Agenda 06/26/2012 Item #16D 96/26/2012 Item 16.D.9.
EXECUTIVE SUMMARY
Recommendation to waive formal competition under the County's Purchasing Policy
approve and authorize the Chairman to sign a successor agreement to contract 09 -5248
with Vincent Raymer, G.C. for the completion of rehabilitation of three homes in an
amount not to exceed $67,034.
OBJECTIVE: To complete three residential single family home rehabilitations not previously completed
under contract 09 -5248, and remit payment to the Contractor in compliance with the Federal Grantor
requirements and County Purchasing Policy.
CONSIDERATIONS: Collier County executed an agreement with the U.S. Department of Housing and
Urban Development (HUD) on March 4, 2009 under the Neighborhood Stabilization Program 1. The
administrative plan for NSP 1 permitted the acquisition and rehabilitation of residential and multi- family
properties. To accomplish the strategic objectives of this program, Collier County competitively procured
general contractors to perform necessary rehabilitation on acquired properties. On September 15, 2009 a
contract was entered into between Collier County and Vincent Raymer, G.C. for the rehabilitation of
properties under the NSP program. Price quotes were solicited from those selected general contractors
and rehabilitation jobs were awarded based upon the lowest and most responsive bidder. Vincent Raymer
was selected to complete rehabilitation as follows:
Property Address Rehabilitation Cost
38704 th Avenue $27,117
Change Order $7,061
2975 0 St NE $18,146
4735 6th Ave $26,206
During the performance of the work, serious concerns arose about whether the work being performed was
completed properly and in its entirety. These concerns were part of the focus of two subsequent audits by
the Clerk of Courts, the latter of which was completed in February 2012. As a result of the audit findings
all rehabilitative work was halted on the properties until a decision on those steps necessary to achieve
compliance were determined. The HHVS staff, along with the Office of the County Attorney, Purchasing
Department and the Clerk of Courts worked to develop a resolution. An attempt was made to re -bid the
work as initially advised by HUD, however the bid was rescinded due to the complexities raised by the
contractors with respect to changes made in mid -March 2012 to the Florida Building Code. Staff pursued
alternative options and sought approval from HUD on these options. HUD issued a verbal opinion in late
May 2012 and a written opinion on June 4, 2012, insisting that the Contractor, Vincent Raymer, be given
the option to complete the work.
On June 13, 2012, a meeting was held with Vincent Raymer, HHVS staff, Purchasing staff, the Clerk's
Finance Department staff and the attorney assigned to HHVS. The terms of the proposed agreement are
consistent with those discussions. Mr. Raymer is to identify all work he believes is complete and HHVS
staff along with the Clerk's office will inspect all such work, and if deemed to be complete, a Certificate
of Final Completion will be issued. Upon receipt of a proper invoice for the work, along with the County
approved Certificate of Final completion, the Clerk's Finance Department will issue payment to Vincent
Raymer.
Because the original contract 09 -5248 expired on March 14, 2012, the proposed contract incorporates the
terms and conditions of the original contract. The proposed contract clearly sets forth the parameters for
completion of the rehabilitation activities as well as the payment terms. The Contractor will commence
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6/26/2012 Item 16.D.9.
work upon the execution of the new successor agreement and upon issuance of a Notice to Proceed, and
will submit invoices once inspection has occurred by the HHVS and Finance department staff. This
agreement states that all remaining work shall be completed within 90 days of the Board's Approval of
the successor agreement.
The amount of $67,034.00 in the successor agreement is the unpaid balance of work previously awarded
in 2009 minus change orders, as Vincent Raymer has been paid $11,496.00 to date. Hence, all prices
under the new agreement are the product of previous price competition. However given that the staff is
recommending the Board enter into a new agreement to resolve this issue staff recommends that the
Board waive the formal bidding requirements as set forth under Section V.B.4. of the, County's
Purchasing Policy. In accordance with Section V. B.4 of the Purchasing Policy, the Director has deemed
this to be an instance where it is in the best interest of the County to waive procurement requirements and
allow the contractor to continue the work as strongly recommended by the grantor agency.
FISCAL IMPACT: Approval of this item will result in payments under the proposed contract not to
exceed $67,034.00 in Neighborhood Stabilization Funding. Approval of this agreement will have no
additional effects on ad valorem or general fund dollars. NSPI grant funds are located in Fund 121 —
Urban Improvement Grants, Project 33050.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. - JBW
GROWTH MANAGEMENT IMPACT: Implementation of this Agreement will further the goals,
objectives and policies of the County's Growth Management Plan.
RECOMMENDATION: That the Board waive formal competition under the County's Purchasing
Policy, approve and authorize the Chairman to sign an agreement with Vincent Raymer, General
Contractor in the amount of $67,034.00 after approval by the County Attorney.
Prepared By: Kristi Sonntag
Manager Federal/State Grants, Housing, Human and Veteran Services
Attachments: Successor contract to 09 -5248
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6/26/2012 Item 16.D.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.9.
Item Summary: Recommendation to waive formal competition under the County's
Purchasing Policy approve and authorize the Chairman to sign a successor agreement to
contract 09 -5248 with Vincent Raymer, G.C. for the completion of rehabilitation of three homes
in an amount not to exceed $67,034.
Meeting Date: 6/26/2012
Prepared By
Name: SonntagKristi
Title: VALUE MISSING
6/14/2012 3:02:46 PM
Submitted by
Title: VALUE MISSING
Name: SonntagKristi
6/14/2012 3:02:47 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 6/14/2012 3:17:11 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 6/15/2012 10:52:15 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/16/2012 1:05:08 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 6/19/2012 1:37:56 PM
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Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 6/19/2012 2:05:40 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 6/19/2012 5:01:47 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 6/20/2012 8:09:10 AM
Name: MuckelCynthia
Title: Applications Analyst,lnformation Technology
Date: 6/20/2012 8:32:21 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 6/20/2012 1:11:21 PM
Name: OchsLeo
Title: County Manager
Date: 6/20/2012 1:34:26 PM
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6/26/2012 Item 16.D.9.
r
6/26/2012 Item 16.D.9.
AGREEMENT
For
Completion of Rehabilitation of Residential Structures for Neighborhood Stabilization
Program
THIS AGREEMENT is made and entered into this 26th day of June, 2012, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "County" or "Owner") and Vincent Raymer, G.C., authorized to do
business in the State of Florida, whose business address is P.O. Box 8291, Naples, Florida 34101
(hereinafter referred to as the "Contractor").
WHEREAS, after competitive solicitation, the Contractor was awarded contract # 09 -5248 to
perform work related to Rehabilitation of Residential Structures for Neighborhood Stabilization
Program;
WHEREAS, contract # 09 -5248 expired on March 14, 2012 before all of the work was
completed;
WHEREAS, the purpose of this contract is to allow the Contractor to complete the work as
required by contract # 09 -5248 for the same compensation as set forth in contract # 09 -5248.
WHEREAS, all terms of contract # 09 -5248 have been carried forward into this agreement
solely with modification to clarify the payment process.
WITNESSETH:
COMMENCEMENT: The contract shall commence upon issuance of a Notice to Proceed by the
County Contract Manager. Within ninety (90) days after issuance of a Notice to Proceed from the
County, the Contractor shall have finally completed all Categories of Work included in Exhibit A,
hereinafter the "Work ". The County Manager, or his designee, may, at his discretion, extend the
Agreement under all of the terms and conditions contained in this Agreement for up to one
hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term not less than ten (10) days
prior to the end of the Agreement tern then in effect.
2. STATEMENT OF WORK: The Contractor had previously been awarded contract # 09 -5248 to
perform work related to Rehabilitation of Residential Structures for Neighborhood Stabilization
Program, and hereby agrees that this is a successor contract to complete the work as identified in
Exhibit A, hereby attached and incorporated by reference. Contractor agrees that any Purchase
Order issued under this Agreement that extends beyond the expiration date of this Agreement will
survive and remain subject to the terms and conditions of this Agreement until the completion or
termination of the Purchase Order. Likewise, any Purchase Order issued under this Agreement
shall also be subject to the terms and conditions c f the predecessor Agreement. The execution of
this Agreement shall not be a commitment to the Contractor that any work will be awarded to the
Contractor.
In the sole discretion of Owner, work performed under this Agreement may be suspended for
reasons to include, but not be limited to, the following:
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6/26/2012 Item 16.D.9.
.. Non - performance of and /or deficient work
b. Non - payment of subcontractors
The Contractor shall be notified in writing that its Agreement has been suspended.
In the event the Contractor fails to perform any required service within the time schedule and /or in
accordance with the terms and conditions of this Agreement, the County reserves the right to
obtain substitute performance. Further, the County reserves the right to deduct the cost of such
substitute performance from the Contractor's payments. The Contractor may be exempt from this
provision if such exemption is granted by the County Contract Manager or his designee, in writing,
prior to any delays or as a result of an Act of Nature.
The Contractor shall apply for all permits within five (5) working days from the date the Purchase
Order is issued.
2.1 Grant Compliance:
The purchase of all goods and services that are funded through Federal Grant Appropriations
under this Agreement shall be subject to the compliance and reporting requirements of the
Federal Granting Agency, which are attached herein and incorporated into this Agreement as
Exhibit C.
3. COMPENSATION: In compliance with the HUD Grant Requirements, the County shall pay the
Contractor for the performance of this Agreement upon completion of each numbered Category of
Work (hereinafter COW) as accepted and approved by the County Contract Manager or his
designee pursuant to the fees as set forth in Exhibit "A ", included in this Agreement. Total
compensation to the Contractor under this agreement shall not exceed sixty seven thousand and
thirty four dollars ($67,034.00) without prior written approval in the form of a properly executed
Change Order in compliance with Purchasing Policy. The Contractor was paid a total of eleven
thousand four hundred ninety six dollars ($11,496.00) for work within the scope of contract 09-
5248. It was subsequently determined that not all of the work paid for under that Agreement was
completed. It shall be a condition of this Agreement that no further payments will be issued until
the Contractor has completed, and the County has inspected and accepted all work paid for under
contract 09 -5248 by signing off on a Certificate of Final Completion.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Vincent Raymer, G.C.
P.O. Box 8291
Naples, FL 34101
Telephone: 239 -825 -5886
Facsimile: 239 - 353 -6437
All notices required or made pursuant to this Agreement t o
County shall be in writing and shall be delivered by hand,
Postal Service Department, first class mail service, postage
County's address of record:
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be given by the Contractor to the
by fax, e-mail, or by United States
prepaid, addressed to the following
6/26/2012 Item 16.D.9.
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Joanne Markiewicz
Interim Purchasing/General Services Director
Phone: 239 -252 -8407
Fax: 239 - 252 -6480
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed intemally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
re
consumer, use and other similar taxes associated with the Work or portions thereof, which a
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a ten (10) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
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6/26/2012 Item 16.D.9.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabil : Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property DaraWe Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $500,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County thirty (30) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Contractor shall provide County with certificates of insurance
meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone
employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person described
in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12. PAYMENTS. In compliance with the HUD Grant Requirements, the County shall pay the
Contractor for the performance of this Agreement upon completion of each numbered COW as
accepted and approved by the County Contract Manager or his designee. Upon completion of
ALL items and services included in the description for each COW as determined by the County
Contract Manager, the County Contract Manager or her designee will issue a Certificate of Final
Completion (Exhibit B) for each COW. The Contractor may invoice for each COW upon
issuance of a Certificate of Final Completion for said COW by the County Contract Manager.
The properly executed Certificate of Final Completion for each COW shall be submitted along
with the invoice by the Contractor in order for payment to be made. Payments will be made in
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6/26/2012 Item 16.D.9.
accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt
Payment Act."
13. PAYMENTS WITHHELD. Owner may decline to approve any Certificate of Final Completion,
Application for Payment, or portions thereof, because of defective or incomplete work,
outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The
Owner may nullify the whole or any part of any approval for payment previously issued and
Owner may withhold any payments otherwise due Contractor under this Agreement or any
other agreement between Owner and Contractor, to such extent as may be necessary in the
Owner's opinion to protect it from loss because of. (a) defective Work not remedied; (b) third
party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d)
reasonable doubt that the Work can be completed for the unpaid balance of the Contract
Amount; (e) reasonable indication that the Work will not be completed within the Contract Time;
(f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance..
15. CONTRACT TIME AND TIME EXTENSIONS. The "Commencement Date" shall be established
in the Notice to Proceed to be issued by the Owner. Contractor shall commence the Work
within five (5) calendar days from the Commencement Date. No Work shall be performed at
the Project site prior to the Commencement Date. Any Work performed by Contractor prior to
the Commencement Date shall be at the sole risk of Contractor.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty -eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
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6/26/2012 Item 16.D.9.
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
D. When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly
set forth herein, no addition or changes to the Work shall be made except upon written order
of Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or anent of Owner is authorized to direct
any extra or charmed work orally. Any modifications to this Contract shall be in compliance
with the County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable
to the Project, including but not limited to those dealing with taxation, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any
part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all
of the obligations and responsibilities that Contractor has assumed toward Owner.
20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures
to be incorporated into the Project. Contractor warrants to Owner that any materials and
equipment furnished under. the Contract Documents shall be new unless otherwise specified,
and that all Work shall be of good quality, free from all defects and in conformance with the
Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
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6/26/2012 Item 16.D.9.
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in ,,
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of %4w.'
written notice from Owner. Contractor shall also be responsible for and pay for replacement or.
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled
as a matter of law.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well- groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in
the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect'the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment for each COW has been made. If Contractor or anyone for
whom Contractor is legally liable is responsible for any loss or damage to the Work, or other
work or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted from
any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby.
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6/26/2012 Item 16.D.9.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. COMPLETION. When the entire COW is ready for its intended use, Contractor shall notify
Owner in writing that the entire COW is complete and request that Owner inspect the COW.
Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work
(or designated portion thereof) to determine the status of completion. Upon completion of ALL
items and services included in the description for each COW as determined by the County
Contract Manager, the County Contract Manager or her designee will issue a Certificate of Final
Completion (Exhibit B) for each COW. If Owner does not consider the COW complete, the
Owner shall notify Contractor in writing giving the reasons therefore.
If Owner considers the COW incomplete, Owner shall so advise Contractor in writing and include
a tentative punchlist of items to be completed or corrected by Contractor before issuance of a
Certificate of Final Completion. Owner shall allow Contractor reasonable access to complete or
correct items on the punchlist.
Upon receipt of written certification by Contractor that the COW is subsequently completed in
accordance with the Contract Documents and is ready for final inspection and acceptance,
Owner will make such inspection and, if Owner finds the COW acceptable and fully performed
under the Contract Documents, he shall issue a Certificate of Final Completion, Exhibit B.
Payment shall not become due and payable until Contractor submits an invoice accompanied by
a Certificate of Final Completion.
26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Housing and Human Services Department.
27. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Exhibit A Scope of Services, Exhibit B Certificate of Final Completion,
Exhibit C Grantor Agency Requirements, Insurance Certificate, Contract 09 -5248, any Purchase
Order made or issued pursuant to this Agreement, and any related plans and /or specifications
for any such Purchase Orders.
28. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and /or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and /or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c.
immediate termination of any contract held by the individual and /or firm for cause.
Page -8-
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6/26/2012 Item 16.D.9.
29. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
30. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work. No
markup shall be applied to sales tax.
31. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
32. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
33. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
34. PREVAILING LANGUAGE: Wherever the terms and /or conditions of this Agreement duplicate
or overlap the predecessor agreement # 09 -5248, the provisions of the terms and /or conditions
that are most favorable to the County and /or provide the greatest protection to the County shall
govern.
35. DISPUTE RESOLUTION: Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of Contractor with full decision- making authority and by Owner's staff person who would make
the presentation of any settlement reached during negotiations to Owner for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision - making authority and by
Owner's staff person who would make the presentation of any settlement reached at mediation
to Owner's Board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under Section 44.102,
Fla. Stats.
SIGNATURE PAGE TO FOLLOW
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6/26/2012 Item 16.D.9.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, herewnder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Type/Print Witness Name
Type/Print Witness Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By.
Fred W. Coyle, Chairman
Vincent Raymer, G.C.
Contractor
._. _
�su� Pdlxzw
Title
Approved as to form and
legal suffCiency.
JenniferABs'sist "ant County Attorney
Page -1 a
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6/26/2012 Item 16.D.9.
Completion of Rehabilitation of Residential Structures for Neiahborhood Stabilization
Program
EXHIBIT A
Scone of Work
In compliance with the Exhibit C Grant Agency Requirements, the County shall pay the Contractor for
the performance of this Agreement upon completion of each numbered Category of Work (hereinafter
COW) as accepted and approved by the County Contract Manager or his designee and as set forth
below. The COW shall be defined as the bolded, numbered and underlined categories. Upon
completion of ALL items and services included in the description for each COW as determined by the
County Contract Manager, the County Contract Manager or her designee will issue a Certificate of
Final Completion (Exhibit B) for each COW. The Contractor may invoice for each COW upon
issuance of a Certificate of Final Completion for said COW by the County Contract Manager. The
properly executed Certificate of Final Completion for each COW shall be submitted along with the
invoice by the Contractor in order for payment to be made.
Following is a list of COW for each property address that have yet to be completed. In order to
maintain continuity for auditing purposes, the dollar amounts below reflect the original dollars
allocated for each COW for each property. Likewise, the item numbering reflects the numbering in the
original contract 09 -5248. A table reflecting the current available dollar amounts for each property
immediately follows. The final details of work to be completed under each COW shall be detemnined
resultant of an inspection by Owner and Contractor and added as a written contract modification in
compliance with the Purchasing Policy. Total Compensation for all Work to be performed under this
Exhibit A shall not exceed sixty seven thousand and thirty four dollars ($67,034.00) without prior
written approval in the form of a properly executed Change Order in compliance with Purchasing
Policy.
Property Address: 4735 6a' Avenue SE 34117 (08 -07)
Item
Category of
Description
$ Material
$ Labor
$ Total
Status
Work
cost
Cost
1
NOC and
50
Incomplete
Termination of
NOC Filing Fees
2
Permits
400
Incomplete
1
Impact Glass 1
Manufacturetpurchase, and
1200
400
1600
Incomplete
LOW-E
install new Miami -Dade storm
Windows (AID:
panels' at all exterior openings.
Use 1 clear panel at main living
area opening and each bedroom.
Mark panels for homeowner, take
photos for HHS, and properly
secure all panels in garage to
code. Reinstall locking bolts and
touch up stucco and paint.
2
Soffit and
Wash with soap and water
50
150
200
Incomplete
Fascia
replacement
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H
6/26/2012 Item 16.D.9.
3
Gutters
Clean debris from all gutters.
0
75
75
1 Incomplete
4
Stucco Repair
Power wash house and repair any
50
100
150
damage.
5-
Garaue Door 2
Wash door
0
50
50
Incomplete
car
6
Drain Field
Pump out existing drain field
0
625
625
Incomplete
System
system and inspect for
serviceability. Provide inspection
report with condition and location
of existing system
7
Water System
Reinstall complete new exterior
3000
500
3500
Incomplete
(Complete
water system to include — any
replacement)
pump(s), salt and /or potassium
tanks, tannin tank(s), filters, aerator
tanks hoses, minor electrical
components/connections etc. for a
complete new system to operate
as originally designed. Ensure
proper operation of well pump.
8
HVAC
Service and replace filters.
50
200
250
Incomplete
9
Secure all
We are asking to have all
500
250
750
Incomplete
outside
outside equipment
eaulpment
including HVAC, water
system and any other
items that could be illegally
removed, to be secured in
a fenced in area that has
easy access for service
and is lockable with 3
sides and top secured.
10
Exterior Paint
After stucco repair is fully cured,
500
1000
1500
Incomplete
prep and paint exterior walls and
trim. Contractor shall paint exterior
with quality mildew resistant
exterior paint. No paint shall be
applied until any cracks I holes
been puttied and all defects on
exterior have been repaired. All of
the surfaces will receive 2 coats of
paint (wait 24 hours between
coats). Any damaged items shall
be repaired to match original
condition. All exterior doors shall
be primed and painted on all
edges (6 sides). Proper paint for
Florida climate must be used on
exterior and paint to be used on
trim, soffits, fascia, jambs, and
casings. All exterior doors and
windows shall be cleaned and
excess paint removed upon
completion. NOTE: add new 4 inch
black address numbers: 4735 at
front elevation visible from the
street.
1
Closet Sheivina
Install shelving in master bedroom
100
50
150
Incomplete
and center left bedroom. Replace
with white plastic coated wire
shelving including mounting
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6/26/2012 Item 16.D.9.
Page -14-
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w
brackets and all necessary
hardware. In master bedroom,
duplicate shelving (two uppers and
shoe racks).
2
Minor Electrical
- Install 5 new 52" fan with light
488
488
976
Incomplete
and low voltage
kits (include bulbs) inside plus an
all weather fan at rear lanai.
- Replace 2 coach lights at garage.
- Install single pendant style light at
entry.
- Repair /replace doorbell.
-In garage (after converted)
replace existing and install new Oft
florescent ceiling fixture.
- Install any missing UL approved
smoke detectors, run on existing
circuit, including one in hallway,
one in living kitchen area, and
one in each bedroom.
- Replace kitchen lighting with
standard contractor grade light
- Replace any broken or missing
bulbs on property with energy
saver florescent bulbs.
- Properly install any exposed
cable N lines throughout home.
- Install exterior grade light at
lanai.
- Notify HHS of any additional
electrical items found during
repairs.
3
Kitchen
Replace base cabinets and
750
750
1500
Incomplete
Cabinets /
countertops (on site). Match
Counter/ Sink
wood cabinets with doors
and faucet
including all hardware. Install
matching laminate countertops
on site. Install a steel, metal
body faucet with a 15 -year drip -
free warranty, trap, supply lines,
and shut -off ,valves. All
hardware will have 3/8" supply
lines, aerator and V 0. D.
tailpiece. Installation shall
comply with FBC. New metal,
not plastic, shut -offs must be
supplied on all supply lines to
sink.
Ensure all gaps at seams, edges,
and joints are sealed and caulked to
provide a finished look.
4
Trim and
Minor drywall repair due to normal
25
125
150
Incomplete
Drywall
wear and tear. Repair and replace
all areas that need drywall work.
Repair or Replace any damaged
trim, use whole pieces of trim to
avoid splices if possible. Replace all
baseboards after floor replacement.
Note area behind guest toilet.
5
Interior Paint
Walls, Ceilings, All Doors and trim: 1
8001
1600
2400 1
Incom lete
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6/26/2012 Item 16.D.9.
Page -15-
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Note: this bid item included repairing
drywall holes/damage throughout
home. Repair minor drywall holes
by patching walls and ceilings. One
coat primer and paint all interior
walls and ceiling with white egg
shell or satin paint. Paint all interior
doors, trim, casing, and base
molding using white —semi gloss
finish. The finish coat in kitchens
and baths shall provide a durable
and washable surface and be
mildew resistant. Paint should have
an even coloration after drying with
no blotch ing or drips.
6
Guest
Vanity, Med cabinet, and mirror:
490
490
980
Incomplete
Bathroom
Replace plumbing hardware in sink
Guest
with new quality faucet with pop-up
Replacement
drain and new supply lines and shut
offs. Metal chrome handled
hardware with single lever/flow type
faucet Installation will comply with
FBC plumbing code.
7
Guest
Replace faucet with single lever
150
150
300
Incomplete
Bathroom
shower diverter and a massage low
Shower Tub
flow showerhead and include arm.
All should be chrome'finish to match
other items.
8
Master
Replace plumbing hardware in sink
750
750
1500
Incomplete
Bathroom:
with new quality faucet with pop-up
Vanity. Med
drain and new supply lines and shut
cabinet and
offs. Metal chrome handled
mirror
hardware with single lever/flowtype
faucet.
9
Master Bath
Repair any plumbing leaks.
150
150
300
Incomplete
Shower Tub
Replace faucet with single lever
shower diverterand a massage
"Water Saver" showerhead and
include arm. All should be chrome
finish to match other items.
10
ADA Toilets
At both bathrooms replace existing
400
400
800
Incomplete
toilets with_ADA type "Water
Saver' elongated toilets complete
with new valves, metal shut off,
lines, donut, wax ring, and toilet
seat. Complete any repairs to
guest toilet fill hole with concrete or
approv ed rout.
11
Complete floor
Remove existing floor throughout
3750
3750
7500
Complete
Replacement
house and replace with standard
(Invoice 179,
16x16 or larger ceramic tile.
check 858480
Include removal and replacement
check not
of similar type baseboard (See
released)
Trim and Drywall).
12
Post
After punch list items are
250
250
500
Incomplete
Construction
completed, ensure home is ready
Cleanina
for new homeowner by having a
Service
professional cleaning service enter
home. Clean all construction
related dust, sweep, mop, vacuum,
Page -15-
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6/26/2012 Item 16.D.9.
Property Address
Original Contract
09 -5248 Award
floors as applicable. Complete
Paid Under
Contract 09 -5248
Available
Balance
47356 Ave SE
$26,206
N/A
$0
kitchen and bathroom cleaning.
Cost
Cost
1
Exterior Entry
Windows cleaned inside and
$450
$450
$900
Incomplete
Door R @pairs
outside. Window screens washed.
Exterior and exterior of home must
have all cob -webs removed.
Ceiling fan blades cleaned.
TOTAL
deadbolt, both keyed alike.
$26,20
- Garage Service Door: Replace
6
Property Address
Original Contract
09 -5248 Award
Change Order
Paid Under
Contract 09 -5248
Available
Balance
47356 Ave SE
$26,206
N/A
$0
J$26,206
Property Address: 3870 4c' Avenue NE 34120 (09 -35)
Item
Category of
Description
Material
Labor
Total
Status
Work
Cost
Cost
1
Exterior Entry
- Front Door. Complete the finish
$450
$450
$900
Incomplete
Door R @pairs
work at front door exterior, insulate,
caulk, and stucco patch
as needed. Replace weather strip,
bug sweep, and replace lockset and
deadbolt, both keyed alike.
- Garage Service Door: Replace
lockset and deadbolt, keyed alike.
Also install new weather-
strips and bottom door sweep.
- Garage Side Ext. Door: Replace
with new pre -hung fiberglass door
to include all necessary hardware,
deadbolt and lockset keyed alike.
Note: All newly replaced
locksets/deadbolts above should be
able to operate on the same key,
minimum of two sets of same keys
2
Window and
Keeping existing windows and
150
150
300
Incomplete
Slider Door
sliders, clean and lubricate window
Repairs
and door tracks, replace slider door
rollers, clean and tube all locking
mechanisms. Return components
to operate per manufacturer's
specifications. Adjust slider door
locking mechanisms to secure
properly as needed.
3
Interior Doors
- Bathroom#[ (Left): adjust pocket
253
253
506
Incomplete
and Closets
door, clean and lube to operate
Repairs
smoothly.
- Bathroom#[ (Left): install missing
closet hi -fold doors, louvered or flat
ok.
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6/26/2012 Item 16.D.9.
Page -17-
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- Mstr Bdrm (left front): remove and
replace closet deadbolt with a
bedroom door lockset.
- Mstr Bdrm (left front): repair dog
scratch damage at door casing, fill in
to match original.
- Mstr Bdrm (left front): install approx
12In.ft. of new wire shelving and one
existing Sft section.
- Bedroom#2 (right front): remove
ceiling fan, install wire nuts and cap
atj -box.
- Bedroom#2 (right front): install I
missing duplex outlet cover.
- Bedroom#2 (right front): install I
missing door -stop.
- Laundryroom: install missing
doorknob I lockset.
4
Ceramic Floor
Remove and replace floor tile
4133
4133
8266
Incomplete
Tile
throughout entire home to include
removal in garage addition. NOTE:
I
the garage will not be re- tiled.
Install new US Standard quality or
equal at all legal living areas of
home. Include coating at cracks to
prevent future cracking at slab. All
surfaces must be clean and level
before applying ceramic tile. All tie
must be placed to attain uniform
spacing, and level with other tie,
using approved style latex - portland
cement or equal. All flooring is to
be stable and non - flexing before
installing ceramic tie. All joints and
surfaces are to be fully grouted to
the full depths of units. All surfaces
must be cleaned and polished upon
completion of work. Include new
base molding throughout in this bid
item, similar size as existing
molding.
5
Miscellaneous
- Exterior remove debris from
365
365
730
Incomplete
Repairs
perimeter to include wood, paper,
glass, plastic, paint bucket etc.
- At kitchen sink base: install new
white melamine type board
caulked in place.
- Bathroom#2 (Right): replace
medicine cabinet.
- Both Bathrooms: re -grout I re-
caulk tub /shower and surround.
- Mailbox post: Install new mail box
with post, include numbers 4460
on mailbox door or side.
6 .
Minor
- install new florescent bulbs
635
1000
1635
Incomplete
Electrical and
throughout home.
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6/26/2012 Item 16.D.9.
Page -18-
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.low voltaae
- Exterior. install 2 basic coach
lights at front elevation.
- Exterior. install 1 wall light at left
elevation by side door.
- Exterior at rear porch, install 1
weather -proof cover at GFCI
outlet.
- Exterior at rear porch, install 1
exterior flush mount ceiling fixture.
- Exterior (left): replace 1 broken
wall light with globe.
- Entryway: replace inoperable
door bell system.
- Kitchen: install 3 missing duplex
outlet covers.
- Kitchen: replace range hood with
similar ducted white unit.
- Living /Family Rm: re -secure 1
loose duplex outlet and install
cover.
- Living/Family Rm: re- secure
(loose duplex outlet and 2 missing
duplex covers.
- Living /Family Rm: reinstall cable
outlet and 2 covers.
- Living /Family Rm: replace ceiling
fan with similar, check circuit.
- Bathroom#( (Left): install a bath
vent fan with circuit and wall switch
as needed.
- Bathroom#2 (Right): install a bath
vent fan with circuit and wall switch
as needed.
- Mstr Bdrm (left front): re- secure
one duplex outlet and add cover.
- Mstr Bdrrri (left front): re- secure
two loose cable outlet covers.
- Mstr Bdrm (left front): install black
ceiling fan from garage in master
bedroom.
- Laundry room: replace dryer
outlet with new 4 -prong outlet
(include wiring as needed).
- Laundry room: install 2 missing
duplex outlet covers.
- Garage: replace 1 cracked dual
wall switch plate cover.
-Smoke Detectors (all): replace 2
existing smoke detectors in
hallways and add 1 more in each
bedroom on existing circuit (total of
5) new UL approved with battery-
back up, include new batteries.
- Notify HHS of any additional
electrical items found during
repairs.
7
Minor
- Exterior (left): replace 1 missing
1040
1040
2080
100%
Plumbin
hose bib.
Complete
Page -18-
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6/26/2012 Item 16.D.9.
Page -19-
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- Kitchen: replace sink, faucet with
sprayer, shut off valves, hoses,
and waste drain.
- Bathroom#1 (Left): replace toilet
with new comfort- height with seat,
valve, line, donut etc.
- Bathroom#1 (Left): replace vanity
faucet, shut off valves, lines, waste
drain and stopper.
- Bathroom#I (Left): replace
bathtub diverter valve, faucet,
nozzle, and low flow showerhead.
- Bathroom#2 (Right): replace
vanity faucet, shut off valves, lines,
waste drain and stopper.
- Bathroom#2 (Right): replace
bathtub diverter valve, faucet,
nozzle, and low flow showerhead.
- Laundry room: replace washer
lock box with new valves and
hammer arrestors.
- Garage: Install new 40gal water
heater necessary
plumbing /electrical connections,
draintube, and drip pan
underneath. Use energy star or
most energy efficient model.
8
Screen
-Front entry: replace front
475
475
950
Incomplete
Repairs
aluminum screen door with
necessary hardware. Also rescreen
front entry.
-Rear Porch: replace right rear
screen door locking mechanism at
pool deck. Also replace
tom /missing screen enclosure
screen panels at pool cage
Window Screens: reinstall missing
screen frames at windows.
Rescreen any tom or worn window
screens throughout
9
Interior Paint
Walls, Ceilings, All Doors and trim:
800
1600
2400
incomplete
Note: this bid item includes
repairing minor drywall
holes/damage throughout the unit.
Remove any decals/stickers/wall
paper throughout Repair minor
drywall holes by patching, spackle
at walls and ceilings unless
otherwise prescribed. One coat
primer and paint all interior walls
color paint and ceiling with white
satin paint. All interior doors /trim
/casing /base molding painted
using white —semi gloss finish.
Page -19-
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6/26/2012 Item 16.D.9.
Page -20-
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The finish coat in kitchens and
baths shall provide a durable and
washable surface and be mildew
resistant. Paint should have an
even coloration after drying and no
blotching or
drips. White paint on ceilings,
colored paint on walls. Includes
garage walls, ceiling.
10
Drain Field
Pump out existing drain field
0
550
550
100%
System
system and inspect for
Complete
serviceability. Provide inspection
report with condition and location
of existing system
11
Water System
Reinstall complete new exterior
3000
500
3500
Incomplete
Repairs
water system to include any
pump(s), salt and /or potassium
tanks, tannin tank(s), sand filters,
non - aerator tank type system,
hoses, minor electrical
components/connections etc. for a
complete new system to operate
as originally designed. Also: at
well -head, repair
vandalism /damage to electrical and
water line connections.
12
Pool and Deck
Return pool to healthy serviceable
500
2000
2500
Incomplete
repairs/service
condition. Hire pool sub - contractor
to clean and sanitize pool. Make
repairs to pool finish, reconnect
plumbing, perform leak test, seal
any leaks, include repairs/replacing
of all unserviceable or missing
pool equipment, install new filter in
order to return pool to a healthy
state. Chlorinate pool as needed.
At pool deck; remove all dirt,
debris, weeds. Return pool deck to
like new condition. Provide 6
months of pool service and
cleaning in writing, from date of
project award, transferable to the
future homeowner
13
AC System
Clean and service AC system
0
400
400
Incomplete
Service
includes cleaning coils at AH and
CU, ensuring refrigerant is full and
repair of any leaks. Lines properly
re- wrapped with insulation, and
drain tub is cleared of any debris.
Tape and mastic any loose duct
joints in attic. Return AC system to
`manufacturer's recommended
operation. NOTE: includes
disconnecting /abandoning any
AC returns or supply ducts to and
from the garage
14 1
Property
Provide monthly service consisting
0,1
900 1
900 1
Incomplete
Page -20-
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6/26/2012 Item 16.D.9.
Page -21-
Packet Page -1506-
Maintenance
of the following for bi- weekly visits:
and Security (6
ensure all windows and doors and
months )
garage door if applicable are
secured, lights turned off, inspect
for and immediately report
vandalism to HHVS, run water at
plumbing fixtures for 5 minutes,
flush toilets, check for leaks
throughout, ensure exterior of
property is neat and free of
litter /debris, all for 6 months from
date of award letter. This bid line
item is renewable on a monthly
basis upon approval of change
order as needed until property is
sold. Report any deficiencies to
HHVS for action.
15
Minor
Return garage to non living space.
300
300
600
100%
Demolition
Include removal and abandon any
Complete
illegal plumbing and electrical,
framing, drywall, closets. Floor tile
removal is covered in item# 4
above. Minor drywall and stucco
patching inside garage are covered
in item#9 above as part of paint
prep.
16
Post
After punch list items are
100
400
500
Incomplete
Construction
completed, ensure home is ready
Cleanina
for new homeowner by having a
Service
professional cleaning crew enter
home. Clean all construction
related dust, sweep, mop, vacuum,
clean floors as applicable.
Complete kitchen and bathroom
cleaning. Windows cleaned inside
and outside. Window screens
washed. Exterior and exterior of
home must have all cob -webs
removed. Ceiling fan blades
cleaned.
17
General
Includes necessary fees for project
0
400
400
Incomplete
Contractor
duration for. permitting, supervisor
Services
fees, port-a -let, and dumpster•(s) as
needed.
TOTAL
$27,117
Page -21-
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6/26/2012 Item 16.D.9.
C01
Chance Order
Replace sliding glass door panels
Paid Under
Contract 09 -5248
Available
Balance
934
Incomplete
$7061
1
$34,178
CO2
Chance Order
Install theft deterrent enclosures for
1200
Incomplete
2
air conditioning equipment, well
equipment and pool equipment
CO3
Chance Order
Replace stolen air conditioning unit
4557
Incomplete
3
with a 3 ton, 16 seer, R410A,
central heating (8KW Heat) &
cooling system, digital thermostat,
new refrigeration lines, new air
handler, replace all grills, 10 year
warranty on compressor, coil,
condenser parts, evaporator coil
and air handler parts
2?'&--)-i 7(, 3i iMe ✓ n '
CA�r NLY-) 1'1� 'Dr.>4.L v �
�> a'»e5 . VI
C04
Chance Order
Repair well pipe that was broken
370
Incomplete
4
and re-prime the wells stem
CHANGE
$7,061
ORDER TOTAL
Total of Items
$34,178
1 -17 plus all
change orders
Property Address
Original Contract
09 -5248 Award
Change Order
Paid Under
Contract 09 -5248
Available
Balance
3870 4 Ave NE
$27,117
$7061
$0
$34,178
Property Address: 2975 4T1H St NE 34120(09 -34)
Item I Category of I Description Material Labor Total Status
Cost Cost
Page -22-
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6/26/2012 Item 16.D.9.
1
Exterior Entry
At all existing exterior doors, replace
140
140
280
Incomplete
Door Repairs
all existing locksets and deadboits
(key all alike), provide two sets of
keys. Replace weather strip at all
exterior doors and add door sweeps
at each single entry door - bottom.
2
Window Repairs
- Re -caulk all windows.
238
238
476
Incomplete
- Living room: Repair one inoperable
window next to French door on first
floor.
- Bathroom#I (right rear): replace
broken window pane with frosted
glass.
- Bathroom#2 (right front): replace
window panes with frosted glass.
3
Screen Porch
Replace / re- secure all broken and
205
205
410
Incomplete
repall
missing screens at both screen
porches and well equipment pump
house. Replace broken screen doors
(2), one at front entry, and one at left
porch. Includes new hardware,
actuators, and locking mechanisms.
4
Closet repairs
- Bedroom #l: install louvered hi -fold
300
300
600
Incomplete
doors and install white wire shelving
at closet.
- Bedroom# 2 & 3 (upstairs): install
louvered hi -fold doors at each newly
framed closet and install white wire
shelving at each new closet.
5
Kitchen
Existing kitchen design remains
3000
500
3500
Incomplete
Cabinets /
however some additional uppers
Counter /Sink
(30 "x12 and 30 "xW') and base
and faucet
cabinets will be added at the left
kitchen wall, and complete new
counter tops installed. Remove
existing cook -top completely.
Replace all existing counter -tops and
replace with new formica type
counters (no new cook top will be
installed). Include a flinch
backsplash, fully caulked and sealed.
Add additional base cabinets with
counter tops at "left wall" in kitchen
- leaving room for a standard size
range (to be installed by other).
Ensure all gaps at seams, edges,
joints are sealed /caulked to provide
a finished look. Also, remove existing
double oven, knock down existing
pantry partition wall and install 3-4
white wire shelving. Also repair
existing drawers and drawer face(s)
to operate freely.
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6/26/2012 Item 16.D.9.
6
Drain Field
Pump out existing drain field system
0
550
550
Incomplete
System
and inspect for serviceability. Provide
inspection report with condition and
location of existing system.
7
Water System
Reinstall complete new exterior (non
3000
500
3500
Incomplete
(Complete
aerator) water system to include any
replacement)
pump(s), salt and/or potassium tanks,
tannin tank(s), sand filters, minor
electrical components/connections
etc. for a complete new system to
o rate'as originally desi ned.
8
Electric Water
Provide and install a glass - lined, 325
325
650
Incomplete
Heater (40 oal)
quick recovery, electric water heater.
Heater shall include pressure and
temperature relief valve, discharge
tube to within
6 inches of floor or to outside of
structure, shut -off valve and electric
supply. Heater shall be
220 volt, double element, 4500 watts
with minimum 5 -year manufacturer's
warrantee. New heater shall be of
the same size/gals. as the defective
one, or a minimum of 40-gallon
capacity.
Include plastic drain pan under new
water heater.
9
Drywall I
- Bathroom#} (right rear) repair and
580
580
1160
Incomplete
Framino I and
replace as needed any damaged
Insulation
drywall, comer beads, re-
repalrs (Paint
tape joints, and mud in preparation
bV
for paint on separate bid item.
homeowner):
- Bedroom#I (right rear) re -frame for
closet bi -fold doors at existing closet
location. Finish securing and taping
closet drywall in preparation for wire
shelving and paint on other bid spec
item.
- Bedrooms 2 & 3 (Upstairs): finish
the ceiling drywall comer bead at loft
vaulted ceiling and at
left wall outlet. Also frame out and
drywall for 2 closets and prep for bi-
fold doors on separate bid item. Also
remove excess drywall
texture/overspray on wood ceilings.
- Bathroom#2 (right front) remove
existing wall paneling /trim along right
wall. Repair and replace with
drywall, comer beads, re -tape joints,
and mud in preparation for paint on
separate bid item.
- Kitchen/Breakfast area: add framing
members, vapor barrier, insulation
and install drywall at
three outer walls. Extending outlets
out to newly framed position covered
under "minor electrical" bidspec.
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6/26/2012 Item 16.D.9.
Page -25-
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- Living room and Bedroom# I (right
rear): at windows install insulation
and drywall between windows (will
identify at pre - construction meeting).
10
Minor
- Kitchen: Install a 33 "x22 "x8" double
465
465
930
100%
Plumbing
bowl, stainless steel, self- rimming
Complete
kitchen sink, sealed and caulked.
Install a steel, metal body faucet with
a 15 -year drip -free warranty, trap,
supply lines, and shut -off valves. All
hardware will have 3/8" supply lines,
aerator and 1" O.D. tailpiece.
Installation shall comply with FBC.
New metal, not plastic, shut -offs will
be supplied
on all supply lines to sink. Note: may
need to re -route plumbing away from
main electrical panel.
- At both bathtubs: Replace tub
fixtures, diverter valves, waste drains
with stoppers, and low flow shower
heads.
- At both vanities: replace faucet,
shut off valves, hoses, with new pop
up drain stoppers.
- Laundry: repair and secure existing
pvc lines. Install new laundry box
with valves and hammer arrestors;
includes relocating plumbing to meet
code for "stackable" washer /dryer so
as not to interfere with the electrical
panel and air handler unit.
11
Base Moldina
At both upstairs bedrooms and newly
125
125
250
Incomplete
framed closets: install new
baseboard molding.
12
Toilets (2 total)
At both bathrooms, replace existing
400
400
800
100%
toilets with Comfort- height type
Complete
elongated toilets complete with new
valves, lines, donut, wax ring, and
toilet seat.
13
Minor Electrical
- Install new florescent bulbs
935
1000
1935
Incomplete
and low voltage
throughout home.
(use florescent
- Service Panel: inspect wiring, repair
bulbs where
connections, re -mark circuits at
possible):
breaker panel, install panel cover.
- Property secure all exposed wiring
and connections throughout home.
- Whole house: replace all duplex I
wall outlets and wall switches with
new to include covers.
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6/26/2012 Item 16.D.9.
- uvmg room: remove existing ceiling
fan and drop chain with cord. Re-
center ceiling fan j -box over living
room and install a 52 -54 inch ceiling
fan with light kit on a down rod so fan
sits approx 10 or 12 feet from floor.
- Kitchen/Dine: replace ceiling light
over sink with new florescent fixture.
- Kitchen /Dine: install 3 GFCI outlets
at kitchen circuit along sink wall.
- Kitchen/Dine: install 2 new outlets
above new cabinets at left wall.
- Kitchen: move current range circuit
to left wall for a future free- standing
range.
- Kitchen: add new microwave circuit
and outlet to cabinet above the
range.
- Laundryroom: relocate washer /dryer
outlets from current location to
accommodate a future "stackable"
washer /dryer between air - handler
and main electrical panel.
- Laundryroom: install GFCI outlet at
washing machine outlet.
- Bathrooms: replace both vanity light
fixtures.
- Stairs: relocate wall light switch at
bottom of stairs to nearest wall at
bottom of stairs. Also install new wall
light and wiring to light staircase.
- Bedrooms (all): install AFCI outlets
at main breaker panel or in each
bedroom.
- Bedroom#2 (top /left): install light
circuit, wall switch, and j -box with
ceiling light.
- Bedroom#3 (toptright): move
existing ceiling light fixture to the right
to allow room for new closets. Keep
existing circuit and wall switch.
- Bedroom#3 (top /right): add 1 new
duplex outlet at wall.
- Bedroom#3 (top/right): split existing
cable at far wall and install two new
cable outlets in each bedroom (rehab
specialist will mark) to make room for
new closets.
- Exterior replace missing light globe
at porch light next to French doors.
- Installs new UL approved smoke
detectors, run on existing circuit to
each bedroom (3) and two hallways
(outside bedrooms).
-Notify HHS of any additional
electrical items found during repairs.
14 1 Fire -place clean I - Upstairs: at fireplace access panel, 0 300 300 1 Incomplete
and inspect: I remove existing panel and install a
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6/26/2012 Item 16.D.9.
Page -27-
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"tongue and groove" panel, screwed
in place.
- Bedroom #1 (right rear) patch tile at
closet floor with similar tile and grout.
- Bathroom# I (right rear) replace
medicine cabinet.
- Bathroom#I (right rear) trim inch
off bottom of bathroom door to swing
properly.
- Bathroom#1 (right rear) Add two
towel bars.
- Install new dryer vent kit to include
ducting to outside, vent cover.
- Install new mailbox with numbers
2975 in right of way
15
Miscellaneous
- Upstairs: at fireplace access panel,
255
500
755
Incomplete
Repairs
remove existing panel and install a
"tongue and groove" panel, screwed
in place.
- Bedroom #1 (right rear) patch tile at
closet floor with similar tile and grout.
- Bathroom #1 (right near) replace
medicine cabinet.
- Bathroom #I (right rear) trim inch off
bottom of bathroom door to swing
properly.
- Bathroom #1 (right rear) Add two
towel bars.
- Install new dryer vent kit to include
ducting to outside, vent cover.
- Install new mailbox with numbers
2975 in right of way.
16
Exterior Walls
At left and right entry walls along roof
125
125
250
100%
line, replace rotted T -111 with
Complete
similar (hardboard/thm/ and flashing),
prime and touch -up paint to match
existing as close as possible.
17
Post
After punch list items are completed,
100
400
500
Incomplete
Construction
ensure home is ready for new
Cleanina
homeowner by having a professional
Service
cleaning crew enters home. Clean
all construction related debris: dust,
sweep, mop, vacuum, floors as
applicable. Complete kitchen and
bathroom cleaning. Windows
cleaned inside and outside. Window
screens washed. Exterior and
exterior of home must have all cob-
webs removed. Ceiling fan blades
cleaned. Includes cleaning wood
floors on second level.
18
Property
Provide monthly service consisting of
0
900
900
Incomplete
Maintenance
the following for bi- weekly visits:
and Security (6
ensure all windows and doors and
months )
garage door if applicable are
secured, lights turned off, inspect for
and immediately report vandalism to
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6/26/2012 Item 16.D.9.
Property Address
Original Contract
09 -5248 Award
HHS, run water at plumbing fixtures
Paid Under
Contract 09 -5248
Available
Balance
2975 4 St NE
$18,146
$0
$11,496
for 5 minutes, flush toilets, check for
leaks throughout, ensure exterior of
property is neat and free of
litter /debris, all for 6 months from
date of award letter. This bid line
item is renewable on a monthly basis
upon approval of change order as
needed until property is sold. Report
any deficiencies to HHS for action.
19
Post
Removed from contract.
0
0
0
Removed
Construction
Cleaning
Services
20
General
Includes necessary fees for project
0
400
400
Incomplete
Contractor
duration for: permitting, supervisor
Services
fees, port-a -let, and dumpstegs) as
Ineeded.
TOTAL
$18,146
Property Address
Original Contract
09 -5248 Award
Change Order
Paid Under
Contract 09 -5248
Available
Balance
2975 4 St NE
$18,146
$0
$11,496
$6,650
CZE
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6/26/2012 Item 16.D.9.
Completion of Rehabilitation of Residential Structures for Nelahborhood Stabilization
Proaram
EXHIBIT B
CERTIFICATE OF FINAL COMPLETION
WORK PROJECT ADDRESS:
CONTRACTOR: Vincent Raymer, G.C.
Contract For
Contract Date
This Certificate of Final completion applies to completion of the following Category(s) of Work (COW)
under the Contract Exhibit A: (Provide number and description of each completed COW as a list
or attachment.)
-he Work to which this Certificate applies has been inspected by authorized representatives of
OWNER and CONTRACTOR, and that the above referenced COW is hereby declared to be finally
complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
CONTRACTOR accepts this Certificate of Final Completion on , 2012
CONTRACTOR
By: Vincent Raymer, G.C.
OWNER accepts this Certificate of Final Completion on , 2012
OWNER
By:
Type Name and Title
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6/26/2012 Item 16.D.9.
Completion of Rehabilitation of Residential Structures for Neighborhood Stabilization
Prouram
EXHIBIT
Grant Agency Requirements
APPLICABLE LAWS AND REGULATIONS
Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in whole
to the NSP. The applicable laws, regulations, and Executive Orders, classed generally by
compliance area, include but may not be limited to the following.
GENERAL REQUIREMENTS
• The Housing and Community Development Act of 1974, as amended and as implemented by
the most current HUD regulations (24 CFR Part 570).
• Federal Register Docket No. FR- 5447 -N -01: Notice of Formula Allocations and Program
Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010.
• U.S. Department of Housing and Urban Development's Playing by the Rules: A Handbook for
CDBG Sub - recipients on Administrative Systems.
CIVIL RIGHTS
• Title VI - Civil Rights Act of 1964.
• Section 109 - Title I - Housing and Community Act of 1974.
• Title VIII of the Civil Rights Act, 1968 (Fair Housing Act), as amended. 42 U.S.C. 3601.
• Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990.
• Executive Order 11246 - Equal Employment Opportunity, as amended by Executive Order
11375, Parts 11 and III.
• Executive Order 11063 - Equal Employment Opportunity, as amended by Executive Order
12259.
• Section 3 of the Housing and Development Act of 1968, as amended Section 118 of Title I,
Community Development and Housing Act, 1974.
• Age Discrimination Act of 1975.
• Executive Order 12432: National Priority to Develop Minority and Women Owned Businesses.
• Section 504 of the Rehabilitation Act of 1973 and implementation regulation (24 CFR Part 8).
ACQUISITION AND RELOCATION
• The Uniform *Relocation Assistance and Real Property Acquisition Policies Act of 1970 (46
U.S.C. 4601 and regulations at 49 CFR, Part 24).
HOUSING
• The Truth in Lending Act (Regulation Z).
• Title I Consumer Protection Act (PL 90321).
Page -30-
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6/26/2012 Item 16.D.9.
• _ The Lead Base Paint Poisoning Prevention Act (42 U.S.C. 4831 -5 et al.) and HUd
implementing regulations (24 CFR Part 35).
• The Residential Lead -Based Paint Hazard Reduction Act of 1993 (PL 102 -550).
• The National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C., 5401 et. seq., as amended).
• Manufactured Housing Act (O.C.G.A. Sections 8-2 -130 and 160 et. seq.).
• Construction Industry Licensing Board Act (O.C.G.A. Section 43- 14 -8).
• The Fire Administration Authorization Act of 1992 (PL 102 -522).
ENVIRONMENTAL
• Title I of the Housing and Community Development Act, Section 104(8) — as amended (42
U.S.C. 5304) and published in 24 CFR Part 58.
• Section 306 of the Clear Air Act (42 U.S.C. 1857(h))
• Section 508 of the Clean Water Act (33 U.S.C. 1368).
• Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
• Energy Policy and Conservation Act (Pub. L.94 -163).
LABOR STANDARDS
• The Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by
Department of Labor regulations.
• The Davis -Bacon Act (40 U.S.C. 276(a) to (a -7), as supplemented by Department of Labor
Regulations.
• The Davis -Bacon Act (42 U.S.C. 5310).
• The Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented by Department of Labor
regulations.
OTHER
• Conditions prohibiting inherently religious activities (24 CFR 570.2000)).
HOUSING REHABILITATION REQUIREMENTS
• The Common Rule 24 CFR 85 - applies if the direct party of the construction contract. This
rule requires a competitive procurement.
• Federal Labor Standards — Only in certain situations. Davis -bacon wage rate are applicable
when NSP funds are used for rehabilitation of more than 8 housing units in one project.
• Lead -Based Paint Hazard Elimination (24 CFR Part 35) — These rules include inspection,
testing, risk assessments, hazard control or abatement, safe work practices, clearance and
notification /disclosure requirements.
• Section 3 Clause of the Urban Development Act of 1968, and as implemented by HUD
regulations at 24 CFR Part 135 applies (regardless of the dollar amount of the contract) in the
following situations:
• If the Recipient contracts directly for rehabilitation services or acts as an agent for the
homeowner, i.e., signs the rehabilitation contract.
• If the Recipient provides homeowners with a list of contractors eligible to participate in
the local rehabilitation program, the Recipient should assure that eligible Section 3
business concerns located or owned in part by residents of the area are also included
on the list.
Page -31-
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6/26/2012 Item 16.D.9.
o If the individual homeowner contracts directly for rehabilitation services and the
Recipient is not a party to the contract, the Section 3 requirements do not have to be
followed.
• Section 104(d) of the Housing and Community Development Act is applicable if rental units are
converted to non- "low and moderate income dwelling units" or if occupied or occupiable
housing units are demolished. See HUD regulations at 24 CFR Part 570.606 and 24 CFR Part
42.
• The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended,
and as implemented by DOT regulations 49 CFR Part 24, is applicable if tenants or
homeowners (regardless of income) are displaced in conjunction with a NSP activity.
• The Truth-In- Lending Act (Regulation Z) (USC 1601, et. seq.) which applies to any loan
transaction between the Recipient and the homeowner provided the Recipient meets the
criteria of being a "creditor", as defined by the Federal Reserve System
EQUAL OPPORTUNITY, FAIR HOUSING, AND ACCESSIBILITY
GENERAL
The regulations pursuant to Title I of the Housing and Community Development Act require applicants
to assure through certification that all activities will be conducted in accordance with Section 109 of
the Act (the nondiscrimination clause), Title VI of the Civil Rights Act of 1964, Title Vill of the Civil
Rights Act of 1968, and Executive Orders 11246 and 11063. These requirements are briefly
described below:
1. Title VI of Civil Rights Act of 1968 Nondiscrimination in any programs or activities receiving Federal
financial assistance.
AW
2. Section 109 of Title I — Housing and Community Development Act of 1974 Nondiscrimination in any
program or activity subject to the provisions of this title. No person in the United States shall on the
ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity funded in whole or part under this
Title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of
the Rehabilitation Act of 1973 shall also apply to any such program or activity.
3. Title VIII of the Civil Rights Act of 1968, as amended. Prohibition against discrimination based on
sex.
4. The Fair Housing Law Provides protection against the following acts, if they are based on disability,
race, color, religion, sex, national origin, or family status:
• Refusing to sell or rent to, deal or negotiate with any person Discriminating in terms or
conditions for buying or renting Housing
• Discriminating by advertising that housing is available only to persons of a certain family
status, race, color, religion, sex, or national origin
• Denying that housing is available for inspection, sell or rent when it really is available
• "Blockbusting" - For profit, persuading owners to sell or rent housing by telling them that
minority groups are moving into the neighborhood
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6/26/2012 Item 16.D.9.
• . - Denying to anyone the use of or participation in any real estate services, such as brokers'
organizations, multiple listing services or other facilities related to the selling or renting of
housing
• Denying or making different terms or conditions for home loans by commercial lenders, such
as banks, savings and loan associations and insurance companies
5. Executive Order 11063 - Equal Opportunity in Housing, as amended by Executive Order 12259 —
All departments and agencies are directed to take all action necessary and appropriate to prevent
discrimination in housing and related facilities owned or operated by the Federal Government or
provided with Federal financial assistance and in the lending practices with respect to residential
property and related facilities (including land to be developed for residential use) of lending
institutions, insofar as such practices relate to loans insured or guaranteed by the Federal
Government.
6. Executive Order 11246 — Equal Employment Opportunity, as amended by Executive Order 11375.
Part II - Employment under Federal contracts. Non - discrimination in employment by government
contractors and subcontractors. Part III - Federally assisted construction contracts. Non-
discrimination in employment under federally assisted construction .contracts. Parts 11 and III are
administered by the Department of Labor.
7. Section 3 of the Housing and Development Act of 1968, as amended and as implemented by HUD
regulations at 24 CFR Part 135 Section 3 provides that to the greatest extent feasible, training and
employment opportunities shall be made available to lower income residents of project areas and that
contracts be awarded to small businesses located within the project area or owned in substantial part
by project area residents.
SECTION 504 REQUIREMENTS
Local government recipients and subrecipients must comply with Section 504 of the Rehabilitation Act
of 1973, as amended. This requirement is similar to the "Americans with Disability Act" (ADA) which is
also applicable. HUD published implementation regulations (24 CFR Part 8) as a final rule on June 2,
1988. The general requirement is that no otherwise qualified individual with a disability (physical or
mental) shall, because a recipient's facilities are inaccessible to or unusable by individuals with
disabilities, be excluded from participation in, denied benefits, or otherwise be subjected to
discrimination under any program or activity that receives NSP assistance. The definition of disability
includes physical and mental factors and also includes those who may be regarded as handicapped
(such as the spouse or children of a person with AIDS). Both building accessibility and employment
practices are covered by Section 504.
AFFIRMATIVELY FURTHERING FAIR HOUSING
Any Subrecipient must certify that it will affirmatively further fair housing, mandated under 24 CFR
570.602.
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
As amended, provides that, to the greatest extent feasible, opportunities for training and employment
shall be given to recipients of public housing and lower- income residents of the unit of local
government or the metropolitan area (or non - metropolitan county) in which the project is
' -jcated. Contract work in connection with such projects shall be awarded to business concems which
are owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan
Page -33-
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6/26/2012 Item 16.D.9.
county) as the project, employ Section 3 residents in full -time positions, or subcontract with
businesses which provide economic opportunities to lower income persons. Section 3 Regulations 24
CPR 135.
§ 135.38 Section 3 clause.
All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):
A. The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The
purpose of section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible,
be directed to low- and very low- income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD"s regulations in 24 CFR part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers" representative of the contractor's commitments under this section
3 clause, and will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice. The notice shall
describe the section 3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the anticipated date the
work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance
with regulations in 24 CPR part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract
with any subcontractor where the contractor has notice or knowledge that the subcontractor has been
found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that
are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's obligations under 24 CPR part 135.
F. Noncompliance with HUD "s regulations in 24 CPR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
G. With respect to work performed in connection with section 3 covered Indian housing assistance,
section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and employment shall be given to Indians,
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6/26/2012 Item 16.D.9.
and (ii)• preference in the award of contracts and subcontracts shall be given to Enaian orgarnzauons
and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of
section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in
derogation of compliance with section7(b).
DEBARMENT
Pursuant to 24 CFR 24, all NSP grantees are required to verify that any /all persons, contractors,
consultants, businesses, sub - recipients, etc. that are conducting business with the grantee, including
any city /county or the grantee itself, are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in the covered transaction or in any
proposal submitted in connection with the covered transaction. Verification will be checked through
the Excluded Parties Listing System (at website: ).
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