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HomeMy WebLinkAboutPR 14895: DEMOLITION CONTRACT WITH STONEWATER, INC.Memo To: Steve Fitzgibbons, City Manager From: Col%en Russe/% Director of P/arming and Grants Management Date: September 3, 2008 Re: P.R. 14895 RECOMMENDATION: I recommend City Council adopt Proposed Resolution 14895 authorizing payment for contracts between the homeowners and contractor Thomas Sheppard, of Stonewater, Inc., for the demolition and reconstruction of three (3) houses. BACKGROUND: The Department of Housing and Urban Development awards annual Community Development Block Grant and HOME funds to the City for the primary benefit of low and moderate-income persons/families. Pursuant to Resolution No. 06-142, the City is obligated to provide owner-occupiecl rehabilitation assistance to homeowners who are at 80% of the Median Family Area Income and below with unmet housing needs, to eliminate safety and health hazards, and preserve and improve the community's housing stock. Pursuant to Resolution No.. 06- 509, the City adopted the Housing Assistance Rehabilitation and Reconstruction Program Guidelines and amended the guidelines by Proposed Resolution 14895. The homeowners entered into agreements with the contractor to allow entry onto their property for the demolition and reconstruction activities at the following addresses: 2310 Thomas Blvd $72,135.60 3140 6t" St. $71,115.60 3236 17t" St. $70,875.60 The City of Port Arthur acts as an indirect agent pursuant to the Community Development Block Grant and HOME Program Guidelines. BUDGETARY/FISCAL EFFECT: The 2005 & 2006 HOME Program funds will be used to provide funding; account 108-2141-626.59-00 Project HE0502, 108-2141-626.59-00 & 108-2141-626.59-01 Project HE0602. STAFFING/EMPLOYEE EFFECT: Housing Administration staff will be responsible for payments of the contracts. SUMMARY: I recommend City Council adopt Proposed Resolution 14895 authorizing the payments of contracts between the homeowners and contractor Thomas Sheppard, of Stonewater, Inc., for the demolition and reconstruction of three (3) houses. P. R. 14895 9/3/08 - CR/Housing RESOLUTION NUMBER A RESOLUTION PERTAINING TO THE DEMOLITION AND RECONSTRUCTION CONTRACTS FOR THE HOUSE AT 2310 THOMAS BLVD. FOR $72,135.00, 3140 6TH STREF;T FOR $71,115.60 AND 3236 17TH STREET FOR $70,875.60, FOR COMPLETION OF THE HOMES AND PAYMENTS TO THE CONTRACTOR THOMAS SHEPPARD, OF STONEV~~ATER, INC., IN THE AMOUNT OF $214,126.80; ACCOUNT NO. 108-2141-626.59-00, PROJECT NO. HE0502, 108-2141-626.59-00 & 108-2141-626.59-01, PROJECT NO. HE0602. WHEREAS, the U.S. Department of Housing and Urban Development awards annual Community Development Block Grant and HOME Program funds to the city for the primary benefit of low and moderate income persons and families; and, WHEREAS, pursuant to Resolution No. 06-142, the City obligated itself to provide owner occupied home rehabilitation and reconstruction assistance for low and moderate income persons/families; and WHEREAS, pursuant to Resolution No. 06-509, the City adopted the Housing Assistance Rehabilitation and Reconstruction Program Guidelines and amended the guidelines by Proposed Resolution 14895; and WHEREAS, pursuant to the aforementioned HUD guidelines, the homeowners, executed the City's Contract for Property Reconstruction, attached hereto as Exhibit "A", Exhibit "B" and Exhibit "C"; and WHEREAS, the homes are in the process of being completed by thE; contractor, Stonewater, Inc., who will receive progress payments as delineated in Exhibits "D", "E", and "F". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the contractor, Stonewater, Inc., will be paid progress payments as the work is completed. Section 2. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of September, A.D., 2008 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBE NOES MAYOR ATTEST: APPROVED FOR AVAILABILITY OF FUNDS: /~ CITY SECRETARY DIRECTOR OF FINANCE ~ ~~ APPROVED FOR FORM: ~~ CITY ATTOR ~`~~ G~~ (~ APPROVED FOR ADMINISTRATION: CITY MANAGER _. ~~,: _ COLLEEN RUSSELL, DtRR~C'~OR PLANNING EXHIBIT ..A.. CITY OF PORT ARTHUR HOUSING ASSISTANCE DIVISION CONTRACT FOR PROPERTY RECONSTRUCTION AT: 2310 Thomas Boulevard Port Arthur, Texas 77640 CONTRACT AMOUNT: $72,135.60 / Jr-, U ~ PAYMENT SCHEDULE : B DATE: Co CONTRACT NO : ~G d~p~ _ a 3~ ~ THIS CONTRACT made and entered into on this __!~~ day of -- , 2008, by and between Thomas W. Sheppard d b a Stonewater Inc hereinafter referred to as the "Contractor" and Diana V. Bell hereinafter referred to as the "Owner". WITNESSETH: WHEREAS, the Owner desires to engage the Contractor to perform certain work on the premises commonly known as 2310 Thomas Boulevard Port Arthur Texas ;and, WHEREAS, the Owner desires to reconstruct the aforesaid premises in accordance with all. Building and Housing Codes of the City of Port Arthur (hereinafter referred to as "City", as well as the Housing and Urban Development Act of 1974, the Department Housing and Urban Development's Community Development Block Grant, and HOME fund guidelines; and WHEREAS, the undersigned Contractor has proposed to furnish labor, superintendent services, and materials in accordance with a payment schedule mutually agreed to herein; and, WHEREAS, the Owner desires to utilize the services provided by the City of Port Arthur Housing Assistance Programs in connection with said project; and, WHEREAS, anywhere it appears in this Contract, the term "PAHAP" shall mean City of Port Arthur Housing Assistance Programs . NOW, THEREFORE, the parties do mutually agree as follows: 1 SECTION 1. Employment of Contractor: The Owner hereby engages the Contractor to perform the services and supply the materials hereinafter set forth. The Contractor acknowledges that the City, will serve as an agent for the Owner in performing the reconstruction activities set forth in this contract and the formal bid it submitted to the City on behalf of the owner. SECTION 2. Scope of Services: The Contractor shall furnish all of the labor, superintendent services and furnish all material necessary to make the improvements described in Plans and Specifications, attached hereto as Exhibit "1"and made a part hereof for all purposes. The Contractor acknowledges that the City will be responsible for the following activities: A. Work write-ups and cost estimates; and B. Preparing and awarding bid documents including, but not limited to develc-ping plans and specifications; and C. Implementing and maintaining construction specification manual; and D. Conducting pre-bid conferences; and E. Preparing contract documents and any other required forms; and F. Conducting meetings to explain contract documents and procedures to be followed; and G. Issuing Notice to Proceed following request by homeowner; and H. Inspecting work for compliance with contract for certifications needed for progress and final payments; and I. Authorizing of payment to contractor following City inspection and homeowner approval; and J. Initiating change orders as required; and K. Maintaining program records as required by HUD and public relations efforts as needed to promote the program. 2 SECTION 3. Time for Performance: The Contractor shall, within (10) working days from the date of the order to proceed, begin actual performance hereunder and all work to be performed by the Contractor shall be completed in accordance with Conditions, Plans, and Specifications within 120 working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of 50.00 for each consecutive calendar day thereafter in excess of time provided. Notwithstanding they aforesaid, the Contractor is excused from the performance time requirement if, during the progress of the work, delay is authorized in writing by the PAHAP. To obtain a delay, Contractor must request any such delay in writing from the PAHAP, such requests shall contain the cause necessitating the delay. Delays may be authorized for any causes completely beyond the Contractor's control, and the time of completion shall be extended for such reasonable time as the PAHAP may decide. The PAHAP shall make final decisions on the granting extensions of time. SECTION 4. Subcontracting: The Contractor is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of himself or persons directly employed by him. Nothing contained in the Contract document shall create any contractual relation between the subcontractor and the Owner. The Contractor shall not subcontract any part of the work under this Contract or permit his subcontracted work to be further subcontracted without the prior written approval of the PAHAP. SECTION 5. Changes: It is agreed by the parties hereto that all changes shall be ire writing and signed by the parties to the Contract and the PAHAP. All changes ADDENDUMIAMENDMENT) must be submitted to the PAHAP during the first (1St) phase of the Contract, and the PAHAP must approve all changes prior to start of the work. Any exception to this shall be in writing from the PAHAP. No oral contract shall be enforceable. 3 SECTION 6. Waiver and Liens: The Contractor shall submit to the Owner an Affidavit of all bills paid prior to final payment of the consideration set forth hereafter. SECTION 7. Compensation: The Owner agrees to compensate the Contractor 72135.60 for the services, labor, superintendence and the materials provided herein. SECTION 8. Method of Payment: The Owner agrees to authorize payment to thE. Contractor in accordance with one of the following schedules, choice of schedule shall be at the sale discretion of PAHAP. Schedule A Lump Sum (90%): Completion of entire work provided for under this Contract, ninety percent (90%) of the total price shall be remitted in one lump sum amount within (10) days after the PAHAP receives the Contractor's invoice and satisfactory affidavit of all bills paid. (See NOTE for payment of retainage); or Schedule B Progress Payments: Based on compensation for the following phases of satisfactory completion, partial payments shall be made as follows: Forty-Five Percent (45%)of total contract amount if at least one half (1 /2) of the work provided for under this Contract has been completed satisfactorily; and Forty-Five Percent (45%) of total contract amount if the second one half (1/2) or one hundred percent (100%) of the work provided for under this Contract has been completed satisfactorily. Final payment due to the Contractor will be paid within (10) days after receipt of the Contractor's invoice and the release of liens by subcontractors, laborers and materials' suppliers for completed work; or, Schedule C Progress Payments: Application For Payment may be submitted to the PAHAP by the Contractor, along with Certificates For Payment on account as provided in the Contract Documents for the period ending the last day of the 4 month. Said Application For Payment must be submitted within 15 days following the end of the period covered by the Application For Payment. Ninety Percent (90%) payment may be made for that portion requested in the Application For Payment, provided the amount requested is properly allocable to the work completed during the period covered. Application For Payment shall state the original contract amount, plus any authorized change order amounts, less the aggregate of previous payments. The amount requested will be paid up to ninety percent (90%), unless PAHAP has determined that additional corrections, defects in work, or unsettled claims warrant retaining an amount in excess of ten percent (10%). NOTE: Contract Retainage Payment: Ten percent (10%) of each draw in Schedule B will be retained. The total of which will be equal to, but not exceed ten percent (10%) of the total contract amount. A ten percent (10%) retainage shall be applied for Schedule A and each draw under Schedule C with the total not to exceed ten percent (10%) of the contract amount including approved change orders. Retainage will be held in escrow by the PAHAP for a period not to exceed thirty (30) days after all work under this contract is completed unless all workmanship and materials are not satisfactorily completed and approved by the PAHAP. Upon receipt of Application For Payment from Contractor, PAHAP shall determine whether or not the contractor has satisfactorily completed the work. If either materials or workmanship are not satisfactory, the PAHAP shall advise Contractor immediately of defects. If the PAHAP and Owner deem it impractical to correct defect or work not done in accordance with this Contract and its attachments, an equitable deduction from the Contract amount, based solely upon the judgement of the PAHAP shall be made. SECTION 9. If the PAHAP shall determine, upon receipt of the Contractor's Application for Payment, that the work has been completed in accordance with the plans and specifications, it shall, Within seven (7) days after receipt of said application, submit one Application For Payment to the Owner or if not completed as stated in the Application For Payment, notify the Contractor in writing its reasons for withholding said request. SECTION 10. The submission of an Application for Payment will represent to the Uwner, based on PAHAP's observations at the site as provided in Section 20 herein and the data comprising the Application For Payment, that the work has progressed to the point indicated; that, to the best of 5 PAHAP's knowledge, information and belief, the quality of work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. SECTION 11. The PAHAP may decline to certify payment and may withhold its Certificate in whole or in part, only to the extent necessary to protect the Owner, if in its opinion the Contractor has not satisfied the contract as provided in this agreement. If the Contractor and PAHAP cannot agree on a revised amount, the PAHAP will authorize payment for the amount which is undisputed by PAHAP, the Owner and Contractor. The PAHAP may also decline to certify payment, or because of subsequently discovered evidence or subsequent observations, it may nullify the whole or any part of Application For Payment previously issued, to such extent as may be necessary in its judgement to protect the Owner from loss because of: 1. Defective work not remedied; 2. Third party claims filed (or reasonable evidence indicating probable filing of such claims); 3. Failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment, but only if no bond has been furnished; 4. Reasonable evidence that the work cannot be completed by the Contractor for the unpaid balance of the contract sum; 5. Damage to the Owner or another Contractor; 6. Reasonable evidence that the work will not be completed within the adjusted contract time; or, 7. Persistent or unreasonable failure to carry out the work in accordance with the contract documents. When the above grounds are removed, payment shall be made for amounts withheld because of them. 6 SECTION 12. After the PAHAP has issued the Authorization For Payment, the Owner shall authorize payment in the manner and within the time provided in the Contract Documents. SECTION 13. If the Owner should fail to authorize payment to the Contractor within the time provided in the contract without a showing of valid cause to be determined by the PAHAP, the PAHAP shall be authorized to make payment to the Contractor for the work for which the Authorization For Payment was issued. SECTION 14. No Certificate For Progress Payment nor any progress payment, nor any partial or entire use or occupancy of the project by the Owner, shall constitute an acceptance of any work not in accordance with the Contract Documents. SECTION 15. Disputes: The PAHAP shall, within a reasonable time, make decisions on all claims of the Owner or Contractor and/or all other matters relating to the execution and progress o~f the work or the interpretation of the Contract Documents. The PAHAP's decisions shall be final. SECTION 16. Workmanship: The work provided hereunder by the Contractor shall be executed as directed by the official construction manual and plans and specifications. Work shall be performed in a workmanlike manner in accordance with the standards of each trade applicable and shall comply with appropriate codes and its requirements. The Contractor hereby agrees that he is familiar with the construction and of the grade required by the specifications, unless otherwise agreed between the PAHAP and Contractor. Materials damaged in shipment shall be replaced at the Contractor's expense. Salvage lumber or material from the Owner's premises may only be reused provided it is structurally sound and is approved for reuse by the PAHAP. Any salvaged materials not used in the construction shall be the property of the Contractor, unless otherwise stipulated. Contractor and/or Owner shall not use, or allow to be used, any paint containing more than '/z of 1 per 7 centum lead weight (calculated at lead metal) in the total nonvolatile content of liquid paints. Lead paint removal is a dangerous task and safety precautions should be strictly enforced when workers are engaged in lead hazard abatement. The use of lead-based paint materials on any surface, interior or exterior, is strictly prohibited. Any alterations or deviations from said specifications shall be executed only upon writ consent of Owner, Contractor, and PAHAP. No extra costs will be paid if Contractor has neglected to properly evaluate the extent of the rehabilitation work. Contractor, in all cases, shall leave the work in a finished condition as determined by acceptable building standards and the PAHAP. Repairs shall be made to all property, real or personal, damaged by the Contractor at no additional cost to the Owner. Where repair and/or replacement of an existing item is called for in the job specifications, the item or feature is to be placed in equal to new condition either by repairing or replacing (taking into consideration that in repairing, existing structures cannot be restored as new and that some lines and surfaces may not be completely level and true or without slight irregularities). All damaged, decayed, missing or rotted parts shall be replaced and loose parts shall be secured or replaced so that the finished work shall match the adjacent work in design and dimension. Such repairs or replacement shall be made to blend with existing work so that the patch or replacement is inconspicuous. SECTION 17. Defects After Completion: The Contractor shall guarantee the work performed for a period of twelve (12) months from the date of final acceptance of all work required by the Contract except that the Contractor shall provide a two (2) year guarantee for roof work unless otherwise provided. Furthermore, the Contractor shall furnish the Owner, in care of the PAHAP, with all manufacturers' and suppliers' with guarantees and warranties covering materials and equipment furnished under the Contract. Any defects that appear within this twelve (12)period and arise from defective or improper materials or workmanship shall, upon notification of the PAHAP', be corrected or 8 made good by the Contractor at his expense within (10) working days after receipt of notice. SECTION 18. Inspection of Work: PAHAP shall at all times have access to the work. If the specifications, plans, instructions, laws, ordinances, building code standards, or any public authority require any work to be specifically inspected, tested, or approved, the Contractor shall give the PAHAP timely notice of its readiness for inspection. If the inspection is by another authority other than the PAHAP, Contractor shall inform PAHAP of the time fixed for such inspection. Inspection of the work by authorized inspectors shall be facilitated by the Contractor during normal working hours. All work performed shall be subject to approval and acceptance by the PAHAP. Inspections by the PAHAP shall be made promptly and if any work should be covered up without approval or consent of the PAHAP, the Contractor may be required to uncover the work for examination and bear the cost thereof. If such work should be found not in accordance with this Contract, including incorporated Plans and Specifications, the Contractor shall pay such costs to remedy said nonconformance, provided, however, if the Contractor shall pay the cost of remedying such work if owner desires to remedy same. At all times the Contractor shall permit the United State Government or its agents or assignees to examine and inspect the rehabilitation work. SECTION 19. Permits and Licenses: Alt permits and licenses necessary for the campletion and execution of the work shall be secured and paid for by the Contractor. If the Contractor observes that the drawings, plans and/or specifications are at a variance with applicable laws, rules, ordinances, and/or regulations bearing on the conduct of the work, he shall promptly notify the PAHAP in writing. Any necessary changes shall be adjusted as provided for in the contract for changes in the work. If the Contractor knowingly performs work contrary to such laws, ordinances, and without notice from the 9 PAHAP, he shall bear all costs arising therefrom. All work shall be performed in conformance with applicable local codes and requirements whether or not covered by the specifications and drawings for the work. SECTION 20. Insurance: Contractor shall procure and maintain statutory Worker's Compensation Insurance, Contractor's Injury Insurance in an amount not less than: $500,000 for injuries, including accidental death, to any one person, and not less than $500,000 on account for one occurrence; Property Damage Insurance in an amount not less than $100,000 for each occurrence and $1,000,000 aggregate. Such insurance shall name the City of Port Arthur and Owner as additional named insured. Contractor shall not commence work under this Contract until he obtains all insurance required and has submitted satisfactory evidence to the City SECTION 21. The Owner will permit the Contractor to use, at no cost, existing utilities, such as light, heat, power, and water, necessary to carry out the completion of the work. Owner will cooperate with the Contractor to facilitate the performance of the work, including the removal and replacement of rugs, covering, and furniture, if necessary. Contractor shall keep the premises clean and orderly during the course of the work and shall remove all debris at the completion of said work. Materials and equipment that have been removed and replaced as part of the work shall belong to Contractor and shall be removed from the premises by Contractor. SECTION 22. Engineering or Construction Surveys: The Contractor shall furnish all surveys as required under this Contract unless otherwise specified. SECTION 23. Approved by PAHAP: This Contract must be approved by the PAHAP k~efore it becomes effective. SECTION 24. Indemnification: The parties hereto agree to indemnify and hold harmless the City of 10 Port Arthur, its officers, agents and employees for any damages concerning the undertaking and execution of this Contract. The CONTRACTOR shall comply with the requirements of all applicable laws, rules and regulations in connection with the services of said CONTRACTOR and shall exonerate, indemnify and hold harmless the City, its officers, agents and all employees from any and all liability, loss or damages arising out of non-compliance with such laws, rules and regulations; without limitation, the CONTRACTOR shall assume full contributions imposed or required under the Social Security, Worker's Compensation and Income Tax Laws with respect to the CONTRACTOR'S employees. The parties hereto agree to indemnify and hold harmless the City of Port Arthur from any and all liability, loss, damages, expenses or claims arising out of negligence of the CONTRACTOR or employees in connection with any of the work performed or to be performed under this CONTRACT by the CONTRACTOR. SECTION 25. Default by Contractor: Incase of default by the Contractor, the Owner may procure the articles or services from other sources and hold the Contractor responsible for any excess costs occasioned thereby. SECTION 26. Termination: In case the Contractor fails to furnish materials or execute work in accordance with the provisions of this Contract, or fails to proceed with or complete the work within the time limit specified in this Contract, or if the provisions of this Contract are otherwise violated by the Contractor, then in any case upon fifteen (15) days written notice to the Contractor, the Owner, in conjunction with the PAHAP, shall have the right to declare the Contractor in default in the performance of his obligations under this Contract. Said notice shall contain the reason(s) for the Owner's intent to declare the Contractor at fault, and unless within ten (10) days after service of said notice, the violation shall cease or satisfactory arrangements shall be made for its correction, the Contractor, by written 11 notice, may be declared in default and his right to proceed under this Contract terminated. In the event the Contractor is thus declared to be in default, the Owner, in conjunction with the PAHAP, will proceed to have the work completed. If the cost of completing the work exceeds the original contract amount, the difference will be the responsibility of the original Contractor and may be collected from retainage or unexecuted payments, or other remedies deemed necessary. The Contractor shall be responsible for any damages resulting to Owner by reason of default. SECTION 27. Notice: Notices to be given by the Owner and/or the PAHAP to the Contractor for the purpose of this Contract when mailed by regular mail or certified mail, or sent by messenger to the Contractor at: Thomas W. Sheppard, d.b.a., Stonewater, Inc. Contractor's Name) P.O. Box 294 (Contractor's Address) Port Neches Texas 77651 (Contractot'sAddress) Same (Contractor's Permanent Address) SECTION 28. Assignment: The Contractor shall not assign the Contract without prior written consent of the Owner and PAHAP. The request for approval of assignment must be addressed in care of the PAHAP. SECTION 29. Effective Date of Contract: This Contract shall not become binding upon the parties concerned until properly signed by all parties and formal approval of the loan application has been given by the respective Federal Government Agency designated to make such approval. SECTION 30. Appendix I-Equal Opportunity Clause, Section 202, Executive Order 11246 (30 FR 12319-25). 12 During the performance of this Contract the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to provide the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, relation, sex or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in a conspicuous place available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and wilt permit access to his books, records, and accounts by the Department and the Secretary of 13 Labor for purposes of investigation to ascertain compliance with such rules, regulations and others. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 or by rules, regulations or order of the Secretary of Labor or as otherwise provided by law. 7. The Contractor will include the provisions of the sentence immediately preceding Paragraph 1 and the provisions of Paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. SECTION 31. Arbitration Procedures: In the event of a dispute that cannot be settled by PAHAP, both the contractor and the owner agree to submit the dispute or claim to the Mediation Service of Jefferson County, Inc. If a settlement is not reached, the dispute or claim must enter into binding arbitration under 14 the act known as the Uniform Arbitration Act pursuant to the commercial arbitration rules of the American Arbitration Association. SECTION 32. One-Time Assistance: The owner hereby acknowledges that PAHAP rehabilitation program is for one-time assistance and that the owner is responsible for all future repairs and maintenance on the home. IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the-terms and conditions of this contract, you may lose your legal rights in your home . KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW. Signed the ~ day of 2008. Owner: Diana V. Bell ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, on this day personally appeared known to me to be the persons whose name(s) are subscribed to the foregoing instrument, and acknowledge to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ day of 2008. Notary Public, State of Texas Notary Seal ;?Q;~""°`~e:c:, KAREN S SNIPES .,:~;,,~ NOTARY PUBLIC :,,~ .Pg;: S?a4e of Texas ~~'~:_f~' Comm. !_xF~ 04-08-2010 =~.,.e..r~~. 15 Signed this ~-? day of ~.- ~~~-,,~..r~..-.- 2008. Thomas W, Shep ard, d.b.a., Stonewater, Inc. Authorized Signature STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT J / B re me, the ndersigned authority, on this day personalty appeared ~~ =~a `'~ ~° ~ 1t~2 (Contractor) owner(s) known to me to be the persons whose name(s) a e subscribed to the foregoing instrument, and acknowledge to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~. day o ~ t.~ 2008. r~; !~Y ~.~ sta~~ ~.,~ rr.x,_, Not Public State Texas Notary Seal ~'~4~oF,E+P~•~~~o,n~,~. ra,~. ~~a-~~~.-.~o~;, Approved by: City of Port A - r Beverly A. Fre an Housing Programs Administrator 16 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON Before, a the undersigned authority, on this day personally appeared ff~~ (Contractor} owner(s) known to me to be the persons whose nam s) are subscribed to the foregoing instrument, and acknowledge to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2008. ~.~ ~'1-^y °u~<'~. KAREN S SNIPES ary Public -State of Texas Notary Seal ~ _° NOTARY PUBIC + :*~ .' State of ?exas ~'~m~~~:+~'' Gomm. Exp. 04-08-2010 17 EXHIBIT ~. B„ CITY OF PORT ARTHUR HOUSING ASSISTANCE DIVISION CONTRACT FOR PROPERTY RECONSTRUCTION AT: 3140 E. 6th Street Port Arthur, Texas 77640 CONTRACT AMOUNT: $71,115.60 PAYMENT SCHEDULE : B DATE: ~, -- ~,~- ~ ~ CONTRACT NO : ~~ C j ~~_ z, ~ ~~; THIS CONTRACT made and entered into on this .~'`~' day of ~ c~_~ 2008, by and between Thomas W. Sheppard d b a Stonewater Inc hereinafter referred to as the "Contractor" and _ Victoria M. Clayton hereinafter referred to as the "Owner". WITNESSETH: WHEREAS, the Owner desires to engage the Contractor to perform certain work on the premises commonly known as 3140 E. 6th Street Port Arthur Texas ;and, WHEREAS, the Owner desires to reconstruct the aforesaid premises in accordance with all Building and Housing Codes of the City of Port Arthur (hereinafter referred to as "City", as well as the Housing and Urban Development Act of 1974, the Department Housing and Urban Development's Community Development Block Grant, and HOME fund guidelines; and WHEREAS, the undersigned Contractor has proposed to furnish labor, superintendent services, and materials in accordance with a payment schedule mutually agreed to herein; and, WHEREAS, the Owner desires to utilize the services provided by the City of Port Arthur Housing Assistance Programs in connection with said project; and, WHEREAS, anywhere it appears in this Contract, the term "PAHAP" shall mean City of Port Arthur Housing Assistance Programs . NOW, THEREFORE, the parties do mutually agree as follows: 1 SECTION 1. Employment of Contractor: The Owner hereby engages the Contractor to perform the services and supply the materials hereinafter set forth. The Contractor acknowledges that the City, will serve as an agent for the Owner in performing the reconstruction activities set forth in this contract and the formal bid it submitted to the City on behalf of the owner. SECTION 2. Scope of Services: The Contractor shall furnish all of the labor, superintendent services and furnish all material necessary to make the improvements described in Plans and Specifications, attached hereto as Exhibit "1"and made a part hereof for all purposes. The Contractor acknowledges that the City will be responsible for the following activities: A. Work write-ups and cost estimates; and B. Preparing and awarding bid documents including, but not limited to developing plans and specifications; and C. Implementing and maintaining construction specification manual; and D. Conducting pre-bid conferences; and E. Preparing contract documents and any other required forms; and F. Conducting meetings to explain contract documents and procedures to be followed; and G. Issuing Notice to Proceed following request by homeowner; and H. Inspecting work for compliance with contract for certifications needed for progress and final payments; and I. Authorizing of payment to contractor following City inspection and homeowner approval; and J. Initiating change orders as required; and K. Maintaining program records as required by HUD and public relations efforts as needed to promote the program. 2 SECTION 3. Time for Performance: The Contractor shall, within (10) working days from the date of the order to proceed, begin actual performance hereunder and all work to be performed by the Contractor shall be completed in accordance with Conditions, Plans, and Specifications within 120 working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of 50.00 for each consecutive calendar day thereafter in excess of time provided. Notwithstanding the aforesaid, the Contractor is excused from the performance time requirement if, during the progress of the work, delay is authorized in writing by the PAHAP. To obtain a delay, Contractor must request any such delay in writing from the PAHAP, such requests shall contain the cause necessitating the delay. Delays may be authorized for any causes completely beyond the Contractor's control, and the time of completion shall be extended for such reasonable time as the PAHAP may decide. The PAHAP shall make final decisions on the granting extensions of time. SECTION 4. Subcontracting: The Contractor is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of himself or persons directly employed by him. Nothing contained in the Contract document shall create any contractual relation between the subcontractor and the Owner. The Contractor shall not subcontract any part of the work under this Contract or permit his subcontracted work to be further subcontracted without the prior written approval of the PAHAP. SECTION 5. Changes: It is agreed by the parties hereto that all changes shall be in writing and signed by the parties to the Contract and the PAHAP. All changes ADDENDUM/AMENDMENT) must be submitted to the PAHAP during the first (1St) phase of the Contract, and the PAHAP must approve all changes prior to start of the work. Any exception to this shall be in writing from the PAHAP. No oral contract shall be enforceable. 3 SECTION 6. Waiver and Liens: The Contractor shall submit to the Owner an Affidavit of all bills paid prior to final payment of the consideration set forth hereafter. SECTION 7. Compensation: The Owner agrees to compensate the Contractor 71115.60 for the services, labor, superintendence and the materials provided herein. SECTION 8. Method of Payment: The Owner agrees to authorize payment to the Contractor in accordance with one of the following schedules, choice of schedule shall be at the sole discretion of PAHAP. Schedule A Lump Sum (90%): Completion of entire work provided for under this Contract, ninety percent (90%) of the total price shall be remitted in one lump sum amount within (10) days after the PAHAP receives the Contractor's invoice and satisfactory affidavit of all bills paid. (See NOTE for payment of retainage); or Schedule B Progress Payments: Based on compensation for the following phases of satisfactory completion, partial payments shall be made as follows: Forty-Five Percent (45%)of total contract amount if at least one half (1 /2) of the work provided for under this Contract has been completed satisfactorily; and Forty-Five Percent (45%) of total contract amount if the second one half (1/2) or one hundred percent (100%) of the work provided for under this Contract has been completed satisfactorily. Final payment due to the Contractor will be paid within (10) days after receipt of the Contractor's invoice and the release of liens by subcontractors, laborers and materials' suppliers for completed work; or, Schedule C Progress Payments: Application For Payment may be submitted to the PAHAP by the Contractor, along with Certificates For Payment on account as provided in the Contract Documents for the period ending the last day of the 4 month. Said Application For Payment must be submitted within 15 days following the end of the period covered by the Application For Payment. Ninety Percent (90%) payment may be made for that portion requested in the Application For Payment, provided the amount requested is properly allocable to the work completed during the period covered. Application For Payment shall state the original contract amount, plus any authorized change order amounts, less the aggregate of previous payments. The amount requested will be paid up to ninety percent (90%), unless PAHAP has determined that additional corrections, defects in work, or unsettled claims warrant retaining an amount in excess of ten percent (10%). NOTE: Contract Retainage Payment: Ten percent (10%) of each draw in Schedule B will be retained. The total of which will be equal to, but not exceed ten percent (10%) of the total contract amount. A ten percent (10%) retainage shall be applied for Schedule A and each draw under Schedule C with the total not to exceed ten percent (10%) of the contract amount including approved change orders. Retainage will be held in escrow by the PAHAP for a period not to exceed thirty (30) days after all work under this contract is completed unless all workmanship and materials are not satisfactorily completed and approved by the PAHAP. Upon receipt of Application For Payment from Contractor, PAHAP shall determine whether or not the contractor has satisfactorily completed the work. If either materials or workmanship are not satisfactory, the PAHAP shall advise Contractor immediately of defects. If the PAHAP and Owner deem it impractical to correct defect or work not done in accordance with this Contract and its attachments, an equitable deduction from the Contract amount, based solely upon the judgement of the PAHAP shall be made. SECTION 9. If the PAHAP shall determine, upon receipt of the Contractor's Application for Payment, that the work has been completed in accordance with the plans and specifications, it shall, Within seven (7) days after receipt of said application, submit one Application For Payment to the Owner or if not completed as stated in the Application For Payment, notify the Contractor in writing its reasons for withholding said request. SECTION 10. The submission of an Application for Payment will represent to the Owner, based on PAHAP's observations at the site as provided in Section 20 herein and the data comprising the Application For Payment, that the work has progressed to the point indicated; that, to the best of 5 PAHAP's knowledge, information and belief, the quality of work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. SECTION 11. The PAHAP may decline to certify payment and may withhold its Certificate in whole or in part, only to the extent necessary to protect the Owner, if in its opinion the Contractor has not satisfied the contract as provided in this agreement. If the Contractor and PAHAP cannot agree on a revised amount, the PAHAP will authorize payment for the amount which is undisputed by PAHAP, the Owner and Contractor. The PAHAP may also decline to certify payment, or because of subsequently discovered evidence or subsequent observations, it may nullify the whole or any part of Application For Payment previously issued, to such extent as may be necessary in its judgement to protect the Owner from loss because of: 1. Defective work not remedied; 2. Third party claims filed (or reasonable evidence indicating probable filing of such claims); 3. Failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment, but only if no bond has been furnished; 4. Reasonable evidence that the work cannot be completed by the Contractor for the unpaid balance of the contract sum; 5. Damage to the Owner or another Contractor; 6. Reasonable evidence that the work will not be completed within the adjusted contract time; or, 7. Persistent or unreasonable failure to carry out the work in accordance with the contract documents. When the above grounds are removed, payment shall be made for amounts withheld because of them. 6 SECTION 12. After the PAHAP has issued the Authorization For Payment, the Owner shall authorize payment in the manner and within the time provided in the Contract Documents. SECTION 13. If the Owner should fail to authorize payment to the Contractor within the time provided in the contract without a showing of valid cause to be determined by the PAHAP, the PAHAP shall be authorized to make payment to the Contractor for the work for which the Authorization For Payment was issued. SECTION 14. No Certificate For Progress Payment nor any progress payment, nor any partial or entire use or occupancy of the project by the Owner, shall constitute an acceptance of any work not in accordance with the Contract Documents. SECTION 15. Disputes: The PAHAP shall, within a reasonable time, make decisions on all claims of the Owner or Contractor and/or all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. The PAHAP's decisions shall be final. SECTION 16. Workmanship: The work provided hereunder by the Contractor shall be executed as directed by the official construction manual and plans and specifications. Work shall be performed in a workmanlike manner in accordance with the standards of each trade applicable and shall comply with appropriate codes and its requirements. The Contractor hereby agrees that he is familiar with the construction and of the grade required by the specifications, unless otherwise agreed between the PAHAP and Contractor. Materials damaged in shipment shall be replaced at the Contractor's expense. Salvage lumber or material from the Owner's premises may only be reused provided it is structurally sound and is approved for reuse by the PAHAP. Any salvaged materials not used in the construction shall be the property of the Contractor, unless otherwise stipulated. Contractor and/or Owner shall not use, or allow to be used, any paint containing more than '/2 of 1 per centum lead weight (calculated at lead metal) in the total nonvolatile content of liquid paints. Lead paint removal is a dangerous task and safety precautions should be strictly enforced when workers are engaged in lead hazard abatement. The use of lead-based paint materials on any surface, interior or exterior, is strictly prohibited. Any alterations or deviations from said specifications shalt be executed only upon writ consent of Owner, Contractor, and PAHAP. No extra costs will be paid if Contractor has neglected to properly evaluate the extent of the rehabilitation work. Contractor, in all cases, shall leave the work in a finished condition as determined by acceptable building standards and the PAHAP. Repairs shall be made to all property, real or personal, damaged by the Contractor at no additional cost to the Owner. Where repair and/or replacement of an existing item is called for in the job specifications, the item or feature is to be placed in equal to new condition either by repairing or replacing (taking into consideration that in repairing, existing structures cannot be restored as new and that some lines and surfaces may not be completely level and true or without slight irregularities). All damaged, decayed, missing or rotted parts shall be replaced and loose parts shall be secured or replaced so that the finished work shall match the adjacent work in design and dimension. Such repairs or replacement shall be made to blend with existing work so that the patch or replacement is inconspicuous. SECTION 17. Defects After Completion: The Contractor shall guarantee the work performed for a period of twelve (12) months from the date of final acceptance of all work required by the Contract except that the Contractor shall provide a two (2) year guarantee for roof work unless otherwise provided. Furthermore, the Contractor shall furnish the Owner, in care of the PAHAP, with all manufacturers' and suppliers' with guarantees and warranties covering materials and equipment furnished under the Contract. Any defects that appear within this twelve (12)period and arise from defective or improper materials or workmanship shall, upon notification of the PAHAP, be corrected or 8 made good by the Contractor at his expense within (10) working days after receipt of notice. SECTION 18. Inspection of Work: PAHAP shall at all times have access to the work. If the specifications, plans, instructions, laws, ordinances, building code standards, or any public authority require any work to be specifically inspected, tested, or approved, the Contractor shall give the PAHAP timely notice of its readiness for inspection. If the inspection is by another authority other than the PAHAP, Contractor shall inform PAHAP of the time fixed for such inspection. Inspection of the work by authorized inspectors shall be facilitated by the Contractor during normal working hours. All work performed shall be subject to approval and acceptance by the PAHAP. Inspections by the PAHAP shall be made promptly and if any work should be covered up without approval or consent of the PAHAP, the Contractor may be required to uncover the work for examination and bear the cost thereof. If such work should be found not in accordance with this Contract, including incorporated Plans and Specifications, the Contractor shall pay such costs to remedy said nonconformance, provided, however, if the Contractor shall pay the cost of remedying such work if owner desires to remedy same. At all times the Contractor shall permit the United State Government or its agents or assignees to examine and inspect the rehabilitation work. SECTION 19. Permits and Licenses: All permits and licenses necessary for the completion and execution of the work shall be secured and paid for by the Contractor. If the Contractor observes that the drawings, plans and/or specifications are at a variance with applicable laws, rules, ordinances, and/or regulations bearing on the conduct of the work, he shall promptly notify the PAHAP in writing. Any necessary changes shall be adjusted as provided for in the contract for changes in the work. If the Contractor knowingly performs work contrary to such laws, ordinances, and without notice from the 9 PAHAP, he shall bear all costs arising therefrom. All work shall be performed in conformance with applicable local codes and requirements whether or not covered by the specifications and drawings for the work. SECTION 20. Insurance: Contractor shall procure and maintain statutory Worker's Compensation Insurance, Contractor's Injury Insurance in an amount not less than: $500,000 for injuries, including accidental death, to any one person, and not less than $500,000 on account for one occurrence; Property Damage Insurance in an amount not less than $100,000 for each occurrence and $1,000,000 aggregate. Such insurance shall name the City of Port Arthur and Owner as additional named insured. Contractor shall not commence work under this Contract until he obtains all insurance required and has submitted satisfactory evidence to the City SECTION 21. The Owner will permit the Contractor to use, at no cost, existing utilities, such as light, heat, power, and water, necessary to carry out the completion of the work. Owner will cooperate with the Contractor to facilitate the performance of the work, including the removal and replacement of rugs, covering, and furniture, if necessary. Contractor shall keep the premises clean and orderly during the course of the work and shall remove all debris at the completion of said work. Materials and equipment that have been removed and replaced as part of the work shall belong to Contractor and shall be removed from the premises by Contractor. SECTION 22. Engineering or Construction Surveys: The Contractor shall furnish all surveys as required under this Contract unless otherwise specified. SECTION 23. Approved by PAHAP: This Contract must be approved by the PAHAP before it becomes effective. SECTION 24. Indemnification: The parties hereto agree to indemnify and hold harmless the City of 10 Port Arthur, its officers, agents and employees for any damages concerning the undertaking and execution of this Contract. The CONTRACTOR shall comply with the requirements of all applicable laws, rules and regulations in connection with the services of said CONTRACTOR and shall exonerate, indemnify and hold harmless the City, its officers, agents and all employees from any and all liability, loss or damages arising out of non-compliance with such laws, rules and regulations; without limitation, the CONTRACTOR shall assume full contributions imposed or required under the Social Security, Worker's Compensation and Income Tax Laws with respect to the CONTRACTOR'S employees. The parties hereto agree to indemnify and hold harmless the City of Port Arthur from any and all liability, loss, damages, expenses or claims arising out of negligence of the CONTRACTOR or employees in connection with any of the work performed or to be performed under this CONTRACT by the CONTRACTOR. SECTION 25. Default by Contractor: Incase of default by the Contractor, the Owner may procure the articles or services from other sources and hold the Contractor responsible for any excess costs occasioned thereby. SECTION 26. Termination: In case the Contractor fails to furnish materials or execute work in accordance with the provisions of this Contract, or fails to proceed with or complete the work within the time limit specified in this Contract, or if the provisions of this Contract are otherwise violated by the Contractor, then in any case upon fifteen (15) days written notice to the Contractor, the Owner, in conjunction with the PAHAP, shall have the right to declare the Contractor in default in the performance of his obligations under this Contract. Said notice shall contain the reason(s) for the Owner's intent to declare the Contractor at fault, and unless within ten (10) days after service of said notice, the violation shall cease or satisfactory arrangements shall be made for its correction, the Contractor, by written 11 notice, may be declared in default and his right to proceed under this Contract terminated. In the event the Contractor is thus declared to be in default, the Owner, in conjunction with the PAHAP, will proceed to have the work completed. If the cost of completing the work exceeds the original contract amount, the difference will be the responsibility of the original Contractor and may be collected from retainage or unexecuted payments, or other remedies deemed necessary. The Contractor shall be responsible for any damages resulting to Owner by reason of default. SECTION 27. Notice: Notices to be given by the Owner and/or the PAHAP to the Contractor for the purpose of this Contract when mailed by regular mail or certified mail, or sent by messenger to the Contractor at: Thomas W. Sheppard, d.b.a. Stonewater Inc Contractor's Name) P.O. Box 294 (Contractor's Address) Port Neches, Texas 77651 (Contractor's Address) Same (Contractor's Permanent Address) SECTION 28. Assignment: The Contractor shall not assign the Contract without prior written consent of the Owner and PAHAP. The request for approval of assignment must be addressed in care of the PAHAP. SECTION 29. Effective Date of Contract: This Contract shall not become binding upon the parties concerned until properly signed by all parties and formal approval of the loan application has been given by the respective Federal Government Agency designated to make such approval. SECTION 30. Appendix I-Equal Opportunity Clause, Section 202, Executive Order 11246 (30 FR 12319-25). 12 During the performance of this Contract the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to provide the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, relation, sex or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in a conspicuous place available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of 13 Labor for purposes of investigation to ascertain compliance with such rules, regulations and others. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 or by rules, regulations or order of the Secretary of Labor or as otherwise provided by law. 7. The Contractor will include the provisions of the sentence immediately preceding Paragraph 1 and the provisions of Paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. SECTION 31. Arbitration Procedures: In the event of a dispute that cannot be settled by PAHAP, both the contractor and the owner agree to submit the dispute or claim to the Mediation Service of Jefferson County, Inc. If a settlement is not reached, the dispute or claim must enter into binding arbitration under 14 the act known as the Uniform Arbitration Act pursuant to the commercial arbitration rules of the American Arbitration Association. SECTION 32. One-Time Assistance: The owner hereby acknowledges that PAHAP rehabilitation program is for one-time assistance and that the owner is responsible for all future repairs and maintenance on the home. IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal rights in your home . KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW. Signed the `r' day of ~y~-,~. , 2008. d Owner: Victoria M. CI n ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, on this day personally appeared ~~ ~ ~~, ~ known to me to be the persons whose name(s) are subscribed to the for oing instrument, and acknowledge to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the `~~' day of ~~'~~~ 2008. ~.. Notary Seal :•;PPY °~B<••• KARE~1 S SNIPES • 2~' ~ •` NOTARY PUBLIC ~. .: ':~•` State of Texas •'~'4j~aF~~'py'••Comm. Exp. 04-08-2010 Notary Public, State of T cas 15 Signed this c~ day of ~ ~~z , 2008. `%'~~ GJi~~i''~ Thomas W. Sheppard, d.b.a., Stonewater, Inc. Authorized Signature ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON B~ re me, the , dersigned authority, on this day personally appeared (~ C Yy1 Cti,. (~ _ ~~'l~ ` ,~.,t. (Contractor) owner(s) known to me to be the persons whose name(s) ar ~ bscribed to the foregoing instrument, and acknowledge to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~~ay 2008. -''~~T~y~$<~. ' KAREN S SNIPES , .~ . ° =;'~j ~ iVC)TA+ `( PUBLIC ?e of Texas *' St ~,. W : „ _' ..';~~;;~~~~`'~` a romm. Exp. 04-08-2010 Notary Seal Approved by: City of Port Arr Beverly A. Fre an Housing Programs Administrator Notary Public -State of(/Texas 16 STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF JEFFERSON ~ .Before me, the undersigned authority, on this day personally appeared ` ~ -~ ~ ~ •~ CC` (Contractor) owner(s) known to me to be the persons wh se name(s) are subscribed to the foregoing instrument, and acknowledge to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ~ 2008 Notary Seal ;?;gip"':P°e<~:_ KAREN S SNIPES NOTARY PUBLIC ~ ' • *~!'^'!: y* ~ State ofi Texas <~,• LZ„~,,~-~ ./~ •.'~aF;~+4`•Comm. Exp. 04-08-2010 N tary Public -State of Texas 17 EXHIBIT ..~., CITY OF PORT ARTHUR HOUSING ASSISTANCE DIVISION CONTRACT FOR PROPERTY RECONSTRUCTION AT: 3236 E. 17th Street Port Arthur, Texas 77640 CONTRACT AMOUNT: $70875.60 PAYMENT SCHEDULE : B DATE: ~~ _ ~ - L~~ CONTRACT NO : N ~ ~' ~ ~ ~ ' 3.1 ~~ ~ THIS CONTRACT made and entered into on this ~~'~ day of ~ ~~L~i~-r2_ , 2008, by and between Thomas W. Sheppard, d.b.a, Stonewater, Inc. hereinafter referred to as the "Contractor" and Brenda J. Conner ,hereinafter referred to as the "Owner". WITNESSETH: WHEREAS, the Owner desires to engage the Contractor to perform certain work on the premises commonly known as 3236 E. 17th Street Port Arthur Texas ;and, WHEREAS, the Owner desires to reconstruct the aforesaid premises in accordance with all Building and Housing Codes of the City of Port Arthur (hereinafter referred to as "City", as well as the Housing and Urban Development Act of 1974, the Department Housing and Urban Development's Community Development Block Grant, and HOME fund guidelines; and WHEREAS, the undersigned Contractor has proposed to furnish labor, superintendent services, and materials in accordance with a payment schedule mutually agreed to herein; and, WHEREAS, the Owner desires to utilize the services provided by the City of Port Arthur Housing Assistance Programs in connection with said project; and, WHEREAS, anywhere it appears in this Contract, the term "PAHAP" shall mean City of Port Arthur Housing Assistance Programs . NOW, THEREFORE, the parties do mutually agree as follows: 1 SECTION 1. Employment of Contractor: The Owner hereby engages the Contractor to perform the services and supply the materials hereinafter set forth. The Contractor acknowledges that the City, will serve as an agent for the Owner in performing the reconstruction activities set forth in this contract and the formal bid it submitted to the City on behalf of the owner. SECTION 2. Scope of Services: The Contractor shall furnish all of the labor, superintendent services and furnish all material necessary to make the improvements described in Plans and Specifications, attached hereto as Exhibit "'1" and made a part hereof for all purposes. The Contractor acknowledges that the City will be responsible for the following activities: A. Work write-ups and cost estimates; and B. Preparing and awarding bid documents including, but not limited to developing plans and specifications; and C. Implementing and maintaining construction specification manual; and D. Conducting pre-bid conferences; and E. Preparing contract documents and any other required forms; and F. Conducting meetings to explain contract documents and procedures to be followed; and G. Issuing Notice to Proceed following request by homeowner; and H. Inspecting work for compliance with contract for certifications needed for progress and final payments; and I. Authorizing of payment to contractor following City inspection and homeowner approval; and J. Initiating change orders as required; and K. Maintaining program records as required by HUD and public relations efforts as needed to promote the program. 2 SECTION 3. Time for Performance: The Contractor shall, within (10) working days from the date of the order to proceed, begin actual performance hereunder and all work to be performed by the Contractor shall be completed in accordance with Conditions, Plans, and Specifications within 120 working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of 50.00 for each consecutive calendar day thereafter in excess of time provided. Notwithstanding the aforesaid, the Contractor is excused from the performance time requirement if, during the progress of the work, delay is authorized in writing by the PAHAP. To obtain a delay, Contractor must request any such delay in writing from the PAHAP, such requests shall contain the cause necessitating the delay. Delays may be authorized for any causes completely beyond the Contractor's control, and the time of completion shall be extended for such reasonable time as the PAHAP may decide. The PAHAP shall make final decisions on the granting extensions of time. SECTION 4. Subcontracting: The Contractor is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of himself or persons directly employed by him. Nothing contained in the Contract document shall create any contractual relation between the subcontractor and the Owner. The Contractor shall not subcontract any part of the work under this Contract or permit his subcontracted work to be further subcontracted without the prior written approval of the PAHAP. SECTION 5. Changes: It is agreed by the parties hereto that all changes shall be in writing and signed by the parties to the Contract and the PAHAP. All changes ADDENDUM/AMENDMENT) must be submitted to the PAHAP during the first (1St) phase of the Contract, and the PAHAP must approve all changes prior to start of the work. Any exception to this shall be in writing from the PAHAP. No oral contract shall be enforceable. 3 SECTION 6. Waiver and Liens: The Contractor shall submit to the Owner an Affidavit of all bills paid prior to final payment of the consideration set forth hereafter. SECTION 7. Compensation: The Owner agrees to compensate the Contractor $70875.60 for the services, labor, superintendence and the materials provided herein. SECTION 8. Method of Payment: The Owner agrees to authorize payment to the Contractor in accordance with one of the following schedules, choice of schedule shall be at the sole discretion of PAHAP. Schedule A Lump Sum (90%): Completion of entire work provided for under this Contract, ninety percent (90%) of the total price shall be remitted in one lump sum amount within (10) days afterthe PAHAP receives the Contractor's invoice and satisfactory affidavit of all bills paid. (See NOTE for payment of retainage); or Schedule B Progress Payments: Based on compensation for the following phases of satisfactory completion, partial payments shall be made as follows: Forty-Five Percent (45%)of total contract amount if at least one half (1/2) of the work provided for under this Contract has been completed satisfactorily; and Forty-Five Percent (45%) of total contract amount if the second one half (1/2) or one hundred percent (100%) of the work provided for under this Contract has been completed satisfactorily. Final payment due to the Contractor will be paid within (10) days after receipt of the Contractor's invoice and the release of liens by subcontractors, laborers and materials' suppliers for completed work; or, Schedule C Progress Payments: Application For Payment may be submitted to the PAHAP by the Contractor, along with Certificates For Payment on account as provided in the Contract Documents for the period ending the last day of the 4 month. Said Application For Payment must be submitted within 15 days following the end of the period covered by the Application For Payment. Ninety Percent (90%) payment may be made for that portion requested in the Application For Payment, provided the amount requested is properly allocable to the work completed during the period covered. Application For Payment shall state the original contract amount, plus any authorized change order amounts, less the aggregate of previous payments. The amount requested will be paid up to ninety percent (90%), unless PAHAP has determined that additional corrections, defects in work, or unsettled claims warrant retaining an amount in excess of ten percent (10%). NOTE: Contract Retainage Payment: Ten percent (10%) of each draw in Schedule B will be retained. The total of which will be equal to, but not exceed ten percent (10%) of the total contract amount. A ten percent (10%) retainage shall be applied for Schedule A and each draw under Schedule C with the total not to exceed ten percent (10%) of the contract amount including approved change orders. Retainage will be held in escrow by the PAHAP for a period not to exceed thirty (30) days after all work under this contract is completed unless all workmanship and materials are not satisfactorily completed and approved by the PAHAP. Upon receipt of Application For Payment from Contractor, PAHAP shall determine whether or not the contractor has satisfactorily completed the work. If either materials or workmanship are not satisfactory, the PAHAP shall advise Contractor immediately of defects. If the PAHAP and Owner deem it impractical to correct defect or work not done in accordance with this Contract and its attachments, an equitable deduction from the Contract amount, based solely upon the judgement of the PAHAP shall be made. SECTION 9. If the PAHAP shall determine, upon receipt of the Contractor's Application for Payment, that the work has been completed in accordance with the plans and specifications, it shall, Within seven (7) days after receipt of said application, submit one Application For Payment to the Owner or if not completed as stated in the Application For Payment, notify the Contractor in writing its reasons for withholding said request. SECTION 10. The submission of an Application for Payment will represent to the Owner, based on PAHAP's observations at the site as provided in Section 20 herein and the data comprising the Application For Payment, that the work has progressed to the point indicated; that, to the best of 5 PAHAP's knowledge, information and belief, the quality of work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. SECTION 11. The PAHAP .may decline to certify payment and may withhold its Certificate in whole or in part, only to the extent necessary to protect the Owner, if in its opinion the Contractor has not satisfied the contract as provided in this agreement. If the Contractor and PAHAP cannot agree on a revised amount, the PAHAP will authorize payment for the amount which is undisputed by PAHAP, the Owner and Contractor. The PAHAP may also decline to certify payment, or because of subsequently discovered evidence or subsequent observations, it may nullify the whole or any part of Application For Payment previously issued, to such extent as may be necessary in its judgement to protect the Owner from loss because of: 1. Defective work not remedied; 2. Third party claims filed (or reasonable evidence indicating probable filing of such claims); 3. Failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment, but only if no bond has been furnished; 4. Reasonable evidence that the work cannot be completed by the Contractor for the unpaid balance of the contract sum; 5. Damage to the Owner or another Contractor; 6. Reasonable evidence that the work will not be completed within the adjusted contract time; or, 7. Persistent or unreasonable failure to carry out the work in accordance with the contract documents. When the above grounds are removed, payment shall be made for amounts withheld because of them. 6 SECTION 12. After the PAHAP has issued the Authorization For Payment, the Owner shall authorize payment in the manner and within the time provided in the Contract Documents. SECTION 13. If the Owner should fail to authorize payment to the Contractor within the time provided in the contract without a showing of valid cause to be determined by the PAHAP, the PAHAP shall be authorized to make payment to the Contractor for the work for which the Authorization For Payment was issued. SECTION 14. No Certificate For Progress Payment nor any progress payment, nor any partial or entire use or occupancy of the project by the Owner, shall constitute an acceptance of any work not in accordance with the Contract Documents. SECTION 15. Disputes: The PAHAP shall, within a reasonable time, make decisions on all claims of the Owner or Contractor and/or all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. The PAHAP's decisions shall be final. SECTION 16. Workmanship: The work provided hereunder by the Contractor shall be executed as directed by the official construction manual and plans and specifications. Work shall be performed in a workmanlike manner in accordance with the standards of each trade applicable and shall comply with appropriate codes and its requirements. The Contractor hereby agrees that he is familiar with the construction and of the grade required by the specifications, unless otherwise agreed between the PAHAP and Contractor. Materials damaged in shipment shall be replaced at the Contractor's expense. Salvage lumber or material from the Owner's premises may only be reused provided it is structurally sound and is approved for reuse by the PAHAP. Any salvaged materials not used in the construction shall be the property of the Contractor, unless otherwise stipulated. Contractor and/or Owner shall not use, or allow to be used, any paint containing more than '/z of 1 per centum lead weight (calculated at lead metal) in the total nonvolatile content of liquid paints. Lead paint removal is a dangerous task and safety precautions should be strictly enforced when workers are engaged in lead hazard abatement. The use of lead-based paint materials on any surface, interior or exterior, is strictly prohibited. Any alterations or deviations from said specifications shall be executed only upon writ consent of Owner, Contractor, and PAHAP. No extra costs will be paid if Contractor has neglected to properly evaluate the extent of the rehabilitation work. Contractor, in all cases, shall leave the work in a finished condition as determined by acceptable building standards and the PAHAP. Repairs shall be made to all property, real or personal, damaged by the Contractor at no additional cost to the Owner. Where repair and/or replacement of an existing item is called for in the job specifications, the item or feature is to be placed in equal to new condition either by repairing or replacing (taking into consideration that in repairing, existing structures cannot be restored as new and that some lines and surfaces may not be completely level and true or without slight irregularities). All damaged, decayed, missing or rotted parts shall be replaced and loose parts shall be secured or replaced so that the finished work shall match the adjacent work in design and dimension. Such repairs or replacement shall be made to blend with existing work so that the patch or replacement is inconspicuous. SECTION 17. Defects After Completion: The Contractor shall guarantee the work performed for a period of twelve (12) months from the date of final acceptance of all work required by the Contract except that the Contractor shall provide a two (2) year guarantee for roof work unless otherwise provided. Furthermore, the Contractor shall furnish the Owner, in care of the PAHAP, with all manufacturers' and suppliers' with guarantees and warranties covering materials and equipment furnished under the Contract. Any defects that appear within this twelve (12)period and arise from defective or improper materials or workmanship shall, upon notification of the PAHAP, be corrected or 8 made good by the Contractor at his expense within (10) working days after receipt of notice. SECTION 18. Inspection of Work: PAHAP shall at all times have access to the work. If the specifications, plans, instructions, laws, ordinances, building code standards, or any public authority require any work to be specifically inspected, tested, or approved, the Contractor shall give the PAHAP timely notice of its readiness for inspection. If the inspection is by another authority other than the PAHAP, Contractor shall inform PAHAP of the time fixed for such inspection. Inspection of the work by authorized inspectors shall be facilitated by the Contractor during normal working hours. All work performed shall be subject to approval and acceptance by the PAHAP. Inspections by the PAHAP shall be made promptly and if any work should be covered up without approval or consent of the PAHAP, the Contractor may be required to uncover the work for examination and bear the cost thereof. If such work should be found not in accordance with this Contract, including incorporated Plans and Specifications, the Contractor shall pay such costs to remedy said nonconformance, provided, however, if the Contractor shall pay the cost of remedying such work if owner desires to remedy same. At all times the Contractor shall permit the United State Government or its agents or assignees to examine and inspect the rehabilitation work. SECTION 19. Permits and Licenses: All permits and licenses necessary for the completion and execution of the work shall be secured and paid for by the Contractor. If the Contractor observes that the drawings, plans and/or specifications are at a variance with applicable laws, rules, ordinances, and/or regulations bearing on the conduct of the work, he shall promptly notify the PAHAP in writing. Any necessary changes shall be adjusted as provided for in the contract for changes in the work. If the Contractor knowingly performs work contrary to such laws, ordinances, and without notice from the 9 PAHAP, he shall bear all costs arising therefrom. All work shall be performed in conformance with applicable local codes and requirements whether or not covered by the specifications and drawings for the work. SECTION 20. Insurance: Contractor shall procure and maintain statutory Worker's Compensation Insurance, Contractor's Injury Insurance in an amount not less than: $500,000 for injuries, including accidental death, to any ones person, and not less than $500,000 on account for one occurrence; Property Damage Insurance in an amount not less than $100,000 for each occurrence and $1,000,000 aggregate. Such insurance shall name the City of Port Arthur and Owner as additional named insured. Contractor shall not commence work under this Contract until he obtains all insurance required and has submitted satisfactory evidence to the City SECTION 21. The Owner will permit the Contractor to use, at no cost, existing utilities, such as light, heat, power, and water, necessary to carry out the completion of the work. Ownerwill cooperate with the Contractor to facilitate the performance of the work, including the removal and replacement of rugs, covering, and furniture, if necessary. Contractor shall keep the premises clean and orderly during the course of the work and shall remove all debris at the completion of said work. Materials and equipment that have been removed and replaced as part of the work shall belong to Contractor and shall be removed from the premises by Contractor. SECTION 22. Engineering or Construction Surveys: The Contractor shall furnish all surveys as required under this Contract unless otherwise specified. SECTION 23. Approved by PAHAP: This Contract must be approved by the PAHAP before it becomes effective. SECTION 24. Indemnification: The parties hereto agree to indemnify and hold harmless the City of 10 Port Arthur, its officers, agents and employees for any damages concerning the undertaking and execution of this Contract. 'The CONTRACTOR shall comply with the requirements of all applicable laws, rules and regulations in connection with the services of said CONTRACTOR and shall exonerate, indemnify and hold harmless the City, its officers, agents and all employees from any and all liability, loss or damages arising out of non-compliance with such laws, rules and regulations; without limitation, the CONTRACTOR shall assume full contributions imposed or required under the Social Security, Worker's Compensation and Income Tax Laws with respect to the CONTRACTOR'S employees. The parties hereto agree to indemnify and hold harmless the City of Port Arthur from any and all liability, loss, damages, expenses or claims arising out of negligence of the CONTRACTOR or employees in connection with any of the work performed or to be performed under this CONTRACT by the CONTRACTOR. SECTION 25. Default by Contractor: Incase of default by the Contractor, the Owner may procure the articles or services from other sources and hold the Contractor responsible for any excess costs occasioned thereby. SECTION 26. Termination: In case the Contractor fails to furnish materials or execute work in accordance with the provisions of this Contract, or fails to proceed with or complete the work within the time limit specified in this Contract, or if the provisions of this Contract are otherwise violated by the Contractor, then in any case upon fifteen (15) days written notice to the Contractor, the Owner, in conjunction with the PAHAF', shall have the right to declare the Contractor in default in the performance of his obligations under this Contract. Said notice shall contain the reason(s) for the Owner's intent to declare the Contractor at fault, and unless within ten (10) days after service of said notice, the violation shall cease or satisfactory arrangements shall be made for its correction, the Contractor, by written 11 notice, may be declared in default and his right to proceed under this Contract terminated. In the event the Contractor is thus declared to be in default, the Owner, in conjunction with the PAHAP, will proceed to have the work completed. If the cost of completing the work exceeds the original contract amount, the difference will be the responsibility of the original Contractor and may be collected from retainage or unexecuted payments, or other remedies deemed necessary. The Contractor shall be responsible for any damages resulting to O~Nner by reason of default. SECTION 27. Notice: Notices to be given by the Owner and/or the PAHAP to the Contractor for the purpose of this Contract wl-ien mailed by regular mail or certified mail, or sent by messenger to the Contractor at: Thomas W. Sheppard, d.b.a., Stonewater, Inc. Contractor's Name) P.O. Box 294 (Contractor's Address) Port Neches, Texas 77651 (Contractors Address) Same (Contractor's Permanent Address) SECTION 28. Assignment: The Contractor shall not assign the Contract without prior written consent of the Owner and PAHAP. The request for approval of assignment must be addressed in care of the PAHAP. SECTION 29. Effective Date of Contract: This Contract shall not become binding upon the parties concerned until properly signed by all parties and formal approval of the loan application has been given by the respective Federal Government Agency designated to make such approval. SECTION 30. Appendix I-Equal Opportunity Clause, Section 202, Executive Order 11246 (30 FR 12319-25). 12 During the performance of this Contract the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of corripensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to provide the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment vrithout regard to race, color, relation, sex or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in a conspicuous place available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of 13 Labor for purposes of investigation to ascertain compliance with such rules, regulations and others. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 or by rules, regulations or order of the Secretary of Labor or as otherwise provided by law. 7. The Contractor will include the provisions of the sentence immediately preceding Paragraph 1 and the provisions of Paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. SECTION 31. Arbitration Procedures: In the event of a dispute that cannot be settled by PAHAP, both the contractor and the owner agree to submit the dispute or claim to the Mediation Service of Jefferson County, Inc. If a settlement: is not reached, the dispute or claim must enter into binding arbitration under 14 ±he act known as the Uniform Arbitration Act pursuant to the commercial arbitration rules of the American Arbitration Association. SECTION 32. One-Time Assistance: The owner hereby acknowledges that PAHAP rehabilitation program is for one-time assistance and that the owner is responsible for all future repairs and maintenance on the home. IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal rights in your home . KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW. Signed the ~-' day of t~l.~-~,e,~ , 2008. Owner: Brenda .Conner ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON < l <°' ~ Before me, the undersigned authority, on this day personally appeared ~~~~.-~ f ~!~~`~'"~`l ~ known to me to be the persons whose name(s) are subscribed to the fo going instrument, and acknowledge to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~~~~ day of ~~`~__ ~,L`~~- 2008. °"~°`~°<;••. KAREN S SNIPES No ry Public, State of TeX' s ~z~• .~: ~: NOTARY PUBLIC Notary Seal '*':.'°•` State of Texas ~''~'~~FT`~'•h~.Comm. Exp. 04-08-2010 15 Signed this day of ~~L~-~--- , 2008. Thomas W. heppard, d.b.a., Stonewater, Inc. Authorized Signature STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT Bef9~ me, the undersigned authority, on this day personally appeared ~~~"Y"~~~' G~,, . !J~~~~L~,-~,^~(Contractor) owner(s) known to me to be the persons whose name(s) are subscribed to the foregoing instrument, and acknowledge to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ~ ~r~W•-~--- 2008. ~-~Pa::°~8~;•.. xa~~r~ ~ s~~~~~s :20; .~. {~CTAFtY FUBL.IC ~i: •.Aa Notary Seal ••.~•~•.....~Py. stage ~~-r~x~s •• 4~oFt~+.• Comm. 'exp. t~4-OS-?_010 Approved by: y U' ~ " ~2~2~..~ City of Port A ur Beverly A. Freeman Housing Programs Administrator ~t.. ~' ; `~ ~~ Notary Public -State of Tex s 16 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON e ore me, the undersigned authority, on this day personally appeared ~~~~=~~~ ~ % ~-lG~ (Contractor) owner(s) known to me to be the persons who a name(s) are subscribed to the foregoing instrument, and acknowledge to me that they executed the same for the purposes and consideration therein expressed. r- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ day of ~ - ~' '~~-~- 2008. '' pPY Pff~- `~~ I :.* `,.~~'~:,:: * ~ ~CiTf;i?y PUBE.tC ~ ~~'~s~~ti../ ~ f%~"~''`~ ~~'~°`~+p'` ~' ~ Notary ublic -State of Texas Notary Seal 17 EXHIBIT ~. p„ Stonewater, Inc. DBA Kitchens 8: Baths Unlimited P.O. Box 294 Port Neches, TX 77651 Invoice Bill To: City of Port Arthur Housing Assistance Re: 2310 Thomas (Bell) P.O. Box 1089 Port Arthur, TX 77641-1089 Description Taxable I Rate I Total Site Work 1200.00 Foundation 7888.00 Plumbing 1575.00 Electrical 2100.00 Framing 8100.00 Exterior Doors 500.00 Windows 1350.00 Insulation 1286.25 Exterior Surface-siding 5100.00 Drywall-hang 1353.60 Drywall-tape, texture, float 5414.40 Mechanical 2700.00 Roofing 1800.00 Permits 1500.00 45 I° of Contract Price $32,461.02 Less 5% retainage -$1,623.05 TOTAL DUE THIS REQUEST $30,837.97 Balance on contract $41,297.63 ~~G./ . Invoice # 090408-6 Invoice Date: 9/9/08 EXHIBIT ~~ E„ ~"I t ... y.. 47 v $; ;a ~.° M.n.,! ~ ~~ °r.~~ +r!~ ~ .y1 .~,at fiY!n ~a'7, '.'~""" Invoice Bill To: City of Port Arthur Housing Assistance Re: 3140 6th Street (Clayton) P.O. Box 1089 Port Arthur, TX 77641-1089 Description Stonewater, Inc. DBA Kitchens 8~ Baths Unlimited P.O. Box 294 Port Neches, TX 77651 Invoice # 090408-4 Invoice Date: 9/9/08 Taxable ~ Rate Total Site Work 200.00 Foundation 7888.00 Plumbing 1575.00 Electrical 2100.00 Framing 8100.00 Exterior Doors 500.00 Windows 1350.00 Insulation 1286.25 Drywall-hang 1353.60 Drywall-tape, texture, float 5414.40 Mechanical 2700.00 Roofing 1800.00 Perm its 1500.00 45% of Contract Price $32,002.02 Less 5% retainage -$1600.10 TOTAL DUE THIS REQUEST $30,401.92 Balance on contract $40,713.68 G~/ EXHIBIT .~ F„ y r-. a .- Stonewater, Inc. DBA Kitchens 8~ Baths Unlimited P.O. Box 294 Port Neches, TX 77651 Invoice Bill To: City of Port Arthur Housing Assistance Re: 3236 17th Street (Conner) P.O. Box 1089 Port Arthur, TX 77641-1089 Desc~ iptian Taxable I Rate Total Site Work 200.00 Foundation 7888.00 Plumbing 1575.00 Electrical 2100.00 Framing 8100.00 Exterior Doors 500.00 Windows 1350.00 Insulation 1470.00 Drywall-hang 1353.60 Drywall-tape, texture, float 5414.40 Mechanical 3150.00 Roofing 1800.00 Permits 1500.00 45% of Contract Price $31,894.02 Less 5% retainage -$1,594.70 TOTAL DUE THIS REQUEST $30,299.32 Balance on contract $40,576.28 GJ Invoice # 090408-5 Invoice Date: 9/9/08