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PR 15538: THOMAS W. SHEPPARD DBA STONEWATER, INC. FINAL PAYMENT
INTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: Steve Fitzgibbons, City Manager From: Rebecca Undefii!/, Assistant City Late: Tuesday, September 29,1009 Re: P.R. 15538 Attached is P. R No. 15538 authorizing the City Manager to execute a final paymerrt for the scope of the services for the contract between the City of Port Arthw and Thomas W. Sheppard, d.b.a., Stonewater, Inc., for housing reconstruction activities pwsunt to the Community Development Block Grant Iisaster Recovery Program. Account Number 117-1404-621.59-00 Housing Programs Fund. BACKGROUND: The Housing Tnut Fund (HTF) was established to assist applicants with gap financing needs. Applicants at 60% and above Area Median Income (AMI) qualified for gap financing in the amount of $5,000 from the HTF. The homeowner residing at 3516 24's Street qualified for $5,000 from the HTF, due to her income being at 62% of the AMI. The homeowner received $13,606.76 from an inswance claim and $10,000 from a Small Business Administration loan for a total of $23,606.76. The eligible calculated expense receipts totaled $12,436.46; leaving a gap or shortfall of $11,170.30, minus the $5,000 from the HTF. A balance remains in the amount of $6,170.30. Funds were available in the homeowner's account to cover the remaining balance. Texas Departrnent of Housing and Community Affairs (TDHCA) did not require the applicant to deposit the funds in an escrow account with the City or TDHCA; therefore, on completion of the home, the homeowner used the funds to replace fiuniture that was damaged and destroyed in the hurricane. The homeowner's contract $70,375.40 Total Contract $59, 205 10 CDBG Approved Amount $11,170.30 Gap Financing Required to complete contract $- 5,000.00 Eligible HTF funding $ 6,170.30 Remaining Balance BUDGETARY/FISCAL EFFECT: The funds are available in account number 117-1404-621.59-00 Housing Programs Fund. STAFFING/EMPLOYEEEFFFCT: Housing Administration staff will be responsible for submitting request for payment. SUMMARY: I recommend City Council adopt Proposed Resolution No. 15538 authorizing the City Manager to execute a final payment for the scope of the services for the contract between the City of Port Arthw and Thomas W. Sheppard, db.a, Stonewater, Inc., for housing reconstnrction activities pursuant to the Community Development Block Grant Disaster Recovery Program. Account Number 117-1404-621.59-00 Housing Programs Fiord. P. R. No. 15538 9/29109 BAF/Housing RESOLUTION NUMBER A RESOLUTION AS IT PERTAINS TO A PAYMENT IN THE AMOUNT OF $6,170.30 TO STONEWATER, INC., FOR SERVICES FOR THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND STONEWATER, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM, HOUSING RECONSTRUCTION, ACCOUNT NUMBER 117-1404621.59-00 WHEREAS, pursuant to Resolution No.08-349, the City Manager entered into a contract with Thomas W. Sheppard, d.b.a., Stonewater, Inc. for the reconstruction of six (6) residences pursuant to the Community Development Blak Grant Disaster Recovery Program, upon approval of the Texas Department of Housing and Community Affairs; and, Whereas, the cost of reconstruction for six (6) residences was $440,499.86; and, Whereas, the Council of Government, Southeast Texas Regional Planning Commission, acting as Contract Administrator, authorized payment from the Housing Trust Fund; and, Whereas, payment is deemed essential for the proper completion of the residence and was previously approved by the Housing Assistance Division; and, Whereas, the Housing Assistance Division has approved final payment in the amount of $6,170.30 be released to Stonewater, Inc. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the request for payment is herein approved as denoted in Exhibit "A". Section 3. That the Council further approves the final payment and release of the final payment in the amount of $6,170.30 to Stonewater, Inc. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of A.D., 2009 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by tl~e following vote: AYES: MAYOR COUNCILMEMBERS NOES: ATTEST: CTfY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY ~w..,$>rNALF oF) APPROVED FOR ADMINISTRATION: ----~ d~ ~----- MANAGER ~~ ~ REBECCA UNDERHILL ASSISTANT CIfY MANAGER/ADMINISTRATION MAYOR APPROVED AS TO THE AVAILABILTfY OF FUNDS DIRECTOR OF FINANCE P.R. No. 15538 EXHIBIT ~~A" (DRAW REQUEST) ~XAS DEPARTMENT OF AOUSDSG AND COIIDNUNITY AFFAIRS CDBG Disaster Recovery Program 5'F7 :uw:0 - Set•Ups / Revisions f Cancellations Checklist Council Of Government South East Texas Regional Planning Commission Contrad q C0B0003 Contract Start Date Contrect End Date Date COG Approved Assistance Sat-Up Amount S 59,117.70 7M8/06 12/31108 BIdlConstmdionfPurchase Contract Amount: 570,375.40 Total From FEMA for home repair/replacement: f0.00 Total From SBA: f10,000 Total From Insurance: 513,606.76 Total From other sources: f List Sources: _ Verified home repaldreplacemeM expenditure: f12,349.06 lJst Source(s): r ce ieots Gap Financing: f11,257.70 Lbt Source(s): Housinc Trust Fund. SETERF. and client Set-up amount (above) must equal Contract Amount -Other Sources +Verified ExperMltures. Gap flnancing source must be fdeniied B su r! dots musrbe submited with the set-u see Assistance Cakulaion Exam ks DOC Homeowner Name: Laura Mozelle Goodwin - Homeowner Address: Streef/PO Box 3516 24th street City Part Arthur County Jefferson Zip TT642 Assistance Type: Emergency Repair Rehabilitation Reconstruction New Construction ^ Demolition ^ Activity Type: Stick-built ® Manufactured Housing ^ Modular Housing ^ # of Bedrooms: - 2 Square Footage: 972 Cost Per Square Foot: 72.40 Compliance Data: Flood Plain ^ Yes ®No (3 yr. defenedrforgWable loan required f/answer is yes) Environmental Clearance Date Pre-1978 ^ Lead Risk Assessment Date: 1!15!08 ® COG has evidence that the applicant owned the home as of September 24, 2005 in applicant's project file ® COG has evidence that the home was damaged by Hurricane Rita in applicant's project file ® Assistance to be provided will not dupiiwte prior assistance for the same repair related to hurricane damage ® If assistance volt be provided in the form of a 3 year deferred loan, consbudion will not begin until Right of Resdssion expires (4 days after loan doses) ® COG has properly calculated assistance to be provided and it agrees with the Project Set-up amount and construction contractor Ivan amount COG Signature: l ,A /t.(i1 .~~ t'r'7f1 ~ Approval Date: I 1 I l01 O ]~ Form 16.26 - ProjeG Set-up Requests Page 1 of 2 CDBG Disaster Recovery Program January 2668 Contract Number: 7060003 Activity Number. 1000040044 Mozelle L Goodwin -Final Draw 351614th Street, Port Arthur 59,205.1 + i~}170°~ + (t9 BrnT - 70}',75.4 ~J~ ~ ~~ . C cx~ ~ ~ `~ 70}575°4 + Qrps..n L -- -3_'__•90 - ?5}427.0? 2}827.02 + 12}65ti•72 0. r -SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION CDYYT MG021009-7 BATCH # INVOICE # 03105109. $ 23,324:50 DATE INCURRED INVOICE AMOUNT CDBG VENDOR ID # USER'S REFERENCE Stonewater, .Inc. VENDOR NAME P. O. Box 294 ADDRESS Pt. Neches TX 77651 CITY STATE ZIP CHARGE TO: Contract Cost GIL Pund Grant Number Program Ca o .Function Center Amount 735 12 101 1204 00 000 00 00 $ 23,324.50 132 12 1204 $ 23,324.50 320 12 101 ..1204 00 000 28 00 $ (23,324.50) State/Federal Funding Agency Ezpected Reimbursement Date EXPLANATION: Cl~°I~ Draw - M. Goodwin, 3516.24th Street, P. A. Stick Built Home Reimbursement fog SETRPC STAFF APPROVAL C OFFICER APPROVAL OFFICER APPROVAL * This ACA Payment Authorisation Memo must be approved by Two Oticers Please attach all supporting documentation (vendor ievoicq State/Federal fonds request). ar,.~e+Ja..~e+a~anaGl\a yr rlV VJl1\V HI\L liVl\l1~rVl. aa-u~rrurJ CDBG Disaster Recovery Program orronTUHii`r Activity Draw Request Checklist Clearance, Rehabilitation, ReconsWcfion, New Construction Council Of Government South East Texas Regional Planning Commission Contract # C 06 0003 Contract StartlEnd Date Draw # 347 Service Date(s) Drew Amount $ 23,324.50 7128/06 thru 04!30/09 1.7.09 - 2.27.09 Homeowner Name Homeowner Address Mozelle L. Goodwin - 66% Drew 3516 24"' Street, Port Arthur, TX 77642 HOME Program. Specialist Signature Approval Date HOME Manager Signature Approval Date Additional support documentation may be required by TDHCA prior to approval of draw requests. COG REQUIRED documentation for Activity Draws ® Signed Contractor Request for Payment (Form 11.04) ® Signed Lien Waiver Affidavit (Interim) by Contractor (Form 11.25) (notarized) ® Itemized invoice from Building Contractor (10 %Retainage held for 30 days after construction completion for sCrck-built homes only) ^ Flood Plain -Loan Document Approval Memo from TDHCA (if applicable) Is this the FINAL Draw Request? ^ YES ®NO If YES, submit /perform the following: ^ Construction is 100% complete (10 % RETAlNAGE held 30 days after constmction completion) Final Inspection (Form 11.03) (signed and dated) °Ater° photos of work performed (indicate addresses of photos) Final Bills Paid Affidavit by Contractor (Form 11.08) (notarized) ^ If unpaid sub-contractors are listed on Form 11.08, provide signed Lien Waiver Affidavit(s) (Interim) by Sub-Contractor(s) (Form 11.22) (notarized) Final Lien Waiver Affidavit by Contractor (Form 11.24) (notarized) if MHU or Modular Home TDHCA Contractor and Subcontractor Activity Report (HUB Report) (Form 07.02) (contractor must be listed) ^ For new/reconstruction only: REScheck Compliance Certificate signed and dated after completion ^ Is this Draw Request for Retainage Only9 ^ YES ®NO If YES, submit I perform the following: ^ Verify Final Inspection (Form 11.03) was completed 30 or more days prior to request for retainage ^ ^ Final Lien Waiver Affidavit by Contractor (Form 1 f.24J (notarized) ^ For TDHCA Use Only: ~ ^ Confirm Request for Payment agrees with authorized official's signature on the Contract Access Form ~ ^ Confirm 10"/° of total budget is available for retainage ^ Confirm compliance with OMB A-87, Cost Principles for State, Local and Indian-Tribal Governments ^ Confirm service dates are within the term of the contract ^ Confirm Current Single Audit Certification F~cpires ^ Verify balances iri CDBG Contract Tracking System and forward draw request approval to ORCA ^ For final draw only: De-obligate furids $ ^ Is monitoring or TA site visit recommended? ^ No ^ Yes (if Yes, notify Supervisor) ^ Create tab (if necessary) and file documents in the contract file Form 16.07 -Activity Draw Requests ° Page 1 of 1 CDBG Disaster Recovery Program JariUary 2008 u :~:,~, Balding Contractor's Request for Payment CO ,~J 7' ~ Contract# ~ ~~ ~ CYl ~ e 0!0 ~~03 Homeo a ame ~ty # LA /hL62G~~ / Mozelle L. Goodwin v O !/ Homeowner Address 3516 24"' Street Port Arther, TIf 77642 Bedding Contractor Name `Bedding Contractor Address Stonewater, Inc. P.O. Boa 294 Port Neches, TX 77651 L Banding Contractor's Certification and Request for In4pection I hereby certify: ti T'he information presented on this form is nve and complete to the best of my knowledge; ^ Construction arrdlor repair work performed to date on the above-referenced address has been satisfactorily completed in accordance with the terms and regttQements of the Community Development Block Grant Disaster Recovery Program far Hurricane Rita; ^ All expenses for which payment is being requested herein were incurred on the above-referenced address; ^ All expenses incurred to date gave been paid in fu[I to contractors and vendors. p ~ I hereby request inspe ion and author"nation o[ payment [or work completed to date in the amount of $ 0+ ~3aY+~ ~~~ ii ' February ] 1 2009 Signature of Building contractor Date P. Homeowner / Bomebuyer Certdication I agree that the work performed to date by the above-referenced Building Contractor has been satisfactorily completed in accordance with the teams of the rehabilitation ! recomstruction contract dated OS-22-2008. I_bgreby approve and authorize payrpemt to Building Contractor in the amouut of $' a ~ 3~: ~f~ :, . , Si re o~ Homeownei ` ~ bate v III. Inspector's Certification I hereby certify the work for which Building Contractor is requesting payment has been performed and satisfactorily completed in accordance with requirements of the Community Development Block Gmnt Disaster Recovery Program for Hurcicane Rita, including all applicable Constmction standards and specifications. I hereb approve and; authorize payment to Budding Contractor in the amount of $ a 3 Si afore of Ins ector Da[' IV. Contract Administrator's CertiTication I hereby certify the work for which Building Contractor is requesting payment has been performed aad satisfactorily completed in accordance with requQements of Commmity Development Block Grant Disaster Recovery- Program for Hurricane Rita, including all applicable wnstmction standards and specifications. Z ,,I' i hereby prove and arrze meat to Building Contractor in the amount of $ a 3 3"dY ~~ ~ Si afore of Contract Administrator's Re resentative Date Form 11.D4 -Contractor Request for Payment Page 1 of 1 anon n:___._. n__....__. n___-_~ •n.... nnn~ Sto-v~.e~watev~, I DBA Kitchens & Baths Unlimited P.O. Box 294 Port Neches, TX 77651 409-727-6437 Bill To Southeast Texas Regional Planning Commision City of Port Arthur P. 0. Box 1089 Port Arthur, TX 77641 Invoice Date Invoice # 2/11!2009 021009-7 P.O. No. Terms Project Goodwin-2 Item Description Qty Rate Total % Amount 09 Roof Flashing Roofmg, Flashing 3,060.00 3,060.00 18hrteriorWalls InteriorRialls-drywall 1,747.20 1,747.20 11 Siding Siding 5,244.00 5,244.00 17lnsulation Insulation 1:320.00 1,320.00 12 Doors & Trim Doors & Trim 300.00 300.00 12 Doors ~: Trim Doors &Trim-exterior knobs and deadbolts 60.00 60.00 13 Windows ~@... Windows & Trim 780.00 780.00 ]6 Electrical &... Electrical ~ Lighting-Rough In 3,850.00 3,850.00 14 Plumbing Plumbing-top off 2,000.00 2,000.00 14 Plumbing Plumbing-tub with surround 650.00 650.00 ]4 Plumbing Plumbing-copper pvc 500.00 500.00 07 Wall Frame Wall Framing 1,237.70 1,237.70 I S HVAC Heating Rc Cooling 2,575.60 2,575.60 We hereby request 66% draw for new construcfion Mozelle Goodwin at 3516 24th Street Port Arthur, TX 77642 /~1 - w -- . ' I` ` -.._ ~,:.' FEB ~ 9 ~~ E -~; ._ ..__..._ - TOtai .. ._..._.._. $23,324.50 PaymentsJCredits $o Oo Balance Due $23,324.50 iiyt 3i= Lien Waiver Affidavit (Interim] by Contractor BEFORE ME, the undersigned authority personally appeared Thomas Sheppazd (hereinafter referred to as "Contractor"), of P.O. Box 294, City of Port Neches ,County of 7efferson ,Texas, known to me to be a credible person, and after being by me duly sworn, upon oath stated and affirmed that: "Pursuant to the terms of the Contract dated 08-22-2008 made by and between [he undersigned Contractor and Mozelle Goodwin (hereinafter referred to as "Owner"), whereby Contractor agreed to furnish labor, services and/or material for the benefit of Owner the construction of a project known as New Construction (the "Project"), located at 3516 24'" Street City of Port Arthur , 7efferson County, Texas, legally described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property"); and O In consideration of payment in the sum of $°:3~Sreceipt whereof is hereby acknowledged, and other valuable considerations and benefits to the Contractor accming, do hereby waive, release and quit claim any and all liens, lien rights, claims actions, rights, remedies and demands of every kind whatsoever which the undersigned now has, or may hereafter have, against the Owner, Project and/or Property (whether Choate or inchoate, and including, without limitations, all mechanic's and materialman's liens under the laws of the State of Texas), on account of any materials or services famished and/or work and labor performed by Contractor or Contractor's employees in connecfion with the installation and construction of any improvements, fixtures, alterations, and/or additions on or about the Project and/or the Property through 02/11/2009 (date) (except as set forth in writing attached hereto) (hereinafter referred to as the "Cutoff Date"). The undersigned Contractor further states, acknowledges and affirms that as of the date hereof (1) all payments, exclusive of retainage, and sums due to all vendors, suppliers, subcontractors, employees of the undersigned for all services performed and materials and/or equipment famished as of the Cutoff Date, together will all applicable local, state or federal taxes or assessments payable by Contractor, have been paid; (2) all labor performed and materials supplied by the undersigned Contractor and Contractor's vendors, suppliers, subcontractors or employees on the Project were in accordance with the plans and specification; and (3) all labor was performed in a good and workmanlike manner For the funding of the loan proceeds used to pay for labor and material furnished by the Contractor, Contractor agrees that all mechanics' liens owed by Contractor aze subordinate and inferior to the Deed of Tmst lien held by the lender lending money for construction on the Property (the "Lender"). The undersigned Contractor further agrees to indemnify and hold Owner and the Lender harmless against all liability, cost, or expense, including attorneys' fees and court and other costs, from any claim or action by Contractor or any person claiming by, through, or under Contractor with respect to the representation and waivers in this Lien Waiver Affidavit [Interim]. The undersigned Contractor makes these representations with knowledge and awareness of Section 53.026 of the Texas Property Code, pertaining to sham contracts, false statements, and interdependent contractual relationships in constmction projects. " EXECUTED this23 day of +i.bru~~ , 2009 . Name of Contractor Company: Stonewa/ter Inc. By Authorized Representative: ~iy "~ r Printed Name: Thomas Shenoazd Title: WARNING: ff it is determined through monitoring that the on-s'ite support documentation of actual costs does not agree with the itemized invoice(s) subm'dted, the Contract Administrator will be subject to repayment of HOME funds. Contract Administrator may not request funds in excess of the actual amount expended for rehabilitation or reconstruction of the eligible home. Form 11.25 -Lien Waiver Affidavit [Interim] by Contractor Page 1 of 3 nnni+ n:___s... n.___.._... n._..._~ en_.. nnn~ Notary's Acknowledgement Before me, the undersigned authority, on this day personally appeared Thomas Sheppard ,who first being duly sworn by me to be the person whose name is subscribed to the foregoing Lien Waiver Affidavit by Contractor [Final], aclmowledged that he/she has the authority to make this Lien Waiver Affidavit by Contractor [Final], and further acknowledged to me that he/she executed the same for the purpose and considerntion therein expressed. GIVEN UNDER MY RAND AND SEAL OF OFFICE on this the 4:3day of fi(XUC~fz ta, , 2009. (Seal) Notary Pu is State of Texas ~} My commission expires [ '"! 2L ~ . ,,,.~;:,,'r,',,~w, AMY L. DUPQNT 3p: Notary Public, State of Texas ~;. MY Commission Expires '~~T:~` January 09. 2013 Form 11.25 -Lien Waiver Affidavit [Interim] by Contractor Page 2 of 3 Mozelle L. Goodwin 3516 24th Street Port Arthur, TX 77642 Lt 5 Blk 4 Ridgeway Abstract 055900 EXHIBIT "A" TDHCA - CDBG Disaster Recoverv Proeram Paee 3 of 3 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Epl1AL NG OPPC/2NNITY Progns Inspection Report Repay, Rehab~tation, Reeonstnetion, and Ne~v Coastrnc4on CHG . 7 : Contract Number G°' d f •G ~'F- LO ~~r7O3 H ~ ;Activity Number v~% ~ -v G/;ice i /l?OaDlf00 " h~ Activity Address ~ l '' '~ ~7~ o f YiF~c.€' ~ s 7 7~ 2 Inspeefioi Information Iaapeebor Name __,~ ~ ;~ l lo,e Draw # ~ Ins n # ~ Poacb i~t: I Fuel j Date i ~ ~~vL`7/~ Items Inspected: ^ Si6e ^ Foundation ^ Flat Work [Plumbing /~ ~~ ['Electrical [+~]' Framing Q- Doors & Windows ~.' Insulation ^ Exterior Surfaces [+]' Interior Surfaces [~]^ Roofing ^ Finish Carpentry ^ Cabinets ^ Flooring ' ^ Pamt ©Other. f_f£~£ 4ro/:mss S: drw Reportable Conditions: Reportable Conditions include but are not limited to: I) Any item that does not meet minimum applicable construction standards 2) Any item that does not meet approved specifications after repair or after completion 3) tiny item that is not completed as requested prior to request for payment Ittims to 6e Re-Inspected: Date of planned Re-Inspection: inspector's Certification I certify that I have inspected the work performed on the above-referenced address and that the work has bcen performed satislactori(y acrd in accordance with the minimum applicable construction codes, standards, specifications and m accordance with the Community Development Block Grant Disaster Recovery Program for Hurricane Rita. Sigaahae of Inspector D~ WARNING: Title 18, $ectiou 1001 of the U.S. Code states that a person 's godly of a felony for knowvrgty and willingly mating fa6e or fraudulent statements to any department of the United States Government Form 11.10 -Progress Inspection Report Page 1 of 1 CDBG Disaster Recovery Program May 2007 "EXHIBIT C-2" CITY OF PORT ARTHUR HOUSING ASSISTANCE DIVISION Community Development Block Grant Disaster Recovery Program CONTRACT FOR PROPERTY RECONSTRUCTION AT: 3516 24~' Street Port Arthur, Texas 77640 CONTRACT AMOUNT: $70,375.40 PAYMENT SCHEDULE : B DATE: ~~~~a-G'~ CONTRACT NO THIS CONTRACT made and entered into on this o?G~ NC day of /~-u_,yc.e-">~ , 2008, by and between Thomas W. Sheppard d.b.a Stonewater Inc hereinafter referred to as the "Contractor' and Laura Mozelle Goodwin hereinafter referred to as the "Owner". WITNESSETH: WHEREAS, the Owner desires to engage the Contractorto pertorm rehabilitation work on the premises, commonly known as 3516 24~h Street. Port Arthur Texas 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 Community Development Block Grant (CDBG) Disaster Recovery Program that is governed by Texas Department of Housing and Community Affairs, (TDHCA) 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 Community Development Block Grant (CDBG) Disaster Recovery Program 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: 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 rehabilitation 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 owner; 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 owner approval; and J. Initiating change orders as required; and K. Maintaining program records as required by TDHCA CDBG Disaster Recovery Program, 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 pertormed by the Contractor shall be completed in accordance with Conditions, Plans, and Specifications within 90 working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of 100.00 for each consecutive calendar day thereafter in excess of time provided. Notwithstanding the aforesaid, the Contractor is excused from the pertomtance time requirement if, during the progress of the work, delay is authorized in writing by the PAHAP. To obtain a delav, 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 (15t) 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 $70,375.40 forthe 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 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 far 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 includin a change orders. Retainage will be held in escrow by the PAHAP for a period not to exceed thi days after all work under this contract is completed unless all workmanship and materialspare notl satisfactorily completed and a rty (30) Contractor, PAHAP shall determ ne whether oAnotthe contractor has satisfactorily completed the work. If either materials or workmanship are not satisfactoreceiptofApplication For Payment from 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 equ'tab a dedu tioln frovm the Coractor amount, based solely upon the judgement of the PAHAP shall be made. ntract 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 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; s• Reasonable evidence that the work will not be completed within the adjusted contract time; or, 6 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. 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 orthe interpretation of the Contract Documents. The PAHAP's decisions shall be final. SECTION 16. Workmanship: The work provided hereunder by the Contractor shall b executed as directed by the official construction manual and plans and specifications eWork shall be pertormed 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'/ 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 surtaces 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. 8 SECTION 17. Defects After Completion: The Contractor shall guarantee the work performed far 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 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 9 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 PAHAP, he shall bear all costs arising thereof. 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 27. 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. 10 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 equipmentthat 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 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. 11 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 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 12 Contractor at: Thomas W. Sheppard Contractor's Name) P. O. Box 294 (Contractor's Address) Port Neches. TX 77651 (Contractor's Address) Same (Contractor's Permanent Address) SECTION 28. Assignment: The Contractor shall not assign the Contract without priorwritten 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). 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 Contractorwill 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 13 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 ofthe 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 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 14 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 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 property. IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of 15 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. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW. Signed the ~ day of ~ , 2008. \ ' Owner: Laura M elle Goodwin ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON ,~] Before me, the undersigned authority, on this day personally appeared nra //Iliz ~G ~aonQi~~; ~., 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 o~o~ day of 2008. "n*w;'~.,, ~ KIMBERLY REDMON r ' 2 Notary Pu61ic, State of Tezas Notary Seal ` °~'`s My Commission Expires 3~yr;;,~°~ Marcn 22.2009 ry,~,„~• Signed this ~~- day of /' ~S"-' otary Pu ,State of Texas 2008. ~~ Authorized Signature 16 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON -~}~ efore me, the undersigned authority, on this day personally appeared I i~aMas; h rr~ (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 of yllllll,,,, "•"•"•`;- KIMBERLY REDMON 3 e°. ~' Notary Puhlic, State of Texas ' My Commission Expires ''''•ii ~'„~~Ma Marcn 2z, 2009 Notary Seal Approved by: ~. City of Port rthur Beverly A. eeman Housing Programs Administrator STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT rBefore me, the undersigned authority, on this day personally appeared H . F6`22.fy~oaJ (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. a~nir'o'e•.., .KIMBERLY REDMON .; ga°' ~ ~~'•;^ Notary Puhlic, State of Texas ti ~`„ My Commission Expires ~el~„ Marcn 22, 2009 Notary P is -State of Texas Notary Seal °' 17 P. R. 14805 7/22/08 - CR/Housing RESOLUTION NUMBER ~ ~ -~3¢ A RESOLUTION APPROVING THE AWARD OF CONTRACTS FOR THE DEMOLTTION AND RECONSTRUCTION OF SIX (~ HOUSES TO THOMAS SHEPPARD, STONEWATER, INC., IN THE AMOUNT OF $440,499.86, ACCOUNT NUMBER 106-1425.571-59-00/RTTA02. WHEREAS, U.S. Departrnent of HUD approved the State of Texas' Action Plan for Disaster Recovery that describes the proposed use of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funding associated with the Department of Defense Appropriations Act, 2006 for disaster relief of unmet housing and infrastructure needs resulting from Hurricane Rita in the most impacted and distressed areas of Texas; and, WHEREAS, six (6) houses were ider~fied as needing to be reconstructed; and, WHEREAS, bids were opened on ]uly 9, 2008 with four (4) contractors responding, a copy of the bid tabulation is attached as Exhibit "A"; and, WHEREAS, pursuant to Section 252.043 of the Texas Local Government Code, Thomas Sheppard, d.b.a. Stonewater, Inc. was determined to be the lowest responsible bidder, which also provided both goods and services at the best value for the municipality. NOW THEREFORE, BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council autilgrizes the City manager to enter into a contract for the reconstruction of six (6) houses to Thomas Sheppard, d.b.a. Stonewater, Inc., pursuant to the Community Development Block Grant Disaster Recovery Program, upon the approval of the Texas Department of Housing and Community Affairs. THAT the Housing Programs Administrator of the City of Port Arthur, is hereby authorized to approve the award of the following six (6) contracts to Thomas Sheppard, d.b.a. Stonewater, Inc., in the amount of $440,499.86, (a copy of the bid tabulation is attached as hereto as Exhibit "A" and a copy of Bald contracts is attached as Exhibit "B" ). PR 14805.Aug.2008 ^~°^ ^l=--~- RecQVerv Recon~ ion Activities Stonewaber, Inc. Ola N 1Iw~ 11 20811 Street $70,375.40 537 E. 10°i Street $70,375.40 1429 Houston Ave $70,375.40 302614' Street $70,375.40 3516 24m Street $70,375.40 4817 Dryden Road $88,622.86 THAT the agreement with the homeowners are approved in substantially the same form as attadied hereto as Exhibits "C-1", "C-2 ; "C-3", "C-4", "C-5"and "C-6". THAT once the contrector commences construction on any particular house, it must be completed within ninety (90) working days. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. THAT the City Council approves the award of bids th Thomas Sheppard, d.b.a. Stonewater, Inc., and authorizes the City Manager to enter Into a contract for the demolition and reconstruction of six (6) houses pursuant to the Community Development Block Grant Disaster Recovery Program. ,~ ~yus~ READ, ADOPTED AND APPROVED this ~~ - day of .~', A.D., 2008 at a Regular Meeting of the Gty Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR ~~~~~s , _ „. PR 14805.Aug.2008 And; PROVED FOR AVAILABILITY OF FUNDS: CITY SECRETARY DIRECTOR OF FINANCE APPRO D FOR K]RM: //J. crnr arro ..~,h ~.l APPROVED FOR ADMINISTRATION: COLLEEN RUSSELL, DI GRANTS MANAGEMENT PLANNING & PR 14805.Aug.2008