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Backup Documents 06/26/2012 Item #16D 9ORIGINAL DOCUMENTS CHECKLIST & ROUTING S 6D 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exce tion of the Chairman's signature draw a line through routine lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 6/26/2012 Agenda Item Number 16D9 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. QQ��. T V ,� rnar ''�'`� Number of Original 5. Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office - PRIMARY CONTACT INFORMATION 11b4.r.. (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff TJC�1(aP��Q. ,.j oi-c ihS� ff �� Phone Number N/A (Not Contact appropriate. (Initial) Applicable) Agenda Date Item was 6/26/2012 Agenda Item Number 16D9 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document QQ��. T V ,� rnar ''�'`� Number of Original Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Ian Hamilton in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 6/26/24121enter date) and all changes Yes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 160 9 , MEMORANDUM Date: June 29, 2012 To: Barbetta Hutchinson, Executive Secretary Housing, Human & Veteran's Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement /Contract for #09 -5248 Contractor: Vincent Raymor, G.C. Attached for your records is a one (1) certified copy and one (1) regular copy of the agreement /contract referenced above, (Item #16D9) adopted by the Board of County Commissioners on Tuesday, June 26, 2012. The original has been kept by the Minutes and Records Department as part of the Boards Official Records. If you have any questions, please feel free to contact me at 252 -7240. Thank you AGREEMENT 160 9 1-- 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 term 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 of 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: Page -1- I a. Non - performance of and /or deficient work 16D 9 � 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 to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Page -2- 160 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 internally 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, consumer, use and other similar taxes associated with the Work or portions thereof, which are 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. Page -3- 10. INSURANCE. T h e Contractor s hall provide insurance as follows: 160 9 A. Commercial General 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 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 Contractor/Vendor /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 Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /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 Page -4- 160 9 1 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 Page -5- 160 9 1 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 changed 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 Page -6- 16D 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 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 fumish 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. Page -7- 16D 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 specked 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- 16D 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 Page -9- 16D 9 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: . I&MIN�.. IN JOB, First Witness Type /Print Witness Name Second Witness Type /Print Witness Name Approved as to form and legal sufficiency: Jenniferr. White BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: IL4 W Fred W. Coyle, Chairma Vincent Raymer, G.C. Contractor By: Sig ure Ufrycc T 1Zg zd' Typed Signature SOU, Rlf6RZ,,Af 2--' Title Page -10- 160 91 Completion of Rehabilitation of Residential Structures for Neiahborhood Stabilization Prouram EXHIBIT A Scope 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 determined 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 6t' Avenue SE 34117 (08 -07) Item Category of Description $ Material $ Labor $ Total Status Work 1 Cost Cost 1 NOC and 50 Incomplete Termination of NOC Filina Fees 2 Permits 400 Incomplete 1 Impact Glass / Manufacture /purchase, and 1200 400 1600 Incomplete LOW -E install new Miami -Dade storm Windows (All): 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 Page -12- 160 9 3 Gutters Clean debris from all gutters. 0 75 75 Incomplete 4 Stucco Repair Power wash house and repair any 50 100 150 damage. 5• Garane 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 equipment 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 / 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 Shelving Install shelving in master bedroom 100 50 150 Incomplete and center left bedroom. Replace with white plastic coated wire shelving including mounting Page -13- 16D 9'j Page -14- 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 4ft 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 TV 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 1" O.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: 800 1600 2400 Incomplete Page -14- woumt, Page -15- Note: this bid item included repairing drywall holesidamage 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 blotching 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 /flow type faucet. 9 Master Bath Repair any plumbing leaks. 150 150 300 Incomplete Shower Tub Replace faucet with single lever shower diverter and 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 w1th new valves, metal shut off, tines, donut, wax ring, and toilet seat. Complete any repairs to guest toilet fill hole with concrete or approved grout. 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 Cleaning for new homeowner by having a Service professional cleaning service enter home. Clean all construction related dust, sweep, mop, vacuum, Page -15- 160 9 Property Address Original Contract 09 -5248 Award floors as applicable. Complete Paid Under Contract 09 -5248 Available Balance 4735 6 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 Repairs 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 4735 6 Ave SE $26,206 N/A $0 $26,206 Property Address: 3870 4th 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 Repairs 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 Slider Door Keeping existing windows and sliders, clean and lubricate window 150 150 300 Incomplete Repairs and door tracks, replace slider door rollers, clean and lube all locking mechanisms. Return components to operate per manufacturer's specifications. Adjust slider door locking mechanisms to secure properly as needed. 3 Interior Doors and Closets - Bathroom#I (Left): adjust pocket door, clean and lube to operate 253 253 506 Incomplete Repairs smoothly. - Bathroom#1 (Left): install missing closet hi -fold doors, louvered or flat ok. Page -16- Zbo 9 � Page -17- - 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 121n.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: 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 tile must be placed to attain uniform spacing, and level with other tile, using approved style latex- portland cement or equal. All flooring is to be stable and non - flexing before installing ceramic tile. 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 1 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. Page -17- 160 94 Page -18- low voltage - 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 Iloose 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#I (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 Bdrm (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% Plumbing hose bib. I Complete Page -18- 16n vi Page -19- - Kitchen: replace sink, faucet with sprayer, shut off valves, hoses, and waste drain. - Bathroom #I (Left): replace toilet with new comfort- height with seat, valve, line, donut etc. - Bathroom #I (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 m issing 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- 160 91 Page -20- 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 --+Provide from the garage 14 Prop a rty monthly service consisting 01 900 900 1 Incomplete Page -20- 16D 9 Page -21- Maintenance of the following for bi- weekly visits: and Security (6 ensure all windows and doors and garage door if applicable are months ) 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- 160 9'" C01 Change Order 1 Replace sliding glass door panels Paid Under Contract 09 -5248 Available Balance 934 Incomplete $7061 1 $34,178 Cost Cost CO2 Change Order Install theft deterrent enclosures for 1200 Incomplete 2 air conditioning equipment, well equipment and pool equipment CO3 Change Order Replace stolen air conditioning unit 4557 Incomplete 3 with a 3 ton, 16 seer, R41 OA, 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 ±� Z i �-t >"Z 3� R�rw ✓ C'j�t4 µL .Dc�,4L i4t°W COVC5. VfLI C04 Change 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 4r" St NE 34120 (0934) Item Category of Description -7 Material Labor Total Status Work Cost Cost Page -22- 160 91 1 Exterior Entry At all existing exterior doors, replace 140 140 280 Incomplete Door Repairs all existing locksets and deadbolts (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 repair8 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 #I: 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 WNW') 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 4inch 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) tooperate freely. Page -23- 160 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 operate as originally designed. 8 Electric Water Provide and install a glass - lined, 325 325 650 Incomplete Heater (40 nal) 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 / - Bathroom #) (right rear) repair and 580 580 1160 Incomplete Framing / and replace as needed any damaged Insulation drywall, comer beads, re- repairs (Paint tape joints, and mud in preparation by 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' bid spec. Page -24- 16D 9 Page -25- - 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 Molding 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 bulbs where possible): - Service Panel: inspect wiring, repair connections, re -mark circuits at breaker panel, install panel cover. - Properly secure all exposed wiring and connections throughout home. - Whole house: replace all duplex 1 wall outlets and wall switches with new to include covers. Page -25- 160 9') Page -26- - Living 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 (top /right): 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 Fire -place clean - Upstairs: at fireplace access panel, 0 300 300 Incomplete and inspect: remove existing panel and install a Page -26- 160 9 Page -27- "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 #I (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 rear) replace medicine cabinet. - Bathroom #1 (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 /trim/ 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 Cleanino 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 Page -27- 16D 9 1 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 dumpster(s) as needed. 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 Page -28- 16D 9 Completion of Rehabilitation of Residential Structures for Neighborhood Stabilization Program 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.) The 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 CONTRACTOR By: Vincent Raymer, G.C. 2012 OWNER accepts this Certificate of Final Completion on , 2012 OWNER Type Name and Title Page -29- 16D 9 Completion of Rehabilitation of Residential Structures for Neighborhood Stabilization Program EXHIBIT C 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, classified 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 II 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- 160 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 1 of the Housing and Community Development Act, Section 104(g) — 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- I 160 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 VIII 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. 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 Page -32- 160 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 II 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 located. Contract work in connection with such projects shall be awarded to business concerns which are owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan Page -33- 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 CFR 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 CFR part 135. F. Noncompliance with HUD "s regulations in 24 CFR 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, Page -34- 60 9 and (ii)- preference in the award of contracts and subcontracts shall be given to ndian organizations 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: ). Page -35-