HomeMy WebLinkAboutRES 99-340 RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT-
THAT the City Manager is hereby authorized to execute contracts with the Statewide
Consolidated Community Development Corporation, Inc.. The contracts are substantially
in the forms attached hereto as Exhibits "A" through "F".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9 day of
�.0 1999.
- Mayor -
CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has received a Community Development Block Grant
(CDBG)from the United States Department of Housing and Urban Development (CDBG No. B-97-
MC48-0003) and CDBG No. B-98-MC-48-0003);
WHEREAS,pursuant to the authority of Resolution No. , passed by the Beaumont
City Council on November 9, 1999, the Statewide Consolidated Community Development
Corporation, Inc. (SCCDC), an authorized Community Housing Development Organization (CHDO),
will enter into a contract with the City for CDBG funds totaling SEVENTY-EIGHT THOUSAND
DOLLARS AND NO 1100 ($78,000.00);
' WHEREAS, the SCCDC provides various services to low-income and moderate-income
families of the City of Beaumont, Jefferson County, Texas that enable such families to obtain a
suitable place to reside;
WHEREAS, the City of Beaumont and the SCCDC desire to enter into a contract and
agreement whereby the City of Beaumont will furnish said federal CDBG grant funds to the SCCDC
for the purpose of providing home buyers' counseling to eligible families who will purchase new and
existing homes in neighborhoods targeted for revitalization. Funds are also provided to pay the audit
fee for the 1999 audit.
1
EXHIBIT "A"
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the mutual covenant, promises, and agreements contained
therein, the City of Beaumont, hereinafter referred to as "City", acting by and through Stephen J.
Bonczek, its duly authorized City Manager, and the Statewide Consolidated Community
Development Corporation, Inc., hereinafter referred to as "Grantee", acting by and through Robert
Jones, its duly authorized Chairman, do hereby covenant and agree as follows:
1.
Grantee, located at 1090 South Fourth Street, shall use the Federal 1997 and 1998 CDBG
grant funds, herein provided, to provide home buyers' counseling to eligible families who will
purchase new and existing homes in neighborhoods targeted for revitalization. Funds will also be
used to pay the audit fee fur the 1999 audit. Grantee covenants and agrees to expend federal grant
funds in accordance with 24-CFR Part 92 (as now in effect and as may be amended from time to
time), which is incorporated by reference and constitutes part of the agreement. It is expressly
understood and agreed by Grantee that this contract and the procurement authorized and provided
for hereunder have as their purpose or goal to provide decent, safe and sanitary housing units to low
income persons. Grantee agrees to do all things necessary under this contract to complete the
program set out in "Exhibit A" attached hereto.
:.� 2
2.
It is understood and agreed that in no event shall the total distribution of federal grant funds,
made to or in behalf of the Grantee pursuant to this agreement, exceed the total sum of SEVENTY-
EIGHT THOUSAND AND NO 1100 DOLLARS ($78,000);
3.
Funds to be available through the City's draw process on or after the effective date of this
contract. Grantee agrees and understands that this contract shall terminate on December 31, 2000.
Payment shall be made by the U. S. Treasury, who will disburse 1997 and 1998 CDBG funds (wire
transfer)through Cash Management Information System (CM/1) directly to the City, who will make
payments upon receipt of invoices from Grantee certifying that all requirements have been met. The
Grantee understands that all grant monies awarded may be terminated for cause or convenience.
Grantee further agrees that any grant funds remaining after this agreement expires will revert to the
City of Beaumont.
4.
Grantee understands and agrees that should Grantee become defunct or insolvent, any and
all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer
to the City of Beaumont.
Grantee understands and agrees that should Grantee become defunct or insolvent any program
income, real properties, equipment, supplies and any assets acquired as a result of grant funds shall
transfer to the City of Beaumont.
3
It is expressly understood and agreed by and between the City and Grantee that this
agreement is wholly conditioned upon the actual availability of federal grant funds under the United
States Department of Housing and Urban Development (CDBG Program No. B-97-MC-48-0003)
and(B-98MC-48-0003) and that all monies distributed to or in behalf of Grantee hereunder shall be
exclusively from federal monies received under said CDBG Program, and not from any other monies
of the City.
6.
Grantee agrees to keep accurate records to document its adherence to applicable federal
regulations and all "other federal requirements", along with documentation and records of all
expenditures of said CDBG Program funds. Grantee further understands and agrees to comply with
'the applicable requirements and standards of OMB Circular A-110 (Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments), said
provisions being incorporated herein by reference. The Grantee also understands and agrees to
adhere to the City's procurement process. The City shall reserve the right to investigate, examine and
audit, at any time, any and all such records relating to the operations or expenditures of Grantee
under this agreement.
7.
Grantee covenants and agrees to fully cooperate with the City in monitoring the effectiveness
of the expenditure of grant funds and the City shall have access at all reasonable times to the offices,
premises and records of Grantee in regard to the administration of this contract.
4
8.
Grantee shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of the City. Grantee shall have exclusive control of the program and all persons
involved in same subject only to the terms of this agreement and shall be solely responsible for the
acts and omissions of its officers, members, agents, servants, employees, subcontractors, program
participants, licensees and invitees. It is expressly understood and agreed that, other than those
people who receive wages on a regular basis from Grantor, that no officer, member, agent, servant,
employee, subcontractor, licensee, invitee of Grantee nor any program participant hereunder is in the
paid service of the City. It is also expressly understood and agreed that Grantor will provide technical
assistance to Grantee in the furtherance of its program.
9.
Grantee hereby covenants and agrees, in consideration for the funds herein to provide home
buyers' counseling to eligible families who will purchase new and existing homes in neighborhoods
targeted for revitalization in the City of Beaumont, Jefferson County, Texas.
10.
No officer, employee or member of Grantee or Grantee's subcontractors shall have a financial
interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially
interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any
contract for furnishing services or supplies to Grantee. Any willful violation of this paragraph with
the knowledge, expressed or implied, of Grantee or its subcontractors, shall render this contract
voidable by the City of Beaumont.
5
11.
No grants shall be made by Grantee to its directors or officers, either directly or indirectly,
through family members,business partners or employees. Grantee agrees that no CDBG funds shall
be used, either directly or indirectly, for religious purposes. Any willful or violation of this paragraph
with the knowledge, expressed or implied, of Grantee shall render this contract voidable by the City
of Beaumont.
12.
Grantee covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all Federal, State and local laws,
including all ordinances, rules and regulations of the City of Beaumont, as amended. Grantee further
covenants and agrees that it will fully comply with the terms and conditions of the CDBG Program
under which these funds are granted.
13.
The provisions of this agreement are severable and if for any reason a clause, sentence,
paragraph, or other part of this agreement shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity
shall not affect the other provisions which can be given effect with the invalid provision.
14.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on any
future occasion.
6
15.
This written instrument and attachments constitute the entire agreement by the parties hereto
concerning the matter performed hereunder and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be
void.
16.
Grantee covenants and agrees to hold harmless the City and its officers agents, servants and
employees,from and against any and all claims or suits for property loss or damage and/or personal
injury, including death to any and all persons, or whatever kind of character whether real or asserted,
arising out of or in connection with the execution, performance, attempted performance or non-
performance of this contract and agreement and/or the operations, activities and services of the
program described herein, whether or not caused, in whole or in part, by alleged negligence of
officers, agents, servants, employees, contractors, or sub-contractors of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Beaumont,
Jefferson County, Texas, this day of A.D., 19
THE CITY OF BEAUMONT ATTEST:
By: Stephen J. Bonczek Barbara Liming
City Manager City Clerk
THE STATEWIDE CONSOLIDATED COMMUNITY
DEVELOPMENT CORPORATION, INC. ATTEST:
By: Robert Jones Leon Jake Campbell
Chairman Secretary-Treasurer
7
"EXHIBIT A"
PROGRAM BUDGET
Home buyers' counseling to eligible families who
will purchase new and existing homes in neighborhoods
targeted for revitalization. $ 60,000
Annual audit fees. 18,000
TOTAL PROGRAM BUDGET $78,000
PROJECT SCHEDULE
1. Audit Engagement Letter is completed by January 31, 2000.
2. 1999 Audit is completed by May 31, 2000.
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CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has received a HOME grant from the United
States Department of Housing and Urban Development (HOME Program No. M-99-
MC-48-0201);
WHEREAS, pursuant to the authority of Resolution Number passed
by the Beaumont City Council on November 9, 1999, the Statewide Consolidated
Community Development Corporation, Inc. (SCCDC) an approved Community
Housing Development Organization (CHDO) will enter into a contract with the City for
HOME funds totaling ONE HUNDRED TWENTY-FIVE THOUSAND FOUR HUNDRED
DOLLARS AND NO/100 DOLLARS ($125,400);
WHEREAS, the HOME allocation of ONE HUNDRED TWENTY-FIVE THOUSAND
FOUR HUNDRED AND NO/100 ($125,400) will be used to acquire and rehabilitate or
reconstruct up to four (4) houses in the Pear Orchard, North End and South Park
Neighborhoods. To provide decent, safe and sanitary housing for eligible families.
WHEREAS, the Statewide Consolidated Community Development Corporation,
Inc. provides various services to eligible families of the City of Beaumont, Jefferson
County, Texas that enable such families to obtain a suitable place to reside;
4
1
EXHIBIT "B"
WHEREAS, the Statewide Consolidated Community Development Corporation,
Inc. will secure the financial match requirements for the M-99-MC-48-0201 HOME
grant. The financial funding match requirement totals Fifteen Thousand Six Hundred
and Seventy-Five Dollars and no(100 ($15,675.00).
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the mutual covenant, promises, and
agreements contained therein, the City of Beaumont, hereinafter referred to as "City",
acting by and through Stephen J. Bonczek, its duly authorized City Manager, and the
Statewide Consolidated Community Development Corporation, Inc., hereinafter
referred to as "Grantee", acting by and through Robert Jones, its duly authorized
Chairman, do hereby covenant and agree as follows:
1 .
Grantee, located at 1090 South Fourth Street, shall use the Federal 1999
HOME grant funds, herein provided, to provide down payment and closing cost
assistance to eligible families. Grantee covenants and agrees to expend federal grant
funds in accordance with 24 CFR Part 92 (as now in effect and as may be amended
from time to time), which is incorporated by reference and constitutes part of the
agreement. It is expressly understood and agreed by Grantee that this contract and
the procurement authorized and provided for hereunder have as their purpose or goal
to provide decent, safe and sanitary housing units to eligible families. Grantee agrees
to do all things necessary under this contract to complete the program set out in
"Exhibit A" attached hereto.
2
2.
It is understood and agreed that in no event shall the total distribution of
federal grant funds made to or in behalf of the Grantee pursuant to this agreement
exceed the total sum of ONE HUNDRED TWENTY-FIVE THOUSAND FOUR HUNDRED
AND NO/100 DOLLARS ($125,400).
3.
The City agrees to provide Grantee with ONE HUNDRED TWENTY-FIVE
THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($125,400) of 1999 HOME
Grant funds to be available through the City's draw process on or after the effective
date of this contract. Grantee agrees and understands that this contract shall
terminate on December 31, 2000. Payment shall be made by the U.S. Treasury, who
will disburse 1999 HOME funds (wire transfer) through Cash Management Information
System (CM/1) directly to the City, who will make payments upon receipt of invoices
or payment vouchers from Grantee certifying that all requirements have been met.
Grantee understands and agrees that project activities (construction) must be
committed (an acceptable Project Set-up Report is entered into the CM/I) by
December 31, 2000. Failure to comply with the aforementioned commitment will
jeopardize funding. The Grantee understands that all grant monies awarded may be
terminated for cause or convenience. It is expressly understood and agreed by and
between the City and Grantee that any and all program income will be used by
Grantee to build capacity, i.e., administrative costs, operational expenses, and/or any
3
eligible activities. Grantee further agrees that any grant funds remaining after this
Agreement expires will revert to the City of Beaumont.
4.
Grantee understands and agrees that should Grantee become defunct or
insolvent, any and all grant funds on hand and any accounts receivable attributable
to the use of grant funds shall transfer to the City of Beaumont.
Grantee further understands and agrees to and shall transfer to the City of
Beaumont any program income, real properties, equipment, supplies and any assets
acquired as a result of grant funds if Grantee becomes defunct or insolvent.
5.
It is expressly understood and agreed by and between the City and Grantee
that this agreement is wholly conditioned upon the actual availability of federal grant
HOME funds under the United States Department of Housing and Urban Development
(HOME Program No. M-99-MC-48-0201) and that all monies distributed to or in behalf
of Grantee hereunder shall be exclusively from federal monies received under said
HOME Program, and not from any other monies of the City.
6.
Grantee agrees to keep accurate records to document its adherence to
applicable federal regulations and all "other federal requirements", along with
documentation and records of all expenditures of said HOME Program funds. Grantee
further understands and agrees to comply with the applicable requirements and
standards of OMB Circular A-110 (Uniform Administrative Requirements for Grants
4
and Cooperative Agreements to State and Local Governments), said provisions being
incorporated herein by reference. The Grantee also understands and agrees to adhere
to the City's procurement process. The City shall reserve the right to investigate,
examine and audit, at any time, any and all such records relating to the operations or
expenditures of Grantee under this Agreement. The SCCDC will provide an
acceptable audit engagement letter for the 1999 audit report to the City of Beaumont
by January 31, 2000. The completed 1999 audit report will be provided to the City
by May 31, 2000. The audit fee will be paid directly to the auditor from other City
funds. Failure to complete the audit report by May 31, 2000 may result in contract
termination.
7.
Grantee covenants and agrees to fully cooperate with the City in monitoring the
effectiveness of the expenditure of grant funds and the City shall have access at all
reasonable times to the offices, premises and records of Grantee in regard to the
administration of this Contract.
8.
Grantee shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of the City. Grantee shall have exclusive control
of the program and all persons involved in same subject only to the terms of this
agreement and shall be solely responsible for the acts and omissions of its officers,
members, agents, servants, employees, subcontractors, program participants,
licensees and invitees. It is expressly understood and agreed that, other than those
5
people who receive wages on a regular basis from Grantor, that no officer, member,
agent, servant, employee, subcontractor, licensee, invitee of Grantee nor any program
participant hereunder is in the paid service of the City. It is also expressly understood
and agreed that Grantor will provide technical assistance to Grantee in the
furtherance of its program.
9.
Grantee hereby covenants and agrees, in consideration for the funds herein
provided to provide decent, safe and sanitary housing to eligible families of the City
of Beaumont, Jefferson County, Texas by constructing new homes in the Charlton-
Pollard Neighborhood for sale. It is understood that Grantee adheres to HOME
affordability requirements.
10.
No officer, employee or member of Grantee or Grantee's subcontractors shall have
a financial interest, direct or indirect, in this contract or the monies transferred
hereunder, or be financially interested, directly or indirectly, in any contract relating
to the operations conducted by it, nor in any contract for furnishing services or
supplies to Grantee. Any willful violation of this paragraph with the knowledge,
expressed or implied, of Grantee or its subcontractors, shall render this contract
voidable by the City of Beaumont.
11 .
No grants shall be made by Grantee to its directors or officers, either directly
or indirectly, through family members, business partners or employees. Grantee
6
agrees that no HOME funds shall be used, either directly or indirectly, for religious
purposes. Any willful violation of this paragraph with the knowledge, expressed or
implied, of Grantee shall render this contract voidable by the City of Beaumont.
12.
Grantee covenants and agrees that its officers, members, agents, employees,
program participants and subcontractors shall abide by and comply with all Federal,
State and local laws, including all ordinances, rules and regulations of the City of
Beaumont, as amended. Grantee further covenants and agrees that it will fully
comply with the terms and conditions of the HOME Program under which these funds
are granted.
13.
The provisions of this agreement are severable and if for any reason a clause,
sentence, paragraph, or other part of this agreement shall be determined to be invalid
by a court or federal or state agency, board or commission having jurisdiction over
the subject matter thereof, such invalidity shall not affect the other provisions which
can be given effect with the invalid provision.
14.
The failure of the City to insist upon the performance of any term or provision
of this agreement or to exercise any right herein conferred shall not be construed as
a waiver or relinquishment to any extent of the City's right to assert or rely upon any
such term or right on any future occasion.
7
15.
This written instrument and attachments constitute the entire agreement by the
parties hereto concerning the matter performed hereunder and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms
hereof shall be void.
16.
Grantee covenants and agrees to hold harmless the City and its officers,
agents, servants and employees, from and against any and all claims or suits for
property loss or damage and personal injury, including death to any and all persons,
or whatever kind of character whether real or asserted, arising out of or in connection
with the execution, performance, attempted performance or non-performance of this
contract and agreement and the operations, activities and services of the program
described herein, whether or not caused, in whole or in part, by alleged negligence
of officers, agents, servants, employees, contractors, or sub-contractors of the City.
8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
i
Beaumont, Jefferson County, Texas, this day of
A.D., 19
THE CITY OF BEAUMONT ATTEST:
By: Stephen J. Bonczek Barbara Liming
City Manager City Clerk
THE STATEWIDE CONSOLIDATED COMMUNITY
DEVELOPMENT CORPORATION, INC. ATTEST:
By: Robert Jones Leon Jake Campbell
Chairman Secretary-Treasurer
_ .. 9
"Fw-, B/T A "
PROGRAM BUDGET
Acquisition, rehabilitation or reconstruction of four
(4) houses in the Pear Orchard, North End and
South Park Neighborhoods. $125,400
TOTAL $125.400
PROJECT SCHEDULE
1 . Acquisition, rehabilitation or reconstruction of
first home by January 31, 2000.
1
2. Acquisition, rehabilitation or reconstruction of
second home by March 31, 2000.
3. Acquisition, rehabilitation or reconstruction of
third home by July 31 , 2000.
CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has received a HOME grant from the United States
Department of Housing and Urban Development (HOME Program No. M-99-MC-48-0201);
WHEREAS, pursuant to the authority of Resolution Number , passed by the
Beaumont City Council on November 9, 1999, the Statewide Consolidated Community
Development Corporation, Inc. (SCCDC) will enter into a contract with the City for HOME funds
totaling ONE HUNDRED TWENTY-SIX THOUSAND AND N01100 DOLLARS ($126,000);
WHEREAS, the HOME allocation of ONE HUNDRED TWENTY-SIX THOUSAND
DOLLARS ($126,000) will be used to provide home buyers' assistance for up to ten (10) existing
homes in neighborhoods targeted for revitalization.
WHEREAS, the Statewide Consolidated Community Development Corporation, Inc.
provides various services to eligible families of the City of Beaumont, Jefferson County, Texas
that enable such families to obtain a suitable place to reside;
WHEREAS, the Statewide Consolidated Community Development Corporation, Inc. will
secure the financial match requirements for the M-99-MC-48-0201 HOME grant. The financial
funding match requirement totals Fifteen Thousand Seven Hundred Fifty Dollars and no/100
($15,750);
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the mutual covenant, promises, and agreements contained
therein, the City of Beaumont, hereinafter referred to as "City", acting by and through Stephen
J. Bonczek, its duly authorized City Manager, and the Statewide Consolidated Community
Development Corporation, Inc., hereinafter referred to as "Grantee", acting by and through
Robert Jones, its duly authorized Chairman, do hereby covenant and agree as follows:
1
EXHIBIT "C"
1.
Grantee, located at 1090 South Fourth Street, shall use the Federal 1999 HOME grant
funds, herein provided for eligible project costs. Grantee will provide home buyers' assistance
in the form of mortgage principal buy downs, down payments and closing costs. Grantee will be
eligible to receive an administrative fee of $2,000 at the closing of each house. Grantee
covenants and agrees to expend federal grant funds in accordance with 24 CFR Part 92 (as now
in effect and as may be amended from time to time), which is incorporated by reference and
constitutes part of the agreement. It is expressly understood and agreed by Grantee that this
contract and the procurement authorized and provided for hereunder have as their purpose or goal
to provide decent, safe and sanitary housing units to eligible families. Grantee agrees to do all
things necessary under this contract to complete the program set out in "Exhibit A" attached
hereto.
2.
It is understood and agreed that in no event shall the total distribution of federal grant
funds made to or in behalf of the Grantee pursuant to this agreement exceed the total sum of ONE
HUNDRED TWENTY-SIX THOUSAND AND NO 1100 DOLLARS ($126,000).
3.
The City agrees to provide Grantee with ONE HUNDRED TWENTY-SIX THOUSAND
AND NO/100 ($126,000) of 1999 HOME grant funds to be available through the City's draw
process on or after the effective date of this contract. Grantee agrees and understands that this
contract shall terminate on December 31, 2000. Payment shall be made by the U.S. Treasury,
who will disburse 1999 HOME funds (wire transfer) through Cash Management Information
System (CM/I) directly to the City, who will make payments upon receipt of invoices or payment
vouchers from Grantee certifying that all requirements have been met. Grantee understands and
agrees that project activities must be committed by December 31, 2000. Failure to comply with
the aforementioned commitment will jeopardize funding. The Grantee understands that all grant
monies awarded may be terminated for cause or convenience. It is expressly understood and
agreed by and between the City and Grantee that any and all program income will be used by
Grantee for eligible project costs related to providing low income families with decent, safe and
2
affordable housing. Grantee further agrees that any grant funds remaining after this agreement
expires will revert to the City of Beaumont.
4.
Grantee understands and agrees that should Grantee become defunct or insolvent, any and
all grant funds on hand and any accounts receivable attributable to the use of grant funds shall
transfer to the City of Beaumont.
Grantee further understands and agrees to and shall transfer to the City of Beaumont any
program income, real properties, equipment, supplies and any assets acquired as a result of grant
funds if Grantee becomes defunct or insolvent.
5.
It is expressly understood and agreed by and between the City and Grantee that this
agreement is wholly conditioned upon the actual availability of federal HOME grant funds under
the United States Department of Housing and Urban Development (HOME Program No. M-99-
MC-48-0201) and that all monies distributed to or in behalf of Grantee hereunder shall be
exclusively from federal monies received under said HOME Program, and not from any other
monies of the City.
6.
Grantee agrees to keep accurate records to document its adherence to applicable federal
regulations and all "other federal requirements", along with documentation and records of all
expenditures of said HOME Program funds. Grantee further understands and agrees to comply
with the applicable requirements and standards of OMB Circular A-110 (Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments), said
provisions being incorporated herein by reference. The Grantee also understands and agrees to
adhere to the City's procurement process. The City shall reserve the right to investigate, examine
and audit, at any time, any and all such records relating to the operations or expenditures of
Grantee under this Agreement.
The SCCDC will provide an acceptable audit engagement letter for the 1999 audit report
to the City of Beaumont by January 31, 2000. The completed 1999 audit report will be provided
3
to the City of Beaumont by May 31, 2000. The audit fee will be paid directly to the auditor from
other City funds. Failure to complete the audit report by May 31, 2000 may result in contract
termination.
7.
Grantee covenants and agrees to fully cooperate with the City in monitoring the
effectiveness of the expenditure of grant funds and the City shall have access at all reasonable
times to the offices, premises and records of Grantee in regard to the administration of this
Contract.
8.
Grantee shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of the City. Grantee shall have exclusive control of the program and all
persons involved in same subject only to the terms of this agreement and shall be solely
responsible for the acts and omissions of its officers, members, agents, servants, employees,
subcontractors, program participants, licensees and invitees. It is expressly understood and agreed
that, other than those people who receive wages on a regular basis from Grantor, that no officer,
member, agent, servant, employee, subcontractor, licensee, invitee of Grantee nor any program
participant hereunder is in the paid service of the City. It is also expressly understood and agreed
that Grantor will provide technical assistance to Grantee in the furtherance of its program.
9.
Grantee hereby covenants and agrees, in consideration for the funds herein provided to
provide decent, safe and sanitary housing to eligible families of the City of Beaumont, Jefferson
County, Texas. It is understood that Grantee adheres to HOME affordability requirements.
10.
No officer, employee or member of Grantee or Grantee's subcontractors shall have a financial
interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially
interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in
any contract for furnishing services or supplies to Grantee. Any willful violation of this paragraph
with the knowledge, expressed or implied, of Grantee or its subcontractors, shall render this
contract voidable by the City of Beaumont.
4
11.
i
No grants shall be made by Grantee to its directors or officers, either directly or indirectly,
through family members, business partners or employees. Grantee agrees that no HOME funds
shall be used, either directly or indirectly, for religious purposes. Any willful violation of this
paragraph with the knowledge, expressed or implied, of Grantee shall render this contract voidable
by the City of Beaumont.
12.
Grantee covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all Federal, State and local laws,
including all ordinances, rules and regulations of the City of Beaumont, as amended. Grantee
further covenants and agrees that it will fully comply with the terms and conditions of the HOME
Program under which these funds are granted.
13.
The provisions of this agreement are severable and if for any reason a clause, sentence,
paragraph, or other part of this agreement shall be determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect the other provisions which can be given effect with the invalid provision.
14.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on
any future occasion.
15.
This written instrument and attachments constitute the entire agreement by the parties
hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or
written agreement which purports to vary from the terms hereof shall be void.
16.
Grantee covenants and agrees to hold harmless the City and its officers, agents, servants
and employees, from and against any and all claims or suits for property loss or damage and
5
- personal injury, including death to any and all persons, or whatever kind of character whether real
i
or asserted, arising out of or in connection with the execution, performance, attempted
performance or non-performance of this contract and agreement and the operations, activities and
services of the program described herein, whether or not caused, in whole or in part, by alleged
negligence of officers, agents, servants, employees, contractors, or sub-contractors of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Beaumont,
Jefferson County, Texas, this day of A.D., 19
THE CITY OF BEAUMONT ATTEST:
By: Stephen J. Bonczek Barbara Liming
City Manager City Clerk
f
THE STATEWIDE CONSOLIDATED COMMUNITY
DEVELOPMENT CORPORATION, INC. ATTEST:
By: Robert Jones Leon Jake Campbell
Chairman Secretary-Treasurer
"EXHIBIT A"
PROJECT BUDGET
Eligible projects costs for up to ten (10) existing homes
neighborhoods targeted for revitalization. An administrative
fee of$2,000 per home will be paid at closing. $126,000
TOTAL PROJECT BUDGET
PROJECT SCHEDULE
1. Two families assisted in purchasing a home by
3 January 31, 2000.
2. Two families assisted in purchasing a home
by March 31, 2000.
3. One family assisted in purchasing a home
by April 30, 2000.
4. Two families assisted in purchasing a home
by July 31, 2000.
CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has received a HOME grant from the United States
Department of Housing and Urban Development (HOME Program No. M-94-MC-48-0201 and
M-96-MC-48-0201);
WHEREAS, pursuant to the authority of Resolution Number passed by the
Beaumont City Council on November 9, 1999, the Statewide Consolidated Community
Development Corporation, Inc. (SCCDC) an authorized Community Housing Development
Organization (CHDO) will enter into a contract with the City for HOME funds totaling ONE
HUNDRED SEVENTY-SIX THOUSAND THREE HUNDRED AND EIGHTY-SIX AND
N01100 DOLLARS ($176,386);
WHEREAS, the HOME allocation of ONE HUNDRED SEVENTY-SIX THOUSAND
i THREE HUNDRED AND EIGHTY-SIX AND N01100 ($176,386) will be used to acquire and
rehabilitate or reconstruct four (4) to six (6) houses in the Pear Orchard, North End and South
Park Neighborhoods. The homes may be leased to Section 8 tenants of the Housing Authority
who participate in the family self sufficiency program. Every effort will be made to sell these
homes through a lease purchase agreement within three (3) to five (5) years. These homes will
provide decent, safe and sanitary housing for low income families. Funds may be used for home
buyer's assistance to include, but not limited to down payment, mortgage principal buy down,
closing costs, or any eligible expenses;
WHEREAS, the SCCDC provides various services to low income families of the
City of Beaumont, Jefferson County, Texas that enable such families to obtain a suitable place to
reside;
1
EXHIBIT "D"
WHEREAS, the SCCDC will secure the financial match requirements for the M-94-MC-
48-0201 and M-96-MC-48-0201 HOME grants. The financial funding match requirement totals
$22,048.25;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the mutual covenants, promises, and agreements contained
herein, the City of Beaumont, hereinafter referred to as "City", acting by and through Stephen J.
Bonczek, its duly authorized City Manager, and the Statewide Consolidated Community
Development Corporation, Inc., hereinafter referred to as "Grantee", acting by and through
Robert Jones, its duly authorized Chairman, do hereby covenant and agree as follows:
1.
Grantee, located at 1090 South Fourth Street, shall use the Federal 1994 and 1996 HOME
grant funds, herein provided, to acquire, rehabilitate or reconstruct up to six (6) homes for lease
or purchase by low income families. Grantee covenants and agrees to expend federal grant funds
in accordance with 24 CFR Part 92 (as now in effect and as may be amended from time to time),
which is incorporated by reference and constitutes part of the agreement. It is expressly
understood and agreed by Grantee that this contract and the procurement authorized and provided
for hereunder have as their purpose or goal to provide decent, safe and sanitary housing units to
low income persons. Grantee agrees to do all things necessary under this contract to complete the
program set out in "Exhibit A" attached hereto.
2.
It is understood and agreed that in no event shall the total distribution of federal grant
funds made to or on behalf of the Grantee pursuant to this agreement exceed the total sum of ONE
HUNDRED SEVENTY-SIX THOUSAND THREE HUNDRED EIGHTY-SIX AND N01100
DOLLARS ($176,386).
3.
The City agrees to provide Grantee with ONE HUNDRED SEVENTY-SIX THOUSAND
THREE HUNDRED EIGHTY-SIX AND NO/100 DOLLARS ($176,386) of 1994 and 1996
HOME grant funds to be available through the City's draw process on or after the effective date
2
of this contract. Grantee agrees and understands that this contract shall terminate on December
i
31, 2000. Payment shall be made by the U. S. Treasury, who will disburse 1994 and 1996
HOME funds (wire transfer) through Cash Management Information System (CM/I) directly to
the City, who will make payments upon receipt of invoices or payment vouchers from Grantee
certifying that all requirements have been met. Grantee understands and agrees that project
activities must be committed (an acceptable Project Set-up Report is entered into the CM/I) by
December 31, 2000. Failure to comply with the aforementioned commitment will jeopardize
funding. The Grantee understands that all grant monies awarded may be terminated for cause or
convenience. It is expressly understood and agreed by and between the City and Grantee that
funds will be used for acquisition, rehabilitation and reconstruction of homes in the City's targeted
neighborhoods. Grantee further agrees that any grant funds remaining after this agreement
expires will revert to the City.
4.
Grantee understands and agrees that should Grantee become defunct or insolvent, any and
all grant funds on hand and any accounts receivable attributable to the use of grant funds shall
transfer to the City. Grantee further understands and agrees to and shall transfer to the City any
program income, real properties, equipment, supplies and any assets acquired as a result of grant
funds if Grantee becomes defunct or insolvent, or this contract is terminated.
S.
It is expressly understood and agreed by and between the City and Grantee that this
agreement is wholly conditioned upon the actual availability of federal HOME grant funds under
the United States Department of Housing and Urban Development (HOME Program No. M-94-
MC-48-0201and M-96-MC-48-0201) monies distributed to or on behalf of Grantee hereunder shall
be exclusively from federal monies received under said HOME Program, and not from any other
monies of the City.
6.
Grantee agrees to keep accurate records to document its adherence to applicable federal
regulations and all "other federal requirements", along with documentation and records of all
expenditures of said HOME Program funds. Grantee further understands and agrees to comply
3
with the applicable requirements and standards of OMB Circular A-110 (Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments), said
provisions being incorporated herein by reference. The Grantee also understands and agrees to
adhere to the City's procurement process. The City shall reserve the right to investigate, examine
and audit, at any time, any and all such records relating to the operations or expenditures of
Grantee under this Agreement. The SCCDC will provide an acceptable audit engagement letter
to the City by January 31, 2000. The completed 1999 audit report will be provided to the City
by May 31, 2000. The audit fee will be paid directly to the auditor from other City funds.
Failure to complete the audit report by May 31, 2000 may result in contract termination.
7.
Grantee covenants and agrees to fully cooperate with the City in monitoring the
effectiveness of the expenditure of grant funds and the City shall have access at all reasonable
times to the offices, premises and records of Grantee in regard to the administration of this
Contract.
8.
Grantee shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of the City. Grantee shall have exclusive control of the program and all
persons involved in same subject only to the terms of this agreement and shall be solely
responsible for the acts and omissions of its officers, members, agents, servants, employees,
subcontractors, program participants, licensees and invitees. It is expressly understood and agreed
that, other than those people who receive wages on a regular basis from Grantor, that no officer,
member, agent, servant, employee, subcontractor, licensee, invitee of Grantee nor any program
participant hereunder is in the paid service of the City. It is also expressly understood and agreed
that Grantor will provide technical assistance to Grantee in the furtherance of its program.
9.
Grantee hereby covenants and agrees, in consideration for the funds herein provided to
provide decent, safe and sanitary housing to low and moderate income families of the City of
Beaumont, Jefferson County, Texas. It is understood that Grantee adheres to HOME
affordability requirements.
4
10.
No officer, employee or member of Grantee or Grantee's subcontractors shall have a
financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be
financially interested, directly or indirectly, in any contract relating to the operations conducted
by it, nor in any contract for furnishing services or supplies to Grantee. Any willful violation of
this paragraph with the knowledge, expressed or implied, of Grantee or its subcontractors, shall
render this contract voidable by the City.
11.
No grants shall be made by Grantee to its directors or officers, either directly or indirectly,
through family members, business partners or employees. Grantee agrees that no HOME funds
shall be used, either directly or indirectly, for religious purposes. Any willful or violation of this
paragraph with the knowledge, expressed or implied, of Grantee shall render this contract voidable
by the City.
12.
Grantee covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all Federal, State and local laws,
including all ordinances, and rules and regulations of the City, as amended. Grantee further
covenants and agrees that it will fully comply with the terms and conditions of the HOME
Program under which these funds are granted.
13.
The provisions of this agreement are severable and if for any reason a clause, sentence,
paragraph, or other part of this agreement shall be determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect the other provisions which can be given effect with the invalid provision.
14.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on
any future occasion.
5
15.
This written instrument and attachments constitute the entire agreement by the parties
hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or
written agreement which purports to vary from the terms hereof shall be void.
16.
Grantee covenants and agrees to hold harmless the City and its officers, agents, servants
and employees, from and against any and all claims or suits for property loss or damage and/or
personal injury, including death to any and all persons, or whatever kind of character whether real
or asserted, arising out of or in connection with the execution, performance, attempted
performance or non-performance of this contract and agreement and/or the operations, activities
and services of the program described herein, whether or not caused, in whole or in part, by
alleged negligence of officers, agents, servants, employees, contractors, or sub-contractors of the
City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Beaumont,
r Jefferson County, Texas, this day of A.D., 19
THE CITY OF BEAUMONT ATTEST:
By: Stephen J. Bonczek Barbara Liming
City Manager City Clerk
STATEWIDE CONSOLIDATED COMMUNITY
DEVELOPMENT CORPORATION, INC. ATTEST:
By: Robert Jones Leon Jake Campbell
Chairman Secretary-Treasurer
J 6
EXHIBIT "A"
1. Acquire, rehabilitate or reconstruct four (4) to
six (6) houses in the Pear Orchard, North End,
and South Park Neighborhoods. $176,386
TOTAL PROGRAM BUDGET $176,386
PROJECT SCHEDULE
1. Acquisition, rehabilitation or reconstruction of first
home by January 31, 2000.
2. Acquisition, rehabilitation or reconstruction of second
and third home by March 31, 2000.
3. Acquisition, rehabilitation or reconstruction of the third
and fourth home by July 31, 2000.
7
CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has received a HOME grant from the United States
Department of Housing and Urban Development (HOME Program No. M-99-MC-48-0201);
WHEREAS, pursuant to the authority of Resolution Number passed by the
Beaumont City Council on November 9, 1999, the Statewide Consolidated Community
Development Corporation, Inc. (SCCDC) will enter into a contract with the City for HOME funds
totaling TWO HUNDRED THOUSAND AND N01100 DOLLARS ($200,000);
WHEREAS, the HOME allocation of TWO HUNDRED THOUSAND DOLLARS AND
N01100 DOLLARS ($200,000) will be used to acquire and rehabilitate or reconstruct up to seven
(7) homes in the Avenues Neighborhood. to provide safe and sanitary housing for low and
moderate income families;
WHEREAS, the Statewide Consolidated Community Development Corporation, Inc.
provides various services to eligible families of the City of Beaumont, Jefferson County, Texas
that enable such families to obtain a suitable place to reside;
WHEREAS, the Statewide Consolidated Community Development Corporation, Inc. will
secure the financial match requirements for the M-99-MC-48-0201 HOME grant. The financial
funding match requirement totals Twenty-Five Thousand and no/100 ($25,000);
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the mutual covenant, promises, and agreements contained
therein, the City of Beaumont, hereinafter referred to as "City", acting by and through Stephen
J. Bonczek, its duly authorized City Manager, and the Statewide Consolidated Community
Development Corporation, Inc., hereinafter referred to as "Grantee", acting by and through
Robert Jones, its duly authorized Chairman, do hereby covenant and agree as follows:
1.
1
EXHIBIT "E"
Grantee, located at 1090 South Fourth Street, shall use the Federal 1999 HOME grant
funds, herein provided, to acquire, rehabilitate or reconstruct up to seven (7) homes which will
be leased or sold to low income families. Grantee covenants and agrees to expend federal grant
funds in accordance with 24 CFR Part 92 (as now in effect and as may be amended from time to
time), which is incorporated by reference and constitutes part of the agreement. It is expressly
understood and agreed by Grantee that this contract and the procurement authorized and provided
for hereunder have as their purpose or goal to provide decent, safe and sanitary housing units to
eligible families. Grantee agrees to do all things necessary under this contract to complete the
program set out in "Exhibit A" attached hereto.
2.
It is understood and agreed that in no event shall the total distribution of federal grant
funds made to or in behalf of the Grantee pursuant to this agreement exceed the total sum of TWO
HUNDRED THOUSAND AND NO 1100 DOLLARS ($200,000).
3.
The City agrees to provide Grantee with TWO HUNDRED THOUSAND AND N01100
DOLLARS ($200,000) of 1999 HOME grant funds to be available through the City's draw
process on or after the effective date of this contract. Grantee agrees and understands that this
contract shall terminate on December 31, 2000. Payment shall be made by the U.S. Treasury,
who will disburse 1999 HOME funds (wire transfer) through Cash Management Information
System (CMM directly to the City, who will make payments upon receipt of invoices or payment
vouchers from Grantee certifying that all requirements have been met. Grantee understands and
agrees that project activities (construction) must be committed (an acceptable Project Set-up
Report is entered into the CM/I) by December 31, 2000. Failure to comply with the
aforementioned commitment will jeopardize funding. The Grantee understands that all grant
monies awarded may be terminated for cause or convenience. It is expressly understood and
agreed by and between the City and Grantee that any and all program income will be used by
Grantee to build capacity, i.e., administrative costs, operational expenses, and/or any eligible
activities. Grantee further agrees that any grant funds remaining after this Agreement expires will
revert to the City of Beaumont.
2
4.
Grantee understands and agrees that Grantee (Statewide Consolidated Community
Development Corporation, Inc.) Become defunct or insolvent, any and all grant funds on hand and
any accounts receivable attributable to the use of grant funds shall transfer to the City of "
Beaumont.
Grantee further understands and agrees to and shall transfer to the City of Beaumont any
program income, real properties, equipment, supplies and any assets acquired as a result of grant
funds.
5.
It is expressly understood and agreed by and between the City and Grantee that this
agreement is wholly conditioned upon the actual availability of federal HOME grant funds under
the United States Department of Housing and Urban Development (HOME Program No. M-99-
MC-48-0201) and that all monies distributed to or in behalf of Grantee hereunder shall be
exclusively from federal monies received under said HOME Program, and not from any other
monies of the City.
6.
Grantee agrees to keep accurate records to document its adherence to applicable federal
regulations and all "other federal requirements", along with documentation and records of all
expenditures of said HOME Program funds. Grantee further understands and agrees to comply
with the applicable requirements and standards of OMB Circular A-110 (Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments), said
provisions being incorporated herein by reference. The Grantee also understands and agrees to
adhere to the City's procurement process. The City shall reserve the right to investigate, examine
and audit, at any time, any and all such records relating to the operations or expenditures of
Grantee under this Agreement. The SCCDC will provide an acceptable audit engagement letter
for the 1999 audit report to the City of Beaumont by January 31, 2000. The completed 1999 audit
report will be provided to the City by April 30, 2000. The audit fee will be paid directly to the
auditor from other City funds. Failure to complete the audit report by April 30, 2000 may result
in contract termination.
3
7.
Grantee covenants and agrees to fully cooperate with the City in monitoring the
effectiveness of the expenditure of grant funds and the City shall have access at all reasonable
times to the offices, premises and records of Grantee in regard to the administration of this
Contract.
9.
Grantee shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of the City. Grantee shall have exclusive control of the program and all
persons involved in same subject only to the terms of this agreement and shall be solely
responsible for the acts and omissions of its officers, members, agents, servants, employees,
subcontractors, program participants, licensees and invitees. It is expressly understood and agreed
that, other than those people who receive wages on a regular basis from Grantor, that no officer,
member, agent, servant, employee, subcontractor, licensee, invitee of Grantee nor any program
participant hereunder is in the paid service of the City. It is also expressly understood and agreed
that Grantor will provide technical assistance to Grantee in the furtherance of its program.
9.
Grantee hereby covenants and agrees, in consideration for the funds herein provided to
provide decent, safe and sanitary housing to eligible families of the City of Beaumont, Jefferson
County, Texas by acquiring and rehabilitating sub-standard housing. It is understood that Grantee
adheres to HOME affordability requirements.
10.
No officer, employee or member of Grantee or Grantee's subcontractors shall have a financial
interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially
interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in
any contract for furnishing services or supplies to Grantee. Any willful violation of this paragraph
with the knowledge, expressed or implied, of Grantee or its subcontractors, shall render this
contract voidable by the City of Beaumont.
11.
4
No grants shall be made by Grantee to its directors or officers, either directly or indirectly,
' through family members, business partners or employees. Grantee agrees that no HOME funds
shall be used, either directly or indirectly, for religious purposes. Any willful violation of this
paragraph with the knowledge, expressed or implied, of Grantee shall render this contract voidable
by the City of Beaumont.
12.
Grantee covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all Federal, State and local laws,
including all ordinances, rules and regulations of the City of Beaumont, as amended. Grantee
further covenants and agrees that it will fully comply with the terms and conditions of the HOME
Program under which these funds are granted.
13.
The provisions of this agreement are severable and if for any reason a clause, sentence,
paragraph, or other part of this agreement shall be determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect the other provisions which can be given effect with the invalid provision.
14.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on
any future occasion.
15.
This written instrument and attachments constitute the entire agreement by the parties
hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or
written agreement which purports to vary from the terms hereof shall be void.
16.
Grantee covenants and agrees to hold harmless the City and its officers, agents, servants
and employees, from and against any and all claims or suits for property loss or damage and
personal injury, including death to any and all persons, or whatever kind of character whether real
` 5
or asserted, arising out of or in connection with the execution, performance, attempted
performance or non-performance of this contract and agreement and the operations, activities and
services of the program described herein, whether or not caused, in whole or in part, by alleged
negligence of officers, agents, servants, employees, contractors, or sub-contractors of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Beaumont,
Jefferson County, Texas, this day of A.D., 19
THE CITY OF BEAUMONT ATTEST:
By: Stephen J. Bonczek Barbara Liming
City Manager City Clerk
THE STATEWIDE CONSOLIDATED COMMUNITY
DEVELOPMENT CORPORATION, INC. ATTEST:
By: Robert Jones Leon Jake Campbell
President Secretary-Treasurer
6
f "EXHIBIT A "
PROGRAM BUDGET
I. Property Acquisition and Rehabilitation $200,000
TOTAL PROGRAM BUDGET $200,000
PROJECT SCHEDULE
s I. Acquire and rehabilitate up to two (2) houses by
February 29, 2000.
II. Acquire and rehabilitate the third house by April 30, 2000.
III. Acquire and rehabilitate the fourth and fifth house by
June 30, 2000.
{
CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has received a HOME grant from the United States
Department of Housing and Urban Development (HOME Program No. M-99-MC-48-0201);
W111 REAS, pursuant to the authority of Resolution Number , passed by the
Beaumont City Council on November 9, 1999, the Statewide Consolidated Community
Development Corporation, Inc. (SCCDC) will enter into a contract with the City for HOME funds
totaling THREE HUNDRED EIGHTY-FOUR THOUSAND SIX HUNDRED AND NO 1100
($384,600);
WHEREAS, the HOME allocation of THREE HUNDRED EIGHT-FOUR THOUSAND
SIX HUNDRED DOLLARS ($384,600) will be used to provide home buyers' assistance
($301,000) for eleven (11) new homes and administrative/operating costs ($83,000) for the
CHDO. New construction will provide decent, safe and sanitary housing for eligible families.
Funds may be used for home buyer's assistance to include mortgage principal buy down, closing
cost, pre-paids or any eligible project costs;
WHEREAS, the Statewide Consolidated Community Development Corporation, Inc.
provides various services to eligible families of the City of Beaumont, Jefferson County, Texas
that enable such families to obtain a suitable place to reside;
WHF ZEAS, the Statewide Consolidated Community Development Corporation, Inc. will
secure the financial match requirements for the M-99-MC-48-0201 HOME grant. The financial
funding match requirement totals Thirty-seven Thousand Six Hundred Twenty-five Dollars and
no/100 ($37,625.00);
1
EXHIBIT "F"
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the mutual covenant, promises, and agreements contained
therein, the City of Beaumont, hereinafter referred to as "City", acting by and through Stephen
J. Bonczek, its duly authorized City Manager, and the Statewide Consolidated Community
Development Corporation, Inc., hereinafter referred to as "Grantee", acting by and through
Robert Jones, its duly authorized Chairman, do hereby covenant and agree as follows:
1.
Grantee, located at 1090 South Fourth Street, shall use the Federal 1999 HOME grant
funds, herein provided, to provide down payment and closing cost assistance to eligible families.
Grantee covenants and agrees to expend federal grant funds in accordance with 24 CFR Part 92
(as now in effect and as may be amended from time to time), which is incorporated by reference
and constitutes part of the agreement. It is expressly understood and agreed by Grantee that this
contract and the procurement authorized and provided for hereunder have as their purpose or goal
to provide decent, safe and sanitary housing units to eligible families. Grantee agrees to do all
things necessary under this contract to complete the program set out in "Exhibit A" attached
hereto. Grantee will adhere to the Construction Design Criteria as shown in "Exhibit B" attached
hereto.
2.
It is understood and agreed that in no event shall the total distribution of federal grant
funds made to or in behalf of the Grantee pursuant to this agreement exceed the total sum of
THREE HUNDRED EIGHTY-FOUR THOUSAND SIX HUNDRED DOLLARS AND N01100
($384,600);
3.
The City agrees to provide Grantee with THREE HUNDRED EIGHTY-FOUR
THOUSAND SIX HUNDRED DOLLARS AND N01100 ($384,600) of 1999 HOME grant funds
to be available through the City's draw process on or after the effective date of this contract.
Grantee agrees and understands that this contract shall terminate on December 31, 2000..
Payment shall be made by the U.S. Treasury, who will disburse 1999 HOME funds (wire transfer)
through Cash Management Information System (CM/I) directly to the City, who will make
2
i
payments upon receipt of invoices or payment vouchers from Grantee certifying that all
requirements have been met. Grantee understands and agrees that project activities (construction)
must be committed (an acceptable Project Set-up Report is entered into the CM/I) by December
31, 2000. Failure to comply with the aforementioned commitment will jeopardize funding. The
Grantee understands that all grant monies awarded may be terminated for cause or convenience.
It is expressly understood and agreed by and between the City and Grantee that any and all
program income will be used by Grantee for (a) eligible project cost related to the development
and construction of new houses in neighborhoods targeted for revitalization and (b) for home
buyer's assistance to include, but not limited to lease-purchase, mortgage principal buy down,
closing cost, pre-paids or any other eligible expenses. Grantee further agrees that any grant funds
remaining after this agreement expires will revert to the City of Beaumont.
4.
If construction cannot be commenced by its start date as set out in "Exhibit A" SCCDC
shall notify the City in writing at least 30 days prior to the commencement date of the specific
nature of the events that prevent the commencement of construction. The City shall either
approve a new commencement date or deny the request for extension. The decision of the City's
representative shall be final. If a new start date is not approved funds allocable to the structure
will be removed from the contract and SCCDC will be required to deed to the City any real
property provided.
Homes to be constructed under this contact will meet or exceed the design criteria and
specifications as set out in "Exhibit B". Variations from "Exhibit B" should be approved in writing
by the City's representative. Quality and affordability shall be the criteria used to determine
whether a requested variance will be approved.
5.
Grantee understands and agrees that should Grantee become defunct or insolvent, any and
all grant funds on hand and any accounts receivable attributable to the use of grant funds shall
transfer to the City of Beaumont.
3
Grantee further understands and agrees to and shall transfer to the City of Beaumont any
program income, real properties, equipment, supplies and any assets acquired as a result of grant
funds if Grantee becomes defunct or insolvent.
6.
It is expressly understood and agreed by and between the City and Grantee that this
agreement is wholly conditioned upon the actual availability of federal HOME grant funds under
the United States Department of Housing and Urban Development (HOME Program No. M-99-
MC-48-0201) and that all monies distributed to or in behalf of Grantee hereunder shall be
exclusively from federal monies received under said HOME Program, and not from any other
monies of the City.
7.
Grantee agrees to keep accurate records to document its adherence to applicable federal
regulations and all "other federal requirements", along with documentation and records of all
expenditures of said HOME Program funds. Grantee further understands and agrees to comply
with the applicable requirements and standards of OMB Circular A-110 (Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments), said
provisions being incorporated herein by reference. The Grantee also understands and agrees to
adhere to the City's procurement process. The City shall reserve the right to investigate, examine
and audit, at any time, any and all such records relating to the operations or expenditures of
Grantee under this Agreement. The SCCDC will provide an acceptable audit engagement letter
for the 1999 audit report to the City of Beaumont by January 31, 2000. The completed 199 audit
report will be provided to the City by May 31, 2000. The audit fee will be paid directly to the
auditor from other City funds. Failure to complete the audit report by May 31, 2000 may result
in contract termination.
8.
Grantee covenants and agrees to fully cooperate with the City in monitoring the
effectiveness of the expenditure of grant funds and the City shall have access at all reasonable
times to the offices, premises and records of Grantee in regard to the administration of this
Contract.
4
9.
s
Grantee shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of the City. Grantee shall have exclusive control of the program and all
persons involved in same subject only to the terms of this agreement and shall be solely
responsible for the acts and omissions of its officers, members, agents, servants, employees,
subcontractors, program participants, licensees and invitees. It is expressly understood and agreed
that, other than those people who receive wages on a regular basis from Grantor, that no officer,
member, agent, servant, employee, subcontractor, licensee, invitee of Grantee nor any program
participant hereunder is in the paid service of the City. It is also expressly understood and agreed
that Grantor will provide technical assistance to Grantee in the furtherance of its program.
10.
Grantee hereby covenants and agrees, in consideration for the funds herein provided to
provide decent, safe and sanitary housing to eligible families of the City of Beaumont, Jefferson
County, Texas by constructing new homes in neighborhoods targeted for revitalization for sale.
It is understood that Grantee adheres to HOME affordability requirements.
11.
No officer, employee or member of Grantee or Grantee's subcontractors shall have a financial
interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially
interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in
any contract for furnishing services or supplies to Grantee. Any willful violation of this paragraph
with the knowledge, expressed or implied, of Grantee or its subcontractors, shall render this
contract voidable by the City of Beaumont.
12.
No grants shall be made by Grantee to its directors or officers, either directly or indirectly,
through family members, business partners or employees. Grantee agrees that no HOME funds
shall be used, either directly or indirectly, for religious purposes. Any willful violation of this
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paragraph with the knowledge, expressed or implied, of Grantee shall render this contract voidable
by the City of Beaumont.
13.
Grantee covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all Federal, State and local laws,
including all ordinances, rules and regulations of the City of Beaumont, as amended. Grantee
further covenants and agrees that it will fully comply with the terms and conditions of the HOME
Program under which these funds are granted.
14.
The provisions of this agreement are severable and if for any reason a clause, sentence,
paragraph, or other part of this agreement shall be determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect the other provisions which can be given effect with the invalid provision.
15.
The failure of the City to insist upon the performance of any term or provision of this
f agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on
any future occasion.
16.
This written instrument and attachments constitute the entire agreement by the parties
hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or
written agreement which purports to vary from the terms hereof shall be void.
17.
Grantee covenants and agrees to hold harmless the City and its officers, agents, servants
and employees, from and against any and all claims or suits for property loss or damage and
personal injury, including death to any and all persons, or whatever kind of character whether real
or asserted, arising out of or in connection with the execution, performance, attempted
performance or non-performance of this contract and agreement and the operations, activities and
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services of the program described herein, whether or not caused, in whcle or in part, by alleged
negligence of officers, agents, servants, employees, contractors, or sub-contractors of the City.
IN WITNESS WIJEREOF, the parties hereto have executed this Agreement in Beaumont,
Jefferson County, Texas, this day of A.D., 19
THE CITY OF BEAUMONT ATTEST:
By: Stephen J. Bonczek Barbara Liming
City Manager City Clerk
THE STATEWIDE CONSOLIDATED COMMUNITY
DEVELOPMENT CORPORATION, INC. ATTEST:
By: Robert Jones Leon Jake Campbell
Chairman Secretary-Treasurer
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' XHIBIT A "
PROGRAM BUDGET
Principal buy downs, down payments and closing costs
for eleven (11) homes in neighborhoods targeted for
revitalization. $301,000
Administrative and operating costs for the CHDO 83,600
TOTAL
PROJECT SCHEDULE
1. Construction of first three homes will begin by February 29, 2000..
Construction on first three homes will be completed by May 31, 2000.
2. Construction of additional three homes are to begin by April 30, 2000.
Construction will be completed on three additional homes by July 31,2000
3. Construction of additional three homes will begin by June 30, 2000.
Construction completion date on three additional homes is planned
for September 30, 2000.
4. Construction of the final two homes will begin by September 30, 2000.
Completion date for the final two homes is anticipated for December 31, 2000.
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EXHIBIT "B"
CITY OF BEAUMONT
NEW CONSTRUCTION - LOW INCOME NEIGHBORHOODS
Design Criteria
Floor plans designed for new construction in low income neighborhoods shall
comply with a simple design criteria and minimum specifications:
* Floor plan width shall range from thirty (30) to forty (40) feet and
shall be no more than fifty (50) feet in length.
* Floor plan layouts shall range from three (3) bedrooms and two (2)
baths with 1200 sq. ft. living area to four bedrooms and two (2)
baths with 1400 sq. ft. of living area.
* Average length of driveway shall be thirty-five (35) LF in length X
ten (10) LF in width.
* Walkway length may vary from (4) feet in width and three and one-
half(3 '/2") inches in thickness.
Please refer to attachments for other design criteria. If we can be of further
assistance please feel free to contact the Housing Division of the City of Beaumont,
Economic Development Division at (409) 880-3763.
SECTION I - SITE WORK
1. CLEARING: Remove all trees, bushes, and vegetation in the area of construction within 10'-
0" outside the building periphery. Remove all roots and debris from this area and fill with select fill
material. Remove all grass, paving, etc.
2. EARTHWORK AND FILL: Shape and grade site to provide positive surface drainage
from rear property line to front curb. The building area shall be stripped of ALL vegetation, concrete
and any underlying poor quality fill. Any roots larger than one-half inch in diameter shall be grubbed,
and all soft areas in the subgrade shall be excavated to firm soil. Fill shall be 60/40 clay and sand fill,
6" to 8" and compacted to 95% standard proctor density.
3. TERMITE TREATMENT: Prior to placement of 6 mil polyethylene vapor barrier, soil area
under the building shall receive termite treatment by a licensed professional pest control operator
using termiticides which bear a federal registration number of the U.S. Environmental Protection
Agency. Ternuticides used may be Chloropyrifos ("Dursban TC") or Permathrin ("Dragnet",
"Torpedo") or approved equal.
Pest control applicator of the above shall furnish to the owner a Certificate of Warranty for each
building, certifying that the applied soil ter miticide treatment will prevent infestation of subterranean
termites for a period of(5) five years.
4. LANDSCAPING ALLOWANCE: The entire lot shall be sprigged with St. Augustine grass
and watered. Landscaping shall also include shrubbery.
SECTION I-A - FOUNDATION
1. All concrete shall test 2500 p.s.i. at 28 days. Waterproofing shall be of 6 mil. polyethylene with
a minimum of a 12" lap. Fill shall be of a quality grade 60/40 clay sand mix minimum 8" in depth or
as required and to be compacted to a 95% standard proctor density.
2. Minimum re-bar size shall be 5/8" re-bar, 5 -re-bar per exterior beam, 4 - re-bar per interior beam. .
All re-bar must be bent to make corner bends on both exterior and interior beams. No hot bends will
be permitted. Grade beam re-bar shall be supported by a minimum 6" x 6", 96 ga. cut mesh stirrup
no less than 36"on center. imum beam depth interior and exterior shall be no less than 20" with
a minimum of 8" into undisturbed soil. Slab height is to be established as 12" above natural ground
level. Beam width shall be 12" at the bottom of the beam sloping to•15" at top. When it is necessary
to have deeper or wider grade beams than the minimum, additional reinforcement shall be installed
as required.
Mnimum slab thickness shall be 3 - '/z", reinforced with 6 x6, #6 x #6 welded wire mesh (mats only).
WLre mesh must be lifted into middle of slab during pouring. When slab preparation is complete, an
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inspection must be made, and work approved, by a duly authorized representative of the City of
Beaumont, p iar to placement of concrete. '/z" x 6" anchor bolts shall be placed along the perimeter
of the building a maximum of 5' on center.
SECUON_11 - MASONRY
1. MASONRY WORK: Exterior face brick shall be selected from range of"King Size" clay
fired brick units using an allowance of$2351M, Brick shall be installed by experienced tradesmen
using Type S mortar. All units shall be set level and plumb with full bed and head joints. Joints shall
be tooled concave. Care shall be taken to assure that head joint weeps are placed at maximum 24".
Upon completion and curing of brickwork, it shall be thoroughly cleaned of dirt and loose mortar
using a stiff brush with detergent and water. After brick work has thoroughly dried, it shall be given
a coat of PRIM-A-PELL 200 water repellant in accordance with manufacturer's instructions. Care
shall be taken to prevent mortar droppings from entering and blocking or bridging the cavity between
the back of masonry and sheathing. Continuous plastic flashing (damp course), equal to "Nervestral
RD", shall be installed at the brick ledge. Extend plastic flashing up behind exterior sheathing a
minimum of 5".
2. MASONRY STYLE: Contractor shall provide three separate styles of"King Size" brick
along with exterior trim color scheme for each separate style. Styles shall be organized on the building
site where no two adjacent residences will have the same style brick or color scheme.
SECTION ITI - WOOD FRAMING:
1. MATERIAL GRADES: Minimum grade for exterior wall and partition framing shall be stud
grade or better. Size shall be 2" x 4", spacing shall be 16" on center. All toe plates shall be factory
pressure treated.
2. CEILING FRAMING: Minimum grade not less than #3, minimum size 2" x 6", maximum
spacing shall be 20" on center with 2" x 6" strong backs set at the middle of spans over 12.
3. ROOF FRAMING: Grade not less than#3, minimum size 2" x 6", maximum spacing 20"
on center,bracing shall be 2" x 4" -40" on center,2" x 4" collar ties and pearling. All ridges and hips
shall be minimum 2" x 8".
4. ROOFS: Decking shall be 1/2" x 4' x 8' C.D. plywood with h clips. Roofing shall consist of
minimum 215#/SQ Class "A", fungus resistant, fiberglass composition shingles with 3 tab shingle seal
tabs installed over 15# building felt underlayment. Shingles shall be installed with a maximum 5"
exposure and matching hip and ridge units, with a minimum of six(6) fasteners per shingle. Granule
color shall be as selected by the owner from the full line available from the manufacturer. Contractor
shall provide to the owner the manufacturer's written 20 year warranty.
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Metal flashing(where required) shall be galvanized steel and where exposed shall be painted to match
adjacent surfaces. Edge strip shall be 26 ga. galvanized.
5. FRAMING ANCHORS: Placement of corner bracing and all framing anchors shall
comply with State Board of Insurance windstorm specifications.
SECTION TV - DRYWALL
1. DRYWALL: Interior finish of all exterior walls, and all interior partitions shall be sheathed
with 1/2" inch thick gypsum wall board applied vertically, and with all joints taped and floated smooth.
Wall board shall be attached to studs with galvanized 13/8" long nails at a maximum spacing of 8"
inches o.c. Ceiling shall be sheathed with'h"thick gypsum board panels nailed at maximum 7" inches
o.c. Exposed gypsum board corners shall be reinforced with#118 continuous corner bead.
All exposed gypsum board will be textured with a medium:splatter drag pattern and painted.
SECTION V - DOORS
1. EXTERIOR DOORS: Exterior doors,and garage passage door, shall be 13/4" insulated metal
doors. See floor plan for size. Wood frames shall have concealed metal reinforcement at latch/lock
point. All exterior doors will be provided with a separate dead-bolt lock and a standard lockset to
be keyed alike.
2. INTERIOR DOORS: Shall be as scheduled and sized as noted on the floor plan. Each
interior door shall be 13/8" flush panel hollow core with paint grade mahogany veneer faces. Each
door will be hung in a wood frame with wood trim and one pair of butts and latch or lock hardware
as scheduled. All wood doors and frames shall be primed and given two coats of enamel.
3. PATIO DOORS: Patio doors shall be C double insulated safety glazed glass.
4. GARAGE DOOR: Steel (painted)
SECTION VI - WINDOWS
1. WINDOWS: All windows shall be insulated, single hung aluminum with positive locking
hardware, adjustable balances, protective weatherstripping and positive sealing at meeting rail.
Windows shall be equal to ALENCO 380, and shall be supplied with removable insect screens.
Windows shall be sized as noted on the elevations.
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i SECTION VII - CABINETS
1. CABINETS: - Cabinets shall be of stained grade birch plywood, kitchen tops shall be plastic
laminate, bath tops of a plastic laminate, hardware allowance will be standard. All nail holes and
joints in cabinets shall be puttied as to provide smooth exterior finish and stained in medium
mahogany finish and sealed. Prefabricated cabinets are not acceptable. Kitchen tops shall be
constructed of 3/4" plywood with formica roll back to upper cabinets. Tops shall cover base unit
with a minimum of 2" overhang. Prefabricated kitchen tops are not acceptable.
SECTION VM - PLUMBING
1. PLUMBING: All plumbing work shall conform, as a minimum to the City of Beaumont
Plumbing Code and all piping, both supply, drainage and venting, shall be sized in accordance with
the National Plumbing Code. Preference shall be given to the City ofBeaumont Code where different
from the National Code. All supply piping shall be seamless copper tubing. Sanitary drains and
venting may be schedule 40 PVC as permitted by the Plumbing Code. All supply piping running in
exterior walls or attic shall be insulated with formed fiberglass insulation and vapor barrier jacket.
Exterior hose bibs shall be freeze-proof All fixtures and plumbing appliances shall be provided with
stops on the supply at each fixture. City water service shall be supplied through a 518" meter
fiinnished and installed by the City of Beaumont. Contractor is responsible for extending service from
meter to building.
2. FIXTURES:
'PE MANUFACTURER
Water closet Gerber 21-202
Fiberglass tub Aqua Glass AG6081-T
Lavatory Gerber 12-844
Kitchen sink Kingsford K23322A
Water Heater 40 Gal. Rheem Electric
Hose Bibb Woodford#25
Clean Out Schier 4"
Faucets Delta or equal
3. WATER, SEWER-TAPS, BUILDING PERMITS: Contractor shall be responsible
for obtaining all required permits and inspections. The fee for these permits shall be waived.
}
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Y SECTION IX - FLOORING
1. VINYL FLOORING: All flooring, throughout all dwellings, shall be FHA approved vinyl at
an allowance cost of$1.05 per sq. ft. (installed). Contractor shall provide a minimum of three
flooring designs, to be approved by the Owner.
2. CARPET: Wall to wall carpet shall be 100% nylon with minimum 2% face weight. Padding to
have minimum thickness of/?. Include metal thresholds wherever carpeting stops. All carpet and
pads shall be FHA approved. Contractor shall provide a minimum of three flooring designs, to be
approved by the Owner.
SECTION X - ELECTRICAL
1. ELECTRICAL WORK: Electrical work and appliances, fixtures, panels, and devices
installed in this work shall be in strict conformance with the National Electrical Code and the
Electrical Code for the City of Beaumont. All fixtures, devices, panels, and appliances shall bear the
Underwriters Label. All conductors shall be copper. The electrical contractor will coordinate with
the Utility Company to provide temporary poles for construction and for the timely hook-up of power
to the building; and arrange for same. All breakers in the electrical panel shall be labeled
(typewritten).
Electrical service shall consist of a minimum ISO amp single phase 115/230 volts, 3 wire overhead
service to a weather head and meter can. Service entry will be connected to a minimum 12 circuit
1 phase v ith a 125 amp MLO and 100 amp feed from line. Where service meter is located on outside
of structure, breaker panel shall back up to meter on inside of structure.
2. LIGHTING/TELEPHONE/CABLE JACKS: A minimum of three telephone outlets per
dwelling shall be installed, one in the Family Room, one in the Master Bedroom and one in the
Kitchen. Two television cable outlets shall be installed, one in the Family Room and one in the
Master Bedroom of each dwelling.
SECTION XI - KITCHEN EQUIPMENT
1. APPLIANCES: Contractor furnished and installed appliances include the kitchen range/oven
and range hood as noted on the drawings. Range/oven shall be a floor mounted slide in electric
range/oven combination in standard color as selected. Vent from electric vent hood shall extend
through the roof and terminate with a galvanized weather cap.
2. DRYER VENTS: Dryer vents shall be located in proximity of washer and dryer. See
plans.
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SECTION XH - FINISH CARPENTRY
1. MATERIALS: Softwood lumber shall comply with PSI-74 and applicable grading and
inspecting agency for species and product indicated. Finger jointed glued up or solid stock may be
used at contractors option. Finish lumber shall be "B" and "Btr", Y.P., or "C" grade W.P. with a
maximum 12% moisture content.
Softwood plywood shall provide APA graded panels and complying with PSI/ANSI A199.1.
Exterior plywood shall be exterior grade for all thicknesses. Cedar textured 1-11 plywood shall be
a minimum 5/8" thick with grooves at 4" o.c.
2. INSTALLATION: Install finish carpentry work plumb, level, true and straight, with no
distortions. Shim as required using concealed shims. Scribe and cut finish carpentry items to fit
adjoining work Anchor finish carpentry work securely to supports using concealed fasteners and
blind nailing where possible. Install with minimum number of joints possible, using full length pieces
from maximum length lumber available. Cope at returns, miter at corners to produce tight fitting
joints. Use scarf joints for end to end joints. Base trim shall be 3" paint grade with 1/4" round sole.
SECTION XM - HVAC WORK
1. HVAC SYSTEM: The'system shall consist of a minimum 2 ton electrical powered cooling
unit with a minimum 15K heat strip electrical heating system. The system shall be designed to
provide,as a minimum, 75°F cooling at 95°F ambient outside temperature, and-70°F heating at 15°
F ambient outside temperature. Controls shall be by electronic thermostat located where noted on
the drawings.
All duct work shall be constructed of rigid fiberglass with aluminum vapor barrier. Joints will be
stapled and taped with aluminum foil tape manufactured for this purpose. The use of"Flex-duct"
will NQZ be permitted. Ducts will be provided with dampers, turning vanes, and extractors as
recommended by ASBR.AE. Air handlers shall be installed with condensate which shall drain into
the domestic waste system. All air handlers shall be closet models unless otherwise noted. All return
air shall be through filtered grill with replaceable type filters.
Outside section of cooling unit shall be placed on 1tv--d concrete slab with refrigerant lines placed so
as to be protected from damage by mowing of lawn. .Cooling unit shall have a minimum SEER of
9.0. Units, both heating and cooling, shall be manufactured by TRANS, ARCO AIR, RUUD,
CARRIER, or LENNOX. HVAC subcontractor shall be licensed, or franchised by the manufacturers
of the units, and shall install it in accordance with the manufacturers instructions. Manufacturer's
warranty shall be for a minimum of five years on the compressor, and one year on all other parts of
the system.
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Any bath not placed on an outside wall, with no window ventilation, must have an exhaust fan, ducted
through the roof.
SECTION XTV - DRIVEWAYS AND WALKS
1. CONCRETE: All sidewalks shall be 4" thick, 36" wide concrete reinforced with#10 WWM.
All driveways shall be 4" thick concrete reinforced with #10 WWM with redwood expansion joint
at property line. Provide 96 WWM reinforced from property line to street tie-in. Drive to be 10'
wide. All drives shall be extended 35' to the edge of street pavement.
SECTION XV - INSULATION
1. ATTIC INSULATION: Furnish and install over entire attic area above conditioned space
fiberglass or mineral wool insulation to provide a temperature resistance value of R-30 (total). Install
continuous ridge vent 2' shorter than ridge length. Also install continuous soffit vent on rear, left and
right elevations.
2. WALL INSULATION: Furnish and install in all exterior walls a minimum 3/4" thick
polyisocyanurate insulating sheathing with aluminum foil facer on each-face. Seal any penetrations
or holes. Furnish and install a minimum 3 '/2" thick fiberglass or mineral wool batt insulation(R-11)
with paper backing in all exterior wall stud space.
3. POLYSEAL: Polyseal all bottom plates,-exterior corners and tees, windows, exterior doors,
and holes in top plates which penetrate through to attic.
SECTION XVI - PAINTING
1. PAINTING: It is theintent that all exposed wood, metal (except aluminum, stainless steel
and factory coated panels) and gypsum board shall be protected with a paint or stain finish unless
otherwise noted. Finishes shall be a minimum of 2 coats over primer of GLIDDENS, OLYMPIC,.
PPG,MARTIN SENOLJR,KUHNS, SHERWIN-WILLIAMS, or BENJAMIN MOOR, PAINTS or
STAINS, appropriate for the surface and in color selected by the owner. Deliver paint materials in
sealed original labeled containers, bearing manufacturer's name, type of paint, brand name, color
designations and instructions for mixing and/or reducing. Painting may=be accomplished unless
moisture content of surface is 12% or less and air temperature is 40° F or above.
2. PAINT SCHEME: New interior plywood, wood doors, door trim, moldings, wood
window frames, etc., shall be properly sanded, primed, lightly sanded and given two (2) coats of semi-
gloss enamel with a light sanding between coats. Paint to be off-white in color.
7 — _
l Gypsum board shall be textured with medium splatter drag and painted with two (2) coats of latex
wall paint color off-white.
Metal surfaces to be painted shall be prepared in accordance with the paint manufacturer's
recommendations, primed and given a minimum of two (2) coats of exterior enamel.
Exterior wood siding shall be primed and given two (2) coats exterior latex house paint (low luster).
Contractor shall present three(3) color schemes.
SECTION XVT[ - TQTLET & BATH ACCESSORIES
1. INSTALLATION: Install in most convenient location in each bath chrome plated towel
bars, paper holders, hooks, etc. Plate glass mirrors, full length of bath vanities shall be installed in
all baths.
SEMON XVM. - WARRANTIES AND GUARANTEES:
1. GUARANTEE: The general contractor, prior to final payment, shall provide his own written
guarantee direct to the owner warranting all work included in his contract for a period of ONE(1)
year after final completion and acceptance of his work.
2.WINDSTORM: Contractor shall bear the cost of windstorm insurance inspection service and
provide owner with Windstorm Inspection Certificate.
SECTTON XTX - GENERAL
1. GENERAL: Each item of material and equipment shall equal or exceed that described or
indicated. All work shall be performed in a workmanlike manner, and in accordance with the best
building standards. Contractor is held directly responsible for all work done by sub-contractors.
2. MISCELLANEOUS: All items not covered under notice to bidders or dwelling specifications
but noted on plans shall be required. All construction should conform to accepted building practices
for the area.
a:dwespec.wpdkcv.10-09-97
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