HomeMy WebLinkAboutMINUTES - 08121997 - C106 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TU BOARD OF COMMISSIONERS
FROM: Richard J. Martinez, Executive Director
DATE: August 12, 1997
SUBJECT: RESOLUTION NO.4016-APPROVING AN AGREEMENT TO ENTER HOUSING ASSISTANCE
PAYMENTS CONTRACT FOR PROJECT NO. CAO 11 SR0005—SECTION 8 MODERATE REHABILITATION
PROGRAM FOR SINGLE ROOM OCCUPANCY DWELLINGS FOR HOMELESS INDIVIDUALS AND
AUTHORIZING EXECUTION.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
L RECOMMENDED ACTION:
ADOPT Board Resolution No. 4016 APPROVING an Agreement to Enter Housing Assistance Payments Contract
(Agreement)between the Housing Authority of the County of Contra Costa(Authority)and the Idaho Apartments Associates,a
California Limited Partnership, for Project No. CAO 11 SR0005 - Section 8 Moderate Rehabilitation Program for Single Room
Occupancy Dwellings for Homeless Individuals for the Idaho Apartments and AUTHORIZING the Executive Director of the Housing
Authority of the County of Contra Costa to execute the Agreement.
11. FINANCIAL IMPACT:
Section 8 Moderate Rehabilitation Program for Single Room Occupancy for Homeless Individuals contract authority in the
amount of$171,564 and budget authority in the amount of$1,715,640 has been obligated for this project. The term of the budget
authority is 11 years.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The Authority has been working with Rubicon Programs, Inc.,and the Owner,the Idaho Apartments Associates,to assist in
the rehabilitation and conversion of the Idaho Apartments, located at 10203 San Pablo Avenue in El Cerrito,CA,to a complex with
Single Room Occupancy(SRO)units available to homeless individuals who participate in the Rubicon Program. The Authority will
administer the Section 8 certificates that will be made available for this development.
Upon approval of Board Resolution No.4015,the Authority will be authorized to enter into Annual Contributions Contract
(ACC)No. SF-468 with the United States of America("Government"),for Project CAO 1 I SR0005,the Idaho Apartments. The ACC
defines the U.S. Department of Housing and Urban Development's(HUD)and the Authority's roles in administering the Section 8
Certificates for the project. Once the Government executes the ACC, the Authority needs to enter into the Agreement with the Owner
in order for the Owner to begin the rehabilitation of the project. The Owner agrees to rehabilitate the dwelling units for occupancy by
homeless individuals in accordance with the Agreement. The Authority will monitor the rehabilitation work during construction.
Upon completion of the rehabilitation,the Owner and the Authority will enter into a Housing Assistance Payments(HAP)
Contract. The Authority will make housing assistance payments to the Owner for units under lease by homeless individuals who are
eligible for assistance under this program and become tenants of the development. The Authority received contract authority for
dwelling rents and administrative fees for these dwelling units for a period of 11 years including one year for the rehabilitation work.
b
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect to not to adopt Resolution No.4016,the Idaho Apartments Associates would be
unable to rehabilitate and convert the Idaho Apartments into single room occupancy units for homeless individuals,and the Authority
would be unable to provide the Section 8 certificates for those units under lease, in this program.
CONTINUED ON ATTACHMENT: _YES SIGNATURE mP
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - I ' APPROVED AS RECOMMENDED_�OTHER
VOTE OF COMMISSIONERS J
/UNANIMOUS
I HEREBY CERTIFY THAT THIS IS A TRUE AND
✓ UNANIMOUS (ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: COMMISSIONERS ON THE DATE SHOWN.
ATTESTED01A-�� I a)k 0l01 7
PHIL BATCHELOR,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY DEPUTY
TUE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO.4016
RESOLUTION APPROVING AN AGREEMENT TO ENTER HOUSING
ASSISTANCE PAYMENTS CONTRACT FOR PROJECT NO. CA011SR0005-SECTON 8
MODERATE REHABILITATION PROGRAM FOR SINGLE ROOM OCCUPANCY
DWELLINGS FOR HOMELESS INDIVIDUALS AND AUTHORIZING EXECUTION
WHEREAS, the Housing Authority of the County of Contra Costa(hereinafter referred to as"PHA") is a public body,corporate and
politic established under the laws of California and empowered to administer federal Department of Housing and Urban
Development(HUD)programs within the County; and
WHEREAS, the PHA has been working with Rubicon Programs, Inc. and the Owner,the Idaho Apartments Associates,to assist in
the rehabilitation and conversion of the Idaho Apartments, located at 10203 San Pablo Avenue in El Cerrito,to a
complex with Single Room Occupancy(SRO)units for homeless individuals who participate in the Rubicon program;
and
WHEREAS, the HUD Section 8 Moderate Rehabilitation Program for Single Room Occupancy Dwellings for Homeless Individuals
(program) includes providing affordable housing with Section 8 certificates for residents of these SRO developments;
and
WHEREAS, pursuant to Resolution No.4015,the Authority will execute an Annual Contributions Contract(ACC)with the United
States of America("Government")for the project which defines HUD's and the Authority's role in administering the
Section 8 Certificates for this program; and
WHEREAS, the PHA wishes to enter into an Agreement to Enter Housing Assistance Payments Contract(Agreement)with the
Idaho Apartments Associates,a California Limited Partnership, in order for the Owner to begin the rehabilitation of the
Idaho Apartments for use under the program; and
WHEREAS, the Authority will monitor the Owner's construction work during the rehabilitation and, upon completion,will enter
into a Housing Assistance Payment contract with the Owner in order to make housing assistance payments to the Owner
for units under lease by homeless individuals who are eligible for assistance and are tenants participating in this Section
8 program.
NOW,THEREFORE, BE IT RESOLVED, as follows:
1, That the Agreement to Enter Housing Assistance Payments Contract("Agreement")between the Housing Authority of
the County of Contra Costa and the Idaho Apartments Associates for Project No. CAO 11 SR0005-Section 8 Moderate
Rehabilitation for Single Room Occupancy Dwellings for Homeless Individuals Program for the Idaho Apartments is
hereby approved and accepted.
2, That the Executive Director of the Housing Authority of the County of Contra Costa is authorized and directed to
execute the Agreement, and any amendments to the Agreement,with the Idaho Apartments Associates for this project.
3, That this resolution shall take effect immediately.
PASSED AND ADOPTED THIS 12th day of August 1997 ,by the following vote of the Commissioners:
AYES: Commissioners Rogers, Uilkema, Gerber, Canciamilla
NOES. None
ABSENT: Commissioner DeSaulnier
ABSTAIN: None
I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED:
IL BATCHEL R,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY: Q Q ,DEPUTY
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 MODERATE REHABILITATION PROGRAM
FOR SINGLE ROOM OCCUPANCY DWELLINGS
FOR HOMELESS INDIVIDUALS
PART I
AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
TABLE OF SECTIONS
1.1 PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 SIGNIFICANT DATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A Date of ACC Execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Effective Date of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. Date of Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. Date of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
E Execution of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
13 CONTENTS OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
AElements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B. Applicability of Agreement
Part II Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.4 HUD REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.5 REHABILITATION PERIOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
A Timely Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
B. Changes in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
C. Vacancies during Rent-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
D. Prohibition Against Displacement of
Residential Tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
E Temporary Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
F. Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.6 WORK COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A. Date of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B. Compliance with Exhibit B
C. Notice of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
D. Evidence of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
E Cost and Rehabilitation
Loan Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
F. Review and Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
G. Completion and Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
H. Acceptance Where Deficiencies Are Reported . . . . . . . . . . . . . . . . . . . . 9
I. Notice of Nonacceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
J. Completion in Stages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.7 ESTABLISHMENT OF INITIAL CONTRACT AND BASE RENTS . . . . . . . . . . . . . . . . . . 9
A. Amount of Initial Contract Rent
and Base Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
B. Adjustment to Compensate for
Related Government Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1.8 HOUSING ASSISTANCE PAYMENTS CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
A Time and Execution . . . . . . . . . ... . . . . . . . . 10
B. Completion in Stages . . . . . . . . . . . . . . . . . . . . 10
C. Form of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
D. Survival of Owner Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
1.9 PHA AND HUD ACCESS TO PREMISES AND OWNER RECORDS . . . . . . . . . . . . . . . . 11
1.10 RIGHTS OF HUD IF PHA DEFAULTS UNDER AGREEMENT . . . . . . . . . . . . . . . . . . . . 11
1.11 REMEDIES OF PHA FOR OWNER BREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
A. Nature of Breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
B. Exercise of Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
C. Remedies Not Exclusive and
Non-Waiver of Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
1.12 CONFLICT OF INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
A. Interest of Members, Officers or Employees
of PHA, Members of Local Governing Body, or
Other Public Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
B. Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1.13 INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS . . . . . . . . . . . . . . . . . . . 13
1.14 TRANSFER OF THE AGREEMENT, CONTRACT OR PROPERTY . . . . . . . . . . . . . . . . . 13
A. PHA Consent to Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
B. Procedure for PHA Acceptance of Transferee . . . . . . . . . . . . . . . . . . . . . 13
C. Pledge of Contract As Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1.15 DEBARMENT OR SUSPENSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1.16 IMPROPER SELECTION OF UNITS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1.17 PHA AND OWNER RELATION TO THIRD PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . 14
A Selection and Performance of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . 14
B. Injury Resulting from Rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
C. Legal Relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
D. Exclusion of Third Party Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
E Exclusion of Owner Claims Against HUD . . . . . . . . . . . . . . . . . . . . . . . 15
1.18 NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
1.19 NONDISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
A. Compliance with Requirements Under
The Fair Housing Act, Executive Order 11063
and Title VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
B. Prohibition of Discrimination Based on
Age or Handicap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
C. Minority and Women's Business Enterprises . . . . . . . . . . . . . . . . . . . . . . 16
D. Employment Discrimination . . . . . : . ... . . . . . . . . . . . . . . . . . . . . . . . . . 16
E. Cooperation in Equal Opportunity
Compliance Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1.20 NATIONAL ENVIRONMENTAL POLICY ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1.21 LOBBYING CERTIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
A. Use of Federally Appropriated Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
B. Use of Other Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
C. Inclusion of Certification Language in
Award Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
D. Effect of Certification; Failure to Certify . . . . . . . . . . . . . . . . . . . . . . . . . 17
1.22 EN'T'IRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
-
Agreement/Contract Number. HAP - SRO
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
SECTION 8 MODERATE REHABILITATION PROGRAM
FOR SINGLE ROOM OCCUPANCY DWELLINGS
FOR HOMELESS INDIVIDUALS
PART I
AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
This Agreement to Enter into Housing Assistance Payments contract (*Agreement") is entered into between
the uousing Aiithority of the County of Contra Costa and
The Idaho Apartments Associates, -a California 1,iiaited Partnership
(*Owner').
1.1 PURPOSE OF AGREEMENT
A. The PHA is a public housing agency as defined in the United States Housing Act of 1937
(42 U.S.C. 1437 et sea.}. The PHA and the Owner have entered this Agreement pursuant
to the Section 9 Moderate Rehabilitation Program for Single ROOM Occupancy (*SRO*)
Dwellings for homeless individuals. The purpose of the program is to provide Section 8
rental assistance for homeless individuals in rehabilitated SRO housing.
B. Under this Agreement, the Owner agrees to rehabilitate dwelling units for occupancy by
homeless individuals. When the rehabilitation is completed by the owner in accordance
with this Agreement, the owner and the PHA will enter into a Housing Assistance
Payments Contract (*contract"). The PHA will make housing assistance payments to the
Owner in accordance with the contract, for a unit under lease, in accordance with the U.S.
Department of Housing and Urban Development ('HUD*) requirements, by a homeless or
non-homeless individual who is eligible for assistance under this program. ('The term
'Family" as used in the Agreement and contract means an eligible individual-) Funds for
housing assistance on behalf of eligible individuals are provided by HUD under an Annual
Contributions Contract (-ACC-) between HUD and the PHA.
SRO FOR HOMELESS Form 52538 C (10/90)
Page 1 of 18
PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
1.2 SIGNIFICANT DATES
A. Date of ACC Execution
The ACC was executed on:
[Enter the effective date (as stated in the ACC) of the ACC funding increment ('project')
used as the funding source for housing assistance payments to the owner. If more than one
funding increment is used as the funding source, enter the effective date of the first such
funding increment.]
B. Effective Date of Agreement
This Agreement is effective on the date the Agreement is signed by the PHA
[At the end of this Part I, enter the date the Agreement is signed by the PHA, in the space
provided below the signature of the official who executes the Agreement for the PHA]
C. Date of Commencement
The date for commencement of work is not later than
10 (ten) calendar days after the effective date of this Agreement
D. Date of ComQletion
1. The date for completion of work and conditions for acceptance of all units is no
later than
[Enter the completion deadline.]
2. The completion date may not be later than 365 days after the date of ACC
execution.
E. Execution of Contract
1. After the Owner has completed the work, and has satisfied all conditions for
acceptance of the units, the Contract must be executed by the PHA and the Owner.
The Contract must be executed no later than
[Enter the deadline for execution of the Contract by the PHA and the Owner.]
2. This date may not be later than 365 days after the date of ACC execution. Where
the Agreement provides for completion in stages, the Contract shall be executed
for all stages no later than 365 days after the date of ACC execution.
SRO FOR HOMELESS Form 52538 C (10190)
Page 2 of 18 '
PART L AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
1.3 CONTENTS OF AGREEMENT
A. Elements
The Agreement consists of:
1. Part I and Part 11 of the Agreement. Part 11 is Form HUD 52538 B, dated
October 1990.
2. The following exhibits:
Exhibit A. The approved Owner's proposal.
Exhibit B. The work write-up and rehabilitation cost estimate.
[The PHA may require that Exlu'bit B include specifications and
plans for the rehabilitation.]
Exhibit C. Cost estimate for temporary relocation; Interest rate and term of
loan. NA
Exhibit D. Identification of units (Contract Units), including number and size
(number of bedrooms),address,and applicable initial rents (initial
Contract and Base Rents).
Exhibit E. The Housing Assistance Payments Contract ('Contract') complete
with respect to the Agreement/Contract number, the identification
of the PHA and Owner,and the statement of services,maintenance
and utilities to be provided by the Owner.
Exhibit F. The schedule of completion in stages, if applicable. NA
(Identify which units are included in each stage, including the
number and sizes (number of bedrooms) of units, and the date of
completion for each stage.]
Additional Exhibits: (Specify any additional exhibits, such as Davis-Bacon Wage
Rate Schedule, if applicable, or statement of requirements concerning temporary
relocation of tenants. If none, insert 'None.']
SRO FOR HOMELESS Form 52538 C (10/90)
Page 3 of 18
PART 1: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
B. Applicability of Agreement Pan II Provisions
[Check appropriate boxes below.]
2.1 Training, Employment and Contracting Opportunities for Businesses and Lower-
Income Persons
Section 2.1 applies if the total of Contract Rents for all Contract Units under the
proposed Contract, over the maximum term of the Contract, is more than 5500,000
or S2,778 per month.
(X] Applicable [ ] Not Applicable
2.2 Clean Air Act and Federal Water Pollution Control Act
Section 2.2 applies if the total of Contract Rents for all units under the proposed
Contract, over the maximum term of the Contract, is more than 5100,000 or 5556
per month.
(xj Applicable [ ] Not Applicable
23 Federal Labor Standards Requirements
Section 23 applies if this Agreement covets nine or more units.
Applicable [ ] Not Applicable
2.4 Flood Insurance
Section 2.4 applies if units are located in areas having special flood hazards and in
which flood insurance is available under the National Flood Insurance Program.
[ ] Applicable 1X] Not Applicable
1.4 HUD REQUIREMENTS
A. The Owner must comply with applicable HUD requirements, including any amendments of
HUD requirements.
B. The Agreement and Contract shall be interpreted and implemented in accordance with
HUD requirements.
SRO FOR HOMELESS Form 52538 C (10/90)
Page 4 of 18
PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
1.5 REHABILITATION PERIOD
A. Timely Performance of Work
1. The Owner must begin work no later than the date of commencement stated in this
Agreement (Section 1.2.C), must diligently continue the work, and must complete
the work, and the conditions for acceptance of units,by the completion date stated
in this Agreement (Section 1.2.D.1).
2. The Owner must promptly report to the PHA the date work is commenced., and
must furnish the PHA with progress reports when required by the PHA
3. Where the Agreement provides for completion in stages, all work related to units
included in each stage, and all conditions for acceptance of such units, must be
completed by the stage completion date in Exhibit F. All work on all stages, and
all conditions for acceptance of all stages,must be completed no later than the date
of completion stated in Section 1.2.D.1.
B. Changes in Work
1. The Owner must obtain prior PHA approval for any change in the work specified
in Exhibit B which would alter the design or quality of the work. The PHA is not
required to approve any changes requested by the Owner. PHA approval of any
changes may be conditioned on establishment of lower initial Contract Rents or
Base Rents at the amounts determined by the PHA
2. If the Owner makes any change in the work without prior PHA approval, the PHA
may establish a lower Contract or Base Rent at the amount determined by the
PHA
C. Vacancies during Rent-up
At least sixty days before completion of the rehabilitation (where the Agreement provides
for completion in stages, sixty days before completion of rehabilitation on each stage), the
Owner must notify the PHA of any unit(s) expected to be vacant at the anticipated effective
date of the Contract. The PHA must refer to the Owner eligible appropriately-sized
families from the PHA waiting list. The Owner must promptly screen the families referred
by the PHA, and must select tenants for vacant units from among the families referred by
the PHA When the Contract is executed, the Owner must notify the PHA which units are
leased and which are vacant The Owner is not entitled to housing assistance payments for
vacancies during rent-up, as provided in the Contract, unless the Owner has complied with
the requirements of this paragraph.
SRO FOR HOMELESS Form 52538 C (10/'90)
Page 5 of 18
PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
D. Prohibition Against Displacement of Residential Tenants
The Owner agrees that rehabilitation work on any unit to be subsidized with assistance
under the Contract may not result in the displacement of residential tenants from the units
to be subsidized. If a residential tenant is displaced through a waiver of this requirement
or in violation of this requirement, the Owner must provide relocation assistance in
accordance with the regulations which implement the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970.
E. Temporary Relocation
1. The Owner agrees that lawful residential tenants shall not be required to move
temporarily from a structure or complex unless:
a. The Owner has given the tenants advance written notice and appropriate
advisory services.
b. Decent, safe and sanitary temporary housing is available.
C. The temporary relocation period will not exceed twelve months, and
d. The Owner reimburses tenants for reasonable out-of-pocket expenses
incurred in connection with the temporary relocation,including moving costs
to and from temporary housing and increases in monthly housing costs.
2. These requirements only apply to lawful residential tenants (but not to owner-
occupants or businesses)who are temporarily relocated following submission of the
Owner's proposal to the PHA. The requirements do not apply to tenants who
commence occupancy aper the Owner's submission of a proposal if, before they
commence occupancy, they are provided written notice from the Owner of the
impending work and possible temporary relocation,or whose tenancy is terminated
for cause based upon a serious or repeated violation of material terms of the lease
or occupancy agreement.
F. Ins ions
The PHA has the right to inspect the work at any time to determine the progress and
quality of the work. The PHA may inspect the work to ensure that work is proceeding on
schedule,and is being accomplished in accordance with the requirements of this Agreement.
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PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
1.6 WORK COMPLETION
A. Date of Completion
1. No later than the date for completion stated in Section 1.2.D.1, the Owner must:
a. Complete the work for all units in accordance with Exhibit B, and
b. Satisfy all conditions for acceptance of the units under this section
(including notice of completion required under paragraph C,submission of
all evidence of completion required under paragraph D, and submission of
the actual cost and rehabilitation loan certifications required under
paragraph E)•
B. Compliance with Exhibit B
The completed work must be in accordance with Exhibit B. The Owner is solely responsible
for completion of the work.
C. Notice of Completion
The Owner must notify the PHA when the work is completed, and must submit to the PHA
the evidence of completion and certifications described in paragraphs D and E of this
section.
D. Evidence of Completion
When the work is completed, the Owner must submit the following to the PHA:
1. A certificate of occupancy and other official approvals as required by the locality.
2. A certification by the Owner that:
a. The work has been completed in accordance with the requirements of this
Agreement;
b. There are no deficiencies in the work except for items of delayed
completion which are minor or which are incomplete because of weather
conditions and, in any case, do not preclude or affect. occupancy;
C. The units are in good and tenantable condition;
d. The units have been rehabilitated in accordance with,and is in compliance
with, applicable zoning, building, housing and other codes, ordinances or
regulations, as modified by any waiver obtained from appropriate officials;
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PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
e. The units are in accordance with the applicable HUD Housing Quality
Standards for the program;
E Any unit built before 1978 is in compliance with the applicable HUD Lead
Based Paint Regulations; and
g. The units are eligible for inclusion under this program in accordance with
program requirements.
3. If Labor Standards Requirements are applicable, the Owner must comply with
Section 2.3.D of this Agreement.
E Cost and Rehabilitation Loan Certifications
1. Before execution of the Contract,the Owner must submit to the PHA a certification
of the costs incurred for the rehabilitation and any temporary relocation as well as
a certification of the interest rate and term of the rehabilitation loan, if any. Where
the Agreement provides for completion in stages, the Owner must provide these
certifications before execution of the Contract with respect to the last stage, but in
no event later than the date of completion specified in Section 1.2.D.1 of the
Agreement.
2. The Owner must certify that the amounts certified are the actual costs and interest
rate and term. The PHA will review the certifications for completeness and
accuracy and establish the initial Contract Rents after this review. However, the
Owner certifications are subject to post-audit, and initial Contract Rents may be
redetermined by the PHA after such post-audit.
F. Review and Inspection
1. After receipt of the evidence of completion, the PHA will review the evidence of
completion for compliance with paragraph D of this section and, if applicable,
Section 2.10 of the Agreement.
2. A PHA representative will inspect the unit(s) to be assisted to determine whether
the work has been completed in accordance with the Agreement. If the inspection
discloses deficiencies, the inspector will report these with sufficient detail and
information for purposes of paragraph H of this section.
G. Completion and Acceetance
If the PHA determines from the review and inspection that the work has been completed
in accordance with the Agreement, and that the Owner has satisfied all conditions for
acceptance of the units under the Agreement,the unit(s) must be accepted. The PHA may
require the Owner to remedy any deficiencies prior to, and as a condition for, acceptance
of the units.
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PART L AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
H. Acceptance Where Deficiencies Are Reported
If the work is not acceptable, the following shall apply.
1. If there are any items of delayed completion which are minor items or which are
incomplete because of weather conditions and in any case which do not preclude
or affect occupancy, and all other requirements of the Agreement have been met,
the unit(s) must be accepted. The Owner must deposit in escrow with the PHA
funds in an amount the PHA determines to be sufficient to assure completion of
the delayed items. The Owner must enter a written agreement with the PHA, in
the form prescribed by the PHA, which specifies the schedule for completion of
delayed items. If the Owner fails to deposit such escrow,or to execute such written
agreement, or if items are not completed within the agreed time period, the PHA
may terminate the Agreement or Contract or exercise other remedies available by
law or under the Agreement or Contract.
2. If other deficiencies exist, the PHA must determine whether and to what extent the
deficiencies are correctable,whether the unit(s) will be accepted after correction of
deficiencies, and the requirements and procedures for such correction and
acceptance. Furthermore, the PHA shall determine whether lower initial Contract
or Base Rents shall be established The PHA must notify the Owner of the PHA's
decision.
L Notice of Nonacceptance
If the PHA determines that, based on the review of the evidence of completion and
inspection,any unit or units are not accepted, the Owner must be promptly notified of this
decision and the reasons for the decision.
J. Completion in Stages
Where the Agreement provides for completion in stages,the procedures of this section apply
to each stage.
1.7 ESTABLISEMENT OF INITIAL CONTRACT AND BASE RENTS
A. Amount of Initial Contract Rent and Base Rent
1. The Contract and Base Rents stated in Exhibit D will be the initial Contract and
Base Rents specified in the Contract unless changes are made by the PHA in
accordance with HUD requirements. The PHA may only approve establishment of
higher initial Contract Rents or Base Rents because of changes during the
rehabilitation period, and only to the extent consistent with HUD requirements.
2. The amounts of the initial Contract and Base Rents to be stated in the Contract
are subject to post-audit and redetermination by the PHA. The initial Contract
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PART 1: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
Rent and Base Rent for each Contract Unit may not exceed the amounts authorized
in accordance with HUD requirements. At any time, the PHA may correct any
initial Contract or Base Rent which exceeds the amount authorized in accordance
with HUD requirements. The PHA may recover any excess housing assistance
payments resulting from the excess initial Contract or Base Rent. When the initial
Contract or Base Rent for any unit would otherwise exceed the amount authorized
in accordance with HUD requirements, the PHA will establish a lower initial
Contract or Base Rent which is in accordance with such requirements.
B. Adjustment to Compensate for Related Government Assistance
The Owner must disclose to the PHA in accordance with HUD requirements information
regarding any related assistance from the Federal Government,a State,or a unit of general
local government, or any agency or instrumentality thereof, that is made available or is
expected to be made available with respect to the Contract Units. Such related assistance
includes, but is not limited to, any loan, grant, guarantee, insurance, payment, rebate,
subsidy, credit, tax benefit, or any other form of direct or indirect assistance. Housing
assistance payments under the Contract must not be more than is necessary, as determined
in accordance with HUD requirements, to provide affordable housing after taking account
of such related assistance. The PHA will adjust in accordance with HUD requirements the
amount of the Contract Rent and housing assistance payments to the Owner to compensate
in whole or in part for such related assistance.
1.8 HOUSING ASSISTANCE PAYMENTS CONTRACT
A Time and Execution
Upon acceptance of the work by the PHA, and PHA approval of the cost and other
certifications by the Owner under the Agreement, the Owner and the PHA must execute
the Contract.
B. Completion in.Stapes
Where the Agreement provides for completion in stages, the number and size (number of
bedrooms) of units in each stage, and the Contract and Base Rents for the units in each
stage, must be separately shown in the Contract When the PHA accepts the first stage,
the Owner will execute the Contract and the signature block provided in the Contract for
the stage. When the PHA accepts each subsequent stage, the Owner will execute the
signature block provided in the Contract for such stage.
C. Form of Contract
The provisions of the Contract shall be as provided in Exhibit E of the Agreement. Before
execution by the PHA or the Owner, all blanks in the Contract must be completed by the
PHA
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PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
D. Survival of Owner Obligations
Even after execution of the Contract, the Owner shall continue to be bound by all Owner
obligations under the Agreement.
1.9 PHA AND HUD ACCESS TO PREMISES AND OWNER RECORDS
A. The Owner must furnish any information pertinent to this Agreement as may reasonably
be required from time to time by the PHA or HUD.
B. The Owner must permit the PHA or HUD or any of their authorized representatives to
have access to the premises and, for the purpose of audit and examination, to have access
to any books, documents, papers and records of the Owner to the extent necessary to
determine compliance with this Contract, including the verification of information pertinent
to the housing assistance payments.
1.10 RIGHTS OF HUD IF PHA DEFAULTS UNDER AGREEMENT
If HUD determines that the PHA has failed to comply with this Agreement, or has failed to take
appropriate action, to HUD's satisfaction or as directed by HUD, for enforcement of the PHA's
rights under the Agreement, HUD may assume the PHA's rights and obligations under the
Agreement, and may perform the obligations and enforce the rights of the PHA under the
Agreement. HUD will, if it determines that the Owner is not in default, pay Annual Contributions
for the purpose of making housing assistance payments with respect with to the Contract Units for
the duration of the Contract.
1.11 REMEDIES OF PHA FOR OWNER BREACH
A Nature of Breach
Any of the following is a breach of the Owner's obligations under this Agreement:
1. The Owner has failed to comply with any provision of, or obligation under, this
Agreement, the Contract,or any other housing assistance payments contract under
Section 8 of the United States Housing Act of 1937 (.42 U.S.C. 1437f).
2. The Owner has committed any fraud in connection with the Agreement or the
Contract,or has committed fraud in connection with any Federal housing assistance
program.
3. For projects with mortgages insured or coinsured by HUD or loans made by HUD,
the Owner has violated the regulations for the applicable mortgage insurance,
coinsurance or loan program, with the mortgage or mortgage note, or with the
Regulatory Agreement, or the Owner has filed any false statement with HUD in
connection with the mortgage, coinsurance or loan.
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PART 1: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
B. Exercise of Remedies
1. If the PHA determines that a breach by the Owner has occurred, the PHA may
exercise any of its remedies for breach of the Agreement, including any remedies
available by law or under the Agreement.
2. The PHA must notify the Owner in writing of such determination, including a brief
statement of the reasons for the determination. The PHA notice may require the
Owner to take corrective action as determined by the PHA, by a time prescribed
in the notice.
3. If the PHA determines that the Owner has failed to perform any of the Owner's
obligations under this Agreement, including failure to complete the work or other
conditions for acceptance of units on time in accordance with the Agreement, the
PHA may exercise any of the following remedies (in addition to any other remedies
available by law or under this Agreement):
a. The PHA may terminate the Agreement.
b. The PHA may decline to execute the Contract for some or all of the units.
C. Remedies Not Exclusive and Non-Waiver of Remedies
The PHA's exercise or non-exercise of any remedy for Owner breach of this Agreement is
not a waiver of the right to exercise that or any other right or remedy at any time.
1.12 CONFLICT OF DUEREST
A. Interest of Members, Officers or Employees of PHA. Members of Local Governing Body,
or Other Public Officials
No present or former member or officer of the PHA (except tenant-commissioners), no
employee of the PHA who formulates policy or influences decisions with respect to the
Section 8 Program, and no public official or member of a governing body or State or local
legislator who exercises functions or responsibilities with respect to the Section 8 Program,
shall have any direct or indirect interest,during his or her tenure or for one year thereafter,
in the Agreement or the Contract or in any proceeds or benefits arising from the
Agreement or Contract. This provision may be waived by HUD for good cause.
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PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
B. Disclosure
The Owner warrants that the Owner has disclosed to the PHA:
1. The identity of the Owner, developer, builder, architect, management agent (and
other participants) and the names of officers and principal members, shareholders,
investors, and other parties having a-substantial interest in the Agreement or the
Contract or in any proceeds or benefits arising from the Agreement or Contract.
2. The previous participation of each of these parties in HUD programs on the
prescribed HUD form; and
3. Any possible conflict of interest by any of these parties that would be a violation
of the Agreement or the Contract.
The Owner must fully and promptly update such disclosures.
1.13 EVrERFST OF MEMBER OF OR DELEGATE TO CONGRESS
No member of or delegate to the Congress of the United States of America or resident
commissioner shall be admitted to any share or part of the Agreement or to any benefits which may
arise from the Agreement.
1.14 TRANSFER OF THE AGREEMENT, CONTRACT OR PROPERTY
A PHA Consent to Transfer
The Owner agrees that the Owner has not made and will not make any transfer in any form,
including any sale or assignment,of the Agreement or the Contract or the property without
the prior written consent of the PHA A change in ownership in the Owner, such as a
stock transfer or transfer of the interest of a limited partner,is not subject to the provisions
of this section. Transfer of the interest of a general partner is subject to the provisions of
this section.
B. Procedure for PHA Acceptance of Transferee
Where the Owner requests the consent of the PHA for a transfer in any form, including
any sale or assignment, of this Agreement or the Contract or the property, the PHA must
consent to a transfer of the Agreement or Contract pursuant to Paragraph A of this section
if the transferee agrees in writing (in a form acceptable to the PHA) to comply with all
the terms of the Agreement and Contract, and if the transferee is acceptable to the PHA
The PHA's criteria for acceptance of the transferee must be no more restrictive than for
initial acceptance of any Owner under the Program at the time of the Owner's request.
SRO FOR HOMELESS Form 52538 C (10/90)
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PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
C. Pledge of Contract As Security
If an Owner is proposing to pledge the Agreement or HAP Contract as security for
financing, the Owner must submit the financing documents to the PHA for approval. In
determining the approvability of a pledge arrangement,the PHA must review the documents
submitted by the Owner to ensure that the financing documents do not purport to modify
the Agreement or Contract, and do not contain any requirements inconsistent with the
Agreement or Contract. Any pledge of the Agreement or Contract must be limited to
amounts payable under the Contract in accordance with the terms of the Contract.
1.15 DEBARMENT OR SUSPENSION
The Owner must comply with and is subject to the requirements of 24 CFR Part 24, concerning
debarment, suspension and limited denial of participation.
1.16 EWROPER SELECTION OF UNITS
This Agreement can be terminated upon at least thirty days written notice to the Owner by the
PHA or HUD if the PHA or HUD determines that the Contract Units were not eligible for
selection in conformity with HUD requirements.
1.17 PHA AND OWNER RELATION TO THM PARTIES
A. Selection and Performance of Contractor
1. The PHA has not assumed any responsibility or liability to the Owner or any other
party for the performance of any contractor, subcontractor or supplier, whether or
not listed by the PHA as a qualified contractor or supplier under the Program. The
selection of a rehabilitation contractor, subcontractor or supplier for performance
of the work is the sole responsibility of the Owner.
2. The Owner must require from each prospective contractor a certification that
neither the contractor nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible or voluntarily excluded from participation in
contracts by the Comptroller General or any Federal department or agency. The
Owner must not award contracts to, otherwise engage the services of, or fund any
contractor that does not provide this certification.
B. Injury Resulting from Rehabilitation
The PHA has not assumed any responsibility for or liability to any person, including a
worker or a resident of the unit undergoing rehabilitation, injured as a result of the
rehabilitation or as a result of other action or failure to act by the Owner, or any
contractor, subcontractor or supplier.
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PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
C. Legal Relationship
The Owner is not the agent of the PHA, and this Agreement does not create or affect any
relationship between the PHA and the lender or any suppliers, employees, contractors or
subcontractors used by the Owner in the implementation of the Agreement.
D. Exclusion of Third Party Claims
Nothing in this Agreement shall be construed as creating any right of any third party (other
than HUD) to enforce any provision of the Agreement, or to assert any claim against
HUD, the PHA or the Owner under the Agreement.
E. Exclusion of Owner Claims Against HUD
Nothing in the Agreement shall be construed as creating any right of the Owner to assert
any claim against HUD.
1.18 NOTICES
Where the Owner is required to give any notice to the PHA in connection with this Agreement,
such notice must be in writing, and must be given in the manner designated by the PHA.
1.19 NONDISCRBIINATION
A. Compliance with RetLuirements Under
The Fair Housing Act, Executive Order 11063 and Title VI
In carrying out this Agreement, the Owner must comply with:
1. The Fair Housing Act(42 U.S.C.3601-19)and implementing regulations at 24 CFR
Part 100.
2. Executive Order No. 11063 (Equal Opportunity in Housing) and implementing
regulations at 24 CFR Part 107.
3. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in
Federally Assisted Programs) and implementing regulations at 24 CFR Part 1.
B. Prohibition of Discrimination Based on Age or Handicap
In carrying out this Contract, the Owner must comply with:
1. The prohibitions against discrimination on the basis of age under the
Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations
at 24 CFR Part 146.
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PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
2. The prohibitions against discrimination against otherwise qualified individuals with
handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8.
C. Minority and Women's Business Enterprises
In carrying out this Contract, the Owner must comply with the requirements of Executive
Order Nos. 11625, 12432 and 12138
D. Employment Discrimination
In carrying out this Contract, the Owner must comply with the requirements of Executive
Order No. 11246 (Equal Employment Opportunity) and the regulations issued under the
Order at 41 CFR Chapter 60.
E. Cooperation in Equal Opportunity Compliance Reviews
The PHA and the Owner must cooperate with HUD in conducting monitoring and
compliance reviews and complaint investigations pursuant to all applicable civil rights
statutes and regulations,Executive Orders,and all civil rights related program requirements.
1.20 NATIONAL ENVIRONMENTAL POLICY ACT
The Owner must comply with all applicable requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et M. and HUD regulation at 24 CFR Part 50, including related
environmental laws, Executive Orders and HUD standards.
1.21 LOBBYING CERTIFICATIONS
A. Use of Federally Appropriated Funds
The Owner hereby assures and certifies that:
No Federally appropriated funds have been paid or will be paid, by or on behalf of the
Owner, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract,the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
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PART I: AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
B. Use of Other Funds
If any funds other than Federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the Owner must complete and submit standard form LLL, 'Disclosure Form to Report
Lobbying," in accordance with its instructions.
C. Inclusion of Certification Language in Award Documents
The Owner must require that the language or this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans,and cooperative agreements) and that all subrecipients must certify and
disclose accordingly.
D. Effect of Certification, Failure to Certify
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required certification is subject to a civil penalty of not less
than $10,000 and of more than $100,000 for each civil failure.
1.22 ENTIRE AGREEMENT
This Agreement, including the exhibits, is the entire agreement between the PHA and the Owner.
No changes may be made except in writing signed by both the Owner and the PHA.
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PART L AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
PHA Housing Authority off the County o'-f Contra Costa
Name of Public Hewing Agency
BY
Signatur-
Richard J. Martinez
Print Name
Date
E:,eclitive Director
Title
Owner The 1daho Aoartments Assoc at-Fs
a Cal--* ---"c)rnia Limited Partnership
BY
Signature
Print Name
Date
Title
Warning- 18 U.S.0 1001 provides,among other things, that whoever knowingly and willfully makes or uses
a document or writing containing any false, fictitious,or fraudulent statement or entry, in any matter within
the jurisdiction of any department or agency of the United States, shall be fined no more than 510,000 or
imprisoned for not more than five years, or both.
SRO FOR HOMELESS Form, 52538 C (10/90)
Page 18 of 18
07/0. 97 THU 13:04 FAX 1 415 436 8520 002
AGREEMENT/CONTRACT NUMBER: AHAP - SRO - 1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
SECTION 8 MODERATE REHABILITATION PROGRAM
PART 11
AGREEMENT TO ENTER INTO HOUSING ASSISTANCE PAYMENTS CONTRACT
NOTE: Part I of the Agreement specifies which provisions of Part H are applicable-
2.1 TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNTTfES FOR
BUSINESSES AND LOWER INCOME PERSONS
A The project assisted under this Agreement is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u.
Section 3 requires that, to the greatest extent feasible, opportunities for training and
employment be given lower-income persons residing within the unit of local government
or the metropolitan area (or nonmetropolitan country), as determined by the Secretary,
in which the project is located and contracts for work in connection with the project be
awarded to business concerns which are located.in, or owned in substantial part by
persons residing in, the same metropolitan area (or nonmetropolitan county) as the
Project.
B. Notwithstanding any other provision of this Agreement, the Owner shall carry out the
provisions of Section 3 and the regulations issued by HUD as set forth in 24 CFR, Part
135, and all applicable rules and orders of HUD issued thereunder prior to the
execution of this Agreement The requirements of the regulations include, but are not
limited to, development and implementation of an afSrmatnve action plan for utilizing
business concerns located within, or owned.in substantial part by persons residing in, the
area of the project; the making of a good faith effort, as defined by the regulations, to
provide training, employment, and business opportunities required by Section 3; and
incorporation of the 'Section 3 clause specified by Section 13520(b) of the regulations
and paragraph D of this section in all contracts for work in connection with the project
The Owner certifies and agrees that the Owner is under no contractual or other
disability which would prevent compliance with these requirements.
MODERATE REHABILITATION 52538 B (11/90)
Page 1of14
07/31/97 THU 13:05 FAX 1 415 436 8520 Lzi003
PART M- AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
C. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, Part
135, and all applicable rules and orders issued by HUD thereunder prior to execution of
this Agreement, shall be a condition of the Federal financial assistance provided to the
project, binding upon the Owner, the Owner's contractors and subcontractors, successors,
and assigns. Failure to fulfill these requirements shall subject the Owner, the Owner's
contractors and subcontractors, successors, and assigns to the sanctions specified by this
Agreement, and to such sanctions as are specified by 24 CFR, Section 135.135.
D. The Owner shall incorporate or cause to be incorporated into any contract or
subcontract for work pursuant to this Agreement in excess of 550,000 cost, the following
clause:
'EMPLOYMENT OF PROJECT AREA RESIDENTS AND CONTRACTORS
'A. The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest
extent feasible, opportunities for training and employment be given lower
income persons residing within the unit of local government or the metropolitan
area (or nonmetropolitan county), as determined by the Secretary, in which the
project is located and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part
by persons residing in, the same metropolitan area (or nonmetropolitan county)
as the project
'B. The parties to this contract will comply with the provisions of Section 3 and the
regulations issued by HUD as set forth in 24 CFR, Part 135, and all applicable
rules and orders of HUD issued thereunder prior to the execution of the
contract The parties to this contract certify and agree that they are under no
contractual or other disability which would prevent them from complying with
these requirements.
'C. The contractor will send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
contract or understanding. if any, a notice advising the labor organization or
workers' representative of the commitments under this Section 3 clause and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment or training.
'D. The contractor will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or
recipient of Federal financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations
issued by HUD, 24 CFR, Part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the latter has
been found in violation of regulations under 24 CFR, Part 135, and will not let
MODERATE REHADILI TA71ON 52538 B (I LW)
Page 2 of 14
c
07/31/97 THU 13:05 FAX 1 415 436 8520 004
PART I4 AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
any subcontract unless the subcontractor has first provided the contractor with a
preliminary statement of ability to comply with the requirements of these
regulations.
'E. Compliance with the provisions of Section 3, the regulations set forth in 24
CFR, Pan 135, and all applicable rules and orders of HUD issued thereunder
prior to the execution of the contract shall be a condition of the financial .
assistance provided to the project, binding upon contractors and subcontractors,
successors, and assigns. Failure to fulfill these requirements shall subject the
contractors and subcontractors, successors, and assigns to those sanctions
specified by the contract, and to such sanctions as are specified by 24 CFR,
Section 135.135.'
E The Owner agrees to be bound by the above Section 3 clause with respect to the
Owner's own employment practices when participating in federally assisted work.
2.2 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
In compliance with regulations issued by the Environmental Protection Agency ('EPA , 40 CFR,
Part 15, pursuant to the Clean Air Act, as amended ('Air Act'), 42 U.S.C. 7401, et seq., the
Federal Water Pollution Control Act, as amended ("Water Acte), 33 U.S.C. 1251, et seq., and
Executive Order 11738, the Owner agrees to:
A Not utilize any facility in the performance of this Agreement or any subcontract which Is
listed on the EPA List of Violating Facilities pursuant to Part 15 of the regulations for
:S the duration of time that the facility remains on the List;
B. Promptly notify the PHA if a facility the Owner intends to use in the performance of
this Agreement is on the EPA List of Violating Facilities or the Owner knows that it
has been recommended to be placed on the List:
C. Comply with all requirements of the Air Act and the Water Act, including the
requirements of Section 114 of the Air Act and Section 308 of the Water Act, and all
applicable clean air standards and clean water standards; and
D. Include or cause to be Included the provisions of this section in every subcontract and
take such action as HUD may direct as a means of enforcing such provisions.
23 FEDERAL LABOR STANDARDS REQUIREMENTS
The Owner Is responsible for inserting the entire text of paragraphs A and B of this section in
all construction contracts. If the Owner performs any construction work on the project, the
Owner must comply with all provisions of paragraphs A and B.
'AA
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PART IL AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
A 1. Minimum Wages
a. (1) All laborers and mechanics employed or working upon the site
of the work under the United States Housing Act of 1937 in the
construction of the project will be paid unconditionally and not
less often than once a week, and without subsequent deduction
or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under
the Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide hinge benefits (or cash equivalents thereof) due
at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof; regardless of
any contractual relationship which may be alleged to edst
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
hinge benefits under Section l(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred
for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs,which cover the
particular weekly period, are deemed to be constructively made
or incurred during such weekly period.
(2) Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for
the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent in each
classification in which work Is performed. The wage
determination (including any additional classification and wage
rates conformed under 29 CFR Part 5-5(a)(1)(ii) and the Davis-
Bacon poster (WH-1321)) shall be posted at all times by the
contractor and Its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by
the workers.
b. (1) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the
contract shall be classified in conformity with the wage
determination. HUD shall approve an additional classification
and wage rate and fringe benefits therefor only when the
following criteria have been met:
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PART M' AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
(a) The work to be performed by the classification
requested is not performed by a classification in the
wage determination; and
(b) The classification is utilized in the area by the
construction industry; and
(c) The proposed wage rate, including any bona-fide fringe
benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and
HUD or its designee agree on the classification and wage rate
(including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD
or its designee to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S.
Department of Labor, Washington, D.C. 20210. The
Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action
within 30 days of receipt and so advise HUD or its designee or
will notify HUD or its designee within the W-day period that
additional time is necessary.. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(3) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD
or its designee do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the
questions, including the views of all interested parties and the
recommendation of HUD or its designee, to the Administrator
for determination. The Administrator, or an authorized
representative,will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD
or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget
under OMB Control Number 1215-0140.)
(4) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs b(2) or b(3) shall be paid to
all workers performing work in the classification under this
contract from the first day on which work is performed in the
classification.
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PART II•AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
C. Whenever the minimum wage rate prescribed in the contract for a class
of laborers or mechanics includes a fringe benefit which is not expressed
as an hourly rate, the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or
an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer
or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program. (Approved by the
Office of Management and Budget under OMB Control Number 1215-
,. 0140.)
2. Withholding
HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be
withheld from the contractor under this contract or any other Federal contract
with the same prime contractor, or any other Federally-assisted contract subject
- to Davis-Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees and
helpers, employed by the contractor or any subcontractor the full amount of
wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working on
the site of the work under the United States Housing Act of 1937 in the
construction of the project, all or put of the wages required by the contract,
HUD or its designee may, after written notice to the contractor, take such
action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased. HUD or its
designee may, after written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or subcontractor to the respective
employees to whom they are due.
3. Payrolls and Basic Records
a. Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a period of
three years thereafter for all laborers and mechanics working at the site
of the work under the United States Housing Act of 1937 in the
construction of the project. Such records shall contain the name,
address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of
j contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in Section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or
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PART R AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section
1(b)(2)(8) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices
or trainees under approved programs shall maintain written evidence of
the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable programs. (Approved by the
Office of Management and Budget under OMB Control Numbers 1215-
0140 and 1215-0017.)
b. (1) The contractor shall submit weekly for each week jnL which any
contract work is performed a copy of all payrolls to the PHA,
for transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR Part
5S(a)(3)(i). This information may be submitted in any firm
desired. The prime contractor is responsible for the submission
of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number
1215-0149.)
(2) Each payroll submitted shall be accompanied by a 'Statement of
Compliance,' signed by the contractor or subcontractor or his or
her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(a) The payroll for the payroll period contains the
information required to be maintained under 29 CFR
Part 5.5(x)(3)(1) and such information is correct and
complete.
(b) Each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or
indirectly. No deductions have been made either directly
or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3.
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PART R:AOREEMENT TO ENTER HOUSINO ASSISTANCE PAYWMM CONTRACT
(c) Each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated into the contract
(3) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the "Statement of
Compliance' required by paragraph A3.b(2) of this section.
(4) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 231 of Title 31 of
the United States Cade.
a The contractor or subcontractor shall make the records required under
paragraph A.3.a of this section available for inspection, copying, or
transcription by authorized representatives of HUD or its designee or
the Department of Labor,and shall permit such representatives to
interview employees during working hours on the job. If the contractor
or subcontractor fails to submit the required records or to make them
available, PND or its designee may, after written notice to the
contractor, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12
4. Apnrenticces and Trainees
a. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to
and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or
with a State Apprenticeship Agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment
as an apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice
wage rate, who is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the wage
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PART A:AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
determination for the classification of work actually performed In
addition, any apprentice perforating work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a
project in a locality other than that in which its program is registered,
the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination. Apprentices shall
be paid hinge benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau,withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
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PART II:AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
b. Except as provided in 24 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless
they are employed pursuant to and individually registered in a program
which has received prior approval, evidenced by formal certification by
the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site
shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid
at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of Triage benefits listed
on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage
determination which provides for less than fall fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the
Employment and Training Administration.shall be paid not less than the
applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on
the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a
training program, the contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
C. The utilization of apprentices, trainees,and journeymen under this
section shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part
30.
5. Compliance with Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
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PART TL•AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMEN 3 CON'T'RACT
6. Subcontracts
The contractor or subcontractor must insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or
its designee may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with ali the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements
All rulings and interpretations of the Davis-Bacon and Related Acts contained
In 29 CFR Parts 1, 3, and 5 are incorporated by reference in this contract
9. Disputes Concerning Labor Standards
Disputes arising out of the labor standards provisions of this contract shall be
resolved in accordance with the procedures of the Department of Labor set forth
in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and HUD or its
designee, the U.S. Department of Labor, or the employees or their
representatives.
la Certification of Elieibility
a. By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of Section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(x)(1) or to be awarded HUD contracts or participate in
HUD programs pursuant to 24 CFR Part 24.
b. No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD
contracts or participate in HUD program pursuant to 24 CFR Part 24.
C. The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.0 100L Additionally, U.S. Criminal Code,
Section 1010, Title 18 U.S.C.. 'Federal Housing Administration
transactions', provides in part:
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PART II:AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
"Whoever, for the purpose of. . . influencing in any way the action of
such Administration . . . makes, utters or publishes any statement,
knowing the same to be false . . . shall be fined not more than $5,000 or
imprisoned not more than two years, or both.'
B. Contract Work Hours and Safety Standards Act
As used in this paragraph B, the terms 'laborers" and "mechanics' include watchmen and
guards.
1. Overtime Requirements
No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of eight hours in any calendar
day or in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of eight hours in any
calendar day or in excess of forty hours in such workweek,whichever is greater.
2 Violation: Liability for Unpaid Wages: Liquidated Damages
In the event of any violation of the clause set forth in paragraph B.1 of this
section, the contractor and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
B.1 of this section, in the sum of S10 for each calendar day on which such
individual was required or permitted to work in excess of eight hours or in
excess of the standard workweek of forty hours without payment of the overtime
wages required by such clause.
3. Withholding for Unpaid Wages and Liquidated Damages
HUD or its designee shalt upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act,which is held by
the same prime contractor such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages.
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PART IL AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENT'S CONTRACT
4. Subcontracts
The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraphs B.1 through B.4 of this section, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs B.1 through BA
of this section. -
C. Wage Claims and Adjustments
The contractor shall be responsible for the correction of all violations under this section,
including violations committed by subcontractors. If there is evidence of underpayment
of salaries or wages to any laborers or mechanics (including apprentices and trainees) by
the contractor or any subcontractor or a failure by the contractor or any subcontractor
to submit payrolls and related reports, the contractor shall be required to place an
amount in escrow, as determined by HUD, sufficient to pay persons employed on the
work covered by the Agreement the difference between the salaries or wages actually
paid such employees for the total number of hours worked and the full amount of wages
required under this Agreement, as well as an amount determined by HUD to be
sufficient to satisfy any liability of the contractor or subcontractor for liquidated damages
pursuant to this section. The amounts withheld may be disbursed by HUD for and on
account of the contractor or subcontractor to the respective employees to whom they are
due, and to the Federal Government in satisfaction of liquidated damages under this
section.
D. Evidence of Unit Completion, Escrow
1. The Owner must evidence the completion of the Contract Units by furnishing
the PHA, in addition to the requirements listed in Part I of this Agreement, a
certification of compliance with the provisions of this section 23, and that to
the best of the Owner's knowledge and belief there are no claims of
underpayment to laborers or mechanics in alleged violation of these provisions.
If there are any such pending claims to the knowledge of the Owner, the PHA,
or HUD, the Owner must place a sufficient amount in escrow, as directed by the
PHA or HUD, to assure such payments.
2. The escrows required under this section shall be paid to HUD, as escrowee, or
to an escrowee designated by HUD, and the conditions and manner of releasing
such escrows shall be designated and approved by HUD.
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PART Ik AGREEMENT TO ENTER HOUSING ASSISTANCE PAYMENTS CONTRACT
2.4 FLOOD INSURANCE
If the project is located in an area that has been Identified by the Federal Emergency
Management Agency as an area having special flood hazards and if the sale of flood insurance
has been made available under the National Flood Insurance Program, the Owner agrees that
the project will be covered, during its anticipated economic or useful life, by flood insurance in
an amount at least equal to its development or project cost (less estimated land cost) or to the
maximum limit of coverage made available with respect to the particular type of property under
the National Flood Insurance Act of 1968,whichever is less.
MODERATE REHABILITATION 52538 B (100)
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U.S.Department of Housing and Urban Development
Office of Community Planning and Development
i r
EXHIBIT "A"
OMB Approval No.2506-0118(exp. 11/30/96)
1995 Technical Submission for the
Section 8 -
Moderate Rehabilitation
Single Room Occupancy (SRO)
and
Shelter Plus Care (SRO
Programs
To be completed by conditionally selected applicants only.
forth HUD-40085-2 (7/95)
Table of Contents
SRO Technical Submission
Applicants that are conditionally selected as a result of the rating and
ranking process will be required to submit these exhibits.
Exhibit 1 Site Information
Exhibit 2 Rehabilitation and Financing
Exhibit 3 Base and Contract Rent Calculations
Exhibit 4 Reform Act Requirements
Pageno:a form HUD-40085-2 (7195)
Discussion of
SRO Development Process
The discussion below describes the steps condition- the recipient and execution of the ACC with a PHA
ally selected Section 8 SRO and Shelter Plus Care (non-PHA recipients must subcontract with a PHA
SRO applicants must take to complete the SRO. to administer the rental assistance).
development process. Unless otherwise indicated. Under Section 8 SRO, HUD obligates funds to a
SRO refers to both the Section 8 SRO and Shelter -project through execution of the ACC with a Public
Plus Care SRO programs. Housing Agency(PHA).
I. Technical Submission. Conditionally selected Under both programs, a PHA must submit the
applicants must submit the additional information following to the local HUD Field Office for review
requested in these exhibits, including site control, and approval prior to ACC execution:
documentation of financial resources.and base and (a) An Equal Opportunity Housing Plan and Certi-
contract rent calculations. Applicants will have two fication,Form HUD-920(revised,if necessary,
months from the date of the conditional selection to reflect the particular nature of the SRO hous-
letters from HUD to submit the information in an ing and homeless population).
approvable form. If an applicant cannot meet this (b) A proposed Schedule of Allowances forTenant-
deadline, HUD reserves the right not to award the Furnished Utilities and Other Services, Form
SRO funds,but instead to either use them to select HUD-52667,with a justification of the amounts
the next highest ranked application:or to add them proposed.
to funds available for the next competition. (c) If applicable,proposed variations to the accept-
HUD staff will be available to work with appli- ability criteriaof the Housing Quality Standards
cants to meet the technical requirements of the SRO (HQS).
programs. (d)The fire and building codes applicable to each
project. Please note that the McKinney Home-
2. Environmental Review, less Assistance Act requires the installation of
Conditionally selected Shelter Plus Care SRO(S+C sprinklers to protect all major spaces in each
SRO) applicants that are States. units of general building,hard-wired smoke detectors,and other
local government or Indian Tribes must assume fire and safety improvements required by State
responsibility for the environmental review in ac- and local law. The requirement of sprinklers and
cordance with 24 CFR pan 58. Upon completion of smoke detectors applies to all SRO projects,
the requirements of 24 CFR part 58,the condition regardless of State or local law.
ally selected applicant must certify the completion (e) An Administrative Plan. The Administrativc
and submit a Request for Release of Funds. Plan, as well as any subsequent changes to it,
must be approved by the Field Office. Program
Conditionally selected PHAs under both the Section regulations require that the Administrative Plan
8 SRO and S+C SRO programs. and nonprofit include:
applicants under the Section 8 SRO program,must in Procedures for establishing tenant outreach:
supply the local HUD Field Office with any infor- (ii)AHUD-approved policy governing tempo-
mation the Field Office needs to complete an envi- ,may relocation:and
ronmental review in accordance with 24 CFR part (iii)A mechanism to monitor the provision of
50. The environmental review includes a determi- supportive services.
nation of compliance with standards for historic
preservation, floodplain management, noise, wet- (f) Estimates of Required Annual Contributions,
Forms HUD-52672 and HUD-52673.
lands,and other environmental hazards.
An applicant will be selected for funding when PHAs should not wait for HUD approval of the
technical submission exhibits before submitting
HUD approves the technical exhibits and environ-
these documents. These items should be submitted
mental review requirements are satisfied. within two months of the date of the Field Office
3. Annual Contributions Contract (ACC) Ex- request for these documents, so that once HUD
ecution. approves the technical exhibits, the ACC may be
Under S+C SRO,HUD obligates funds to a project executed.
through execution of the S+C Grant Agreement with
form HUD40085-2 (7/95) Page no:
a
Discussion of
SRO Development Process (continued)
4. Agreement to Enter Into Housing Assistance assisted to determine that the units have been com-
Payments Contract (AHAP) Execution. The pleted in accordance with the AHAP and meet the
AHAP establishes that, upon satisfactory comple- HQS or other standards approved by HUD. Upon
tion of the rehabilitation in accordance with the PHA acceptance of the units in accordance with 24
AHAP provisions,the PHA will enter into a Hous- CFR 882.507..the HAP Contract may be executed
ing Assistance Payments (HAP) Contract with the between the owner and the PHA. An owner will
owner. An AHAP must be signed prior tocommenc- begin to receive SRO rental assistance payments
-- ing rehabilitation on assisted units. If rehabilitation after the HAP Contract is executed.
is completed prior to AHAP execution and the All units must be under an AHAP.rehabilitated.
statutory requirement that all assisted units require and under HAP Contract within 12 months of the
a minimum of$3,000 HQS-required rehabilitation execution of the ACC with HUD. If this 12-month
cannot be met,no assistance can be provided for the period is going to be exceeded, the PHA must
project. request an extension of the rehabilitation and leas-
t • The PHA must perform a number of critical ing schedule. /
tasks before an AHAP may be executed.including: The initial contract rents established at AHAP
• inspecting the structure to determine specific can be increased prior to HAP Contract execution
work items which need to be accomplished to only for the following reasons:
bring the units to be assisted up to HQS or other (a) When. during rehabilitation, work items (in-
standards approved by HUD: cluding substantial and necessary design
• conducting afinal feasibility analysis and deter- changes) which(i)could not have been reason-
mining whether cost-effective energy-conserv- ably anticipated or are necessitated by a change
ing improvements can be added: in local codes or ordinances and (ii) were not
• ensuring that the owner prepares work write-ups and listed in the work write-up approved by the
cost estimates as required by 24 CFR 882.504(g): PHA, are subsequently required and approved
• determining initial base and contract rents using by the PHA.
the form contained in Exhibit 3: (b) When the actual cost of the rehabilitation per-
• after firm commitments for financing and a formed is less than that estimated in the calcu-
contractor are obtained. determining whether lation of contract rents for the AHAP or the
the costs can be covered by the original contract actual, certified costs are more than estimated
rents, computed in accordance with 24 CFR due to unforeseen factors(e.g.,strikes).
882.805, and, where a project contains more (c) When the PHA (or HUD) approves changes in
than 50 units to be assisted,submitting the base financing.
and contract rent calculations to the HUD Field (d) When the actual relocation payments made by
Office for reviewandapproval insufficient time the owner to temporarily relocate individuals
for execution of the AHAP in a timely manner: varies from the cost estimated in the AHAP
• obtaining firm commitments to provide neces- contract rent calculation.
sary supportive services for other resources to be (e) When necessary to correct errors in the compu-
provided: Cation of base and contract rents to comply with
• confirming that the per unit $3,000 minimum HUD requirements.
amount of HQS-required rehabilitation is met: In these cases, the PHA must review and ap-
and prove the new items and recalculate the rents ac-
• discussing with the owner the various financing cordingly. A PHA may approve exception rents of
options available and approving all financing up to 110% of the moderate rehabilitation SRO
terms in accordance with program standards. FMR for these costs. Additionally,a Field Office
5. Housing Assistance Payments (HAP) Con- may approve exception rents of up to 120% of the
tract Execution. When rehabilitation for a project Moderate Rehabilitation SRO FMR for these costsin accordance with 24 CFR 882.408.
is completed, the PHA must inspect the units to be
Page nova form HUD-40085-2 (7/95)
Te0nical Exhibit 1:
Submission: Site Information
Complete this exhibit for each SRO site
A. Address Name&Address of Owner: Telephone number:
Raien Patel (510 ) 524-7699
10203 San Pablo Avenue
E1 Cerrito, CA 94530
Name(if any) &Address of Site: -
Idaho Motel
10203 San Pablo Avenue
El Cerrito, CA 94530
B. Site Control Place an "x" in the box beside the response that Note: An option to purchase or a prelease agreement
describes the owner's form of site control. Attach is sufficient for technical submission purposes,but
a copy of the supporting document to this page. title to the property or other control of the property
Deed (such as a long-term lease) for the term of the HAP
X Executed Contract of Sale Contract is required before an ANAP may be ex-
Prelease Agreement ecuted.
Executed Lease Agreement-Leases must be at least
as long as the 10 year term of the HAP contract.
Executed Option to Purchase
C. Completion Enter the number of calendar days from the date of Note: Conditionally selected applicants should note
Schedule Annual Contributions Contract (ACC) execution that an AHAP must be signed prior to commencing
that each of the activities will take place: rehabilitation on assisted units. If rehabilitation is
completed prior to AHAP execution and the statu-
ACI; - May 1 , 1996 Inspection of units and final feasibility tory requirement that all assisted units require a
analysis, detailed work write-ups and 30 minimum of $3000 HQS-required rehabilitation
cost estimates:
cannot be met,no assistance can be provided for the
Determination of initial base and
contract rents:
I 60 project.
Firm commitments of financing and loan I Corrmit e, nts - 60
closing: Closings - 150
Execution of Agreement to enter into a
Housing Assistance Payments Contract q0
(ANAP): i
Start of rehabilitation activities: 180
Completion of rehabilitation activities: 335
Execution of HAP contract (not to 350
exceed 365 days after ACC execution):
form HUD-40085-2 (7195) Page no:
Technical Exhibit 2:
Submission: Rehabilitation and Financing
Complete this exhibit for each SRO Site
Address of Site:
10203 San Pablo Avenue
El Cerrito, CA 94530
A. Uses of Funds List below all costs of developing the project.
Eligible Ineligible Total
Rehabilitation $485,427 $86,223 $571,650
...............
...........
Acquisition • $1,137,500
Other Costs $196,294 $383,594 $579,887
Total $2,289,037
Note: The conditionally selected applicant must listall costs for developing the project.Rehabilitation costs
should be divided into eligible and ineligible items. Eligible rehabilitation costs may be amortized through the
contractrents.Othereli gible costs include reasonable consultant fees.landscaping,and laundry facilities.Other
ineligible costs include furniture,syndication expenses,and other non-housing costs.
B. Sources of List below all sources of funds to be used for this project. The total sources must
Funds at least equal the total uses listed in section A.
Source Amount Documentation Page No.
Lows Low Income Housing Fund 570,000
Contra Costa CDBG 470,000
Contra Costa HOPWA 230,000
El Cerrito Redevelopment 300,000
Grants
Investor Equity 920,000
Deferred Developer Fees 99,037
Owner's capital
Investor E ui t I920,000
Deferred Developer Fees 99,037
Total
1$2,589.037
C. Documentation Submit copies of written statements of financing from lenders and all other funding sources.
of Sources of Conditionally selected applicants must provide written statements from each source listed. While an
Funds unconditional commitment of financing is not required at this stage,the amount that a funding source is
considering providing must be included in the statement. Additionally, for loans the statement should
include the proposed interest rate and term. qee attached
D. Proposed Provide a detailed description and cost estimate of the proposed rehabilitation to be carried out in each unit
Rehabilitation and in the common areas of the structure. List separately the eligible costs associated with rehabilitation
of the assisted units and the ineligible costs. Only eligible costs may be used to establish contract rents.
form HUD-40085-2 (7/95) Page no:F;]
Technical Exhibit 3: This exhibit assures HUD that the project is financially
Submission: Base and Contract Rent feasible.andassists the conditionally selected applicant
Calculations in determining the appropriate rent to be charged. The
Complete this exhibit for each SRO site information in this exhibit replaces Appendix 31 in
Handbook 7420.3.
Address of Site:
10203 San Pablo Avenue
El Cerrito, CA 94530
A. Total Number of Complete the chart below to indicate the total
Units in the number of units by size in the property to be assisted.
Property
SRO units 28
0 bedroom units
1 bedroom unit 1
2 bedroom units
- —i
3 bedroom units
4 or more bedroom units
Total units 29
-3. Total Units to be Complete the chart below to indicate the number of units to be assisted.
Assisted
SRO units 28 Purpose of the Calculation: (check one)
0 bedroom units Agreement Rents ®Feasibility ry
HAP Contract Rents
(application 2nd
Total units 28 Other: (specify) submission)
C. Base Rent Complete lines I - 5 to calculate the monthly base
Calculation rent. If tenants will not be paying utilities.enter'0'
on line 2.
1.Reasonable Rent j 350
i
2.Allowance for tenant-paid utilities,if any 0
3.Total(line 1 minus line 2) ! .350
4.Maximum Base Rent=O bdrm Existing
FMR X0.75minus allowance fortenant-y 411
paid utilities,if any.
5.Monthly Base Rent for Assigned Unit ; 350
(enter the lesser amount of line 3 or line 4)
D. Maximum Complete lines 6-9 to calculate the maximum con-
Contract Rent tract rent. If tenants will not be paying utilities.
Calculation enter "0" on line 8.
6.0 bdrm Existing FMR X 0.75 411
7.Multiply line 6 by 1.2 493
8.Allowance for tenant-paid utilities,if any
9.Subtract line 8 from line 7 493
The amount on line E13c may not exceed
this amount
form HUD-40085-2 (7/95) Page no:a
Technical Exhibit 3:
Submission Base and Contract Rent
Calculations
(continued)
E. Contract Rent Complete lines 10-13 to demonstrate that eligible
Calculation rehabilitation costs (line 10) are no more than
available sources (line lla) and to calculate the
actual contract rent.
10.Total Eligible Rehab Costs (from Exhibit 2 D) 110• 681,720
11. Sources of Funds for Eligible Rehab Costs and Monthly Debt Service
Complete the chart below to indicate the total amount,rate. term.and monthly
debt service for each source of funding for eligible rehabilitation costs.
Amount Interest Rate j Term Monthly Debt Service
Grants (list below)
Owner's cash
—
Investor Equity 2CO,000 NA I NA NA
Loans (list below)
Low INcarre Housing Fund $532,000 7.57. 1 14 years $5,124
1111aTotal 4 732,000 /j �� /,// 1�/Fl-1b
$5,124
12,Total Monthly Debt Service per Unit(line 1 lb divided by the number of assisted units))12. 183
13, Monthly Contract Rent for Assisted Units
a. Monthly (from line C5) Operating + Reserves, etC 113a. 310
b. Monthly Debt Service per Unit (from line 12) 113b. 183
c. Monthly Contract Rent for Assisted Units (line 13a plus line 13b) 493
This amount may not exceed the amount on line D9. 13c.
Page no:� form HUD-40085-2 (7195)
Suggested Format for Base Rent Documentation
A. Site Information and Proposed Base Rent
1. 10203 San Pablo Avenue, El Cerrito, CA. 94530 98 Assisted Units
Street Address and Apartment Number of Assisted Structure
Single Room Occupancy - Mtel
Type of Structure
Rajen Patel, Idaho Motel, 10203 San Pablo Ave., El Cerrito, CA 94530, 510-524-7699
Name of Owner, Address and Phone Number ,
2 . Total Number of Units to be Assisted: SRO 28
0 BR
3T,
3 . (a) Reasonable Rent
(b) Allowance for tenant-paid 0
utilities, if any
(a) Proposed Base Rent 35G
(Th6 lesser of line a minus line b
or the amount on line B1. )
Note: The recipient and project owner are responsible for
establishing a rent: (i) which provides sufficient
funds to cover ownership, management and maintenance
costs; and (ii) which complies with the limitations
established in sections B and C.
B. Limits on Proposed Rent
1. Fair Market Rent (FMR) Limit 411
(0 BR Section 8 Existing FMR X
.75 minus the allowance for tenant-paid
utilities, if any) . The proposed base
rent on line 3 may not exceed this amount.
1/
i
2 . Is the proposed reasonable rent for the assisted units
on line 1 higher than the rent the owner charges for
comparable unassisted units?
Yes X No
If yes, the proposed rent is not reasonable.
3 . A. Rent for Similar Type Unit $240/week
Terrace Motel
Name of Apartment Complex, if applicable
Motel and SRO Apartments
Type of Structure
10869 San Pablo, Ave, Richmond
Street Address, City, State, Zip Code
Mrs. Chang, 10869 San Pablo, Ricftmnd, 94804, 510-235-8335
Name of Owner, Address, Phone Number
B. Rent for Similar Type Unit $400
Hotel St. James
Name of Apartment Complex, if applicable
Single Roan Occupancy with shared bathroom and kitchen
Type of Structure
19 Cottage St, Richmond, CA 94801
Street Address, City, State, Zip Code
Tum Spencer, PO Box 310, San Anselm, CA 94979 415-454-7500
Name of Owner, Address , Phone Number
C. Rent for Similar Type Unit $350 $375
Tunnel Inn
Name of Apartment Complex, if applicable
SRO
Type of Structure
210 Tunnel Ave, RichTund, CA 94801
Street Address, City, State, zip Code
K&S Managerent, 1035 San Pablo Ave, Suite 12, Albany, CA 94706-2277
Name of Owner, Address, Phone Number
Notes: For item (B) (3) , the recipient must provide at least
three comparable rents. The proposed reasonable rent
on line (A) (3) (a) may not exceed these amounts .
In cases where there are no comparable SRO units,
recipients should identify three unassisted, modestly
designed efficiency units in the area and use 75% of
the rent for each of these units as the comparable
rents.
I hereby certify that the proposed base rent is reasonable .
Rubicon Program, Inc., Mike Farber
Name of Recipient
By: Project Manager 2/28/96
3-g 1#tune Title Date
RUBICON PROGRAMS
I N C O R P O R A T E D
2500 BISSELL AVENUE RICHMOND. CA 94804 = i 1 51 6 • FAX 235-2025 • T T i -800-7352929
March 1, 1996
TO: Allison Manning
FROM: Mike Farber,Project Manager
SUBJECT: Clarification of Rehabilitation and Financing for Idaho Apts.SRO
Thank you for discussing our proposed Idaho Apartments project yesterday.Although we admit the project has evolved a bit
slower than the HUD proposed timelines,the project is coming together well and have many of the key pieces are in place.
As you suggested,this memo is to clarify a few items in the Technical Submission,so that you and other reviewers will fully
understand the project's financial structure.
Rehabilitation Estimates
Attached is the development pro forma for the entire Idaho Apts. SRO project. The pro forma includes an estimate of
construction(hard costs),construction contingency,and all other soft costs related to the project. Because the existing owner
of the project does not have any plans for his building as it exists,our architect is preparing these plans. Once the existing
plans are complete,then the architect will develop schematics which can be used for preliminary cost estimation.These
estimates will be required for our tax credit application due in mid-April.
However,based on walk throughs of the building,previous experience on similar structures,discussion with building
officials,the architect is recommending that only moderate rehabilitation is needing,with an allowance of$17,000 per unit
for hard costs including fire safety systems and disabled access.There are a total to 28 SRO units,a manager's unit and
common area. For the assisted units,we estimate hard costs of$476,000 plus 10%hard cost contingency. This assumes 15%
contractor overhead and profit,and also assumes Davis-Bacon wages are not applicable(federal funds are only being used
for acquisition-have discussed with Contra Costa Community Development Department). Actual rehabilitation costs
incurred last year in a nearly identical project by another nonprofit developer, confirm the appropriateness of the$17,000
hard cost allowance.The remaining funds shown as basic contruction/hard costs are for the manager's unit, and community
space for offices,etc.
Base Rent And Contract Rent
We have performed an analysis of the Single Room Occupancy market in West Contra Costa County. Attached are
worksheets with three comparable buildings. We have actually reviewed about 10 different properties in the area. Market
rate/reasonable rent rate for unassisted units is solidly between$350 to$400/month. We are being conservative and use$350
as the market/reasonable rent.The FMR for O bedroom units was recently at$548,75%(FMR for SRO units) is$411. As a
point of information,many of the local motels rent rooms by the week and by the month.The units they offer are the most
similar to the SRO units we will be developing at the Idaho Apts.project. The rent per week is$210 to$230. The rent per
month is$550 to$790.
Our project has relatively high actual acquisition costs with a purchase price of$1.13 million.However,a combination of
deferred interest CDBG and HOPWA funds and investor equity committed or available to the project will leave us with no
debt service related to acquisition.Therefore, on a month to month basis,we have operating and reserves costs(including the
various property management functions,maintenance,administrative,operating and replacement reserves);we estimate that
these costs are approximately$310 per unit per month. We will also have debt service related to rehabilitation of the assisted
SRO units, and have secured commitments for a short-term construction loan and a take-out/permanent loan from the Low
Income Housing Fund(LIHF), a nonprofit lending agency in the Bay Area. We will borrow approximately$570,000
($532,000 for the assisted units) from LIHF. This equals$19,000 per assisted unit, but includes the costs of providing
sprinklers/smoke detectors. The monthly debt service is$182 per unit.When added together with our operating and reserve
costs, our total cost is$493 per month. We propose that the contract rent for the project should be set at$493. As a further
HOUSING SERVICES COUNSELING SERVICES VOCATIONAL SERVICES
INDEPENDENT LIVING PROGRAM 235-1516 RUBICON DAY CENTER 235-1516 TRAINING AND PLACEMENT SERVICES 235-1516
RUBICON HOMES 235-1516 SYNTHESIS CENTER 236-0796 BUILDING&GROUNDS SERVICE 235-6013
TRANSITIONAL APARTMENTS 5Z8-2119 RUBICON BAKERY AND CATERING 234-3417
A NONPROFIT UNITED WAY COMMUNITY SERVICE AGENCY
point of clarification,we are,of course,planning on charging tenants rent equal to 30%of adjusted income. Since most of
the tenants' incomes will consist of SSI payments,we estimate tenant contribution will about$1751per unit/month. I have
enclosed the project's pro forma(including the development page)and cash flow projections for background.
Fair Market Rate
In December.we applied to several banks for the necessary construction loan and permanent loans.At the time,the FMR for
SRO units was$411.With the addition of the 20%bump for debt service related to eligible rehabilitation costs,our financial
consultants and the banks projected the contract rent at$493 and made their firm commitments based on this amount. Contra
Costa County committed their CDBG and HOPWA funds based on the"gap"after the bank made their commitment.
As I understand it, FMRs have now dropped.The FMR as of February 21, 1996(provided by you)for an SRO is now$386.
the maximum contract rent would be$468.This reduction in rent would cause a reduction in the commitment of the Low
Income Housing Fund.,by about$60,000.Although the project would still be feasible,a large percentage of necessary and
important rehabilitation work would have to be eliminated.Since we have already obtained firm commitments of financing
based on the FMRs in place at that time,we would like to explore the possibility of HUD providing a waiver to adjust the
maximum contract rent.
Rubicon Programs,Contra Costa County,the City of El Cerrito,LIHF,and community leaders are very excited about this
project. We hope this memo provides information that is helpful to you in analyzing our project.Thank you.
Technical Exhibit 4:
Submission: Reform Act Requirements
The following information is required by Public
Law 101-235,Section 102 of the HUD Reform Act.
A. Other Describe the type and amount of other government
Government assistance which is not listed in Exhibit 2,Part 13. In
Assistance addition, if using low income housing tax credits
(LIHTC),historic tax credits(HTC),or other State
or local tax credits,describe the type and amount of
tax credits.
See attached
B. Pecuniary List the name of all parties with a pecuniary interest
Interest in this proposal. NA
C. Tax Credits If.the project will not be using LIHTC or HTC
programs,attach the following certification:
RE: (Project No:)
(Project Name:)
I certify that neither I nor any other representative of the project
identified above currently intends to participate in the LIHTC or HTC
program with regard to the subject project.
If plans change and I or another representative of the project decide
to participate in the LIHTC or HTC programs with regard to the subject
project,I will notify HUD in writing immediately following our decision
to participate.
(Signature & Date)
(Name)
(Title)
Warning: It is acrime to knowingly make false
statements to a federal agency. Penalties upon
conviction can include a fine and imprison-
ment. For details, see Title ld U.S. code,
Sections 1001 and 1010.
Page no: form HUD-40085-2 (7/95)
Discussion of
Reform Act Requirements
Other government assistance. Section 102(d) of Tax credits are a source of project equity because
the HUD Reform Act of 1989 requires that HUD they are sold to investors and that money is invested
ensure that the amount of HUD assistance provided in the project.
to a project is not more than is necessary,taking into pecuniary interest. Conditionally selected appli-
account"other government assistance.- cants using tax credits should disclose who their
Other government assistance is defined to in- investors are if they know at this point. In addition,
clude any loan, grant, guarantee, insurance, pay- any individual or entity who has in equity interest
ment, rebate, subsidy, credit, tax benefit, or any in the project and shares in any profit on resale or any
other form of direct or indirect assistance from the
federal government(other than that requested from distribution of surplus cash must be disclosed.
HUD in the application),a State.ora unit of general
local government,or any agency or instrumentality
thereof,that is,or is expected to be made,available
with respect to the project oractivities for which the
assistance is sought.
Conditionally selected applicants should include
a description under Exhibit 4, Reform Act Require-
ments,of any of the above assistance not described
in Exhibit 2,item B. Conditionally selected appli-
cants should also indicate in Exhibit 4 if they have
been awarded tax credits for the project and the type
and amount.
form HUD-40085-2 (7/95) Page no:
RUBICON PROGRAMS
I N C O R P O R A T E D
2500 BISSELL AVENUE • RICHMOND. CA 94804 • 5,10 235-1 51 6 • FAX 235-2025 • TT 1 -800 7352929
OTHER GOVERNMENT ASSISTANCE
The are several forms of government assistance proposed or committed.to for Rubicon Idaho Apartments SRO Project. These
forms include:
1. Community Development Block Grant: Contra Costa County has committed$470,000 of CDBG funds to the
project. The funds are provided with a 4%interest rate. Principle and interest payments will be deferred for the life of the
project(expected to be 55 years). Principle and interest are due on sale of the project or if the project no longer fulfills its
purpose of providing housing for very low income people.Funds will be used solely for acquisition of the property. See
attached Board order from Contra Costa County Board of Supervisors.
2. Housing for People With AIDS(HOPWA):Contra Costa County has tentatively committed$230,000 of CDBG
funds to the project(final commitment to be made on March 19, 1996).The funds are provided with a 4% interest rate.
Principle and interest payments will be deferred for the life of the project(expected to be 55 years). Principle and interest are
due on sale of the project or if the project no longer fulfills its purpose of providing housing for very low income people with
AIDSIHIV. Funds will be primarily used for acquisition of the property and other predevelopment expenses. See attached
commitment letter.
3. Tax Credits: Rubicon is applying for an allocation of federal and state tax credits through the California Tax Credit
Allocation Committee(TCAC).Annual allocation is projected at$122,000.Net equity investment is projected at$920,000.
Applications are due on April 15. See attached letters from Richard Gross, Senior Associate at Devine and Gong, and letter
from Rick Lowry, Program Analyst at TCAC.
HOUSING SERVICES COUNSELING SERVICES VOCATIONAL SERVICES
INDEPENDENT LIVING PROGRAM 235-1516 RUBICON DAY CENTER 235-1516 TRAINING AND PLACEMENT SERVICES 235-1516
RUBICON HOMES 235-1516 SYNTHESIS CENTER 236-0796 BUILDING&GROUNDS SERVICE 235-6013
TRANSITIONAL APARTMENTS 528-21 11 RUBICON BAKERY AND CATERING 234-3417
A NONPROFIT UNITED WAY COMMUNITY SERVICE AGENCY
.,`.,, t .�. �., .. u,xu.�,a.,.,u si �-�. -JrJ 1 •G7Cli1 Jtitr rtt,-i,r..i,��u. Ute"' �tU [.�� Gil���� �!
DEVINE GONG, INC. 160 SArtwmc Strcrt, 7th Fl. Francisco. CA 44164 •its 789.7985 fAX 95fi.fi$84
February 27, 1996
Ms. Allison Manning
Program Manager
Office of Special Needs Assistance
U.S. Department of Housing and Urban Development
Washington, D.C.
Dear Ms. Manning,
Devine and Gong, Inc. has been retained by Rubicon Programs, Inc. as the financial
and syndication consultant for the Idaho Motel project. Devine and Gong is one of the
country's preeminent Low income Housing Tax Credit consulting firms. Since 1987,
DGI has been retained by the National Equity Fund, Inc. to provide consulting services.
Through our relationship with NEF, we have raised over $249 million in corporate
investment capital for NEF's California funds and have placed this capital in over 90
development projects representing over 4,100 units of affordable housing.
We have analyzed the Idaho project and believe that it can conservatively attract
approximately $926,000 in limited partner investment capital_ This estimate is the
result of our analysis of estimated income and expenses, other sources of capital and
the competitiveness.of the project for and allocation of tax credits.
Please feel free to call me if you have any questions.
Sincerely,
J
Richard Gross
Senior Associate
J':iv a. ..Ut:4 .:.6Ch1.K.l JI.V. �•1—
J1U LJJ ,.U..3• 4( �
.✓uu.L.J.....a.a 7
TAx CRED I T ALLOLAT I ON COI'T11 i 1 L 415 956 62PA rlo.0...c
. DIM
STATE OF CAL1rUNN1A
CALIFORNIA TAX CREDIT ALLOCATION COMMfTTEE
of a C^a1Tol MA,LL,A00M re6
P.O.60X 042909
SACRAMENTO. CA 94709.0001
TEUP140NE! (9161664-6346
FAX: (9115)654-603A IucusE�s:
00114ld P.Mvady Mat fanc chmirma"
lrecurire wuretor State 0484wer
mus"ll Gould
OimcTnr of ftnenee
thlpn Connell
i saw cam'Oomr
February 28. 1998
Michael Farber
Rubicon Programs, Inc.
2500 6lssell Avenue
Richmond CA 94804
Dear Mr. Farber.
This letter is to confirm the following items:
1. Thee next application deadline for tax credits is April 28,1996,
2. There will be approximately$15,000,000 available for qualifying project» in the
upcoming round.
3. SROs are a priority under the approved Qualified Allocation Plan,
4. Rubicon Programs, Inc. has been previously awarded tax credits for the Church
. Lane project.
I hope this provides you with the Information you need.
Sincerely,
I
Rick Lowry
Prlogoam Analyst
I
i
i
EXHIBIT "B"
Breakdown
1 Demolition $ 40,000-00
2 Gradin $ 5,000.00
3 Concrete Paving & Flatwork $ 25 000.00
4 As halt Concrete $ 5,000.00
5 Mason $ 4,000.00
6 Metals $ 20,520.00
7 1 Rough carpentry $ 17 480.00
8 I Finish carpentry. $ 4,607.00
91Waterproofing $ 2,000.00
10 Insulation $ 2,000-00
111 Roofing $ 13 000.00
12 Sheet Metal $ 4,400.00
131 Doors $ 24,000-00
14 Windows $ 9,500-00
15 Lath & Plaster $ 10 000.00
16 Gypsum wallboard $ 20,000-00
17 Ceramic Tile $ 12,000.00
18 Resilient flooring $ 7,843.00
19 Carpeting $ 12,729.00
20 Painting " $ 38,790.00
211 Specialties $ 12 500.00
22 Cabinets $ 11 000.00
23 liances $ 6,500-00
24 1 Unit Kitchens $ 25 000.00
25 Blinds $ 6,000.00
261PIumbing & Hot Water $ 85 000.00
27 1 Heating &Ventilation $ 15,000-00
28 Electrical $ 132,000-00
29 Fencing & gates $ 1,500.00
30 Landsca in
31 Irrigation
32 Subtotal $ 572,369.00
33
34 Contin enc
35 General Requirements $ 13 400.00
36 Overhead $ 29 289.00
37 Profit $ 29 289.00
38 Performance Bond $ 16,109-00
39 Other
40 Total S 660,456.00
F"T—PaInting
Flooring as per BI he&Assoc. samples
bid as two coat instead of 3 coat./interior& exterior
t
PROJECT MANUAL
THE IDAHO APARTMENTS
10203 SAN PABLO AVENUE
EL CERRITO, CA 94530
FOR
RUBICON PROGRAMS, INC.
March 7, 1997
Revised May 23, 1997
KODAMA
A S S O C I A T E S
f�-
Architects and Planners
1701 Montgomery Street
San Francisco 94111
4 15 1 2 9 6 1 1 4 4
F A X 1 2 9 6 1 1 3 3
t
6AL�BdL?A SANDERS AND ASSOCIATES
USA EP.O. 10X 2721,!
Orldwid C�. Mi02 lu:! 1
510?61-Ow FAX 310 626-2503
i � N
Ml
Fax Transmittal Sheet
Date: Z (Z(,o
Frorm. 65A
TO: Dov-u;ne-
Fax Number:
Re9p9 rdln : To aro - DArtc
i
Number of pages (including this sheet):3 '
Note: It any of these fax copies are illegible, or you do not receive
the same number of pages as stated above, please contact us im-
mediately at:
Bid Invitation for Rehabilitation of Idaho Motel, 10203 San Pablo Avenue, EI Cerrito,
Idaho Apartments Associates, a non-profit corporation created by Rubicon Programs,
Inc., seeks a General Contractor to perform extensive rehabilitation and reconfiguration
of a 28 unit residential property located at 10203 San Pablo Avcnuc, Incated between
San Jose Avenue and El Dorado Street. The project is funded by Contra Costa County
CDBG and HOPWA funds, City of El Cerrito Redevelopment funds, Califtunia Equity
Fund, and the Low Income Housing Fund, in order to provide affordable permanent
SRO housing for formerly homeless low income disabled individuals. The Development
Team wW consist of Kodama and Associates, Architects; BSA, pcvelopment Consultant;
Idaho Apartments Associates, owner, and the General Contractor. Construction
supervision will be provided by the Low Income Housing Fund, as well as by BSA.
The Proien
The existing motel, currently 28 units plus a large manager's unit, will need (partial list):
• Replacement of current electrical system
• Ramping for disabled access
• Replacement of windows
• Roof replacement/repair
• Reconfiguration of some walls, doorways, doors, etc. allowing for accessibility
• Plumbing and mechanical work, including wall heater replacement, water hcutcrs
• Attic and wall insulation
• Installation of fire sprinklers in community rooms, hardwired smoke detectors in all
units
• Regradq courtyard for drainage/ new concrete and asphalt paving
• New auto and person gates
• Interior and exterior painting and carpeting
• T -nAscapm8
Procedure for Bidding,
Interested, qualified general contractors should contact the Richmond Blue Print and
Lkho Co. in advance at (510) 234-2632 to request a copy of project manual and
bhwprmts, which will be available beginning March 7. There will be a $40 non-refundable:
fee for reproduction with checks made payable: to Richmond Blue Print.
Bids and letters of interest, including previous relevant experience and reference• should
be received by 5 PM, Friday, March 28, 1997 at:
y
Rubicon Programs, Inc.
2500 Bissell Avenue
Richmond, CA 94804
Questions regarding the project should be directed to: Barbara Sanders 510-261-9509 �,
S
C
Biel Imitation Page 2
During the bid period, a walk through of the property will be scheduled (date and time
to be arranged and contractors notified by phone and/or fax).
Owner is not obligated to contract with lowest bid. Interviews will be held with selected
contractors to negotiate price and terms, discuss previous work and qualifications% and
further 4lain the scope of work. These interviews will be scheduled on Wedncsday,
April 4, 1:997, The contractor selection will be completed by April 7, 1997, with value
engineering and contract negotiation to be completed by April 23 and work to commence
by May 1, 1997 with anticipated completion in 6 months.
The project requires a performance bond and at least S1 million in insurance.
Please note that the project will be going in for building permit simultaneously and uric
changes may required in the plans and sped. We expect to work with the selected
contractor on value engineering and the changes that may be required by the City.
MBE and WBE contractors are encouraged to submit a bid.
Please nate that Davis - Bacon wages will be in effect on this project and your bids
should reflect this.
i
PROJECT MANUAL
INCLUDING SPECIFICATIONS
THE IDAHO APARTMENTS IMPROVEMENTS
10203 San Pablo Avenue
E1 Cerrito, CA 94530
KODAMA ASSOCIATES
Architects and Planners
OWNER:
By: Date:
Idaho Apartments Associates,
a California Limited Partnership
LENDER:
By: Date:
CONTRACTOR:
By: Date:
BONDING:
By: Date:
ARCBITECT� DESIGN & SUPERVISION:
By: Date:
Kodama Associates, Architects and Planners
REPAIR SCHEDULE: UNIT #1
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT CLEAN, SEAL CABINETS
REFRIGERATOR REPLACE
STOVE/RANGE CLEAN AND REPAIR
RANGE HOOD ADD DUCTLESS FAN WITH NEW 24"UPPER CAB.
NEW KITCHEN UNIT NONE
KITCHEN WINDOW REPLACE WINDOW AND INTERIOR SILL, REMOVE BARS
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET NONE
NEW CLOSET DOORS NONE
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RETAIN EXISTING
BATHTUB,GRABBARS, SEAT
SHOWER PAN RETAIN EXISTING
SHOWER SURROUND REPLACE
GYP WALLBOARD IN BATH REPAIR WATER & MOLD DAMAGE
BATHROOM WINDOW CLEAN
EXHAUST FAN IN BATH
OTHER REPAIRS: REPLACE WALL HEATER
REPAIR KNIFE MARKS IN INT. DOOR TRIMS AND WALLS
REMOVE, DO NOT REPLACE DOOR TO KITCHEN
REMOVE ALL WINDOW BARS
REMOVE WALL BETWEEN BEDROOM AND LIVING AREA
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 Montgomery Street
San Francisco, CA 94111
(415)296-1144
5/28/97
REPAIR SCHEDULE: UNIT #2A
UNIT ENTRY DOOR NEW 3'-0' ENTRY DOOR
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT NONE
REFRIGERATOR NEW UNDERCOUNTER
STOVEtRANGE MICROWAVE
RANGE HOOD NONE
NEW KITCHEN UNIT EFFICIENCY UNIT
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW RE-FRAME, REPLACE
NEW CLOSET YES
NEW CLOSET DOORS YES
BATHROOM FLOORING CLEAN AND REPAIR CERAMIC TILE
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RETAIN EXISTING
BATHTUB, GRABBARS, SEAT
SHOWER PAN CLEAN EXISTING
SHOWER SURROUND CLEAN AND RE-SEAL EXISTING
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW CLEAN
EXHAUST FAN IN BATH NO, EXISTING OPERABLE WINDOW
OTHER REPAIRS:
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
REPAIR SCHEDULE: UNIT #213
UNIT ENTRY DOOR NEW
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT CLEAN, STAIN, SEAL CAB'S. NEW STEEL PANEL ® STOVE
REFRIGERATOR CLEAN, RETAIN EXISTING
STOVE/RANGE REPLACE
RANGE HOOD ADD NEW DUCTLESS FAN &24' UPPER CAB @ STOVE
NEW KITCHEN UNIT NO
KITCHEN WINDOW REPLACE
SLEEPING ROOM WINDOW FIRE RATED EGRESS WINDOW WITH FUSIBLE LINK
NEW CLOSET YES
NEW CLOSET DOORS YES
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY NEW
BATHTUB, GRABBARS, SEAT NEW, NO GRAB BARS OR SEAT
SHOWER PAN NONE
SHOWER SURROUND NEW RFP BATH SURROUND
GYP WALLBOARD IN BATH NEW
BATHROOM WINDOW NONE
EXHAUST FAN IN BATH NEW EXHAUST FAN, SWITCHED WITH LIGHT
OTHER REPAIRS:
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO,CA 94111
415.296.1144
5/28/97
Page 1
REPAIR SCHEDULE: UNIT #3
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM SEE"OTHER REPAIRS'
EXISTING KITCHEN UNIT RETAIN EXIST CAB, ADD NEW FACE FRAME AND DOOR
REFRIGERATOR CLEAN AND RE-USE EXISTING
STOVEIRANGE REPLACE EXISTING
RANGE HOOD ADD NEW DUCTLESS FAN &24" UPPER CAB 0 NEW STOVE
NEW KITCHEN UNIT NO
KITCHEN WINDOW EXISTING, NO CHANGE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RETAIN EXISTING LAV
BATHTUB, GRABBARS, SEAT NO
SHOWER PAN RETAIN EXISTING
SHOWER SURROUND CLEAN AND SEAL TILE
GYP WALLBOARD IN BATH REPAIR MOLD AND WATER DAMAGE MINIMUM
BATHROOM WINDOW CLEAN EXISTING
EXHAUST FAN IN BATH
OTHER REPAIRS: CUT INSPECTION HOLE IN SUBFLOOR
TO LOOK AT FRAMING UNDER SHOWER PAN.
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REP�MR SCHEDULE: UNIT #4
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM REPLACE
EXISTING KITCHEN UNIT REMOVE
REFRIGERATOR UNDERCOUNTER
STOVE/RANGE MICROWAVE --
RANGE HOOD NO
NEW KITCHEN UNIT EFFICIENCY UNIT
KITCHEN WINDOW EXISTING, NO CHANGE
SLEEPING ROOM WINDOW INFILL AT NORTH WALL, REPLACE EXIST. AT SOUTH WALL
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT
SHOWER PAN NEW
SHOWER SURROUND NEW
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: FRAMING REPAIRS UNDER BATHROOM, MAY EXTEND TO
KITCHEN.
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #5
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM REPLACE
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVEIRANGE MICROWAVE
RANGE HOOD NONE
NEW KITCHEN UNIT EFFICIENCY UNIT
KITCHEN WINDOW NO
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO, POLE AND SHELF ONLY, MOUNTED ON WALL
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT
SHOWER PAN NEW
SHOWER SURROUND NEW
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW INFILL
EXHAUST FAN IN BATH NEW EXHAUST FAN SWITCHED WITH LIGHT
OTHER REPAIRS: REPAIR DRY ROT UNDER SHOWER PAN
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #6
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVE/RANGE MICROWAVE
RANGE HOOD NONE
NEW KITCHEN UNIT EFFICIENCY UNIT
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN AND SEAL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RETAIN EXISTING
BATHTUB, GRABBARS, SEAT NO
SHOWER PAN CLEAN AND RE-SEAL EXISTING
SHOWER SURROUND CLEAN AND RE-SEAL EXISTING
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW CLEAN
EXHAUST FAN IN BATH
OTHER REPAIRS: ADD MIRROR TO EXISTING MEDICINE CABINET
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #7
UNIT ENTRY DOOR RETAIN, RE-PAINT
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT CLEAN, REPAIR, RETAIN
REFRIGERATOR CLEAN & RE-USE
STOVEIRANGE REPLACE
RANGE HOOD NEW 24' UPPER CAB WITH DUCTLESS RANGE HOOD
NEW KITCHEN UNIT NO
KITCHEN WINDOW REPLACE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN &SEAL EXISTING CERAMIC TILE FLOOR
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY EXISTING, NO CHANGE
BATHTUB, GRABBARS, SEAT NO
SHOWER PAN CLEAN &SEAL EXISTING
SHOWER SURROUND CLEAN AND SEAL EXISTING
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW CLEAN
EXHAUST FAN IN BATH NO
OTHER REPAIRS: CLEAN ALL EXISTING MOLD DAMAGE FROM EXISTING WALLS
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #8
UNIT ENTRY DOOR NEW, WIDEN DOORWAY
SUB FLOOR AT BATHROOM CHECK FOR DRY ROT
EXISTING KITCHEN UNIT NONE
REFRIGERATOR NEW
STOVE/RANGE MICROWAVE
RANGE HOOD NONE "
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW N.A.
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS YES
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY NEW, ACCESSIBLE
BATHTUB, GRABBARS, SEAT YES
SHOWER PAN NO
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS:
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #9
UNIT ENTRY DOOR NEW,WIDEN DOOR OPENING
SUB FLOOR AT BATHROOM CHECK FOR DRY ROT
EXISTING KITCHEN UNIT NONE
REFRIGERATOR NEW -
STOVEJRANGE MICROWAVE
RANGE HOOD NO
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW N.A.
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY NEIN, ACCESSIBLE
BATHTUB, GRABBARS, SEAT NEW
SHOWER PAN NO
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS:
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #10
UNIT ENTRY DOOR NEW DOOR AND DOOR OPENING
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT REMOVE ALL
REFRIGERATOR NEW 24'WIDE
STOVEIRANGE NEW, SELF-CLEANING
RANGE HOOD NEW
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW REPLACE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET YES
NEW CLOSET DOORS YES
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY NEW, ACCESSIBLE
BATHTUB, GRABBARS, SEAT NEW
SHOWER PAN NO
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS:
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #11
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM N.A.
EXISTING KITCHEN UNIT CLEAN, REPAIR AND RE-USE
REFRIGERATOR CLEAN, REPAIR AND RE-USE
STOVE/RANGE CLEAN, REPAIR AND RE-USE
RANGE HOOD N.A.
NEW KITCHEN UNIT NO
KITCHEN WINDOW EXISTING, NO CHANGE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN CLEAN AND SEAL
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH PATCH WHERE WATER DAMAGED
BATHROOM WINDOW EXISTING, REPLACE SCREEN
EXHAUST FAN IN BATH NO
OTHER REPAIRS: REMOVE KITCHEN DOOR
REPLACE HARDWARE ON BATHROOM DOOR
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #12
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM N.A.
EXISTING KITCHEN UNIT REMOVE
REFRIGERATOR UNDERCOUNTER
STOVEIRANGE MICROWAVE
RANGE HOOD NO
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW EXISTING, NO CHANGE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL `
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN CLEAN AND SEAL
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH REPAIR AT WATER OR MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: NEW ESCUTCHEONS ON SHOWER CONTROLS
REPLACE BATH DOOR HARDWARE
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO,CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #14
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM N.A.
EXISTING KITCHEN UNIT REMOVE, DO NOT DAMAGE KITCHEN FLOOR
REFRIGERATOR UNDERCOUNTER -
STOVE/RANGE MICROWAVE
RANGE HOOD NO
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW EXISTING, NO CHANGE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING EXISTING
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN CLEAN AND SEAL
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: RETAIN KITCHEN VINYL FLOOR
NEW MIRROR ON MEDICINE CABINET
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #15
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM N.A.
EXISTING KITCHEN UNIT REMOVE
REFRIGERATOR UNDERCOUNTER
STOVE/RANGE MICROWAVE
RANGE HOOD NO
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW EXISTING, NO CHANGE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON TOILET
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN NEW
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: REPAIR BATH DOOR HARDWARE
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #16
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM N.A.
EXISTING KITCHEN UNIT REPAIR &RE-USE. NEEDS BURNER RINGS
REFRIGERATOR CLEAN EXISTING
STOVE/RANGE REPAIR & RE-USE
RANGE HOOD NONE
NEW KITCHEN UNIT NO
KITCHEN WINDOW EXISTING, NO CHANGE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN EXISTING
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN NEW
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, REPAIR OPERATOR
EXHAUST FAN IN BATH NO
OTHER REPAIRS: KITCHEN SHEET VINYL CAN BE RETAINED AND RE-USED
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
r
REPAIR SCHEDULE: UNIT #17
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM N.A.
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVE/RANGE MICROWAVE
RANGE HOOD NO
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW EXISTING, NO CHANGE
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN EXISTING
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN CLEAN AND SEAL
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: EXISTING BEDROOM WILL BECOME KITCHEN.
COVER KITCHEN WALLS WITH GYPSUM WALLBOARD
REMOVE BARS AT WINDOWS
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #18
UNIT ENTRY DOOR NEW, WIDEN OPENING
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVEIRANGE MICROWAVE
RANGE HOOD NO
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET YES
NEW CLOSET DOORS YES
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY NEW
BATHTUB, GRABBARS, SEAT NEW
SHOWER PAN N.A.
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR
BATHROOM WINDOW NONE
EXHAUST FAN IN BATH YES, SWITCHED WITH LIGHT
OTHER REPAIRS:
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #19
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM N.A.
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVEIRANGE MICROWAVE
RANGE HOOD NO
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET YES
NEW CLOSET DOORS YES
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY NEW
BATHTUB, GRABBARS, SEAT NEW
SHOWER PAN N.A.
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR
BATHROOM WINDOW NONE
EXHAUST FAN IN BATH YES, SWITCHED WITH LIGHT
OTHER REPAIRS:
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #20
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM N.A.
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVEIRANGE MICROWAVE
RANGE HOOD NO
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET YES
NEW CLOSET DOORS YES
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY NEW
BATHTUB,GRABBARS, SEAT NEW
SHOWER PAN N.A.
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS:
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
512$!97
REPAIR SCHEDULE: UNIT #21
UNIT ENTRY DOOR EXISTING
SUB FLOOR AT BATHROOM N.A.
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVEIRANGE MICROWAVE
RANGE HOOD NO
NEW KITCHEN UNIT EFFICIENCY UNIT
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN AND SEAL EXISTING
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN CLEAN AND SEAL
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: REPAIR CRACK IN GYP. WALLBOARD AT CEILING
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO,CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #22
UNIT ENTRY DOOR EXISTING
SUB FLOOR AT BATHROOM REPAIR DRY ROT AT SUBFLOOR
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVE/RANGE MICROWAVE
RANGE HOOD NONE
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN NEW
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS:
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #23
UNIT ENTRY DOOR EXISTING
SUB FLOOR AT BATHROOM REPAIR DRY ROT AT SUBFLOOR
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVEIRANGE MICROWAVE
RANGE HOOD NONE
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING,NO CHANGE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY REUSE EXISTING
BATHTUB,GRABBARS, SEAT N.A.
SHOWER PAN NEW
SHOWER SURROUND NEW FRP PANELS
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: REPAIR CRACK IN GYP.WALLBOARD AT CEILING
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO,CA 94111
415.296.1144
Page Page 5/28/97
REPAIR SCHEDULE: UNIT #24
UNIT ENTRY DOOR EXISTING
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVE/RANGE MICROWAVE
RANGE HOOD NONE
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN AND RE-USE EXISTING
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN CLEAN AND SEAL
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: REPAIR CRACK IN GYP. WALLBOARD AT CEILING
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #25
UNIT ENTRY DOOR EXISTING
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVE/RANGE MICROWAVE
RANGE HOOD NONE
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN AND RE-USE EXISTING
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN CLEAN AND SEAL
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: REPAIR CRACK IN GYP. WALLBOARD AT CEILING
ADJUST SHOWER DOOR
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #26
UNIT ENTRY DOOR REPLACE
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVE(RANGE MICROWAVE
RANGE HOOD NONE
NEW KITCHEN UNIT SEE ELEVATIONS.
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN AND RE-USE EXISTING
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN CLEAN AND SEAL
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: REPAIR CRACK IN GYP.WALLBOARD AT CEILING
NEEDS NEW SHOWER DOOR
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
REPAIR SCHEDULE: UNIT #27
UNIT ENTRY DOOR EXISTING
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVEIRANGE MICROWAVE
RANGE HOOD NONE
NEW KITCHEN UNIT SEE ELEVATIONS
KITCHEN WINDOW NONE
SLEEPING ROOM WINDOW EXISTING, NO CHANGE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN AND RE-USE EXISTING
BATHROOM TOILET RE-USE EXISTING
BATHROOM LAVATORY RE-USE EXISTING
BATHTUB, GRABBARS, SEAT N.A.
SHOWER PAN CLEAN AND SEAL
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH REPAIR WATER AND MOLD DAMAGE
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: REPAIR CRACK IN GYP. WALLBOARD AT CEILING
NEEDS NEW SHOWER DOOR
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO, CA 94111
415.296.1144
5/28/97
Sheetl 1
REPAIR SCHEDULE: UNIT #28
UNIT ENTRY DOOR NEW DOOR AND OPENING
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT CLEAN, REPAIR AND RE-USE
REFRIGERATOR NEW 24'MODEL -
STOVElRANGE NEW 24'MODEL
RANGE HOOD CLEAN AND RE-USE EXISTING
NEW KITCHEN UNIT NO
KITCHEN WINDOW N.A.
SLEEPING ROOM WINDOW REPLACE
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING NEW SHEET VINYL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY REUSE EXISTING, REPAIR LEAKY FAUCET
BATHTUB, GRABBARS, SEAT CLEAN AND REUSE EXISTING, NO BARS OR SEAT
SHOWER PAN NO
SHOWER SURROUND REUSE EXISTING
GYP WALLBOARD IN BATH REPAIR IF REQUIRED
BATHROOM WINDOW EXISTING, NO CHANGE
EXHAUST FAN IN BATH NO
OTHER REPAIRS: REMOVE EXISTING ACCESS DOOR AND STAIR.
IDAHO APARTMENTS
KODAMA ASSOCIATES
1701 MONTGOMERY STREET
SAN FRANCISCO,CA 94111
415.296.1144
5/28/97
Sheet13
REPAIR SCHEDULE: UNIT #29
UNIT ENTRY DOOR NEW DOOR
SUB FLOOR AT BATHROOM
EXISTING KITCHEN UNIT NONE
REFRIGERATOR UNDERCOUNTER
STOVE/RANGE NONE
RANGE HOOD NONE
NEW KITCHEN UNIT EFFICIENCY UNIT
KITCHEN WINDOW N.A.
SLEEPING ROOM WINDOW CLEAN AND RE-PAINT
NEW CLOSET NO
NEW CLOSET DOORS NO
BATHROOM FLOORING CLEAN AND SEAL
BATHROOM TOILET NEW 1.6 GALLON
BATHROOM LAVATORY REUSE EXISTING
BATHTUB, GRABBARS, SEAT CLEAN AND REUSE EXISTING, NO BARS OR SEAT
SHOWER PAN NO
SHOWER SURROUND CLEAN AND SEAL
GYP WALLBOARD IN BATH REPAIR MOLD AND WATER DAMAGE
BATHROOM WINDOW CLEAN AND RE-PAINT
EXHAUST FAN IN BATH NO
OTHER REPAIRS: CAP OFF EXISTING HEATER DUCTS.
Pagel
EXHIBIT "C"
NOT APPLICABLE
EXHIBIT "D"
UNIT IDENTIFICATION:
For the Idaho Apartments, all contract units (Nos. 1-28):
• Are Studios
• Have the same address:
10203 San Pablo Avenue
El Cerrito,. CA 94530
An additional 29`h unit (not part of the contract) is:
• For the resident manager
• Has one bedroom
RENTS
Initial Contract Rent is: $493.
Initial Base Rent is: $411
7 �p
EXHIBIT "E"
i U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 MODERATE REHABILITATION PROGRAM
FOR SINGLE ROOM OCCUPANCY DWELLINGS
FOR HOMELESS INDIVIDUALS
PART I
HOUSING ASSISTANCE PAYMENTS CONTRACT
TABLE OF SECTIONS
1.1 PURPOSE OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 EFFECTIVE DATE AND TERM OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Paragraphs A & B for non-staged completion:
A Effective Date of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Term of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Paragraphs A & B for staged completion:
A Contract Anniversary Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Term of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
C. Rehabilitation Loan Term and Amortization
Amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
D. Applicability of Special Rent Adjustment
Procedure Where Debt Service Is Not Feed . . . . . . . . . . . . . . . . . . . . . . . . . 3
13 CONTENT'S OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A. Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
B. Applicability of Contract Part II
Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.4 HUD REQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1S COMPLETION OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.6 LEASING OF CONTRACT UNITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
A. Selection of Tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
B. Security Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
C. Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.7 RENT; HOUSING ASSISTANCE PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A. Amount of Initial Contract Rent and
Base Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B. Adjustment to Compensate for Related
Governmental Assistance . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 7
G Portion of Contract Rent Paid by
Assisted Individual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
D. Housing Assistance Payment to Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
E. Termination of Assistance for Individual . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.8 RENT ADJUSTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
A. Annual and Special Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
B. Implementation of Rent Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. Contract Rents at End of Rehabilitation
Loan Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
D. Rent Adjustment Where Debt Service Is Not
Fixed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
E. Change in Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
1.9 VACANCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
A. Vacancies during Rent-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
B. Vacancies after Rent-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
C. Payment from Other Sources for Vacant Units . . . . . . . . . . . . . . . . . . . . . . . 13
1.10 MAINTENANCE, OPERATION AND INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
A. Maintenance and Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
B. Fire and Safety Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
C- Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1.11 LEASE AND TERMINATION OF TENANCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
A. Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
B. Termination of Tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
C. Eviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
D. Notice to PHA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1.12 NOTICE OF CONTRACT TERMINATION BY OWNER . . . . . . . . . . . . . . . . . . . . . . . . . 14
1.13 REDUCTION OF NUMBER OF UNITS COVERED BY CONTRACT . . . . . . . . . . . . . . . . 14
A. Limitation on Leasing to Ineligible Persons . . . . . . . . . . . . . . . . . . . . . . . . . 14
B. Reduction of Number of Contract Units . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
C. Restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
1.14 PHA AND HUD ACCESS TO PREMISES AND OWNER RECORDS . . . . . . . . . . . . . . . . 15
1.15 RIGHTS OF HUD IF PHA DEFAULTS UNDER CONTRACT . . . . . . . . . . . . . . . . . . . . . 15
1.16 REMEDIES OF PHA FOR OWNER BREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
A. Nature of Breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
B. Exercise of Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
C. Remedies Not Exclusive and Non-Waiver of
Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1.17 CONFLICT OF INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
A. Interest of Members, Officers or Employees
of PHA, Members of Local Governing Body or
Other Public Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
B. Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
1.18 INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS . . . . . . . . . . . . . . . . . . . 17
1.19 TRANSFER OF THE CONTRACT OR PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
A. PHA Consent to Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
B. Procedure for PHA Acceptance of Transferee . . . . . . . . . . . . . . . . . . . . . . . . 18
C. Pledge of Contract As Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
1.20 DEBARMENT OR SUSPENSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
1.21 U"ROPER SELECTION OF UNITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
1.22 PHA AND OWNER RELATION TO THIRD PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . 18
A. Injury Resulting from Owner Action or
Failure to Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
B. Legal Relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
C. Exclusion of Third Party Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
D. Exclusion of Owner Claims Against HUD . . . . . . . . . . . . . . . . . . . . . . . . . . 19
1.23 NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
1.24 NONDISCRME NATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
A. Prohibition of Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
B. Impermissible Bases for Denial of Assistance . . . . . . . . . . . . . . . . . . . . . . . . 19
C. Compliance with Requirements Under
Ilse Fair Housing Act, Executive Order 11063
and Title VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
D. Prohibition of Discrimination Based on
Age or Handicap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
E Minority and Women's Business Enterprises . . . . . . . . . . . . . . . . . . . . . . . . . 20
F. Employment Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
G. Cooperation in Equal Opportunity
Compliance Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
1.25 NATIONAL ENVIRONMENTAL POLICY ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
1.26 LOBBYING CERTIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
A. Use of Federally Appropriated Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
B. Use of Other Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
G Inclusion of Certification Language in
Award Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
D. Effect of Certification; Failure to Certify . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1.27 ENTIRE AGRFJE34ENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
AgreementJContract Number:
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
SECTION 8 MODERATE REI-JABILITATION PROGRAM
FOR SINGLE ROOM OCCUPANCY DWELLINGS
FOR HOMELESS INDIVIDUALS
PART I
HOUSING ASSISTANCE PAYMENTS CONTRACT
This Housing Assistance Payments Contract ("Contract') is entered into between the
Housing- Authority of the Count-, of Contra ocsta
(-PHA7), and
_ The Idaho Apartments Associates, a California united Partnership
("Owner-).
1.1 PURPOSE OF CONTRACT
A. 'Ile PHA is a public housing agency as defined in the United States Housing Act of 1937
(42 U.S.C. 1437 et §0.). The PHA and the Owner have entered this Contract under the
Section 8 Moderate Rehabilitation Program for Single Room Occupancy ('SRO") Dwellings
for homeless individuals. The purpose of the program is to provide Section 8 rental
assistance for homeless individuals in rehabilitated SRO housing.
B. The Owner and the PHA previously entered into an Agreement to Enter into Housing
Assistance Payments Contract ("Agreement'). The Owner agreed to rehabilitate dwelling
units for occupancy by eligible individuals. The Agreement provides that the Owner and
the PHA will enter into a Housing Assistance Payments Contract when rehabilitation of the
units is completed by the Owner in accordance with the Agreement. The Owner has
certified that the units have been rehabilitated in accordance with the Agreement.
G The PHA will make housing assistance payments to the Owner in accordance with this
Contract, for a unit ('Contract Unit') under lease, in accordance with the U.S. Department
of Housing and Urban Development ('HUD') requirements, by a homeless or non-
homeless individual who is eligible for assistance under the program. Funds for housing
assistance on behalf of eligible individuals are provided by HUD under an Annual
Contributions Contract ('ACC) between HUD and the PHA
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?PART: HOUSING ASSISTANCE PAYMENTS CONTRACT
1.2 EFFECTIVE DATE AND TERM OF CONTRACT
[Check one box for applicable paragraphs A and B.]
Provisions for non-staged completion:
[X] The following paragraphs A and B are applicable if the Contract Units are not to be
completed and accepted in stages.
A. Effective Date of Contract
The effective date of this Contract is:
This date must be no earlier than the date of PHA final inspection and acceptance of the
Contract Units and related facilities, and no later than twelve months after the execution
date of the ACC-
B.
CGB. Term of Contract
1. During the Contract term, the PHA must make housing assistance payments to the
Owner in accordance with this Contract for Contract Units under lease to eligible
individuals.
2. The initial term of the Contract begins on the effective date of the Contract and ends
ten years from that date.
3. The PHA has the option to renew the Contract for an additional ten year term, if
funds are available for the renewal To exercise the right to renew, the PHA must
give the Owner written notice of the Contract renewal no later than one hundred and
twenty days before expiration of the initial Contract term.
Provisions for staged completion:
[ ] The following paragraphs A and B are applicable if the Contract Units are to be completed
and accepted in stages.
A. Contract Anniversary Date
For the purpose of determining annual rent adjustments pursuant to Section 1.8 of this
Contract, the anniversary date of the Contract with respect to the Contract Units included
in Stage 1 is the anniversary date for all Contract Units.
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PART I: HOUSING ASSISTANCE PAYMENTS CONTRACT
B. Term of Contract
1. During the Contract term for each stage, the PHA must snake housing assistance
payments to the Owner in accordance with this Contract for Contract Units leased to
eligible individuals.
2. The initial Contract term for each stage begins on the effective date of the Contract
for the stage, and ends ten years from that date.
3. The PHA has the option to renew the Contract for each stage for an additional ten
year term, if funds are available for the renewal. To exercise the right to renew, the
PHA must give the Owner written notice of the Contract renewal no later than one
hundred and twenty days before expiration of the initial Contract term for the units
in that stage.
C. Rehabilitation Loan Term and Amortization Amounts
Only when the initial Contract Rent(s) is established on the basis of a loan term shorter
than ten years (See Section 1.8.C):
1. The date of the first day of the month following the end of the term of the
rehabilitation loan is:
2. The monthly amortization amounts of the rehabilitation loan by unit size are:
D. Applicability of Special Rent Adjustment Procedure Where Debt Service Is Not Fixed
[Check this box if the initial Contract Rents specified in Exhibit A were calculated on the
basis of a loan which provides for a balloon payment, or for which the debt service amount
is not fixed over the loan term.]
[ ] Section 1.8.D is applicable.
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PART I: HOUSING ASSISTANCE PAYMENTS CONTRACT
1.3 CONTENTS OF CONTRACT
A. Elements
This Contract consists of:
1. Part I and Part II of the Contract. Part II is Form HUD 52539 B, dated November
1990.
2. The following exhibits:
Exhibit A. Identification of units ("Contract Units"), including number and size
(number of bedrooms), address, and applicable initial rents (Contract
Rents and Base Rents).
Exhibit B. The statement of services, maintenance and utilities to be provided by
the Owner.
Exhibit C. HUD requirements for termination of tenancy and eviction.
(These requirements are subject to change.)
Additional Exhibits:
[Specify any additional exhibits, if applicable. If none, insert 'None."]
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PART I: HOUSING ASSISTANCE PAYMENTS CONTRACT
B. Applicability of Contract Part II Provisions
[Check appropriate boxes below.]
2.1 Training, Employment and Contracting Opportunities for Businesses and Lower-
Income Persons
Applies if the total of Contract Rents for all Contract Units, over the maximum term
of the Contract, is more than $500,000 or S2,778 per month.
[x] Applicable ( ] Not applicable
2.2 Clean Air Act and Federal Water Pollution Control Act
Applies if the total of Contract Rents for all Contract Units, over the maximum term
of the Contract, is more than S100,000 or $556 per month.
Applicable [ ] Not applicable
23 Flood Insurance
Applies if units are located in areas having special flood hazards and in which flood
insurance is available under the National Flood Insurance Program.
[ ] Applicable Not Applicable
1.4 HUD REQUIREMENTS
A. The Owner must comply with applicable HUD requirements, including any amendments of
HUD requirements.
B. The Contract shall be interpreted and implemented in accordance with HUD requirements.
1.5 COMPLETION OF WORK
The Owner warrants that the Contract Units are in good and tenantable condition and that work
on the Contract Units has been completed in accordance with the Agreement to Enter into
Housing Assistance Paymer is Contract ('Agreement') or will be completed in accordance with the
terms on which the units were accepted. Completion and acceptance of the Contract Units is
subject to the provisions of the Agreement.
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PART I. HOUSING ASSISTANCE PAYMENTS CONTRACT
1.6 LEASING OF CONTRACT UNITS
A. Selection of Tenants
1. Eligible Tenants
A Contract Unit may only be rented to an eligible individuaL The PHA will
determine eligibility in accordance with HUD requirements.
2. Individuals Referred by PHA
All vacant Contract Units must be rented to eligible individuals referred by the PHA
from its waiting list.
3. Owner Solicitation of Applications
If the PHA does not refer a sufficient number of interested applicants to the Owner
within thirty days of the Owner's notice to the PHA of a vacancy, the Owner may
advertise or solicit applications from homeless persons. The Owner must refer such
persons to the PHA to determine eligibility.
4. Leasing to Non-Homeless Individuals
When neither the PHA nor the Owner can find a sufficient number of interested
applicants who are homeless individuals, the Owner may rent to non-homeless
eligible individuals in accordance with HUD requirements.
5. Owner Responsible for Screening and Selection
The Owner has full responsibility for the screening and selection of tenants, and may
refuse to rent to any eligible individual provided the Owner does not unlawfully
discriminate. If the Owner refuses to rent to an individual, and if the individual
believes that the Owner's refusal was the result of unlawful discrimination, the
individual may request the assistance of the PHA in resolving the issue. If the issue
cannot be resolved promptly, the individual may file a complaint with HUD.
B. Security Deposit
The Owner must comply with HUD requirements regarding security deposits from a tenant.
The PHA will inform the Owner of these requirements, including information concerning
the maidmum amount which may be collected.
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1 PART I: HOUSING ASSISTANCE PAYMENTS CONTRACT
C. Lease
1. 'Ile lease between the Owner and each assisted individual must be in accordance with
HUD requirements. The lease must include all provisions required by HUD and
must not include any provisions prohibited by HUD.
2. The Lease must provide that the Contract Unit may only be occupied by the single
eligible individual to whom the unit is rented by the Owner. If the PHA determines
that anyone other than, or in addition to such eligible individual is occupying a
Contract Unit, the PHA may require the Owner to take appropriate action, as
directed by the PHA, including action requiring any occupant who does not have a
right to occupy the Contract Unit under the Lease to move from the unit.
1.7 RENT; HOUSING ASSISTANCE PAYMENT
A. Amount of Initial Contract Rent and Base Rent
1. The initial Contract Rent and Base Rent for each Contract Unit is stated in
Exhibit A.
2 The amounts of the initial Contract Rents and Base Rents as stated in Exhibit A are
subject to post-audit and redetermination by the PHA The initial Contract and Base
Rent for each Contract Unit may not exceed the amounts authorized in accordance
with HUD requirements. At any time, the PHA may correct any initial Contract or
Base Rent which exceeds the amount authorized in accordance with HUD
requirements. The PHA may recover any excess housing assistance payments
resulting from the excess initial Contract or Base Rent. When the initial Contract or
Base Rent for any Contract Unit would otherwise exceed the amount authorized in
accordance with HUD requirements, the PHA will establish a lower initial Contract
or Base Rent which is in accordance with such requirements.
3. If the PHA redetermines the initial Contract or Base Rent for any Contract Unit, the
PHA shall give notice to the Owner establishing the revised Contract or Base Rent.
The PHA notice to the Owner shall constitute an amendment of the Contract If the
PHA redetermines the rent, the Owner must promptly repay to the PHA the amount
of any excess housing assistance payments.
B. Adjustment to Compensate for Related Governmental Assistance
The Owner must disclose to the PHA in accordance with HUD requirements information
regarding any related assistance from the Federal Government, a State, or a unit of general
local government, or any agency or instrumentality thereof, that is made available or is
expected to be made available with respect to the Contract Units. Such related assistance
includes, but is not limited to, any loan, grant, guarantee, insurance, payment, rebate,
subsidy, credit, tax benefit, or any other form of direct or indirect assistance. Housing
assistance payments under the Contract must not be more than is necessary, as determined
by the PHA in accordance with HUD requirements, to provide affordable housing after
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PART I: HOUSING ASSISTANCE PAYMENT'S CONTRACT
taking account of such related assistance. The PHA will adjust in accordance with HUD
requirements the amount of the housing assistance payments to the Owner to compensate
in whole or in part for such related assistance.
C. Portion of Contract Rent Paid by Assisted Individual
The portion of the Contract Rent payable by the assisted individual ("tenant rent") will be
determined by the PHA in accordance with HUD requirements. This amount is the
maximum amount the Owner can charge the individual for rental of the Contract Unit,
including all services, maintenance, and utilities to be provided by the Owner in accordance
with Exhibit B of this Contract and the lease. Any changes in the amount of the tenant
rent will be effective on the date stated in a notice by the PHA of the change to the
assisted individual and the Owner.
D. Housing Assistance Payment to Owner
1. Each month the PHA must pay a housing assistance payment to the Owner for a unit
under lease by an eligible individual in accordance with this Contract. The monthly
housing assistance payment is equal to the difference between the Contract Rent and
the tenant rent. The PHA must pay the housing assistance payment under this
Contract on or about the first day of the month for which payment is due unless the
Owner and the PHA agree on a later date.
I The PHA is only obligated to make housing assistance payments in accordance with
the Contract. The PHA has no obligation to pay the tenant rent, or to pay any
claim by the Owner against the individual.
I Where the Owner is an individual or individuals, no housing assistance payment may
be paid for any unit occupied by any such individual or individuals. Where the
Owner is a corporation or partnership, no.housing assistance payment may be paid
for any unit occupied by a shareholder, or by a general or limited partner.
4. The Owner agrees that the Owner's acceptance of a housing assistance payment
(including acceptance by endorsement of a housing assistance payment check or
otherwise) will be a certification by the Owner that:
a. The Contract Units for which the payment is made are in accordance with the
HUD Housing Quality Standards, and the Owner is providing all the services,
maintenance and utilities agreed to under the Contract and lease.
b. To the best of the Owner's knowledge, the Contract Unit is leased to and
occupied by an eligible individual, and is used solely for residence by the
individual and as the individual's only residence.
C. The lease is in accordance with HUD requirements.
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PART I- HOUSING ASSISTANCE PAYMENTS CONTRACT
d. Except for the housing assistance payment and the tenant rent as authorized in
accordance with HUD requirements, the Owner has not received and will not
receive any payment or other consideration (from the individual, the PHA,
HUD, or any other public or private source) as rent for the Contract Unit.
e. The individual and the PHA (including any entity substantially controlled by
the PHA) do not own, or have any interest in, the Contract Unit (if the
Owner is a cooperative, the individual may be a member of the cooperative).
L Except for the housing assistance payment under this Contract, the Owner has
not received and will not receive any of the following with respect to a
Contract Unit during the term of the Contract for that unit: section 8 housing
voucher assistance or other section 8 assistance, or any other duplicative
Federal, State or local housing subsidy as determined in accordance with HUD
requirements.
g. The amount of the payment is the correct amount due under this Contract,
and the payment meets all other requirements under this Contract.
5. If the PHA determines that the Owner is not entitled to the payment or any part of
it, the PHA or HUD, in addition to other remedies, may deduct the amount of the
overpayment from any other amounts due the Owner, including amounts due under
any other housing assistance payments contract
6. The Owner must notify the PHA promptly of any change of circumstances which
would affect the amount of the monthly payment and must return any payment which
does not conform to the changed circumstances. Failure by the Owner to comply
with the requirements of this paragraph is grounds for termination of this Contract
or other remedies under the Contract or by law.
7. To receive housing assistance payments in accordance with this Contract, the Owner
must comply with all the provisions of this Contract
E. Termination of Assistance for Individual
1. During the term of the Contract, housing assistance payments for the benefit of an
eligible individual will continue (1) unless the PHA determines that there are grounds
for termination of assistance for the individual in accordance with HUD
requirements, or (2) until the individual's tenant rent equals the total Contract Rent
When assistance payments are ended for the latter reason, the individual's other
rights under the lease will not be affected
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a
PART I: HOUSING ASSISTANCE PAYMENTS CONTRACT
2. The PHA may terminate housing assistance payments in accordance with HUD
requirements for an individual assisted under this Contract. The PHA must notify
the Owner in writing of its decision to terminate housing assistance payments in such
case, and that housing assistance payments for the assisted individual under the
Contract will terminate at the end of the calendar month which follows the calendar
month in which the PHA gives such notice to the Owner.
1.8 RENT ADJUSTMENTS
A. Annual and Special Adjustments
1. Request for Adjustment
Contract Rents will be adjusted as provided in this section after the Owner submits a
revised schedule of Contract Rents to the PHA However, the Contract Units must
be in decent, safe, and sanitary condition, and the Owner must be in compliance with
the terms of the leases and this Contract
2. Annual Adjustments
a. On or after each annual anniversary date of the Contract, the Contract Rents
may be adjusted by the PHA Such adjustment must be in accordance with
HUD requirements.
b. If the Contract provides for completion and acceptance of Contract Units in
stages (see Section 1.2), the anniversary date of the Contract for all Contract
Units is the anniversary of the Contract for the Contract Units included in
Stage 1.
3. Special Adjustments
The PHA may grant Special Adjustments, subject to HUD approval, to reflect
increases in the actual and necessary expenses of owning and maintaining the
Contract Units which have resulted from substantial general increases in real property
taxes, utility rates, assessments, and utilities not covered by regulated rates. The
Owner must clearly demonstrate that these general increases have caused increases in
the Owner's operating costs which are not adequately compensated for by annual
adjustments. The Owner must also submit to the PHA financial information which
clearly supports the increase.
4. Overall Limitation
Adjustments as provided in this section must not result in material differences
between the rents charged for assisted and comparable unassisted units, as determined
by the PHA (and approved by HUD in the case of Special Adjustments).
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PART I- HOUSING ASSISTANCE PAYMENTS CONTRACT
B. Implementation of Rent Adjustments
1. When Adjustments Are Effective
a. For annual adjustments, the adjusted Contract Rents are effective on the later
of (1) the anniversary date of the Contract, or (2) the first day of the month
after the Owner requested an_adjustment.
b. For any special adjustment. the adjusted Contract Rents are effective on the
later of (1) the first day of the month following the increase in real property
taxes, utility rates, assessments, or utilities not covered by regulated rates, or
(2) the first day of the month after the Owner requested an adjustment.
2. PHA Notice of Adjustment
Adjustments of Contract Rents must be made by written notice by the PHA to the
Owner in accordance with this section. Such notice constitutes an amendment of the
Contract
C. Contract Rents at End of Rehabilitation Loan Term
When the initial Contract Rent is established based upon a rehabilitation loan term shorter
than ten years, a new Contract Rent will become effective on the date specified in Section
1.2.C.1. (the first day of the month following the end of the term of the rehabilitation loan).
The new Contract Rent for a unit will be the Contract Rent which would otherwise be in
effect as of such date, minus the amount specified in Section 1.2.C.2 for the unit size.
D. Rent Adiustment Where Debt Service Is Not Fixed
If the initial Contract Rents specified in Exhibit A were calculated on the basis of a loan
which provides for a balloon payment, or for which the debt service payment is not fixed
over the loan term (see Section LID), and if the debt service amount on the anniversary
date is higher or lower than the amount on the prior anniversary date, or if the debt service
amount changes between anniversary dates, the PHA must determine, in accordance with
HUD requirements, the extent and frequency of any increase or decrease in Contract Rents
based on the change in the debt service amount
E. Change in Debt Service
1. The Owner must notify the PHA of any changes in interest rate, debt service, or
other terms of the financing, including any refinancing, of amounts borrowed to
finance the rehabilitation cost or to finance the purchase of the property.
2. Upon such a reduction of debt service costs for such amounts, the Contract Rents
may be adjusted by the PHA
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i
PART I- HOUSING ASSISTANCE PAYMENTS CONTRACT
1.9 VACANCIES
A. Vacancies durin¢ Rent-uR
If a Contract Unit is not leased within fifteen days of the effective date of the Contract for
such unit, the Owner will be entitled to housing assistance payments in the amount of
eighty percent of the Contract Rent for the unit for a vacancy period not exceeding sixty
days from the effective date of the Contract;if the Owner.
1. Has complied with the requirements of the Agreement concerning vacancies during
rent-up,
2. Has taken and continues to take all feasible actions to fill the vacancy, and
3. Has not rejected any eligible applicant except for good rause acceptable to the PHA
B. Vacancies after Rent-up
1. If an assisted individual moves from a Contract Unit after initial occupancy tinder
this Contract (other than as a result of action by the Owner which is in violation of
the lease or the Contract or any applicable law), the Owner must be paid the housing
assistance payment due under the Contract for so much of the month in which the
individual moves from the unit as the unit remains vacant.
2. If the Contract Unit continues to remain vacant, the Owner must be paid a housing
assistance payment in the amount of eighty percent of the Contract Rent prorated for
a vacancy period not exceeding one additional month. If the Owner collects any of
the assisted individual's portion of the rent for the additional month, the PHA
payment for the Contract Unit is reduced to an amount which,when added to the
individual's payment, does not exceed eighty percent of the prorated Contract Rent.
The Owner must reimburse the PHA for any excess payment.
3. If the Owner evicts the assisted individual, the Owner is not entitled to any payment
for vacancies after rent-up under this paragraph B unless the PHA determines that
the Owner complied with all the requirements of the Contract (including
requirements for termination of tenancy and eviction).
4. The Owner is not entitled to any payment under this paragraph B unless the Owner.
a. Has notified the PHA immediately upon learning of the vacancy or prospective
vacancy,
b. Has taken and continues to take all feasible actions to fill the vacancy, and
C. Has not rejected any eligible applicant except for good cause acceptable to the
PHA
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PART I: HOUSING ASSISTANCE PAYMENTS CONTRACT
C. Pavment from Other Sources for Vacant Units
The PHA will not pay the Owner any housing assistance payments for vacant Contract
Units to the extent the Owner is entitled to payment from other sources. The Owner must
notify the PHA of any such payment to which the Owner is entitled.
1.10 MAINTENANCE, OPERATION AND INSPECTION
A. Maintenance and Operation
The Owner must maintain and operate the Contract Units and related facilities to provide
decent, safe and sanitary housing, including the provision of all the services, maintenance
and utilities described in Exhibit B, and the leases with assisted individuals. As used in this
Contract, "decent, safe and sanitary housing' means that a unit is in accordance with the
applicable HUD Housing Quality Standards for the program.
B. Fire and Safety Improvements
Owner warrants that Owner has installed in each building containing a Contract Unit a
sprinkler system that protects all major spaces, hard wired smoke detectors, and such other
fire and safety improvements as State or local law may require. The Owner shall maintain
and operate such sprinkler system, smoke detectors and improvements in good working
order, and in accordance with State and local law. The term 'major spaces' means hallways,
large common areas, and other areas specified in local fire, building or safety codes.
C. Inspection
The PHA may inspect the Contract Units and related facilities at any time (including
inspection before initial occupancy of a unit) the PHA determines inspection is necessary to
assure that the unit is in decent, safe and sanitary condition or that the Owner is providing
all the services, maintenance and utilities in accordance with the Contract. The Owner
must permit such inspections.
D. Units Not Decent. Safe and Sanitary
If the PHA notifies the Owner that a Contract Unit is not in decent, safe and sanitary
condition, and the Owner does not take corrective action (including corrective action with
respect to an assisted individual where the condition of the unit is the fault of the
individual) within the time prescribed in the notice, the PHA may exercise any of its rights
or remedies under tha Contract or by law, including termination or reduction of housing
assistance payments, even if the assisted individual continues to occupy the unit The PHA
may also terminate the Contract if the PHA determines that any of the Contract Units is
not in decent, safe and sanitary condition. In such case, the PHA may terminate the
Contract for all units or for specific units.
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PART L• HOUSING ASSISTANCE PAYMENTS CON'T'RACT
E. Maintenance and Replacement
Maintenance and replacement (including redecoration) must be in accordance with the
standard practice for the building concerned as established by the Owner.
1.11 LEASE AND TERMINATION OF TENANCY
A. Lease
The lease between an assisted individual and the Owner must be in accordance with HUD
requirements. The lease must include all provisions required by HUD, and must not
include any provisions prohibited by HUD.
B. Termination of Tenancy
The Owner may not terminate tenancy or evict an assisted individual except in accordance
with HUD requirements. The HUD requirements in effect at execution of this Contract are
stated in Exhibit C to this Contract (These requirements are subject to change.)
G Eviction
Any eviction (dispossession of the individual from the dwelling unit) must be carried out
through judicial process under State and local law.
D. Notice to PHA
The Owner must notify the PHA in writing of the commencement of procedures for
termination of tenancy when the Owner gives notice to the tenant
1.12 NOTICE OF CONTRACT TERMINATION BY OWNER
Not less than one year before termination of this Contract, the Owner must give notice of the
proposed termination in accordance with HUD requirements to the PHA, HUD and each assisted
tenant The Owner's notice must specify the reasons for the termination with sufficient detail to
enable HUD to evaluate whether the termination is lawful and whether there are additional
actions that can be taken by HUD to avoid the termination. For purposes of this section,
"termination" means expiration of the Contract at the end of the Contract term.
1.13 REDUCTION OF NUMBER OF UNITS COVERED BY CONTRACT
A. Limitation on Leasing to Ineligible Persons
The Owner may not lease a vacant Contract Unit to an ineligible person. Leasing a
Contract Unit to an ineligible person is a violation of the Contract and is grounds for all
available legal remedies, including suspension or debarment from HUD programs and
reduction of the number of Contract Units, as set forth in paragraph B.
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PART L• HOUSING ASSISTANCE PAYMENTS CONTRACT
B. Reduction of Number of Contract Units
If, any time beginning six months after the effective date of the Contract, the Owner fails
for a continuous period of six months to have at least ninety percent of the Contract Units
leased or available for leasing by eligible individuals, the PHA may, on at least thirty days
notice to the Owner, reduce the number of-units covered by this Contract The PHA may
reduce the number of Contract Units to the number of units actually leased or available for
leasing by eligible individuals plus ten percent (rounded up). The PHA notice of such
reduction shall constitute an amendment of the Contract
C. Restoration
The PHA will agree to an amendment of this Contract to provide for restoration of any
reduction of the number of Contract Units pursuant to paragraph B if.
1. The PHA determines that the restoration is justified by demand,
2. The Owner otherwise has a record of compliance with obligations under this
Contract, and
3. Funds are available.
1.14 PHA AND HUD ACCESS TO PREMISES AND OWNER RECORDS
A. The Owner must furnish any information pertinent to this Contract as may reasonably be
required from time to time by the PHA or HUD.
B. The Owner must permit the PHA or HUD or any of their authorized representatives to
have access to the premises and, for the purpose of audit and examination, to have access
to any books, documents, papers and records of the Owner to the extent necessary to
determine compliance with this Contract, including the verification of information pertinent
to the housing assistance payments.
1.15 RIGHTS OF HUD IF PHA DEFAULTS UNDER CONTRACT
If HUD determines that the PHA has failed to comply with the Contract, or has failed to take
appropriate action, to HUD's satisfaction or as directed by HUD, for enforcement of the PHA's
rights under the Contract, HUD may assume the PHA's rights and obligations under the Contract,
and may perform the obligations and enforce the rights of the PHA under the Contract HUD
will, if it determines that the Owner is not in default, continue to pay Annual Contnbutions for
the purpose of making housing assistance payments with respect to the Contract Units for the
duration of the Contract
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PART I: HOUSING ASSISTANCE PAYMENTS CONTRACT
1.16 REMEDIES OF PHA FOR OWNER BREACH `
A Nature of Breach
Any of the following is a breach of the Owner's obligations under this Contract:
1. The Owner has failed to comply with any provision of, or obligation under, this
Contract, or any other housing assistance payments contract under Section 8 of the
United States Housing Act of 1937 (42 U.S.C. 14370.
2. The Owner has committed any fraud in connection with the Agreement or the
Contract, or has committed fraud in connection with any Federal housing assistance
Program
3. For projects with mortgages insured or coinsured by HUD or loans made by HUD,
the Owner has violated the regulations for the applicable mortgage insurance,
coinsurance or loan program,with the mortgage or mortgage note, or with the
Regulatory Agreement, or the Owner has filed any false statement with HUD in
connection with the mortgage, coinsurance or loan.
B. Exercise of Remedies
1. If the PHA determines that a breach by the Owner has occurred, the PHA may
exercise any of its remedies for breach of the Contract, including any remedies
available by law or under the Contract.
2. The PHA must notify the Owner in writing of such determination, including a brief
statement of the reasons for the determination. The PHA notice may require the
Owner to take corrective action as determined by the PHA, by a time prescribed in
the notice.
3. The PHA's remedies under the Contract include recovery of overpayments,
termination or reduction of housing assistance payments and termination of the
Contract The PHA may exercise such remedies for all Contract Units or for specific
Contract Units.
C. Remedies Not Exclusive and Non-Waiver of Remedies
The PHA's exercise or non-exercise of any remedy for Owner breach of the Contract is not
a waiver of the right to exercise that or any other right or remedy at any time.
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PART 1: HOUSING ASSISTANCE PAYMENTS CONTRACT
1.17 CONFLICT OF INTEREST
A. Interest of Members Officers or Employees of PI La Members of Local Governing Body or
Other Public Officials
No present or former member or officer of the PHA (except tenant-commissioners), no
employee of the PHA who formulates policy or influences decisions with respect to the
Section 8 Program, and no public official or member of a governing body or State or local
legislator who exercises functions or responsibilities with respect to the Section 8 Program,
shall have any direct or indirect interest, during his or her tenure or for one year thereafter,
in the Contract or in any proceeds or benefits arising from the Contract This provision
may be waived by HUD for good cause.
B. Disclosure
The Owner warrants that the Owner has disclosed to the PHA:
1. The identity of the Owner, developer, builder, architect, management agent (and
other participants) and the names of officers and principal members, shareholders,
investors, and other parties having a direct or indirect interest in the Contract or in
any proceeds or benefits arising from the Contract
2 The previous participation of each of these parties in HUD programs on the
prescribed HUD form, and
I Any possible conflict of interest by any of these parties that would be a violation of
the Contract
The Owner must fully and promptly update such disclosures.
1.18 INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS
No member of or delegate to the Congress of the United States of America or resident
commissioner shall be admitted to any share or part of this Contract or to any benefits which may
arise from the Contract
1.19 TRANSFER OF THE CONTRACT OR PROPERTY
A. PHA Consent to Transfer
The Owner has not made and must not make any transfer in any form, including any sale
or assignment, of the Contract or the property without the prior written consent of the
PHA A stock transfer, or a transfer of the interest of a limited partner, is not subject to
the provisions of this section. Transfer of the interest of a general partner is subject to the
provisions of this section.
SRO FOR HOMELESS Form 52539 M (11/90)
Page 17 of 24
PART 1: HOUSING ASSISTANCE PAYMENTS CONTRACT
B. Procedure for PHA Acceptance of Transferee
Where the Owner requests the consent of the PHA for a transfer in any form, including any
sale or assignment, of the Contract or the property, the PHA will give its consent to a
transfer of the Contract if the transferee agrees in writing (in a form acceptable to the
PHA) to comply with all the terms of the Contract, and if the transferee is acceptable to
the PHA The PHA's criteria for acceptance of the transferee must be no more restrictive
than for initial acceptance of any Owner under the Program at the time of the Owner's
request.
C Pledge of Contract As Security
If the Owner is proposing to pledge the Contract as security for financing, the Owner must
submit the financing documents to the PHA for approval. In determining the approvability
of a pledge arrangement, the PHA must review the documents submitted by the Owner to
ensure that the financing documents do not purport to modify the Contract, and do not
contain any requirements inconsistent with the Contract Any pledge of the Contract must
be limited to amounts payable under the Contract in accordance with the terms of the
Contract
1.20 DEBARMENT OR SUSPENSION
The Owner must comply with and is subject to the requirements of 24 CFR Part 24, concerning
debarment, suspension and limited denial of participation.
1.21 11"ROPER SELECTION OF UNITS
The Contract can be terminated upon at least thirty days written notice to the Owner by the PHA
or HUD if the PHA or HUD determines that the Contract Units were not eligible for selection
in conformity with HUD requirements.
1.22 PHA AND OWNER RELATION TO THIRD PARTIES
A Injury Resulting from Owner Action or Failure to Act
The PHA has not assumed any responsibility for or liability to any person injured as a
result of the Owner's action or failure to act in connection with the implementation of this
Contract, or as a result of any other action or failure to act by the Owner, or any
contractor, subcontractor or supplier.
B. Legal RelationshiR
The Owner is not the agent of the PHA, and this Contract does not create or affect any
relationship between the PHA and any lender to the Owner or any suppliers, employees,
contractors or subcontractors used by the Owner in the implementation of the Contract
SRO FOR HOMELESS Form 52539 M (11/90)
Page 18 of 24
PART 1: HOUSING ASSISTANCE PAYMENTS CONTRACT
C. Exclusion of Third Party Claims
Nothing in this Contract shall be construed as creating any right of any individual or other
third party (other than HUD) to enforce any provision of the Contract, or to assert any
claim against HUD, the PHA or the Owner under the Contract
D. Exclusion of Owner Claims Against HUD
Nothing in the Contract shall be construed as creating any right of the Owner to assert any
claim against HUD.
1.23 NOTICES
Where the Owner is required to give any notice to the PHA in connection with this Contract such
notice must be in writing, and must be given in the manner designated by the PHA
1.24 NONDISCRE IINATION
A Prohibition of Discrimination
The Owner must not in the selection of assisted persons, in the provision of services, or in
any other manner, discriminate against any person on the grounds of race, color, creed,
religion, sex, national origin, familial status or handicap.
B. Impermissible Bases for Denial of Assistance
Unwed mothers or recipients of public assistance must not be denied the benefit of housing
assistance payments under this Contract because of such status.
C. Compliance with Requirements Under
The Fair Housine Act, Executive Order 11063 and Title V1
In carrying out this Contract, the Owner must comply with:
1. The Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR
Part 100.
2. Executive Order No. 11063 (Equal Opportunity in Housing) and implementing
regulations at 24 CFR Part 107.
3. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004) (Nondiscrimination in
Federally Assisted Programs) and implementing regulations at 24 CFR Part 1.
SRO FOR HOMELESS Form 52539 M (11/90)
Page 19 of 24
i
PART 1: HOUSING ASSISTANCE PAYMENTS CONTRACT
D. Prohibition of Discrimination Based on Age or Handicap
In carrying out this Contract, the Owner must comply With:
1. The prohibitions against discrimination on the basis of age under the
Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at
24 CFR Part 146.
2. The prohibitions against discrimination against otherwise qualified individuals with
handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part &
E. Minority and Women's Business Enterprises
In carrying out this Contract, the Owner must comply with the requirements of Executive
Order Nos. 11625, 12432 and 12138.
F. Cooperation in Equal Opportunity Compliance Reviews
The PHA and the Owner must cooperate with HUD in conducting monitoring and
compliance reviews and complaint investigations pursuant to all applicable civil rights
statutes and regulations, Executive Orders, and all civil rights related program requirements.
1.25 NATIONAL ENVIRONMENTAL POLICY ACT
The Owner must comply with all applicable requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seg.) and HUD regulations at 24 CFR Part 50, including the
related environmental laws, Executive Orders and HUD standards.
1.26 LOBBYING CERTIFICATIONS
A Use of Federally Appropriated Funds
The Owner hereby assures and certifies that:
No Federally appropriated funds have been paid or will be paid, by or on behalf of the
Owner, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, or an officer or employee of a Member of Congress, is
connection with the awarding of any Federal contract, the malting of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
B. Use of Other Funds
If any funds other than Federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
SRO FOR HOMELESS Form 52539 M (11/90)
Page 20 of 24
PART L• HOUSING ASSISTANCE PAYMENTS CONTRACT
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or Cooperative agreement,
the Owner must complete and submit Standard Form LLL, 'Disclosure Form to Report
Lobbying," in accordance with its instructions.
C. Inclusion of Certification Language in Award Documents
The Owner must require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts)
and that all subrecipients must certify and disclose accordingly.
D. Effect of Certification; Failure to Certify
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction-imposed by 31 U.S.C. 1352. Any person who
fails to file the required certification is subject to a civil penalty of not less than 510,000
and of more than $100,000 for each such failure.
1.27 ENTIRE AGREEMENT
The Agreement to Enter Into Housing Assistance Payments Contract and this Contract, including
the exhibits, are the entire agreement between the PHA and the Owner. No changes in this
Contract shall be made except in writing signed by both the Owner and the PHA
0
SRO FOR HOMELESS Form 52539 M (11/90)
Page 21 of 24
PART L• HOUSING ASSISTANCE PAYMENTS CONTRACT
PHA Housing nllthority of the Count, of Contra Costa
Name of Public Housing Agency
BY
Signature
Richard J. Martinez `
Print Name
Date
Executive Director
Title
Owner The Idaho Apartments Associates, a California Limited
Partnership
By
SIgnature
Print Name
Date
Title
Warning: 18 U.S.0 1001 provides, among other things, that whoever lmowingly and willfully makes or
uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any
matter within the jurisdiction of any department or agency of the United States, shall be fined no more
than S10,000 or imprisoned for not more than five years, or both.
SRO FOR HOMELESS Form 52539 M (11190)
Page 22 of 24
PART 1: HOUSING ASSISTANCE PAYMENT'S CONTRACT
If, after completion of the final stage of rehabilitation, the PHA decides to make any change in the Base
Rents or Contract Rents for any stage in accordance with the Contract, the PHA shall amend the Base
and Contract Rents for the stage. The PHA shall give notice to the Owner establishing the revised
Contract or Base Rents. The PHA notice to the Owner shall constitute an amendment of the Contract
The PHA will make arrangements to correct the under- or over-payment of housing assistance payments
to the Owner for units completed in earlier stages.
EXECUTION OF CONTRACT FOR
CONTRACT UNITS COMPLETED AND ACCEPTED IN STAGES
STAGE 1
This Contact is hereby executed for the units described in Exhibit A-1.
Effective Date Insert the effective date of this
Contract, which shall be no earlier than
the date of PHA final inspection and
acceptance of the Contract Units and
related facilities.
Owner By
Official Title Date
PHA By
Official Title Date
STAGE 2
This Contract is hereby executed for the units described in Exhibit A-2-
Effective Date Insert the effective date of this
Contract, which shall be.no earlier than
the date of PHA final inspection and
acceptance of the Contract Units and
related facilities.
Owner By
Official Title Date
PHA By
Official Title Date
SRO FOR HOMELESS Form 52539 M (11/90)
Page 23 of 24
PART L• HOUSING ASSISTANCE PAYMENTS CONTRACT
STAGE 3
This Contract is hereby executed for the units described in Exhibit A-3.
Effective Date - Insert the effective date of this
Contract,which shall be no earlier than
the date of PHA final inspection and
acceptance of the Contract Units and
related facilities.
Owner By
Official Title Date
PHA By
Official Title Date
STAGE 4
This Contract is hereby executed for the units described in Exhibit A-4.
Effective Date Insert the effective date of this
Contract,which shall be no earlier than
the date of PHA final inspection and
acceptance of the Contract Units and
related fatalities.
Owner By
Official Title Date
PHA By
Official Title Date
SRO FOR HOMELESS Form 52539 M (11/90)
Page 24 of 24
IDAHO APARTMENTS
STATEMENT OF SERVICES, MAINTENANCE, AND UTILITIES:
Owner will be providing services, maintenance and utilities at the Idaho Apartments as
follows:
• All gas, electricity, water, and garbage will be paid by the owner. Heating and
cooking will be gas. These will be no separate metering for individual units.
• Maintenance of the buildings and grounds will be provided by the owner,
including repairs, emergency repairs, and needed replacement. Twenty-four hour
emergency repair services will be available.
• On-site Management will be provided by the Resident Manager and off-site
management services will be provided by owner, which will contract with the
partnership to provide these services, including rent collection, periodic
inspections for repairs, annual recertification of incomes, screening prospective
residents for eligibility, etc.
AGREEMENT/CONTRACT NUMBER:
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENT'S PROGRAM
SECTION 8 MODERATE REHABILITATION PROGRAM
PART 11
HOUSING ASSISTANCE PAYMENTS CONTRACT
NOTE: Part I of the Contract specifies which provisions of Part H are applicable.
2.1 TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNTI'IES FOR
BUSINESSES AND LOWER INCOME PERSONS
A. The project assisted under this Agreement is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that, to the greatest extent feasible, opportunities for training and
employment be given lower-income persons residing within the unit of local government
or the metropolitan area (or nonmetropolitan country), as determined by the Secretary,
in which the project is located and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by
persons residing in, the same metropolitan area (or nonmetropolitan county) as the
Project-
B. Notwithstanding any other provision of this Agreement, the Owner shall carry out the
provisions of Section 3 and the regulations issued by HUD as set forth in 24 CFR, Part
135, and all applicable rules and orders of HUD issued thereunder prior to the
execution of this Agreement. The requirements of the regulations include, but are not
limited to, development and implementation of an affirmative action plan for utilizing
business concerns located within, or owned in substantial part by persons residing in, the
area of the project; the making of a good faith effort, as defined by the regulations, to
provide training, employment, and business opportunities required by Section 3; and
incorporation of the 'Section 3 clause' specified by Section 135.20(b) of the regulations
and paragraph D of this section in all contracts for work in connection with the project.
The Owner certifies and agrees that the Owner is under no contractual or other
disability which would prevent compliance with these requirements.
MODERATE REHABILITATION 52539 B (11/90)
Page 1 of 3
PART II: HOUSING ASSISTANCE PAYMENTS CONTRACT
C. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, Part
135, and all applicable rules and orders issued by HUD thereunder prior to execution of
this Agreement, shall be a condition of the Federal financial assistance provided to the
project, binding upon the Owner, the Owner's contractors and subcontractors, successors,
and assigns. Failure to fulfill these requirements shall subject the Owner, the Owner's
contractors and subcontractors, successors, and assigns to the sanctions specified by this
Agreement, and to such sanctions as are specified by 24 CFR, Section 135.135.
D. The Owner shall incorporate or cause to be incorporated into any contract or
subcontract for work pursuant to this Agreement in excess of 550,000 cost, the following
clause:
`EMPLOYMENT OF PROJECT AREA RESIDENTS AND CONTRACTORS
'A The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest
extent feasible, opportunities for training and employment be given lower
income persons residing within the unit of local government or the metropolitan
area (or nonmetropolitan county), as determined by the Secretary, in which the
project is located and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part
by persons residing in, the same metropolitan area (or nonmetropolitan county)
as the project.
B. The parties to this contract will comply with the provisions of Section 3 and the
regulations issued by HUD as set forth in 24 CFR, Part 135, and all applicable
rules and orders of HUD issued thereunder prior to the execution of the
contract. The parties to this contract certify and agree that they are under no
contractual or other disability which would prevent them from complying with
these requirements.
'C. The contractor will send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the labor organization or
workers' representative of the commitments under this Section 3 clause and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment or training.
'D. Tae contractor will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or
recipient of Federal financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations
issued by HUD, 24 CFR, Part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the latter has
been found in violation of regulations under 24 CFR, Part 135, and will not let
MODERATE REHABILITATION 52539 B (11/90)
Page 2 of 3
PART EL HOUSING ASSISTANCE PAYMENTS CONTRACT
any subcontract unless the subcontractor has first provided the contractor with a
preliminary statement of ability to comply with the requirements of these
regulations.
"E. Compliance with the provisions of Section 3, the regulations set forth in 24
CFR, Part 135, and all applicable rules and orders of HUD issued thereunder
prior to the execution of the contract shall be a condition of the financial
assistance provided to the project, binding upon contractors and subcontractors,
successors, and assigns. Failure to fulfill these requirements shall subject the
contractors and subcontractors, successors, and assigns to those sanctions
specified by the contract, and to such sanctions as are specified by 24 CFR,
Section 135.135."
E. The Owner agrees to be bound by the above Section 3 clause with respect to the
Owner's own employment practices when participating in federally assisted work
2.2 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
In compliance with regulations issued by the Environmental Protection Agency ('EPA'), 40 CFR,
Part 15, pursuant to the Clean Air Act, as amended ("Air Act'), 42 U.S.C. 7401, et seq., the
Federal Water Pollution Control Act, as amended ("Water Act'), 33 U.S.C. 1251, et seq., and
Executive Order 11738, the Owner agrees to:
A Not utilize any facility in the performance of this Agreement or any subcontract which is
listed on the EPA List of Violating Facilities pursuant to Part 15 of the regulations for
the duration of time that the facility remains on the List;
B. Promptly notify the PHA if a facility the Owner intends to use in the performance of
this Agreement is on the EPA List of Violating Facilities or the Owner knows that it
has been recommended to be placed on the List:
C. Comply with all requirements of the Air Act and the Water Act, including the
requirements of Section 114 of the Air Act and Section 308 of the Water Act, and all
applicable clean air standards and clean water standards; and
D. Include or cause to be included the provisions of this section in every subcontract and
take such action as HUD may direct as a means of enforcing such provisions.
23 FLOOD INSURANCE
If the project is located in an area that has been identified by the Federal Emergency
Management Agency as an area having special flood hazards and if the sale of flood insurance
has been made available under the National Flood Insurance Program, the Owner agrees that
the project will be covered, during its anticipated economic or useful life, by flood insurance in
an amount at least equal to its development or project cost (less estimated land cost) or to the
maximum limit of coverage made available with respect to the particular type of property under
the National Flood Insurance Act of 1968, whichever is less.
MODERATE REHABILITATION 52539 B (11/90)
Page 3 of 3
EXHIBIT "F"
NOT APPLICABLE
07/31/8; 1HU 0b:03 FAA i0i001
EXHIBIT "G"
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
TELEFAX COVER SHEET
DATE:
ADDRESSEE: J Cid
�Zunp C4arlmoinl
FROM:
CAROL B. CLARK LABOR RELATIONS OFFICER, 9ASL
OFFICE OF THE SECRETARY'S REPRESENTATIVE/LABOR RELATIONS
PACIkTGHAWAII JURISDICTION
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
450 GOLDEN GATE AVENUE,RM.85458
SAN FRANCISCO, CA 94102-3448
SENDER'S PHONE: (415)436-6576
FASCIl%lILE: (415)436-8524
MESSAGE: J�1 V pt�a)j)-
vil "t �UU �S
In 6 -
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1 ..
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PA S TO FOLLOW: C FAX NUMBER:
6s1 To
U//J1/DI •nU vo:U4 r:" UUL
General Decision Number CA970095
Superseded General Decision No. CA960095
U State: California
Construction Type:
RESIDENTIAL
County(ies) :
CONTRA COSTA
RESIDENTIAL CONSTRUCTION (consisting of single family homes and
apartments up to and including 4 stories)
Modification Number Publication Date
0 02/14/1997
1 03/07/1997
2 03/14/1997
-----------------------------------------------------------------------
CA970095 Page: 1
U7/3i/yl hili U5:04 r:l 1Q 003
COUNTY(iss) :
CONTRA COSTA
ASEE0016F 08/01/1996
Rates Fringes
INSULATORS/ASBESTOS WORKER
Includes the application of all
insulating materials, protective
coverings, coatings, and finishings
to all types of mechanical systems 33. 13 6.78
ASBESTOS REMOVAL WORKER/ -- --
HAZARDOUS MATERIAL HANDLER
Includes preparation, wetting,
stripping, removal, scrapping,
vacuuming, bagging and disposing
of all insulation materials from
mechanical systems, whether they
contain asbestos or not 20.81 2.67
----------------------------------------------------------------
BOIL0092E 10/01/1996
Rates Fringes
BOILERMAKER 29.06 9.01
----------------------------------------------------------------
ERCA0003A 01/01/1996
Rates Fringes
BRICKLAYER 26.57 7 .63
v-----------------------------------------------.---------------
BRCA0003J 08/01/1996
Rates Fringes
MARBLE SETTER 28.90 10.05
MARBLE FINISHER 20.57 4 .02
----------------------------------------------------------------
BRCA0003L 07/01/1994
Rates Fringes
TERRAZZO WORKER 28. 17 10 . 05
TERRAZZO FINISHERS:
Terrazzo finisher 20.05 5.97
Base machine operator 20.75 5. 97
--------------------------- ----------------------------------
BRCA0030F 04/01/1996
Rates Fringes
TILE SETTER 26.03 4.40
TILE FINISHER 12.53 3 . 92
----------------------------------------------------------------
CARP0001P 08/01/1994
Rates Fringes
DRYWALL INSTALLER/LATHER 24 .00 9.535
----------------------------------------------------------------
-----------------------------
--- ----- --------
CA970095 Page: 2
! .till uj:u4 tAu ',JUU4
CARP0035H 07/01/1995
Rates Fringes
CARPENTER 24 .50 9.567
HARDWOOD FLOORLAYER; SHINGLER;
..1 POWER SAW OPERATOR; STEEL
SCAFFOLD AND STEEL SHORING
ERECTOR; SAW FILER 24 . 65 9 .567
MILLWRIGHT 23 . 90 10. 605
----------------------------------------------------------------
ELEC0006I 12/01/1994 _
Rates Fringes
COMMUNICATIONS AND SYSTEMS WORK:
Communications and systems
installer 17.89 3% + 3.40
Communications and systems
technician 20.42 3% + 3 .40
SCOPE OF WORK:
Including any data system whose only function is to transmit or
receive information; excluding all other data systems or
multiple systems which include control function or power supply;
inclusion or exclusion of terminations and testings of
conductors determined by their function; excluding fire alarm
work when installed in raceways (including wire and cable
.pulling) and when performed on new or major remodel building
-projects or jobs; excluding installation of raceway systems,
�i line voltage work, industrial work, life-safety systems (all
buildings having floors located more than 75 ' above the lowest
floor level having building access) ; excluding energy management
systems.
----------------------------------------------- ---------------
ELEC0302C 06/01/1996
Rates Fringes
ELECTRICIANS:
Electrician 29.26 3% + 8 . 60
Cable splicer 32. 19 3% + 8 . 60
----------------------------------------------------------------
ELEV0008A 08/01/1996
Rates Fringes
ELEVATOR MECHANIC 38.27 6 . 12
FOOTNOTE:
Vacation Pay: 8% with 5 or more years of service, 6% for 6
months to 5 years service. Paid Holidays: New Years Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Friday after, and Christmas Day.
----------------------------------------------------------------
ENGI0004W 07/01/1996
-----------------------------------------------------------------------
CA970095 Page: 3
07/31/97 THU 05:05 FAX 1Q 005
Rates Fringes
POWER EQUIPMENT OPERATORS:
� GROUP 1 29. 35 12.38
GROUP 2 27 .90 12.38
�i GROUP 3 26.50 12. 38
GROUP 4 25. 18 12 .38
GROUP 5 23. 97 12.38
GROUP 6 22.71 12.38
GROUP 7 21. 63 12.38
GROUP 8 20.55 12.38
GROUP 8-A - 18.44 12.38
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work) ;
Power shovel, backhoe, gradall over 7 cu. yds.
GROUP 2: Highline cableway; Power blade operator (finish) ;
Power shovel, backhoe, gradall (over 1 cu. yd. and up to and
including 7 cu. yds. m.r.c. )
GROUP 3 : Asphalt milling machine; Cable backhoe; Combination
backhoe and loader over 3/4 cu. yds. ; Continuous flight tie back
.machine; Crane mounted continuous flight tie back machine; Crane
mounted drill attachment; Dozer, slope board; Gradall; Hydraulic
excavator, up to 3 1/2 cu. yds. ; Loader 4 cu. yds. and over;
Multiple engine scraper (when used as push pull) ; Power shovel,
backhoe, gradall up to and including 1 cu. yd. ; Pre-stress wire
wrapping machine; Side boom cat, 572 or larger; Track loader 4
cu. yds. and over; Wheel excavator (up to and including 750 cu.
yds. per hour)
GROUP 4: Asphalt plant engineer; Automatic concrete slip form
paver; Chicago boom; Combination backhoe and loader up to and
including 3/4 cu. yd. ; Concrete batch plant (wet or dry) ; Dozer
and/or push cat; Pull-type elevating loader; Gradesetter, grade
checker (mechanical or otherwise) ; Grooving and grinding machine;
Heading shield operator; Heavy-duty drilling equipment, Huges,
LDH, Watson 3000 or similar; Heavy-duty repairperson and/or
welder; Lime spreader; Loader under 4 cu. yds. ; Lubrication and
service engineer (mobile and grease rack) ; Mechanical finisher
or spreader machine (asphalt, Barber-Greene and similar) ; Miller
Formless M-9000 slope paver or similar; Mucking machine (rubber-
tired, rail or track type) ; Portable crushing and screening
plants; Power blade support; Raised bore operator (tunnels) ;
Roller operator, asphalt; Rubber-tired earthmoving equipment
( scraper) ; Slip form paver (concrete or asphalt) ; Small tractor
with drag; Soil stabilizer (P & H or equal) ; Timber skidder;
Track loader up to 4 yds. ; Tractor-drawn scraper; Tractor,
compressor drill combination; Tunnel mole bore operator; Woods-
Mixer (and other similar Pugmill)
GROUP 5 : Cast-in-Place pipe laying machine; Combination slusher
-----------------------------------------------------------------------
CA970095 Page: 4
U u.Liyi aaL; uo:uo r."
WJuuo
and motor operator; Concrete conveyor or concrete pump, truck or
equipment mounted; Concrete conveyor, building site; Concrete
Pump or �umperete gun; Drilling equipment, Watson 2000, Texoma
700 or similar; Drilling and boring machinery, horizontal (not to
apply to waterliners, wagon drills or jackhammers) ; Concrete
mixer/all; Person and/or material hoist; Mechanical finishers
(concrete) (Clary, Johnson, Bidwell Bridge Deck or similar
types) ; Mechanical burin, curb and/or curb and gutter machine,
concrete or asphalt; Mine or shaft hoist; Portable crusher;
Power jumbo operator (setting slip-forms, etc. , in tunnels) ;
Screed (automatic or manual) ; Self-propelled compactor with
dozer; Tractor with boom D6 or smaller; Trenching machine,
maximum digging capacity over 5 ft. depth; Vermeer T-600B rock
cutter
GROUP 6: Armor-Coater (or similar) ; Ballast jack tamper; Boom-
type backfilling machine; Assistant plant engineer; Bridge and/or
gantry crane; Chemical grouting machine, truck-mounted; Chip
spreading machine operator; Concrete saw (self-propelled unit on
streets, highways, airports and canals) ; Deck engineer; Drilling
equipment Texoma 600, Hughes 200 Series or similar up to and
including 30 ft. m.r.c. ; Drill doctor; Elevator grader;
Helicopter radio operator; Hydro-hammer or similar; Line master;
Locomotive; Lull hi-lift or similar; Truck crane oiler; Pavement
breaker, truck-mounted, with compressor combination; Petro mat
laying machine= Pipe bending machine (pipelines only) ; Pipe
wrapping machine (tractor propelled and supported) ; Rubber-tired
skidster loader, Bobcat or similar; Screed (except asphaltic
concrete paving) ; Self-propelled pipeline wrapping machine; Soils
-01 & materials tester; Tractor
GROUP 7: Ballast regulator; Boom truck or dual-purpose A-frame
truck; Cary lift or similar; Combination slurry mixer and/or
cleaner; Drilling equipment, 20 .ft. and under m.r.c. ; Firetender
(hot plant) ; Forklift (20 ' and over) or lumber stacker
(construction jobsite) ; Grouting machine operator; Highline
cableway signalperson; Stationary belt loader (Kolman or
similar) ; Lift slab machine (vagtborg and similar types ) ;
Maginnes internal full slab vibrator; Material hoist ( Z drum) ;
Mechanical trench shield; Motor operator; Pavement breaker with
or without compressor combination); Pipe cleaning machine
(tractor propelled and supported) ; Post driver; Roller (except
asphalt) ; Self-propelled automatically applied concrete curing
machine (on streets, highways, airports and canals) ; Self-
propelled compactor (without dozer) ; signalperson; Slip-form
Pumps (lifting device for concrete forms) ; Tie spacer; Tower
mobile; Trenching machine, maximum digging capacity up to and
including 5 ft. depth; Truck-type loader
GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor (gunite) ;
Compressor operator; Deckhand; Fire tender; Forklift (under 20
ft. ) ; Generator; Hydraulic monitor; Ken seal machine (or
similar) ; Mixermobile; Oiler; Pump operator; Refrigeration plant;
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CA970095 . Page: 5
U7/ it/y7 iHLi Uj:U6 F:" W UU7
Reservoir-debris tug (self-propelled floating) ; Ross Carrier
(construction site) ; Rotomist operator; Self-propelled power
sweeper; Self-propelled tape machine; Slusher operator; Surface
u heater; Switchperson; Tar pot firetender; Tugger hoist, single
drum; vacuum cooling plant; Welding machine (powered other than
.i by electricity) ; Gunite/shotcrete equipment operator
GROUP 8-A: Elevator operator; Mini-excavator under 25 h.p.
(backhoe - trencher) ; Skidsteer loader - Bobcat 743 series or
smaller, and similar (without attachments)
----------------------------------------------------------------
ENGI0005C 07/01/1996
POWER EQUIPMENT OPERATORS: Rates Fringes
ALL CRANES AND ATTACHMENTS:
GROUP 1: 30.19 12.38
Truck crane oiler 23.56 12 .38
Oiler 21.39 12 .38
GROUP 2: 28 .51 12.38
Truck crane oiler 23.32 12.38
Oiler 21. 18 12.38
GROUP 3: 26.87 12.38
Truck crane oiler 23.08 12. 38
Hydraulic 22. 71 12.38
Oiler 20 .92 12 .38
.1 POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Clamshell and Dragline over 7 cu. yds. ; Crane, over
100 tons; Derrick, over 100 tons; Derrick barge pedestal-mounted,
over 100 tons; Self-propelled boom-type lifting device, over 100
tons
GROUP 2: Clamshell and Dragline over 1 cu. yd. up to and
including 7 cu. yds. ; Crane, over 45 tons up to and including
100 tons; Derrick barge, 100 tons and under; Self-propelled boom-
type lifting device, over 45 tons; Tower crane
GROUP 3 : Clamshell and Dragline up to and including 1 cu.
Yd. ; Crane, 4S tons and under; Self-propelled boom-type lifting
device, 45 tons and under; Truck-mounted rotating telescopic boom
type lifting device, Manitex or similar (boom truck) - under 15
tons; Boom truck or dual purpose A-frame truck, non-rotating,
over 15 tons
---------------------------------------------------------------
IRON0001D 01/01/1997
Rates Fringes
IRC&NWORKERS:
Ornamental, reinforcing and
structural 22.34 12 .56
Fence erector 21.45 12 .56
�-/ ----------------------------------------------------------------------
CA970095 Page: 6
WJ 0Ob
uiiai/yi ,Ail ua:uti r:A_�
--------------T---------------------------------•----------
L.AB0O0671 02/13/1995
Rates Fringes
ASBESTOS REMOVAL LABORER 10.83 3.21
SCOPE OF WORK:
Covers site mobilization; initial site clean-up; site
preparation; removal of asbestos-containing materials from walls
and ceilings; or from pipes, boilers and mechanical systems only
if they are being scrapped; encapsulation, enclosure and
disposal of asbestos-containing materials by hand or with
equipment or machinery; scaffoldirig;-fabrication of temporary
wooden barriers; and assembly of decontamination stations.
-----------------------------------------------------------------
* LAB0O0670 06/24/1996
Rates Fringes
LABORERS:
Construction specialist group 21.25 6.84
GROUP 1 20.55 6.84
GROUP 1-a 20.77 6.84
GROUP 1-b:
Sewer cleaner in small
diameter sewers 24.71 6.84
Sewer cleaner in recently
active, large diameter
sewers and all recently
•.% active sewer manholes 25.71 6.84
GROUP 1-c 20.60 6.84
GROUP 1-d: see note below
GROUP 1-e 21. 10 6.84
GROUP 1-f 21.13 6.84
GROUP 1-g 20.75
GROUP 1-h: see note below
GROUP 2 20.40 6.84
GROUP 3 20.30 6.84
GROUP 4 13.99 6.84
GUNITE LABORERS:
GROUP 1 21.51 6.84
GROUP 2 21.01 6.84
GROUP 3 20 .42 6.84
GROUP 4 13.99 6.84
WRECKING WORK:
GROUP 1 20.55 6.84
GROUP 2 20.40 6.84
GROUP 3 20.30 6.84
GARDENERS, HORTICULTURAL AND LANDSCAPE
LABORERS:
New construction 20.30 6.84
Establishment warranty period 13.99 6.84
---------P---------------------------------r---------------------------
CA970095 Page: 7
VI/J1/al inU vo:ui r:Li W�l Uud
See GROUP 1-d and GROUP 1-h under Laborer Classifications .
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker;
.� Chainsaw; Laser beam in connection with laborers' work; Masonry
and plasterer tender; Cast-in-place manhole form setter;
Pressure pipelayer; Davis trencher - 300 or similar type (and
all small trenchers) ; Blaster; Diamond driller; Multiple unit
drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes- (P11 types) ; Barko, Wacker and
similar type tampers; Buggymobile; Certified hazardous waste
worker; Compactors of all types; Concrete and magnesite mixer,
1/2 yd. and under; Concrete pan work; Concrete sander; Concrete
saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it
machine; Faller, logloader and bucker; Form raiser, slip forms;
Green cutter; Headerboard, Hubsetter, aligner, by any method;
High pressure blow pipe ( 1-1/2" or over, 100 lbs. pressure/over) ;
Hydro seeder and similar type; Jackhammer operator; Jacking of
pipe over 12 inches; Jackson and similar type compactor; Kettle
tender, pot and worker applying asphalt, lay-kold, creosote,
lime, caustic and similar type materials (applying means
applying, dipping or handling of such materials) ; Lagging,
sheeting, whaling, bracing, trenchjacking, lagging hammer;
Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry) ;
Pavement breaker and spader, including tool grinder; Perma curb;
Post hole digger, air, gas and electric; Power broom sweeper;
u Power tampers of all types (except as shown in Group 2) ; Ram set
gun and stud gun; Riprap stonepaver and rock-slinger, including
J placing of sacked concrete and/or sand (wet or dry) and gabions
`-J and similar type; Rotary scarifier or multiple head concrete
chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging;
Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull
float in connection with laborers, work; Vibrator
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143
and similar type drills; Track driller; Jack leg driller; wagon
driller; Mechanical drillers, all types regardless of type or
method of power; Mechanical pipe layers, all types regardless of
type or method of power; Blaster and powder; All work of
loading, placing and blasting of all powder and explosives of
whatever type regardless of method used for such loading and
placing; High scalers (including drilling of same) ; Tree topper;
Bit grinder
GROUP 1-b: "Sewer cleaner" means any worker who handles or
comes in contact with raw sewage.
GROUP 1-c: Burning and welding in connection with laborers '
work; Synthetic thermoplastics and similar type welding
GROUP 1-d: Maintenance and repair track and road beds . All
----------------------------------------------------------------------
CA970095 Page: 8
ui/jiiyi irili u5:ub t:" WJUlu
employees performing work covered herein shall receive $ .25 per
hour above their regular rate for all work performed on
underground structures not specifically covered herein. This
�,• paragraph shall not be construed to apply to work below ground
level in open cut. It shall apply to cut and cover work of
`./ subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts
thereof, and work on and in deep footings. (A deep footing is a
hole 15 feet or more in depth. ) In the event the depth of the
footing is unknown at the commencement of excavation, and the
final depth exceeds 15 feet, the deep footing wage rate would
apply to all employees for each and every day worked on or in the
excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or
shot trete
GROUP 1-g: Pipelayer (including grade checking in connection
with pipelaying) ; Caulker; Bander; Pipewrapper; Conduit
layer; Plastic pipe layer; Pressure pipe tester; No joint pipe
and stripping of same, including repair of voids; Precast manhole
setter, cast-in-place manhole form setter
GROUP 1-h: Laborers working off or with or from bos'n chairs,
swinging scaffolds, belts shall receive $ .25 per hour above the
applicable wage rate.. This premium shall be reckoned by the day
and half day. This shall not apply to workers entitled to
receive the wage rate set forth in Group 1-a.
'J GROUP 2 : Asphalt shoveier; .Cement dumper and handling dry
cement or gypsum; Choke-setter and rigger (clearing work) ;
Concrete bucket dumper and chute; Concrete chipping and grinding;
Concrete laborer (wet or dry) ; Driller tender, chuck tender,
nipper; Guinea chaser (stake) , grout crew; High pressure nozzle,
adductor; Hydraulic monitor (over 100 lbs. pressure) ; Loading
and unloading, carrying and hauling of all rods and materials for
use in reinforcing concrete construction; Pittsburgh chipper and
similar type brush shredders; Sloper; Single foot, hand-held,
pneumatic tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general
laborer; Dump, load spotter; Flag person; Fire watcher; Fence
erector; Guardrail erector; Gardener, horticultural and
landscape laborer; Jetting; Limber, brush loader and piler;
Pavement marker (button setter) ; Maintenance, repair track and
road beds; Streetcar and railroad construction track laborer;
Temporary air and water lines, Victaulic or similar; Tool room
attendant (jobsite only)
GROUP 4 : All clean-up work of debris, grounds and building
including but not limited to: street cleaner; cleaning and
washing windows; brick cleaner ( jobsite only) ; material cleaner
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C$970095 Page: 9
ui/3iiy7 hili u5:ub t,U 10011
(jobsite only) . The classification "material cleaner" is to be
utilized under the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be
salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or
temporary jobsite yard.
The material cleaner classification should not be used in
the performance of "form stripping, cleaning and oiling and
moving to the next point of erection" .
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural nozzle operator
GROUP 2: Nozzle operator (including gun, pot) ; Ground person
GROUP 3 : Rebound
GROUP 4 : Gunite laborer
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash,
windows and materials)
GROUP 2 : Semi-skilled wrecker (salvaging of other building
materials)
GROUP 3 : General laborer (includes all clean-up work, loading
lumber, loading and burning of debris)
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LAB00166D 07/01/1995
Rates Fringes
PLASTERER TENDERS:
Plasterer tender 18.90 9.96
Gun operator 19.65 9. 96
----------------------------------------------------------------
LABOO166E 08/01/1994
Rates Fringes
BRICK TENDER 19.57 9 . 01
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PAIN0012D 08/01/1996
Rates Fringes
SOFT FLOOR LAYER 23.35 10.85
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PAIN0016H 09/01/1995
Rates Fringes
PAINTER:
Work on single family homes
-----------------------------------------------------------------------
CA970095 Page: 10
u r'/.iii y i itiU v�:uy r:� 1Q1011
and apartments up to and
including 3 stories 17.46 8.05
Work on 4-story apartment buildings 22.14 8.05
----------------------------------------- ------------------------
�./ PAIN0016L 08/01/1996
Rates Fringes
DRYWALL FINISHER/TAPER:
Work on single family homes
and apartments up to and
including 3 stories 19. 77 8.39
,-Work on 4-story apartment buildings 23.68 9 .09
----------------------------------------------------------------
PAIN0169A 07/01/1996
Rates Fringes
GLAZIER 25.60 8.86
SHOWER DOOR INSTALLER 20.93 4.85
0
----------------------------------------------------------------
PAIN1176J 04/01/1993
Rates Fringes
PARKING LOT STRIPING AND/OR
HIGHWAY MARKING:
GROUP 1 20.93 5.64
GROUP 2 19.88 5.64
GROUP 3 & GROUP 5 17 .79 5. 64
GROUP 4 20.93 5.64
Service person (maintenance
and repair of equipment)
(on jobsite only) 12.56 5. 19
Parking lot, game court and
playground installer 13.00 5.64
Protective coating, resurfacing,
pavement sealing, slurry seal,
including repair when done in
conjunction with pavement
sealing and slurry seal work 17 .93 5. 64
Sealer/mixer 17. 16 5.64
Applicator operator, shuttle
person and squeegee person 15. 13 5.64
' PARKING LOT STRIPING AND/OR HIGHWAY MARRING CLASSIFICATIONS
GROUP 1: STRIPER: Layout and application of painted traffic
stripes and marking; hot thermo plastic; tape traffic stripes and
imarkings
GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and
application of pavement markers, delineating signs, rumble and
traffic bars, adhesives, guide markers, other traffic delineating
devices; includes all related surface preparation (sandblasting,
waterblasting, grinding) as part of the application process
GROUP 3 : TRAFFIC SURFACE ABRASIVE BLASTER: Removal of traffic
-----------------------------------------------------------------------
CA970095 Page: 11
I
oia
uirolryi inii uo:uy t
lines and markings; preparation of surface for coatings and
traffic control devices
GROUP 4 : TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER:
' Removes, relocates, installs permanently affixed roadside and
parking delineation barricades, fencing, guard rail, cable
anchor, retaining walls, reference signs, and monument markers
GROUP 5: TRAFFIC CONTROLPERSON: Sole function is to control and
direct. traffic through both conventional and moving lane
enclosures
----------------------------------------------------------------
PLAS0001V 06/24/1996
Rates Fringes
CEMENT MASONS:
Cement mason 21.00 9. 31
Swing or slip form scaffolds;
Mastic, magnesite, gypsum,
epoxy, polyester, resin and
all composition 21.25 9.31
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PLAS0066A 07/01/1996
Rates Fringes
PLASTERER:
work on residential wood frame
structures which shall be
defined as single family
homes and apartments up to
and including 4 stories, or
3 stories over parking 24.37 9. 10
All other work 25.26 9.10
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PLUM0159C 07/01/1994
Rates Fringes
PLUMBER 21.51 7.14
--------------------- ------------------------------------------
PLUM0342A 07/01/1996
Rates Fringes
STEAMFITTER 32.02 11.39
----------------------------------------------------------------
PLUM0355B 07/01/1996
Rates Fringes
LANDSCAPE FITTERI UNDERGROUND UTILITY
WORKER 22.00 3 .00
----------------------------------------------------------------
ROOF0081A 08/01/1996
Rates Fringes
RPOFER 20.55 9.60
----------------------------------------------------------------
----------
CA970095 Page: 12
L]014
u7�31iy7 1HU u5:lo FALK
SFCA0483B 08/01/1996
Rates Fringes
SPRINKLER FITTER (FIRE) 17.50 5.60
I �
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,SHEE01042 01/01/1997
Rates Fringes
SHEET METAL WORKER:
' Work on any single/multi family
dwelling that incorporates a
I separate and independent unit
for heating and/or cooling ' a
purposes (excluding built-up
central air handling systems) 29.09 11.67
Work on projects with an HVAC
contract price of $250,000
equipped with package units or
a unitary system; remodel or
add-on contracts on existing
facilities for which the
contract price is $150,000
or less; architectural sheet
work up to and including
$100,000 29.29 11. 67
All other work 34.06 11.51
----------------------------------------------------------------
TEAM0046A 06/16/1996
� Rates Fringes
� TRUCK DRIVERS:
GROUP 1 19.46 10. 91
GROUP 2 19 .49 10.91
GROUP 3 19.53 10. 91
GROUP 4 19.76 10.91
GROUP 5 20.06 10.91
GROUP 6 20. 10 10. 91
GROUP 7 20.41 10 . 91
GROUP 8 20.76 10.91
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Dump truck under 6 yds. ; Single unit flat rack (2-
axle unit) ; Nipper truck (when flat rack track is used
appropriate flat rack shall apply) ; Concrete pump truck (when
flat rack truck is used appropriate flat rack shall
apply) ; Concrete pump machine; Snow buggy; Steam cleaning; Bus
or personhaul driver; Escort or pilot car driver; Pickup
truck; Teamster oiler/greaser/and/or serviceperson,• Hook
tender (including loading and unloading) ; Team driver
GROUP, 2: Fork lift & lift jitney
GROUP 3: Fuel and/or grease truck driver or fuelperson;
�--' - ------------------- --
CA970095 Pages 13
07/31/87 THU 05:10 F." 10015
Fuel island attendant, or combination pit and/or grease rack
GROUP 4e Dump truck, 6 yds. up to 8 yds. ; Transit
mixer, through 10 yds. ; Water truck, under 7 ,000 gals. ; Jetting
truck, under 71000 gals. ; Vacuum truck, under 7,500 gals. ;
Single unit flat rack (3-axle unit) ; Highbed heavy-duty
transport; Scissor truck; Rubber-tired muck car (not self-
loaded) ; Rubber-tired truck jumbo; Winch truck and "A" frame
driver; Combination winch truck with hoist; Road oil truck or
bootperson; Buggymobile; Ross, Hyster and similar straddle
carrier; Small rubber-tired tractor
GROUP 5: Dump truck, 8 yds. and including 24 yds. ;
Transit mixer, over 10 yds. ; Water truck, 7,000 gals. and over;
'I Jetting truck, 7,000 gals. and over; vacuum truck, 7,500 gals.
i and over; Truck towing tilt bed or flat bed pull trailers;
' Lowbed heavy-duty transport; Heavy-duty transport tiller person;
Self-propelled street sweeper with self-contained refuse bin;
Boom truck - Hydro-lift or Swedish type extension or retracting
crane; P.B. or similar type self-loading truck; Tire repair
person; Truck repair person; Combination bootperson and road
oiler; Dry distribution truck; Ammonia nitrate distributor,
driver and mixer; Snow Go and/or Plow
GROUP 6: Dump truck, over 24 yds. up to and including 35
i yds.
GROUP 7: Dump truck, over 35 yds. and under 65 yds. ;
Water pull - DW 10s, 20s, 21s and other similar equipment when
J pulling Aqua/pak or water tank trailers; Helicopter pilot
(when transporting people and materials) ; DW 10s, 20s, 21s and
other similar Cat type, Terra Cobra, LeTourneau Pulls,
Tournorocker, Euclid and similar type equipment when pulling fuel
and/or grease tank trailers or other miscellaneous trailers
GROUP 8: Dump truck, 65 yds. and over; Holland hauler
FOOTNOTES:
For the following, use dump truck yardage rate: Bulk cement
spreader (with or without auger) ; Dumperete truck; Skid truck
(debris box) ; Dry pre-batch concrete mix trucks; Dumpster or
similar type; Slurry truck
For the following, use the appropriate rate for the power unit
or the equipment utilized) : Heater planer; Asphalt burner;
Scarifier burner; Industrial lift truck (mechanical tailgate) ;
Utility and clean-up truck; Composite crew person
----------------------------------------------------------------
WELDERS. - Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
-_..-Mr----------------------------------------- -----------_------__----
-- --CA970095 Page: 14
to 016
U7/31197 THU 05:11 F."
' award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (v) ) .
----------------------------------------------------------------
1*5 the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2 . )
and 3. ) should be followed.
J With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2 . ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20.210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc. ) that the
requestor considers relevant to the issue.
�.� ------------------------------- ---------------------------------------
CA970095 Page: 15
U71Ji/y7 iiiU UJ:11 F:41 C01;
3. ) If the decision of the Administrator is not favorable, an
kEterested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board) . Write to:
J
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4 . ) All decisions by the Administrative Review Board are final.
END OF GENERAL, DECISION
J
�-J
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CA970095 page: 16