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Backup Documents 09/30/2002 CRABOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY MEETING SEPTEMBER 30, 2002 NOTICE OF PUBLIC MEETING COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, COLLIER COUNTY, FLORIDA Monday, September 30, 2002 9:00 A.M. Notice is hereby given that the Collier County Community Redevelopment Agency (CRA) will meet in the Board of County Commissioner's Chambers on the Third Floor of the W. Harmon Turner Building (Building F) at the Collier County Government Complex, 3301 East Tamiami Trail, Naples, Florida, to conduct the business of the Community Redevelopment Agency at the above stated time and date. Copies of the agenda for said meeting will be made available to the press and may be obtained at the Public Information Office, located on the First Floor of the W. Harmon Turner Building or at the Community Development & Environmental Services Administration office at 2800 N. Horseshoe Drive. Any person who decides to appeal a decision of this Agency will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. COMMUNITY REDEVELOPMENT AGENCY, COLLIER COUNTY, FLORIDA Donna Fiala, Interim Chairman DWIGHT E. BROCK, CLERK By: Is/Maureen Kenyon Deputy Clerk September 17, 2002 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Meeting of the Community Redevelopment Agency Dear Georgia: Please advertise the above referenced notice on Sunday, September 22, 2002. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Carleen Edwards, Deputy Clerk Enclosure Charge Account #111-138317-649100 Carleen A. Edwards To: Subject: legals@naplesnews.com Notice of CRA Meeting 09/17/02 Attached herein is advertising for Sun. 09/22/02. Thank you. Notice of CRA Notice of CRA Meeting.doc Meeting,doc Carleen A. Edwards From: Sent: To: Subject: postmaster@clerk.collier.fl .us Tuesday, September 17, 2002 4:43 PM Carleen A. Edwards Delivery Status Notification (Relay) ATT256533.txt Notice of CRA Meeting This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Carleen A. Edwards From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, September 17, 2002 4:41 PM Carleen A. Edwards Delivered: Notice of CRA Meeting Notice of CRA Meeting <<Notice of CRA Meeting>> Your message To: legals@naplesnews.com Subject: Notice of CRA Meeting Sent: Tue, 17 Sep 2002 16:42:47 -0400 was delivered to the following recipient(s): legals on Tue, 17 Sep 2002 16:40:46 -0400 Naples DaiLy News NapLes, FL 34102 Affidavit of PubLication -Naples.Daily News. BOARD OF COUNTY COMNISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1111383176491 5852428~ NOTICE OF PUBLIC NEE State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News/ a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida/ each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person/ firm or corporation any discount, rebate/ commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 09/22 AD SPACE: 69.000 [NCH FILED ON: 09/23/02 ........ ..................................... Sworn to and Subscribed bef~l?e%me thi,~"~t~y Personally known by ..~ ,:~b NOTIC~ OF PUBLIC/t~.ETING COLLIF-R COUNTY ~NITY REDEVELOPMENT AGENCY, COLLIER COUNTY, FLORIDA Notice Is hereby {~ven] ~ the C~l~er ,,.,ommu~lty, Redey. el~.-. ment A~ency (CRA~ wm rneef In the Board of County Commlsstoner's Chambers on the"Thlrd Floor of ~ W. Harmon Turner Building (Building F) at the Collier Court/ Governmenf Complex, 3301 East Temloml Trail, Naples, Florida, to con. ducf the buslnass of the Community Redevelop- menf Agency af the l c~.e sti3tod time end Harmon Turner Bulldlngl or .al the Community De- I vmopmenf & EnvIron. I Istratkm aflice af 2~00 N./ Horseshoe Drive. J Any person ~ decldesJ to a~3eal a decIsion of l this-Agency will need al re<=rd of 'the procee~l Ings pertaining thoreto. I and therefore may nee(ii to ensure that a verbatim I record of lira ~roceec~ I Ings Is made, which re. I cord Include~ ~he tostl. I ~bas~ _<~'td evidonce upon J itle oplaecll IS to be J COMMUNITY REDE-I VELOPMENT AGENCY..I COLLIER COUNTY I FLORIDA ' / DWIGHT E. BROCK. t CLERK Y:/S/~N~aer~een Kenyofl No. 2~07382 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AGENDA September 30, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF yOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. ADOPTION OF AGENDA 3. BRIEF ADDRESS (5 MINUTES EACH) FROM EACH ADVISORY BOARD CHAIRMAN - BILL NEAL, BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD AND FRED N. THOMAS, JR., IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD. 4. STAFF UPDATES AND REPORT 5. GENERAL ITEMS FOR CONSIDERATION A. Recommendation that the Community Redevelopment Agency (CRA) support the travel of one advisory board member from each of the Redevelopment 1 September 30, 2002 Areas to the Florida Redevelopment Association Annual Conference in October 2002. Bill Neal and Clara Ayala to attend the conference - Approved 4/0 (Commissioner Carter Absent) BAYSHORE/GATEWAY TRIANGLE COMPONENT REDEVELOPMENT AREA ITEMS Recommendation that the Community Redevelopment Agency (CRA) authorize the development and implementation of a comprehensive overlay plan that addresses specific development standards and provides a vision for the redevelopment of the Bayshore/Gateway Triangle. Option 1 - Approved 4/0 (Commissioner Carter Absent) Recommendation that the Community Redevelopment Agency authorize Staff to initiate Phase II of the Bayshore Drive Mixed Use Zoning Overlay which is within the Bayshore/Gateway Triangle Redevelopment Area. Staff to implement Phase II - Approved 4/0 (Commissioner Carter Absent) Recommendation that the Community Redevelopment Agency approve the expansion of the Waterfront Subdistrict of the Bayshore Drive Mixed Use Zoning Overlay to include four additional lots located on Bayview Drive which is within the Bayshore/Gateway Triangle Redevelopment Area. Denied; Staff to evaluate as part of the plan - 3/0 (Commissioner Carter and Commissioner Henning absent) Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and authorize CRA Chairperson to sign an agreement with Collier County for a drainage and sidewalk improvement project on Linwood Avenue using $329,046 of Collier County's Community Development Block Grant (CDBG) funding. Approved - 3/0 (Commissioner Carter and Commissioner Henning absent) 7. IMMOKALEE COMPONENT REDEVELOPMENT AREA ITEMS Recommendation that the Community Redevelopment Agency (CRA) authorize staff to evaluate the impact of current Land Development Regulations on the Immokalee Community. Staff to further evaluate - 3/0 (Commissioner Carter and Commissioner Henning absent) B. Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and authorize CRA Chairperson to sign an agreement with 2 September 30, 2002 Collier County for the installation and/or upgrade of approximately 45 streetlights in Immokalee using $60,000 of Collier County's Community Development Block Grant (CDBG) funding. Approved - 3/0 (Commissioner Carter and Commissioner Henning absent) 8. ADJOURN INQUIRIES CONCERNING CHANGES TO THE CRA'S AGENDA SHOULD BF MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 3 September 30, 2002 Memorandum To: From: Date: Subject: Re: Maureen Kenyon, Supervisor Clerk of Courts - Minutes and Recor~ ~ / SoUc:::e~l~e:;~2tJD Grant Coordinator ~.qlr Subrecipient Agreement CDBG FY 2002-2003- Collier Housing Alternatives, Inc. Attached please find the original subrecipient agreement between Collier County and Collier County Community Redevelopment Agency for CDBG funding in the amount of $ 329,046 toward a comprehensive stormwater management and infrastructure program in the Gateway TrianglelShadowlawn neighborhood to reduce severe and dangerous flooding conditions on Kirkwood and Linwood Avenues, included in the County's Consolidated Plan One-Year Action Plan FY 2002-2003 as approved by the BCC on April 23, 2002 (Item SA). This was Item 6D on the CRA agenda of September 30, 2002. Please call me at 403-2339 if you have any questions. Thankyou. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator- Administrative Services Division Robert George, Purchasing Agent - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-01 -UC- 12-0016 THIS AGREEMENT, is entered into this ~>PPl day of 15'~ 20 ~., by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Collier County Community Redevelopment Agency, a separate legal entity charged with undertaking and implementing community redevelopment as allowed under Chapter 163, Part III of the Florida Statutes, having its principle office at 2800 North Horseshoe Drive, Naples, FL 34104, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the County and the Collier County Community Redevelopment Agency desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan, and Collier County Community Redevelopment Agency (CRA) Page 1 of 14 WHEREAS, the COUNTY desires to engage the Community Redevelopment Agency to implement such undertakings of the Community Development Block Grant Program as a worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "County" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "Financial Administration and Housing" means Collier County Financial Adnfinistration and Housing Department. "SUBRECIPIENT" means Community Redevelopment Association. "Financial Administration and Housing Approval" means the written approval of the Financial Administration and Housing Department or designee. "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by U.S. HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by Financial Administration and Housing, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by U. S. HUD under Grant No. B-01-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2003. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Parts VII. G., VIII. F. (e), VIII. H, and XII., below. Collier County Community Redevelopment Agency (CRA) Page 2 of 14 6g IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $329,046.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Financial Administration and Housing at its office, presently located at 3050 North Horseshoe Drive, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. XI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. XII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in Financial Administration and Housing Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Financial Administration and Housing. No payments will be made until approved by the Financial Administration and Housing Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify Financial Administration and Housing in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the Financial Administration and Housing Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, Collier County Community Redevelopment Agency (CRA) Page 3 of 14 o o o 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations which prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment. Collier County Community Redevelopment Agency (CRA) Page 4 of 14 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Co Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribe goal percentages for participation of minority businesses in Community Development Block Grant Contracts. Copeland Anti-Kickback Act Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements. 24 CFR Part 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Financial Administration and Housing for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and U.S. HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Collier County Community Redevelopment Agency (CRA) Page 5 of 14 Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Financial Administration and Housing Department or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by Financial Administration and Housing in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize Financial Administration and Housing's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to Financial Administration and Housing or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. Collier County Community Redevelopment Agency (CRA) Page 6 of 14 XIII. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. H. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT, if it should sub-contract to perform these services, then in all matters relating to this Agreement, as to any such sub-contractor it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -102 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record - Keeping 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. o All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the Collier County Community Redevelopment Agency (CRA) Page 7 of 14 o purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or Financial Administration and Housing. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to Financial Administration and Housing if requested. In any event the SUBRECIPIENT shall keep all documents and records for five (5) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to Financial Administration and Housing using Exhibit "C." The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-102 (Uniform Administrative Requirement for Federal Grants), A-87 (Cost Principle for State, Local, and Indian Tribal Government), 24CFR Part 84, and 24CFR Part 85 which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FINANCIAL ADMINISTRATION AND HOUSING, COUNTY, AND U.S. HUD REQUIREMENTS Financial Administration and Housing shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by Financial Administration and Housing , the County, or U.S. HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the Financial Administration and Housing Department or designee in order to be eligible for reimbursement. (a) (b) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; Collier County Community Redevelopment Agency (CRA) Page 8 of 14 (c) (d) (e) (0 All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Financial Administration and Housing, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Financial Administration and Housing, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to Financial Administration and Housing. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to Financial Administration and Housing, and said plan shall require the prior written approval of the Financial Administration and Housing Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Agency. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub- contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Collier County Community Redevelopment Agency (CRA) Page 9 of 14 IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the CDBG Annual Consolidated Plan approved by U.S. HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to Financial Administration and Housing upon Financial Administration and Housing's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that Financial Administration and Housing will carry out periodic monitoring and evaluation activities as determined necessary by Financial Administration and Housing or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to Financial Administration and Housing, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Financial Administration and Housing or the County. The SUBRECIPIENT shall, upon the request of Financial Administration and Housing, submit information and status reports required by Collier County Community Redevelopment Agency (CRA) Page 10 of 14 Financial Administration and Housing, the County or U.S. HUD on forms approved by Financial Administration and Housing to enable Financial Administration and Housing to evaluate said progress and to allow for completion of reports required of Financial Administration and Housing by U.S. HUD. The SUBRECIPIENT shall allow Financial Administration and Housing or U.S. HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by Financial Administration and Housing or U.S. HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to Financial Administration and Housing provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee Collier County Community Redevelopment Agency (CRA) Page 11 of 14 6D of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control which is acquired or improved in whole or part with CDBG funds in excess of $25,000 must adhere to the CDBG Regulations 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 25. Such regulations pertain to all HUD-assisted hosing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such Collier County Community Redevelopment Agency (CRA) Page 12 of 14 XI. XII. XIII. XIV. XV. notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fourteen (14) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of whom shall be deemed to be an original, and such counterparts will constitute one and the same instrument. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Collier County Community Redevelopment Agency (CRA) Page 13 of 14 WITNESS our Hands and Seals on this ~ day of~ 20 ~ . (SUBRECIPIENT SEAL) COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY COMMISSIONER DONNA FIALA, CHAIRPERSON Approved as to form and ~legal sufficiency: Patrick G. White Assistant County Attorney Attest a~ to Chal~'s sl~at~e only. COLLIER COUNTY, FLORID~ BY: C(~MJ~IUNITY DEVELOPMENT & ENVIRONMENTAL St~ICES Collier County Community Redevelopment Agency (CRA) Page 14 of 14 EXHIBIT "A' SCOPE OF SERVICES 6D I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The scope of the project is a comprehensive stormwater management and infrastructure program in the Gateway Triangle/Shadowlawn neighborhood to reduce severe and dangerous flooding conditions that result from heavy rains, tidal movement and prolonged wet periods. The project involved a new interconnected system of pipes, ponds and lift stations that will channel the water from two of the most flood impacted streets - Kirkwood Avenue and Linwood Avenue - down to a 2.5 acre holding pond and pump station on the north side of Lee Street where the water will be gradually discharged from the pond through the existing channel to the existing US 41 outfall and into the main outfall system. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to Financial Administration and Housing and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain Financial Administration and Housing approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain Financial Administration and Housing approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from Financial Administration and Housing for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that Financial Administration and Housing, in consultation with any parties Financial Administration and Housing deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Fo Mobilization Maintenance of Traffic Erosion Control 18" reinforced concrete pipe (rcp) 24" reinforced concrete pipe (rcp) Embankment Driveway Restoration Sodding Inlet boxes Sidewalk Stormwater Improvements Engineering Fees Land and easement acquisition Subtotal $ 17,500.00 $ 17,500.00 $ 9,5O0.00 $ 48,000.00 $ 58,046.00 $ 55,500.00 $112,000.00 $ 11,000.00 $329,046.00 $ 950.00 $ 950.00 $ 500.00 $ 1,500.00 $ 4,454.00 $ 4,500.00 $ 5O0.00 $ 1,000.00 $ 50,000.00 $ 65,000.00 $ 408,883.00 $ 60,331.00 $162,054.00 $ 760,622.00 Total $1,089,668.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to Financial Administration and Housing, on behalf of the County, as the Grantee, for Financial Administration and Housing approval, in a form specified by Financial Administration and Housing. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements contained in Exhibit C, attached hereto, for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIP1ENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants) and 24CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETA1NAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. Jo WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Survey and Design Work Completed Construction of holding pond and pump station September 2002 Installation of drainage piping, drain boxes and sidewalk May 2003 REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to Financial Administration and Housing outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for Financial Administration and Housing approval of invoices, etc. for reimbursement. EXHIBIT "B" PAYMENT REQUEST FORM TO: FROM: Denny Baker, Financial Administration and Housing 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 Collier County Community Redevelopment Agency 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 403-2903 RE: INVOICE REIMBURSEMENT Attached, you will find Invoice # $. , requesting reimbursement in the amount of The expenditures for this invoice covers the period through You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Payment by Financial Administration and Housing: Signed: DATE: Printed name of Financial Administration and Housing representative: EXHIBIT C CDBG Subrecipient Report Status Report for Month of 1. Subrecipient: Submittal Date: Mailing Address Contact Person Telephone: 2. Activity Status/Milestones: Fax: 3. Budget Status (if applicable): Activity Estimated Expenses Total Outstanding Amount Budget paid this Expenses Obligations requested month Paid to Date to Date 4. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor ID. Racial Contractor Address Subcontractor Contract Number /Ethnic & Phone No. Code Codes: 1. White 2. Black 3. American Indian/Alaskan Native 4. Hispanic 5. Asian/Pacific Islander For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below: TOTAL BENEFICIARIES This project benefits (households) or (persons). Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1" below. INCOME Of the households or persons assisted, are low/moderate income as indicated by the attached income chart. Enter this number in box "2" below. Of these low/moderate income persons or households entered in box "2", are low-income as indicated by the attached income chart. Enter this number in box "3" below. RACE This project assisted White, non-Hispanic households or persons REGARDLESS of income. Enter this number in box "4" below. This project assisted this number in box "5" below. This project assisted American Indian or Alaskan Native households or persons REGARDLESS of income. Enter this number in box "6" below. This project assisted Hispanic households or persons REGARDLESS of income. Enter this number in box "7" below. This project assisted Asian or Pacific Islander households or persons REGARDLESS of income. Enter this number in box "8" below. This project assisted in box "9" below. DATA VERIFICATION: Black, non-Hispanic households or persons REGARDLESS of income. Enter FEMALE HEAD OF HOUSEHOLD Female Head of Households REGARDLESS of income. Enter this number The sum of boxes 4,5,6,7 and 8 must equal the number in box "1". BOX I BOX 2 BOX 3 BOX 4 BOX 5 BOX 6 BOX 7 BOX 8 BOX 9 Total Low/ Low White not Black Not American Hispanic Asian or Female Number of Moderate lncome Hispanic Hispanic Indian or Pacific Headed Households income Origin Origin Alaskan Islander Household Assisted Native 6D '" PART A - SPECIAL EXHIBIT "D" ASBESTOS REQUIREMENTS CONDITIONS ASBESTOS - PROCEDURES FOR REHABILITATION AND DEMOLITION OF STRUCTURES: The provisions of this part apply to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. ASBESTOS NOTIFICATION Federal and state asbestos regulations require, prior to the rehabilitation or demolition of any structure: (1) an inspection for asbestos-containing materials (ACM), (2) removal of specified ACM, and (3) an asbestos notification of rehabilitation or demolition received at least ten (10) business days prior to demolition. To meet requirements #1 and #2 above, the Agency shall secure the services of a qualified company to survey the all structure(s) to be rehabilitated or demolished in connection with this agreement for the presence of ACM and the Agency shall make every effort to remove Regulated Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g. asbestos-cement board and shingles) before commencing any rehabilitation or demolition work on such structure(s). To meet requirement #3 above for rehabilitation or demolition work, the Agency is responsible for submitting a complete and accurate asbestos notification form titled "Notice of Asbestos Removal Project" [i.e. NESHAP notification, 40 CFR Part 61.145(b)], for each separate address where work will be performed to the below listed agencies at least 10 business days prior to demolition. The 4-copy forms are available from the Department of Environmental Protection. SEND ORIGINAL TO: State Asbestos Coordinator FL Dept. of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2409 SEND PINK COPY OR FAX OF ORIGINAL TO: Collier County Financial Administration and Housing Department Attn: NESHAP 3050 N. Horseshoe Drive, Suite 275 Naples, FL 34104 FAX: (941) 403-2331 The Agency must notify the County's Financial Administration and Housing Department immediately if the demolition Start Date changes. No demolition may start before the Start Date on the NESHAP notification and no demolition may occur without the notice to proceed from the County. It is the responsibility of the Agency to call and submit revised NESHAP notification to the above listed agencies, adhering to required NESHAP time frames. 6D "! The Agency is responsible for physical checking the structure(s) before submitting the NESHAP notification to ensure that all RACM and Category II ACM, as identified in the prerehabilitation or pre-demolition asbestos inspection report, have been removed. If RACM or Category II ACM is discovered, the Agency shall immediately contact the County's Project Manager. 2. WORK PRACTICES The Agency will utilize wet methods to control airborne emissions during the demolition process and during loading onto transport vehicles, regardless whether Category I is present or not. The Agency is responsible for supplying water meters, hoses, and adequate volume of water to the demolition site. Recycling of any building materials with either presumed or confirmed asbestos- containing Category I (e.g. floor tile, sheet vinyl, and/or roofing materials) is not permitted, unless written authorization is provided to the Agency by the County. 3. OSHA AND FLORIDA STATUTES COMPLIANCE In accordance with OSHA, (reference 29 CFR 1926.1101) in the event ACM is present the Agency must have a competent person onsite who: (1) is capable of identifying existing asbestos hazards in the workplace, (2) is capable of selecting the appropriate control strategy for asbestos exposure, and (3) has the authority to take prompt corrective action to eliminate them. This person must be trained in accordance with Chapter 469 Florida Statutes as an onsite supervisor. Copies of training certificates of the onsite supervisor shall be made available to the County upon request. 4. ROOFING REMOVAL OF CONFIRMED OR PRESUMED ASBESTOS-CONTAINING BITUMINOUS ROOFING MATERIALS It is the responsibility of the Agency to determine if the roofing materials do not contain asbestos. If the Agency wishes not to sample and analyze for asbestos, the materials will be presumed to contain asbestos and handled accordingly. If the Agency elects to sample the roof system, she/he must first notify the County of the sampling, including date, location, and number of samples to be collected. The bulk sample analyses must be performed by a NVLAP-accredited laboratory (NVLAP is the National Voluntary Laboratory Accreditation Program). Results, if proven less than one percent asbestos, shall be provided to the County prior to the start of any work. The Agency will be required to meet all Federal, State, and Local regulations pertaining to the handling, removal, and disposal of confirmed or presumed asbestos-containing roofing materials. This includes, but is not limited to: (1) (2) Meeting the requirements listed in Chapter 469.012(2) & (3) Florida Statutes regarding training of onsite roofing supervisors involved in the removal of asbestos containing bituminous resinous roofing materials, and; Utilizing removal methods that will maintain the roofing material's Category I non-friable status and will not create dust, i.e. employ methods other than sanding, grinding, drilling, abrading, rotary blade or saw cutting. Suggested methods are slicing, shearing, or punch cutting while using wet methods where feasible. 6D In the event ACM is found, the Agency will submit the following documentation to the County department coordinating this project. (1) (2) (3) (4) Copies of training certificates of the onsite roofing supervisor in compliance with the current requirements of Chapter 469 Florida Statutes; Resume of the onsite roofing supervisor documenting asbestos- containing roofing removal jobs performed wit h the last two (2) years; Approval of a landfill to accept confirmed or presumed asbestos- containing roofing material and any conditions associated with its acceptance, and; A plan of action, as specified by OSHA 29 CFR 1926.1101 which addresses: a. Method of removal b. Worker protection c. Protection of building occupants and ventilation systems d. Method and location of disposal PART B - SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR NEW CONSTRUCTION AND REHABILITATION AND DEMOLITION OF STRUCTURES The provisions of this part apply to new construction work and to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE GENERAL Federal regulations (40 CFR Part 61, Subpart M) classify asbestos-cement pipe (AC pipe) as Category II non-friable asbestos-containing material. AC pipe must be handled in a manner which will maintain this classification. Therefore, all cutting and disposal of AC pipe must be performed by a Florida Licensed Asbestos Contractor. The Agency will make every effort to identify and quantify the locating of known AC pipe and material prior to onset of work. If the Agency during the course of work observes, uncovers, or otherwise becomes aware of the existence of any asbestos-cement pipe, pieces, or material at the site to which the Agency or any subcontractor, supplier, or other person may be exposed, the Agency shall immediately notify the County and confirm any verbal notice in writing. The County shall promptly consult with the Project Engineer concerning such condition and determine the necessity of the County retaining special consultants or qualified experts. The Agency shall not perform any work near or in connection with the suspect material until receipt of special written instructions from the County. The Agency will ensure that all subcontractors follow these procedures. PRE-WORK SUBMITTALS The Agency shall submit the name of the Asbestos Contractor and a copy of his/her Florida Asbestos Contractor license to the Collier County department coordinating this project, prior to start of work. WORKER PROTECTION Licensed asbestos contractors will comply with the requirements of OSHA 29 CFR 1929.1101 concerning worker protection. EXECUTION OF WORK AC pipe will be kept wet during all phases of removal. No visible emissions are permitted. Wet the pipe using an airless sprayer or utilize available water. Apply dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the section of pipe to be cut. Break, cut, or snap pipe into sections suitable in size to the disposal facility. Abrasive disc saws are prohibited. Apply lockdown encapsulant to exposed edges of pipe. Pick up all pipe debris that may have fallen outside dropcloth. Use of compressed air to clean AC pipes is prohibited. At no time should AC pipe or pieces by mixed in with fill. DISPOSAL Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench, and wrap and secure in second layer of 6-mil poly. Affix the following labels to the exterior of each separately wrapped section of pipe. Labels are to be waterproof, legible, and large enough in size to be readily visible: First Label: CAUTION Contains Asbestos Fibers Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health Second Label: DANGER Contains Asbestos Fibers Avoid Breathing Dust Cancer and Lung Disease Hazard Breathing Airborne Asbestos, Tremolite, Anthophyllite or Actinolite Fibers is Hazardous to Your Health Third Label: RQ HAZARDOUS SUBSTANCE Solid, NOS ORM-E, NA9188 (Asbestos) 6D Fourth Label: Label each container with the name of the generator location at which the waste was generated. (owner) and the Properly dispose of all AC pipe generated each day. All wrapped sections may be stored in a secure, locked enclosure pending disposal, if authorized by owner. At no time are section pieces of AC pipe to be left on the worksite uncapped and unsecured at the end of the workday. All vehicles and/or containers used to haul asbestos-containing waste material shall be lined with a minimum or 6-mil poly layer. Label trucks used to transport asbestos-containing waste material during loading and unloading as follows (refer to 29 CFR 1910.145(d)(4) for sign format): DANGER Asbestos Dust Hazard Cancer and Lung Disease Hazard Authorized Personnel Only POST WORK SUBMITTALS The Agency or Asbestos Contractor, as waste generator shall complete a Waste Shipment Record (WSR) for each shipment of asbestos-cement pipe disposed. Refer to 40 CFR Part 61, Revision Final Rule for an example of WSR or contact Collier County Risk Management/Loss Control. The Agency or his designated subcontractor will submit the following documents to the Collier County department coordinating this project prior to payment. A copy of the WSR prior to shipment. A copy of the WSR signed by the disposal facility within thirty-five (35) days of shipment. PART C - SPECIAL CONDITIONS - REGULATIONS: The provisions of this part apply to all projects contemplated in this agreement and described in Exhibit A of this agreement: Environmental Protection Agency: 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision Final Rule November 20,1990. Occupational Safety and Health Administration: 29 CFR 1926.1101 - Asbestos, Construction Industry Standard. Department of Business and Professional Regulations, Chapter 469 Florida Statutes, Licensure of Consultants and Contractors. Federal Labor Standards Provisions U.S. Department of Housing and Urban Development A, pplicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the foil.owing Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. /k. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Hous- ing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or re- bate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof@ due at time of payment com- puted at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be al- leged to exist between the contractor and such laborers and mechan- ics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on be- half of laborers or mechanics are considered wages paid to such la- borers or mechanics, subject to the provisions of 29 CFR-5.5(a)(l)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determi- nation (including any additional classification and wage rates con- formed under 29 CFR Part 5.5(a)(I)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its sub- contractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional ~lassification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction dustry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Adminis- trator of the Wage and Hour Division, Employment Standards Admin- istration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB con- trol number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be em- ployed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropri- ate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its desig- nee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Con- trol Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) de- termined pursuant to subparagraphs (1)(b) or (c) of this paragraph. shall be paid to all workers performing work in the classification un- der this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Pro- vided, That the Secretary of Labor has found, upon the written re- quest of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Depart- ment of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including ap- prentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any appren- tice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations Previous edition is obsolete Page 1 of 4 form HUD-4010 (2/84) ref. Handbook 1344.1 have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relat- ing theret~ shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all labor- ers and mechanics working at the site of the work (or under the United States Housing Act of 1937. or under the Housing Act of 1949, in the construction or development of the project). Such records shall con- tain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe ben- efits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Sec- retary of Labor has found under 29 CFR 5.5 (a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs reason- ably anticipated in providing benefits under a plan or program de- scribed in Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such ben- efits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of ap- prenticeship programs and certification of trainee programs, the reg- istration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OM B Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the appli- cant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either di- rectly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permis- sible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 23! of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copy- ing, or transcription by authorized representatives of HUD or its des- ignee or the Department of Labor, and shall permit such representa- tives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide ap- prenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or other- wise employed as stated above, shall be paid not less than the appli- cable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a con- tractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be ob- served. Every apprentice must be paid at not less than the rate speci- fied in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship pro- gram. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Ad- ministrator determines that a different practice prevails for the appli- cable apprentice classification, fringes shall be paid in accordance form HUD-4010 (2/84) Previous edition is obsolete Page 2 of 4 ref. Handbook 1344.1 with that determination. In the event the Bureau of Apprenticeship 6D 3 resolved in accordance with the procedures of the Department La- and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the con- tractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted' to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employ- ment and Training Administration. The ratio of trainees to journey- men on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage deter- mination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentice- ship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage deter- mination for the work actually performed. In the event the Employ- ment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incor- porated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also-a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime con- tractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with ail the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts con- tained in 29 CFR Parts 1, 3, and 5 are herein incorporated by refer- ence in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be bor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of La- bor, or the employees or their representatives. 10. (i) Certification of Eligibility, By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Sec- tion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l ) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additional]y, U.S. Criminal Code, Section I 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of... in- fluencing in any way the action of such Administration ..... makes, utters or publishes any statement knowing the same to be false ..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor stan- dards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or in- stituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor stan- dards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watch- men and guards. (1) Overtime requirements. No contractor or subcontractor con- tracting for any part of the contract work which may require or in- volve the employment of laborers or mechanics shall require or per- mit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such con- tractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated dam- ages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub para- graph (1) of this paragraph. form HUD-4010 (2/84) Previous edition is obsolete Page 3 of 4 rof. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work per- formed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-.assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to in- clude these clauses in any lower tier subcontracts. The prime con- tractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dan- gerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regu- lation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151 8) and failure to comply may result in imposition of sanctions pursu- ant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). (3) The Contractor shall include the provisions of this Article in ev- ery subcontract so that such provisions will be binding on each sub- contractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such pro- visions. form HUD-4010 (2/84) Previous edition is obsolete Page 4 of 4 ref. Handbook 1344.1 Memorandum 7B To: From: Date: Subject: Re: Maureen Kenyon, Supewisor Clerk of Courts - Minutes and Recor(~ ~(/ So~i~nbeAr I~e;~;;O Grant Coordinator ~"u Subrecipient Agreement CDBG FY 2002-2003- Collier Housing Alternatives, Inc. Attached please find the original subrecipient agreement between Collier County and Collier County Community Redevelopment Agency for CDBG funding in the amount of $ 60,000 toward installation and/or upgrade of approximately 45 streetlights in the Immokalee "Weed and Seed" area to reduce crime and enhance the appreaance and safety of the Immokalee Community, included in the County's Consolidated Plan One-Year Action Plan FY 2002-2003 as approved by the BCC on April 23, 2002 (Item 8A). This was Item 7B on the CRA agenda of September 30, 2002. Please call me at 403-2339 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator- Administrative Services Division Robert George, Purchasing Agent - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-01-UC- 12-0016 THIS AGREEMENT, is entered into this ~P/9 day of ~, 20o~, , by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the "COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY," a separate legal entity charged with undertaking and implementing community redevelopment as allowed under Chapter 163, Part III of the Florida Statutes, having its principle office at 2800 North Horseshoe Drive, Naples, FL 34104, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the COUNTY and the Collier County Community Redevelopment Agency desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan, and Collier County Community Redevelopment Agency (CRA) Page 1 of 14 WHEREAS, the COUNTY desires to engage the Collier County Community Redevelopment Agency to implement such undertakings of the Community Development Block Grant Program as a worthwhile County purpose; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "County" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "Financial Administration and Housing" means Collier County Financial Administration and Housing Department. "SUBRECIPIENT" means Collier County Community Redevelopment Agency. "Financial Administration and Housing Approval" means the written approval of the Financial Administration and Housing Director or his designee. "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by U.S. HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by Financial Administration and Housing, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by U. S. HUD under Grant No. B-01-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2003. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Parts VII. G., VIII. F. (e), VIII. H, and XII., below. Collier County Community Redevelopment Agency (CRA) Page 2 of 14 7B IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $60,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Financial Administration and Housing at its office, presently located at 3050 N. Horseshoe Drive, Suite #275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in Financial Administration and Housing Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Financial Administration and Housing. No payments will be made until approved by the Financial Administration and Housing Director or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify Financial Administration and Housing in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the Financial Administration and Housing Director or designee within forty- five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, Collier County Community Redevelopment Agency (CRA) Page 3 of 14 o o o 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations which prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment. Collier County Community Redevelopment Agency (CRA) Page 4 of 14 7B 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribe goal percentages for participation of minority businesses in Community Development Block Grant Contracts. Copeland Anti-Kickback Act Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements. 24 CFR Part 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Co SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Financial Administration and Housing for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and U.S. HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including Collier County Community Redevelopment Agency (CRA) Page 5 of 14 benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Financial Administration and Housing Director or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and wilt indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by Financial Administration and Housing in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize Financial Administration and Housing's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to Financial Administration and Housing or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. Collier County Community Redevelopment Agency (CRA) Page 6 of 14 VIII. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. H. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT, if it should sub-contract to perform these services, then in all matters relating to this Agreement, as to any such sub-contractor it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -102 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record - Keeping 1. The SUBREC1PIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the Collier County Community Redevelopment Agency (CRA) Page 7 of 14 o o purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or Financial Administration and Housing. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to Financial Administration and Housing if requested. In any event the SUBRECIPIENT shall keep all documents and records for five (5) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to Financial Administration and Housing using Exhibit "C." The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-102 (Uniform Administrative Requirement for Federal Grants), A-87 (Cost Principle for State, Local, and Indian Tribal Government), 24CFR Part 84, and 24CFR Part 85 which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FINANCIAL ADMINISTRATION AND HOUSING, COUNTY, AND U.S. HUD REQUIREMENTS Financial Administration and Housing shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by Financial Administration and Housing, the County, or U.S. HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the Financial Administration and Housing Director or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; Collier County Community Redevelopment Agency (CRA) Page 8 of 14 (b) (c) (d) (e) (f) All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as Financial Administration and Housing, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Financial Administration and Housing, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to Financial Administration and Housing. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBREC1PIENT shall report its plan to utilize such income to Financial Administration and Housing, and said plan shall require the prior written approval of the Financial Administration and Housing Director or designee. Accounting and disbursement of such income shall comply with OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Agency. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall apPly to said activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub- contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Collier County Community Redevelopment Agency (CRA) Page 9 of 14 OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS Co ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the CDBG Annual Consolidated Plan approved by U.S. HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to Financial Administration and Housing upon Financial Administration and Housing's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that Financial Administration and Housing will carry out periodic monitoring and evaluation activities as determined necessary by Financial Administration and Housing or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to Financial Administration and Housing, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Financial Administration and Housing or the County. The SUBRECIPIENT shall, upon the request of Collier County Community Redevelopment Agency (CRA) Page 10 of 14 mo Fo Go Ho 7B Financial Administration and Housing, submit information and status reports required by Financial Administration and Housing, the County or U.S. HUD on forms approved by Financial Administration and Housing to enable Financial Administration and Housing to evaluate said progress and to allow for completion of reports required of Financial Administration and Housing by U.S. HUD. The SUBRECIPIENT shall allow Financial Administration and Housing or U.S. HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by Financial Administration and Housing or U.S. HUD. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to Financial Administration and Housing provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. PUBLIC ENTiTY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Collier County Community Redevelopment Agency (CRA) Page llof14 7B If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT Control which is acquired or improved in whole or part with CDBG funds in excess of $25,000 must adhere to the CDBG Regulations 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA which would satisfy this requirement and/or reduce the cost of said flood insurance. Collier County Community Redevelopment Agency (CRA) Page 12 of 14 XI. XII. XIII. XIV. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 25. Such regulations pertain to all HUD-assisted hosing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fourteen (14) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of whom shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Collier County Community Redevelopment Agency (CRA) Page 13 of 14 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this ~ day of~ 2000-' (SUBRECIPIENT SEAL) COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY COMMISSIONER DONNA FIALA, CHAIRPERSON Approved as to form and (,,1 sufficiency: Patrick G. White Assistant County Attorney COLL/~;.~UNTY, FLO~,A BY:/ JO~7 K. SCHMIT~, ,~DMINISTi~ATOR, Collier County Community Redevelopment Agency (CRA) Page 14 of 14 EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project is the installation and/or upgrade of approximately 45 streetlights in the Immokalee "Weed and Seed" area to reduce crime and enhance the appearance and safety of the Immokalee Community. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to Financial Administration and Housing and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain Financial Administration and Housing approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain Financial Administration and Housing approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from Financial Administration and Housing for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBREC1PIENT further agrees that Financial Administration and Housing, in consultation with any parties Financial Administration and Housing deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Co BUDGET: Line Item: Approximately 45 streetlights Total Project Cost for 20 years CDBG Funds $60,000.00 Other $216,000.00( FY 2008 - FY 2028 20 years of maintenance) $ 276,000.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to Financial Administration and Housing, on behalf of the County, as the Grantee, for Financial Administration and Housing approval, in a form specified by Financial Administration and Housing. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements contained in Exhibit C, attached hereto, for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Mapping of proposed streetlight placement September, 2002 Begin installation of approximately 45 streetlights December, 2002 Completion of installation of approximately 45 streetlights June, 2003 REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to Financial Administration and Housing outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for Financial Administration and Housing approval of invoices, etc. for reimbursement. EXHIBIT "B" PAYMENT REQUEST FORM TO: FROM: Denny Baker, Director Financial Administration and Housing 3050 N. Horseshoe Drive, Suite #275 Naples, FL 34104 Collier County Community Redevelopment Agency 2800 N. Horseshoe Drive Naples, FL 34104 Phone:403-2903 RE: INVOICE REIMBURSEMENT Attached, you will find Invoice # $. , requesting reimbursement in the amount of The expenditures for this invoice covers the period through You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Payment by Financial Administration and Housing: Signed: DATE: Printed name of Financial Administration and Housing representative: EXHIBIT C CDBG Subrecipient Report Status Report for Month of 1. Subrecipient: Mailing Address Contact Person Telephone: 2. Activity Status/Milestones: Fax: Submittal Date: 3. Budget Status (if applicable): Activity Estimated Expenses Total Outstanding Amount Budget paid this Expenses Obligations requested month Paid to Date to Date 4. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor ID. Racial Contractor Address Subcontractor Contract Number /Ethnic & Phone No. Code Codes: 1. White 2. Black 3. American Indian/Alaskan Native 4. Hispanic 5. Asian/Pacific Islander For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below: 71t TOTAL BENEFICIARIES This project benefits (households) or (persons). Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1" below. INCOME Of the households or persons assisted, are low/moderate income as indicated by the attached income chart. Enter this number in box "2" below. Of these low/moderate income persons or households entered in box "2", indicated by the attached income chart. Enter this number in box "3" below. are low-income as RACE This project assisted White, non-Hispanic households or persons REGARDLESS of income. Enter this number in box "4" below. This project assisted Black, non-Hispanic households or persons REGARDLESS of income. Enter this number in box "5" below. This project assisted American Indian or Alaskan Native households or persons REGARDLESS of income. Enter this number in box "6" below. This project assisted number in box "7" below. Hispanic households or persons REGARDLESS of income. Enter this This project assisted Asian or Pacific Islander households or persons REGARDLESS of income. Enter this number in box "8" below. FEMALE HEAD OF HOUSEHOLD This project assisted in box "9" below. Female Head of Households REGARDLESS of income. Enter this number DATA VERIFICATION: The sum of boxes 4,5,6,7 and 8 must equal the number in box "1". BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 BOX 6 BOX 7 BOX 8 BOX 9 Total Low/ Low White not Black Not American Hisparfic Asian or Female Number of Moderate Income Hispanic Hispanic Indian or Pacific Headed Households income Origin Origin Alaskan Islander Household Assisted Native EXHIBIT "D" ASBESTOS REQUIREMENTS PART A - SPECIAL CONDITIONS ASBESTOS PROCEDURES FOR REHABILITATION AND DEMOLITION OF STRUCTURES: The provisions of this part apply to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. ASBESTOS NOTIFICATION Federal and state asbestos regulations require, prior to the rehabilitation or demolition of any structure: (1) an inspection for asbestos-containing materials (ACM), (2) removal of specified ACM, and (3) an asbestos notification of rehabilitation or demolition received at least ten (10) business days prior to demolition. To meet requirements #1 and #2 above, the Agency shall secure the services of a qualified company to survey the all structure(s) to be rehabilitated or demolished in connection with this agreement for the presence of ACM and the Agency shall make every effort to remove Regulated Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g. asbestos-cement board and shingles) before commencing any rehabilitation or demolition work on such structure(s). To meet requirement #3 above for rehabilitation or demolition work, the Agency is responsible for submitting a complete and accurate asbestos notification form titled "Notice of Asbestos Removal Project" [i.e. NESHAP notification, 40 CFR Part 61.145(b)], for each separate address where work will be performed to the below listed agencies at least 10 business days prior to demolition. The 4-copy forms are available from the Department of Environmental Protection. SEND ORIGINAL TO: State Asbestos Coordinator FL Dept. of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2409 SEND PINK COPY OR FAX OF ORIGINAL TO: Collier County Financial Administration and Housing Department Attn: NESHAP 3050 N. Horseshoe Drive, Suite 275 Naples, FL 34104 FAX: (941) 403-2331 The Agency must notify the County's Financial Administration and Housing Department immediately if the demolition Start Date changes. No demolition may start before the Start Date on the NESHAP notification and no demolition may occur without the notice to proceed from the County. It is the responsibility of the Agency to call and submit revised NESHAP notification to the above listed agencies, adhering to required NESHAP time frames. 7B The Agency is responsible for physical checking the structure(s) before submitting the NESHAP notification to ensure that all RACM and Category II ACM, as identified in the prerehabilitation or pre-demolition asbestos inspection report, have been removed. If RACM or Category II ACM is discovered, the Agency shall immediately contact the County's Project Manager. 2. WORK PRACTICES The Agency will utilize wet methods to control airborne emissions during the demolition process and during loading onto transport vehicles, regardless whether Category I is present or not. The Agency is responsible for supplying water meters, hoses, and adequate volume of water to the demolition site. Recycling of any building materials with either presumed or confirmed asbestos- containing Category I (e.g. floor tile, sheet vinyl, and/or roofing materials) is not permitted, unless written authorization is provided to the Agency by the County. 3. OSHA AND FLORIDA STATUTES COMPLIANCE In accordance with OSHA, (reference 29 CFR 1926.1101) in the event ACM is present the Agency must have a competent person onsite who: (1) is capable of identifying existing asbestos hazards in the workplace, (2) is capable of selecting the appropriate control strategy for asbestos exposure, and (3) has the authority to take prompt corrective action to eliminate them. This person must be trained in accordance with Chapter 469 Florida Statutes as an onsite supervisor. Copies of training certificates of the onsite supervisor shall be made available to the County upon request. 4. ROOFING - REMOVAL OF CONFIRMED OR PRESUMED ASBESTOS-CONTAINING BITUMINOUS ROOFING MATERIALS It is the responsibility of the Agency to determine if the roofing materials do not contain asbestos. If the Agency wishes not to sample and analyze for asbestos, the materials will be presumed to contain asbestos and handled accordingly. If the Agency elects to sample the roof system, she/he must first notify the County of the sampling, including date, location, and number of samples to be collected. The bulk sample analyses must be performed by a NVLAP-accredited laboratory (NVLAP is the National Voluntary Laboratory Accreditation Program). Results, if proven less than one percent asbestos, shall be provided to the County prior to the start of any work. The Agency will be required to meet all Federal, State, and Local regulations pertaining to the handling, removal, and disposal of confirmed or presumed asbestos-containing roofing materials. This includes, but is not limited to: (1) (2) Meeting the requirements listed in Chapter 469.012(2) & (3) Florida Statutes regarding training of onsite roofing supervisors involved in the removal of asbestos containing bituminous resinous roofing materials, and; Utilizing removal methods that will maintain the roofing material's Category I non-friable status and will not create dust, i.e. employ methods other than sanding, grinding, drilling, abrading, rotary blade or saw cutting. Suggested methods are slicing, shearing, or punch cutting while using wet methods where feasible. In the event ACM is found, the Agency will submit the following documentation to the County department coordinating this project. (1) (2) (3) (4) Copies of training certificates of the onsite roofing supervisor in compliance with the current requirements of Chapter 469 Florida Statutes; Resume of the onsite roofing supervisor documenting asbestos- containing roofing removal jobs performed wit h the last two (2) ye ars; Approval of a landfill to accept confirmed or presumed asbestos- containing roofing material and any conditions associated with its acceptance, and; A plan of action, as specified by OSHA 29 CFR 1926.1101 which addresses: a. Method of removal b. Worker protection c. Protection of building occupants and ventilation systems d. Method and location of disposal PART B - SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR NEW CONSTRUCTION AND REHABILITATION AND DEMOLITION OF STRUCTURES The provisions of this part apply to new construction work and to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE GENERAL Federal regulations (40 CFR Part 61, Subpart M) classify asbestos-cement pipe (AC pipe) as Category II non-friable asbestos-containing material. AC pipe must be handled in a manner which will maintain this classification. Therefore, all cutting and disposal of AC pipe must be performed by a Florida Licensed Asbestos Contractor. The Agency will make every effort to identify and quantify the locating of known AC pipe and material prior to onset of work. If the Agency during the course of work observes, uncovers, or otherwise becomes aware of the existence of any asbestos-cement pipe, pieces, or material at the site to which the Agency or any subcontractor, supplier, or other person may be exposed, the Agency shall immediately notify the County and confirm any verbal notice in writing. The County shall promptly consult with the Project Engineer concerning such condition and determine the necessity of the County retaining special consultants or qualified experts. The Agency shall not perform any work near or in connection with the suspect material until receipt of special written instructions from the County. The Agency will ensure that all subcontractors follow these procedures. PRE-WORK SUBMITTALS The Agency shall submit the name of the Asbestos Contractor and a copy of his/her Florida Asbestos Contractor license to the Collier County department coordinating this project, prior to start of work. WORKER PROTECTION Licensed asbestos contractors will comply with the requirements of OSHA 29 CFR 1929.1101 concerning worker protection. EXECUTION OF WORK AC pipe wilt be kept wet during all phases of removal. No visible emissions are permitted. Wet the pipe using an airless sprayer or utilize available water. Apply dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the section of pipe to be cut. Break, cut, or snap pipe into sections suitable in size to the disposal facility. Abrasive disc saws are prohibited. Apply lockdown encapsulant to exposed edges of pipe. Pick up all pipe debris that may have fallen outside dropcloth. Use of compressed air to clean AC pipes is prohibited. At no time should AC pipe or pieces by mixed in with fill. DISPOSAL Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench, and wrap and secure in second layer of 6-mil poly. Affix the following labels to the exterior of each separately wrapped section of pipe. Labels are to be waterproof, legible, and large enough in size to be readily visible: First Label: CAUTION Contains Asbestos Fibers Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health Second Label: DANGER Contains Asbestos Fibers Avoid Breathing Dust Cancer and Lung Disease Hazard Breathing Airborne Asbestos, Tremolite, Anthophyllite or Actinolite Fibers is Hazardous to Your Health Third Label: RQ HAZARDOUS SUBSTANCE Solid, NOS ORM-E, NA9188 (Asbestos) Fourth Label: Label each container with the name of the location at which the waste was generated. generator (owner) and the Properly dispose of all AC pipe generated each day. All wrapped sections may be stored in a secure, locked enclosure pending disposal, if authorized by owner. At no time are section pieces of AC pipe to be left on the worksite uncapped and unsecured at the end of the workday. All vehicles and/or containers used to haul asbestos-containing waste material shall be lined with a minimum or 6-mil poly layer. Label trucks used to transport asbestos-containing waste material during loading and unloading as follows (refer to 29 CFR 1910.145(d)(4) for sign format): DANGER Asbestos Dust Hazard Cancer and Lung Disease Hazard Authorized Personnel Only POST WORK SUBMITTALS The Agency or Asbestos Contractor, as waste generator shall complete a Waste Shipment Record (WSR) for each shipment of asbestos-cement pipe disposed. Refer to 40 CFR Part 61, Revision Final Rule for an example of WSR or contact Collier County Risk Management/Loss Control. The Agency or his designated subcontractor will submit the following documents to the Collier County department coordinating this project prior to payment. A copy of the WSR prior to shipment. A copy of the WSR signed by the disposal facility within thirty-five (35) days of shipment. PART C - SPECIAL CONDITIONS - REGULATIONS: The provisions of this part apply to all projects contemplated in this agreement and described in Exhibit A of this agreement: Environmental Protection Agency: 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision Final Rule November 20,1990. Occupational Safety and Health Administration: 29 CFR 1926.1101 - Asbestos, Construction Industry Standard. Department of Business and Professional Regulations, Chapter 469 Florida Statutes, Licensure of Consultants and Contractors.