HomeMy WebLinkAboutR-2008-160 BC Library Design and Construction Agreement RESOLUTION NO. 2008-160
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN THE CITY AND BROWARD
COUNTY FOR THE LEASE OF REAL PROPERTY FOR A PUBLIC LIBRARY
AND THE DESIGN AND CONSTRUCTION OF A LIBRARY FACILITY,
INCLUDING ALL RELATED DOCUMENTS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute an agreement between
the City and Broward County for the lease of real property for a public library and the design and
construction of a library facility,including all related documents;copies of the applicable documents
are attached and labeled as "Composite A", and are incorporated by this reference.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 9, 2008.
ATTEST:
LOUISE S LSON, tMC ALBERT C. JON
CITY CLERK MAYOR—COMM IONER
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APPROVED AS TO FTo
CORRECTNESS:
BY:
THO AS J. N B O
CITY ATT RNEY
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
LEASE OF REAL
PROPERTY FOR PUBLIC LIBRARY
AND DESIGN AND CONSTRUCTION OF A LIBRARY FACILITY
This is an Agreement between Broward County, a political subdivision of the State
of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its
Board of County Commissioners, and the City of Dania Beach, a municipal corporation,
organized and existing under the laws of the State of Florida, its'successors and assigns,
hereinafter referred to as "CITY."
WHEREAS, CITY presently owns real property within its corporate limits described
in Composite Exhibits "A," [Exhibits A (the "City Hall Property"), A-1 (the "109 Park
Property"), and A-2 (the "Park Street Property") attached hereto (collectively the "Real
Property"], and the City desires to lease a portion of the Real Property to COUNTY as the
site for the construction and operation of a 10,000 square foot public library; and
WHEREAS, COUNTY has budgeted and appropriated Three Million Sixteen
Thousand Dollars ($3,016,000.00)for a 10,000 square foot library(gross square footage)
and the Appurtenances (as defined below) thereto to be constructed in the City of Dania
Beach (the "Library Facility" or"Project"); and
WHEREAS, COUNTY and CITY by mutual agreement will select a location of
sufficient land area and dimensions from within the Real Property to site the Library Facility
and provide for site amenities; and
WHEREAS, COUNTY and CITY wish to provide for the programming, design, and
construction of the Library Facility and for lease by the County of CITY land upon which the
Library Facility will be constructed; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms and conditions,promises,covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
1. DESCRIPTION OF LAND. CITY hereby agrees to lease to COUNTY, and the
COUNTY agrees to lease from CITY, for One Dollar ($1.00), and other good and
valuable consideration,a portion of the Real Property generally described in Exhibit
"A-3" (hereinafter the "Library Site"), pursuant to a Ground Lease between CITY
and COUNTY in the form attached hereto as Exhibit "B," (the "Lease"). The
location, dimensions and area of the Library Site is to be agreed to by the parties
hereto in conjunction with the programming and design of the Library Facility.
CITY shall deliver copies of available information relating to the Real Property
including but not necessarily limited to its master plan for the Real Property site
development, boundary and site surveys, utility location drawings, soil borings,
environmental reports, "as-built" documentation of existing structures, and other
similar documentation concerning the Real Property which are in records currently
held by or under control of the CITY. The CITY shall not be obligated to obtain,
create or draft such documents if such are not within the possession or control of
the CITY.
CITY hereby grants to COUNTY and any authorized successors in title to the
Library Facility, its tenants and their respective employees, patrons, licensees,
invitees, and guests, non-exclusive easements of ingress and egress upon, over,
and across the Real Property,as more particularly described in Exhibit"Co attached
hereto ("Access Easement"), for the purposes of vehicular and pedestrian access
and vehicular parking on the Library Site, for loading and unloading, and for
dumpster and other service uses. The Access Easement Agreement shall be
substantially in the form of Exhibit"C" attached hereto. In addition, the CITY shall
construct a parking lot on the Real Property,or a portion thereof,as described in the
attached Exhibit"A-3"and shall provide at least one hundred (100)parking spaces
to COUNTY exclusively for uses related to the Library Facility; provided however,
that at the time the Library Facility opens to the public, the CITY shall provide 50 to
60 parking spaces to the COUNTY as shown within the attached site plan (Exhibit
"A-3") and, upon the CITY's completion of the parking garage, the CITY shall
dedicate to the COUNTY an additional number of parking spaces to equal the
required 100 dedicated or, alternatively, shall provide to COUNTY at least 250
parking spaces for non exclusive use related to the Library Facility for vehicular
parking by persons working, attending, using, or providing services at the Library
Facility (the"Parking Spaces"). The parking lot shall be on the Real Property, or a
portion thereof, and shall include the Parking Spaces. The CITY shall provide
easements for aerial and underground utility services on,over,and across the Real
Property as may be necessary to provide utility services to the Library Site and the
Library Facility.
2. DESCRIPTION OF LIBRARY FACILITY. CITY hereby agrees to program, design
and construct the Library Facility in accordance with the procedures described in
Exhibit "E" hereto (the "Work Letter for Design and Construction Services") in
consideration of Three Million Sixteen Thousand Dollars ($3,016,000.00) ("Lump
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Sum Compensation") to be paid by COUNTY (in accordance with Article 3 of this
Agreement)to the CITY to program,design, and construct a public Library Facility.
3. COMPENSATION, FUNDING AND METHOD OF PAYMENT.
3.1 COUNTY and CITY agree that the compensation, funding, and method of
payment for the funding of the programming,design,and construction costs
for the Project shall be governed by the provisions set forth in this Article 3.
Further, in the event the CITY decides not to move forward with or if the
CITY does not complete this Project due to no fault of COUNTY, the CITY
shall reimburse the COUNTY for the Lump Sum Compensation or any
portion thereof, if any, paid by COUNTY to CITY.
3.1.1 As provided in Subsection 3.3 below,the COUNTY has budgeted the
Lump Sum Compensation, which amount shall be expended for
programming, design, and construction of the Library Facility,
including for the coordination and incorporation by CITY of public art
into the design and construction of the Library Facility pursuant to
Section 10 of this Agreement. In accordance with Subsections 3.1.2,
3.2.3, and 3.3.8, COUNTY shall be responsible for payments to the
artist and for acquisition of artwork for the artist pursuant to
COUNTY's Public Art and Design Program,and for furniture,fixtures,
and equipment costs for the Library Facility.
3.1.2 COUNTY shall be solely responsible for providing the funds for artist's
services and for purchase of the required artwork in compliance with
the Public Art and Design Program's requirements for the Project.
3.1.3 The Lump Sum Compensation includes any and all costs (including
inflation)for the CITY and its Design and Construction Team, which
shall consist of, but not be limited to, design professionals,
consultants, contractors, subcontractors, subconsultants, suppliers,
materialmen and CITY staff(the"Design and Construction Team"),to
comply with the terms of this Agreement, including but not limited to
the Prevailing Wage Ordinance requirement and the Community
Disadvantaged Business Enterprise("CDBE")program requirements.
All items purchased through the CITY must have full express
warranty for parts, labor, and service.
3.2 LIBRARY FACILITY.
3.2.1 The COUNTY shall pay CITY the Lump Sum Compensation pursuant
to the payment schedule described below in subsection 3.3.3 of this
Agreement. Except as provided in Subsection 3.2.2 of this
Agreement or unless previously paid,the parties agree thatthe Lump
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Sum Compensation represents the total compensation that will be
paid to CITY for the programming, design, and construction of the
Library Facility, permitting fees, impact fees, utility connection
fees/deposits, special inspector, geotechnical and soil testing, site
development and improvements, monument and exterior building
lettering, signage for the Library Facility, any roadway or right-of-way
improvements made necessary by the programming, design and
construction of the Library Facility, and any necessary cross-access
and cross-parking and utility easements.
3.2.2 Any increases in the costs of the Project due to design necessities,
changes in scope, construction necessities, inflation, unforeseen
conditions,damages,Acts of God,or due to any other reason shall be
the sole responsibility of CITY, including, without limitation, all cost
overruns as a result of such conditions or actions, or both, except
where such increases are the result of delay or changes caused by
COUNTY and are not related to any action or inaction of CITY or
CITY's Design and Construction Team,or both.Any costs associated
with delay caused solely by COUNTY or change orders requested by
COUNTY, which are not related to actions or inactions of CITY or its
Design and Construction Team, or both, shall be the sole
responsibility of the COUNTY. Any such costs shall be paid by the
COUNTY within thirty(30)days of receipt of a proper invoice from the
CITY. Unless changed in accordance with Section 16 of this
Agreement, the place for sending such invoices shall be: Director of
Construction Management, Broward County Governmental Center,
115 South Andrews Avenue, Room 550-A, Fort Lauderdale, Florida
33301.
3.2.3 COUNTY shall be responsible for acquiring its own furniture,fixtures,
equipment and collection(s) for the Library Facility.
3.3 PAYMENT OF LUMP SUM COMPENSATION.
3.3.1 COUNTY agrees to pay CITY as compensation for performance of all
services required under the terms of this Agreement the Lump Sum
Compensation. It is understood that the method of compensation is
that of Lump Sum which means that CITY shall perform all services
set forth herein for total compensation in the amount stated above.
3.3.2 CITY acknowledges and agrees that the Lump Sum Compensation
includes any and all expenses, including those that are typically
considered to be reimbursable expenses. COUNTY shall not pay
CITY any additional sum for expenses, including those that are
typically considered to be reimbursable expenses.
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3.3.3 The Lump Sum Compensation shall be paid out in accordance with a
Payment Schedule mutually agreed upon in writing by COUNTY's
Contract Administrator, as defined in the Work Letter for Design and
Construction Services, and the CITY's Project Director, as defined in
the Work Letter for Design and Construction Services, within thirty
(30) days of the CITY's selection of its Design and Construction
Team. CITY shall provide its proposed Schedule of Values in writing
to the COUNTY's Contract Administrator prior to or within thirty (30)
days of the CITY's selection of its Design and Construction Team.
COUNTY shall not make any payments to CITY in advance of the
rendition of services.
3.3.4 METHOD OF BILLING: Lump Sum Compensation
CITY shall submit billings which are identified by the specific project
number and name on a monthly basis in a timely manner. These
billings shall identify the nature of the work performed, the phase or
schedule of work, and the estimated percentage of work
accomplished. Billings for each phase or schedule shall not exceed
the amounts allocated to said phase or schedule pursuant to the
Payment Schedule. Billings shall also indicate the cumulative amount
of CDBE participation to date. The statement shall show a summary
of fees with accrual .of the total and credits for portions paid
previously. When requested, CITY shall provide backup for past and
current invoices so that the services performed may be determined.
3.3.5 METHOD OF PAYMENT: Lump Sum Compensation
3.3.5.1 COUNTY shall pay CITY within thirty(30)calendar days
from receipt of CITY's proper statement, as defined by
COUNTY's Prompt Payment Ordinance, ninety percent
(90%) of the total shown to be due on such statement.
When the services to be performed on each phase or
schedule of the Project are fifty percent(50%)complete
and upon written request by CITY's Project Director and
written approval by the COUNTY s Contract
Administrator that the Project is progressing in a
satisfactory manner, the Contract Administrator, in his
or her sole discretion, may authorize that subsequent
payments for each phase or schedule may be
increased to ninety-five percent (95%) of the total
shown to be due on subsequent statements.
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3.3.5.2 Upon CITY's satisfactory completion of each phase or
schedule and after the Contract Administrator's review
and approval, COUNTY shall remit to CITY that ten
percent (10%) or five percent (5%) portion of the
amounts previously withheld. Final payment for the
Project must be approved in writing by the COUNTY's
Contract Administrator.
3.3.5.3 Payment will be made payable to"City of Dania Beach,"
and forwarded to CITY at:
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Federal Identification Number: 59-6000302
3.3.6 CITY shall be solely responsible for all payments to the Design and
Construction Team. CITY shall pay the Design and Construction
Team within thirty (30) days following receipt of payment from the
COUNTY for such subcontracted work or supplies. CITY agrees that
if it withholds an amount as retainage from the Design and
Construction Team, that it will release such retainage and pay same
within thirty (30) days following receipt of payment of retained
amounts from COUNTY,or within thirty(30)days afterthe Design and
Construction Team has satisfactorily completed its work, whichever
shall first occur.
3.3.7 CITY agrees to provide"in-kind"services in the form of providing staff,
equipment and other material for project management services
including CITY's Project Director and any other personnel necessary
to administer and manage the programming, design, development,
and construction phases of the Project, at no cost to COUNTY;
provided, however,the COUNTY shall cooperate with the CITY in the
supervision of the Design Consultant.
3.3.8 The Lump Sum Compensation to be paid to the CITY pursuant to
Subsection 3.3.1 does not include costs of the artist and artwork for
the COUNTY's public art contribution for the Project, or any other
costs expressly required in this Agreement to be paid by COUNTY,as
set forth in Subsections 3.1.1, 3.1.2, 3.2.2, and 3.2.3, and Section 8.
3.3.9 CITY shall cooperate and ensure coordination between its Design and
Construction Team and COUNTY and COUNTY s Artist(s)in order to
comply with the Public Art and Design Program's requirements.
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3.3.10 All payments required by this Article 3 shall be remitted by the
designated party on or before the scheduled due date of the payment.
Failure to make such timely payment may result in written notice of
breach and demand to cure.
4. MAINTENANCE OF LIBRARY BUILDING. As more fully provided in the Lease,
COUNTY shall maintain both the interior and exterior of the Library Facility building
in a clean and attractive state of appearance and in good repair beginning on the
effective date of the Lease. It is specifically understood between the parties that
COUNTY shall be fully responsible for performing or causing to be performed all
maintenance and repairs to the Library Facility,which shall include the exterior and
interior physical and structural condition of the building, roof,walls,foundation,and
Building Systems. CITY agrees to maintain and to keep the Real Property and the
improvements thereon in a clean and attractive state of appearance and in good
repair. In the event of damage or destruction of all or part of the Library Facility,
COUNTY, to the extent insurance proceeds are available (any deductible shall be
paid by COUNTY), may elect to rebuild all or that portion of the Library Facility
which is partially or totally damaged or destroyed by fire or other casualty. In the
event the COUNTY elects to self insure for casualty loss,the COUNTY may elect to
rebuild all or that portion of the Library Facility which is partially or totally damaged
or destroyed by fire or other casualty. The foregoing shall be accomplished in
accordance with the terms and conditions of the Lease. In the event that COUNTY
elects not to rebuild following such damage or destruction, this Agreement shall
terminate.
5. CONSTRUCTION. CITY hereby agrees to program,design,and construct upon the
Real Property, the Library Facility together with parking, lighting, landscaping,
ingress and egress ("Appurtenances"), in accordance with the Work Letter for
Design and Construction Services to be executed by and between the CITY and
COUNTY within thirty (30) days of the CITY's selection of its Design and
Construction Team;provided, however,the COUNTY shall cooperate with the CITY
in the supervision and construction of the Library Facility. CITY shall work with all
reasonable diligence to complete construction of the Library Facility and shall
complete such construction according to the Approved Plans (as described below)
and specifications and provide parking for the Library Facility as described in
Section 1 and Exhibit"D"no later than three(3)years from the date this Agreement
becomes effective; subject, however, to any delay resulting from a force majeure
event as provided in Section 39. CITY agrees and shall comply with all of
COUNTY's legal requirements, including, without limitation, COUNTY's Prevailing
Wage Rate Ordinance(Section 83-72 of the Broward Code of Ordinances), as has
been and as may be amended from time to time.
Prior to the commencement of schematic design of the Library Facility, CITY shall
submit to the COUNTY for its review and approval a finalized Building Program
documenting functional spaces, providing conceptual arrangements of interior
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building elements and adjacencies,and conceptual site plans illustrating the Library
Facility's relationship to parking, street, and other building elements in the CITY's
development.
Following approval of the final Building Program, CITY shall submit to the COUNTY
for the COUNTY's review and written approval, the plans and specifications with
respect to the Library Facility, including a site plan consistent with the Conceptual
Plan for and through all phases of design and construction (e.g.,schematic,design
development, and construction), which written approval shall not be unreasonably
withheld or delayed. Once any plans and specifications receive the written approval
of the COUNTY, such plans and specifications shall be deemed "Approved Plans"
under this Agreement. The approval by the COUNTY of the final Building Program
and any plans, specifications, site plans, designs or other documents submitted to
the COUNTY pursuant to the terms and conditions of this Agreement shall not
constitute(a)a representation or warranty that such comply with all applicable laws,
ordinances, rules, regulations, and procedures of all applicable governmental
authorities, it being expressly understood that the responsibility therefore shall at all
times remain with CITY, and (b) the approval of the CITY in its capacity as a
governmental authority,it being expressly understood that COUNTY is subject to all
applicable ordinances,rules,regulations,and procedures of the City of Dania Beach
with respect to the design and construction of the Library Facility, and that CITY
shall have the responsibility,at its sole cost and expense,to obtain all governmental
approvals applicable to the development of the Library Facility including, but not
limited to the City of Dania Beach site plan review and approval procedures and
applicable building codes. No changes or alterations (other than Permitted
Changes)shall be made to any Approved Plans,without the prior written approval
of the COUNTY, which approval shall not be unreasonably withheld or delayed.
CITY shall be permitted to make Permitted Changes without the COUNTY's
approval. A "Permitted Change" shall mean (i) a change which is required to be
made to comply with applicable governmental requirements; (ii) a change which
involves only substituting materials of comparable or better quality; (iii) a change
required by the failure of the Approved Plans to satisfy field conditions where the
change will not have a material adverse effect on the quality, appearance, or
function of the Library Facility; and (iv) a change which is made to correct
inconsistencies in various plans and specifications.
Pursuant to Section 163.01, Florida Statutes(2007), CITY and COUNTY agree that
COUNTY will provide, through its Building Code Services Division or successor
division as may be designated by COUNTY or its County Administrator, permitting,
plan review, and inspection services for the Library Facility, and CITY hereby
transfers authority andjurisdiction to COUNTYto perform plan reviews,inspections,
and Building Official functions, issue all permits required by the Florida Building
Code, issue the certificate of occupancy,and perform such other services related to
the design and construction of the Library Facility. Fees shall be based on
COUNTY's Fee Schedule applicable to its Building Code Services Division or its
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successor division, if any. The transfer of jurisdiction and authority under this
paragraph shall only be for and shall be limited to the design and construction of the
Library Facility and such authority and jurisdiction shall automatically cease upon
completion of such responsibilities by COUNTY s Building Code Services Division.
CITY shall obtain all required permits and approvals from all governmental agencies
having jurisdiction over the Real Property for the Library Facility to be constructed
by CITY, including but not limited to departments,divisions or offices of the state of
Florida, county, city, and the federal government.
The Library Facility and all improvements constructed or installed by CITY, its
agents, or contractors,shall conform to all applicable state,federal,county,and city
statutes, ordinances, building codes, fire codes, and rules and regulations, as
amended including, but not limited to, the CITY's Land Development Code. The
CITY, with respect to any development of the Library Facility, and COUNTY, with
respect to any use of the Library Facility, acknowledge and agree that any
development and use of the Library Facility shall be subject to, and conform with,
the comprehensive plan and all zoning and land use regulations of the CITY, as
such may be amended or superseded from time to time,and in effect at the time of
application for development of the Library Facility by the CITY including the
payment of impact, concurrency, permit and application fees, including, but not
limited to, ERC's,fire and rescue impact fees, and building permit fees. Except for
the Lump Sum Compensation, and as provided in Subsection 3.3.8 of this
Agreement, it is expressly understood and agreed to by parties to this Agreement
that the COUNTY shall not have any obligations for any on-site or off-site
improvements required in connection with CITY's development and use of the
Library Facility including, but not limited to, right-of-way dedications, roadway
improvements, sewer and water system improvements, and stormwater drainage
facilities.
CITY shall provide advance notice to COUNTY of meetings with its
architect/engineer and contractors of scheduled meetings to assess the current
status of completion.
Within one hundred twenty (120) days after the date a certificate of occupancy or
use, as applicable, is issued for the Library Facility, CITY shall at its expense,
provide the COUNTY with a complete set of"as built" plans and specifications,for
the entire Library Facility including mylar reproducible "record" drawings, and, if
available, one set of machine readable disks containing electronic data in an
AUTOCAD format that meets the COUNTY's graphic standards of the "as-
constructed"or"record"plans for the Library Facility.The"as built"plans submitted
by CITY must show the square footage of the Library Facility.
CITY and COUNTY will develop a schedule that is predicated on CITY's provision of
infrastructure, utilities,roadways,the Parking Spaces,and other site improvements
necessary to provide the Library Facility a Certificate of Occupancy. The parking lot
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shall meet the code requirements of either the COUNTY or the CITY,as necessary,
and the parking plan included in the Approved Plans shall not be changed without
COUNTY's written approval. It is agreed to between the parties that the schedule
shall include completion of the Library Facility in the first phase of construction and
all other on-site and off-site improvements necessary to obtain a Certificate of
Occupancy for the Library Facility. The parking lot shall be completed and available
for use by the public prior to the time COUNTY takes possession of the Library
Facility.
6. CONSTRUCTION CLAIMS. CITY shall pay,when due,or shall promptly resolve all
claims for labor or materials furnished to or for the COUNTY s Library Facility at or
for use at the Premises,which claims are or may be secured by any mechanics'or
material person's lien against the Real Property,including the Library Facility or any
interest therein. The CITY's Project Director shall give COUNTY's Contract
Administrator not less than ten (10)days'written notice prior to the commencement
of any construction work on the Premises and COUNTY's Contract Administrator
shall have the right to post notices of COUNTY's non-responsibility in or on such
Premises as provided by law. If CITY's Project Director shall, in good faith,contest
the validity of any such lien, claim or demand, then, to the extent permitted by law,
CITY shall, at its expense, defend itself and COUNTY against the same and shall
pay and satisfy any such adverse judgment that may be rendered thereon before
the enforcement thereof against the COUNTY,the Premises,or the Library Facility.
COUNTY, through its Contact Administrator or County Administrator may, at its
sole option, require CITY to furnish to COUNTY a surety bond or other acceptable
security satisfactory to COUNTY's Contract Administrator or County Administrator in
an amount equal to one hundred (100%) percent of the amount of such contested
lien, claim or demand indemnifying or protecting COUNTY,to the extent permitted
by law, against liabilityfor the same and holding the Premises, including the Library
Facility free from the effect of such lien or claim.
7. PREVAILING WAGE RATE. Broward County Ordinance No. 83-72, as may be
amended from time to time (the "Prevailing Wage Ordinance"), shall apply to the
construction work to be provided by CITY as to the COUNTY's Library Facility,
through its Design-Construction Team,as stated more fully herein;and further CITY
and CITY's Design-Construction Team shall fully comply with the requirements of
such ordinance and shall satisfy, comply with, and complete the requirements set
forth in Exhibits "F," "F-1," and "F-2" attached hereto. COUNTY and CITY agree
that the Prevailing Wage Ordinance shall apply to the construction of the Project for
the construction of the Library Facility. The Prevailing Wage Ordinance provides in
part, specifically Section 1, as follows:
Every construction contract in excess of Two Hundred Fifty Thousand
Dollars ($250,000.00) to which Broward County is a party shall
include a provision that the rate of wage and fringe benefits, or cash
equivalent,for all laborers, mechanics, and apprentices employed by
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any contractor or subcontractor on the work covered by the contract,
shall be not less than the prevailing rate of wages and fringe benefit
payments or cash equivalents for similar skills or classifications of
work as established by the federal register, in Broward County,
Florida.
The parties agree that the Prevailing Wage Ordinance applies to the construction
services for the Project and shall be complied with by CITY and CITY's Design-
Construction Team. CITY shall include a statement containing similar language as
set forth herein in its contract with its Design-Construction Team providing
construction services for the Project which will be funded by County General Capital
Funds. CITY shall also require its Design-Construction Team to include a statement
containing similar language in its contract(s) with any subcontractor(s), providing
construction services for the Project.
8. CHANGE ORDERS/AMENDMENTS. COUNTY shall be solely responsible for costs
of change orders or amendments to this Agreement requested by COUNTY except
any costs relating to soil conditions or actions or inactions of CITY or its Design and
Construction Team, or both. Such costs that the COUNTY is responsible to pay
shall be billed and paid as provided in Subsection 3.2.2 of this Agreement.
9. USE OF PREMISES. The COUNTY shall use the Real Property for library
purposes and agrees to operate the Library Facility as part of a COUNTY public
library system which shall include, but not be limited to, providing library staff, library
books, library materials, library equipment, and library services. COUNTY shall be
responsible for the costs of operating and maintaining the Library Facility. In the
event COUNTY uses the Library Site for other than library purposes, CITY shall
have the right to give written notice to COUNTY demanding discontinuation of the
improper use. If COUNTY does not discontinue the improper use within ninety(90)
days after it receives the notice from CITY, CITY shall have the right to compel
COUNTY to conform its use to library purposes pursuant to Section 18 of this
Agreement.
10. PUBLIC ART AND DESIGN PROGRAM. Public Art and Design Program shall refer
to the COUNTY's program established pursuant to Broward County Ordinance No.
95-20,as codified in Broward County Code,Section 1-88,as may be amended from
time to time, requiring appropriations for COUNTY's capital improvement projects of
two (2%) percent of eligible construction costs, including design costs and
construction costs, to be used for artist design services and for acquisition of
artwork. COUNTY shall be solely responsible for the cost thereof as provided in
Subsection 3.1.2 of this Agreement.
11. PUBLICITY. The CITY agrees that all advertisements, press releases, or other
types of publicity concerning the design and construction activities for the Library
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Facility undertaken by CITY in connection with this Agreement shall, wherever
feasible, include the following statement:
A joint project of the Broward County Board of County
Commissioners and the City of Dania Beach.
12. TAXES AND ASSESSMENTS. CITY shall pay any and all taxes, assessments, or
other charges against the Library Facility, Library Site or the Real Property, or any
combination of them.
13. CDBE COMPLIANCE. Community Disadvantaged Business Enterprise("CDBE")
shall be defined as a business located in Broward County, Florida,that is owned by
economically disadvantaged individuals whose ability to compete in the free
enterprise system has been impaired due to diminished opportunities to obtain
capital and credit as compared to others in the same line of business who are not
economically disadvantaged. To qualify as a CDBE business, a firm must meet the
criteria and eligibility requirements of Broward County's CDBE Program and must
be certified by Broward County's Small Business Development Division.
13.1 In completing the Library Facility, CITY agrees to and shall comply with
COUNTY's Business Opportunity Act of 2004 (Broward County Ordinance
No. 2004-07), referred to as the"Act," and Broward County Ordinance No.
2007-32,which provides for the establishment and implementation of CDBE
participation goals,initiatives,and other opportunities for COUNTY contracts.
CITY shall also require its Design and Construction Team for the design and
construction of the Library Facility to comply with the Act and the
requirements of this Section 13. The COUNTY shall have the right to review
each proposed modification to this Agreement and CITY's contracts for the
design and construction of the Library Facility that, by itself or aggregated
with previous modifications, increase COUNTY's contribution to this
Agreement and the Design and Construction Team contracts for the Library
Facility by ten percent (10%) of the initial contract value, or Fifty Thousand
Dollars ($50,000) whichever is less, for opportunities to include or increase
the participation of CDBE, already involved in this Agreement or the Design
and Construction Team contracts.
13.2 COUNTY and CITY agree that subcontract awards to CDBE participants are
crucial to the achievement of the Project's CDBE participation goals. In an
effort to assist COUNTY in achieving its established goals for this Project,
CITY agrees to meet and to require its Design and Construction Team to
meet the following participation goal for the design and construction contract
for the Library Facility. The goal established is:
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Total CDBE Goal 25%
13.3 The Schedule of CDBE Participation form (Exhibit "G") shall be used by
CITY and its Design and Construction Team to identify the subcontractors
who will be performing work on the Library Facility. The names, addresses,
scope of work, and dollar value of CDBE participation identified on the
Schedule of CDBE Participation shall be incorporated into CITY's contracts
with its Design and Construction Team. CITY understands that each CDBE
firm utilized on the Project to meet the participation goals must be certified by
the Broward County Small Business Development Division. CITY agrees to
provide copies of its contracts with such CDBE firms,and the contracts of its
Design and Construction Team with CDBE firms, to the Contract
Administrator and the Broward County Small Business Development Division
prior to issuance of the Notice to Proceed (the "NTP") with the Design and
Construction of the Library Facility.
13.4 Unless the time for submission of same is extended in writing by the Broward
County Small Business Development Division, a Letter of Intent(Exhibit"W)
to perform as a subcontractor executed by each CDBE subcontractor listed
on the Schedule of CDBE Participation must be submitted to the Broward
County Small Business Development Division prior to issuance of the NTP.
A Letter of Intent form may be obtained at the Broward County Small
Business Development Division office.The information contained within the
Letter of Intent and the information contained within the Schedule of CDBE
Participation should be the same as to content.
13.5 CITY understands that it is the responsibility of the Broward County Small
Business Development Division to monitor compliance with the CDBE
requirements. In that regard, CITY agrees to,or shall require its Design and
Construction Team to, furnish monthly reports to both the Contract
Administrator and the Broward County Small Business Development Division
of all expenditures made to achieve compliance with its assigned goals or
other contractual conditions agreed to by CITY pursuant to the Act
commencing with the end of the first month after issuance of the NTP. Such
report shall be provided on the CDBE Participation Performance Report form
attached hereto as Exhibit "I." All reports shall include the name and
business address of each CDBE solicited, whether by CITY or the Design
and Construction Team, to work as a subcontractor or supplier for this
Agreement and the responses received to such solicitation; the name and
business address of each CDBE actually involved in this Agreement, a
description of the work performed or the product or service supplied by each
CDBE; the date and amount of each expenditure; the CDBE status of any
contractor performing any portion of this Agreement; and any other
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information requested by COUNTY which may assist COUNTY in
determining the CITY's compliance with its contractual obligations, or may
assist in the implementation and enforcement of the Act. The submission of
the report required by this subparagraph shall be a condition of payment to
CITY. CITY agrees that failure to comply with the Act or the provisions of
this Section 13 by CITY and its Design and Construction Team shall
constitute noncompliance with this Section 13 and, if not timely cured, a
default under Section 18 of this Agreement.
13.6 In the event of CITY's or the Design and Construction Team's
noncompliance with its participation commitment to a CDBE (including
without limitation the unexcused reduction of CDBE participation), the
affected CDBE shall have the right to exercise the following remedies against
the CITY or CITY's Design and Construction Team, or both, if the
noncompliance is or was due to no fault of the CDBE, and due to the willful
action or omission of CITY or its Design and Construction Team (CITY shall
ensure that the affected CDBE shall have the right to exercise the following
remedies against CITY's Design and Construction Team):
13.6.1 The affected CDBE shall be entitled to damages pursuant to its
agreement with CITY or member of the Design and Construction
Team.
13.6.2 If a subcontractor, material supplier, or other similarly-situated
person has the right to and institutes an arbitration proceeding
claiming non-compliance with the Act by CITY or member of the
Design and Construction Team, then only in such event shall the
remedies include an undertaking by CITY or member of the Design
and Construction Team, to submit any dispute concerning such
damages to binding arbitration by an independent arbitrator.
However,binding arbitration shall not be available as to any dispute
between CITY and COUNTY; nor shall COUNTY incur any cost,
fee, or liability relative to any arbitration proceedings. An arbitrator
may award reasonable attorney's fees and costs against a non-
prevailing party.
13.6.3 Nothing under this Subsection 13.6 shall be construed to limit the
rights of and remedies available to COUNTY, including the right to
seek its own damages pursuant to this Agreement.
13.7 CITY agrees that nonpayment of a CDBE subcontractor or supplier as
required by Subsection 3.3.6, even if such nonpayment is by CITY's Design
and Construction Team, shall be a material breach of this Agreement and
that COUNTY's Contract Administrator may,at its option,increase allowable
retainage or withhold progress payments unless and until CITY or its Design
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and Construction Team demonstrates timely payments of sums due to such
subcontractors or suppliers. CITY agrees that the presence of a"pay when
paid" provision in a subcontract shall not preclude COUNTY or its
representatives from inquiring into allegations of nonpayment,and CITY shall
require such agreement from its Design and Construction Team. The
foregoing remedies under this subsection 13.7 shall not be employed when
CITY or its Design and Construction Team demonstrates that failure to pay
results from'a bona fide dispute with its subcontractor or supplier.
13.7.1 COUNTY shall have access, without limitation,to CITY's books and
records,including payroll records,tax returns and records,and books
of account, on five (5) business day's notice, to allow COUNTY to
determine CITY's compliance with its commitment to CDBE
participation goal and the status of any CDBE performing any portion
of this Agreement and CITY shall require its Design and Construction
Team to permit such access by COUNTY to the Design and
Construction Team's books and records to likewise determine the
Design and Construction Team's CDBE compliance.
14. SUCCESSORS AND ASSIGNMENT. This Agreement shall inure to and be binding
upon the authorized successors of the parties;however,neither COUNTY nor CITY
shall have the right to assign this Agreement. This provision shall not be construed
to prohibit COUNTY from granting persons or entities the right to occupy or use
space in the Library Facility upon completion thereof.
15. CANCELLATION. Except where expressly provided by its terms, this Agreement
shall not be subject to cancellation unless jointly agreed in writing by CITY and
COUNTY.
16. NOTICES. Whenever either party desires to give notice to the other, such notice
must be in writing, sent by certified United States mail, postage prepaid, return
receipt requested, or by hand delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
FOR BROWARD COUNTY:
Director of Construction Management
Broward County Governmental Center
115 South Andrews Avenue, Room 550-A
Fort Lauderdale, FL 33301
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With an additional copy to (copies shall not constitute notice):
Broward County
Director of Libraries Division
100 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
With additional copies to (copies shall not constitute notice):
Thomas J. Ansbro Dominic F. Orlando, P.E.
City Attorney Director of Public Services
100 W. Dania Beach Boulevard 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004 Dania Beach, Florida 33004
17. WARRANTIES. CITY warrants that CITY has not received any notice from any
governmental authority as to violation of any law,ordinance,or regulation regarding
the Real Property. If the Real Property is subject to restrictive covenants, CITY
warrants that CITY has not received any notice from any person or authority as to a
breach of the covenants. CITY warrants that COUNTY and Library Facility patrons
shall have a continuous right of access to the Library Facility and Real Property
during the term of the Lease from public right-of-ways, and other public travelways
and routes.
18. DEFAULT. Except as restricted or prohibited below,a party not in default may take
action to remedy a default under this Agreement by the other parry after applicable
cure periods. Such party may pursue any available legal and equitable remedies,
including specific performance of this Agreement.
If CITY defaults by failing to timely complete construction of the Library Facility,the
COUNTY may terminate this Agreement if CITY has not cured such default within
ninety(90) days after written notice of the default from COUNTY or, if such default
is of a nature that it cannot be cured within ninety (90) days,if CITY shall not have
taken action to commence to cure such default and is diligently pursuing the same.
This provision shall not deprive COUNTY of the right to recover damages for breach
of this Agreement or of the right to specific performance of this Agreement.
If COUNTY defaults in its obligation to pay CITYthe Lump Sum Compensation,the
CITY may terminate this Agreement if COUNTY has not cured the default within
thirty (30)days after written notice of such default from CITY. If COUNTY defaults
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in any other obligation required of COUNTY by this Agreement, the CITY may
provide notice thereof to COUNTY,and if COUNTY has not cured the default within
ninety(90)days after written notice of such default from CITY or, if such default is of
a nature that it cannot be cured within ninety (90) days, if COUNTY shall not have
taken action to commence to cure such default and is diligently pursuing the same,
CITY shall have the right to specific performance and may recover damages it
incurs due to such default. Any alleged default as to whether the Library Facility is
properly being operated as a library, or uses customary, incidental or ancillary
thereto,shall not constitute a basis for termination or eviction unless the COUNTY
acknowledges it has permanently abandoned or ceased use of the Library Facility
as such.
19. PROPERTY USE. The use of the Library Site is for a public library and accessory
or incidental uses.
20. BONDING AND INSURANCE. CITY shall require that its construction contractor
obtain and maintain a separate performance and payment bond for the Library
Facility in a form allowed by Section 255.05, Florida Statutes, as may be amended
from time to time, until completion of the construction of the Library Facility. The
bond shall be at least one hundred percent (100%) of the Library Facility's
construction cost.
The CITY shall not allow any contractor to commence work on construction of the
Library Facility until such contractor has provided CITY with evidence of insurance
coverage consistent with CITY requirements, including separate payment and
performance bonds for at least one hundred percent (100%) of the costs of the
construction work. Such bonds shall be in a form prescribed by the CITY, provided
that the form shall comply with Section 255,05, Florida Statutes, as may be
amended from time to time, and shall conform to the applicable requirements of
Section 22 below.
21. SOVEREIGN IMMUNITY AND LIABILITY. CITY is a state agency as defined by
Section 768.28, Florida Statutes, and is self insured. CITY agrees to be fully
responsible for acts and omissions of its agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a state agency or political subdivision of the
State of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract. CITY shall furnish COUNTY with written
verification of liability protection in accordance with state law prior to execution of
this Agreement. Likewise, COUNTY is a state agency as defined by Section
768.28, Florida Statutes, and is self insured. COUNTY agrees to be fully
responsible for acts and omissions of its agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing
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herein shall be construed as consent by a state agency or political subdivision of the
State of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract. COUNTY shall furnish CITY with written
verification of liability protection in accordance with state law prior to execution of
this Agreement.
22. INSURANCE REQUIRED OF CITY's DESIGN-CONSTRUCTION TEAM.
22.1 For purposes of this Section 22, CITY and COUNTY agree that COUNTY is
and shall be considered both the co-owner of the Library Facility and part
owner of the Library Site during the time the Library Facility is being designed
and constructed. In order to insure its indemnification obligation to COUNTY
and CITY as set forth in this Agreement, the CITY shall require its Design
and Construction Team to provide, pay for, and maintain in force at all times
during the design and construction of the Library Facility, such insurance,
including Comprehensive General Liability Insurance, Workers'
Compensation Insurance, and Employer's Liability Insurance as will assure
to COUNTY and CITY the protection contained in the indemnification
provisions agreed to in Section 26 with respect to the work to be undertaken
by the Design and Construction Team and with respect to any and all liability
arising out of the operations performed for COUNTY and CITY, by or on
behalf of the Design and Construction Team or with respect to any acts and
omissions of the Design and Construction Team in connection with such
operation.
22.1.1 Such policy or policies shall be without any deductible amount unless
otherwise permitted in this Agreement and shall be issued by
approved companies authorized to do business in the State of
Florida, and having agents upon whom service of process may be
made in Broward County, Florida. The Design and Construction
Team shall be responsible for paying any deductible amounts.
22.1.2 In such policy or policies, the Design and Construction Team shall
specifically protect COUNTY and the Broward County Board of
County Commissioners by naming"Broward County and the Broward
County Board of County Commissioners" as additional insureds
under the Comprehensive General Liability Insurance Policy.
22.1.3 In such policy or policies, the Design and Construction Team shall
specifically protect CITY b naming"City of Dania Beach,the Mayor,
p YP Y 9 Y
and the Commissioners of the City of Dania Beach" as additional
insureds under the Comprehensive General Liability Insurance
Policy.
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22.2 The Design and Construction Team shall maintain in full force at all times
throughout the design and construction of the Library Facility, Workers'
Compensation Insurance to apply to and cover all its employees in full
compliance with the Workers'Compensation Law of the State of Florida and
all applicable federal laws. The policy must also include employers' liability
provided hereunder which shall contain minimum limits of One Hundred
Thousand Dollars ($100,000.00) for each accident or incident.
22.3 The Design and Construction Team shall maintain in full force at all times
throughout the design and construction of the Library Facility, a
Comprehensive General Liability Insurance Policy or policies. Such policy or
policies shall contain minimum limits of One Million Dollars ($1,000,000.00)
per occurrence combined single limit for bodily injury liability and property
damage liability. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability Policy,without
restrictive endorsements, as filed by the Insurance Services Office and must
include the following:
Premises and Operations Explosion, Collapse Hazard, Underground
Hazard and Products/Completed Operations Hazard.
Independent Contractors.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific
Agreement including hold harmless or indemnification provisions of
this Agreement, or both.
Personal Injury Coverage with Employee and Contractual Exclusions
removed and with minimum limits of coverage equal to those required
for Bodily Injury Liability and Property Damage Liability.
22.4 The Design and Construction Team shall maintain in full force at all times
throughout the design and construction of the Library Facility, Business
Automobile Liability Insurance with minimum limits of Five Hundred
Thousand Dollars ($500,000.00) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be
provided and afforded on a form no more restrictive than the latest edition of
the Business Automobile Liability Policy, without restrictive endorsements,
filed by the Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
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22.5 The Design and Construction Team shall maintain in full force at all times
throughout the design and construction of the Library Facility thereto such
policy or policies, including, but not limited to, the Comprehensive General
Liability Policy and the Business Automobile Liability Insurance Policy,with a
Notice and Cancellation or Endorsement provision requiring the provision of
individual notices to be sent separately to CITY and to COUNTY's Risk
Management Division with at least thirty(30) days advance written notice of
any such cancellation or restriction, or both.
22.6 The Design and Construction Team must provide Builders Risk Insurance at
One Hundred Percent (100%) replacement value. Such policy shall name
Broward County and the CITY as additional insureds. Builders Risk
Insurance shall remain in force until final acceptance of the project by
COUNTY and CITY. Such policy may include a deductible, but not to
exceed Five Thousand ($5,000.00) for each claim.
22.7 The Design and Construction Team shall provide individually and separately
to COUNTY and to CITY, a Certificate of Insurance for insurance policies
required herein, at least ten (10) days prior to the commencement of any
construction work relating to the Project. COUNTY and CITY reserve the
right to require and obtain a certified copy of any and all such policies upon
request from the Design and Construction Team. All such Certificates of
Insurance and all endorsements relating to the required policy or policies
shall be provided individually and separately to CITY and to COUNTY's Risk
Management Division with at least thirty (30) days advance written notice
prior to the expiration or cancellation of any such policy or policies.
22.8 For the purpose of the insurance notification required to be provided to
COUNTY, notice shall be in writing and shall be delivered by certified mail or
by hand-delivery in the manner required by Section 16 of this Agreement
except that delivery shall be to the following: Broward County Risk
Management Division, Attention: Assistant Risk Manager, 115 South
Andrews Avenue, Room 210, Fort Lauderdale, Florida 33301-1869.
22.9 For the purpose of the insurance notification required to be provided to CITY,
notice shall be provided as required within the design or construction
agreement(s), or both such agreements, between the CITY and the Design
and Construction Team.
22.10 CITY shall require the Design-Construction Team to obtain the requisite
insurance set forth herein which also insures that its indemnification
obligations which the Design-Construction Team agrees to provide to
COUNTY and CITY relating to the construction of the Facility shall remain in
effect until final acceptance of the Library Facility by the COUNTY and CITY.
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22.11 Professional Liability or Eauivalent Errors&Omissions Liability: CITY shall,
and is obligated to, include in its Professional Services Agreement(s) that it
enters into for architectural, engineering or other design professional (the
"Design Professionals") services for the design of the Library Facility,
insurance as set forth in this Agreement. All Insurance Requirements set
forth in this Section 22 shall be equally applicable to the Design
Professionals for this Agreement through the Professional Services or
Construction Agreement(s)between the CITY and the Design Professionals.
At a minimum,the Design Professionals shall maintain Professional Liability
coverage with the limits of liability provided by such policy to be no less than
One Million Dollars ($1,000,000.00) for each claim with a maximum
deductible of One Hundred Thousand Dollars ($100,000.00). The Design
Professionals shall maintain the "claims-made" form of coverage
continuously in force for a minimum of three (3) years following the
Completion Date of the Library Facility and shall annually provide Broward
County with evidence of renewal coverage. The Design Professionals shall
be responsible to pay for all deductibles. The Design Professionals shall
notify BROWARD COUNTY in writing within thirty(30)calendar days of any
claims filed or made against the Professional Liability Insurance Policy.
22.12 CITY shall not have its Design and Construction Team commence any
design, development, or construction work required under this Agreement
until after the Project Director has obtained all the minimum insurance herein
described and the policies of such insurance detailing the provisions of
coverage have been received and approved by COUNTY's Risk
Management Division. CITY shall not permit its Design and Construction
Team to allow any of its subcontractor(s) to commence work until after
similar minimum insurance to cover such work has been obtained and
approved by its Design and Construction Team.
22.13 In furtherance of Section 20, COUNTY and CITY agree that prior to
commencement of any construction activities on the Property,CITY's Project
Director through its, Design and Construction Team,who shall be the obligor
on the bond, shall deliver or cause to be delivered to the COUNTY separate
Payment and Performance Bond(s)for the Library Facility naming"Broward
County and Board of County Commissioners"and the"City of Dania Beach,
the Mayor, and the Commissioners of the City of Dania Beach" as dual
obligees in said bond;each bond shall be in an amount at least equal to one
hundred percent (100%) of the contract price.
22.14 CITY's Project Director shall ensure that all insurance, payment bond and
performance bond, warranties and guarantees for any construction,
workmanship or materials, or any combination of them, and any equipment
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constructed, installed or affixed on the Library Facility, shall name both
COUNTY and CITY as beneficiaries.
22.15 In the event any insurance required by this Section is unavailable at a
commercially reasonable price, the parties agree to negotiate in good faith
any available alternate insurance.
23. EXECUTION AND RE-EXECUTION OBLIGATION. In the event either party deems
that it is necessary or advisable for the other to execute or re-execute any document
or documents to effectuate the terms of this Agreement,the party requested to do
so shall execute or re-execute such document ordocuments reasonably required by
the other party. If there is a cost related to the execution or re-execution required by
this Section 23,the party requesting execution or re-execution shall pay such costs.
All requests for execution or re-execution of documents and payment of costs shall
be complied with within thirty (30) days of the written request. A party's failure to
comply with the obligation hereunder shall constitute a default and shall entitle the
other party to the remedies described in Section 18 of this Agreement including,but
not limited to,specific performance or execution of such document or documents on
behalf of the defaulting party by a court-designated representative.
24. CONFLICT RESOLUTION. It is agreed by the parties hereto that CITY shall be
responsible for resolving all questions,claims,difficulties, and disputes of whatever
nature which may arise with its Design and Construction Team; provided that any
CITY decision shall not negate, conflict with, supersede, or otherwise contravene
any requirement, restriction or prohibition of this Agreement.
As to disputes between CITY and COUNTY, and in recognition of the complexities
involved in implementing this Agreement and the desire on the part of the CITY and
COUNTY to minimize the adverse effect and cost of disputes arising under this
Agreement, the parties hereby agree that in the first instance, the CITY's Project
Director and the COUNTY's Contract Administrator shall endeavor to resolve every
dispute amicably and to define the nature and extent of any disagreement to the
extent possible. If the CITY's Project Director and the COUNTY's Contract
Administrator are unable to reach an agreement within ten (10)business days after
the dispute arises,they agree to call in the CITY's City Manager or his/her designee
and the COUNTY's County Administrator or his/her designee to assist in a review of
the dispute and participate in the effort to find a resolution that will avoid the
necessity of litigation, and they shall attempt to resolve the dispute within ten (10)
business days thereafter. Furthermore,the parties agree that before any matter is
brought to litigation,they shall submit to non-binding mediation to attemptto resolve
their differences in good faith with a mediator mutually agreed upon by the CITY's
City Manager or his/her designee and the COUNTY County Administrator or his/her
designee. The CITY and the COUNTY further agree that the cost of the mediator
for any such non-binding mediation shall be shared equally between the parties,
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with each party to bear its own attorney's fees incurred in connection with such
mediation.
25. THIRD PARTY RIGHTS. Except as provided in Subsection 13.6, nothing in this
Agreement shall be construed to give any rights or benefits to anyone other than the
CITY and COUNTY.
26. INDEMNIFICATION. CITY shall require its Design and Construction Team to
indemnify and hold harmless and, unless prohibited by law, defend COUNTY, its
officers, and employees from or on account of any injuries or damages, received or
sustained by any person or property during or on account of any operations
connected with the construction, operations, maintenance,and other performance
to be provided by the Design and Construction Team in furtherance of this
Agreement or its agreement with CITY, or by or in consequence of any negligence
in connection with the same or by any act or omission of the Design and
Construction Team, its architects, its general contractors, subcontractors, their
agents, or employees in connection with the performance of work under this
Agreement. CITY shall also require its Design and Construction Team to indemnify
and save harmless the COUNTY, its officers,and employees,against any claims or
liability arising from or based upon violation by the Design and Construction Team,
its general contractors, subcontractors, agents,or employees of any federal, state,
county, or city laws, ordinances, or regulations in connection with this Agreement.
COUNTY shall endeavor to provide CITY and its Design and Construction Team
with prompt written notice of any claim that may be subject to indemnification under
this Agreement. In the event that any action or proceeding is brought against
COUNTY by reason of any such claim or demand where CITY's Design and
Construction Team is obligated to defend the COUNTY, CITY or the Design and
Construction Team shall have the right to resist and defend such action or
proceeding by counsel approved by the County Attorney. The obligations of this
Section 26 shall survive the expiration or any earlier termination of this Agreement.
27. OWNERSHIP OF DOCUMENTS. All finished or unfinished documents, data,
studies, surveys,drawings, maps, models,photographs and reports prepared for or
provided by CITY in connection with this Agreement shall become the property of
COUNTY, whether the Project for which they are made is completed or not, and
shall be delivered by CITY to COUNTY within thirty (30) days of the receipt of the
written notice of termination. If applicable, COUNTY may withhold any payments
then due to CITY until CITY complies with the provisions of this section. Final "As
Built" Project Record Documents shall be provided pursuant to the Work Letter for
Design and Construction Services.
28. NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. CITY shall not unlawfully discriminate
against any person in its operations and activities or in its use or expenditure of the
funds or any portion of the funds provided by this Agreement,and shall affirmatively
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comply with all applicable provisions of the Americans with Disabilities Act(ADA) in
the course of providing any services funded in whole or in part by COUNTY,
including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards.
CITY's decisions regarding the delivery of services under this Agreement shall be
made without regard to or consideration of race,age, religion,color,gender identity
and expression,sexual orientation(Broward County Code,Chapter 161/2),national
origin, marital status, physical or mental disability, political affiliation, or any other
factor which cannot be lawfully or appropriately used as a basis for service delivery.
CITY shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not
discriminate against any employee or applicant for employment because of race,
age, religion, color, gender identity and expression, sexual orientation, national
origin, marital status, political affiliation,or physical or mental disability. In addition,
CITY shall take affirmative steps to ensure nondiscrimination in employment against
disabled persons. Such actions shall include, but not be limited to, the following:
employment,upgrading,demotion,transfer, recruitment or recruitment advertising,
layoff,termination, rates of pay, other forms of compensation,terms and conditions
of employment, training (including apprenticeship), and accessibility.
CITY shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual
orientation (Broward County Code, Chapter 161/2), national origin, marital status,
political affiliation,or physical or mental disability during employment. Such actions
shall include,but not be limited to,the following: employment, upgrading,demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay,
other forms of compensation, terms and conditions of employment, training
(including apprenticeship), and accessibility.
CITY shall not engage in or commit any discriminatory practice in violation of the
Broward County Human Rights Act (Broward County Code, Chapter 16 1/2) in
performing the Scope of Services or any part of the Scope of Services of this
Agreement.
CITY shall not permit its Design and Construction Team to violate any of the
requirements set forth in the foregoing paragraphs.
29. COMPLIANCE WITH LAWS. When performing its respective duties, CITY shall
comply with all applicable federal, state, and local laws, codes, ordinances, rules,
and regulations in performing its duties, responsibilities,and obligations pursuant to
this Agreement. Likewise, COUNTY shall comply with all applicable federal, state,
and local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
_P4_
30. SURVIVAL OF OBLIGATIONS. The obligations set forth in this Agreement shall
survive completion of the Library Facility.
31. MATERIALITY AND WAIVER OF BREACH. COUNTY and CITY agree that each
requirement,duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof. Any party's
failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach
and shall not be construed to be a modification of the terms of this Agreement.
32. SEVERANCE. In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective.
33. JOINT PREPARATION. The parties acknowledge that they have sought and
received whatever competent advice and counsel as was necessary for them to
form a full and complete understanding of all rights and obligations herein and that
the preparation of this Agreement has been theirjoint effort. The language agreed
to expresses their mutual intent and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the
parties than the other.
34. APPLICABLE LAW AND VENUE. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. Any
controversies or legal problems arising out of this Agreement and any action
involving the enforcement or interpretation of any rights hereunder shall be
submitted exclusively to the jurisdiction of the State Courts of the Seventeenth
Judicial Circuit of Broward County, Florida,and venue for litigation arising out of this
Agreement shall be exclusively in such state courts,forsaking any other jurisdiction
which either party may claim has jurisdiction. BY ENTERING INTO THIS
AGREEMENT,CITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
TO, OR ARISING OUT OF THE PROJECT OR THIS AGREEMENT. Each party
shall bear its own attorney fees in any litigation or proceeding arising under this
Agreement.
35. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed for the COUNTY by the Board or another person empowered to execute
contracts on behalf of the COUNTY, and CITY by the CITY Commission.
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36. INDEPENDENT CONTRACTOR. CITY is an independent contractor and is in no
sense an agent of COUNTY, and CITY has no authority whatsoever to bind
COUNTY,and no acts or assistance given by COUNTY shall be construed to have
altered this relationship. Services provided or acquired by CITY pursuant to this
Agreement shall be subject to the supervision of CITY. In providing such services,
neither CITY nor its agents shall act as officers,employees, or agents of COUNTY.
This Agreement shall not create nor be deemed to create a partnership or joint
venture between the parties. Likewise,COUNTY is an independent contractor and
is in no sense an agent of CITY,and COUNTY has no authority whatsoever to bind
CITY, and no acts or assistance given by CITY shall be construed to have altered
this relationship. Services provided or acquired by COUNTY pursuant to this
Agreement shall be subject to the supervision of COUNTY. In providing such
services, neither COUNTY nor its agents shall act as officers,employees,or agents
of CITY. This Agreement shall not create nor be deemed to create a partnership or
joint venture between the parties.
37. AUDIT RIGHTS AND RECORDS. CITY shall maintain during the term of this
Agreement separate books of account, reports,and records customarily maintained
and such records as are necessary to document its activities pursuant to this
Agreement and all monies received hereunder. Such books and records shall be
kept in accordance with generally accepted accounting principles. The COUNTY
shall have the right to review and audit CITY's books and records for the Library
Facility, by giving at least thirty (30)days' prior written notice to CITY of such intent
to review or audit, or both. All records of CITY related to this Agreement shall be
maintained for a period consistent with the requirements of the State of Florida's
public records law, if applicable, and, at least three(3)years after the Library Facility
is completed. This provision shall survive the expiration or termination of this
Agreement.
38. TIME OF THE ESSENCE AND TIME PERIODS. Time shall be deemed to be of the
essence for this Agreement with respect to all provisions in which a definite time for
performance is specified;provided,however,that the foregoing shall not be deemed
to deprive any party of the benefit of any cure period set forth herein. All time
periods specified in this Agreement shall be deemed to be calendar days unless
specifically stated otherwise;provided, however,that if the last day of any particular
calendar day period is a Saturday, Sunday, or legal holiday, then the time period
shall be deemed to extend to the next business day.
39. FORCE MAJEURE. If the performance of this Agreement, or any obligation
hereunder is prevented as a result of war, national or local emergency, labor
troubles, acts of God, casualty, or any other cause beyond its reasonable control,
the party so affected, upon giving prompt notice to the other party,shall be excused
from such performance to the extent of such prevention, provided that the party so
affected shall first have taken reasonable steps to avoid and to remove such cause
of non-performance and shall continue to take reasonable steps to avoid and
-26-
remove such cause, and shall promptly notify the other party in writing and resume
performance hereunder whenever such causes are removed. If CITY is ultimately
unable to complete the Library Facility,within a reasonable time following the force
majeure event, CITY shall return all paid by COUNTY to CITY pursuant to
this Agreement upon request by COUNTY.
40. WHEREAS CLAUSES. The information contained in the Whereas Clauses set
forth above is true and correct, and is hereby incorporated into the body of and
made a part of this Agreement.
41. ENTIRE AGREEMENT. This Agreement, the attached Exhibits "A," "A-1," "A-2,"
"A-3," "B ""B-1," "B-2," "B-3,' "C " "D " "E,' "F ""F-1," "F-2," "G," "H," and "I," and
any addenda or amendments signed by the parties, shall constitute the entire
Agreement between CITY and COUNTY, and supersedes any other written or oral
agreement between them. This Agreement can only be modified in writing signed
by CITY and COUNTY.
(Remainder of Page Intentionally Left Blank)
-27-
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board
action on the day of 2008, and CITY, signing by and through its
Mayor, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County Administrator, as By
Ex-officio Clerk of the Broward County Mayor
Board of County Commissioners
Approved as to form by
Office of the County Attorney
for Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Insurance requirements Fort Lauderdale, Florida 33301
approved by Broward County Telephone: (954) 357-7600
Risk Management Division Telecopier: (954) 357-7641
By By
Darlene George Larry E. Lymas-Johnson
Risk Manager Deputy County Attorney
-28-
AGREEMENT BETWEEN BROWARD COUNTYANDTHE CITYOF DANIA BEACH FOR
LEASE OF REAL PROPERTY FOR PUBLIC LIBRARY AND DESIGN AND
CONSTRUCTION OF A LIBRARY FACILITY
CITY
WITNESSES: CITY OF DANIA BEACH
By
Signature Albert C. Jones, Mayor
_day of , 2008.
PrinVType Name
Signature
Print/Type Name
ATTEST:
By By
Louise Stilson, City Clerk Ivan Pato, City Manager
_day of 12008.
APPROVED AS TO FORM
By (SEAL)
Tom Ansbro, City Attorney
LEL:hb
LEVConstruction assignments/Rev Dania Beach Ubrary Agmt(8-18.20N LEL).doc
08-085.40
7FZKB
-29-
EXHIBIT A
(Attach copy of legal description of the City Hall Site.)
-30-
LEGAL DESCRIPTION—Dania Beach City Hall
That certain parcel of land designated as "PARK" bounded on the North by
Cocoanut Avenue; on the East by Copenhagen Avenue; on the South by Tivoli
Court and on the West by Dania Avenue; according to the original Plat of the
Town of Modelo, now Dania, as recorded in Plat Book B, Page 49, Dade County,
Records.
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No. 200909
ABSTRACT of TITLE
To
The.following described load tituah,
lying and being in Ir ward County,
Plorido:
PARCEL NO. 1:
That certain parcel of land designated as "PARK" bounded on the
North by Viking Court; on the Bast by Copenhagen Avenue; on the
South by Cocoanut Avenue and on the West by Dania Avenue,
according to the original plat of the Town of Modelo, now Dania,
as recorded in Plat Book B, Page 49, Dade County Records;
PARCEL NO. 2:
That certain parcel of land designated as "PARK" bounded on the
North by Cocoanut Avenue; on the Bast by Copenhagen Avenue; on
the South by Tivoli Court and on the West by Dania Avenue; according
to the original Plat of the Town of Modelo, now Dania, as recorded
in Plat Book B, Page 49, Dade County, Records.
LAUDERDALE ABSTRACT aad TITLE COMPANY
FORT LAUDERDALE, FLORIDA
THE TOWN Of MWSLO'
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EXHIBIT Aml
(Attach copy of legal description of 109 Park Property).
-31-
LEGAL DESCRIPTION- 109 Park Street
Lots 1 through 9 inclusive, in Block 21, Town of Modelo (now Dania) according
to the plat thereof, recorded in Plat Book B, Page 49 of the Public Records of Dade
County, Florida; said lands situate, lying and being in Broward County, Florida.
A-1
EXHIBIT A=2
(Attach copy of legal description of Park Street Property)
-32-
LEGAL DESCRIPTION—Vacated Park Street
S.W. Park Street, Formerly known as Tivoli Court, according to the Plat of TOWN
OF MODELO, as recorded in Plat Book B, Page 49, of the Public Records of Dade
County, Florida, described as follows: Commence at the Northeast corner of Block
21; Thence N 89 Degrees 58 Minutes 45 Seconds West along the North line of said
Block 21, 451.67 feet to the Northwest corner of said Block 21, coincident with the
East Right-of-way line of S.W. 3rd Avenue; Thence N 14 Degrees 35 Minutes 09
Seconds East along said East Right-of-way of S.W. 3rd Avenue, 41.33 feet to the
Southwest corner of the unnumbered Block labeled Park, lying North of said Block
21; Thence, S 89 Degrees 58 Minutes 38 Seconds East along the South line of the
unnumbered Block labeled Park, said line being 40 feet North of and parallel with
the North line of said Block 21, 441.25 feet to the Southeast corner of said
unnumbered Block labeled Park, coincident with the West Right-of-way line of
S.W. 1st Avenue; Thence S 0 Degrees 01 Minutes 05 Seconds East along said
West Right-of-way line of S.W. 1st Avenue, 40.00 feet to the Point of Beginning.
Said lands situate in Broward County, Florida.
A-2
EXHIBIT A=3
(Attach copy of sketch generally depicting the location of the Library Building and Parking)
-33-
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EXHIBIT B
GROUND LEASE
This GROUND LEASE (the "Lease"), made by and between: THE CITY OF DANIA
BEACH, a Florida municipal corporation (hereinafter referred to as LANDLORD); and
BROWARD COUNTY,a political subdivision of the State of Florida,by its Board of County
Commissioners (hereinafter referred to as TENANT). LANDLORD and TENANT shall
hereinafter be collectively referred to as the "parties."
W ITNESSETH:
WHEREAS, LANDLORD shall construct a new public library at 100 West Dania
Beach Boulevard in the City of Dania Beach, Florida, in accordance with that certain written
agreement entered into by the parties on or about the date of this Lease ("Interlocal
Agreement"), hereinafter referred to as the "Library Facility," as defined in the Interlocal
Agreement; and
In consideration of the mutual covenants hereinafter contained,it is hereby mutually
agreed by and between the Parties as follows:
1. DESCRIPTION, TERM AND RENT:
1.1 LANDLORD hereby leases unto TENANT approximately 10,000 square feet
of land, in a location to be mutually agreed upon, for construction of the
Library Facility at the address of 100 West Dania Beach Boulevard situate in
the City of Dania Beach, County of Broward, State of Florida, as generally
shown on Exhibit "A-3" hereto (the "Premises"), being a portion of the
LANDLORD's property known as "City Hall Property"for the term of ninety-
nine (99) years commencing on the date following delivery to TENANT of a
certificate of occupancy and terminating on the last day of the month
following the ninety-ninth pgth) anniversary of the start of this Lease
(hereinafter referred to as the "Term"), for the total rental of One Dollar
($1.00) and other good and valuable consideration of TENANT,the receipt
and sufficiency of which consideration LANDLORD acknowledges.
1.2. LANDLORD hereby grants TENANT the following rights appurtenant to the
lease of the Premises:
1.2.1 The right to use the roadways, parking areas, sidewalks, and
promenades in City Hall Property,in common with other users of City
Hall Property,for vehicular and pedestrian access to and egress from
the Premises and the parking areas,and the right to place signage on
the City Hall Property, subject to Landlord's approval, which will not
be unreasonably withheld or delayed.
-35-
1.2.2 The right to locate and maintain a dumpster,book drops,and signs,to
be maintained at TENANT's sole expense, as reasonably required for
the normal use of the Premises as a site of public library in such
locations as the parties shall mutually agree.
1.2.3 The Parking Spaces, as defined in the Interlocal Agreement, for the
patrons, staff, and service personnel of the Library Facility in parking
areas on the Real Property, as mutually agreed. Such parking shall
initially be located in surface lots until such time, if ever, as the City
constructs a planned parking garage on the City Hall Property and
provides an equivalent number of parking spaces therein to TENANT.
LANDLORD shall designate and enforce reserved parking for
TENANT's employees who work at the Library Facility to the same
extent that reserved parking is designated and enforced for
LANDLORD's officials and employees who work at the City Hall
Property. Such designated parking shall be located as close as is
practical to the Library Facility's employee entrance, subject to
applicable law and Code requirements.
1.2.4 The right to utilize portions of City Hall Property adjacent to the
Premises for the staging of construction equipment and supplies as
reasonably required for the construction, maintenance, repair, and
replacement of the Building (hereinafter defined) and other
improvements on Premises in such locations as the parties shall
mutually agree.
1.2.5 Easements upon, over, and across the City Hall Property for the
installation, maintenance, repair,and replacement of utility services to
the Premises in such locations as the parties shall mutually agree.
2. DEVELOPMENT, OPERATION, AND QUIET ENJOYMENT:
This Lease is entered into pursuant to the Interlocal Agreement between
LANDLORD and TENANT for development of a public library, and providing for the
construction by the LANDLORD of a public library building (the "Building") on the
Premises. TENANT shall develop and operate the Building during the term of this
Lease in accordance with the Interlocal Agreement; provided that TENANT may,
without penalty to TENANT,voluntarily discontinue using the Building and surrender
the Premises in good, neat, and orderly condition, including the Building, to the
LANDLORD. The Building and all additions, modifications, and alterations thereto
shall be the property of the TENANT during the term of this Lease.
LANDLORD shall in no way interfere with the reasonable use of the Premises by
any person claiming under TENANT, including without limitation, TENANT's
-36-
employees, patrons, licensees, invitees, and guests, and LANDLORD covenants
that TENANT shall not be disturbed by any act of the LANDLORD or any person
acting on behalf of or claiming under the LANDLORD.
3. USE OF PREMISES:
TENANT may use and occupy the Premises forthe operation of a Library Facility in
accordance with the Interlocal Agreement. TENANT covenants that no nuisance or
hazardous trade or occupation shall be permitted or carried on in or upon the
Premises.
4. UTILITIES AND OTHER SERVICES:
The cost of all utilities,garbage disposal, and other services voluntarily contracted
for or voluntarily obtained by TENANT with respect to the operation of the library
and the Building shall be paid by TENANT.
5. ALTERATIONS AND IMPROVEMENTS:
Unless otherwise prohibited by the terms of this Lease, TENANT may, at its own
expense, make such changes, alterations, additions, and improvements to the
Building as it may deem necessary or expedient in its operation. Any such changes
to the exterior of the Building,including paint color,shall be subject to the Landlord's
prior written consent, which shall not be unreasonably withheld or unduly delayed.
All alterations and improvements which are permanently affixed to the land shall be
the property of TENANT until such time as this Lease is terminated.
6. HOLD OVER BY TENANT:
TENANT may hold over and remain in possession of the Premises after the
expiration of this Lease which shall only operate to create a month-to-month
tenancy upon the same terms and conditions as are set forth in this Lease, which
may be terminated by either party at the end of any month upon thirty (30) days'
prior written notice by certified U.S. mail to the other. Double rent shall not be
charged under this section.
7. ASSIGNMENT OR SUBLETTING:
TENANT may assign or sublet all or portions of the Premises during the Term with
the approval of LANDLORD, which approval LANDLORD shall not unreasonably
delay or withhold, provided that the Premises continue to be used as a public
library. LANDLORD may require an assignee to sign an assignment agreement
wherein the assignee will assume the terms of this Lease. Should TENANT assign
this Lease, TENANT shall be relieved from all liability under the Lease; however,
-37-
should TENANT subleases the premises,TENANT will remain primarily liable under
the Lease in the event the Sublessee defaults.
8. SURRENDER UPON EXPIRATION:
TENANT agrees that upon expiration of the Term, it will, upon written notification by
certified U.S. mail,peaceably surrender and deliver the Premises to LANDLORD,its
agents or assigns. The parties acknowledge and reaffirm Section 15 of the
Interlocal Agreement that this Lease is not subject to cancellation or early
termination except as specified therein or in this Lease.
9. DEFAULT:
In the event that the Premises are not used for the public library purposes permitted
herein, or TENANT otherwise breaches any covenant of this Lease, LANDLORD
may give TENANT notice thereof,by certified U.S. mail,and if TENANT shall fail to
remedy such default within ninety (90) days after receipt of such notice, or if such
default is of a nature that it cannot be cured within ninety(90)days, if TENANT shall
not have taken action to commence to cure such default and is diligently pursuing
the same, LANDLORD shall have the right to specific performance and may recover
damages it incurs due to such default. Any alleged default as to whether the
Premises is properly being operated as a library, or uses customary, incidental or
ancillary thereto, shall not constitute a basis for termination or eviction unless
TENANT acknowledges it has permanently abandoned or ceased use of the Library
Facility as such.
10. CHANGE IN OWNERSHIP:
Should LANDLORD sell the Premises herein, it shall immediately,together with the
new owners,notify TENANT by certified U.S. mail,of the identity of the new owners.
Should either LANDLORD or the new owners fail to notify TENANT,TENANT shall
be entitled to treat LANDLORD as the property owner until such notice is received
from both LANDLORD and new owner.
11. DAMAGE TO PREMISES:
TENANT agrees that all property placed on the Premises shall be at the risk of
TENANT,and that TENANT shall be solely responsible forthe repair,maintenance,
and operation of the Building during the Term of this Lease.
12. FIRE OR OTHER CASUALTY:
If the Premises are rendered untenable by the elements or any other cause,or if the
Premises are destroyed by the elements or any other cause,or so nearly destroyed
as to require substantial rebuilding, TENANT shall have the option in its sole
-38-
discretion to rebuild the Premises or to terminate this Lease. In the event that
TENANT elects not to rebuild, this Lease shall cease and come to an end, and
TENANT shall have no further liability hereunder, and the Premises shall be
restored or returned to LANDLORD in a good, neat, and orderly condition.
13. EXTERIOR MAINTENANCE:
LANDLORD covenants to keep the grounds of the City Hall Property and the
grounds of the Premises in good, neat and orderly condition; but not the Building
itself. Exterior maintenance, including without limitation, the landscaping, cutting,
mulching, pruning and similar maintenance of all foliage; routine and non-routine
maintenance of irrigation systems, parking areas, common exterior areas, swale
areas within City Hall Property (including cleaning, painting, striping, paving, and
repairs)shall be done by LANDLORD, at its expense. If LANDLORD fails, within a
reasonable time after request, to make such repairs or provide such maintenance
then (a) LANDLORD shall be liable for any damages to property or loss thereby
sustained by TENANT, and (b) TENANT may have such repairs made at the
expense of LANDLORD, and LANDLORD shall reimburse TENANT upon
presentation of an invoice certified by TENANT detailing the repairs made and the
expense incurred.
14. WAIVER:
Failure of either party to insist upon strict performance of any covenant or condition
of this Lease, or to exercise any right or option herein contained, shall not be
construed as a waiver or relinquishment for the future of any such covenant,
condition or right of election; but the same shall remain in full force and effect.
None of the conditions, covenants,and provisions of this Lease shall be waived or
modified except by the Parties hereto in writing.
15. INSURANCE:
TENANT agrees that during the term hereof it will, at its expense, keep the
Premises insured against loss or damage by fire or other casualty, including
windstorm, together with extended coverage to the extent of replacement value
thereof, including plate glass insurance. The proceeds of such insurance shall be
payable to and belong to TENANT. However, should TENANT elect not to rebuild
under paragraph 12 above, TENANT shall expend such portion of the proceeds, if
paid by a private insurance company, as are necessary to demolish the Building
and restore the Premises to a cleared condition. Notwithstanding anything herein
contained to the contrary, TENANT may,at its option,self insure for damage by fire
or any other casualty and, if COUNTY elects not to re-build, COUNTY shall
demolish the building and restore the Premises to a cleared condition.
-39-
16. ENVIRONMENTAL CONTAMINATION:
LANDLORD represents and warrants to TENANT that as of the date of execution of
this Lease,neither LANDLORD, nor to the best of LANDLORD's knowledge has any
third party, used, produced, manufactured, stored, disposed of or discharged any
hazardous wastes or toxic substances in, under or about the Premises during the
time in which LANDLORD owned the Premises. TENANT covenants that it will not
use,produce, manufacture, store,dispose of or discharge any hazardouswastes or
toxic substances in, under or about the Premises (other than the normal and
customary petroleum products used in the operation of motor vehicles on the
Premises)during the term of this Lease.
17. RADON GAS:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risk to persons who are exposed
to it over time. Levels of radon that exceed Federal and State Guidelines have
been found in buildings in Florida. Additional information regarding radon and
radon testing may be obtained from the Public Health Unit of Broward County.
18. NOTICES:
Any notice or demand, which, under the terms of this Lease or by any statute or
ordinance, must or may be given or made by a Party hereto, shall be in writing and
shall be given by certified or registered U.S. mail sent to the other Party at the
address of its principal office herein mentioned, or to such other address as such
Party may from time to time designate by notice. Notice to TENANT shall be
addressed to:
County Administrator
Broward County Governmental Center, Room 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
With a copy to (copies shall not constitute notice):
Real Property Section
Broward County Governmental Center, Room 326
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
-40-
Notice to the LANDLORD shall be addressed to:
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to (copies shall not constitute notice):
City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
19. TERMS:
Every term of this Lease shall be deemed and construed to be of the essence
thereof, and any breach shall be deemed and construed to be the very substance of
this Lease.
20. SUCCESSORS: ASSIGNS:
This Lease shall inure to and be binding upon the successors and authorized
assigns of the Parties.
21, RIGHT TO MORTGAGE AND SELL:
LANDLORD may not encumberthe Premises by mortgage or mortgages without the
prior written consent of TENANT. LANDLORD may sell the Premises as set forth
herein;however,this Lease shall be expressly assumed by the person or entity that
buys the Premises from the LANDLORD. LANDLORD shall give the TENANT prior
written notice at least thirty(30)days before the sale of the Premises. Such notice
shall be given in the manner specified for notices under this Lease.
22. COPIES OF LEASE:
This Lease may be executed in multiple original copies,each copy of which,bearing
original signatures, is to have the force and effect of an original document.
23. PRIOR AGREEMENTS:
This document, together with the Interlocal Agreement and all exhibits thereto,
incorporates and includes all prior negotiations, correspondence, conversations,
-41-
agreements,and understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Lease that are not contained in this document,
or the Interlocal Agreement. Accordingly, the parties agree that no deviation from
the terms thereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained therein shall be effective unless
contained in a written document utilizing the same formalities as were used in the
execution of this Lease. In the event there is a conflict between the terms and
conditions of this Lease and the Interlocal Agreement the terms and conditions of
this Lease shall prevail.
24. APPLICABLE LAW AND VENUE:
This Lease shall be interpreted and construed in accordance with and governed by
the laws of the state of Florida. Venue for litigation concerning this Lease shall be
in Broward County, Florida.
25. CONDEMNATION:
TENANT reserves unto itself, and LANDLORD assigns to TENANT, all right to
compensation and damages accruing on account of any taking or condemnation of
all or any part of the Building and all other TENANT related improvements, or by
reason of any act of any public or quasi-public authority for which damages are
payable. LANDLORD agrees to execute such instruments or assignments as may
be required by TENANT, to join with TENANT in any petition for the recovery of
compensation and damages, if requested by TENANT,and to turn over to TENANT
any such compensation and damages that may be recovered in any such
proceeding. TENANT does not reserve unto itself, and LANDLORD does not
assign unto TENANT, any compensation or damages payable for the value of the
Premises alone, excluding the Building and the improvements to the Premises.
TENANT shall also retain all compensation and damages for any fixtures installed
by TENANT on the Premises at its cost and expense,whether or not the same are
part of the realty, or for any damages for interruption to the operation of the library.
26. EXECUTION AND RE-EXECUTION OBLIGATION:
In the event either party deems that it is necessary or advisable for the other to
execute or re-execute any document or documents to effectuate the terms of this
Lease, the party requested to do so shall execute or re-execute such document or
documents reasonably required by the other party. If there is a cost related to the
execution or re-execution required by this Section,the party requesting execution or
re-execution shall pay such costs. All requests for execution or re-execution of
documents or payment of costs shall be complied with within thirty(30) days of the
written request. A parry's failure to comply with the obligation hereunder shall
-42-
constitute a default and shall entitle the other party to the available remedies under
this Lease including, but not limited to specific performance or execution of such
document or documents on behalf of the defaulting party by a court-designated
representative.
27. INDEPENDENT CONTRACTOR:
LANDLORD is an independent contractor under this Lease. Services provided by
LANDLORD shall be subject to the supervision of LANDLORD, and such services
shall not be provided by LANDLORD or its agents as officers,employees,or agents
of the TENANT. Likewise, services provided by TENANT shall be subject to the
supervision of TENANT, and such services shall not be provided by TENANT or its
agents as officers, employees, or agents of the LANDLORD. In providing such
services, neither LANDLORD nor its agents shall act as officers, employees, or
agents of TENANT. This Agreement shall not create nor be deemed to create a
partnership or joint venture between the parties.
28. THIRD PARTY BENEFICIARIES:
Neither LANDLORD nor TENANT intends to directly or substantially benefit a third
party by this Lease. Therefore, the parties agree that there are no third party
beneficiaries to this Lease and that no third party shall be entitled to assert a claim
against either of them based upon this Lease. The parties expressly acknowledge
that it is not their intent to create any rights or obligations in any third person or
entity under this Lease.
29. COMPLIANCE WITH LAWS:
LANDLORD and TENANT shall comply with all federal,state,and local laws,codes,
ordinances, rules, and regulations in performing their respective duties,
responsibilities, and obligations related to this Lease.
30. SEVERANCE:
In the event this Lease or a portion of this Lease is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective.
31. JOINT PREPARATION:
Preparation of this Lease has been a joint effort of TENANT and LANDLORD and
the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than any other.
-43-
32. PRIORITY OF PROVISIONS:
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto,any document or events referred to herein,
or any document incorporated into this Lease by reference and a term, statement,
requirement, or provision of this Lease, the term, statement, requirement, or
provision contained in this Lease shall prevail and be given effect.
33. RECORDING:
A memorandum of this Lease in the form attached hereto as Exhibit "B" shall be
recorded in the public records of Broward County.
34. OTHER PROVISIONS:
Any additional provisions entered into any time after execution of this Lease shall
require approval of the parties by initialing at the bottom of any additional page(s),
which must be affixed to the Lease.
(Remainder of Page Intentionally Left Blank)
-44-
IN WITNESS WHEREOF, LANDLORD and TENANT have executed this Lease on
the dates hereinafter subscribed.
LANDLORD
WITNESSES: CITY OF DANIA BEACH, Florida, a municipal
corporation of the State of Florida,
By
Albert C. Jones, Mayor
day of 2008.
ATTEST: Approved by:
By By
Louise Stilson, City Clerk Ivan Pato, City Manager
_day of 2008.
Approved as to form and legality for the
use and reliance of the City of Dania Beach,
Florida, only.
By
Tom Ansbro, City Attorney
-45-
Ground Lease between the City of Dania Beach and Broward County.
TENANT
ATTEST: BROWARD COUNTY, through its
Board of County Commissioners
Broward County Administrator
Ex-officio Clerk of the Broward County By:
Board of County Commissioners Lois Wexler, Mayor
day of , 2008.
Approved as to form by
Office of the County Attorney
for Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By
Larry E. Lymas-Johnson
Deputy County Attorney
This Lease is subject to the approval of the Board of County Commissioners as a condition
precedent to its validity, which approval shall be evidenced by the signature of the Mayor
above.
LELthb
LEUConstruction assignments0ania Beach Library Agmt(Exh B Ground Lease).doc
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EXHIBIT C
_47 _
Access Agreement
RETURN TO:
Larry E. Lymas-Johnson, Esq.
Broward County Attorney's Office
115 South Andrews Avenue, Suite 423
Fort Lauderdale, FL 33301
(954) 357-7600
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (the "Agreement") is made this day of
, 2008, between the City of Dania Beach, a municipal corporation
organized and existing under the laws of the state of Florida, its successors and assigns,
hereinafter referred to as"CITY" having its principal place of business at 100 West Dania
Beach Boulevard, Dania Beach, Florida 33004,and Broward County,a political subdivision
of the state of Florida, its successors and assigns (the "COUNTY") with its principal
address at 115 South Andrews Ave., Fort Lauderdale, FL 33301.
WHEREAS, CITY is the owner of land in Dania Beach, Broward County, Florida,
more particularly described in composite Exhibit"A"of this Agreement(the"City Property");
and
WHEREAS, COUNTY is the owner of a building to be constructed on land in Dania
Beach, Broward County, more particularly described in Exhibit"A-3"of this Agreement(the
"Library Property"); and
WHEREAS, COUNTY and CITY have entered into an Interlocal Agreement for the
construction of the Library Facility (as defined in the Interlocal Agreement) and parking
areas, and a Ground Lease (the "Lease")for the Library Property; and
WHEREAS, the new library is or will be built upon the Library Property and
driveway, parking, and pedestrian ways have been or will be constructed and utility
services have been or will be extended within easements provided or to be provided by the
CITY, thereby reaching completion of the library project ("Project Completion"); and
WHEREAS, CITY wishes to grant COUNTY an easement for ingress and egress up,
over, and across City Property for the purposes of providing access from City Property to
parking areas for the Library Property for the term of the Lease.
NOW, THEREFORE, in consideration of the mutual agreements herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the CITY and the COUNTY hereby agree as follows:
- 48 -
1. Access
CITY hereby grants to COUNTY and any authorized successors in interest to the
Library Property, its tenants and their respective employees, patrons, licensees,
invitees, and guests, a non-exclusive easement of ingress and egress upon, over,
and across City Property to the Library Property, for the purposes of access and
parking and for loading and unloading, book-drops, signage, dumpster uses, and
maintenance, all as more fully provided in the Lease.
2. Additional Provisions
2.1 The Library Facility is to be used for library purposes and the COUNTY has
agreed to operate the Library Facility as part of the COUNTY's public library
system. In the event the COUNTY abandons the Library Property, or uses
the Library Property for uses not consistent with a public library, CITY may,
at CITY's sole option, give notice to the COUNTY, demanding the Library
Property be used for library purposes, and uses incidental thereto, only. If
COUNTY fails to discontinue the improper use and continue operation of a
public library,the CITY shall have the right to specific performance and may
recover damages it incurs due to such default. Any alleged default as to
whether the Library Facility is property being operated as a library, or uses
customary, incidental or ancillary thereto, shall not constitute a basis for
termination or eviction unless the County acknowledges it has permanently
abandoned or ceased use of the Library Facility as such.
2.2 NOTICES. Whenever either party desires to give notice to the other, such
notice must be in writing, sent by certified United States mail, postage
prepaid, return receipt requested, or by hand delivery with a request for a
written receipt of acknowledgment of delivery, addressed to the party for
whom it is intended at the place last specified. The place for giving notice
shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the
following:
FOR BROWARD COUNTY:
Broward County
Director of Libraries Division
100 South Andrews Avenue
Fort Lauderdale, Florida 33301
- 49 -
With an additional copy to (copies shall not constitute notice):
Real Property Section
Broward County Governmental Center, Room 326
115 S. Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With an additional copy to (copies shall not constitute notice):
City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
2.3 The easement granted by this instrument to COUNTY is for the benefit of
and shall be an appurtenance to the Library Property, and shall bind the
COUNTY and the CITY, and the permitted successors and assigns in
interest of either of them, for the term of the Lease. Such term shall be
memorialized in the Memorandum of Lease executed by the parties and
recorded in the public records of Broward County, Florida.
2.4 Rights under this instrument shall not be assignable, except as permitted in
the Lease.
2.5 COUNTY and CITY are agencies or political subdivisions as defined in
Section 768.28, Florida Statutes,and each agrees to be fully responsible for
acts and omissions of its agents or employees to the extent permitted by law.
Nothing herein is intended to serve as a waiver of sovereign immunity by any
party to which sovereign immunity may be applicable. Nothing herein shall
be construed as consent by a state agency or political subdivision of the
state of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract.
2.6 No modification, amendment or alteration of the terms or conditions
contained herein shall be effective unless contained in a written document
executed by the parties, with the same formality and of equal dignity of this
instrument.
- 50 -
2.7 Failure of either party to insist upon strict performance of any covenant or
condition of this Agreement, or to exercise any right herein contained, shall
not be construed as a waiver or relinquishment for the future of any such
covenant,condition or right;but the same shall remain in full force and effect.
None of the conditions, covenants or provisions of this Agreement shall be
waived or modified except by the parties hereto in writing.
2.8 Neither COUNTY nor CITY intends to directly or substantially benefit a third
party by this Agreement. Therefore,the parties agree that there are no third
party beneficiaries to this Agreement and that no third party shall be entitled
to assert a claim against either of them based upon this Agreement. The
parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Agreement.
2.9 The parties hereto shall not discriminate against any employee or participant
in the performance of the duties, responsibilities and obligations under this
Agreement because of race, age, religion color, gender identity and
expression, national origin, marital status, disability or sexual orientation.
3.0 EXECUTION AND RE-EXECUTION OBLIGATION. In the event either parry
deems that it is necessary or advisable for the other to execute or re-execute
any document or documents to effectuate the terms of this Agreement, the
parry requested to do so shall execute or re-execute such document or
documents reasonably required by the other party. If there is a cost related
to the execution or re-execution required by this Section,the party requesting
execution or re-execution shall pay such costs. All requests for execution or
re-execution of documents or payment of costs shall be complied with within
thirty (30) days of the written request. A party's failure to comply with the
obligation hereunder shall constitute a default and shall entitle the other party
to the available remedies under this Agreement including, but not limited to,
specific performance or execution of such document or documents on behalf
of the defaulting party by a court-designated representative.
(Remainder of this Page Intentionally Left Blank)
- 51 -
IN WITNESS WHEREOF,the parties hereto have made and executed this Access
Agreement: CITY, through its Mayor, who is duly authorized to execute same by
Commission action on the day of 2008, and BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS,signing by and through its
Mayor or Vice Mayor,who is authorized to execute same by Board action on the day
of 2008.
CITY
WITNESSES: CITY OF DANIA BEACH
By
Signature Albert C. Jones, Mayor
day of , 2008.
Print/Type Name
Signature
Print/Type Name
ATTEST:
By By
Louise Stilson, City Clerk Ivan Pato, City Manager
day of 2008.
APPROVED AS TO FORM
By (SEAL)
Tom Ansbro, City Attorney
- 52 -
ACCESS AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD
COUNTY FOR INGRESS AND EGRESS EASEMENTS TO LIBRARY PROPERTY TO BE
CONSTRUCTED ON LAND OWNED BY THE CITY OF DANIA BEACH
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County Administrator, as By
Ex-off icio Clerk of the Broward County Mayor
Board of County Commissioners
Approved as to form by
Office of the County Attorney
for Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954)357-7600
Telecopier: (954) 357-7641
By
Larry E. Lymas-Johnson,
Deputy County Attorney
-53 -
LEGAL DESCRIPTION—Dania Beach City Hall
That certain parcel of land designated as "PARK" bounded on the North by
Cocoanut Avenue; on the East by Copenhagen Avenue; on the South by Tivoli
original Plat of the
Court and on the West by Dania Avenue; according to the
Town of Modelo, now Dania, as recorded in Plat Book B, Page 49, Dade County,
Records.
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ABSTRACT of TITLE
To
The,following described land situate,
lying and Ming in Broward County,
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PARCEL NO, 1:
That certain parcel of land designated as "PARK" bounded on the
North by Viking Court; on the East by Copenhagen Avenue; on the
South by Cocoanut Avenue and on the West by Dania Avenue,
according to the original plat of the Town of Nodelo, now Dania,
as recorded in Plat Book B, Page 49, Dade County Records;
PARCEL NO. 2:
That certain parcel of land designated as "PARK" bounded on the
North by Cocoanut Avenue; on the East by Copenhagen Avenue; on
the South by Tivoli Court and on the West by Dania Avenue; according
to the original Plat of the Town of Nodelo, now Dania, as recorded
in Plat Book B, Page 49, Dade County, Records.
LAUDERDALE ABSTRACT and TITLE COMPANY
FORT LAUDERDALE, FLORIDA
THE TOWN OF•MODELO
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EXHIBIT D
Parking Lot Easement Agreement
RETURN TO:
Larry E. Lymas-Johnson, Esq.
Broward County Attorney's Office
115 South Andrews Avenue, Suite 423
Fort Lauderdale, FL 33301
(954) 357-7600
PARKING LOT EASEMENT AGREEMENT
THIS PARKING LOT EASEMENT AGREEMENT(this"Agreement")is made
and entered into this day of 12008,by and between BROWARD
COUNTY, a political subdivision of the state of Florida, its successors and assigns,through
its Board of County Commissioners, having an address at Broward County, Governmental
Center, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301 (hereinafter referred to
as the "GRANTEE"), and the City of Dania Beach, a Florida municipal corporation, its
successors and assigns, having an address at 100 West Dania Beach Boulevard, Dania
Beach, Florida 33004 (hereinafter referred to as the "GRANTOR").
RECITALS
1. GRANTOR owns fee simple title to certain real property located in Broward
County, Florida, as more particularly described in Composite Exhibit "A" of that certain
Interlocal Agreement hereinafter referred to as the "Property."
2. As part of the design and construction of the Library Facility(as defined below),
GRANTOR will install,construct, maintain,and repair parking lots,garages,or structures and
related improvements including, but not limited to, driveways, landscaping, lighting, and
sidewalks on the Property(collectively the"Parking Spaces").
3. GRANTOR has agreed to grant to GRANTEE a non-exclusive easement for
use of the Parking Spaces for the term of the Ground Lease (the "Lease") between the
parties.
NOW, THEREFORE, for and in consideration of the premises and the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto do hereby agree as follows:
- 55 -
1. Recitals. The parties acknowledge that the foregoing recitals are true and correct
and hereby incorporated into this Agreement as if fully set forth herein.
2. Intent. GRANTOR and GRANTEE are entering into this Agreement in
conjunction with the Lease and that certain Interlocal Agreement between the parties of
even date herewith (the "Interlocal Agreement") for the programming, design and
construction of a library (the " Library Facility") by the GRANTOR, as further described in
the Interlocal Agreement, to be operated by GRANTEE. it is the intent of the parties that
the Parking Spaces to be installed, constructed, operated, maintained, repaired and
replaced hereunder are to be used in conjunction with, and provide the required parking
and ingress and egress for the Library Facility. The parties acknowledge and agree that
the Parking Spaces for the purposes of and use by the Library Facility will be included, as
further described in the Interlocal Agreement.
3. Grant of Easement. Subject to the terms and conditions of this Agreement,
GRANTOR does hereby grant and convey to the GRANTEE and its licensees, agents,
independent contractors, successors and assigns, a non-exclusive easement in, over,
upon, across and through the Property for the purpose of vehicular and pedestrian ingress
and egress and vehicular parking. The foregoing easement rights are in addition to the
parking rights granted by GRANTOR to GRANTEE pursuant to that certain Lease between
the parties of even date herewith. In the event CITY constructs a parking garage on the
Property and provides vehicular parking therein in place of the surface parking herein
contemplated, or any other improvements on the Property that will not interfere with the
operation and use of the Library Facility for its intended purposes, the parties shall amend
this Agreement accordingly to provide to the COUNTY the number of Parking Spaces
required by this Agreement and the Interlocal Agreement.
4. Covenants Running with the Land. This Agreement,and the rights and interests
created herein shall run with the land and shall be binding upon and inuring to the benefit of
the parties hereto and their respective successors and assigns, for the term of the Lease.
5. Indemnification.
5.1. To the extent permitted by law and subject to the provisions and
monetary limitations of Section 768.28, Florida Statutes, as amended or superseded,
GRANTOR does hereby indemnify and hold harmless GRANTEE from and against any and
all liabilities, damages, claims, costs or expenses whatsoever (including reasonable
attorneys'fees and costs at both the trial and appellate levels) (collectively,"Claims' arising
from GRANTOR'S,and its licensees,agents, independent contractors exercise of their rights
under this Agreement, except to the extent of any Claims due to the acts or omissions of
GRANTEE and its licensees, agents and independent contractors.
5.2. To the extent permitted by law and subject to the provisions and
monetary limitations of Section 768.28, Florida Statutes, as amended or superseded,
GRANTEE does hereby indemnify and hold harmless GRANTOR from and against any and
-56 -
all Claims arising from GRANTEE's and its licensees, agents and independent contractors
exercise of their rights under this Agreement,except to the extent any Claims due to the acts
or omissions of GRANTOR and its licensees, agents and independent contractors.
6. Miscellaneous.
6.1. in the event it becomes necessary to enforce through litigation,any term
or condition of this Agreement,the prevailing party shall be entitled to recover from the non-
prevailing party all of its costs and reasonable attorneys'fees at all trial and appellate levels.
6.2. This Agreement shall be construed under the laws of the state of
Florida. GRANTEE shall,at GRANTEE's cost and expense, record this Agreement and any
amendments hereto in the Public Records of Broward County, Florida. This Agreement may
only be modified, supplemented or revised in writing signed by the parties, or their
successors or assigns, and any modification shall be effective only upon recordation in the
Public Records of Broward County, Florida.
6.3. Any notices required, permitted or desired to be given hereunder shall
be in writing, and shall be deemed delivered when on any business day delivery is made,
attempted, or refused,as indicated on the return receipt,if sent via overnight courier service
requiring receipt or by U.S. mail certified, return receipt requested, and addressed to the
parties at their respective addresses set forth below:
Broward County Governmental Center, Room 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
With copies to (copies shall not constitute notice):
Real Property Section
Broward County Governmental Center, Room 326
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Libraries Division
Director of Libraries Division
100 South Andrews Avenue
Fort Lauderdale, Florida 33301
Notice to the CITY shall be addressed to:
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
- 57 -
With a copy to (copies shall not constitute notice):
City Attorney
Thomas Ansbro
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
6.4. This Agreement is not intended nor shall it be construed to create any
third-party beneficiary rights as to any person who is not a parry hereto unless expressly
otherwise provided. No third party shall be entitled to assert a claim against either
GRANTOR or GRANTEE, or both, based upon this Agreement.
6.5. If any clause,sentence or other portion of this Agreement shall become
illegal, null or void for any reason,or shall be held by any court of competent jurisdiction to be
so, the remaining portions thereof shall remain in full force and effect.
6.6 In the event either party deems that it is necessary or advisable for the
other to execute or re-execute any document or documents to effectuate the terms of this
Agreement, the party requested to do so shall execute or re-execute such document or
documents reasonably required by the other party. If there is a cost related to the
execution or re-execution required by this Section, the party requesting execution or re-
execution shall pay such costs. All requests for execution or re-execution of documents
and payment of costs shall be complied with within thirty (30) days of the written request.
A party's failure to comply with the obligation hereunder shall constitute a default and shall
entitle the other party to the available remedies under this Agreement including, but not
limited to,specific performance or execution of such document or documents on behalf of
the defaulting party by a court-designated representative.
(Remainder of Page Intentionally Left Blank)
- 58 -
IN WITNESS WHEREOF,the parties hereto by their authorized representatives have
executed this Easement as of the date set forth hereinabove.
WITNESSES: GRANTEE:
ATTEST:
BROWARD COUNTY, by and through
its Board of County Commissioners
By
Broward County Administrator, as Mayor
Ex-officio Clerk of the Broward County
Board of County Commissioners _day of 2008.
Approved as to form by
Office of the County Attorney
for Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Insurance requirements Fort Lauderdale, Florida 33301
approved by Broward County Telephone: (954) 357-7600
Risk Management Division Telecopier: (954) 357-7641
By By
Larry E. Lymas-Johnson
Deputy County Attorney
_day of 120
-59 -
PARKING LOT EASEMENT AGREEMENT
Continued
GRANTOR:
WITNESSES: CITY OF DANIA BEACH
By
Signature Albert C. Jones, Mayor
_day of , 20
PrintfType Name
Signature
Print/Type Name
ATTEST:
By By
Louise Stilson, City Clerk Ivan Pato, City Manager
_day of 20_1
APPROVED AS TO FORM
By (SEAL)
Tom Ansbro, City Attorney
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this_day of ,2008,by
of the CITY OF DANIA BEACH,a municipal corporation of the State of
Florida,on behalf of such municipal corporation,who(check one)[ ]is personally known to me or[ ]
has produced a driver's license as identification.
NOTARY PUBLIC,State of Florida
- 60 -
My Commission Expires: Print Name:
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this_day of
2008, by , as Mayor of Broward County, by and through its Board of
County Commissioners, on behalf of Broward County, who (check one) [ ] is personally
known to me or[ ] has produced a driver's license as identification.
NOTARY PUBLIC, State of Florida
My Commission Expires: Print Name:
- 61 -
EXHIBIT E
WORK LETTER
FOR DESIGN AND CONSTRUCTION SERVICES
1.00 DEFINITIONS
1.01 Consultant: The Florida registered architect selected by the CITY to provide the
architectural, engineering,administrative, and other professional services pursuant to this
Work Letter. Consultant may be the Florida registered architect selected by the CITY as a
part of a design/build team, if such project delivery method is utilized by CITY.
1.02 Contract Administrator: The Director of COUNTY's Construction Management Division,
who is the representative of the Board of County Commissioners of Broward County,Florida
concerning the Project. In the administration of this Work Letter,as contrasted with matters
of policy, all parties may rely upon instructions or determinations made by the Contract
Administrator;provided, however,that such instructions and determinations do not change
the Work Letter or the terms of the Interlocal Agreement.The Contract Administrator may
assign a project manager to be responsible for the day-to-day conduct and management of
the project on the Contract Administrator's behalf.The Contract Administrator for this project
is:
Edmond M. Maurice, Director
Construction Management Division
Governmental Center, Room A550
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
1.03 Contractor: The Florida-certified General Contractor who enters into an agreement with
CITY to provide pre-construction, construction, and post-construction services for the
Project. Contractor may be selected by the CITY through a bidding process or through a
Consultant's Competitive Negotiations Act(CCNA)compliant selection/negotiation process
under which CITY would deliver the project utilizing Design/Build, Construction
Management, Construction Management At Risk, or other alternative project delivery
methodologies instead of a design-bid-build scenario.
1.04 Project Director:That person who is the representative of the CITY concerning the project.
In the administration of this Work Letter,as contrasted with matters of policy,all parties may
rely upon instructions or determinations made by the Project Director; provided, however,
that such instructions and determinations do not change the Work Letter or the terms of the
Interiocal Agreement.The Project Director may assign a project manager to be responsible
for the day-to-day conduct and management of the project on the Project Director's behalf.
The Project Director may also delegate various responsibilities of the CITY required by this
Work Letter to the Design and Construction Team;provided however,that CITY shall remain
responsible for CITY's responsibilities pursuant to this Work Letter.The Project Director for
this project is:
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Dominic F. Orlando, P.E.
Director of Public Services
100 West Dania Beach Boulevard
Dania Beach,FL 33004
1.05 Desian/Build Firm: The entity as may be selected by City to perform design/build
services pursuant to chapter 287.055 Florida Statutes.
1,06 Design Criteria Professional:The primary design professional registered to practice the
respective discipline under the laws of Florida,hired by or employed by the City pursuant to
Chapter 287.055 Florida Statutes,to prepare the Design/Build Design Criteria Package and
perform related professional duties assigned by the City during the execution of the Project,
in the event City elects to deliver project via a design/build method.
2.00 PROJECT DESCRIPTION, SITE,AND PROGRAM
2.01 The following paragraphs form a general description of the design and construction services
required for new facilities to be delivered by CITY to COUNTY.
2.02 Project Description:
Programming,design,and construction of the Library Facility to include, but not limited to,
site development(in possible conjunction with city's master plan),off-site improvements(if
any), utility systems, and lighted monument and building signage.
2.03 Project Site is located at:
100 West Dania Beach Boulevard
Dania Beach, FL 33004
2.04 Preliminary Building Program: A preliminary building program is attached to this
document as Attachment 3, Building Program. Requirements for the CONSULTANT's use
and modification of that generic program follow under Predesign Services as further
described below.
2.05 Design Criteria: The CITY, through its Project Director, and the COUNTY, through its
Contract Administrator, shall mutually agree in writing to the form and content of design
criteria for the major building systems, assemblies, materials, and construction quality
standards for the project and shall incorporate that design criteria Into the final building
program developed for the project. In the event that City elects a design/build delivery
method,City shall procure the services of a design-criteria professional and prepare design
criteria pursuant to Chapter 287.055 Florida Statutes.
3.00 BASIC SERVICES
3.01 The services listed below, in addition to those specified by the Interlocal Agreement, are
related to the specific project or other professional services as necessary to meet the needs
of COUNTY.
3.02 The listed services below shall not limit those activities or services that maybe requested by
the COUNTY and that may be required of CITY to design and construct the project.
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4.00 GENERAL REQUIREMENTS
4.01 The CITY agrees to: (A) Provide complete professional architectural, engineering,
construction and other professional services(such as,those of a designcriteria professional
pursuant to Chapter 287.055 Florida Statutes,in the event City elects a design/build delivery
method) set forth in the Phases enumerated hereinafter and all necessary personnel,
equipment, and materials to perform services. If a Consultant or Contractor has not been
selected for the project at execution of the Interlocal Agreement,Contract Administrator shall
be invited to participate as a voting member of any selection/negotiation process used bythe
City to select such Consultant or Contractor. Project Director shall provide Contract
Administrator with copies of Consultant's and Contractor's agreements with the CITY
(including but not limited to professional services agreements, pre-construction services
agreements, designibuild agreements and construction contracts) upon execution by the
parties to those agreements.
4.02 The Contract Administrator and the Project Director shall meet to develop a Project
Schedule (Attachment 1 provides a suggested format) which shall govern the design and
construction activities of the project not later than fifteen(15)days after the full execution of
the Interlocal Agreement and shall delineate projected time frames and key milestone dates
for all subsequent project phases and project events up to and including any warranties that
may be applicable to the eventual construction.
4.03 The Contract Administrator and the Project Director shall schedule and attend project review
and coordination meetings throughout the Project at intervals appropriate to the progress of
the project and as necessary to address project issues as they may arise. At each of these
meetings, the Contract Administrator and the Project Director shall review the Project's
budget (GMP), schedule, and scope along with the Project Director's development and
progress to date on the respective phases of the Project and any special problems related to
the continuing progress of the project. The Project Director shall provide progress
sketches,schedules,budget reports,schedule of values and other documents sufficient to
illustrate progress and the issues at hand for the Contract Administrator's review and
decision.
4.04 The Contract Administrator and the Project Director, Consultant, Contractor (and
representatives of each major subconsulting or subcontracting firm) shall attend a Design
Phase Kick-Off meeting and a Design Phase Debriefing meeting which will be scheduled by
the Project Director and Contract Administrator at the beginning and end of each of the
Project's design phases. The Design Phase Kick-Off meeting will provide a forum for the
entire project team to review project goals, continuing project issues, and review
performance expectations for the respective phase of the project. The Design Phase
Debriefing Meeting will provide a forum in which the entire project team can provide
feedback concerning team performance, communications,procedures,quality control and
other related issues for the current and future projects.
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4.05 The Project Director, Consultant, and Contractor shall attend periodic furnishings and
equipment coordination meetings as scheduled by the Contract Administrator during the
Project. These meetings will be scheduled to coordinate the provision of furniture and
equipment items by Contract Administrator with those design and construction activities of
CITY. Members of the COUNTY's using agencies will attend these meetings to coordinate
and communicate their functional requirements and preferences.
4.06 The Contract Administrator and the Project Director,Consultant,Contractor and the artist(s)
selected by the COUNTY shall attend periodic coordination meetings throughout the project
as scheduled by the Contract Administrator to address the incorporation of public art into the
facility. These meetings will focus on the nature of the proposed artwork,the opportunities
for Integrating artwork into an efficient,economical building design,coordination of building
systems and components with proposed artwork,coordination and documentation of artwork
within the construction contract documents,and the artists'involvement and responsibilities
during the design and construction process.
4.07 Project Director shall keep Contract Administrator informed of any proposed changes in
building functional criteria (building program) or in previously agreed upon construction
materials,systems or equipment as the project drawings and specifications are developed or
as construction progresses.Proposed changes must be reviewed and approved in writing by
Contract Administrator prior to incorporation into the design, construction documents or
construction.
4.08 The Project Director shall provide various documents further defined below in both hardcopy
and electronic media formats. The Contract Administrator's preferences for electronic media
submittals are contained in Attachment 2,Electronic Media Submittal Requirements. Project
Director shall submit requests for deviations from the electronic media submittal
requirements in advance for the Contract Administrator's consideration.
4.09 Contract Administrator shall retain documents, electronic media, and other materials
submitted by Project Director, except as otherwise noted herein.
4.10 The Project Director shall make complete document submittals at the various phases listed
below. Incomplete or partial submittals may be requested in advance through the Contract
Administrator and may be allowed only when the Project Director has received advance
approval in writing by the Contract Administrator. Incomplete or partial submittals made
without advance approval shall be returned to the Project Director un-reviewed and
unaccepted by the Contract Administrator.
4.11 The Project Director shall be responsible for all municipal, county,and other jurisdictional
agency coordination, submittals, fees and approvals required for the Project during all
project phases.
4.12 The Project Director shall document for the Contract Administrator the progress and
amounts owing to Consultant and Contractor based on Project Director's measurement of
design progress,submittals,observations at the site and on evaluations of the Consultant's
and Contractor's respective invoices or Applications for Payment. Project Director shall
certify such invoices or Applications for Payment in such amount to appropriately reflect the
Consultant or Contractor's actual progress to the date of their invoice or Application for
Payment submittal.The Project Director's certification shall represent that the Consultant's
and Contractor's progress and work products are in substantial accordance with their
agreements with the CITY and those design and construction standards jointly established
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by the Project Director and Contract Administrator. Copies of the Consultant's and
Contractors invoices or Applications for Payment bearing the Project Director's
certification(s) shall be attached to CITY's invoices as submitted to the Contract
Administrator by Project Director.The submitted copies of the Consultant's and Contractor's
invoices or Applications for Payment shall include documentation of their compliance with
COUNTY's Small Disadvantaged Business Enterprise(SDBE)Affirmative Action Program,
prevailing wage program,updated project schedules.Contractor's invoices or Applications
for Payment shall also include an updated schedule of values.
5,00 PREDESIGN PHASE
5.01 The Project Director shall confer with representatives of the Contract Administrator to verify,
confirm and finalize the scope of Programming Documents developed forthe project to date.
These activities shall include:
(A) Establishing a listing of Broward County, Using Agency and other representatives who
will be providing information or feedback to the Project Director during the programming
process. Include in this listing the Representative's name,title, organization, address,
phone, fax and e-mail address. Project Director shall periodically review, update and
distribute this list throughout this and subsequent Project phases.
(B) Establishing and verrfying a chain of responsibility or decision making in Broward
County's project and functional organizations for use in later decision making during the
programming process and subsequent design phases.
(C) Obtaining and mobilizing any facilities,consultants,or other specialists to provide
technical or functional information necessary to develop and refine the programming
documents.
The Contract Administrator shall reasonably cooperate with the Project Director to
accomplish the activities set forth above.
5.02 Stte Identification. Documentation, and Programming Services: The Project Director
shall assist In the Contract Administrator's understanding of the project site for the facilities
and improvements envisioned by the COUNTY. Timely for the Contract Administrators use
in analyzing the proposed project site(s)with COUNTY's facility needs,the Project Director
shall provide Contract Administrator with documentation, to the extent required and
applicable,in existence or hereafter obtained,of the proposed project site(s)comprised of:
(A) Copies of executed Environmental Reports as required for the project. Include air,
water, groundwater, wetlands, asbestos, PVC's and other HazMat conditions,
archaeologicaUcultural resources,wildlife and other natural resources.
(B) Documentation of vegetation characteristics of the site in the form of a Tree Survey
and other descriptive data.
(C) Documentation of critical adjacencies:
1) Neighboring Properties
2) Key"vicinity" improvements and resources
3) Roads and transportation network(including both vehicular and pedestrian
access)
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4) Other Pending Projects in neighborhood(Public and Private)
(D) Photographic Site Documentation including:
1) Still Photography(including site panoramas,aerial photographs,walking tour
documentation)
2) Photographs and written documentation, sketches, notes or reports to
confirm and record the general condition of the existing site with particular
attention to the following building/site elements as appropriate to the Project:
a. Power supplies, switch gear, breaker panels, and transformers.
b. Major components of existing HVAC systems including chillers, cooling
towers, air handling units, and primary ductwork runs.
c. Roofing, waterproofing, and building envelope systems.
d. Site drainage systems and water retention characteristics.
e. Site vegetation, appurtenances, existing site improvements, and access
points from adjacent streets.
f. Adjacent properties and those facing the project site across streets or
other roadways.
g. On site structures requiring demolition or other"unauthorized" use of the
site by third parties which require removal (or other disposition) prior to
commencement of work on the Site.
(E) Preliminary Municipal Research and Coordination including identification of the
approvals process and the participating agencies for:
t) Preliminary Zoning Requirements
2) Site Plan Approval Process
3) Preliminary Building Code Requirements
4) Building Department Process
5) Permitting Requirements
6) Other Agency Coordination
5.03 The Project Director shall provide an in-depth review and confirmation of the preliminary
architectural program attached to this Work Letter as Attachment 3. Project Director's
services shall culminate in Project Director's submittal to the Contract Administrator of a
comprehensive programming document comprised of both electronic and hardcopy formats
edited to include the design goals and criteria for both the building and the project's specific
site.
5.04 The Project Director shall conduct a series of interviews, facilitated by the Contract
Administrator, with the responsible COUNTY using agency and other building users.
Through these interviews, observations and other Independent research, Project Director
shall verify space requirements and program goals presented in the preliminary architectural
program. Project Director shall refine the preliminary program to reflect the results of that
verification and shall provide a finalized, detailed set of goals and requirements for the
Project including design objectives, limitations and criteria; spatial and functional
relationships; functional responsibilities of personnel;flexibility and expandability; special
equipment and systems;and specific criteria related to the project's specific site location.
5.05 The Project Director shall verify,confirm and modify(as needed)the preliminary program's
description of occupancy needs and spatial allocation by coordinating with COUNTY Staff
(including building user groups and others as necessary). Include all space and flow
diagrams,diagrammatic studies and descriptive text for:internal functions;human,vehicular
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and material flow patterns; site requirements; general space allocations; adjacency and
material handling.
5.06 The Project Director shall develop the program's project specific description of site
development criteria, building configuration, construction, and material standards by:
(A) Listing required or optional provisions for phased construction and future additions.
(B) Identifying property building line limitations to estimate ground level building areas.
(C) Listing required or optional provisions for phased construction and future additions.
(D) Verifying and documenting site zoning or other restrictions such as building heights,
setbacks, etc.
(E) Identifying orientation considerations for solar,views, street access, etc.
(F) Identifying options of numbers of building stories and total height based on
estimated floor plan areas and overall occupancy.
(G) Estimating size(s)of core area(s) required for:
1) Mechanical services
2) Electrical services
3) Restrooms
4) Telecommunications/Computer Server Rooms
5) Building Service Spaces
(H) Estimating and documenting structural spans required to-suit room spatial needs.
(1) Identifying options of building configuration based on functions, occupancies, site
limitations, orientation, height, spans, and structural system.
(J) Identifying and documenting building cladding and fenestration suited to construction,
structural, functional, and cost considerations.
(K) Identifying and documenting interior partitioning,flooring,and ceiling systems suited to
construction, structural,functional, and cost considerations.
(L) Identifying and documenting any"Contract Administrator Preferences"for interior and
exterior construction types, space planning, site planning, space functionalities,
building systems and assemblies, room types, building envelopes,and maintenance
and operational considerations.
(M) Identifying and documenting any neighborhood, sociological or demographic
influences that will impact the facilities design and operation.
(N) Identifying and documenting goals for integrating public art into the project.
(0) Documenting physical characteristics of the project site in the form of updated current
surveys, soil borings, geotechnical studies, and other documentation necessary to
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communicate the condition and configuration of the site and any constraints that site
may pose to design and construction of the Contract Administrator's desired facilities.
5.07 The Project Director shall analyze and document jurisdictional requirements related to
concurrency or other regional/urban planning issues and provide that documentation to the
Contract Administrator.
5.08 The Project Director shall research and document all codes, laws, rules, regulations, and
ordinances pertaining to the property,building type and probable building design established
by other programming tasks and provides that documentation to the Contract Administrator.
5.09 The Project Director shall provide Contract Administrator with written cost estimates for the
Project and budgeting services based on the programming tasks listed above and consisting
of:conversion of programmed requirements to net area requirements;development of initial
approximate gross facility areas; evaluation of current construction market conditions;
application of unit cost data to gross area; estimates of related costs such as site
development, landscaping, utilities, phasing and other services. Additionally, the Project
Director shall:
(A) Reconcile the architectural program with the COUNTY's budget.
(B) Advise the Contract Administrator if budget and program are not compatible.
5.10 The Project Director shall confer with the Contract Administrator to confirm or develop
recommendations concerning CITY's construction delivery methods (design-bid-build,
design/build, construction management(CM), CM at Risk, fast-track,phased project, etc.)
and the related bidding and selection processes necessary to select the construction
delivery agent (Contractor, Construction Manager, etc.).
5.11 The Project Director shall submit ten(10)copies of all documents required under this Phase
(except where otherwise specified)for approval by the Contract Administrator.The Contract
Administrator shall review submitted documents and provide written review comments to the
Project Director. The Project Director shall modify and resubmit documents to Contract
Administrator until approved (if not initially satisfactory to the Contract Administrator)within
14 consecutive calendar days from the receipt of Contract Administrator's review comments.
5.12 In addition to the required hard copy documents described above,the Project Director shall
submit the final Contract Administrator approved programming documents on electronic
media conforming to the Contract Administrator's Electronic Media Submittal Requirements
(Attachment 2). The electronic media submittal shall include all text, drawings,
spreadsheets, exhibits, diagrams, charts, photographs, presentation materials and other
media used to prepare the program and present it to the Contract Administrator.Hard copy
original archival documents that are unavailable in electronic media formats may be
photographed or scanned and saved in TIFF,JPEG or other suitable electronic formats.
5.13 The Project Director shall not proceed with the next Phase until the completion of all
required presentations and reports, reconciliation or correction of all outstanding Contract
Administrator review comments. Having satisfactorily completed the aforementioned, the
Project Director shall issue a written Notice to Proceed with the next phase.
5.14 The Project Director shall provide presentations of the project's Program to the COUNTY's
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staff, using agencies or groups, the public and to the Broward County Board of County
Commissioners as required by the Contract Administrator.
6.00 PHASE I-SCHEMATIC DESIGN
6.01 The Project Director shall issue a written Notice to Proceed (NTP)with Schematic Design,
Project Director shall confer with representatives of the Contract Administrator to verify and
confirm the Program(as appropriate to the type of project),consisting of a detailed listing of
all functions and spaces together with the square footage of each assignable space,gross
square footage, and a description of the relationships between and among the principal
programmatic elements.
6.02 The Project Director shall present a minimum of three(3)alternative design solutions to the
Contract Administrator to illustrate optional creative responses to the building program and
integration of the Library Facility's design into the CITY's masterplan for the site and its
adjacent parcels. The Contract Administrator will convene a schematic design review
conference at which the Project Director and Consultant shall review with the Contract
Administrator(and using agency and other concerned parties)these alternative solutions.
Alternative approaches should address both design and construction of the project;site use
and improvements; selections of materials, building systems and equipment; potential
construction methods and methods of project delivery; and the Project Director's
recommendations concerning the presented alternatives.The Contract Administrator shall
identify a preferred design solution (or a hybrid composed of elements of the presented
solutions) which shall then form the basis of the Project Director's continuing work on the
project and the primary content of the Design Concept and Schematics Report further
described below.
6.03 The Project Director shall prepare, submit, and present for approval by the Contract
Administrator a Design Concept and Schematics Report, comprised of the Schematic
Design Documents listed below including an identification of any special requirement(s)
affecting the Project:
(A) Project Director's letter of transmittal.
(B) "Space Chart Form" formatted to list all spaces within the project by room number,
room title,and net square foot area. The Space Chart Form must also include a listing
of the project's total net square foot area, total gross square foot area, and an
efficiency percentage derived from the ratio of total net to total gross square foot
areas. Note any deviations from Contract Administrator approved programmatic
documents for the Project.
(C) Concept Drawings. These documents shall be schematic drawings responding to the
predesign documentation and building program requirements illustrating the general
scope,scale,and relationship of project components. These drawings shall include a
site plan, floor plans, life-safety plans, an ADA Plan (delineating the initial decisions
concerning compliance with the Florida Accessibility Code for Building Construction
(1997 edition or later)),building sections and elevations,landscape concept drawings,
and concept drawings from the other participating design disciplines such as
structural, mechanical, electrical engineering.
(D) Preliminary graphics,concept sketches,and other supplementary materials suggesting
proposed locations for integrated public art,thematic design treatments forchildren's
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areas,youth services areas,or other special spaces which have been programmed for
special or thematic design content (including theme oriented furnishings, graphics,
signage,finish materials and other"special"construction such as entryway treatments,
etc.).
(E) A Preliminary Project Description comprised of a narrative discussion of preliminary
material selections, components, assemblies, and systems (including proposed
landscape,civil,structural, mechanical,and electrical design elements, components
and systems).
(F) Project Schedule:The Project Director shall prepare an updated Project Schedule that
shall show activities including but not limited to Project Director efforts, design
activities, bidding and negotiation activities, construction activities and Contract
Administrator (and other municipal/agency) reviews and approvals required to
complete the design and construction services.
(G) The Statement of Probable Construction Cost: The Project Director shall submit to
Contract Administrator a schematic design phase estimate of probable construction
cost itemized by major categories and projected to the expected time of bid. Project
Director shall ensure that the proposed design solution and construction activities
remain within the available budget for the Project. Project Director shall provide
Contract Administrator with recommendations for maintaining the project within the
available budget and Project Director and Contract Administrator shall mutually adjust
either:project scope,schedule or budget to ensure the constructability of the project
within the limits of the funds available.
6.04 The Project Director shall submit five copies of all documents required under this Phase
(except where otherwise specified),without additional charge,for approval by the Contract
Administrator. The Contract Administrator shall review submitted documents and provide
written review comments to the Project Director. The Project Director shall modify and
resubmit to Contract Administrator until approved (if not initially satisfactory to the Contract
Administrator)within fourteen (14)consecutive calendar days from the receipt of Contract
Administrator's review comments such documents and drawings as required to fulfill the
submittal requirements for this project phase as listed in the paragraphs above.
6.05 The Project Director shall provide presentations of the Schematic Design to the COUNTY's
staff,the public and to the Broward County Board of County Commissioners as required by
the Contract Administrator.
7.00 PHASE 11-DESIGN DEVELOPMENT
7.01 Project Director shall issue a written Notice to Proceed based on the approved Schematic
Design Documents and any adjustments authorized by the Contract Administrator in the
Project Scope or Project Budget (GMP), the Project Director shall prepare, submit, and
present for approval by the Contract Administrator,Design Development Phase documents
suitable to communicate the project's progressing development. These documents shall
include:
(A) Project Directors letter of transmittal.
(B) Design Development Drawings and Outline Specification Documents.
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(C) An updated Project cost estimate. Project Director shall ensure that the proposed
design solution and construction activities remain within the available budget for the
Project.Project Director shall provide Contract Administrator with recommendations for
maintaining the project within the available budget and Project Director and Contract
Administrator shall mutually adjust either:project scope,schedule or budget to ensure
the constructability,of the project within the limits of the funds available.
(D) An updated Project Schedule reflecting development and anticipated schedules for all
subsequent project activities.
(E) A letter from the Project Director and each of the Consultant's major technical
disciplines explaining how each previous review comment (as generated by the
Contract Administrator or other reviewing agencies)concerning the project have been
addressed and corrected.
(F) Preliminary colorboards and interior design sketch perspectives to communicate
spatial relationships, material types, and color selections for all finish materials as
selected and provided by the Contract Administrator. Provide single copies of
preliminary colorboards.
7.02 Staff from each of the Project Director's Consultant and its major technical disciplines shall
attend coordination, review, and presentation meetings with the Contract Administrator to
explain the design development submittal and technical resolution of their respective
building or site systems.
7.03 The Project Director shall submit five copies of all documents required under this Phase
(except where otherwise specified),without additional charge,for approval by the Contract
Administrator. The Contract Administrator shall review submitted documents and provide
written review comments to the Project Director. The Project Director shall modify and
resubmit to Contract Administrator until approved(if not initially satisfactory to the Contract
Administrator)within fourteen (14)consecutive calendar days from the receipt of Contract
Administrator's review comments such documents and drawings as required to fulfill the
submittal requirements for this project phase as listed in the paragraphs above.
8.00 PHASE III-CONSTRUCTION DOCUMENTS DEVELOPMENT
8.01 Project Director shall issue a written Notice to Proceed based on the approved Design
Development Phase documents and any adjustments in the scope or quality of the project or
in the Guaranteed Maximum Price authorized by the Contract Administrator, the Project
Director shall prepare for approval by Contract Administrator Construction Documents
setting forth in detail the requirements for the construction of the Project. The Project
Director is responsible for the full compliance of the design with all applicable codes and for
other jurisdictional reviews,procedures,fees,licenses and other administrative requirements
required by state, county, municipal or other agencies with jurisdictional authority over the
project or some element thereof.
8.02 Renderings: Thirty (30)days after receipt of the Notice to Proceed with the Construction
Documents Phase, the Project Director shall submit several simple studies of proposed
perspective drawings for the Project, indicating suggestions for angles of view and general
composition of a rendering. Upon approval of a perspective format, the Project Director
shall execute and submit,with the 100%Construction Documents:
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(A) One (1) 20"x 30" matted, framed and glassed color perspective rendering(s) of the
Project.
(B) Five(5)smaller 10"x 15"framed color photographic copies of the original rendering(s).
(Color Xerox copies are not acceptable.)
(C) One (1) original and nine (9) duplicate 35 mm color photographic slides mounted in
standard cardboard sleeves.
(D) Digital images of the renderings provided in tiff or jpeg format suitable for electronic
document production and for clear publication on the World Wide Web.
8.03 50% Construction Documents Submittal: The Project Director shall make a 50%
Construction Documents submittal,for approval by the Contract Administrator,which shall
include five (5) sets of the following:
(A) Project Director's letter of transmittal.
(B) Florida Energy Efficiency Code for Building Construction (FEEC) compliance forms.
Submit copies signed and sealed by a State of Florida registered design professional
with 50% Contract Documents submittal.
(C) Drawings and specifications reflecting a 50% construction documents level of
completion from each participating design discipline.
(D) An updated Project cost estimate. Project Director shall ensure that the proposed
design solution and construction activities remain within the available budget for the
Project. Project Director shall provide Contract Administrator with recommendations for
maintaining the project within the available budget and Project Director and Contract
Administrator shall mutually adjust either:project scope,schedule or budget to ensure
the oonstructability of the project within the limits of the funds available.
(E) An updated Project Schedule reflecting development and anticipated schedules forall
subsequent project activities.
(F) A letter from the Project Director and each of the Consultant's major technical
disciplines explaining how each previous review comment (as generated by the
Contract Administrator or other reviewing agencies)concerning the projecthave been
addressed and corrected.
(G) Colorboards illustrating furniture selections and the selection of colors, finishes,
textures,and aesthetic qualities of all finish materials for final review and approval by
the Contract Administrator and to establish a final palette of material selections for
development of subsequent specifications, schedules, and other requirements for
incorporation into the Contract Documents.
(H) For any"in-contract" loose furniture, provide specifications including:
(A) Manufacturer's Information
(B) Vendor State and Local Contract Listings
(C) Vendor Information
(D) Quantities
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(E) Item numbers keying specifications to Furniture Floor Plans
(F) Manufacturer's Model Numbers
(G) Description, size, finishes and other information required to order furniture.
(H) Installation General Notes
8.04 The Contract Administrator and Project Director shall mutually review the 50%Construction
Document submittal and Project Director shall make all changes to the documents as
mutually established by this review of the documents and resolve all questions of
constructability, code compliance, compliance with Contract Administrator's design and
construction standards,or other issues raised by the Contract Administrator during its review
of the documents. The Contract Administrator will retain the documents submitted at this
phase.
9.00 100%CONSTRUCTION DOCUMENTS SUBMITTAL
9.01 Upon one hundred percent(100%)completion of the Construction Documents,the Project
Director shall submit to the Contract Administrator five (5) copies of check sets of the
Drawings, Specifications, up-dated Project Schedule, up-dated Statement of Probable
Construction Cost(Cost Estimate)and such other documents as reasonably required bythe
Contract Administrator. The Contract Administrator shall coordinate project specific
requirements with other participating County review agencies (Small Disadvantaged
Business Enterprise (SDBE) Office, Risk Management Division, County Attorney,Cultural
Affairs Division, and others as yet undetermined).
9.02 All documents for this phase shall be provided in both hard copy and in electronic media.
(A) "Project Transmittal Form"as required by the County's Construction Management
Division.
(B) General Requirements:
1. Record Set. This submittal is the official record set and shall be the bid
documents.
2. Signed and Sealed/Statements of Compliance: Only complete documents,
properly signed and sealed bythe Consultant and respective Subconsultants,will
be accepted for review;in addition,these documents shall contain a statement of
compliance by the architect or engineer of record that "To the best of my
knowledge these drawings and the project manual are complete, and comply
with the Florida Building Code."
3. When requested by the Contract Administrator, engineering calculations for
mechanical,electrical,and structural systems shall be submitted separatelyfrom
drawings and the project manual.
4. Changes to the Contract Documents may be made by resubmia of documents
graphically indicating the changes. Submittals of modified documents shall be
signed and sealed by the design professionals and submitted to the Contract
Administrator in duplicate as they occur during the construction process.
Documents resubmitted shall bear the appropriate signatures and seals.
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9.03 The Project Director shall make all required changes or additions and resolve all
questions on the documents. The 100%complete Check Set shall be returned to the
Contract Administrator. Upon final approval by the Contract Administrator,the Project
Director shall furnish three (3) record copies, duly signed, and sealed by the Florida
registered design professionals responsible for their preparation, of all Drawings,
Specifications and other documents required during this project phase to the Contract
Administrator without additional charge.
9.04 The Project Director shall file the required documents for approval by governmental
authorities having jurisdiction over the Project(including Broward County and CITY and
their constituent departments,the South Florida Water Management District,and other
state, local or federal agencies with jurisdictional authority over some aspect of the
Project)and obtain certifications of"permit approval"by reviewing authorities prior to the
commencement of Phase V and early enough to ensure that the Contractor is not
delayed by permit processing by Broward County, a municipality or other jurisdictional
agency. The Project Director,Consultant(and pertinent Subconsuftants)and Contractor
(as applicable) shall provide the original documents or reproducible copies as may be
required for submittal to any and all governmental authorities.
A. The Contract Administrator, Project Director,Consultant, Contractor(and pertinent
Subconsultants and Subcontractors)shall attend and provide representation at all
review meetings, workshops, hearings, and Commission/Council meetings
concerning the project as conducted by other jurisdictional agencies. The Project
Director shall submit documents, attend meetings and provide other support as
necessary to fully participate in any submittals, resubmittals, review meetings,
presentations or negotiations required to obtain jurisdictional approval for the
project.
B. Any changes to the project drawings or project manual or other supporting
document made necessary by jurisdictional reviews shall be made by the Project
Director and Consultant (and pertinent Subconsultants)at no additional cost to the
COUNTY.
9.05 Staff representing the Project Director and Consultant (including Consultant's major
technical disciplines and Subconsultants as necessary)shall attend coordination,review
and presentation meetings with the Contract Administrator to explain the development of
the design concept and technical resolution of their respective building or site systems
for both the Phase III 50%and Phase III (100%)Submittals.
9.06 The Contract Administrator's review and approval of the drawings, specifications,
calculations and other construction documents shall not relieve the Project Director of
any responsibility for their accuracy, adequacy, and completeness.
9.07 The Project Director shall provide Contract Administrator with two (2) reproducible
copies and five(5)prints of the final construction documents,including all drawings and
specifications incorporating all modifications made necessary by jurisdictional
authorities.
10:00 Phase IV—Bidding and Negotiations
10.01 Project Director shall coordinate any Contractor bidding and any negotiations with
Contract Administrator. Contract Administrator shall be invited to participate in any
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negotiations meeting(s),bid evaluations,or other Contractor selection activities pursuant
to the construction of the Library Facility.
10.02 Project Director shall ensure that the bid amounts, Guaranteed Maximum Price (GMP)
(or other costs associated with construction contracts)in combination with all other total
project costs remain within the available budget for the Project. Project Director shall
provide Contract Administrator with recommendations for maintaining the project within
the available budget and Project Director and Contract Administrator shall mutually
adjust a combination of the project scope, schedule or budget to ensure the
constructability of the project within the limits of the funds available.
11.00 Phase V-Administration of the Construction Contract:
11.01 The Construction Phase will begin with the Project Director's issuing of a Notice to
Proceed with Construction and will end when the Contractor's final Payment Certificate is
approved by the COUNTY(or Contract Administrator as designee). During this period,
the Project Director and Consultant shall provide Administration of the Construction
Contract as set forth in the construction contract documents(hereafter referred to and
defined as the "Contract Documents") between the CITY and the Contractor.
11.02 The Project Director, as the representative of the CITY during the Construction Phase,
shall advise and consult with the Contract Administrator and shall have authority to act
on behalf of the Contract Administrator within the limits established by the Interlocal
Agreement and the Contract Documents. The Contractor and Consultant shall
contemporaneously provide Contract Administrator with faxed copies of all
communications between Project Director and others concerning matters material to the
cost,time,sequence,scope,performance or requirements of the project. Documents or
materials which cannot be faxed to the Contract Administrator shall be delivered to the
Contract Administrator within twenty-four (24) hours of receipt or generation by the
Project Director, Consultant, and Contractor.
11.03 The Project Director,Consultant, and Contractor(and their respective Subconsultants
and Subcontractors) shall attend all key construction events as necessary to ascertain
the progress of the Project and to determine in general if the Work is proceeding in
accordance with the Contract Documents and the Project Schedule. A minimum of at
least one site visit per week will be required of the Project Director and Consultant. In
addition to the required weekly site visit,the Project Director and Consultant shall make
additional site visits as required to ascertain the progress and quality of the Contractor's
installation or construction of key building systems,assemblies and components,attend
pre-installation conferences and other site meetings as established by the Contract
Documents, and to assist the Contract Administrator as requested in other on-site
related administration of the Contract.
(A) The Project Director and Consultant shall visit the site at least once per week on an
ongoing periodic basis to become familiar with the progress and quality of the Work
and to determine if the Work is proceeding in accordance with the Contract
Documents and Project Schedule. The Project Director shall coordinate the timing
of these visits with the Contract Administrator's Representative so as to permitjoint
observations of the progress of the Work and discussions about Project issues.On
the basis of on-site observations, the Project Director shall keep Contract
Administrator informed of the progress and quality of the Work. The Project
Director shall promptly submit to Contract Administrator a detailed written report of
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the results of each visit to the site,and copies of all field reports,photographs and
notes of meetings with Contractor, Subcontractors of any tier or suppliers.
(B) The Project Director shall, based upon its on-site visits, promptly report to the
Contract Administrator any defects and deficiencies in the Work coming to the
attention of CITY and shall endeavor to guard the COUNTY against defects and
deficiencies in the Work. This obligation is not reduced or limited by the fact that
others,such as the County's staff,are undertaking inspection for or on behalf of the
COUNTY. The Project Director shall make on-site observations utilizing the same
personnel over the course of the Work and shall, I requested by the Contract
Administrator,replace personnel whom the Contract Administrator has found to be
incompetent or to whom the Contract Administrator otherwise reasonably objects.
11.04 The Project Director and Contract Administrator shall at all time have access to the Work
where ever it is in preparation or progress. The Project Director shall review and advise
the Contract Administrator as to whether the Contractor is making timely,accurate,and
complete notations on the"Project Record Documents"and maintaining various other
administrative records as required by the Contract Documents. In addition the Contract
Administrator may at its discretion require the Project Director to regularly submit
additional written materials or forms to the Contract Administrator relating to or regarding
the Project or its progress.
11.05 The Project Director shall document for the Contract Administrator the amounts owing to
Contractor based on Project Director's observations at the site and on evaluations of
Contractor's Applications for Payment. Project Director shall certify Certificates for
Payment in such amounts as provided in the Contract Documents.The certification of a
Certificate for Payment shall constitute a representation by Project Director to the
Contract Administrator, based on Project Director's observations at the site and on the
data comprising Contractor's Application for Payment,that the Work has progressed to
the point indicated; that the quality of the Work is in substantial accordance with the
contract documents (subject to an evaluation of the Work for substantial conformance
with the Contract Documents upon substantial completion, to the results of any
subsequent tests required by or performed under the Contract Documents, to minor
deviations from the Contract Documents correctable prior to completion, and to any
specific qualifications stated in the Certificate for Payment); and that Contractor is
entitled to payment in the amount certified. Copies of Project Director's certifications
shall be attached to CITY's invoices submitted to the Contract Administrator by Project
Director.
11.06 All interpretations and advisory decisions of the Project Director shall be consistent with
the intent of and reasonably inferable from, the Contract Documents and shall be in
writing or in the form of drawings. In the capacity of interpreter the Project Director shall
endeavor to secure faithful performance by the Contract Administrator,Consultant and
Contractor, and shall not show partiality to either.
11.07 The Project Director shall have authority to recommend rejection of Work which does not
conform to the Contract Documents.The Project Director shall not have authority to stop
the Work without approval of the Contract Administrator. Whenever, in the Project .
Director or Contract Administrator's reasonable opinion, it is necessary or advisable for
the implementation of the intent of the Contract Documents, Project Director or Contract
Administrator may recommend special inspection or testing of the Work in accordance
with the provisions of the Contract Documents,whether or not such Work be then
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fabricated, installed or completed, but Project Director shall take such action only after
consultation with the Contract Administrator. Project Director shall furnish all such tests
inspections and reports that are required by law or by the Contract Documents or that it
has previously approved in writing. Contract Administrator shall be responsible for
paying only for those tests,inspections,and reports requested by Contract Administrator.
11.08 The Project Director and Consultant shall promptly review, and take other appropriate
action upon Contractor's submittals such as shop drawings,product data and samples,
but only for conformance with the design concept of the Contract Documents. Such
action shall be taken within fifteen (15) days of receipt by Project Director unless the
Contract Administrator and Project Director otherwise mutually agree. Project Director
shall maintain a log of all submittals made and shall compare the submittals with
Contractor's progress schedule. The Project Director shall not approve changes to the
contract or substitutions through the regular submittal process but will utilize those
respective methods specified in the Contract Documents.
11.09 The Project Director shall coordinate with the Contract Administrator concerning the
county,city or other jurisdictional authority s required review of Change Orders for Code
Compliance. The Project Director shall:
(A) Meet with the Contract Administrator and applicable jurisdictional agencies prior to
the preparation of change order items to ensure that proposed changes complywith
applicable codes.
(B) Reconcile the Project Director's analysis of proposed Change Order amounts with
an analysis provided by the independent cost estimator and provide the Contract
Administrator with a recommendation concerning the respective cost studies.
(C) Submit written and graphic information documenting proposed changes for formal
review bythe Contract Administrator and municipal or other jurisdictional agencies
for code compliance and any necessary permitting or approvals.
(D) The Project Director shall review and indicate concurrence through signing change
orders for COUNTY's authorization in accordance with the Contract Documents,
shall have authority to order minor changes in the Work not involving an adjustment
in the contract sum or an extension of the contract time and which are not
inconsistent with the intent of the Contract Documents. Such minor changes shall
be effected by written order issued through Project Director with the Contract
Administrator's prior approval.The Project Director shall provide recommendations
concerning proposed change orders and minor changes,and the preparation and
processing of change orders and construction change directives.
(E) The Project Director shall process, prepare and issue contract modification
documents in a timely manner and not allow the period required for evaluation,
preparation, or to issue such documents to exceed twenty-one (21) days. The
Project Director shall provide written notification to the Contract Administrator
concerning those modification documents requiring more than twenty-one(21)days
processing time with an attached explanation of the circumstances requiring longer
processing time.
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(F) All final decisions with respect to implementation of substitutions,change orders,
and other contract modifications shall be at the sole determination of the Contract
Administrator.
11.10 The Project Director shall conduct thorough site observations,make recommendations,
and otherwise assist Contract Administrator in determining the dates of substantial
completion and final completion, shall review, approve, and forward to the Contract
Administrator for the Contract Administrator's review, written warranties and related
documents required bythe Contract Documents and assembled by Contractor,and shall
certify a final certificate for payment. At substantial completion,the Project Director and
Contract Administrator shall prepare a punch list of observed items requiring correction,
completion, or replacement by Contractor. The Project Director shall administer the
Contractor and Consultant's submittal of various closeout submittals including warranty
documents,operations and maintenance materials,extra materials,and other closeout
submittals as required by the Contract Documents. The Project Director shall verify and
confirm the Contractor's successful demonstration of equipment and systems and the
training of the COUNTY's personnel as required by the Contract Documents. Project
Director and Contract Administrator shall inspect the Project upon final completion to
determine compliance with the Contract Documents and,upon so determining,prepare
and execute the required forms and other documents indicating that the Work is
completed in compliance with the Contract Documents.
11.11 The Project Director shall within sixty(60)days of final acceptance provide the Contract
Administrator with prints and electronic media copies of the original drawings,which the
Contractor and Consultant have revised to conditions based on information furnished by
the Contractor (redlined prints and other "as-built" information) as Project Record
Documents. The Contractor's original marked drawings shall be submitted to the
Contract Administrator with the updated prints and electronic media files prepared by the
Consultant and Contractor.These prints and electronic media copies shall become the
property of the COUNTY.Submittal of these documents to the Contract Administrator is
a condition of final payment to the CITY. Electronic media shall comply with Attachment
2, Electronic Media Submittal Requirements below.
12.00 Phase VI-Warranty Administration and Post-Occupancy Services:
12.01 For one year following substantial completion of the Project,the Project Director shall
assist the Contract Administrator,without additional compensation,in securing correction
of defects, and shall in the sixth and eleventh months make inspections of the project
with the Contract Administrator and report observed discrepancies to Contract
Administrator.
12.02 The Project Director, Consultant, and Contractor (with respective Subconsultants and
Subcontractors who contributed to the Project), shall participate in a Post-Occupancy
Walkthrough and Evaluation which will be scheduled by the Contract Administrator at a
time subsequent to the eleventh month warranty inspection specified above. During this
Walkthrough and Evaluation,the Project Director shall:
A. Assist the Contract Administrator in reviewing the built Project on site;
B. Participate in and assist the Contract Administrator in conducting interviews with
principal building occupants and users;
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C. Generate written commentary concerning the relative success or failure of the
facilities design;specified materials,equipment,and systems;the project's design,
bidding and construction process;construction cost,schedule,and quality concerns
that affected the project, the effectiveness of administrative and managerial
procedures utilized by the Contract Administrator,the Project Director, Consultant,
and the Contractor, and recommendations concerning future design and
construction of the same or similar building types.
D. Assist the Contract Administrator's preparation and distribution of a Post-Occupancy
Evaluation Report that presents the findings and recommendations generated during
the Post-Occupancy Walkthrough and Evaluation.
E. Participate in presentations of the Post-Occupancy report as required to the
COUNTY,County Administrator,Contract Administrator,using agency or the public
as required.
13.00 Other Basic Services;
13.01 None
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Interlocal Agreement
EXHIBIT E SCOPE OF WORK
ATTACHMENT1:
Project Schedule
Project No:
Project Title:
Facility Name:
A suggested format for the initial development of the Project Schedule milestones for this project is
presented below.The milestone items listed must be edited to reflect project specific requirements
for key project activities. Items initially marked undetermined require follow-up development and a
mutually agreeable determination of the schedule for those elements of the project.
DATE REQUIRED OR
ACTIVITY ESTIMATED TIME PERIOD
Predesign Phase
Consultant's Document Preparation & Submittal Days Q Undetermined
County Review Days ❑Undetermined
Consultant's Document Correction & Re-Submittal Days Q Undetermined
Phase 1: Schematic Design:
Consultant's Document Preparation &Submittal Days ❑Undetermined
County Review Days ❑ Undetermined
Consultant's Document Correction & Re-Submittal Days ❑Undetermined
Phase II: Design Development
Consultant's Document Preparation &Submittal Days f] Undetermined
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County Review Days Q Undetermined
Consultant's Document Correction & Re-Submittal Days Q Undetermined
Phase III: Construction Documents Development
50'/c Construction Documents
Consultant's Document Preparation &Submittal Days Q Undetermined
County Review Days Q Undetermined
Consultant's Document Correction & Re-Submittal Days Q Undetermined
100%Construction Documents
Consultant's Document Preparation &Submittal Days Q Undetermined
County Review Days Q Undetermined
Consultant's Document Correction & Re-Submittal Days Q Undetermined
Phase IV: Bidding and Award of Contract Days Q Undetermined
Bid Opening Date: Days Q Undetermined
Phase V: Administration of the Construction Contract Days Q Undetermined
Substantial Completion Date: Days Q Undetermined
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Final Completion Date: Days Q Undetermined
Phase VI: Warranty Days Q Undetermined
- 84 -
Interlocal Agreement
EXHIBIT E SCOPE OF WORK
ATTACHMENT2:
Electronic Media Submittal Requirements
The Contract Administrator will be utilizing electronic media as the principal way it develops,
communicates and archives information concerning its various construction programs. To
that end, the Interlocal Agreement requires Project Director's submittal of documents
produced on electronic media. Requirements for that media are presented below.
ELECTRONIC MEDIA
A. General Requirements:
1. All Work,including surveying work,drawings,maps,details or other drawing
information to be provided in electronic media by the Project Director shall be
accomplished and developed using software and procedures conforming to
the following criteria.While the Contract Administrator does not anticipate the
production of drawings (surveying work, drawings, maps, details or other
drawing information)by Project Director,any incidental graphics or drawing
product(s) required or resulting from the Basic or Optional Services shall
conform to the requirements for CADD and other graphics as specified
below. Exceptions may be granted by Contract Administrator upon Project
Directors prior written request.
B. Graphic Format:
1. Provide all CADD data in Autodesk, Inc.'s AutoCAD 2008 for Windows (or
later)native electronic digital format(i.e.,.dwg). Earlier versions of AutoCAD
will not be accepted by the Contract Administrator.
2. Target platform: Pentium II or III based IBM compatible personal
computer with a Windows NT operating system.
3. Ensure that all digital files and data (e.g., base files, prototype drawings,
reference files,blocks,attribute links,and other files external to the drawing
itself) are compatible with the Contract Administrator's target CADD system
(i.e.,basic and advanced CADD software,platform,database software),and
adhere to the standards and requirements specified herein.
4. The term "compatible" means that data can be accessed directly by the
target CADD system without translation,pre-processing,or post-processing
of the electronic digital data files. It is the responsibility of the Project
Director to ensure this level of compatibility.
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5. Any non-graphical database delivered with prepared drawings: provide in
relational database format compatible with Microsoft Access 2000 or higher,
or other compatible SQL format database.
6. Maintain all linkages of non-graphical data with graphic elements,
relationships between database tables, and report formats.
7. All database tables: conform to the structure and field-naming guidance
provided upon request by the Contract Administrator.
C. CADD Standards:
1. Standard plotted drawing size: 24 inch x 36 inch sheets.
2. Coordinate with the Contract Administrator concerning the standard file
naming protocol to be utilized.
3. Layering:
a. Conform to the guidelines defined by the American Institute of Architect's
(AIA) standard document, "CAD Layer Guidelines,"2nd edition.
b. Provide an explanatory list of which layer is used at which drawing and an
explanatory list of all layers which do not conform to the standard AIA CAD
Layer Guidelines including any user definable fields permitted by the
guidelines.
c. Layering:The Contract Administrator may,from time to time,supplement the
AIA CAD Layer Guidelines with the Contract Administrator's specific
requirements for Facilities Management and other related information.Obtain
latest Contract Administrator specific layering from Contract Administrator
prior to production of documents and incorporate into drawings.
4. Attribute Definitions:
a. Obtain latest guidance from the Contract Administrator concerning attribute
definition, database linking and other information embedding requirements
prior to production of documents.
5. Submit a written request for approval of any deviations from the Contract
Administrator's established CADD standards.
6. No deviations from the Contract Administrator's established CADD standards
will be permitted unless prior written approval of such deviation has been
received from the Contract Administrator.
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D. Non-Graphic Format:
1. Provide word processing files in WordPerfect 8.0 or Microsoft Word 2000
compatible file formats including all fonts, typefaces, bit-map and vector
graphics, and other information necessary for remote printing.
2. Provide spreadsheet files in Lotus 1-2-3 v5.0 or Microsoft Excel 2000 for
Windows compatible file formats including all fonts,typefaces,bit-map and
vector graphics,and other information necessary for remote printing.
3. Provide database files in relational database format compatible with
Microsoft Access 2000 or higher,or other compatible SQL format database
including all tables, form and report formats,fonts, typefaces, bit-map and
vector graphics, and other information necessary for remote printing.
Ensure integrity of relational database structure.
E. Delivery Media and Format:
1. Submit copies of all CADD data and other electronic files developed under
this contract on electronic digital media as required for project phase
submittals.
2. For projects with electronic digital files or sets of files less than or equal to
four(4)standard high density(1.44 megabyte capacity)diskettes,the elec-
tronic digital data and files may be provided on MS-DOS FAT or extended
FAT 3-1/2-inch high-density floppy disks.
3. For projects with electronic digital files or sets of files larger than four (4)
diskettes,the electronic digital data and files shall be provided on 5-1/4-inch
ISO.9660 CD-ROM.
4. The electronic digital media shall be in the format which can be read and
processed by the Contract Administrator's target CADD system.
5. The external label for each electronic digital media shall contain, as a
minimum,the following information:
a. The Project Number, Project Title, and date.
b. The Facility Name
c. The format and version of operating system software.
d. The name and version of utility software used for preparation (e.g.,
compression/decompression) and copying files to the media.
e. The sequence number of the digital media.
f. A list of the filenames.
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6. Before a CADD file is placed on the delivery electronic digital media, the
followingprocedures shall be performed:
P
a. Remove all extraneous graphics outside the border area and set the active
parameters to a standard setting or those in the Contract Administrator-
furnished seed file.
b. Make sure all reference files are attached without device or directory
specifications.
c. Compress and reduce all design files using PKZIP or other compatible file
compression/decompression software approved by the Contract
Administrator. If the file compression/decompression software is different
from that specified above, then an electronic digital media copy of the file
compression/decompression software shall be purchased for the Contract
Administrator and provided to the Contract Administrator with the delivery
media.
d. Include all files, both graphic and non-graphic, required for the project (i.e.,
color tables, pen tables, font libraries, block libraries, user command files,
plot files, and other elements of drawing definition). All blocks not provided
as Contract Administrator-furnished materials must be provided to the
Contract Administrator as a part of the electronic digital deliverables.
e. Make sure that all support files such as those listed above are in the same
directory and that references to those files do not include device or directory
specifications.
I. Include any standard sheets (i.e., abbreviation sheets, standard symbol
sheets, or other listing) necessary for a complete project.
g. Document any fonts, tables, or other similar customized drawing element
developed by the Project Director or not provided among the Contract
Administrator-furnished materials. The Project Director shall obtain Contract
Administrator approval before using anything other than the Contract
Administrator's standard fonts, linetypes, tables, blocks, or other drawing
elements available from the Contract Administrator.
F. Drawing Development Documentation:
1. Provide the following information for each finished drawing in the nonplot
layer X-""`-NPLT:
a. How the data were input (e.g., keyed in, downloaded from a survey total
station instrument(include name and model),and other identification data).
b. Brief drawing development history (e.g., date started, modification date(s)
with brief description of items modified,author's name,and other identifying
data.).
88
c. The names of the reference, blocks,symbols,details,tables, and schedule
files required for the finished drawing.
d. Layer assignments and lock settings.
e. Text fonts, line styles/types used, and pen settings.
G. Submittal:
1. Submit as Project Record Documents specified above and as required for
project phase submittals and project record documents.
2. Submit electronic media with a transmittal letter containing, as a minimum,
the following information:
a. The information included on the external label of each media unit(e.g.,disk,
tape), along with the total number being delivered, and a list of the names
and descriptions of the files on each one.
b. Brief instructions for transferring the files from the media.
c. Certification that all delivery media are free of known computer viruses. A
statement including the name(s) and release date(s) of the virus-scanning
software used to analyze the delivery media, the date the virus-scan was
performed,and the operator's name shall also be included with the certifica-
tion. The release or version date of the virus-scanning software shall be the
current version which has detected the latest known viruses at the time of
delivery of the digital media.
d. The following "Plot File Development and Project Documentation
Information"as an enclosure or attachment to the transmittal letter provided
with each electronic digital media submittal.
1) Documentation of the plot file for each drawing which will be needed
to be able to duplicate the creation of the plot file by the Contract
Administrator at a later date. This documentation shall include the
plotter configuration (e.g., name and model of plotter),pen settings,
drawing orientation,drawing size,and any other special instructions.
2) Instructions concerning how to generate plotted, or hard copy,
drawings from the provided plot files.
3) List of any deviations from the Contract Administrator's standard
layer/level scheme and file-naming conventions.
4) List of all new symbol blocks created for project, which was not
provided to the Project Director with the Contract Administrator-
furnished materials.
5) List of any non-IGES crosshatch/patterns used.
- 89 -
6) List of all new figures,symbols,tables,schedules,details,and other
blocks created for the project,which was not provided to the Project
Director with the Contract Administrator-furnished materials,and any
associated properties.
7) List of all database files associated with each drawing, as well as a
description and documentation of the database format and schema
design.
8) Recommended modifications which will be necessary to make the
data available for GI$ use.
H. Ownership:
1. COUNTY will have unlimited rights under the Professional Services
Agreement of which this document is a part to all information and materials
developed under these and other contractual requirements and furnished to
the Contract Administrator and documentation thereof,reports,and listings,
and all other items pertaining to the work and services pursuant to the
Interlocal Agreement including any copyright.
2. Unlimited rights under this contract are rights to use, duplicate, or disclose
text,data,drawings, and information, in whole or in part in any manner and
for any purpose whatsoever without compensation to or approval from the
Project Director except where otherwise limited within the Contract.
3. The Contract Administrator will at all reasonable times have the right to
inspect the work and will have access to and the right to make copies of the
above-mentioned items.
4. Alltext,electronic digital files,data,and otherproducts generated under this
contract shall become the property of COUNTY except where otherwise
limited within the Contract.
I. Contract Administrator-Furnished Materials To the Project Director:
1. The Contract Administrator and COUNTY's various design consultants may
make various electronic information available to the Project Director during
the Preconstruction and Construction phase(s)of the Project. This electronic
media information may include:
a. An electronic media copy of site surveys if available.
b. One set of AutoCAD electronic file format contract drawings, to be
used for as-built drawings at the Project Director's option. Make
electronic file drawings available back to Contract Administrator and
Consultant on either 3-1/2 inch high density diskette or CD ROM
(Project Director's choice).
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J. Other Digital Information:
1. A variety of digital information may be generated by participants in the design
process including the Contract Administrator, the Project Director,
Consultant, Contractor, Subconsultants, Subcontractors, the Contract
Administrator's commissioning authority, local jurisdictional authorities and
other project team members.
2. The Project Director shall facilitate and participate wherever possible in
this digital exchange of information by conforming to the standards
expressed above.
(Remainder of Page Intentionally Left Blank)
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EXHIBIT E WORK LETTER
ATTACHMENT 3:
Preliminary Architectural Program
The COUNTrs preliminary building program follows this page.
- 92 -
EXHIBIT F
PREVAILING WAGE
(Page 1 of 2)
Prevailing Waae Rates: On November 17, 1983, the Broward County Board of County
Commissioners enacted Ordinance No. 83-72 providing that, in all non-federally funded
construction procurement activity of Two Hundred Fifty Thousand Dollars($250,000.00)or
more, the rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar skills in classifications of work
in like industries as determined by the Secretary of Labor and as published in the Federal
Register(latest revision).
1. Prevailina Wage Rate Ordinance. This Project is not federally funded. If the
construction cost is in excess of Two Hundred Fifty Thousand Dollars ($250,000.00)
the following sections shall apply:
1.1 The rate of wages and fringe benefit payments for all laborers, mechanics,
and apprentices shall not be less than those payments for similar skills in
classifications of work in a like construction industry as determined by the
Secretary of Labor and as published in the Federal Register (as attached
hereto as G-1).
1.2 All mechanics, laborers, and apprentices, employed or working directly upon
the site of the work shall be paid in accordance with the above-referenced
wage rates. CITY or its Design-Construction Team shall post notice of these
provisions at the site of the work in a prominent place where it can be easily
seen by the workers.
1.3 If the parties cannot agree on the proper classification of a particular class of
laborers or mechanics or apprentices to be used,the Contract Administrator
shall submit the question, together with its recommendation, to the County
Administrator for final determination.
1.4 In the event it is found by the Contract Administrator that any laborer or
mechanic or apprentice employed by CITY or any Subcontractor directly on
the site of the work has been or is being paid at a rate of wages less than the
rate of wages required by the ordinance,the Contract Administrator may:(1)
by written notice to CITY terminate its right to proceed with the work or such
part of work for which there has been a failure to pay said required wages;
and (2) prosecute the work or portion thereof to completion by contract or
otherwise. Whereupon, CITY, its Design-Construction Team and its sureties
shall be liable to COUNTY for any excess costs occasioned to COUNTY
thereby.
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1.5 Sections 1.1 through 1.4 above shall apply to this Contract to the extent that
it is: (1) a prime Contract subject to the ordinance;or (2)a subcontract also
subject to the ordinance under such prime Contract.
1.6 CITY or its Design-Construction Team shall maintain payrolls and basic
records relating thereto during the course of the work and shall preserve
such for a period of three(3)years thereafter for all laborers,mechanics,and
apprentices working at the site of the work. Such records shall contain the
name and address of each such employee; its current classification; rate of
pay(including rates of contributions for, or costs assumed to provide, fringe
benefits); daily and weekly number of hours worked; deductions made;and
actual wages paid.
1.7 CITY or its Design-Construction Team shall submit,with each requisition for
payment, a signed and sworn "Statement of Compliance" attesting to
compliance with Broward County Ordinance No. 83-72 by CITY and its
Design-Construction Team. The Statement shall be in the form attached as
Exhibit "F-2."
1.8 If CITY or its Design-Construction Team or any subcontractor fails to pay any
laborer, mechanic, or apprentice employed or working on the site of the work
all or part of the wages required by this Agreement, the Contract
Administrator may, after written notice to CITY, take such action as may be
necessary to cause suspension of any further payments or advances until
such violations have ceased.
(Remainder of Page Intentionally Left Blank)
- 95 -
EXHIBIT F-1
GENERAL DECISION: FL20080009 05/23/2008 FL9
Date: May 23, 2008
General Decision Number: FL20080009 05/23/2008
Superseded General Decision Number: FL20070009
State: Florida
Construction Type: Building
County: Broward County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including four (4) stories)
Modification Number Publication Date
0 02/08/2008
1 03/21/2008
2 05/23/2008
CA R P0080-001 07/01/1999
Rates Fringes
CARPENTER (Including Drywall
Hanging; cabinets, form work&
metal stud framing, excluding
acoustical ceilings,
automatic door installers,
partitions &wood
doors)........................... $ 15.00 2.85
----------------------------------------------------------------
CAR P 1026-001 05/01/2001
Rates Fringes
MILLWRIGHT....................... $ 20.04 6.66
----------------------------------------------------------------
CARP1026-003 08/01/2001
Rates Fringes
Piledriver....................... $ 19.00 5.20
- 96 .
- -------------------------------------------------------------
ELEC0728-002 09/03/2007
Rates Fringes
ELECTRICIAN (including HVAC,
fire & burglar alarms, &
communications systems).......... $ 26.46 $5.00+12.5%
----------------------------------------------------------------
ELEV0071-002 01/01/2005
Rates Fringes
Elevator Constructor............. $ 29.805 12.115
Mechanics
FOOTNOTES:
a. Employer contributes 8%basic hourly rate for 5 years or
more of service as Vacation Pay Credit, and 6%for 6 months
to 5 years of service
b. PAID HOLIDAYS: New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the Day
after Thanksgiving Day, and Christmas Day.
----------------------------------------------------------------
ENG10487-004 07/01/2007
Rates Fringes
Power equipment operators:
Hoist....................... $ 25.02 7.68
7.68....................... $ 26.47 7.68
-------------------------------------------------------------
I RON0272-002 10/01/2006
Rates Fringes
Ironworkers:
Reinforcing................. $ 26.70 6.43
Structural (incl metal
bldg erection).............. $ 26.70 6.43
----------------------------------------------------------------
- 97 -
PLUM0719-001 03/01/2008
Rates Fringes
PIPEFITTER (Including HVAC)......$ 24.50 9.1D
PLUMBER (excluding HVAC).........$ 24.50 9.10
FOOTNOTE:
A- 6 paid holidays New Year's Day, Memorial Day, July 4th,
Labor Day, Thanksgiving Day and Christmas Day providing the
employee works the scheduled work day preceding and after
the holiday.
----------------------------------------------------------------
ROOF0103-002 02/01/2003
Rates Fringes
WATERPROOFER..................... $ 14.50 5.10
----------------------------------------------------------------
SFFL0719-001 07/01/2000
Rates Fringes
SPRINKLER FITTER................. $ 20.90 4.00
----------------------•-----------------------------------------
SHEE0032-002 08/12/2003
Rates Fringes
Sheet metal worker (Including
HVAC)............................ $ 24.24 8.97
----------------------------------------------------------------
SUFL2001-001 09/21/2001
Rates Fringes
Block Mason...................... $ 15.27
CARPENTER (Acoustical
Ceilings Only)................... $ 14.00 1.50
CARPENTER (Partitions Only)......$ 14.00
Concrete Finisher................ $ 13.67
GLAZIER.......................... $ 15.26 1.40
- 98 -
Heat and Frost Insulator......... $ 16.25 3.30
HVAC MECHANIC (Set unit only)..$ 15.51 2.36
INSTALLER
Wood Door and Hardware
Installer................... $ 10.00 1.26
Laborer, Unskilled (Including
Block Mason Tending)............. $ 9.94
PAINTER (Excluding Drywall
Finishing)....................... $ 11.00
ROOFER, Including Built Up,
Composition and Single Ply
Roofs............................ $ 11.86 1.62
TILE SETTER...................... $ 12.50 0.88
Truck Driver, Dump............... $ 12.50 1.64
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
in the listing above, the "SU"designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
----------------------------------------------------------------
- 99 -
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter?This can
be:
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on
a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.)that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
- 1o0 -
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
- 101 -
EXHIBIT F-2
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72),
Contract No. Project Title
The undersigned CITY or its Design-Construction Team hereby swears under penalty of
perjury that, during the period covered by the application for payment to which this
statement is attached, all mechanics, laborers, and apprentices, employed or working on
the site of the Project, have been paid at wage rates,and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by
Broward County Ordinance No. 83-72 and the applicable conditions of this Agreement.
Dated 20_.
CITY or its Design-Construction Team
By
(Signature)
By
(Name and Title)
STATE OF )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
,20_, by who is personally known to me or
who has produced as identification and who did/did not take
an oath.
- 102 -
WITNESS my hand and official seal, this day of , 20
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment
typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
- 103 -
EXHIBIT G
BR SCHEDULE OF (CDBE) PARTICIPATION
OQN
ARD
COUNTY (Submit this form with an executed Letter of Intent from each CDBE firm listed in this form)
Bid/RLI/RFP #: Project Location: Date Form Submitted:
Project Name: I Project Start Date:
Prime Contractor: Address:
Contact Person: Tele hone#: Fax#:
CDBE Sub-contract
CDBE Subcontractor Expiration Address Phone Type of Work to Amount(Agreed
date be Performed Price($)or
Percentage VQ
Total CDBE Participation
Total Contract Amount
CDBE Subcontractor Participation Percentage
(Total amount allocated to CDBEs divided by Total Contract Amount
The listing of a CDBE shall constitute a representation by the bidder/responder to Broward County that such CDBE has
been contacted and properly apprised of the upcoming County project. Bidders/Responders are advised that the
Information contained herein is subject to verification by the Small Business Development Division andthat submission of
said information is an assertion of its accuracy,per the requirements of the Small Business Development Program.
I certify that the above information is true to the best of my knowledge:
Signature: Title: Date:
3BDD COMPLIANCE FORM 20D7.3
- 105 -
EXHIBIT H
B ARD
COUNTY
LETTER OF INTENT
To Utilize a Community Disadvantage Business Enterprise(CDBE)
Subcontractor/S ubconsultant
From:
(Name of Proposer/Bidder)
To: Broward County,Selection and Negotiation Committee
Project Description:
In response to Broward County's RLI/Sid No. the
undersigned hereby agrees to utilize the CDBE firm listed below,if awarded the contract. The undersigned
further certify that the firm has been contacted and properly apprised of the projected work assignment(s)
upon execution of the contract with Broward County.
Name of Firm:
(Proposed CDBE Subcontractor/Subconsultant)
Work Assignment:
Percentage of Prime's Contract Fees to be awarded:
(Dollar Amount or Percentage%)
(Signature of Owner or Authorized Rep.) (Date)
Subscribed and sworn to before me this day of 200
(Notary's Signature) (Notary Seal)
------- -------------------—------------------ ---------------------
(ACKNOWLEDGEMENT BY THE PROPOSED CDBE FIRM)
The undersigned intends to perform work in connection with the above Contract as(check one)
an individual_a partnership_a corporation—a joint venture. The undersigned agrees with the
prime contractor's/consultant's proposal and further certifies that all information provided herein is true and
correct.
(Signature of Owner or Authorized Rep.) (Date)
Subscribed and sworn to before me this day of 200_
(Notary's Signature) (Notary Seal)
- 107 -
EXHIBIT I
CDBE PARTICIPATION PERFORMANCE REPORT
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- 109 -
This instrument prepared by:
Larry E. Lymas-Johnson, Deputy County Attorney
Broward County Attorney=s Office
Governmental Center, Suite 423
115 South Andrews Avenue
Ft. Lauderdale, FL 33031
MEMORANDUM OF LEASE
THE CITY OF DANIA BEACH, a Florida municipal corporation (the"LANDLORD"),
havinga principal lace of business at 100 West Dania Beach p p p eac Boulevard, Dania Beach, FL
33004, owner of certain real property located in the City of Dania Beach, Florida, generally
shown on Exhibit A-3 attached hereto; and BROWARD COUNTY, a political subdivision of
the State of Florida, by its Board of County Commissioners (the "TENANT'), having a
principal place of business at 115 South Andrews Avenue, Fort Lauderdale, FL 33301,
hereby give notice that they have entered into a certain Ground Lease effective
(the"Lease")pursuant to which LANDLORD and TENANT have
agreed that TENANT shall have the right to possession of approximately 10,000 square
feet of land, in a location to be mutually agreed upon, for construction of the Library
Facility at the address of 100 West Dania Beach Boulevard situate in the City of Dania
Beach, County of Broward, State of Florida, as generally shown on Exhibit "A-3" hereto
(the 'Premises") for a term of ninety nine (99) years, commencing
together with appurtenant rights for access, egress, parking,
pedestrian use, placement and maintenance of a dumpster, utility easements, signs and a
book drop and rights to use portions of City Hall Property (as defined in the Lease) for
construction, all as more particularly set forth in the Lease.
Reference is made to the full text of the Lease for the terms and provisions thereof.
A copy of the Lease may be obtained from LANDLORD or TENANT upon request, at their
principal government offices as indicated above.
IN WITNESS WHEREOF, LANDLORD and TENANT have executed this
Memorandum of Lease on the dates hereinafter subscribed.
LANDLORD
WITNESSES: CITY OF DANIA BEACH, Florida, a municipal
corporation of the State of Florida,
By:
Albert C. Jones, Mayor
day of 20_
ATTEST: Approved by:
By: By:
Louise Stilson, City Clerk Ivan Pato, City Manager
day of 20_.
Approved as to Form and Legality for the
use and reliance of the City of Dania Beach,
Florida, only.
By:
Thomas J. Ansbro, City Attorney
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this_day of
2008, by Mayor of the City of Dania Beach,who is personally known
to me or has produced as identification.
My Commission Expires:
Signature of Notary Public
(Typed or printed name)
(SEAL) ,
MEMORANDUM OF GROUND LEASE FOR LIBRARY BETWEEN CITY OF DANIA
BEACH AND BROWARD COUNTY
TENANT
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-Officio
Clerk of the Board of County By:
County Commissioners of Lois Wexler, Mayor
Broward County, Florida day of 2008.
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By:
Larry E. Lymas-Johnson
Deputy County Attorney
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of
, 2008 by , Mayor or Vice-Mayor of the Broward County Board
of County Commissioners, who is personally known to me or who has produced
as identification.
My Commission Expires:
Signature of Notary Public
(Typed or printed name)
(SEAL)
LEI-Construction AssignmenLsRev Dania Beach Library Memo of Lease(6-10--08).doc