HomeMy WebLinkAboutPR 15671: STONEWATER, INC. BID AWARD FOR THE HOME/CDBG RECONSTRUCTION PROGRAM
INTEROFFICE MEMORANDUM
HOUSING ASSISTANCE PROGRAMS
To: Steve Fitzgibbons, City Manager ~~A
From: Mike- Mason, Director of Housing/Neighborhood Revitalization ~ "t
Date: Monday, December2l, 2009
Re.• P.R. 15671
RECOMMENDATION:
I recommend City Council adopt Proposed Resolution 15671 to award bids and authorize
the execution of three contracts between the. Homeowner and'Stonewater, Inc. in the
amount of $211,142.14. The funds will be used for the. HOME/CDBG Reconstruction
Program to complete reconstruction of three properties.
BACKGROUND:
The City advertised in the Port Arthur News on November 8, 2009 and November 15, 2009
for the Reconstruction of three (3) houses.
There were six (6) bids received and opened on November 25, 2009 for the above
referenced contract and have been evaluated by the Housing Division staff and Purchasing
Manager.
As per Resolution No. 08-370 the City adopted the Housing Assistance Rehabilitation
Program Guidelines to assist in carrying out its mission to eliminate blight, provide decent,
safe, sanitary and affordable owner-occupied housing for low and moderate-income
persons/families.
BUDGETARY/FISCAL EFFECT: Funding will be provided by the City's 2005-2007CDBG/
HOME funds as follows:
Account # 105-1431-552.59-00 Project #C32115 $ 36,959.00
Account # 105-1431-552.59-00 Project #C33115 $154,700.14
Account # 108-2141-626.59-00 Project #HE0502 $ 9,872.00
Account# 108-2141-626.59-00 Project #HE0602 $ 9,611.00
$211,142.14
STAFFING/EMPLOYEE EFFECT: Housing Administration staff will be responsible for
administering the contract with Stonewater, Inc.
SUMMARY: I recommend City Council adopt Proposed Resolution 15671 to award bids
and authorize the execution of three contracts between the homeowner and Stonewater,
Inc. in the amount of $211,142.14.
P. R. 15671
12/21/09 - MM/Housing
RESOLUTION NUMBER
A RESOLUTION AWARDING BIDS AND AUTHORIZING
THE EXECUTION OF THREE (3) CONTRACTS TO STONEWATER, INC.
FOR THE RECONSTRUCTION OF THREE HOMES IN THE AMOUNT OF
$211,142.14 -ACCOUNT # 105-1431-552.59-00 Project #C32115;
ACCOUNT#105-1431-552.59-00 Project #C33115;
ACCOUNT#108-2141-626.59-00 Project #HE0502;
ACCOUNT# 108-2141-626.59-00 Project #HE0602
WHEREAS, 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. The City is obligated to provide owner-
occupied rehabilitation and reconstruction assistance to qualified homeowners; and,
WHEREAS, three dilapidated residences were identified as needing to be
reconstructed; and,
WHEREAS, the City advertised in the Port Arthur News on November 8, 2009
and November 15, 2009 for said services; and,
WHEREAS, six (6) bids were received and opened on November 25, 2009 for
the above referenced contract and have been evaluated by the Housing Division and the
Purchasing Manager; and,
WHEREAS, Pursuant to Resolution No. 08-370, the city adopted the Housing
Assistance Rehabilitation Program guidelines; and,
WHEREAS, Pursuant to the aforementioned Housing Assistance Rehabilitation
Program guidelines, the homeowner executes the City's Contract for reconstruction of their
homes, attached hereto as Exhibit "C-1", Exhibit "C-2" and Exhibit "C-3"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Council of the City of Port. Arthur hereby awards the bid for the
reconstruction of three (3) homes to the lowest responsible bidder to wit: Stonewater, Inc.
of Port Neches, Texas as shown on Exhibit "A", attached hereto and made a part hereof;
and,
P.R. 15671
Page 2
THAT the Housing Programs Administrator of the City of Port Arthur, is hereby
authorized to approve the award of the following three contracts to Thomas W. Sheppard,
d.b.a., Stonewater, Inc. in the amount of $211,142.14 for the proposal outlined herein and
further described in the attached contract marked EXHIBIT"B"; and,
THAT the agreement with the homeowners are approved in substantially the
same form as attached hereto as Exhibits "C-1, "C-2"and "C-3".
HOUSING RECONSTRUCTION ACTIVITIES
610 De Queen $69,923.38
2248 12~' Street $71,295.38
3915 26`h Street $69,923.38
THAT a copy of the caption of this Resolution be spread upon the minutes of
the City Council.
READ, ADOPTED AND APPROVED this _ day of
A.D., 2010 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following vote: AYES: MAYOR
COUNCILMEMBERS
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED FOR AVAILABILITY OF
FUNDS:
DIRECTOR OF FINANCE
P.R. 15671
Page 3
APPROVED TO FORM:
ACTING CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
MIKE. MASO ,DIRECTOR OF
HOUSING/NEIGHBORHOOD
REVITILAZATION
i '~ r
SHAWNA TUBBS
PURCHASING MANAGER
EXHIBIT ~~A"
City of
~ ~Texns
gg$IBIT "A"
CITY OF PORT ARTHUR TEXAS
Btd Tabulation
.HOUSING DEMOLITION/RECONSTRUCTION OE 3 HOUSES
Demolition Bid
Bid Opening Date: November 25, 2009
Page 1 of 1
EXHIBIT ~~B"
Exhibit °B"
CONTRACT FOR THE RECONSTRUCTION
OF ThIREE (3) PROPERTIES
CDBG & HOME Rehabilitation & Reconstruction Program
THIS AGREEMENT, made this day of , 2010, between the City of
Port Arthur, herein referenced to as the "CITY" and Thomas W Sheooard ,sole
proprietorship, herein acting by and through Stonewater Inc
hereinafter referenced to as ~~CONTRACTOR".
IN WITNESS WHEREOF, that for and in consideration of payments, terms and conditions
set forth herein, the City and the Contractor agree to the following:
1. The Contractor will provide demolition and reconstruction of the following three (3) houses:
610 De Queen $69,923.38
2248 12u' Street $71,295.38
3915 26`h Street $69,923.38
2. Contractor agrees to perform all the work described in the specifications and
contract documents and comply with the terms herein for the sum of $21 1,142.14.
3. The term "Contract Documents" means and includes the following:
(A) Agreement
(B) Advertisement for Bids
(C) Addendums 1
(D) General Information
(E) Specifications -due to the volume of the specifications for these Rehabilitation
Projects, the specs will be made available in the City Secretary's Office
(F) BID
(G) BID BOND
(H) NOTICE OF AWARD
(I) NOTICE TO PROCEED
4. During the term of this Contract, the Contractor will furnish, at his own expense, all of
the materials, supplies, tools equipment, labor, qualified supervision and other services
necessary for satisfactory completion of specifications and agreements.
5. The Contractor agrees to indemnify the City and hold harmless the City of Port Arthur
and its officers, agents, employees or assigns from any and all liability, including
claims, causes of action, and damages to property arising out of or in connection with
the work done by the Contractor under terms of this contract.
6. The term of this Contract shall be from to
Contractor agrees that four(4) houses must be completed
within sixty days of the start.
7. It is expressly understood that, the Contractor waives any and all claims against the
City of Porf Arthur, its agents, employees and assigns for any charges to the
contractor, or damages caused by the contractor or to any party arising out of this
contract.
8. IN WITNESS WHEREOF, parties hereto have executed or caused to be executed this
agreement in duplicate originals.
Signed and agreed to on the day of , 2010.
City of Porf Arthur CONTRACTOR
Signature
Signature
Printed Name Printed Name
Title
Title
CITY OF PORT ARTHUR
ADVERTISEMENT FOR BIDS
Housing
Demolition/Reconstruction ofThree (3) Houses
November I5, 2009
November 8, 2009
CITY OF PORT ARTHUR, TEXAS
ADDENDUM NO.ONE (1)
DATE: NOVEMBER 19, 20D9
HOUSING DEPARTMENT
Bid Proposal For: Demolition/Reconstruction of three (3) houses
The following clarifications, amendments, deletions, additions, revision and/or
modifications are made a part of the contract documents and change the original
documents only in the manner and to the extent hereinafter stated and shall be
incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original
contract documents and all BIDDERS ARE REQUESTED TO ACKi~iOR'LEDGE
SAID PROVISIONS IN THE SUBMISSION OF THEIR BID.
1. Due to an error on our part, pages 3-6 were not scanned & were not included in
the pdf file on the City's website.
2. The City of Port Arthur will have another Mandatory Pre-bid meeting on Friday,
November 20; 2009 at 11:00 a.m. in the City Hall ~cn Floor Conference Room.
3. Contractors that attended the fast Pre-bid meeting do not hate to attend this
meeting.
4. Attached is the correct bid package, 11.17 form, and State construction
requirements.
If you have any questions, please contact the Purchasing Division at 409-983-
8160.
' 1 ~.~`
L~t-!% L ~ •C
Shawna Tubbs; Purc asing Manager
Pagelofl
CITY OF PORT ARTHUR
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor famish the
City of Port Arthur the required information specified in Bid or Proposal Specifications
listed in this Bid Package.
The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to
prepaze SEALED BIDS IN DUPLICATE for furnishing:
DEMOLITION AND RECONSTRUCTION OF THREE (3) HOUSES
Bids must be in a sealed envelope addressed to the City Secretary,. City of Port Arthur, P.O. Box
I089, Port Arthur, Texas 77641. Bids shall be received no later than Wednesday. November
25,.2009 at 3:00 P.M.. -Bids received after the closing- time specified will be returned to the
bidder unopened and claims of mail delays will not constitute an exception. Bid proposal MUST
BE SIGNED BY BIDDER.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS
TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS,
SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The
absence of such a list shall indicate that the bidder has not taken exceptions and the City shall
hold the bidder responsible to perform in strict accordance with the- specifications of the
invitation. The City reserves the right. to accept .any and all or none of the
exception(s)Isubstitutions(s) deemed to be in the best interest of the City of Port Arthur.
Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or
erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity..
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in
its best interest.
2. Awazd bids on the lump sum or unit price basis, whichever is in the best
interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept
such bids as it shall deem to be in the best interests of the City.
4. Avvazd bids to bidders whose principal place of business is in the City of Port
Arthur and whose bid is within 5% of the lowest bid price.
The awazd shall be made to the responsible vendor(s) whose bid is determined to be lowest offer,
taking into consideration the relative importance of price, conformance to specifications and
capability and experience of the contractor.
Page 5 of 19
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and
Proposal" shall be equivalent.
Bidders are cautioned to read the information contained in this ITB cazefully and to submit a
complete response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in
accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C,
Chapter 171:
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any
business arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS:. A
prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder
must meet the following requirements:
I . Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or
warranty service required.
6. The City Council shall not awazd a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public moneys under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing
Manager. Addenda will be mailed to all who are known to -have received a copy of the ITB.
Offeror's shall acknowledge receipt of all addenda.
BONA FIDE BUSINESS rrr~- <.Lf111~10 =__+~ `---- -- -
PRINCIPAL PLACE OF BUSINESS: The official business address (office location and office
personnel) shall be a Port Arthur address, the principal storage place or facility for the equipment
shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in
Port Arthur or such other definition or interpretation as is provided by state law.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit
price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
Page 6 of 19
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Housing, P.
O. Box 1089, Port Arthur, Texas 77641
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of
the goods or services by the City of Port Arthur.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,
ordinances, rules, orders, regulations and codes of the federal, state and local governments
relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no
other officer, employee or agent of the City who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to
assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances
prohibits the City from granting any license, privilege- or paying money to any-one owing
delinquent taxes, paving assessments or any money to the City until such debts are paid or until
satisfactory arrangements for payment has been made. Bidders must complete and sign the
AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically
understood and agreed that these quantities are approximate and any additional quantities will be
paid for at the quoted price. It is further understood that the contractor shall not have any claim
against the City of Port Arthur for quantities less than the estimated amount.
All bids will remain in effect for one year.
SHIPPING INFORMATION: All bids aze to be F.O.B., City of Port Arthur, Port Arthur,
Texas 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted mto the Contract shall be deemed to be enacted herein and the
Contract shall be read and enforced as though each were included herein. If, through mistake or
otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be
amended to make such insertion on application by either party.
Page 7 of 19
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike
manner, perform all work and famish all supplies and materials, machinery, equipment, facilities
and means, except as herein otherwise expressly specified, necessary or proper to perform and
complete all ,the work iequired by this Contract, in accordance with the provisions of this
Contract and said specifications.
The appazent silence of these specifications as to any detail or to the apparent omission from it of
a detailed description concerning any point shall be regarded as meaning that only the best
commercial practices aze to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of
capability, performance, construction, and other details, its use is not intended to deprive the City
of Port Arthur the option of selecting goods which may be considered more suitable for the
purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination of
the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the Bounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate
any of the covenants, agreements or stipulations of this contract, the City shall thereupon have
the right to terminate this contract by giving written notice to the Contractor of such termination
and specifying the effective date thereof, at least fifteen (15) days before the effective date of
such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to
the City for damages sustained by the City by virtue of any breach of the contract by the
Contractor, and the City may withhold any payments to the Contractor for the. purpose of set-off
until such time as the exact amount of damages due the City from the Contractoris determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
suing at least thirty (30) days notice in writing to the Contractor.. If the Contract is terminated
by the City as provided herein, the Contractor will be paid for the service that. it has performed
up to the termination date. If this contract is terminated due to fault of the Contractor, the
previous pazagraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require
the Contractor to furnish releases or receipts for any or all persons performing work and
supplying material or service to the Contractor, or any sub-contractors for work under this
contract, if this is deemed necessary to protect its interests.
Page S of 19
CARE OF WORK: The Contractor shall be responsible for all damages to person or property
that occurs as a result of his fault or negligence in connection with the-work performed until
completion and final acceptance by the City.
SUB-CONTRACTS: 'The Contractor shalLnot execute an agreement with any sub-contractor
or permit any sub-contractor to perform any work included in this Contract until he has received
from the City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the
State of Texas, unless. otherwise permitted by Owner.. The Contract shall, at his own expense,
purchase, maintain and keep in force insurance that will protect against injury and/or damages
which may arise out of or result from operations under this contract, whether the operations be
by himself or by any subcontractor or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts any of them may be liable, of the following types and limits:
I. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person/$500,000 per occurrence for contracts of $100,000 or less; or bodily
injury $1,000,000 single limit per occurrence or $500,000 each person
/$1,000,000 per occurrence for contracts in excess of $100,000; and,
b. Property Damage $100,000 per occurrence regazdless of contract amount; and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000
or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in
excess of $100,000.
2. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000
or less; or, minimum aggregate policy year limit of $2,000,000 for contracts in
excess of $100,000.
b. If individual limits aze provided, minimum limits are $300,000 per person,
$500,000 per .occurrence for bodily injury and $100,000 per occurrence for
property damage.
Contractor shall cause Contractors insurance company or insurance agent to fill in all
information required (including names of insurance agency, contractor and insurance companies,
and policy numbers, effective dates and expiration dates) and to date and sign and do all other
things necessary to complete and make into valid certificates of insurance and. pertaining to the
Page 9 of 19
above listed items, and before commencing any of the work and within the time otherwise
specified,. Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any
respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form
should contain a provision that coverage afforded under the policies will not be altered, modified
or canceled unless at ]east fifteen (1 S) days prior written notice has been given to the City of Port
Arthur. Contractor shall also file with the City of Port Arthur. valid CERTIFICATE OF
INSURANCE on like form from or for ali Subcontractors and showing the Subcontractor (s) as
the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be
filed with the City of Port Arthur not more than ten (10) days after execution of this Contract..
BID SECURITY AND LIQUIDATED DAMAGES: Bids shall be accompanied by a bid.
guarantee of not less than five percent (5%) of the amount of the total bid which shall. be a
Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid
bond with corporate surety authorized to conduct business in Texas. Said security shall be
submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid
within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the
bidder will enter into a formal Contract with the- OWNER, famish bonds and insurance as may
be required and commence work at the specified time, and that in the event of the withdrawal of
said bid within said period, or the failure to enter into said Contract, furnish said bonds and
insurance and commence work within the time specified, the Bidder shall be liable to the
OWNER for the difference between the amount specified in the bid in the amount for which the
OWNER may otherwise procure the required work.. Checks of all except the three lowest
responsible Bidders will be returned when award is made; when the Contract is executed, the .
checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder
be returned when formal Contract, bonds and insurance are approved, and work has commenced
within the time specified.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code
Section 2-282. Bonds. If the contract exceeds fifty thousand dollazs ($50,000) a payment bond is
required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is
required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount
of one hundred percent (100%) of the contract price with corporate surety duly authorized to do
business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a
certified and effective date copy of their Power of Attorney.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the
execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed
cannot be issued within such period, the time may be extended by mutual agreement between
OWNER and CONTRACTOR.
avaLable Monday through Fnday from 8:00 a.m. tou5 00 p maso that t e City willeberable to
contact the contractor.
Page 10 of 19
SPECIFICATIONS FOR DEMOLITION & RECONSTRUCTION
OF HOUSING UNITS
CDBG/HOME RECONSTRUCTION PROGRAM
Provide site clearance at the following three (3) locations:
1. 610 De Queen Boulevard
a. Remove four (4) trees (1-medium tree, next to the fence; 3-small trees in front).
2. 2248 E. 12`h Street
a. Cut 3 large trees and 1-medium tree at the rear of the property (west side).
b. Trim trees on the east side of the house (1 pecan tree and 1 oak tree).
c. Clean-up all under brushes in front of the house.
3. 391526`e Street
a. Trim two (2) large tree limbs over driveway. .
b. Remove 1350 S.F. of concrete driveway.
c. Remove one (1) medium-sized tree (next to house).
Provide demolition of housing units at the following locations:
1. 610 De Queen Boulevard
2. 2248 E. 12"' Street
3. 3915 26`h Street
Provide reconstruction of the following locations:
1. 610 De Queen Boulevard
2. 2248 E. I2`6 Street
3. 3915 26`h Street
Below is the minimum square foot requirement:
2 bedrooms - 1 bath - 1100 sq ft
Page 11 of 19
Requirements:
• Submit house plan designs & elevations with sealed bids with 10' ceiling in living
area;
• Contractors must provide their own Windstorm Engineer. House plan designs
must be engineered with Windstorm Certification on Roof & Structure;
• Elevation report from alicensed surveyor must be submitted with all plans;
• Units must comply with International Residential Code (IRC), International Code,
National Energy Code (NEC) with windstorm provisions, Federal,. State & Local
Codes, whichever is more stringent;
• All windows Must Be Low-E High Impact Pressure Resistant; NO
EXCEPTIONS;
• Install Bass;
• Install gutters;
• Install sidewalks, driveway, 10 x 35 parking pad, handicap exterior railings;
• Must be a minimum of 50% Energy Efficient according. to the Energy Specs on
page 14;
• Provide security cage for A/C exterior unit to protect from theft (i.e. metal box
cage, etc);
Any security or safety measures regarding un-foreseen humcane, windstorm, etc.,
are required to be included in the bid, only if applicable;
• Construction plans must include details sufficient to complete the activity and
also details of all accessibility features;
• REScheck Certification must be provided;
(REScheck procedure available at www energycodes gov/rescheckn
• Bidders must submit the attached Form l 1.17 with bid;
• Liquidated damages will be $100/per day;
Page 12 of 19
SPECIFIC REQUIREMENTS BY LOCATION:
610 DeOueen Blvd
I. Remove and replace 255 S.F. of concrete sidewalk.
2. Remove and replace both gates.
3. Include detailed scope of work along with the form 11.17 -Work Write-up/Costs
Estimates, house plans and elevations.
4. Windows MUST BE Low-E High Impact Pressure resistant. NO EXCEPTIONS.
224812T" Street
1. Install one piece handicapped accessible shower with detachable shower head.
2. Delete tub/shower combination.
3. Remove and replace approximately 120 L.F. of 4' chain fence.
4. Install reinforce concrete pipe that is applicable for proper drainage, with proper grade
and slope. Contractor must contact the Public Works Department, Rawetts Baaheth at
(409) 983-8184 for inspection prior to placement of concrete pipe and driveway.
5. Install rock (gavel) aggregated along the driveway boundaries.
6. Include detailed scope of work along with the form 11.17 -Work Write-up/Costs
Estimates, house plans and elevations.
7. Windows MUST BE Low-E High Impact Pressure resistant. NO EXCEPTIONS.
3916 26T" Street
1. Install one (1) piece handicapped accessible shower with detachable shower head.
2. Delete tub/shower combination.
3. Include detailed scope of work along with the form 11.17 -Work Write-Up/Costs
Estimates, house plans and elevations.
4: Windows MUST BE Low-E High Impact Pressure resistant. NO EXCEPTIONS.
Page 13 of 19
NOTE: Demolition cost, site clearance costs, and reconstruction cost must be listed
separately and will be awarded separately.
Energy efficient features must be included in the design of the. homes.
The various home designs and construction features are to be used to control moisture, chemical
exposure, radon, pests, ventilation, and filtration. These features are designed to help protect the
homes from mold, chemicals, combustion gases, and other airborne pollutants.
The homes are required to be a minimum of 50% energy efficient using the features listed:
• OSB sheathing used on the exterior of the wall framing and roof decking,. this material is
made up of wood chips being recycled and used to make a 4' x 8' sheet.
• 24" overhang on roof eaves to maximize shading on windows.
• Vinyl frame windows, double paned, with Low-E glass, minimizing heaUcold
conductivity.
• Fiberglass exterior doors.
• "California" tees and comers to allow more wall insulation.
• Water heater with insulated jacket and timer.
• Energy Star ceiling fans in living room and all bedrooms.
• Energy efficient light fixtures -fluorescent pin fixtures.
• Energy efficient appliances.
• Solaz panel (photovoltaic) array, net metering-tied to grid. (Size to be determined;
estimated to be 3KW).
• Carpet manufactured from 100% recycled materials.
• Low-VOC paint.
• Cabinets manufactured using HDF (High Density Fiberboard) with low-VOC finishes..
• Interior trim (baseboards, moldings, etc.) using MDF (medium density fberboad), not
solid wood, with metal closet rods.
• Low-flow water faucets.
Page 14 of 19
• Cement siding.
• Low-maintenance clay brick installed only on the front exterior of the house.
Page 15 of 19
i
CITY OF PORT ARTHUR, TEXAS
'BID PROPOSAL
November 25.2009
Bid Proposal for HOUSING DEMOLITION/RECONSTRUCTION OF 3 HOUSES
The undersigned ~/~~ "' W'r~`l'F"f ~~"'`''°'~r 1"` d~F jc,;,_1Y.:rg~is J^~ whose principal
place of business is ~ ~ y G' °55~ ~°' i ~ t c,~`s 'fi'r ,submits herewith, inconformity
with the General Instructions, Conditions, and Specifications for the following Bid:
LOCATION DEMOLITION
RECONSTRUCTION STTE CLEARANCE
COST COST
610DeQueenBlvd $ ~~eL `` $ ~~ ~~3 j~ $ ~ iD~•~0
2248 E. 12rh Street $ ~° `~ ~'" ~ ~ $ 7 ~ •L ~ S" S ~ $ ~O o~ . o d
5 E. 26`~ Street ~ $ r~prin. oa
Receipt of addenda is acknowledged:
No. 1 Dated ~Ja~. ~ q ~,o'S'
Received nJ^-~• 1 ~ {~ a"°4
WORK W1LL BE COMPLETED IN ~~~ CALENDAR DAYS FOR EACH
LOCATION.
.f Ln~ 1.+~.~
COMPANY NAME ~^ ~ ""~`~
~~~~
SIGNATURE OF BIDDER
(PRIN'T OR TYPE NAME)
TITLE
EMAIL
41`-1 G.,~~sb;
STREET ADDRESS
~4~1
P.O: BOX
p, hl~.~~s Tk ~ ~ ~ s 1
CITY -STATE ZIP
y~9 ~~.~-c~r37
AREA CODE TELEPHONE NO.
Page 16 of 19
CONTINUATION CERTIFICATE
(For Use On Surety Bonds}
STATE. FARM FIRE AND CASUALTY COMPAtVY
BLOOMINGTON, ILLINOIS
The STATE FARM FIRE AND CASUALTY COMPANY thereinafter ca{led the Companyl hereby
continues in force its Bond No. 90-CT-3629-6 in the sum of Dollars ($
FIVE THOUSAND DOLLARS AND NO CENT
5.000.90 ).
on behalf of STONEWATER INC
.,
in favor of CITY OF PORT ARTNUP
for the (extended) term, subject to all the convenants and conditions of said Bond,
beginning on JANUARY 29, 2010
and ending on JANUARY 29. 20t'
This Continuation is executed upon the express condition that the Company's liability under said
L-'ond and this and alf continuations thereof shall not be cumulative and shalt in no event exceed the
sum stated above:
IN WITNESS WHEREOF, the Company has caused this instrument to be signed by its office_
proper for the purpose and its corporate seal to be hereto affixed DECEMBER 15, 2009
Q?~E ~.oG~l.
STATE FARM FIRE AND CASUALTY COMPANY
(Surety)
y. `OP POfli1 TC1.0
P:
~tiCT0,1.~~
By. ~~~ ~~, ~ISEAL)
Attorney-in-Fa
F8-9065.3 5 08-17-2005
RANDY FONTENOT 6749 53 TR (F016]61
Power of Attorney.
STATE FARM FIRE AND CASUALTY COMPANY
KNEW ALL PERSONS 8Y TiiESE PRESENTS: That STATE FARM FIRE AND CASUALTY COMPANY. an Illinois Corporation, with its
principal office in Bloomington, Illinois, tloes hereby constitute and appoint Eugina Brant Christine Cameron, Ceola Campbell,
Pamela Chancellor. Christine M. Chenoweth, Julie Fehrman. Mark Fink, Julie Freed, Matthew J. Gibbons, John Gibson, John R.
Horton. Cynthia Johnson, Susan K- Johnson, Amarida Kaufman. Julia Klinzing,. Connie S. Knox. G.F- Krawcyk, Christine Macdonnell,
Lori McDowell, Melissa L Morris, Donna K. O'Crowly, Amy C. Ogan, James Platt Vicki Redman, Leann Rees, Linda Rieck, Suzanne
M. Robertson, Rebetca. F. Robinson, Lucinda K. Samford, Aliee -Schuler, Mary Sieg'I o syits Vueotand lawfusA[torney(sla~nRFact,lto
Sara. L. Tackett, Perry Tracy. Susan M. Wagoner, Karen.Weber, of Bloomington,
make, execute, seal and deliver for, and on its behalf zs Surety, any and alf bonds. undertakings or other writings obligatory in
the nature of a bond as follows:
Any such obligation in any amount
This appointment is made under and by the authority of a resolution which was passed by the Executive Committee of the
0oard of Directors of State Fxm Fire and Casualty Company on the 24th day of July, 1974, as is duty authorized by the Board of
Directors in Article II, Section 6 of the By-Laws of the Company, which resolution is:
Resolved. Thal the Executive Vice-president or aVice-President of the Company is hereby authorized to appoint.tand empower
any representative of the Company or other person or persons ~as Attorney-in-Fact to execute on behalf of the Company any
bonds, undertakings, policies, contracts of indemnity or other writings obligatory in the nature of a bond, which the Company might
execute through its duly elected officers, and affix the. seal of the Company thereto. Any said execution of such documents 'by' an
Attorney-in-Fact shall be as binding upon the Company as if they had beenbeulremoved fora good kcauseedand the tauthor9ylaslo
elected officers of the Company. Any Attorney-in-Fact, so appointed, may .
granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the Executive Vice-President or any Vice-President and the seal of the Company may be
affixed by facsimile on any Go'rver df attorney granted, and the signature of the Secretary, Vice-President or Assistant Secretary,
and Me seal of the Company .may be affixed by facsimile to any-certificate of any sAn such rpoweransosexe cted andf sealed sand
bearing such facsimile signature and seal shall be valid and binding on the Company. Y
certificate so executed and sealed shall, wish respect to any bond or undertaking to which it is attached, continue to be valid and
binding. on the Company.
IN WITNESS THEREOF. STATE FARM FIRE AND CASUALTY COMPANY has caused this instrument to be signed. by its
Vice-PresldenL and its Corporate Seal to be affixed this 21st day of June. 2007.
This APPOINTMENT SHALL CEASE AND TERMINATE AU70MATICALLY AS OF DECEMBER 31, 2010. UNLESS SOONER REVOKED
AS PROVIDED.
Q~npnabtwr` STATE FARM FIRE AND CASUALTY COMPANY
~~• .,
n: :i B
6ELL Y: _ ___._.
~eb; ,-aq. Vice-President.
9j'NCion ~~
STATE OF ILLINOIS ~ -
COUNTY OF McLEAN
On this 21st day of June 2007, before me personally came William K. King to me known, who being duly sworn, did depose
and say that he is Vice-President of STATE FARM FIRE AND CASUALTY COMPANY. the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument in such
Corporate Seal; and that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of
Said Wrp Oratldn-
"OFFICIAL SEAL"
Christine M. Chenoweth
Notary Public, Slate of Illinois
- My Commission Expires APR 20, 201 1 -
~~ ~ ~~~
Notary Public -
My commission expires Aprii 20. 2011
CERTIFICATE
I, the undersigned Vice-President of STATE FARM FIRE AND CASUALTY COMPANY, do hereby certify that the original Power
of Attorney of which the foregoing is a Vue and correct copy, is in lull force and effect and has not been revoked and the.
resolutions as set forth are now in force-
DECEMBER, 2009.
Signed and sealed at Bloomington, Illinois. Dated this ~ 5 day of ____
Fs,......., Wt
i,,,m cis __
~`
J`~p POA brf :~
t~ __- :~
~'t, e>sl'ki r~ Vice-Pr ident
°o'• .. ..
~'
VOrGTOa ~V`
It you have a question concerting the validity of this Power of Attorney. call (3091 766-2090.
FR6-9043 S-2 Rev. a7-02-20x7 (FOP60Ci
EXHIBITS °G1", °G2"
&,~~_3„
"EXHIBIT C-1"
CITY OF PORT ARTHUR HOUSING ASSISTANCE DIVISION
CONTRACT FOR PROPERTY RECONSTRUCTION AT:
Port Arthur. Texas 77640
610 De Queen Boulevard
CONTRACT AMOUNT: $69,923.38
PAYMENT SCHEDULE : B
DATE:
CONTRACT NO
THIS CONTRACT made and entered into on this day of , 2010,
by and between Thomas W. Sheppard d.b.a Stonewater, Inc. hereinafter. referred to as the
"Contractor" and Raul Ortiz ,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 610 De Queen 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 Porf
Arthur Housing Assistance Programs.
1
.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 recoristruction activities set forth in this contracYand
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 parthereof 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 grid 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 forprogress 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
orderto 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 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 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 forthe acts and
omissions of his subcontractors and of persons either directly orindirectly 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 (151) 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 $69 923.38 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 (112) 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 G 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 besubmitted-within 15 days following fhe end of the period
covered by the Application ForPayment. Ninety-Percent (90%) payment may be made.forthaYportion
requested in the Application For Payment, provided the amount requested-isproperly allocable to the.
work completed during the period covered. Application For Paymeht shall state the original contract
amount, plus any authorized change order amounts, less the aggregate of previous paymerits. 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 percerit (10%) of the total contracf
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.
satisfactorilycompleted and approved by the PAHAP. Upon receiptof 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 accordahce with the Contract
Documents, and that the Contractor. is entitled to payment in the amount certified.
SECTION 11: The PAHAP may decline to certifypaymeht arid. 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 amouht, 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,ahe Owner shall authorize
payment in the manner ahd within the time provided ih the Cortract Documents.:
SECTION 13. If the Owner should fail to authorize paymeht 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 '/= of 1 per
7
centum lead weight (calculated of 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 orily 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
tothe-Owner.- Where repair andlor 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 adjacentwork in design and dimension. Such repairs or replacementshall 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 of his expense within (10) vvorking days. afterreceipt 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 shalt be facilitated by the Cohtractor 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 conseht 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, ifthe 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 forin 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 vvork shall be performed in conformance wifh
applicable IocaF 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. ahy 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 tegulations;
without limitation, the CONTRACTOR shall assume full .contributions imposed or required underthe
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: Ih case 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, ih 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 Contractorand 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 (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 applicarit for employment
because of race, color, religioh, sex ornational origin. The Contractor will take affirmative.
actioh to ensure that applicants are- employed and that employees are treated during
employment without regard to their race, color, religion, senor national origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion or
transfer; recruitmeht 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
6: In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this Contract orwith anyof the said.rules, regulations of orders, this Cohtract 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 iri. 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
Signed the day of
2010.
Owner: Raul Ortiz
STATE OF TEXAS
KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.
ACKNOWLEDGEMENT
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
2010.
Notary Public, State of Texas
Notary Seal
15
Signed this day of
2010.
Thomas W. Sheppard, d.b.a.,
Stonewater, Inc.
Authorized Signature
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Before me, the undersigned authority, on this day personally appeared
(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 grid consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2010.
Notary Public -State of Texas
Notary Seal
Approved by:
City ofi Port Arthur
.Beverly A. Freeman
Housing Programs Administrator
16
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Before me, the undersigned authority, on this day personally appeared
(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
2010.
Notary Public -State of Texas
Notary Seal
17
"EXHIBIT C-2"
CITY OF PORT ARTHUR HOUSING ASSISTANCE DIVISION
CONTRACT FOR PROPERTY RECONSTRUCTION AT:
Port Arthur, Texas 77640
2248 E. 12t" Street
CONTRACT AMOUNT: $71,295.38
PAYMENT SCHEDULE : B
DATE:
CONTRACT NO
THIS CONTRACT made and entered into on this day of , 2010,
by and between Thomas W Sheppard d b.a Stonewater. Inc. hereinafter referred to as the
"Contractor" and Lee Alma Watkins ,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 2248 E. 12th 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.
1
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 thatthe 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 contracYdocuments 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 contractfor certifications needed for progress and filial
payments; and
I. Authorizing of payment to contractor following City inspection and homeowner approval; and
J. Initiating change orders as required; and
K. Maintairiing 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
orderto 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 90 working
days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of 1$ 00.00 for
each consecutive calendar day thereafter in excess of time provided. Notwithstaridingthe 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 (15`) 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 $71,295.38 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 (112) 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 forcompleted 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
amouht, 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 thatadditional
corrections, defects in work, or unsettled claims warrant retaining an;amount in excess of ten percent
(10%).
NOTE: Contract Retainage Payment: Ten percent (t0%) 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 Paymentfrom
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 orthe
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 andlor 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 forin 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 thatthe 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 bearthe 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 oremployees 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 fight 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
unezecuted 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. Cohtract 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'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, senor 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
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 ororders, 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, ororders 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 ehter 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
19
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
maihtenance 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
Signed the day of
KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.
2010:
Owner: Lee Alma Watkiris
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGEMENT
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
2010.
Notary Public,. State of Texas
Notary Seal
15
Signed this day of , 2010.
Thomas W. Sheppard, d.b.a.,
Stonewater, Inc.
Authorized Signature
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared
(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
2010.
Notary Public -State of Texas
Notary Seal
Approved by:
City of Port Arthur
Beverly A. Freeman
Housing Programs Administrator
16
ACKNOVVCEDGMENT
STATE. OF TEXAS
COUNTY OF JEFFERSON
Before me, the undersigned authority, on this day personally appeared
(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 forthe purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
2010.
Notary Seal
Notary Public -State of Texas
17
"EXHIBIT C-3"
CITY OF PORT ARTHUR HOUSING ASSISTANCE DIVISION
CONTRACT FOR PROPERTY RECONSTRUCTION AT:
Port Arthur, Texas 77640
3915 E. 26th Street
CONTRACT AMOUNT: $69,923.38
PAYMENT SCHEDULE : B
DATE:
CONTRACT NO
THIS CONTRACT made and entered into on this day of
2010,
by and between Thomas W. Sheppard d b a Stonewater Inc hereinafter referred to as the
"Contractor" and Ester Sanders 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 3915 26`h 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.
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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 acknovvledges 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.
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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 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 performance 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 (15') 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.
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SECTION 6. Waiver and Liens: The Contractor shall submit to the OwneranAffidavit of all bills paid
prior fo final payment of the consideration set forth hereafter.
-SECTION. 7. Compensation: The Owner agrees to compensate the Contractor $69.923.38 for the
services, labor, superiritendence 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%) ofitotal 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 maybe 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
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month. Said Application For Payment must be submitted within 1_5 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
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 oranother 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.
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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 '/ of 1 per
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centum lead weight (calculated at lead metal) in the total nonvolatile contentof 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, shalt 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
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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 bearthe cosfthereof. 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 ownerdesires 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 thafthe 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 pertorms work contrary to such laws, ordinances, and without notice from the
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PAHAP, he shall bear all costs arising therefrom. All work shall 6e 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 ihjuries, 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. Ownerwill cooperate with the
Cohtractor 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
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Port Arthur, its officers, agents and employees for any damages concerning the undertaking and
execution of this Contracf. 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
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notice, maybe 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 Contracf 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 (ContractorsAddress)
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 6y 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).
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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, senor 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 ofthe Contractor's commitmentundertMs 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, orpursuant thereto, and will
permit access to his books, records, and accounts by the Department and the Secretary of
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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 maybe
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 subcontractor
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
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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
2010
Uwner: Ester Sanders
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
2010.
Notary Seal
Notary Public, State of Texas
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Signed this
of
2010.
Thomas W. Sheppard, d.b.a.,
S4onewater, Inc.
Authorized Signature
STATE. OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared
(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
Notary Seal
Approved by:
2010.
Notary Public -State of Texas
amity or rortArthur
Beverly A. Freeman
Housing. Programs Administrator
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ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Before me, the undersigned authority, on this day personally appeared
(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
2010.
Notary Seal
Notary Public -State of Texas
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