HomeMy WebLinkAboutR35- Economic Development Agency CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A.Marzullo SUBJECT: Inland Empire Concerned African American
Interim Executive Director Churches (IECAAC), Development Agreement
for 1519 West Virginia Street, San Bernardino,
CA 92411
DATE: March 9,2010
—" —
Svnoosis of Previous Commission/Council/Committee Action(s):
On February 18, 2010, Redevelopment Committee Members Johnson, Baxter and Brinker unanimously voted to recommend
that the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Community Development Commission)
Motion: That the Community Development Commission of the City of San Bernardino acknowledge the intent of
Affordable Housing Solutions of San Bernardino, Inc., a California non-profit corporation, to enter into the
Development Agreement for intermediary services with the Inland Empire Concerned African American Churches,
a California 501(c)(3) public benefit corporation for the rehabilitation and resale of the property located at 1519
West Virginia Street,San Bernardino,California.
Contact Person(s): Carey K.Jenkins Phone: (909)663-1044
Project Area(s): N/A Ward(s): 6%
Supporting Data Attached: 2 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s)0 Letter(s)
Federal Neighborhood Stabilization Program
FUNDING REQUIREMENTS: Amount: $ 134,627 Source: Funds
Y4Lt,/ Budget Authority: FY 2008-2009 Agency Budget
Signature: Fiscal Review:
Emil A.Marzullo,Interim Executir Duector Lori P ino- eryL� m Ad 'dstrative Services
Director
Cummission/Council Notes:
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Meeting Date: 03/15/2010
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
INLAND EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES (IECAAC),
DEVELOPMENT AGREEMENT FOR 1519 WEST VIRGINIA STREET
SAN BERNARDINO, CA 92411
BACKGROUND:
On January 4, 2010, the Community Development Commission of the City of San Bernardino
("Commission") approved a memorandum of understanding outlining the conditions by which the
Inland Empire Concerned African American Churches ("IECAAC") would participate in the
redevelopment of selected single family residences that the Redevelopment Agency of the City of San
Bernardino's ("Agency") affiliated nonprofit, Affordable Housing Solutions ("AHS") would purchase.
As a local non-profit organization, IECAAC has demonstrated an interest and capacity for developing
affordable housing in the City. To this end, the Agency through AHS, has acquired a single family
residence located at 1519 West Virginia Street, San Bernardino CA 92411 ("Subject Property"). The
recently acquired residence was a former bank-owned property that has been a blighting influence in
the neighborhood. The opportunity to rehabilitate the Subject Property is a step towards stabilization
efforts the Agency has begun in this area as it is within one mile of the proposed catalytic senior
housing development to be constructed at the southwest comer of Highland and Medical Center Drive.
The Subject Property coupled with other single family redevelopment opportunities in the immediate
vicinity of the proposed senior housing development will serve to revitalize the area. In addition, the
redevelopment of the Subject Property provides an opportunity for a locally based non-profit housing
developer to increase its organizational capacity for future development opportunities.
CURRENT ISSUE:
The Agency recommends that IECAAC serve as the intermediary to rehabilitate the Subject Property
for the purpose of eventually reselling it to an income eligible household pursuant to Neighborhood
Stabilization Program ("NSP") guidelines. Under the terms of the executed Memorandum of
Understanding, the Agency has identified and acquired the Subject Property and is ready for the
IECAAC to initiate its rehabilitation.
The Agency shall retain ownership throughout the rehabilitation and sales period and contract with the
IECAAC to manage the rehabilitation, property management, security and marketing of the Subject
Property. During the marketing phase the IECAAC will be responsible for marketing the property to
income eligible homebuyers and, if necessary, qualifying the eventual homebuyer for down payment
assistance through the Agency's Down Payment Assistance Program.
As compensation for its services, the IECAAC shall be paid a fee for performing the property
management function, overseeing and managing the rehabilitation work, marketing the Subject
Property and qualifying eligible homebuyers. The amount of this fee has been negotiated between the
Agency and the IECAAC. At no time shall the IECAAC participate in the profit, if any, generated by
P� &enGTomm Commmoa\ 20IM3.15-10 @CAAC Dwe W=M A@ mS$R COMMISSION MEETING AGENDA
Meeting Date: 03/15/2010
Agenda Item Number: ASS'
Economic Development Agency Staff Report
Development Agreement—Inland Empire Concerned African American Churches
Page 2
the sale of the property to a qualified homebuyer. The financial assistance provided by the Agency
shall be derived from various affordable housing funding sources, including the NSP and the Agency's
Housing Set-Aside Funds in the event a down payment assistance loan is eventually used.
ENVIRONMENTAL IMPACT:
The property acquisition and rehabilitation request is exempt under California Environmental Quality
Act ("CEQA") per the Public Resource Code 21083 or CEQA Guidelines Section 15194 "Affordable
Housing Exemption."
FISCAL IMPACT:
There is no City General Fund impact as a result of this Action. Funds used for the acquisition,
rehabilitation and ultimate resale of the Subject Property are derived from the federal NSP allocation
administered by the Agency.
Account Budgeted Amount: $134,627 in Neighborhood Stabilization Program("NSP") Funds.
Balance as of: March 9,2010
Balance after approval of this item: $2,506,580 in the Acquisition, Rehabilitation and Resale
component of the overall NSP.
RECOMMENDATION:
That the Community Development Commission adopt the Motion.
Emil A.Manullo, Interim xectitive Director
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Meeting Date: 03/15/2010
Agenda Item Number: 93T
AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO,INC.
DEVELOPMENT AGREEMENT FOR INTERMEDIARY SERVICES
[INLAND EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES]
This Development Agreement for Intermediary Services (the "Agreement") is made and
entered into as of March 15, 2010, by and between Affordable Housing Solutions of San
Bernardino, Inc. ("AHS"), a California 501(c)(3) public benefit corporation, and Inland Empire
Concerned African American Churches, a California 501(c)(3) public benefit corporation,
("Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. Supervision of Consultant. The AHS officers and or their assignee's designated
in Exhibit"F" attached hereto (collectively, the "AHS Representatives") shall be responsible for
the direction of any work to be performed by the Consultant and any other consultants or
subconsultants to AHS under this Agreement. The Consultant shall not undertake any work
under the terms of this Agreement, unless instructed to do so by any one of the AHS
Representatives. No other AHS representative is authorized by AHS to request services from the
Consultant, pursuant to this Agreement. Approval by any one of the AHS Representatives shall
constitute approval by AHS.
2. Term of Agreement. The term of this Agreement shall commence on the date
first appearing in this Agreement (the "Effective Date") and will terminate six (6) months after
this date, unless earlier terminated as provided in this Agreement. AHS will have the option to
extend the term of this Agreement at the sole option and discretion of AHS with the written
consent of the Consultant. AHS reserves the right through the actions of the Chief Executive
Officer or the Chief Operating Officer of AHS to terminate this Agreement at any time either
with or without cause and at the sole convenience of AHS upon delivery of notice of termination
to the Consultant; provided, however, that upon the effective date of any such termination, AHS
shall be responsible to pay and/or reimburse the Consultant for all services, materials and
supplies as may have been furnished to AHS prior to the date of the termination of this
Agreement in accordance with the Scope of Services as referenced in Section 3.
3. Scope of Consultant Services. AHS hereby retains the Consultant to provide the
professional consulting services set forth in the Scope of Services attached hereto as Exhibit "E"
and incorporated herein by this reference. The Consultant hereby agrees to perform the work set
forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant
shall perform the services as set forth on said Scope of Services within the time periods to be
identified by the appropriate AHS Representative. The Consultant shall comply with those
laws, regulations or ordinances governing fair housing and equal opportunity practices and the
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abatement of lead-based paint, asbestos and mold practices as required under the Neighborhood
Stabilization Program ("NHS") promulgated by the United States Department of Housing and
Urban Development("HUD")pursuant to the provisions of the Housing and Economic Recovery
Act of 2008, Public Law 110-289 — July 30, 2008, Title III — Emergency Assistance for the
Redevelopment of Abandoned and Foreclosed Homes, Section 2301, et seq., as the same may be
hereafter amended, restated or supplemented from time-to-time, and the Notice of Allocations,
Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for
Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes Grantees under
the Housing and Economic Recovery Act, 2008 issued by HUD and found at the Federal
RegisterNol. 73, No. 194/Monday, October 6, 2008/Notices, as the same may be hereafter
amended,restated or supplemented from time-to-time (collectively,the "NSP Regulations")
4. Payment by AHS for Work Performed by the Consultant.
A. AHS shall compensate the Consultant for completion of the services described in
the Scope of Services set forth in Exhibit "E", "Scope of Services", in accordance with the
guidelines stipulated in Exhibit"H", "Consultant Payment and Reimbursement".
B. The compensation designated in subsection 4.A. shall be the "Total Fee" for the
performance of the work and the delivery of the final work product materials, as set forth in the
Scope of Services for each property acquired directly or indirectly by AHS for which the
services were provided by the Consultant in accordance with this Agreement. The Total Fee
shall include, but not be limited to, the materials and salaries of all subcontractors and vendors
retained by the Consultant and all employees of the Consultant to perform work pursuant to this
Agreement and all general overhead expenses of the Consultant inclusive of all costs and
expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage,
copies and such other expenses related to completion of the work set forth in the Scope of
Services.
C. The Consultant shall invoice AHS for eligible predevelopment expenses and work
performed by the Consultant under this Agreement through funds draw requests submitted by the
Consultant in accordance with AHS's policies and procedures, and approved by AHS, on a
monthly basis, or on a more frequent basis if requested by the Consultant and approved by AHS,
with the first draw request occurring no earlier than two(2)weeks after the Effective Date.
D. The Consultant shall submit draw requests under this Agreement to:
Affordable Housing Solutions of San Bernardino, Inc.
Attention: Chief Operating Officer
201 North`aE" Street, Suite 301
San Bernardino, California 92401
E. The Consultant's funds draw request shall set forth the cost of any direct labor
and materials incurred in performance of the Scope of Services, the appropriate portion of fees
described in Exhibit "H", as applicable, the cost of any permits or licenses required to perform
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the Scope of Services, and any other costs approved by AHS. Each draw request submitted by
the Consultant shall include copies of all third party invoices for any subcontractors or other
consultants hired, any invoices for materials, any conditional and unconditional lien releases for
invoices submitted by subcontractors or other consultants, and any forms or documents provided
by AHS that AHS requires to be included as part of the Consultant's draw request. All funds
draw requests shall be signed by the Consultant and approved and signed by an AHS
Representative or an AHS designated agent. Upon receipt of the Consultant's draw request
package, AHS shall review the draw request package and notify the Consultant whether it
approves of the draw request within three (3) working days after receipt of the draw request.
AHS shall issue a check or wire transfer to the Consultant equal to the total amount of those
costs included in the draw request and approved by AHS.
5. Records Retention. Records, maps, field notes and supporting documents and all
other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by
the Consultant and shall be made available to AHS for examination and for purposes of
performing an audit for a period of five (5) years from the date of expiration or termination of
this Agreement or for a longer period, as required by law. Such records shall be available to
AHS and to appropriate county, state or federal agencies and officials for inspection during the
regular business hours of the Consultant. If the Consultant does not maintain regular business
hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m.
Monday through Friday, excluding federal and state government holidays. In the event of
litigation or an audit relating to this Agreement or funds paid to the Consultant by AHS under
this Agreement, such records shall be retained by the Consultant until all such litigation or audit
has been resolved.
6. Indemnification. The Consultant shall defend, indemnify and hold harmless
AHS, its officers, employees, representatives, and agents (collectively, the "Indemnified
Parties") from and against any and all actions, suits, proceedings, claims, demands, losses, costs
and expenses, including audit fees and other audit related costs, legal costs and attorneys fees, for
injury or damage of any type claimed as a result of the acts or omissions of the Consultant, its
officers, employees, subcontractors and agents, arising from or related to performance by the
Consultant of the work required under this Agreement; provided, however, in no event shall the
Consultant be liable to the Indemnified Parties in the event that any such actions, suits,
proceedings, claims, demands, losses, costs and expenses result from the gross negligence,
fraudulent conduct or willful misconduct of the Indemnified Parties, or any one of them.
Moreover, the Consultant shall not be liable to the Indemnified Parties for defects not normally
identified.
Notwithstanding the foregoing, under no circumstances shall the Consultant be liable to
the Indemnified Parties as a result of the failure of AHS to provide to the Consultant any
amounts due to the Consultant in accordance with this Agreement, unless such failure was the
result of gross negligence, fraudulent conduct or willful misconduct on the part of the
Consultant.
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Notwithstanding anything to the contrary provided in this Agreement, it is specifically
understood and agreed, such agreement being a primary consideration for the execution of this
Agreement by the Consultant, that there shall be absolutely no personal liability on the part of
any shareholder, director, officer, manager, member or employee of the Consultant with respect
to any of the terms, covenants and conditions of this Agreement. The Agency hereby waives all
claims, demands and causes of action against the shareholders, directors, officers, members or
employees of the Consultant in the event of any breach by the Consultant of any of the terms,
covenants and conditions of this Agreement.
7. Insurance. The Consultant shall maintain insurance, as set forth in Exhibit "G"
to this Agreement, throughout the term of this Agreement, or in lieu of this insurance coverage,
the Consultant shall require its designated General Contractor to maintain such insurance as set
forth in Exhibit "G" and name the Consultant, AHS and the Redevelopment Agency of the City
of San Bernardino ("Agency") as Additional Insureds under such insurance. The Consultant
shall remain liable to AHS pursuant to Section 6 above to the extent the Consultant is not
covered by applicable insurance for all losses and damages incurred by AHS that are caused
directly or indirectly through the actions or inactions, willful misconduct or negligence of the
Consultant in the performance of the duties incurred by the Consultant pursuant to this
Agreement.
AHS shall maintain insurance against loss or damage to real property under an "all risk"
or "special form" property insurance policy, which shall include coverage against all risks of
direct physical loss, including loss by fire, lightning, terrorism, ordinance or law, and other risks
normally included in the standard ISO special form (which shall include flood insurance if the
property is located within a flood hazard area and which shall include earthquake insurance if the
property is located in an area where earthquake insurance is customarily maintained for similar
residential property). Such insurance shall be in amounts sufficient to prevent the Consultant
from becoming a co-insurer under the policy, and in any event, after application of deductible, in
amounts not less than 100%of the full insurable replacement cost.
8. Press Releases. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior written
consent of AHS, which consent shall not be unreasonably withheld. This Section 8 does not
apply to the advertising or other promotional materials used by the Consultant to sell the
Rehabilitated Home.
9. Default and Remedies.
A. The occurrence of any of the events listed in Exhibit "J", Section A.(1) through
(7), shall after the giving of any written notice described therein, constitutes a default by the
Consultant hereunder("Event of Default").
B. Upon the occurrence of an Event of Default, AHS may, in its sole discretion, take
any of the actions listed in Exhibit"J", Section B.(1)through(7).
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C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or any other
default by the other party.
D. The Consultant has the right to implement the remedies in Exhibit "J", Section
C.(1) and (2), upon the default or failure of AHS to meet any of its obligations under this
Agreement without curing such failure within thirty (30) calendar days after receipt of written
notice of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency.
10. Termination.
A. This Agreement may be terminated by either party for any reason by giving the
other party fifteen (15) calendar days' prior written notice. AHS shall pay the Consultant for all
work authorized by AHS and completed,prior to the effective termination date.
B. In the event of a termination of this Agreement, the Consultant shall provide all
documents, notes, maps, reports, data or other work product developed in performance of the
Scope of Services of this Agreement to AHS within ten(10) calendar days after such termination
and without additional charge to AHS.
C. In the event of the expiration or early termination of this Agreement for any
reason, AHS shall pay and/or reimburse the Consultant for all services, materials and supplies as
may have been furnished to AHS prior to the date of the termination of this Agreement.
11. Notice. All notices given hereunder shall be in writing. Notices shall be
presented in person or by certified or registered United States Mail, return receipt requested,
postage prepaid or by overnight delivery by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed effective on
the third (3`d) business day following the deposit of such Notice with the United States Postal
Service. This Section 11 shall not prevent the parties hereto from giving notice by personal
service or telephonically verified fax transmission, which shall be deemed effective upon actual
receipt of such personal service or telephonic verification. Either party may change their address
for receipt of written notice by notifying the other party in writing of a new address for
delivering notice to such party.
CONSULTANT: Inland Empire Concerned African American Churches
Attention: President
1777 West Baseline Road
San Bernardino, CA 92411
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AHS: Affordable Housing Solutions of San Bernardino, Inc.
Attention: Carey K. Jenkins, Chief Operating Officer
201 North"E" Street, Suite 301
San Bernardino, California 92401
Phone: (909)663-1044
Fax: (909) 888-9413
12. Compliance with Law. The Consultant shall comply with all local, state and
federal laws, including,but not limited to, environmental acts, rules and regulations applicable to
the work to be performed by the Consultant under this Agreement. The Consultant shall
maintain all necessary licenses and registrations for the lawful performance of the work required
of the Consultant under this Agreement.
13. Nondiscrimination. The Consultant shall not discriminate against any person on
the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Agreement. Without limitation,the
Consultant hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status or national origin. Further, the
Consultant shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such
action shall include,but not be limited to,the following: recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, the Consultant shall not exclude from
participation under this Agreement any employee or applicant for employment on the basis of
age,handicap or religion in compliance with state and federal laws.
14. Consultant and each Subcontractor are Independent Contractors. The
Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its
subcontractors shall at any time or in any manner represent that it or any of its employees are
employees of AHS or any department, commission or subsidiary entity of AHS. AHS shall not
be requested or ordered to assume any liability or expense for the direct payment of any salary,
wage or benefit to any person employed by the Consultant or its subcontractors and vendors to
perform any item of work described in the Scope of Services. The Consultant is entirely
responsible for the immediate payment of all subcontractor liens.
15. Severability. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
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16. Entire Agreement. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements between
the parties concerning the subject matters covered herein. The parties intend this Agreement to
be the final expression of their agreement with respect to the subjects covered herein and a
complete and exclusive statement of such terms.
17. Amendment or Modification. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto. Any
such modification or amendment shall be valid,binding and legally enforceable only if in written
form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution. Any such amendment or modification to be effective as to
AHS must be approved by its officers or designated representatives.
18. Governing Law. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. Non-Waiver. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
20. Assignment. This Agreement shall be assignable by the Consultant only if the
Consultant obtains the prior express written consent of AHS, which consent may be withheld by
AHS in its sole discretion. Notwithstanding anything to the contrary in this Agreement, no
purported assignment of this Agreement shall be effective if such assignment would violate the
terms, conditions and restrictions of any applicable governmental restrictions. AHS' consent to
such assignment shall be expressly conditioned upon (i) the assignee's execution of such
documents as required by AHS in its sole discretion, including, without limitation, any and all
documents deemed necessary by AHS to provide for said assignee's assumption of all of the
obligations of the Consultant hereunder and under any documents executed by the Consultant in
connection herewith, and (ii) AHS' approval of the financial and credit-worthiness of such
proposed assignee and the assignee's ability to perform all of the Consultant's obligations under
this Agreement and all documents executed in connection herewith, as may be determined by
AHS at its sole discretion.
21. Representations of Persons Executing the Agreement. The persons executing
this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and
bind the parties each purports to represent.
22. Execution in Counterparts. This Agreement may be executed in one (1) or
more counterparts, each of which will constitute an original.
23. Effectiveness of the Agreement as to AHS. This Agreement shall not be
binding on AHS until signed by an authorized representative of the Consultant, and approved
and executed by the Chief Executive Officer of AHS or his designee. The Agency shall provide
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the Consultant with written notice of the approval of this Agreement upon Community
Development Commission of the City of San Bernardino ("Commission")action.
24. Conflicts of Interest. The Consultant hereby represents that it has no interests
adverse to AHS or the Agency, at the time of execution of this Agreement. The Consultant
hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any
agreement or acquire any interests detrimental or adverse to AHS or the Agency. Additionally,
the Consultant hereby represents and warrants to AHS and the Agency that the Consultant and
any partnerships, individual persons or any other party or parties comprising the Consultant,
together with each subcontractor who may hereafter be designated to perform services pursuant
to this Agreement, do not have and, during the term of this Agreement, shall not acquire any
property ownership interest, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements relating to AHS or the
Agency, property over which AHS or the Agency have jurisdiction or any members or staff of
AHS or the Agency that have not been previously disclosed in writing to AHS, and that any such
property ownership interests, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements will not adversely
affect the ability of the Consultant to perform the services to AHS as set forth in this Agreement.
AHS acknowledges and agrees that the foregoing shall not prohibit the Consultant or any
affiliates thereof from managing or applying for funds granted by HUD pursuant to the NSP and
allocated or awarded to jurisdictions outside of the City of San Bernardino, California, or from
receiving a direct grant of funds from HUD pursuant to the NSP.
25. Non-Exclusivity. This Agreement shall not create an exclusive relationship
between AHS and the Consultant for the services set forth in Exhibit "E" or any similar or
related services. AHS may, during the term of this Agreement, contract with other consultants
for the performance of the same, similar or related services as those that may be performed by
the Consultant under this Agreement. AHS reserves the discretion and the right to determine the
amount of services to be performed by the Consultant for AHS under this Agreement, including,
not requesting any services at all. This Agreement sets forth the terms upon which any such
services will be provided to AHS by the Consultant, if such services are requested by AHS, as
set forth in this Agreement.
26. Consequential Damaees and Limitation of Liability. AHS and the Consultant
agree that except as otherwise provided in this Section 26, in no event will either be liable to the
other under this Agreement for any damages including, but not limited to, special damages, loss
of revenue, loss of profit, operating costs or business interruption losses, regardless of cause,
including, breach of contract, negligence, strict liability or otherwise. The limitations and
exclusions of liability set forth in this Section 26 shall apply regardless of fault, breach of
contract, tort, strict liability or otherwise of the Consultant and AHS, their employees or
subconsultants.
27. Business Reeistration Certificate. The Consultant warrants that it possesses, or
shall obtain immediately after the execution and delivery of this Agreement, and maintain during
the period of time that this Agreement is in effect, a business registration certificate pursuant to
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Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses,
permits, qualifications, insurance and approvals of whatever nature that are legally required to be
maintained by the Consultant to conduct its business activities within the City.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
AHS
Affordable Housing Solutions of San Bernardino, Inc.
a California 501(c)(3)public benefit corporation
Dated: By:
Emil A. Marzullo, Chief Executive Officer
Approved as to Form:
i
I
By:
Timothy J. Sab4 Agency Counsel
CONSULTANT
Inland Empire Concerned African American Churches
a California 501(c)(3)public benefit corporation
Dated: By:
Name:
Title:
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Exhibit"A"
Legal Description
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Order Number: RRI-3420554
t - Page Number: 6 -
LEGAL DESCRIPTION
Real property In the Gty of San Bernardino,County of San Bernardino,State of California,
described as follows:
LOT 42,TRACT NO. 3538, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 46 OF MAPS PAGE 56, RECORDS OF
SAID COUNTY.
APN: 0143-133-42
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RrstAmencan Title
Exhibit `B"
Total Development Cost Pro Forma
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EXHIBIT B TO DEVELOPMENT AGREEMENT
TOTAL DEVELOPMENT COST PRO FORMA
Acouisiton Costs
List Price 44,500 Appraisal value before rehab
Discount 445 Amount of discount allowed by the seller
Purchase Price 44,055 Difference between List Price and Discount
Closing Costs 531 Escrow and Title Fees, etc.
Subtotal Acquisition Costs 44,586
Rehabilitation Costs
Direct Rehabilitation 54,460 Cost estimated to complete scope of work
Contingency 5,446
Property Management Fee 1. 13,592 Intermediary fixed fee for managing property
Subtotal Rehabilitation Costs 2. 73,498
Indirect Costs
Property Taxes 175 Property taxes incurred during holding period
Homebuyer Qualifying Fee 3. 800 Intermediary fixed fee per homebuyer
General Contractor Fee/Olacy Co. 4. 8,568 Intermediary Fee: fixed % of Dir. Rehab.+ Contingency
Sales Commission 5. 4,500 Intermediary Fee: % of EDA Final Price
Sales Closing Costs 2,500 Escrow, title fees, taxes etc. at sale closing. Insurance
Subtotal Indirect Costs 6. 16,543
Financing Costs
Construction Loan Interest 7. C 0.'..Interest paid on construction/rehab loan
Loan Origination Fee 8. 0 Fee for construction/rehab loan
Subtotal Financing Costs 9. -
TOTAL DEVELOPMENT COST 10 134,627
Sales Price
Estimatd Rehabilitated Market Sales Price 75,000 Estimated value of home after rehabilitation
Total Development Cost 11. 134,627 Total cost calculated above(No. 10)
EDA FINAL SALES PRICE 12 EEE The lower of market sales price or tot. dev, cost
Intermediary Proceeds
Property Management Fee 13. 13,592 From No. 1 above
General Contractor Fee/O.H. 14, 8,568 From No. 3 above
Homebuyer Qualifying Fee 15, 800 From No.4 above
Sales Commission Fee 16. 4,500 From No. 5 above
Reimbursement Const. Loan Int. 17. - From No. 7 above
Reimbursement Loan Orign. Fee 18. - From No. 8 above
TOTAL INTERMEDIARY PROCEEDS 19 27,460 Total of 13 through 18 above
Exhibit"C"
Rehabilitation Scope of Work
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PUgeMwt geWa AunhmentMgen"Aunhments\Agmtt-A 2010W3-1510 MCAAC Dw pmam AVe -Fwl.doc
EXHIBIT "C" TO DEVELOPMENT AGREEMENT
REHABILITATION SCOPE OF WORK
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
COST ESTIMATE WORKSHEET
Date: January 27, 2010
Time:
Location: 1519 W. Virginia Street, San Bernardino, CA 92411
Job Duration:
Estimator:
1 TEMPORARY FACILTIES
2 Remove Chain Line Fence 1 EA 180.00
3 EA
4 Other
5 SITE WORK
6 Final Cleaning 150.00
7 Exterior Demolition
8 Grading SF
9 Excavation SF
10 Remove damaged flat concrete in rear yard 1 EA 1,500.00
11 Approach: Remove and Install New SF
12 Sidewalk: Remove and Install New SF
13 Hazardous Waste Remidiation
14
15 New Wrought Iron Fence LF
16 New Chain Link Fence LF
17 New Wood Fence 210 EA 3,150.00
18 Remove/Install Block Wall LF
19 LANDSCAPING
20 Remove and/or Trim Trees 1 EA 700.00
21 Install Sprinkler System 1 EA 1,500.00
22 Hydro Seed Yard } SF
23 Level Front Yard 1 EA 100.00
24 INTERIOR DEMOLITION
25 Repair all damaged and removed Interior 1 EA 1,200.00
Plaster and Drywall
26 Removal of other items
27 HAZARDOUS COMPONENTS ABATEMENT
28 Lead
29 Asbestos
30 Mold
31 Other
32
33 FOUNDATIONS
34
35 Replace soffit, gable and crawlspace screens 1 ALL
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
36 Replace and Install New Access Door EA 100.00
37 Construct New Access Well with Door EA 100.00
38 Footings SF
39 Concrete SF
40 FRAMINGIWOOD
41 Studs LF
42 Other LF
43 EXTERIOR
44 Sandblast 1 SY 3,600.00
45 Colorcoat, repair all cracks, holes and } 1
46 damage areas SY
47 Wrap and Stucco SY
48 Insulation SF
49 EXTERIOR WINDOWS
50 Replace all windows with low-e 6 EA 2,040.00
51 Missing Putty EA
52 Install new screens EA
53 Replace broken glass panes EA
54 Remove and Install new aluminum EA
55 Block frame single hung or sliders
56 Replace front security door 1 EA 150.00
57 window EA
58 Aluminum -slider 4'x3' standard frame EA
59 Aluminum -slider 4'x3'block frame EA
60 Aluminum -slider hung 3'x4'standard EA
61 Aluminum -slider hung 3'x4' block EA
62 Aluminum -slider 5'x4'standard frame EA
63 Aluminum -slider 5'x4' block frame EA
64 Aluminum -single hung 3'x5' standard frame EA
65 Aluminum -single hung 3'x5' block EA
66 Aluminum -slider 3'x2'standard EA
67 Aluminum -slider 3'x2' block EA
68 Install vertical blinds on dining, LR& bedrooms 4 EA 300.00
69 EXTERIOR DOORS
70 Garage: Remove and Install ALL 650.00
71 Garage side door,jamg, casing &lockset 1 EA 325.00
72 Entry Door EA 325.00
Replace front door casing 1 EA
73 Replace mail boxt door 1 EA
74 ROOFING
75 Si. Complete tear off roof and sheathing 1
76 Installation of aluminized sheathe 1
77 Install compostion roof to code-30 Yr. 1 5,150.00
78 Replace all facia with new six inch fascia 1 450.00
79 Remove all Install gutter and
80 downspouts LF 180.00
81 INTERIOR CONSTRUCTION
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
82 Install R-30 Insulation in attic 1 EA 1,500.00
83 Drywall SF
84 Hollow-core interior door withhinges and 3 EA 465.00
Installation in an existing jamb. Hardboard
wood-textured and embossed
85 Repair bedroom closet doors 1 EA 150.00
86 Shower doors EA
87 Tub Enclosure EA
88 Laundry door EA
89 Other EA
90 FLOORING
91 Carpet Allowance 1 SY 1,200.00
92 Ceramic Tile SF
93 Linoleum 1 SY 600.00
94 Hardwood SF
95 Other
96 PAINTING
97 Prep and paint interior complete two coats 1 EA 1,250.00
98 Stains(kitchen, bath and other cabinets) SF
99 Repair all damaged SF
100 Paint exterior wood 1 EA 850.00
101 CARPENTRY,CABINETS AND MILLWORK
102 Remove and Install new cabinets 1 2,850.00
103 Install and Replace Formica Counter tops 1 EA 650.00
104 Repair framing and plaster as necessary 1 EA 150.00
Repair hall closet doors&cabinets 1 EA 200.00
105 PLUMBING
106 Bathtub&Shower surround 1 EA 480.00
107 Lavatory 1 EA 250.00
108 Kitchen Sink 1 EA 160.00
109 Garbage Disposal 1 EA 80.00
110 Laundry Sink EA 50.00
111 Faucets kitchen, bath&shower 3 EA 350.00
112 Bathtubs EA
113 Tub Wall Kits EA
114 Shower EA
115 Water Heater 1 EA 400.00
116 Roto Root(clean)all drain lines to street ALL 150.00
117 Remove and Install new EA 150.00
118 Anti-syphon hose bibbs
Replace cleanout cover at kitchen exterior 1 EA 50.00
Repair water leak at rear hose bib 1 EA 100.00
119 Interior water supply ball valve with 1 EA 150.00
pressure valve
120 HVAC
121 Install new system lincluding ducts& 1 EA 5,900.00
thermostat
122 Repair duct work LF
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
123 Repair HVAC Unit EA
124 Replace HVAC Unit EA
125 Remove wall heater 1 50.00
126 Other
127 ELECTRICAL
128 Remove and Install new light fixture 7 EA 3,700.00
129 Remove and Install new GFCI outlets EA
130 Remove and Install circuittoutlet EA
131 Install new GFCI outlet 3 EA
132 Remove and Install new circuit breaker EA
133 Remove and Install new wiring LF
(included with Item#45)
134 Cover Plates EA 50.00
135 Smoke detectors EA 375.00
136 Other
137
138 MISCELLANEOUS
139 Install new medicine cabinet, mirror, towel 1 EA 100.00
140 & paper holders
141 Hood vent&fan, stove, dish washer, garbage 1,500.00
142 disposal and
(ironing board cabinet-included in Item#49)
143 (allowance) 1 EA
162 Supervision 3,200.00
163
164
165
166
SUBTOTAL $48,960.00
Insurance Burden (General Liability&Workers Compenssation 2.5%)
OVERHEAD& PROFIT (15%) $6,568.50
GRAND TOTAL GENERAL CONTRACTOR'S BASE BID $57,528.50
APPROVED OPTIONS
1 Remove Existing tile and Install Slate at Front Porch 650.00
2 Install Rear Yard Sprinklers 1,000.00
3 Repipe with Copper Plumbing 3,600.00
4 Replace Interior Base Moulding 250.00
OPTIONS TOTAL $5,500.00
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
Exhibit"D"
Project Timeline
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Exhibit"E"
Scope of Services
1. Secure Property-Ensure that adequate locked fencing is installed on the perimeter of the site
when necessary. Board up windows and outer doorways when necessary in order to prevent
looting and vandalism of the Rehabilitated Home.
2. Property Management- Maintain utilities service, pay for monthly utilities bill(s) during the
holding period (the Consultant will be reimbursed for this cost), interior and exterior
appearance and marketability of the Rehabilitated Home as needed.
3. Approved Budget - The approved budget includes the estimate of the costs the Consultant
expects to incur in order to complete the Scope of Work defined herein, provided in Exhibit
"B" (the "Total Development Cost Pro Forma"). This budget estimate includes all costs
associated with the rehabilitation of the Rehabilitated Home, including labor and materials
for rehabilitation work, contingency, the Project Management Fee, the General Contractor
Fee/Overhead, the Sales Commission Fee and the Homebuyer Qualifying Fee, includes the
cost of enrolling the prospective buyer of the Rehabilitated Home deemed qualified by the
Consultant under the conditions in this Agreement (the "Qualified Homebuyer") in a
homebuyer education course administered by an AHS approved third party vendor or
organization.
4. Project Timeline - The approved estimated timeline provided in Exhibit "D" sets forth the
completion of the various steps involved in the acquisition, rehabilitation and resale of the
Rehabilitated Home (the "Project Timeline"). The timeline starts from the point that the
selected Consultant enters into the contract for the Rehabilitated Home with AHS through the
close of sale to the Qualified Homebuyer. Major steps included in the timeline are
construction period, completion of construction, issuance of the Certificate of Completion,
start of marketing period for the home, projected number of weeks needed to identify a
Qualified Homebuyer, escrow period and close of escrow.
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5. Rehabilitation Scope of Work-The approved detailed, line item budget of the costs required
to complete the rehabilitation scope of work agreed upon by AHS and the Consultant,
provided in Exhibit "C" (the "Rehabilitation Scope of Work") serves as the Consultant's
price bid for the Rehabilitation Scope of Work.
6. Manage Rehabilitation Work - Manage the rehabilitation of the Rehabilitated Home to
include,but not be limited to: (i) ensuring that all tasks identified in the Rehabilitation Scope
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of Work are completed on a timely basis and all work performed satisfies AHS' standards;
(ii) conducting weekly on-site project inspections; (iii) managing relationships with all
subcontractors and vendors; (iv) obtaining all necessary permits required to complete the
Rehabilitation Scope of Work; (v) ensuring that all rehabilitation work complies with all
applicable municipal codes; (vi) submitting funds draw requests to AHS in a timely and
accurate manner; (vii) paying all sub-contractors hired by the Consultant and all vendors
providing materials used in the performance of the Rehabilitation Scope of Work on a timely
and accurate basis; and(viii)administering both conditional and unconditional lien releases.
7. Marketing — Market the Rehabilitated Home through advertising and published promotional
materials. Adhere to AHS' Affirmative Marketing Guidelines (Please see Exhibit"IC').
8. Identify Qualified Homebuyer- Identify and present prospective homebuyers to be approved
by AHS in writing, facilitate adequate homebuyer training and facilitate financing of
property which may include Down Payment Assistance from the Agency, pre-qualify the
homebuyer for eligibility to purchase the Rehabilitated Home and collect those application
documents from the Qualified Homebuyer identified in Exhibit"I", Section"A".
In addition, the Consultant is required to make best efforts to ensure that a fixed rate
permanent loan secured by a first trust deed ("First Mortgage Loan") is made available to the
Qualified Homebuyer at the lowest commercially available rate and most favorable terms.
9. Escrow—Work with the AHS selected title company and manage the escrow process through
closing on behalf of the Qualified Homebuyer, ensure that all AHS sale documents are
executed,notarized and recorded as needed.
10. Files — Maintain adequate files for the Rehabilitated Home, ensuring compliance with all
Neighborhood Stabilization Program requirements, files shall include, but not be limited to,
all documents listed in Exhibit"I", and all documents required to verify compliance with the
Affirmative Marketing Guidelines stated in Exhibit "K", such as homebuyer waiting lists,
copies of advertisements published in local and community newspapers, etc.
11. Appraisal — Work with the AHS designated Appraiser to determine the sales price for the
Rehabilitated Home.
12. Environmental - Ensure that all environmental mitigation measures recommended by AHS'
Environmental Consultant are carried out as part of the Rehabilitation Scope of Work.
Provide proof of completion of these mitigation measures.
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13. Closing Requirements:
A. The Consultant shall cause the closing of the sale of the Rehabilitated Home by
following the procedures and complying with the requirements set forth in Exhibit
"P", Section A.
B. The Consultant shall cause the closing of any Agency Down Payment Assistance
Loans, if applicable, in accordance with the procedures and requirements established
in Exhibit"P', Section B.
14. Building Standards:
The Consultant shall adhere to the building standards stipulated in Exhibit "L" when
performing any rehabilitation work on the Rehabilitated Home.
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Exhibit "F"
AHS Representatives
AHS Officers:
Emil A. Marzullo,
Chief Executive Officer
Carey K. Jenkins,
Chief Operating Officer
Authorized AHS Representatives:
Samuel Hughes,
Consultant
Fernando S. Portillo,
Consultant
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EXHIBIT "G"
Insurance Requirements
The Consultant and its General Contractor shall maintain insurance policies issued by an
insurance company or companies authorized to do business in the State of California and
that maintain during the term of the policy a "General Policyholders Rating" of at least
A(v), as set forth in the then most current edition of"Bests Insurance Guide," as follows:
(1) Automobile Insurance. Comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per
occurrence for each vehicle leased or owned by the Consultant or its subcontractors and
used in performing work under this Agreement.
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(2) Worker's Compensation Insurance. Worker's compensation
coverage in accordance with California workers' compensation laws for all workers under
the Consultant's and/or subcontractor's employment performing work under this
Agreement.
(3) Liability Insurance. AHS requires comprehensive liability
insurance, including coverage for personal injury, death,property damage and contractual
liability, with a limit of at least One Million Dollars ($1,000,000), including products and
completed operations coverage. Said insurance shall be primary insurance with respect
to AHS and the Agency. The Consultant shall require and ensure that the Consultant's
contractors include AHS and the Agency, as additional insureds on all general liability
insurance covering work at the Rehabilitated Home. All insurance policies required of
the Consultant or its contractors as provided herein, shall extend the subject insurance
coverage to:
"The City of San Bernardino, the Redevelopment Agency of the City of
San Bernardino and Affordable Housing Solutions of San Bernardino, Inc., their officers
officials,attorneys, agents, employees and volunteers"
In lieu of directly obtaining the insurance coverage mentioned in this Exhibit"G",
the Consultant can require its General Contractor to name the Consultant as an additional
insured on the insurance policies obtained by the General Contractor for the purposes of
satisfying the insurance requirements herein.
Concurrent with the execution of this Agreement and prior to the commencement
of any work by the Consultant, the Consultant shall deliver to AHS, copies of policies or
certificates evidencing the existence of the insurance coverage required herein, which
coverage shall remain in full force and effect continuously throughout the term of this
Agreement. Each policy of insurance that the Consultant purchases in satisfaction of the
insurance requirements of this Agreement shall name AHS, the Agency and if applicable,
the Consultant as an additional insured and shall provide that the policy may not be
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cancelled, terminated or modified, except upon thirty (30) days prior written notice to
AHS.
Failure on the part of the Consultant to procure or maintain the insurance
coverage required in this Exhibit "G" for fifteen (15) days or longer shall constitute a
material breach of this Agreement pursuant to which AHS may exercise all rights and
remedies set forth herein and, at its sole discretion, and without waiving such default or
limiting the rights or remedies of AHS, procure or renew such insurance and pay any and
all premiums in connection therewith and all monies so paid by AHS shall be reimbursed
by the Consultant to AHS upon demand including interest thereon at the rate of ten
percent (10%) per annum interest compounded annually from the date paid by AHS to
the date reimbursed by the Consultant. The Agency shall have the right, at its election,to
participate in and control any insurance claim adjustment or dispute with the insurance
carrier. The Consultant's failure to assert or delay in asserting any claim shall not
diminish or impair the rights of AHS against the Consultant or the insurance carrier.
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Exhibit"H"
Consultant Payment and Reimbursement
The Consultant shall be paid four (4) different fees by AHS. The four (4) fees that the
Consultant is eligible to receive are:
1. Project Management Fee;
2. General Contractor Fee/Overhead;
3. Homebuyer Qualifying Fee; and
4. Sales Commission Fee.
The amount of the fees to be paid to the Consultant by AHS for completing the Scope of
Services detailed in Exhibit "E" is recorded in the Development Pro Forma attached as
Exhibit"B"to this Agreement. The costs contained in the Development Pro Forma serve
as the budget for the project, and the Consultant will be required to complete the work in
accordance with that budget. This budget must be approved by AHS Representative(s)
prior to the start of any rehabilitation work by the Consultant.
Project Management Fee-The Project Management Fee is the compensation received by
the Consultant for securing, maintaining and marketing the property. Some of the tasks
that might be included under this function are such things as, fencing the property,
mowing the lawn, clearing debris from the lawn, removal of graffiti, etc. The Project
Management Fee may also include any marketing costs incurred by the Consultant, such
as online or print advertising and website design, as approved by AHS. The Consultant is
eligible to receive fifty percent (50%) of this fee upon commencement of the
Rehabilitation Scope of Work, to be invoiced by the Consultant in the fast funds draw
request submitted by the Consultant to AHS. The remaining portion of this fee shall be
payable to the Consultant after the rehabilitation work is completed, as evidenced by an
AHS issued Certificate of Completion or a City issued Certificate of Occupancy, as
applicable. The remaining portion of this fee shall be paid to the Consultant upon the
close of the Rehabilitation Home Sales Escrow.
General Contractor Fee/Overhead - The General Contractor Fee/Overhead is the total
amount paid by AHS for management of the rehabilitation work as defined in Exhibit
`B", Section 6. If the Consultant hires a General Contractor, then the Consultant is
responsible for negotiating a fee structure with its hired General Contractor, but in no
event, will AHS pay an amount above the General Contractor Fee/Overhead stated in this
Agreement, nor will AHS pay a separate General Contractor Fee/Overhead to the General
Contractor. The amount of this fee is a fixed fee for the rehabilitation work. The costs of
the rehabilitation work shall include direct labor and materials involved in the
performance of the Rehabilitation Scope of Work plus the budgeted contingency for this
work. A portion of this fee commensurate with the percentage of completion of the
Rehabilitation Scope of Work shall be paid with each funds draw request submitted by
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the Consultant.
Any additional costs arising from unexpected conditions on the site or other unexpected
difficulties must be written up as a change order and AHS Representative(s) must sign
and approve the change order at the discretion of the AHS Representative(s) in order for
these costs to be included as part of the overall rehabilitation costs, which would then
increase the absolute amount of the General Contractor Fee/Overhead.
Homebuyer Qualifying Fee — This fee is paid to the Consultant for identifying and
assisting AHS in qualifying the prospective homebuyer for the sale of the Rehabilitated
Home. This is a one-time fixed fee. This fee will include the Consultant's
reimbursement for any costs associated with the prospective homebuyer's "Homebuyer
Education Training"and payments to third party service providers, such as Neighborhood
Housing Services of the Inland Empire ("NHSIE"), or another such service provider.
The Homebuyer Qualifying Fee shall be paid upon the close of the Rehabilitated Home
Sales Escrow.
Sales Commission Fee — The sales Commission Fee represents the payment received by
the Consultant for managing the Rehabilitated Home Sale Escrow process on behalf of
AHS to assist the Qualified Homebuyer through the Rehabilitated Home Sales Escrow
process. The amount of this fee is calculated as a fixed percentage of the final sales price
to the Qualified Homebuyer. The Sales Commission Fee shall be paid upon the close of
the Rehabilitated Home Sales Escrow.
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Exhibit"I"
Closing Requirements
A. Sale of Rehabilitated Properties
The Consultant shall initiate the sale of a Rehabilitated Property to a Qualified
Homebuyer by submitting to the Agency a purchase/sale agreement executed by the
prospective homebuyer, verifying documentation from the prospective buyer with respect
to residency, income and the property condition as the Agency, or its designee, may
reasonably request (collectively, "Homebuyer Application"). [NOTE: NSP regulations
limit the income on NSP funded properties. The Agency should be involved in the
negotiation of sales documents of the properties.] The Homebuyer Application shall
consist of the following information in the form provided or approved by the Agency:
i. Last Three (3) Years Tax Returns (State and Federal) (1040's) signed with
W21s attached. Two (2) Current Pay Stubs for all household members who
will reside in the home.
ii. A California Association of Realtors California Residential Purchase
Agreement fully executed by the prospective homebuyer (With
Agency Addendum(s) attached).
iii. Neighborhood Stabilization Program Homebuyer Application.
iv. Income Certification.
V. Application Affidavit— Completely filled out and signed by the prospective
homebuyer.
vi. Signed Lead-Base Paint Disclosure Form (for homes built prior to 1978).
The Agency does not supply this form.
vii. Copy of Employment Verification for each Homebuyer.
viii. 2 Months of Current Bank Statements.
ix. 3-Year Rental History.
X. Homebuyer Education Certificate from NHSIE or another like service
provider.
Within seven (7) calendar days after the receipt of the Homebuyer Application by the
Agency, Agency Staff will notify the Consultant of approval or denial of the prospective
homebuyer's eligibility and confirmation of such eligibility by means of a Reservation
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Letter (all reservations will be automatically valid for sixty (60) calendar days from the
date of confirmation) [NOTE: The Agency should execute the sales agreement]. Upon
notification by Agency Staff of the prospective homebuyer's eligibility, the Consultant
shall open an Escrow account with an Agency approved escrow company (the "Escrow
Holder"). The Agency shall furnish the Escrow Holder with executed escrow
instructions. The Consultant shall not permit any Escrow to close for the sale of a
Rehabilitated Property until and unless the escrows instructions executed by the Agency
(and countersigned, if requested by Agency Staff, by the First Trust Deed Lender) have
been submitted to the Escrow Holder. As provided in the Agency escrow instructions,
Escrow shall also not close unless and until:
1. The Escrow Holder holds the following documents : (1) Agency Notice of
Affordability Restrictions executed by the Qualified Homebuyer and
notarized; and (2) a grant deed with respect to the Rehabilitated Property
purchased by the Qualified Homebuyer, executed and acknowledged by
the selling entity; and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Property is provided to the Agency naming the Agency as
additionally insured; and
3. Rehabilitation of the Rehabilitated Property shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and the City shall have issued a final certificate of occupancy
for the Rehabilitated Property; and
4. The Consultant's execution and delivery to the Agency of the Sub-
agreement.
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Project or the Rehabilitated Property.
Within seven (7) calendar days after the receipt of the Homebuyer Application by AHS,
the AHS Representative(s) will notify the Consultant of approval or denial of the
prospective homebuyer's eligibility and confirmation of such eligibility by means of a
Reservation Letter (all reservations will be automatically valid for sixty (60) calendar
days from the date of confirmation) [NOTE: AHS should execute the sales agreement].
Upon notification by the AHS Representative(s) of the prospective homebuyer's
eligibility, the Consultant shall open the Rehabilitation Home Sales Escrow account with
an AHS approved escrow company (the "Escrow Holder"). AHS shall furnish the
Escrow Holder with executed escrow instructions. The Consultant shall not permit the
Rehabilitation Home Sales Escrow to close until and unless the escrow instructions
executed by AHS (and countersigned, if requested by AHS Representative(s), by the First
Trust Deed Lender) have been submitted to the Escrow Holder. As provided in the AHS
escrow instructions,Escrow shall also not close unless and until:
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1. The Escrow Holder holds the following documents : (1)Agency Notice of
Affordability executed by the Qualified Homebuyer; and (2) a grant deed
with respect to the Rehabilitated Home, executed and acknowledged by
the selling entity(the "AHS Grant Deed"); and
i 2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Home is provided to AHS naming AHS and the Agency as
additionally insured; and
I 3. The Rehabilitation Scope of Work shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and AHS shall have issued a Certificate of Completion or the
City shall have issued a Certificate of Occupancy for the Rehabilitated
Home, as applicable; and
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Rehabilitated Home.
B. Down Payment Assistance
In the case where the Qualified Homebuyer needs down payment assistance to facilitate
the purchase of the Rehabilitated Home, the Consultant shall assist the Qualified
Homebuyer in applying for such assistance from the Redevelopment Agency of the City
of San Bernardino's ("Agency") Homebuyer Assistance Program ("HAP"), at the
Qualified Homebuyer's election. The requirements and the application process for
obtaining such assistance are described fully in the Agency's HAP Program Manual,
which can be obtained at the Agency's offices. The process for applying for such
assistance is summarized below, but in the event that a conflict exists between the
description of the HAP Program contained herein and the HAP Program Manual, the
requirements and procedures described in the HAP Program Manual shall prevail.
In order to reserve Agency Down Payment Assistance Loan assistance to facilitate the
purchase of the Rehabilitated Home, the Consultant must include in the Homebuyer
Application described in Section A, herein, the following information in the form
provided or approved by AHS and the Agency:
i. Verification for Applicant Eligibility, completely filled out and signed by the
prospective homebuyer and the First Trust Deed Lender;
ii. Copy of Credit Report. If the prospective homebuyer lacks credit history or
scores are lower than 640, please provide secondary credit such as a landlord
letter or utility statements; and
iii. Agency Down Payment Assistance Loan Worksheet.
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The obligation of the Agency to fund each Agency Down Payment Assistance Loan shall
be subject to satisfaction of all of the conditions stated in Section A, herein, together with
the following conditions (collectively, the"Closing Conditions"):
(a) The Escrow Holder holds the following documents: 1) the Qualified
Homebuyer Agency Down Payment Assistance Loan Agreement executed by
the Qualified Homebuyer and the Agency; (2) the Agency Promissory Note
executed by the Qualified Homebuyer in favor of the Agency in the same
amount as the Agency Down Payment Assistance Loan; and (3) the Agency
Subordinate Deed of Trust and Assignment of Rents acknowledged and
executed by the Qualified Homebuyer in favor of the Agency; and
(b) Any one of the following title companies whether (i) First American Title, (ii)
North American Title, (iii) Chicago Title, (iv) Stewart Title or (v) another title
insurer approved by the Agency ("Title Company") shall have assured the
Agency in writing that with respect to each Agency Down Payment
Assistance Loan, the Agency shall receive upon recordation of the Agency
Subordinate Deed of Trust and Assignment of Rents a CLTA lenders policy of
title insurance in the amount of the Agency Down Payment Assistance Loan
Note (the "Agency Title Policy") insuring the priority of the Agency
Subordinate Deed of Trust and Assignment of Rents, subject only to the First
Mortgage Loan and other exceptions approved by the Agency following the
Agency's prior review of a preliminary title report for the Rehabilitated
Home, which preliminary title report must be received by the Agency no later
than seven (7) calendar days after the approval by the Agency of the
Homebuyer Application; and
(d) The Agency shall have reviewed and approved the Qualified Homebuyer for
the Agency Down Payment Assistance Loan in the Agency's sole discretion,
and the eligibility conditions in the applicable sections of the HAP Manual
shall have been satisfied. In accordance with the Neighborhood Stabilization
Program, the Rehabilitated Home is not restricted for sale to first-time
homebuyers; therefore, these properties are exempt from the requirements in
Section H. B. 1. of the HAP Manual; and
(e) No stop notice or mechanics' lien shall have been filed against the
Rehabilitated Home unless discharged as provided by law.
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EXHIBIT "J"
Events of Default and Remedies
A. Events of Default
The occurrence of any of the following shall, after the giving of any notice described
therein, constitute a default by the Consultant hereunder("Event of Default'):
(1) The failure of the Consultant to pay or perform any monetary
covenant or obligation under the Agreement or any of the documents executed in
connection herewith, without curing such failure within ten (10) calendar days after
receipt of written notice of such default from AHS (or from any party authorized by AHS
to deliver such notice as identified by AHS in writing to the Consultant);
(2) The failure of the Consultant to perform any non-monetary
covenant or obligation hereunder or any of the documents executed in connection
herewith that results in a material adverse effect to AHS, without curing such failure
within thirty (30) calendar days after receipt of written notice of such default from AHS
(or from any party authorized by AHS to deliver such notice as identified by AHS in
writing to the Consultant) specifying the nature of the event or deficiency giving rise to
the default and the action required to cure such deficiency; provided, however, that if any
default with respect to a non-monetary obligation is such that it cannot be cured within a
thirty-day period, it shall be deemed cured if the Consultant commences the cure within
said thirty-day period and diligently prosecutes such cure to completion thereafter.
Notwithstanding anything herein to the contrary,the herein described notice requirements
and cure periods shall not apply to any Event of Default described in Sections (3)through
(6)below;
(3) The falsity of any representation or breach of any warranty or
covenant made by the Consultant under the terms of this Agreement or any documents
executed in connection herewith;
(4) The Consultant or any constituent member or partner, or majority
shareholder, of the Consultant shall (a) apply for or consent to the appointment of a
receiver, trustee, liquidator or custodian or the like of its property, (b) fail to pay or admit
in writing its inability to pay its debts generally as they become due, (c) make a general
assignment for the benefit of creditors, (d) be adjudicated a bankrupt or insolvent or (e)
commence a voluntary case under the Federal bankruptcy laws of the United States of
America or file a voluntary petition that is not withdrawn within ten (10) calendar days
after the filing thereof or an answer seeking an arrangement with creditors or an order for
relief or seeking to take advantage of any insolvency law or file an answer admitting the
material allegations of a petition filed against it in any bankruptcy or insolvency
proceeding;
i
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(5) If without the application, approval or consent of the Consultant, a
proceeding shall be instituted in any court of competent jurisdiction, under any law
relating to bankruptcy, in respect of the Consultant or any constituent member or partner,
or majority shareholder, of the Consultant, for an order for relief or an adjudication in
bankruptcy, a composition or arrangement with creditors, a readjustment of debts, the
appointment of a trustee, receiver, liquidator or custodian or the like of the Consultant or
j of all or any substantial part of the Consultant's assets, or other like relief in respect
thereof under any bankruptcy or insolvency law, and, if such proceeding is being
contested by the Consultant, in good faith, the same shall (a) result in the entry of an
order for relief or any such adjudication or appointment, or (b) continue undismissed, or
pending and unstayed,for any period of ninety(90)consecutive calendar days;
(6) Voluntary cessation of the construction activities, active property
management, or marketing activities related to the Rehabilitated Home for a continuous
Iperiod of more than ten (10) calendar days or the involuntary cessation of the above
named activities in accordance with this Agreement for a continuous period of more than
thirty (30) calendar days;
(7) A mechanic's lien or any other type of encumbrance on AHS'
property resulting from the Consultant's failure to fulfill its financial or other contractual
obligations with respect to any of its vendors or subcontractors is not removed within ten
(10) calendar days after receipt of written notice of such default from AHS (or from any
party authorized by AHS to deliver such notice as identified by AHS in writing to the
Consultant).
B. AHS Remedies:
Upon the occurrence of an Event of Default hereunder, AHS may, in its sole
discretion,take any one or more of the following actions:
i
(1) Withhold any payment of fees or reimbursement of eligible
expenses to the Consultant unless and until the Event of Default (if curable) is cured or
this Agreement is terminated in accordance with Section 9 of this Agreement;
(2) Demand reimbursement from the Consultant for any payments
made to it by AHS for which the contracted work product was not satisfactorily delivered
r by the Consultant;
i
(3) Confiscate any material or other work product purchased or
produced by the Consultant during the course of completing the Scope of Work indicated
in this Agreement;
i
(4) Take any and all actions and do any and all things which are
allowed, permitted or provided by law, in equity or by statute, in the sole discretion of
AHS, to enforce performance and observance of any obligation, agreement or covenant
of the Consultant under this Agreement or under any other document executed in
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connection herewith;
(5) Upon the occurrence of an Event of Default which is occasioned
by the Consultant's failure under this Agreement to pay money, AHS may, but shall not
be obligated to, make such payment. If such payment is made by AHS, the Consultant
shall deposit with AHS, upon written demand therefore, such sum plus interest at the rate
of ten percent(10%) per annum with interest to be compounded annually. In either case,
the Event of Default with respect to which any such payment has been made by AHS
shall not be deemed cured until such repayment (as the case may be) has been made by
the Consultant;
(6) Upon the occurrence of an Event of Default described in Section
A.(4) or A.(5) hereof, AHS shall be entitled and empowered by intervention in such
proceedings or otherwise to file and prove a claim for any amount owing to AHS under
this Agreement and unpaid and, in the case of commencement of any judicial
proceedings, to file such proof of claim and other papers or documents as may be
necessary or advisable in the judgment of AHS and its counsel to protect the interests of
AHS and to collect and receive any monies or other property in satisfaction of its claim.
C. AHS Default and Consultant Remedies:
Upon fault or failure of AHS to meet any of its obligations under this Agreement
without curing such failure within thirty (30) calendar days after receipt of written notice
of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency, the Consultant may, as
its sole and exclusive remedies:
(1) Bring an action in equitable relief seeking the specific performance
by AHS of the terms and conditions of this Agreement or seeking to enjoin any act by
AHS which is prohibited hereunder; and/or
(2) Bring an action for declaratory relief seeking judicial
determination of the meaning of any provision of this Agreement. Without limiting the
generality of the foregoing, the Consultant shall in no event be entitled to, and hereby
waives, any right to seek indirect or consequential damages of any kind or nature from
the Consultant arising out of or in connection with this Agreement, and in connection
with such waiver the Consultant is familiar with and hereby waives the provisions of
Section 1542 of the California Civil Code which provides as follows: "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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EXHIBIT "K"
Affirmative Marketing Requirements
In accordance with the California Fair Employment and Housing Act, the Consultant acting
as agent for AHS,the owner and seller of the Rehabilitated Home, in marketing the sale of
the Rehabilitated Home, must adhere to the following affirmative marketing guidelines in
order to create awareness for the general public and certain community groups as to the
availability of residential properties designated for lower- and/or moderate-income
households.
I. Provide an affirmative marketing plan and procedures for the sale of the Rehabilitated
Home. Procedures to be used must identify how persons in the housing market area
who are not likely to apply for the housing without special outreach shall be informed
and made aware of available affordable housing opportunities.
2. The Consultant's Affirmative Marketing Plan shall consist of a written marketing
strategy designed to provide information and to attract eligible persons in the housing
market area to the Rehabilitated Home without regard to race, color, national origin,
sex, religion, marital and familial status, disability, medical condition, sexual
orientation, or ancestry. It shall describe initial advertising, outreach (community
contacts) and other marketing activities, which will inform potential buyers of the
availability of the Rehabilitated Home. It shall also outline an outreach program which
includes special measures designed to attract those groups identified as least likely to
apply without special outreach efforts (because of existing neighborhood racial or
ethnic patterns, location of housing or other factors) and other efforts designed to attract
persons from the total eligible population.
3. Insert Equal Housing Opportunity logotype, statement or slogan on all written
outreach tools (i.e., signs, advertisements, brochures, direct mail solicitations, press
releases, etc.)
4. In addition to the above, the Affirmative Fair Housing Marketing Plan shall outline:
a. Commercial Media to be used (i.e., community newspapers and non-English
language newspapers, radio, television, billboards, religious or local real estate
publications, etc.).
b. Marketing efforts to be used (i.e., brochures, letters, handouts, direct mail,
signs,etc.)
C. Community contacts to supplement formal communications media for the
purpose of soliciting those groups least likely to purchase the available housing
without special outreach efforts. They should be individuals or organizations
(i.e., service agencies, community organizations, places of worship, etc.) that
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have direct and frequent contact with those identified as least likely to apply.
The contacts should also be chosen on the basis of their positions of influence
within the general community and the particular target group. AHS and its
designees must agree to establish and maintain contact with the identified
contacts.
5. The Consultant shall maintain records of all prospective homebuyer applicants,
including their race, ethnicity and gender, reasons for denial of application, placement
on a waiting list, etc.
6. The Consultant shall also provide for the selection of applicants from a written
waiting list in the chronological order of their application, insofar as is practicable,
and provide prompt written notification to any rejected applicants of the grounds for
any rejection.
7. The Consultant shall apply for first trust deed financing to be applied towards the
purchase of the Rehabilitated Home from a lender listed on the Agency's or AHS'
Approved Lender List.
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EXHIBIT "L"
Building Requirements
_3z_
P4geM" ,Ma AnacM1mentsUgmda AftwO mtsUg trA 2010\03-15-10@C CD iopmem Agseemeot-Fiod.doc
an erHar Ino
ECONOMIC DEVELOPMENT AGENCY
Neighborhood Stabilization Program
"Minimum Building Standards"
June 2009
Table of Contents
1000—General Requirements...................................................................................................................... 1
1010—General............................................................................................................................................ 1
1020 -Terminology.................................................................................................................................... 1
1030-General Quality Requirements..................................................................................................... 1
1040-Substitutions/Alternatives............................................................................................................ 2
1050-Optional Green Building Practices.............................................................................................. 3
1100-Temporary Facilities and Temporary Controls.............................................................................. 3
1110—Site Usage......................................................................................................................................3
1200 -Project Closeout.................................................................................................................................4
1210—Final Cleaning................................................................................................................................4
1220—Operations Manuals and Warranties.......................................................................................... 5
1230—Systems Startup............................................................................................................................5
2000 -Building Sitework I Site Preparation................................................................................................5
2010 -Site Clearing and Demolition........................................................................................................ 5
2020-Site Earthwork................................................................................................................................5
2040—Site Hazardous Waste Remediation ........................................................................................... 6
2100-Site Improvements.............................................................................................................................6
2110—Roadways, Driveways, and Walkways.......................................................................................6
2150—Fencing...........................................................................................................................................7
2150-Landscaping...................................................................................................................................8
2200 Site Civil I Site Utilities.........................................................................................................................8
2210 -Utilitie s.............................................................................................................................................8
3100 -Selective Demolition..........................................................................................................................8
3110-Building Elements Demolition......................................................................................................8
3120-Hazardous Components Abatement..........................................................................................10
4000-Foundations.......................................................................................................................................10
4010-Standard Foundations..................................................................................................................10
4030 -Slabs on Grade..............................................................................................................................11
5000 -Superstructure...................................................................................................................................11
5010—Framing I Wood ............................................................................................................................11
6100-Exterior Enclosure............................................................................................................................12
5110-Exterior Walls.................................................................................................................................12
6111 —Stucco/Plaster.........................................................................................................................12
6112—Exterior Insulation....................................................................................................................12
5113—Caulking and Joint Sealants...................................................................................................13
5120-Exterior Windows..........................................................................................................................13
5130-Exterior Dons/Garage Doors....................................................................................................14
6140-Flashing...........................................................................................................................................16
6200—Roofing ..............................................................................................................................................16
6210-Roof Coverings..............................................................................................................................16
5220—Gutters and Downspouts............................................................................................................16
6000-Interior Construction........................................................................................................................17
6010—Partitions/Collings......................................................................................................................17
6011 —Interior Insulation.....................................................................................................................17
6012-Drywall........................................................................................................................................17
6020-Interior Doors.................................................................................................................................18
7000-Finishes..............................................................................................................................................18
7010—Ceramic Tile..................................................................................................................................18
7020-Floor Finishes................................................................................................................................19
7030-Ceiling Finishes.............................................................................................................................20
7040-Painting...........................................................................................................................................20
8100—Furnishings.......................................................................................................................................24
8110—Carpentry,Cabinets,and Millwork.............................................................................................24
9000—Plumbing, Mechanical, Electrical...................................................................................................25
9010-Plumbing Fixtures.........................................................................................................................25
9020 -Domestic Water Distribution.......................................................................................................26
9030-Sanitary Waste...............................................................................................................................26
9100-Heating,Ventilating,and Air Conditioning (HVAC)......................................................................27
9110—Heating and Ventilating...............................................................................................................27
9200—Fire Protection Systems..................................................................................................................28
9210—Fire Protection Specialties..........................................................................................................28
9300-Electrical Systems.............................................................................................................................28
9310-Electrical Service and Distribution.............................................................................................28
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 1 of 28
1000 — General Requirements
1010 — General
.1. These Minimum Building Standards(Standards) have been developed by the City of
San Bernardino Economic Development Agency(EDA) for use on the Neighborhood
Stabilization Program (NSP).
.2. These Standards shall apply to all properties covered by the NSP.
.3. All materials, supplies, costs of permits, and labor to complete the specified
rehabilitation or repairs, shall be the responsibility of the Builder/Developer unless
specified otherwise by the EDA.
.4. Any drawings or sketches which may be furnished by the EDA or required by the
Builder/Developer are intended to clarify or further describe the propert. Should the
Builder/Developer find discrepancies in, or omissions from, these drawings or sketches
or should he/she be in doubt as to their meaning, they should contact the EDA for
clarification. Because of the nature of work being done, some details of sketches or
drawings may be"typical' and grades, dimensions and exact existing conditions must
be verified at the property before commencing work.
.5. Any additional work that EDA want the Builder/Developer to do should be done after
completion of the Rehabilitation work, if at all possible. A separate contract will be
signed between the EDA and Builder/Developer before the work is to start.
1020 -Terminology
.1. When used in these Standards, the following definitions shall apply:
A. Install -The item referred to shall be installed with all necessary hardware, trim,
fittings, and material necessary to make ready for use. All material shall be new.
B. Replace -The existing item referred to shall be removed prior to installation of
the new item.
C. Trim -When used in conjunction with painting, includes roof vents and pipes,
eaves, molding, casing, underside of all doors, and any items other than walls
and ceilings.
D. Rehabilitation -All repairs to or replacement of present elements of an existing
building, such as windows, stairs, flooring, or wiring; rearrangement of rooms by
the relocation of partitions or by the installation of new bathrooms and kitchens;
or the general replacement of the interior of a building. This may or may not
include changes to structural elements such as floor systems, columns or load
bearing interior or exterior walls.
1030 - General Quality Requirements
.1. In order to establish standards of quality, the Standards may refer to certain products
by name and/or catalog number. This procedure is not to be construed as eliminating
from competition other products of equal or better quality by other manufacturers, at
approximately the same cost.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 2 of 28
.2. All material and each part or detail of the work shall be subject at all times to
inspection by the EDA, and the Builder/Developer will hold to the true intent of the
Standards in regard to -quality of material, workmanship, and the diligent execution of
the contract.
.3. Materials installed shall be of such kind and quality to ensure that the dwelling will
provide acceptable durability, economy of maintenance and adequate resistance to
weather, moisture, corrosion and fire. The EDA may request evidence of a material's
compliance with the requirements of the structure's plans and specifications and these
Standards. Product labels are considered acceptable evidence.
A. The EDA may require that the BuilderlDeveloper carry out a durability evaluation
or conduct a building assessment to determine if the materials to be used comply
with any green strategies.
.4. All work shall be executed by skilled craftsman, experienced in their trade, and in
accordance with accepted practices of their trade.All work shall be of the highest
standards and methods.
.5. Unless specifically noted otherwise, all construction methods and materials used shall
conform to the California Building Code as adopted by the City of San Bernardino and
shall be done in accordance with any other ordinances passed and adopted by the
City of San Bernardino (i.e., zoning codes, fire codes, etc.). This includes all repairs,
finishes, fixtures, and new work.
.6. All plumbing and gas work shall be done in accordance with the Uniform Plumbing
Code as adopted by the City of San Bernardino.
.7. All heating and cooling work shall be done in accordance with the Uniform Mechanical
Code as adopted by the City of San Bernardino.
.8. All electrical work shall be done in accordance with the national Electric Code as
adopted by the City of San Bernardino.
.9. Where work involves colors, the Builder/Developer will provide the EDA with samples
of all colors for the particular item (roofing, stucco, paint, stain, flooring, etc.), and the
EDA will select the color and finish by initialing the color sample and state for
what/where it will be used (exterior, interior, fascia, soffit, trim, doors, ceiling,walls,
etc.). A maximum of three colors each may be selected for exterior and interior.
.10. If the EDA has agreed to correct certain specified existing code violations,which are to
be excluded from the work done by the Builder/Developer, the work on such violations,
if done at the same time the Builder/Developer is on the job, shall be coordinated by
the EDA and Builder/Developer so as to provide for a smooth flow of the work.
1040 - Substitutions/Alternatives
.1. The Builder/Developer shall furnish a list of any proposed desired substitutions prior to
the signing of the contract.
.2. These standards are intended to encourage the use of new or innovative technologies,
methods and materials. Alternatives and non-conventional or innovative methods and
materials shall be equivalent to these standards in the areas of quality, durability,
economy of maintenance, operation and usability.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 3 of 28
.3. Certain conditions in the geographic area or on the site may justify modification of
specific standards, or make compliance with the standards impracticable or
impossible. In these cases, approval by the EDA is required.
1050- Optional Green Building Practices
.1. Builder/Developers are encouraged to incorporate any green building practice that
offers an opportunity to create environmentally sound and resource-efficient buildings.
.2. In an effort to encourage modern, green building, and energy-efficiency improvements,
Builder/Developers are encouraged to incorporate HUD's healthy homes interventions
including these seven steps ensuring housing is made and kept.
A. Dry: Ensure proper drainage away from housing; clean repair gutters and
downspouts, repair leaks seal roofs and windows.
B. Safe: Install safety devices on doors, cabinets, window blinds and outlets,
provide adequate storage for all poisonous items out of reach of children and
labeled in the proper containers; install smoke detectors and carbon monoxide
detectors; have appropriate fire extinguishers available.
C. Well-ventilated., Service and maintain heating and cooling systems,provide
exhaust fans for kitchens, bathroom and dryers to the outside to reduce mold,
change furnace filters.
D. Pest-free: Provide proper storage and disposal for food products, caulk and seal
holes, use least toxic pest management methods.
E. Contaminant-free: Remove lead based paint hazards properly,provide test kits
for radon; reduce volatile organic compounds in paint, carpet, etc.
F. Clean: Install dust walk-off systems in entry ways;provide smooth, cleanable
surfaces;provide effective storage space and containers;choose flooring that is
easy to clean.
G. Well-maintained. Important maintenance calendar for inspecting, cleaning,
repairing, replacing housing componentsrsystems.
.3. Throughout these Standards, the EDA has inserted opportunities in which green
huilding practices can be achieved
1100 -Temporary Facilities and Temporary Controls
1110 — Site Usage
.1. All temporary facilities and controls required for the project shall be provided by the
Builder/Developer.
.2. The Builder/Developer will provide daily clean-up of all debris related to the work of the
project as required. Provide a dumpster on site for the duration of construction for
disposal of construction debris. All work area(s) shall be left broom clean at the end of
each work day.
.3. Immediately, at the end of the work, the Builder/Developer shall remove all of their
debris, rubbish, refuse, and unused material from the property and street.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 4 of 28
.4. The Builder/Developer will provide all temporary 6-foot high chain link safety and
security fencing for construction operations required for the work of this project.
Fencing shall conform to the following specifications:
A. 6-foot high chain link fence with 80% or greater green or black wind
screen/mesh.
B. Mesh shall be attached with hog rings.
C. Includes man and vehicle gates where required.
D. Gateposts shall be of size to accommodate the size of opening and its intended
purpose.
E. All gateposts shall be cored or driven into the ground.
F. Core holes shall be filled with concrete once temporary fence is removed. Slurry
seal all in A/C areas.
G. Fencing shall be set back beyond site work improvements.
.5. On-site materials pertaining to the project and partially completed roofs shall be
temporarily protected during inclement weather. It is the responsibility of the
Builder/Developer to maintain a watertight condition to prevent any water damage to
the building once the roof has been removed until it has been completely patched.
.6. The Builder/Developer shall provide temporary power as needed for the project.
.7. Provide and maintain dust and erosion control throughout the duration of the work and
as required for the work of the project.
.8. The Builder/Developer shall provide protection, acceptable to the EDA, for any existing
surfaces or equipment that have been selected to remain.
.9. GREEN OPPORTUNITY. Minimize the site disturbance during construction.
A. Control the impact area by designating vehicle parking farther from the site
B. Store building materials inside a garage or protected area
C. Protect all existing trees with fencing to include the drip tine in an effort to avoid
over compaction of the soil around the trees.
1200 - Project Closeout
1210 — Final Cleaning
.1. Prior to the final inspection, the Builder/Developer will provide final clean-up of the
building and property.
.2. Remove all plaster and paint smears and drops; clean all windows, screens, doors,
finished hardware and plumbing fixtures; polish all chrome, clean and polish all
countertops and floor covering; throughout entire house-new and/or old. Provide
cleaning of all exterior surfaces including walls, windows, landscape areas, driveways,
and walkways.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 5 of 28
1220—Operations Manuals and Warranties
.1. The Builder/Developer will obtain and fill in all necessary information on all warranties
where applicable, for manufactured products, materials and/or labor used in
connection with the project. He/she shall deliver the original warranties to the EDA
where appropriate copies will be made and the original will be delivered to the EDA
upon completion of the work. Any sections that need to be sent to the manufacturer to
validate the warranty, will be mailed as soon as possible.
2. GREEN OPPORTUNITY: Provide operation and maintenance manuals, and perform
training of users to properly instruct them on the green features of the property and
how to maintain them.
1230—Systems Startup
.1. Prior to turnover of building, Builder/Developer will conduct testing and startup of all
equipment new and/or old for verification of functionality.
.2. Builder/Developer will ensure that all equipment components (such as filters, bulbs,
batteries) are replaced prior to turn over.
2000 - Building Sitework/Site Preparation
2010 - Site Clearing and Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect all existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
.3. Remove trees and plant materials, with EDA's approval, from areas to be cleared.
.4. Maintain protection of trees and plant materials which are to remain until completion of
work.
.5. Debris shall not be allowed to accumulate.
.6. Remove all unsightly trash and dangerous material (wood, metal, etc.).
2020 - Site Earthwork
.1. Placing of footings and foundations on earth fill will not be permitted. Fill excess cuts
under footings and foundations with concrete, and under slabs with tamped gravel.
.2. Excavations for footings shall be neat and accurately cut trenches to depths and
grades shown on drawings/plans. In the absence of drawings/plans, code
requirements shall govern.
.3. All grading around any structures shall have high spots lowered and low spots raised
to a minimum of 6" below top of floor slab; a minimum of Tout with a slight slope from
structure.
.4. Site grading shall accomplish the following:
A. Allow drainage of surface water away from buildings and off-site.
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Economic Development Agency
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Minimum Building Standards
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B. Minimize earth settlement problems.
C. Avoid concentrating runoff onto neighboring properties where erosion or other
damage would be caused.
D. Minimize erosion.
E. Minimize potential earth movement problems which might adversely affect
completed construction.
5. GREEN OPPORTUNITY. Grades around structures shall maintain at least a 5%slope
away from the foundation.
2040 —Site Hazardous Waste Remediation
.1. The property shall be free of hazards which may adversely affect the health and safety
of the occupants or the structural soundness of the improvements or which may impair
the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
2100 - Site Improvements
2110— Roadways, Driveways, and Walkways
.1. Surfaces and base courses for roads, streets, parking areas and walks shall be
durable materials. Their construction shall be in conformance with generally accepted
local design practices.
.2. Slabs for roadways, driveways, and walkways shall be designed and constructed in
accordance with standards set forth by the American Concrete Institute, and as may
be necessary to prevent slab damage due to potential soil movements.
.3. Provide for repairs and/or repairs of existing surfaces to match existing.
.4. These surfaces shall be installed with provisions for drainage. Adequate surface and
underground drainage systems shall serve all paving and improvements so as to
ensure continuing stable soil support for these improvements.
.5. Minimum width for driveways shall be 10', and sidewalks 3', if installed new; or if
replaced, to match existing if wider than 10'.
.6. All exterior concrete surfaces shall be a light broom finish with expansion joints
approximately every 12' (fiber material), with slope for drainage away from structure
and property.
.7. All flatwork expansion joints shall be filled with clear silicone sealant.
.8. Where soil and/or concrete for porches, steps and other work is in contact with
members, galvanized metal flashing, or solid sheathing and 15 lb. felt shall be
installed, or wrap and scratch coat applied.
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Neighborhood Stabilization Program
Minimum Building Standards
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.9. GREEN OPPORTUNITY., Limit water runoff and maximize infiltration by avoiding
impervious surfaces and installing permeable drainage areas between sidewalks,
driveways, walkways, patios, and pathways.
A. Open matrix concrete grid pavers.
B. Specialized honeycomb substrates for gravel or turf.
C. Pervious mixes of concrete or asphalt.
2150— Fencing
.1. Check all boundaries to ensure property lines are observed, and City Ordinances are
not violated (front yard, side yard, and back yard maximum heights).
.2. All post setting holes shall not be less than 24"deep and 6" diameter, at a maximum of
10' intervals. When adjacent to a foundation (walls), offset hole to obtain 24" depth,
and fill in any space larger than 2" between wall and post.
.3. Entrance walk gate shall be a minimum of 3'wide, and driveway gates a minimum of
12'wide; including all gate hinges and. padlock latch attachments.
.4. Wrought Iron
A. Posts to be 2" x2"x .090 (16 gauge).
j B. Top and bottom rails to be 1 Y"x 1 '/2" (16 gauge).
C. Pickets to be%"x%" (16 gauge),4" on center.
.5. Chain Link
A. All galvanized material.
B. 2-3/8" O.D. end, corner, and gate posts.
C. 1-5/8" O.D. line and corner diagonal posts.
D. 1-3/8" O.D. top rail, with bottom tension wire.
E. 11 gauge-2" mesh;to include all bands and wire ties.
.6. Wood Fence
A. All posts will be of galvanized material (unless otherwise specified).
B. 2-3/8" O.D. end, corner, and gate posts.
C. 1-5/8" O.D. line and corner diagonal posts.
D. Two 2 x 4 horizontal support rails.
E. Fencing as specified (redwood or cedar-minimum#2, two nails per rail).
.7. Block Wall
A. Shall be in accordance with the City of San Bernardino drawing on Garden &
Retaining Wall Standards available from the Building & Safety Department.
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Neighborhood Stabilization Program
Minimum Building Standards
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2150 - Landscaping
.1. All trees and shrubbery identified to remain shall be trimmed. Trim to property line and
a minimum of 4' above roofing or structure; removing all debris.
.2. All trees and shrubs identified to be removed shall be cut to surface. Remove stump
and roots a minimum of 8" below surface; removing all debris, and fill in hole with soil.
.3. Natural site assets such as existing trees, shrubs, ground cover, must be preserved,
maintained, and protected whenever possible.
.4. Any existing assets lost due to the construction efforts and/or lack of protection will be
replaced with like kind and size at the Builder/Developer's expense.
.5. GREEN OPPORTUNITY: Create environmentally friendly lawns and landscaping by:
A. Cover play areas with wood shavings.
B. Limit the amount of lawn space by installing naturalized plantings.
C. Provide alternative water sources.
D. Plant drought-tolerant landscapes.
E. Plant shade trees in an effort to reduce the cooling loads required in the house.
F. Consider planting edible plants.
G. Use water-conserving irrigation equipment where landscape irrigation is required.
I. Drip Irrigation.
ii. Advanced irrigation controls like rain sensors.
2200 Site Civil /Site Utilities
2210 - Utilities
.1. Underground piping and related items shall be protected from corrosion. Underground
mechanical and electrical systems shall be protectively coated to minimize corrosion
where soil conditions warrant. Where applicable, sacrificial anodes may be used.
.2. Sacrificial anodes may be used where soil resistivity does not exceed 15,000 ohm -
centimeters. Otherwise, an impressed current system of corrosion prevention shall be
used.
.3. Utilities and other facilities shall be independent for the property, without dependence
upon other properties.
3100 -Selective Demolition
3110 - Building Elements Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
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Minimum Building Standards
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.3. Debris shall not be allowed to accumulate.
.4. The Builder/Developer shall remove all flooring finishes identified to be removed or
replaced. Including abatement of any materials designated as containing asbestos.
.5. Provide all roofing membrane removal as required for the removal of existing and
installation of new roof, equipment, and connections.
.6. The Builder/Developer shall provide shoring of all existing beams/structures being
modified prior to removing existing bearing walls.
.7. Remove all interior and exterior doors and/or frames that are identified for removal.
This activity shall be coordinated with the EDA in an effort to not leave any openings
un-lockable.
.8. Remove all window stops/putty, glass, glazing, and frames as required. Provide
demolition of existing sliding glass doors scheduled to be replaced.
.9. The Builder/Developer shall remove all structural and non-structural wood stud
/gypsum sheathing or wood stud / plaster partition walls, wing walls or portion of walls
determined to be removed.
A. All appurtenances identified to be removed / demolished on walls scheduled to
be removed/demolished shall be removed and disposed of by the
Builder/Developer.
B. Appurtenances identified to remain, shall be removed and re-installed by the
Builder/Developer.
.10. Any specific cutting and patching of drywall needed to install conduit or piping shall be
done by the Builder/Developer.
.11. The Builder/Developer shall remove all wall surface material or portions thereof from
interior and exterior walls for new framed openings such as but not limited to doors,
windows, recessed electrical panels, louvers, HVAC grills and ducts, backing, etc.
.12. The Builder/Developer shall provide removal of all existing spayed on acoustical
(popcorn) ceiling texture. Provide for asbestos abatement as necessary.
.13. The Builder/Developer shall remove existing casework and countertops, backing,
anchors, bases, shims, backsplash, etc. identified to be demolished and disposed of.
.14. Doors and windows must be able to be locked at the end of each day, or provide a
temporary secure panel (approved by the EDA) closing the opening at no additional
cost to the EDA. This also includes providing a temporary secure panel at all wall,
door or window openings scheduled to be removed.
.15. Removal of Ceramic tile shall include removal and replacement of wall substrate and
any existing mortar bed.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 10 of 26
3120 - Hazardous Components Abatement
.1. The property shall be free of those hazards which may adversely affect the health and
safety of the occupants or the structural soundness of the improvements or which may
impair the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
food, erosion, expansive or compressible soils, inadequate drainage ouffall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
.2. The Builder/Developer shall provide all labor, material and equipment required to
complete the work related to the Hazardous Materials Abatement as required.
A. Provide all labor, material and equipment required to abate and legally dispose of
off-site all Asbestos Containing Materials (ACM) and Lead Containing Materials
including but not limited to pipe fitting insulation (elbows/ends), roof mastic,
flooring, flexible joints, doors, door frames, plaster walls, sinks, ceramic tile, etc.
B. Provide for the proper removal and disposal of PCB Ballasts and Fluorescent
Light Tubes:
i. It is assumed that all ballasts not labeled "No PCBs" are considered to
contain PCBs and therefore must be treated as hazardous waste. The
Builder/Developer shall disconnect the ballasts (those not labeled "No
PCB's')from the fixtures and is responsible for proper disposal/recycling.
ii. Mercury is present in fluorescent light tubes, which may be present
throughout the project areas. Mercury is considered a hazardous waste
and will be disposed of properly by the Builder/Developer.
4000 - Foundations
4010 -Standard Foundations
.1. Includes excavation, backfill, compaction, and installation of all foundations.
.2. Concrete materials for foundations shall be in accordance with City of San Bernardino
standards and shall be approved by the EDA prior to placement.
.3. Includes all formwork and accessories for all cast-in place concrete and cement
concrete pavement with shoring, bracing and anchorage, form accessories, form
stripping, and proper layout, location. Provide proper temporary supporUshoring (as
required and/or needed).
.4. Furnish and install all reinforcing steel bars, welded steel wire fabric, fabricated steel
bar, slip dowels, or rod mats for all on-site cast-in-place concrete and cement concrete
pavement. Provide and install all necessary accessories as indicated.
.5. All vertical reinforcing steel protection shall be installed in accordance with CAL OSHA
codes and regulations. Maintain said protection throughout the duration of
reinforcement installation and until enclosed by finish material.
.6. When replacing existing concrete with new, the new concrete shall have at least the
same reinforcement as the existing.
City of San Bernardino
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Neighborhood Stabilization Program
Minimum Building Standards
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.7. GREEN OPPORTUNITY. Provide foundation water management system.
.8. GREEN OPPORTUNITY Use concrete that contains a percentage of fly ash in place
of portland cement.
4030 -Slabs on Grade
.1. Concrete mixture shall be made of a 1-2-3 mix with plastic cement, sand, and 3/4"
rock. Ready mix will be a 5 sack. Minimum 2500 psi.
.2. Slabs shall be constructed in accordance with ACI 302.1 R-80, Guide for Concrete
Floor and Slab Construction, and as may be necessary to prevent slab damage due to
potential soil movements.
.3. Vapor retarders and base course shall be provided for all interior concrete slabs to
which a finish Flooring is applied.
A. Acceptable base course materials are gravel, slag, crushed rock, sand, cinders
and certain types of earth when approved by the local EDA. See ASTM C-33-90,
Table 2.
B. Base course material shall be clean,washed and free from deleterious
substances, consistent with ASTM C-33, with 100% of the material passing a 1"
sieve and less than 2% passing a#4 sieve.
.1. All concrete slabs shall be a minimum of 3 Y:"thick(additions, garages, driveways,
sidewalks).
.2. All interior surfaces shall be troweled smooth.
.3. Includes excavation, backfill, compaction, and installation of all slabs. Completely
furnish and install all concrete accessories, colors, finishes, forming, admixtures,
reinforcement joint sealers, and curing compounds in accordance with the
Specifications.
5000 -Superstructure
5010— Framing /Wood
.1. Framing and wood construction shall be in accordance with the latest edition of the
National Design Specification for Wood Construction.
.2. A chemical barrier must be provided for structures built in those areas where termites
are determined by the EDA to be a hazard. A physical barrier will also satisfy this
requirement where the hazard is presented by subterranean termites only.
.3. Where required by the EDA Field Office, protection against damage by decay shall be
provided.
A. GREEN OPPORTUNITY. Keep all untreated wood at least 12 inches above soil in lieu
of the code required 8 inches.
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Neighborhood Stabilization Program
Minimum Building Standards
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5100 - Exterior Enclosure
5110 - Exterior Walls
5111 —Stucco/ Plaster
.1. The Builder/Developer shall investigate the condition of studs and ceiling joist to be
sure framing members comply with appropriate code.
.2. Install or reset all electrical boxes to new surface level.
.3. Exterior angles shall be protected with woven or welded wire fabric of equivalent
strength, or corner bead.
.4. A surface inspection is required after sandblasting and before re-stuccoing by the
EDA.
.5. Application:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days. (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and darby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than Y4" in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat. (Example: complete brown coat on Tues., color
coat not to start until following Wed.).
D. Finish (color) coats: Portland Cement and Lime Finish Coats-Apply over base
coats which have set and surface-dry; lay on well, double back and fill out to a
true, even surface. Thickness shall be 1/16"to 1/8", then texture as specified.
E. When structure is to have lath/wrap and stucco over existing siding, the
Builder/Developer is to remove door and window casing; trim out with metal
edging or stucco molding, and seal.
F. Exterior lath/wrap to be applied as per California Building Code.
G. Stucco Color Coat: La Habra, Bauer, or equal.
5112— Exterior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, USG; or equal.
B. Proper sound insulation shall be used at all walls.
C. GREEN OPPORTUNITY: Use cellulose insulation.
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Minimum Building Standards
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.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building & Safety Division of the City of San Bernardino.
.4. Attics:
A. If all exterior walls of house are not insulated, bring to R-38 rating (12").
B. If all exterior walls are insulated and/or new addition, insulate to R-30 rating (9").
C. GREEN OPPORTUNITY: All attic spaces are to receive insulation.
.5. Walls:
A. All exposed exterior walls and new addition, insulated to R-11 rating (3 '/z").
.6. Water Heater:
A. If it has access from outside or in garage, install R-6 rating insulation blanket and
wrap all exposed water lines with pipe insulation.
B. GREEN OPPORTUNITY., Provide insulation at all water heaters
5113—Caulking and Joint Sealants
.1. Materials used for caulking and sealants shall be suitable for the use intended, and
shall be compatible with the materials to which they are applied and with any finish that
may be applied over them.
5120 - Exterior Windows
.1. When required shall be made easily openable, replace sash cords and weights or
install spring loaded sash balances, as necessary.
.2. Windows and operating hardware shall be installed in accordance with the
recommendations of the manufacturer.
.3. When aluminum single hung or slider window(s) is required and the frames are not to
be taken out, use International Window Corporation, Keller, or equal (block frame), to
fit existing opening. Caulk window frame before installing, including necessary trim.
.4. When new aluminum slider or single hung window(s) installation is required, provide
header(s), trimmers, flashing, International Window Corporation, Keller, or equal
(standard frame).
.5. Operating windows shall be manufactured units consisting of the frame, sill, sash,
weather-stripping, and operating hardware. Job site assembled windows composed of
frames and sashes made by different manufacturers are not acceptable.
.6. Glazing:
A. When replacing glass,thickness shall be as recommended by the manufacturer
for the specific use.
B. All bathroom windows shall be glazed with obscure glass.
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Minimum Building Standards
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C. Glass set in wood shall be secured in place with springs or glazing points and
face puttied, wood and putty to be primed and painted.
D. Glass set in metal shall be secured in place with glazing clips, back and face
puttied with appropriate material, metal and putty to be primed and painted.
E. All glass shall be cleaned, with no cracks or rattles(new installation only).
F. Re-putty shall mean to replace all damage, loose, and missing putty.
.7. Weather-stripping shall be properly fitted to eliminate excessive infiltration of dust,
snow, or rain.
.8. Screens:
A. Screens shall be installed on all openable windows.
B. When re-screening or new screens are required, they shall be aluminum frames,
aluminum screening; tight fitting and easily removed.
C. Nylon screens on newly installed windows and combination doors may be
acceptable, unless otherwise requested or stated.
.9. If a window of any kind must be installed into the wet area of the tub or shower
surround, it must:
A. Contain a sill made of material that is water impermeable , such as marble or
Corian, not tiled and grouted.
B. Have a sill that is pan-flashed or sealed.
C. Have frame made of moisture-tolerant material.
10. GREEN OPPORTUNITY. Replace existing windows and provide new windows with a
high energy and low-e performance rating
.11. GREEN OPPORTUNITY. Provide awnings, overhangs, or other shading devices on
exterior windows.
5130 - Exterior Doors/ Garage Doors
.1. All exterior doors will be wood or metal finish (no hardboard). Primed/painted or
stained/varnished.
.2. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and lock securely.
.3. Doors shall fit opening and operate properly.
.4. All new door installation shall include new hinges and all necessary trim.
.5. Entry Doors:
A. Exterior entry doors shall be side-hinged doors not less than 3 ft. in width and 6
ft. 8 in. in height.
B. 1 %"solid core- Birch, Mahogany, Luan; unless existing jamb takes 1 3/8"door.
C. 3 each -4"x 4" butt hinges, unless existing jamb takes 1 3/8"door, then 3-3'/"x
3 Y" butt hinges.
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Neighborhood Stabilization Program
Minimum Building Standards
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D. Exterior door frames shall be treated against decay.
E. Locks- Kwikset, Schlage, or equal.
.6. Garage Doors:
A. Steel frame construction.
B. Installing new garage hardware or replacement hardware shall comply with the
following safety notice:
... FOR YOUR SAFETY ...
California State Assembly#772 directed the Commission of Housing and
Community Development to change the appropriate rules and regulations in
ways that, "ARE REASONABLY NECESSARY TO PREVENT THE DEATH OR
INJURY OF PERSONS OR DAMAGE RESULTING FROM THE BREAKING OF
GARAGE DOORS SPRINGS". (quoted from Assembly Bill#772)
.7. Weather-stripping shall be applied to all exterior doors and interior garage door.
.8. Weather-stripping shall be aluminum and vinyl. Install after surfaces are finished and
dry.
.9. Thresholds and door shoes shall be installed at all exterior doors and interior garage
doors and shall be aluminum thresholds, and aluminum/vinyl with drip cap door shoes
(channel type), sealed to be watertight.
.10. Exterior jambs will be rabbet type (fit wall thickness) and to include new wood (pine)
casing material. Replace stucco molding only if required.
.11. A safety door check shall be provided on all outward opening doors, including storm
and screen doors.
.12. Locking devices at doors and windows shall be as follows:
A. Each exterior doorway and each doorway leading to garage areas, terraces,
balconies, or other areas affording easy access to the premises shall be
protected by a door which, if not a sliding door, shall be equipped with a deadlock
using either an interlocking vertical bolt and striker, a minimum of 1.2 in. throw
dead bolt or a minimum 1/2 in. throw self-locking dead latch. Locks shall not
require the use of a key for operation from the inside.
B. All sliding doors, first floor and basement windows and windows opening onto
stairways, fire escapes, porches, terraces, balconies or other areas affording
easy access to the premises shall be equipped with a locking device. A sliding
door used as a main or service entrance shall be equipped with a keyed locking
device.
.13. Screens shall be aluminum/satin finish with latch set and pneumatic closure or equal.
.14. Security Screen —Jamb/frame will be 1' 1/4"x 1' 1/4" (18 gauge)with 3/4 x 3/4"center
framing (18 gauge) and heavy gauge metal screening. Combination (Bel-Aire) - Solid
core (no panels). 1 3/8" door, 3 - 3 1/"x 3 '/" butt hinges; 1 3/4" Locks- Kwikset,
Schlage, or equal.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 16 of 28
5140- Flashing
.1. Flashing shall have a service life at least equal to that of the assemblies into which it is
built.
.2. Counter flashing is considered exposed Flashing and shall be constructed of sheet
metal.
.3. Alternate products or systems of bitumen-impregnated plastic or elastomeric materials
may be used for flashing if they are installed in accordance with the manufacturer's
recommendations and are acceptable to the EDA.
.4. All openings between wood or metal and masonry shall be caulked with a non-
hardening caulking compound.
5200 — Roofing
5210 - Roof Coverings
.1. Strip - Means to remove"all' roofing material to sheathing, with inspection of sheathing
prior to installation of new roofing.
.2. The Builder/Developer shall guarantee the owner to maintain the entire roofing, and
counterflashing in a watertight condition for a period of fifteen years.
.3. Shingles—
A. Shall be fiberglass of 151b. felt.
B. New metal 1 Y"drip edge and roof jacks (form over shingles, seal around all
pipes).
.4. Built-Up/ Roll Roofing Cap
A. Roll roofing cap to be a minimum of 90 lb. roofing paper and must bear a class
"C" UL listing.
B. One 90 lb. cap sheet to be installed over two layers of 15 lb. felt paper, saturated
with at least 20 lb. of hot mopped tar, between layers.
C. All base sheets to be well nailed with approved galvanized nails providing a
minimum 3/4" penetration into a firm solid sheathed surface.
D. New metal 1/2"drip edge and roof jacks.
.5. GREEN OPPORTUNITY. Provide reflective (high-albedo) roofing systems with an
Energy Star rating
5220 — Gutters and Downspouts
.1. Gutters and downspouts shall be provided at all projects.
l .2. Gutters and downspouts-Shall be a minimum of 26 gauge galvanized metal, or vinyl
material.
.3. Gutters shall be sloped to downspout and supported a maximum of 3'apart.
.4. End caps, corner joints, splices, outlet tubes shall be soldered or have watertight
J joints.
1
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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.5. Downspouts shall be fastened at top, bottom, and approximately every 6', and directed
to drain away from the structure.
.6. Downspouts shall be sized on the basis of 100 square feet of roof surface to 1 square
inch of leader. More or less leader area may be required by the EDA.
.7. Scuppers shall be installed at the ouffall end of a valley for special roof designs, such
as"butterfly" roofs.
.8. Scuppers shall be installed for overflow of all roofs enclosed by parapet walls.
9. GREEN OPPORTUNITY: Provide a simple rain water harvesting system for use on
irrigation.
6000 - Interior Construction
6010— Partitions /Ceilings
6011 — Interior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, or equal.
B. GREEN OPPORTUNITY: Use cellulose insulation.
.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building &Safety Division of the City of San Bernardino.
6012 - Drywall
.1. When installation of drywall is specified, provide 1/2" U.S. Gypsum wall board or equal,
unless otherwise specified.
2. GREEN OPPRTUNITY: Select drywall products with a high recycled content and use
taping materials and joint compound without hazardous additives that aid in drying and
setting.
.3. All joints and inside corners shall be taped; outside comers shall have corner bead
troweled with joint compound (a minimum of three coats, and smoothly sanded or
textured).
.4. If kitchen base cabinets,toilet or lavatory are removed, and the drywall is to be
replaced, it must be replaced with green board or equal.
.5. If tub surrounding drywall is to be replaced, it must be replaced with wonder(cement)
board.
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.6. All wall surfaces to receive ceramic tile shall receive wonder (cement) board or plaster
in accordance with the following:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days(Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and derby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than '/." in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat(Example: complete brown coat on Tues., color
coat not to start until following Wed.).
6020 - Interior Doors
.1. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and close securely.
.2. Doors shall fit opening and operate properly.
.3. All new door installation shall include new hinges and all necessary trim and hardware.
.4. Interior Hinged /Closet/Bathroom Doors:
A. Shall be side-hinged doors not less than 1 3/8"thick.
B. At least 2 each 3%"x 3 %" butt hinges.
C. Locks- Kwikset, Schlage, or equal.
.5. Shower Door/Tub Enclosure:
A. Shower Doors—MAAX, Kohler, or equal. Seal around frame and walls.
B. Tub Enclosure- MAAX, Kohler, or equal. Seal around frame and walls
.6. Door stops installed at all swinging doors shall be solid (no coil springs).
.7. Interiorjambs will be Flat type (fit wall thickness)and to include new wood (pine)
material stop molding and casing (both sides).
7000 - Finishes
7010 — Ceramic Tile
.1. Install ceramic tile where identified.
.2. Ceramic tile to be American Olean, Dal-Tile, or equal.
.3. GREEN OPPORTUNITY. Use ceramic file with high recycled content.
.4. Submit a complete range of colors and types for the EDKs selection. One of each
color of type selected shall be retained by the EDA. All materials placed in the building
shall match such samples.
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.5. Applications and installation of adhesive, primer, caulking compound, and prepared
grout when used, shall be as recommended by manufacturer of the tile and in
accordance with these standard specifications.
.6. Ceramic tile shall be applied over a water-proof surface only(cement or wonder
(cement) board).
.7. At showers, the top of step shall have slight slope into shower.
7020 - Floor Finishes
.1. The Builder/Developer shall provide all necessary floor preparation of existing surfaces
to properly receive new flooring material.
.2. Sub-flooring shall be a minimum thickness of 3/4" plywood or 1x boards.
.3. Underlayment shall have a maximum thickness 3/8" industrial particle board.
.4. Install all flooring per manufacturer's recommendation.
.5. Existing floor covering to be removed prior to installation of new floor.
.6. Provide underlayment when sub-flooring is in such a condition to warrant replacement.
Bathroom, kitchen, and laundry underlayment to be of water resistant material.
.7. Surfaces to receive flooring shall be clean, dry, smooth, even, and without defects.
.8. At Bathrooms, the toilet and lavatory cabinet shall be removed before flooring installed.
Reinstall toilet and cabinets.
.9. Install new baseboard or shoe after installation of flooring. If cove is required, it shall
be formed integrally of matching sheet material. Adhesives shall be as recommended
by manufacturer.
.10. Coat all concrete floors on earth grade with concrete primer as recommended by
manufacturer.
.11. Leveling compound and crack filler-As manufactured by Aetna Manufacturing
Company for concrete floors or equal.
.12. Linoleum (sheet goods) - FHA base cushioned, Armstrong -Cambray or equal.
.13. Vinyl Tile-Armstrong - Stylistic or equal.
.14. Carpet-260z.
A. Base, HUD/FHA bulletin UP-44c requirement.
B. Pad -5/8" rebond high plush, HUD bulletin UP-72 requirement.
.15. GREEN OPPORTUNITY: Provide greener carpeting such as:
A. Products made from natural materials;
B. Products that do not contain residues from dyes and finishes used in
manufacturing;
C. Products that do not have surface treatments to repel stains;
D. Products with documented low VOC offgassing;
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Neighborhood Stabilization Program
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E. Products with high recycled contents.
.16. Submit a complete range of colors and types for the EDA's selection.
7030 - Ceiling Finishes
.1. Ceilings shall be drywalled and painted. No sprayed on acoustical ceilings (popcorn)
will be allowed.
7040 - Painting
.1. Lead Content:
A. The definition states in part, .......with respect to paint which is manufactured after
June 22, 1977, lead-based paint means any paint containing more than six one-
hundredths of one percent lead by weight(calculated as lead metal) in total non-
volatile content of the paint or the equivalent measure of lead in the dried film of
paint already applied".
B. All contractors and sub-contractors on rehabilitation activities will comply with the
Lead-Base Paint Regulation under 24 CFR Part 35, requiring:
I. The prohibition of the use of lead-based paint in the rehabilitation of
properties;
ii. The elimination of immediate lead-based paint hazards in residential
structures.
.2. All paint shall have low VOC levels.
.3. If exterior painting is required, caulk all exterior door and window frames to seal
completely. Remove all loose and deteriorated putty on windows and re-putty before
painting. When painting of exterior trim is specified, this shall include doors, windows,
all frames, eaves, soffits, porches and all appendages.
.4. If a paint to be used on exterior surfaces is not inherently mold resistant, a suitable
fungicide shall be included in the formulation.
.5. If repair of exterior surfaces is indicated, remove all broken and loose material by
raking out, scraping and sanding if necessary. Repair with proper material for area
being repaired, blending in with texture of area being repaired. Prime the repaired area
prior to painting.
.6. If interior painting is indicated, repair all cracks by"V" scratch approximately 1/8"X
1/8" in walls and ceilings of all rooms being re-painted. Use proper type of patching
material for areas being repaired. Fill all cracks and holes solid and blend in repaired
areas with texture of surface being repaired. Prime cracked areas prior to painting.
When painting of walls and ceilings of a room is specified, this shall include all trim,
windows and door frames, closets, and cabinets (inside).
.7. All surfaces to be painted shall be free of dirt, dust, grease before painting is started.
All knots, pitch streaks, and sappy spots shall be first sealed with shellac or sealer
approved for use with materials as specified, before subsequent coats are applied.
Each coat shall be allowed to dry before subsequent coat is applied.
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.8. If it should become necessary, in order to give good coverage because of surface
condition of the paint color(s), it is the obligation of the Builder/Developer to apply
sufficient coats to obtain complete coverage.
.9. All new drywall shall be primed with one coat of Drywall Sealer/Primer before the
application of the finish coat, unless otherwise specified.
.10. Paint to be Dunn-Edwards, Glidden, Sinclair or equal. EDA to select color(s) and
finish.
.11. Paint for kitchen, service area, bathroom(s)to be a durable and washable gloss finish
(unless EDA requests a semi-gloss).
.12. Stain— Exterior/interior application (Minwax, Behr, or equal).
.13. Varnish - Exterior/interior application (Behr, Varathane Elite, or equal).
.14. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.15. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.16. Paint application shall consist of two coats on old material, and three coats on bear
wood or new material. The top and bottom edges of interior doors shall be sealed
(painted or varnished)with one coat, exterior doors with two coats.
.17. Application of paints, stains, or other coating systems shall be in strict accordance with
manufacturer's directions and shall comply with the following:
A. Exterior Wood Siding, Millwork and Trim
L Knots, resinous wood, and nail holes shall be sealed with a prepared
sealer or aluminum paint prior to puttying and priming. Any nail holes or
cracks in surfaces to be painted shall be filled with putty.
ii. A prime coat shall be applied to all surfaces to be painted before or
immediately after installation. Primer shall be formulated specifically for
application to unfinished wood. Finish coats formulated to serve as
primers may be used.
iii. One of the following finish systems shall be applied. Coverage shall be
that which will provide at least the minimum thickness recommended by
the manufacturer.
a. Oil paint systems.
b. Latex paint systems.
c. Pigmented stains as per manufacturer's directions.
d. Clear penetrating preservatives or water repellent finishing
systems.
iv. The top and bottom of exterior wood doors, casement sash, awning sash
and the bottom of double hung sash shall receive two coats of paint or
sealer.
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V. Prior to erection, all edges of vertical siding shall be sealed with a heavy
coat of house paint primer, water repellent stain, exterior aluminum house
paint or sealer. Wood batten strips shall be backed-primed or sealed.
B. Wood Shingles, Shakes, Rough-sawn Siding.
I. Two coats of oil stain, pigmented oil stain, or an oil shingle paint shall be
applied.
C. Hardboard and Softwood Plywood Siding.
i. These sidings shall be finished in accordance with the manufacturer's
direction.
D. Wood Porch Floors and Decks.
i. One coat of primer and two coats of Floor and deck enamel designed for
exterior use shall be applied. Joints between Floor and wall shall be
caulked.
E. Unfinished Surfaces.
I. Shingles and board siding of vertical grain cedar, redwood and bald
cypress may be left unfinished.
F. Exterior Concrete Masonry Units or Concrete Brick
i. At least two coats of masonry paint shall be applied.
ii. Concrete masonry units or concrete brick, except small areas of
foundation walls, shall be painted to provide a water resistant finish.
iii. High density concrete brick or solid split block forming the outer face of
double unit walls (veneer, cavity walls, etc.) may be left unpainted when
acceptable to the EDA.
G. Exterior Galvanized Steel or Iron
i. Field painting shall consist of two coats. One coat shall be a primer
formulated specifically for galvanized surfaces, and the second coat shall
be a finish coat. A finish coat formulated to serve as a primer may be
used as the first coat.
H. Exterior Steel, Iron or Terne Plate
it. Steel or iron, except stainless steel,weathering steels, or steel treated
with coatings to provide corrosion resistance, shall be painted.
iii. A rust inhibitive primer and a finish coat shall be applied.
I. Interior Millwork and Trim
L All mill work and trim, including windows; interior doors; window, door and
base trim; paneling and closet shelving and trim shall be finished by
painting or natural finishing.
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ii. If the surface is open grain wood, it shall be filled or sealed to prevent the
grain from rising. Surfaces shall be treated with a primer. One or more
finish coats shall be applied to provide a smooth surface and good hiding.
iii. Natural finishes include stain-wax, stain followed by one or more coats of
varnish, clear coats of varnish with or without wiped paint undercoats or
oil and wax finishes.
J. Wood Floors
L If flooring is open grain wood, one coat of filler shall be applied. All
excess shall be wiped off.
ii. Flooring shall be finished with:
a. One or two coats of penetrating sealer and one coat of wax; or
b. Two coats of varnish and one coat of wax; or
c. Two coats of polyurethane; or
d. One or more coats of factory-applied finish.
K. Interior Plaster and Gypsum -Walls and Ceilings
I. Plaster surfaces may be painted, covered or left unfinished, except for
surfaces of kitchens and baths. If painted, a finished coat shall be applied
over a primer-sealer, unless finish coats are of the self-priming type.
ii. Gypsum wallboard shall be covered. If painted, one coat of wallboard
sealer shall be applied unless finish coats are of the self-sealing type.
Two finish coats shall be applied over the sealer. One finish coat, except
in kitchen and baths, may be acceptable if good coverage is obtained.
L. Interior Metal
I. Non-ferrous metals or wrought iron may be painted or left unfinished.
Other metals shall be painted in accordance with 609-3.4.
M. Interior Concrete Floors
L If painted, at least two coats of resin emulsion paint, a solvent rubber
paint or a floor and deck enamel shall be applied. If oil paint is used, the
surface shall be neutralized before painting.
ii. A coat of wax shall be applied over paint, stain or an integral finish.
N. Wall Coverings
i. Covering material shall be secured to a suitable base in accordance with
the manufacturer's directions.
ii. All rooms that have new wall covering installed will include molding, trim,
base, and painting (if required).
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8100 — Furnishings
8110—Carpentry, Cabinets, and Millwork
.1. All manufactured factory finished cabinets shall comply with ANSI A161.1-86,
Recommended Minimum Construction and Performance for Kitchen and Vanity
Cabinets, or with an equivalent standard.
.2. Workmanship: All interior wood finish, cabinet and casework shall be smooth dressed,
well sanded, and thoroughly cleaned before priming. All material showing machinery,
sandpaper, or other defacing marks will be rejected. Interior wood finish or cabinet
work shall not be installed on newly plastered walls until the plaster in that section is
reasonable dry and approved by the EDA.
.3. All interior wood finish, doors, frames, and other cabinet work or fixed wood equipment
shall be properly installed, level plumb, and true. Members shall be neatly and
accurately scribe in place, maintaining full lengths without splicing, except where the
use of full lengths would be impractical or impossible, and then if joined, butt joints
shall be beveled. Replacement and installation of new trim or molding shall match
existing in size and profile or otherwise be reasonably appropriate upon finished
installation.
.4. All cabinets(kitchen base and wall, bathroom lavatory, etc.) shall be a minimum of
birch plywood construction (stain grade quality), shop fabricated casework, with all
necessary hardware. Shelving shall not be less than 3/4" pine, plywood, or particle
board. Kitchen base cabinets shall have a built-in bread board.
.5. All cabinets and trim shall be scribe to contacting surfaces and shall be straight, plumb
level and in true alignment, closely fitted, and rigidly fastened in place.
.6. Countertops:
A. Top material shall be phenolic laminate, vinyl plastic covering, ceramic tile,
stainless steel or other material suitable for its intended use.
B. The top material shall be securely bonded to a reinforced steel core, to 5/8 in.
plywood, or to any other equivalent material.
C. At least a 3 in. back and end splash shall be provided against all abutting vertical
surfaces which are not water and grease resistant. When a back splash is
omitted,the joints at the juncture of the counter top and vertical surfaces shall be
tight and sealed.
D. All edges, including the sink and any built-in surface units, shall have a non-
corrodible metal molding or other suitable edging.
E. High Pressured Laminated Plastic(Formica or equal) - Shall be constructed with
a bullnose front edge, minimum of a standard back splash where it abuts walls,
and full length of cabinets. If laminated plastic ends at wall, provide end splash
(material must be identical to counter top original color). Scribe and closely fitted
to adjacent work, and securely anchored to cabinets. Installation of sinks shall
have required mounting Flange and sealed against leaking. No butcher block
unless otherwise requested or stated by the EDA.
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F. Ceramic Tile -Shall be applied over a plastic cement base secured to 3/4"
exterior plywood secured to the cabinets. Raise front edge, minimum of a
standard back splash, and sealed at edges of full length cabinets. (See Ceramic
Tile Specification).
G. GREEN OPPORTUNITY.. Countertops shall be made of natural stone (granite),
tiles, or manufactured solid surfaces(Corian).
.7. Interior woodwork:
A. Trim (D.F.) "B or better".
B. Shelving - Particle board or#2 shelving.
9000— Plumbing, Mechanical, Electrical
9010 - Plumbing Fixtures
.1. All fixture installation is to include trap, vent, faucets, and all trim necessary to mount
fixture in an approved manner, and to include repair of damaged areas affected by the
installation.When kitchen or lavatory faucet is replaced, it will also include risers.
Replace all angle stops.
.2. Fixtures:
A. Water closets- Deep bowl (round or elongated per EDA request). American
Standard - Hydra; Eljer—Titan; Kohler; or equal. Handicap(17" high). Must be
rated at no more than 1.6 gallons per flush.
i. GREEN OPPORTUNITY: Use of a high-efficiency toilet that uses less
than 1.6 gallons per flush is recommended.
B. Bathtubs-5' pressed steel-American Standard; Kohler, or equal
C. Lavatories—American Standard, Kohler, or equal.
D. Kitchen Sinks-Single or double compartment enameled cast iron - Kohler or
equal; Single or double compartment stainless steel (7" depth, 20 gauge
minimum thickness) -Sterling or equal.
E. Garbage Disposal- Insinkerator— Badger 2, '/ HP (3 year warranty) or equal.
F. Laundry Sinks-American Shower& Bath, or equal.
G. Faucets
i. Lavatory- Delta, Peerless, Kohler, or equal.
ii. Tub/Shower Diverter- Price Pfister, Kohler, or equal.
iii. Shower- Price Pfister, Kohler, or equal.
iv. GREEN OPPORTUNITY. Provide low flow faucets and shower heads or
fit standard faucets with a flow reducing aerator.
H. Bathtubs-5' Lasco; Hess Co; or equal.
I. Tub Wall Kits- Plaskolite, Elite; Nova, Seville; or equal.
J. Shower- Lasco, or equal.
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Neighborhood Stabilization Program
Minimum Building Standards
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K. WATER HEATERS:
i. Shall be Reliance; Galaxie; Whirlpool; or equal,with an eight(8) year
warranty. Size shall be as required to service property.
ii. All shall have pressure/temperature relief valve with a drain line to the
outside; or if located on a concrete Floor in center of house -
pressure/temperature relief valve and drain line shall be installed per
Building and Safety requirements.
ii. All units shall be secured to walls.
iv. All units shall be insulated.
v GREEN OPPORTUNITY. Water heater should have a high-efficiency
rating.
9020 - Domestic Water Distribution
.1. Each dwelling shall be provided with a continuing and sufficient supply of safe water
under adequate pressure and of appropriate quality for all household uses, and one
that will not impair the functioning or durability of the plumbing system or attachments.
.2. Connection shall be made to a publicly owned or publicly controlled water supply
system that is adequate to serve the demands of the project.
.3. Provide all connections to risers or fixtures from top to mains so that the entire system
can be drained at low point.
.4. Provide hot water supply to all fixtures except water closets.
.5. Support piping from the building structure by means of hangers to maintain required
grading and pitching of lines and to prevent vibration.
.6. GREEN OPPORTUNITY. All hot water lines shall be insulated.
.7. GREEN OPPORTUNITY. Consider the use of PEX piping.
8 GREEN OPPORTUNITY Provide a single-throw shut-off valve at service to clothes
washing machines. If machine located above a livable space, provide a floor drain and
shower pan under the washing machine.
9030 - Sanitary Waste
.1. Roto Root(clean) all drain lines to street through clean-out cap, roof vent, etc.
.2. Each dwelling shall be provided with a water-carried system adequate to dispose of
domestic wastes in a manner which will not create a nuisance or endanger the health
of the occupants or the public.
.3. Connection shall be made to a publicly owned or publicly controlled system that is
adequate to serve the needs of the project.
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9100 - Heating, Ventilating, and Air Conditioning (HVAC)
9110 — Heating and Ventilating
.1. Heating and ventilating equipment shall be Trane; Bryant; Carrier; or equal, as
appropriate to the situation.
.2. GREEN OPPORTUNITY., Equipment should be rated as high effleciency.
.3. GREEN OPPORTUNITY: Evaluate existing heating and ventilation system and down
size or reconfigure to be more efficient. Do not oversize equipment.
.4. GREEN OPPORTUNITY., Consideration should be given to using equipment that
provides alternatives to conventional refrigerant, such as non ozone depleting HFC
refrigerants.
5. GREEN OPPORTUNITY: Provide ceiling fans in bed rooms and living spaces.
.6. Provide wall thermostat with complete vent system, attic shield, roof jack, and gas
piping/shut-off valve.
.7. GREEN OPPORTUNITY., Install programmable thermostats with both daytime and
nighttime setbacks. Separate control of different spaces into zones so that the unit
works more efficiently.
8. GREEN OPPORTUNITY., Provide duct cleaning prior to turn over
.9. Install in an approved manner and location.
.10. Crawl Space Ventilation:
A. The space between the bottom of the floor joists and the earth under any building
(except such space as is occupied by a basement or cellar) shall be provided
with a sufficient number of ventilating openings through foundation walls or
exterior walls to ensure ample ventilation. Such openings shall be covered with a
corrosion-resistant wire mesh with a mesh size not greater than 1/2 in. nor less
than 1/4 in. in any dimension. The minimum net area of ventilating openings
shall not be less than 1 sq. ft. for each 150 sq. ft. of crawl space area.
B. One ventilating opening shall be within 3 ft. of each corner of each building where
such openings are required.
.11. Attic Space Ventilation
A. Cross ventilation shall be provided for each separate space. Ventilation
openings shall be protected against the entrance of rain and snow.
B. The ratio of the total net free ventilation area to the area of ceiling shall be not
less than 1/150, except that the ratio may be 1/300 if:
i. A vapor retarder having a transmission rate not exceeding one perm is
installed on the warm side of the ceiling;
ii. Between 25 and 50 percent of the required ventilating area is provided by
vents located in the eaves or cornices with the balance of the required
ventilation provided by ventilators located at least T-0" above the vents in
the eaves or cornices; or
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
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iii. The attic space is accessible and suitable for future habitable rooms or
walled-off storage spaces have at least 50% of the required ventilating
area located in the upper part of the ventilated spaces as near the high
point of the roof as practicable and above the probable level of any future
ceiling.
9200 — Fire Protection Systems
9210— Fire Protection Specialties
.1. Provide smoke detectors that are U.L. approved; First Alert SA150LT, or equal. Hard
wire will have battery back-up.
2. GREEN OPPORTUNITY. Provide carbon monoxide detectors.
9300 - Electrical Systems
9310 - Electrical Service and Distribution
.1. When required, provide a new electrical service box/meter. All existing circuits shall
be checked out and split as required. All new loads, outlets, lights, etc., must be on
additional circuits, unless prior approval is received from the EDA.
.2. Electrical Service installed at location shall be as recommended by Edison Company.
.3. Check all services and verify all electrical service, circuits (marking panel if not done);
replacing all faulty outlets, switches, damage and missing cover plates; for house and
garage.
.4. When encountering non-complying wiring, it is to be removed in its entirety. This is to
include boxes, lights, old panels(unless used for junction box), etc.; and to include
repair, patching, and painting of all areas affected (to match existing) --ceilings, walls,
etc. All new wiring shall be concealed within walls, ceilings unless approval from the
EDA is obtained prior to installation.
.5. GREEN OPPORTUNITY: All bulbs shall he fluorescent. No incandescent lighting will
be allowed.
6. GREEN OPPORTUNITY. Avoid recessed lighting. When required use insulation-
contact fixtures that seal tightly and allow insulation to be packed against them.
7. GREEN OPPORTUNITY. Install dimmer switches at all living areas. Restrooms shall
have motion detector switches.
.8. GREEN OPPORTUNITY. All low voltage (telephone, data, television) shall be run in
conduits to provide for future expansion and/or replacement.
AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO,INC.
DEVELOPMENT AGREEMENT FOR INTERMEDIARY SERVICES
[INLAND EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES]
This Development Agreement for Intermediary Services (the "Agreement") is made and
entered into as of March 15, 2010, by and between Affordable Housing Solutions of San
Bernardino, Inc. ("AHS"), a California 501(c)(3) public benefit corporation, and Inland Empire
Concerned African American Churches, a California 501(c)(3) public benefit corporation,
("Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. Supervision of Consultant. The AHS officers and or their assignee's designated
in Exhibit 'IF" attached hereto (collectively, the "AHS Representatives") shall be responsible for
the direction of any work to be performed by the Consultant and any other consultants or
subconsultants to AHS under this Agreement. The Consultant shall not undertake any work
under the terms of this Agreement, unless instructed to do so by any one of the AHS
Representatives. No other AHS representative is authorized by AHS to request services from the
Consultant, pursuant to this Agreement. Approval by any one of the AHS Representatives shall
constitute approval by AHS.
2. Term of Agreement. The term of this Agreement shall commence on the date
first appearing in this Agreement (the "Effective Date") and will terminate six (6) months after
this date, unless earlier terminated as provided in this Agreement. AHS will have the option to
extend the term of this Agreement at the sole option and discretion of AHS with the written
consent of the Consultant. AHS reserves the right through the actions of the Chief Executive
Officer or the Chief Operating Officer of AHS to terminate this Agreement at any time either
with or without cause and at the sole convenience of AHS upon delivery of notice of termination
to the Consultant; provided, however, that upon the effective date of any such termination, AHS
shall be responsible to pay and/or reimburse the Consultant for all services, materials and
supplies as may have been furnished to AHS prior to the date of the termination of this
Agreement in accordance with the Scope of Services as referenced in Section 3.
3. Scope of Consultant Services. AHS hereby retains the Consultant to provide the
professional consulting services set forth in the Scope of Services attached hereto as Exhibit"E"
and incorporated herein by this reference. The Consultant hereby agrees to perform the work set
forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant
shall perform the services as set forth on said Scope of Services within the time periods to be
identified by the appropriate AHS Representative. The Consultant shall comply with those
laws, regulations or ordinances governing fair housing and equal opportunity practices and the
- 1-
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abatement of lead-based paint, asbestos and mold practices as required under the Neighborhood
Stabilization Program ("NHS") promulgated by the United States Department of Housing and
Urban Development("HUD")pursuant to the provisions of the Housing and Economic Recovery
Act of 2008, Public Law 110-289 — July 30, 2008, Title III — Emergency Assistance for the
Redevelopment of Abandoned and Foreclosed Homes, Section 2301, et seq., as the same may be
hereafter amended, restated or supplemented from time-to-time, and the Notice of Allocations,
Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for
Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes Grantees under
the Housing and Economic Recovery Act, 2008 issued by HUD and found at the Federal
RegisterNol. 73, No. 194/Monday, October 6, 2008/Notices, as the same may be hereafter
amended, restated or supplemented from time-to-time(collectively,the"NSP Regulations")
4. Payment by AHS for Work Performed by the Consultant.
A. AHS shall compensate the Consultant for completion of the services described in
the Scope of Services set forth in Exhibit "E", "Scope of Services", in accordance with the
guidelines stipulated in Exhibit"IT', "Consultant Payment and Reimbursement".
B. The compensation designated in subsection 4.A. shall be the "Total Fee" for the
performance of the work and the delivery of the final work product materials, as set forth in the
Scope of Services for each property acquired directly or indirectly by AHS for which the
services were provided by the Consultant in accordance with this Agreement. The Total Fee
shall include, but not be limited to, the materials and salaries of all subcontractors and vendors
retained by the Consultant and all employees of the Consultant to perform work pursuant to this
Agreement and all general overhead expenses of the Consultant inclusive of all costs and
expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage,
copies and such other expenses related to completion of the work set forth in the Scope of
Services.
C. The Consultant shall invoice AHS for eligible predevelopment expenses and work
performed by the Consultant under this Agreement through funds draw requests submitted by the
Consultant in accordance with AHS's policies and procedures, and approved by AHS, on a
monthly basis, or on a more frequent basis if requested by the Consultant and approved by AHS,
with the first draw request occurring no earlier than two (2)weeks after the Effective Date.
D. The Consultant shall submit draw requests under this Agreement to:
Affordable Housing Solutions of San Bernardino, Inc.
Attention: Chief Operating Officer
201 North"E" Street, Suite 301
San Bernardino, California 92401
E. The Consultant's funds draw request shall set forth the cost of any direct labor
and materials incurred in performance of the Scope of Services, the appropriate portion of fees
described in Exhibit "H", as applicable, the cost of any permits or licenses required to perform
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the Scope of Services, and any other costs approved by AHS. Each draw request submitted by
the Consultant shall include copies of all third party invoices for any subcontractors or other
consultants hired, any invoices for materials, any conditional and unconditional lien releases for
invoices submitted by subcontractors or other consultants, and any forms or documents provided
by AHS that AHS requires to be included as part of the Consultant's draw request. All funds
draw requests shall be signed by the Consultant and approved and signed by an AHS
Representative or an AHS designated agent. Upon receipt of the Consultant's draw request
package, AHS shall review the draw request package and notify the Consultant whether it
approves of the draw request within three (3) working days after receipt of the draw request.
AHS shall issue a check or wire transfer to the Consultant equal to the total amount of those
costs included in the draw request and approved by AHS.
5. Records Retention. Records,maps, field notes and supporting documents and all
other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by
the Consultant and shall be made available to AHS for examination and for purposes of
performing an audit for a period of five (5) years from the date of expiration or termination of
this Agreement or for a longer period, as required by law. Such records shall be available to
AHS and to appropriate county, state or federal agencies and officials for inspection during the
regular business hours of the Consultant. If the Consultant does not maintain regular business
hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m.
Monday through Friday, excluding federal and state government holidays. In the event of
litigation or an audit relating to this Agreement or funds paid to the Consultant by AHS under
this Agreement, such records shall be retained by the Consultant until all such litigation or audit
has been resolved.
6. Indemnification. The Consultant shall defend, indemnify and hold harmless
AHS, its officers, employees, representatives, and agents (collectively, the "Indemnified
Parties") from and against any and all actions, suits, proceedings, claims, demands, losses, costs
and expenses, including audit fees and other audit related costs, legal costs and attorneys fees, for
injury or damage of any type claimed as a result of the acts or omissions of the Consultant, its
officers, employees, subcontractors and agents, arising from or related to performance by the
Consultant of the work required under this Agreement; provided, however, in no event shall the
Consultant be liable to the Indemnified Parties in the event that any such actions, suits,
proceedings, claims, demands, losses, costs and expenses result from the gross negligence,
fraudulent conduct or willful misconduct of the Indemnified Parties, or any one of them.
Moreover, the Consultant shall not be liable to the Indemnified Parties for defects not normally
identified.
Notwithstanding the foregoing, under no circumstances shall the Consultant be liable to
the Indemnified Parties as a result of the failure of AHS to provide to the Consultant any
amounts due to the Consultant in accordance with this Agreement, unless such failure was the
result of gross negligence, fraudulent conduct or willful misconduct on the part of the
Consultant.
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Notwithstanding anything to the contrary provided in this Agreement, it is specifically
understood and agreed, such agreement being a primary consideration for the execution of this
Agreement by the Consultant, that there shall be absolutely no personal liability on the part of
any shareholder, director, officer, manager, member or employee of the Consultant with respect
to any of the terms, covenants and conditions of this Agreement. The Agency hereby waives all
claims, demands and causes of action against the shareholders, directors, officers, members or
employees of the Consultant in the event of any breach by the Consultant of any of the terms,
covenants and conditions of this Agreement.
7. Insurance. The Consultant shall maintain insurance, as set forth in Exhibit "G"
to this Agreement, throughout the term of this Agreement, or in lieu of this insurance coverage,
the Consultant shall require its designated General Contractor to maintain such insurance as set
forth in Exhibit "Gee and name the Consultant, AHS and the Redevelopment Agency of the City
of San Bernardino ("Agency") as Additional Insureds under such insurance. The Consultant
shall remain liable to AHS pursuant to Section 6 above to the extent the Consultant is not
covered by applicable insurance for all losses and damages incurred by AHS that are caused
directly or indirectly through the actions or inactions, willful misconduct or negligence of the
Consultant in the performance of the duties incurred by the Consultant pursuant to this
Agreement.
AHS shall maintain insurance against loss or damage to real property under an "all risk"
or "special form" property insurance policy, which shall include coverage against all risks of
direct physical loss, including loss by fire, lightning, terrorism, ordinance or law, and other risks
normally included in the standard ISO special form (which shall include flood insurance if the
property is located within a flood hazard area and which shall include earthquake insurance if the
property is located in an area where earthquake insurance is customarily maintained for similar
residential property). Such insurance shall be in amounts sufficient to prevent the Consultant
from becoming a co-insurer under the policy, and in any event, after application of deductible, in
amounts not less than 100%of the full insurable replacement cost.
8. Press Releases. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior written
consent of AHS, which consent shall not be unreasonably withheld. This Section 8 does not
apply to the advertising or other promotional materials used by the Consultant to sell the
Rehabilitated Home.
9. Default and Remedies.
A. The occurrence of any of the events listed in Exhibit "J", Section A.(1) through
(7), shall after the giving of any written notice described therein, constitutes a default by the
Consultant hereunder("Event of Default").
B. Upon the occurrence of an Event of Default, AHS may, in its sole discretion, take
any of the actions listed in Exhibit"J", Section B.(1)through(7).
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C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or any other
default by the other party.
D. The Consultant has the right to implement the remedies in Exhibit "J", Section
C.(1) and (2), upon the default or failure of AHS to meet any of its obligations under this
Agreement without curing such failure within thirty (30) calendar days after receipt of written
notice of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency.
10. Termination.
A. This Agreement may be terminated by either party for any reason by giving the
other party fifteen (15) calendar days' prior written notice. AHS shall pay the Consultant for all
work authorized by AHS and completed,prior to the effective termination date.
B. In the event of a termination of this Agreement, the Consultant shall provide all
documents, notes, maps, reports, data or other work product developed in performance of the
Scope of Services of this Agreement to AHS within ten(10)calendar days after such termination
and without additional charge to AHS.
C. In the event of the expiration or early termination of this Agreement for any
reason, AHS shall pay and/or reimburse the Consultant for all services, materials and supplies as
may have been famished to AHS prior to the date of the termination of this Agreement.
11. Notice. All notices given hereunder shall be in writing. Notices shall be
presented in person or by certified or registered United States Mail, return receipt requested,
postage prepaid or by overnight delivery by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed effective on
the third (3rd) business day following the deposit of such Notice with the United States Postal
Service. This Section 11 shall not prevent the parties hereto from giving notice by personal
service or telephonically verified fax transmission, which shall be deemed effective upon actual
receipt of such personal service or telephonic verification. Either party may change their address
for receipt of written notice by notifying the other party in writing of a new address for
delivering notice to such party.
CONSULTANT: Inland Empire Concerned African American Churches
Attention: President
1777 West Baseline Road
San Bernardino, CA 92411
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AHS: Affordable Housing Solutions of San Bernardino, Inc.
Attention: Carey K. Jenkins, Chief Operating Officer
201 North"E" Street, Suite 301
San Bernardino, California 92401
Phone: (909)663-1044
Fax: (909) 888-9413
12. Compliance with Law. The Consultant shall comply with all local, state and
federal laws, including, but not limited to, environmental acts, rules and regulations applicable to
the work to be performed by the Consultant under this Agreement. The Consultant shall
maintain all necessary licenses and registrations for the lawful performance of the work required
of the Consultant under this Agreement.
13. Nondiscrimination. The Consultant shall not discriminate against any person on
the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Agreement. Without limitation, the
Consultant hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status or national origin. Further, the
Consultant shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such
action shall include, but not be limited to,the following: recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, the Consultant shall not exclude from
participation under this Agreement any employee or applicant for employment on the basis of
age,handicap or religion in compliance with state and federal laws.
14. Consultant and each Subcontractor are Independent Contractors. The
Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its
subcontractors shall at any time or in any manner represent that it or any of its employees are
employees of AHS or any department, commission or subsidiary entity of AHS. AHS shall not
be requested or ordered to assume any liability or expense for the direct payment of any salary,
wage or benefit to any person employed by the Consultant or its subcontractors and vendors to
perform any item of work described in the Scope of Services. The Consultant is entirely
responsible for the immediate payment of all subcontractor liens.
15. Severability. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Agreement, or the application of such tern or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
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16. Entire Agreement. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements between
the parties concerning the subject matters covered herein. The parties intend this Agreement to
be the final expression of their agreement with respect to the subjects covered herein and a
complete and exclusive statement of such tetras.
17. Amendment or Modification. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto. Any
such modification or amendment shall be valid, binding and legally enforceable only if in written
form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution. Any such amendment or modification to be effective as to
AHS must be approved by its officers or designated representatives.
18. Governing Law. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. Non-Waiver. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
20. Assignment. This Agreement shall be assignable by the Consultant only if the
Consultant obtains the prior express written consent of AHS, which consent may be withheld by
AHS in its sole discretion. Notwithstanding anything to the contrary in this Agreement, no
purported assignment of this Agreement shall be effective if such assignment would violate the
terms, conditions and restrictions of any applicable governmental restrictions. AHS' consent to
such assignment shall be expressly conditioned upon (i) the assignee's execution of such
documents as required by AHS in its sole discretion, including, without limitation, any and all
documents deemed necessary by AHS to provide for said assignee's assumption of all of the
obligations of the Consultant hereunder and under any documents executed by the Consultant in
connection herewith, and (ii) AHS' approval of the financial and credit-worthiness of such
proposed assignee and the assignee's ability to perform all of the Consultant's obligations under
this Agreement and all documents executed in connection herewith, as may be determined by
AHS at its sole discretion.
21. Representations of Persons Executing the Agreement. The persons executing
this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and
bind the parties each purports to represent.
22. Execution in Counterparts. This Agreement may be executed in one (1) or
more counterparts, each of which will constitute an original.
23. Effectiveness of the Agreement as to AHS. This Agreement shall not be
binding on AHS until signed by an authorized representative of the Consultant, and approved
and executed by the Chief Executive Officer of AHS or his designee. The Agency shall provide
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the Consultant with written notice of the approval of this Agreement upon Community
Development Commission of the City of San Bernardino ("Commission")action.
24. Conflicts of Interest. The Consultant hereby represents that it has no interests
adverse to AHS or the Agency, at the time of execution of this Agreement. The Consultant
hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any
agreement or acquire any interests detrimental or adverse to AHS or the Agency. Additionally,
the Consultant hereby represents and warrants to AHS and the Agency that the Consultant and
any partnerships, individual persons or any other party or parties comprising the Consultant,
together with each subcontractor who may hereafter be designated to perform services pursuant
to this Agreement, do not have and, during the term of this Agreement, shall not acquire any
property ownership interest, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements relating to AHS or the
Agency, property over which AHS or the Agency have jurisdiction or any members or staff of
AHS or the Agency that have not been previously disclosed in writing to AHS, and that any such
property ownership interests, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements will not adversely
affect the ability of the Consultant to perform the services to AHS as set forth in this Agreement.
AHS acknowledges and agrees that the foregoing shall not prohibit the Consultant or any
affiliates thereof from managing or applying for funds granted by HUD pursuant to the NSP and
allocated or awarded to jurisdictions outside of the City of San Bernardino, California, or from
receiving a direct grant of funds from HUD pursuant to the NSP.
25. Non-Exclusivity. This Agreement shall not create an exclusive relationship
between AHS and the Consultant for the services set forth in Exhibit "E" or any similar or
related services. AHS may, during the term of this Agreement, contract with other consultants
for the performance of the same, similar or related services as those that may be performed by
the Consultant under this Agreement. AHS reserves the discretion and the right to determine the
amount of services to be performed by the Consultant for AHS under this Agreement, including,
not requesting any services at all. This Agreement sets forth the terms upon which any such
services will be provided to AHS by the Consultant, if such services are requested by AHS, as
set forth in this Agreement.
26. Consequential Damages and Limitation of Liability. AHS and the Consultant
agree that except as otherwise provided in this Section 26, in no event will either be liable to the
other under this Agreement for any damages including, but not limited to, special damages, loss
of revenue, loss of profit, operating costs or business interruption losses, regardless of cause,
including, breach of contract, negligence, strict liability or otherwise. The limitations and
exclusions of liability set forth in this Section 26 shall apply regardless of fault, breach of
contract, tort, strict liability or otherwise of the Consultant and AHS, their employees or
subconsultants.
27. Business Registration Certificate. The Consultant warrants that it possesses, or
shall obtain immediately after the execution and delivery of this Agreement, and maintain during
the period of time that this Agreement is in effect, a business registration certificate pursuant to
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
AHS
Affordable Housing Solutions of San Bernardino, Inc.
a California 501(c)(3)public benefit corporation
Dated: By:
Emil A. Marzullo, Chief Executive Officer
Approved as to Form:
By:
Timothy J. gab Agency Counsel
CONSULTANT
Inland Empire Concerned African American Churches
a California 501(c)(3)public benefit corporation
Dated: By:
Name:
Title:
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Exhibit"A"
Legal Description
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ordw Numbe .. RRI-3420554
Page Number: 6 -
LEGAL DESCRIPTION
Real property In the City of San Bernardino,County of San Bernardino,State of California,
described as follows:
LOT 42,TRACT NO. 3538,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 46 OF MAPS PAGE 56, RECORDS OF
SAID COUNTY.
APN: 0143-133-42
fUstAmerican Title
Exhibit "B"
Total Development Cost Pro Forma
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EXHIBIT B TO DEVELOPMENT AGREEMENT
TOTAL DEVELOPMENT COST PRO FORMA
Acguisiton Costs
List Price 44,500 Appraisal value before rehab
Discount 445 Amount of discount allowed by the seller
Purchase Price 44,055 Difference between List Price and Discount
Closing Costs 531 Escrow and Title Fees, etc.
Subtotal Acautsition Costs 44,586
Rehabilitation Costs
Direct Rehabilitation 54,460 Cost estimated to complete scope of work
Contingency 5,446
Property Management Fee 1 ' '143;592,.. Intermediary fixed fee for managing property
Subtotal Rehabilitation Costs 2. 73,498
Indirect Costs
Property Taxes 175 Property taxes incurred during holding period
Homebuyer Qualifying Fee 3 %4800: Intermediary fixed fee per homebuyer
General Contractor Fee101acy Co. 4 Intermediary Fee: fixed% of Dir. Rehab.+Contingency
Sales Commission 5. s. :'="A)RD: Intermediary Fee: %of EDA Final Price
Sales Closing Costs 2,500 Escrow, title fees,taxes etc. at sale closing. Insurance
Subtotal Indirect Costs 6. 16,543
Financing Costs
Construction Loan Interest 7 P r -,;+,A Interest paid on construction/rehab loan
Loan Origination Fee 8. i?w`K <^•r0 Fee for construction/rehab loan
Subtotal Financing Costs 9. -
TOTAL DEVELOPMENT COST 10 734,627
Sales Price
Estimatd Rehabilitated Market Sales Price 75,000 Estimated value of home after rehabilitation
Total Development Cost 11. 134,627 Total cost calculated above (No. 10)
EDA FINAL SALES PRICE 12 EHEIThe lower of market sales price or tot. dev. cost
Intermediary Proceeds
Property Management Fee 13. 13,592 From No. 1 above
General Contractor Fee/O.H. 14. 8,568 From No. 3 above
Homebuyer Qualifying Fee 15. 800 From No.4 above
Sales Commission Fee 16. 4,500 From No. 5 above
Reimbursement Const. Loan Int. 17. - From No.7 above
Reimbursement Loan Orign. Fee 180 - From No. 8 above
TOTAL INTERMEDIARY PROCEEDS 19 27,460 Total of 13 through 18 above
Exhibit "C"
Rehabilitation Scope of Work
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EXHIBIT "C' TO DEVELOPMENT AGREEMENT
REHABILITATION SCOPE OF WORK
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
COST ESTIMATE WORKSHEET
Date: January 27, 2010
Time:
Location: 1519 W. Virginia Street, San Bernardino, CA 92411
Job Duration:
Estimator:
1 TEMPORARY FACILTIES
2 Remove Chain Line Fence 1 EA 180.00
3 EA
4 Other
5 SITE WORK
6 Final Cleaning 150.00
7 Exterior Demolition
8 Grading SF
9 Excavation SF
10 Remove damaged flat concrete in rear yard 1 EA 1,500.00
11 Approach: Remove and Install New SF
12 Sidewalk: Remove and Install New SF
13 Hazardous Waste Remidiation
14
15 New Wrought Iron Fence LF
16 New Chain Link Fence LF
17 New Wood Fence 210 EA 3,150.00
18 Remove/Install Block Wall LF
19 LANDSCAPING
20 Remove and/or Trim Trees 1 EA 700.00
21 Install Sprinkler System 1 EA 1,500.00
22 Hydro Seed Yard } SF
23 Level Front Yard 1 EA 100.00
24 INTERIOR DEMOLITION
25 Repair all damaged and removed Interior 1 EA 1,200.00
Plaster and Drywall
26 Removal of other items
27 HAZARDOUS COMPONENTS ABATEMENT
28 Lead
29 Asbestos
30 Mold
31 Other
32
33 FOUNDATIONS
34
35 Replace soffit, gable and crawlspace screens 1 ALL
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
36 Replace and Install New Access Door EA 100.00
37 Construct New Access Well with Door EA 100.00
38 Footings SF
39 Concrete SF
40 FRAMINGIWOOD
41 Studs LF
42 Other LF
43 EXTERIOR
44 Sandblast t 1 SY 3,600.00
45 Colorcoat, repair all cracks, holes and J 1
46 damage areas SY
47 Wrap and Stucco SY
48 Insulation SF
49 EXTERIOR WINDOWS
50 Replace all windows with low-e 6 EA 2,040.00
51 Missing Putty EA
52 Install new screens EA
53 Replace broken glass panes EA
54 Remove and Install new aluminum EA
55 Block frame single hung or sliders
56 Replace front security door 1 EA 150.00
57 window EA
58 Aluminum -slider 4'x3' standard frame EA
59 Aluminum -slider 4'x3' block frame EA
60 Aluminum -slider hung 3'x4'standard EA
61 Aluminum -slider hung 3'x4' block EA
62 Aluminum -slider 5'x4' standard frame EA
63 Aluminum -slider 5'x4' block frame EA
64 Aluminum -single hung 3'x5' standard frame EA
65 Aluminum -single hung 3'x5' block EA
66 Aluminum -slider 3'x2' standard EA
67 Aluminum -slider 3'x2' block EA
68 Install vertical blinds on dining, LR & bedrooms 4 EA 300.00
69 EXTERIOR DOORS
70 Garage: Remove and Install ALL 650.00
71 Garage side door,jamg, casing & lockset 1 EA 325.00
72 Entry Door EA 325.00
Replace front door casing 1 EA
73 Replace mail boxt door 1 EA
74 ROOFING
75 Si. Complete tear off roof and sheathing 1
76 Installation of aluminized sheathe 1
77 Install compostion roof to code-30 Yr. 1 5,150.00
78 Replace all facia with new six inch fascia 1 450.00
79 Remove all Install gutter and
80 downspouts LF 180.00
81 INTERIOR CONSTRUCTION
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
82 Install R-30 Insulation in attic 1 EA 1,500.00
83 Drywall SF
84 Hollow-core interior door withhinges and 3 EA 465.00
Installation in an existing jamb. Hardboard
wood-textured and embossed
85 Repair bedroom closet doors 1 EA 150.00
86 Shower doors EA
87 Tub Enclosure EA
88 Laundry door EA
89 Other EA
90 FLOORING
91 Carpet Allowance 1 SY 1,200.00
92 Ceramic Tile SF
93 Linoleum 1 SY 600.00
94 Hardwood SF
95 Other
96 PAINTING
97 Prep and paint interior complete two coats 1 EA 1,250.00
98 Stains(kitchen, bath and other cabinets) SF
99 Repair all damaged SF
100 Paint exterior wood 1 EA 850.00
101 CARPENTRY, CABINETS AND MILLWORK
102 Remove and Install new cabinets 1 2,850.00
103 Install and Replace Formica Countertops 1 EA 650.00
104 Repair framing and plaster as necessary 1 EA 150.00
Repair hall closet doors&cabinets 1 EA 200.00
105 PLUMBING
106 Bathtub&Shower surround 1 EA 480.00
107 Lavatory 1 EA 250.00
108 Kitchen Sink 1 EA 160.00
109 Garbage Disposal 1 EA 80.00
110 Laundry Sink EA 50.00
111 Faucets kitchen, bath &shower 3 EA 350.00
112 Bathtubs EA
113 Tub Wall Kits EA
114 Shower EA
115 Water Heater 1 EA 400.00
116 Roto Root(clean)all drain lines to street ALL 150.00
117 Remove and Install new EA 150.00
118 Anti-syphon hose bibbs
Replace cleanout cover at kitchen exterior 1 EA 50.00
Repair water leak at rear hose bib 1 EA 100.00
119 Interior water supply ball valve with 1 EA 150.00
pressure valve
120 HVAC
121 Install new system lincluding ducts& 1 EA 5,900.00
thermostat
122 Repair duct work LF
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
123 Repair HVAC Unit EA
124 Replace HVAC Unit EA
125 Remove wall heater 1 50.00
126 Other
127 ELECTRICAL
128 Remove and Install new light fixture 7 EA 3,700.00
129 Remove and Install new GFCI outlets EA
130 Remove and Install circuittoutlet EA
131 Install new GFCI outlet 3 EA
132 Remove and Install new circuit breaker EA
133 Remove and Install new wiring LF
(included with Item#45)
134 Cover Plates EA 50.00
135 Smoke detectors EA 375.00
136 Other
137
138 MISCELLANEOUS
139 Install new medicine cabinet, mirror, towel 1 EA 100.00
140 & paper holders
141 Hood vent&fan, stove, dish washer, garbage 1,500.00
142 disposal and
(ironing board cabinet-included in Item#49)
143 (allowance) 1 EA
162 Supervision 3,200.00
163
164
165
166
SUBTOTAL $48,960.00
Insurance Burden (General Liability&Workers Compenssation 2.5%)
OVERHEAD &PROFIT (15%) $8,568.50
GRAND TOTAL GENERAL CONTRACTOR'S BASE BID $57,528.50
APPROVED OPTIONS
1 Remove Existing tile and Install Slate at Front Porch 650.00
2 Install Rear Yard Sprinklers 1,000.00
3 Repipe with Copper Plumbing 3,600.00
4 Replace Interior Base Moulding 250.00
OPTIONS TOTAL $5,500.00
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
Exhibit"Df5
Project Timeline
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Exhibit "E"
Scope of Services
1. Secure Property—Ensure that adequate locked fencing is installed on the perimeter of the site
when necessary. Board up windows and outer doorways when necessary in order to prevent
looting and vandalism of the Rehabilitated Home.
2. Property Management— Maintain utilities service, pay for monthly utilities bill(s) during the
holding period (the Consultant will be reimbursed for this cost), interior and exterior
appearance and marketability of the Rehabilitated Home as needed.
3. Approved Budget — The approved budget includes the estimate of the costs the Consultant
expects to incur in order to complete the Scope of Work defined herein, provided in Exhibit
"B" (the "Total Development Cost Pro Forma"). This budget estimate includes all costs
associated with the rehabilitation of the Rehabilitated Home, including labor and materials
for rehabilitation work, contingency, the Project Management Fee, the General Contractor
Fee/Overhead, the Sales Commission Fee and the Homebuyer Qualifying Fee, includes the
cost of enrolling the prospective buyer of the Rehabilitated Home deemed qualified by the
Consultant under the conditions in this Agreement (the "Qualified Homebuyer") in a
homebuyer education course administered by an AHS approved third party vendor or
organization.
i
4. Project Timeline — The approved estimated timeline provided in Exhibit "D" sets forth the
completion of the various steps involved in the acquisition, rehabilitation and resale of the
Rehabilitated Home (the "Project Timeline"). The timeline starts from the point that the
selected Consultant enters into the contract for the Rehabilitated Home with AHS through the
close of sale to the Qualified Homebuyer. Major steps included in the timeline are
construction period, completion of construction, issuance of the Certificate of Completion,
start of marketing period for the home, projected number of weeks needed to identify a
Qualified Homebuyer, escrow period and close of escrow.
S. Rehabilitation Scope of Work—The approved detailed, line item budget of the costs required
to complete the rehabilitation scope of work agreed upon by AHS and the Consultant,
provided in Exhibit "C" (the "Rehabilitation Scope of Work") serves as the Consultant's
price bid for the Rehabilitation Scope of Work.
6. Manage Rehabilitation Work — Manage the rehabilitation of the Rehabilitated Home to
include,but not be limited to: (i)ensuring that all tasks identified in the Rehabilitation Scope
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PUgerAeeUgmEeAvacM1mmUUgandaMuM1mmUUgmtaAmeetl30IM345-10MCMC Development Ag nnarn-Final.doc
of Work are completed on a timely basis and all work performed satisfies AHS' standards;
(ii) conducting weekly on-site project inspections; (iii) managing relationships with all
subcontractors and vendors; (iv) obtaining all necessary permits required to complete the
Rehabilitation Scope of Work; (v) ensuring that all rehabilitation work complies with all
applicable municipal codes; (vi) submitting funds draw requests to AHS in a timely and
accurate manner; (vii) paying all sub-contractors hired by the Consultant and all vendors
providing materials used in the performance of the Rehabilitation Scope of Work on a timely
and accurate basis; and(viii) administering both conditional and unconditional lien releases.
7. Marketing— Market the Rehabilitated Home through advertising and published promotional
materials. Adhere to AHS' Affirmative Marketing Guidelines (Please see Exhibit"Ic).
8. Identify Qualified Homebuyer- Identify and present prospective homebuyers to be approved
by AHS in writing, facilitate adequate homebuyer training and facilitate financing of
property which may include Down Payment Assistance from the Agency, pre-qualify the
homebuyer for eligibility to purchase the Rehabilitated Home and collect those application
documents from the Qualified Homebuyer identified in Exhibit"I", Section"A".
In addition, the Consultant is required to make best efforts to ensure that a fixed rate
permanent loan secured by a first trust deed ("First Mortgage Loan") is made available to the
Qualified Homebuyer at the lowest commercially available rate and most favorable terms.
9. Escrow—Work with the AHS selected title company and manage the escrow process through
closing on behalf of the Qualified Homebuyer, ensure that all AHS sale documents are
executed, notarized and recorded as needed.
10. Files — Maintain adequate files for the Rehabilitated Home, ensuring compliance with all
Neighborhood Stabilization Program requirements, files shall include, but not be limited to,
all documents listed in Exhibit"I", and all documents required to verify compliance with the
Affirmative Marketing Guidelines stated in Exhibit "IC', such as homebuyer waiting lists,
copies of advertisements published in local and community newspapers,etc.
11. Appraisal — Work with the AHS designated Appraiser to determine the sales price for the
Rehabilitated Home.
12. Environmental - Ensure that all environmental mitigation measures recommended by AHS'
Environmental Consultant are carried out as part of the Rehabilitation Scope of Work.
Provide proof of completion of these mitigation measures.
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P� pMasUgendaAnchmems\Aenda An¢hmmndAmmis-A NIM-15-10� "C Dmelopmem Ag menl-Final dw
13. Closing Requirements:
A. The Consultant shall cause the closing of the sale of the Rehabilitated Home by
following the procedures and complying with the requirements set forth in Exhibit
"P", Section A.
B. The Consultant shall cause the closing of any Agency Down Payment Assistance
Loans, if applicable, in accordance with the procedures and requirements established
in Exhibit"P', Section B.
14. Building Standards:
The Consultant shall adhere to the building standards stipulated in Exhibit "L" when
performing any rehabilitation work on the Rehabilitated Home.
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P Uge ae\Agent AnwhmentMpe &An mems\Ag tlr W30IM3-1S10N MC DumbpmaH Agr M-FW.d
Exhibit"F"
AHS Representatives
AHS Officers:
Emil A. Marzullo,
Chief Executive Officer
Carey K. Jenkins,
Chief Operating Officer
Authorized AHS Representatives:
Samuel Hughes,
Consultant
Fernando S. Portillo,
Consultant
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PrApndaMn Alas .\Agende Amehmmts\Agrmte-Amend MIPA3-15-101ECAMO elopment Agreement-Final da
EXHIBIT "G"
Insurance Requirements
The Consultant and its General Contractor shall maintain insurance policies issued by an
insurance company or companies authorized to do business in the State of California and
that maintain during the term of the policy a "General Policyholders Rating" of at least
A(v), as set forth in the then most current edition of"Bests Insurance Guide," as follows:
(1) Automobile Insurance. Comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per
occurrence for each vehicle leased or owned by the Consultant or its subcontractors and
used in performing work under this Agreement.
(2) Worker's Compensation Insurance. Worker's compensation
coverage in accordance with California workers' compensation laws for all workers under
the Consultant's and/or subcontractor's employment performing work under this
Agreement.
(3) Liability Insurance. AHS requires comprehensive liability
insurance, including coverage for personal injury, death,property damage and contractual
liability, with a limit of at least One Million Dollars ($1,000,000), including products and
completed operations coverage. Said insurance shall be primary insurance with respect
to AHS and the Agency. The Consultant shall require and ensure that the Consultant's
contractors include AHS and the Agency, as additional insureds on all general liability
insurance covering work at the Rehabilitated Home. All insurance policies required of
the Consultant or its contractors as provided herein, shall extend the subject insurance
coverage to:
"The City of San Bernardino, the Redevelopment Agency of the City of
San Bernardino and Affordable Housing Solutions of San Bernardino, Inc., their officers
officials,attorneys, agents, employees and volunteers"
In lieu of directly obtaining the insurance coverage mentioned in this Exhibit"G",
the Consultant can require its General Contractor to name the Consultant as an additional
insured on the insurance policies obtained by the General Contractor for the purposes of
satisfying the insurance requirements herein.
Concurrent with the execution of this Agreement and prior to the commencement
of any work by the Consultant, the Consultant shall deliver to AHS, copies of policies or
certificates evidencing the existence of the insurance coverage required herein, which
coverage shall remain in full force and effect continuously throughout the term of this
Agreement. Each policy of insurance that the Consultant purchases in satisfaction of the
insurance requirements of this Agreement shall name AHS,the Agency and if applicable,
the Consultant as an additional insured and shall provide that the policy may not be
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PUgendutAgeMeA=hmemMgende Attmhmmts\A mtaMmd 20IM-15-10 MCAACD elopmem Ag mm-Fitml.dm
cancelled, terminated or modified, except upon thirty (30) days prior written notice to
AHS.
Failure on the part of the Consultant to procure or maintain the insurance
coverage required in this Exhibit "G" for fifteen (15) days or longer shall constitute a
material breach of this Agreement pursuant to which AHS may exercise all rights and
remedies set forth herein and, at its sole discretion, and without waiving such default or
limiting the rights or remedies of AHS, procure or renew such insurance and pay any and
all premiums in connection therewith and all monies so paid by AHS shall be reimbursed
by the Consultant to AHS upon demand including interest thereon at the rate of ten
percent (10%) per annum interest compounded annually from the date paid by AHS to
the date reimbursed by the Consultant. The Agency shall have the right, at its election,to
participate in and control any insurance claim adjustment or dispute with the insurance
carrier. The Consultant's failure to assert or delay in asserting any claim shall not
diminish or impair the rights of AHS against the Consultant or the insurance carrier.
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PUgedaMgmtlaARtcM1memaNgenEa AnacM1mmtsUgmu-AmeM 201%0)-IS-1 CMCR IopmeM Agramem-Pirel.da
Exhibit "H"
Consultant Payment and Reimbursement
The Consultant shall be paid four (4) different fees by AHS. The four (4) fees that the
Consultant is eligible to receive are:
1. Project Management Fee;
2. General Contractor Fee/Overhead;
3. Homebuyer Qualifying Fee; and
4. Sales Commission Fee.
The amount of the fees to be paid to the Consultant by AHS for completing the Scope of
Services detailed in Exhibit "E" is recorded in the Development Pro Forma attached as
Exhibit`B"to this Agreement. The costs contained in the Development Pro Forma serve
as the budget for the project, and the Consultant will be required to complete the work in
accordance with that budget. This budget must be approved by AHS Representative(s)
prior to the start of any rehabilitation work by the Consultant.
Project Management Fee-The Project Management Fee is the compensation received by
the Consultant for securing, maintaining and marketing the property. Some of the tasks
that might be included under this function are such things as, fencing the property,
mowing the lawn, clearing debris from the lawn, removal of graffiti, etc. The Project
Management Fee may also include any marketing costs incurred by the Consultant, such
as online or print advertising and website design, as approved by AHS. The Consultant is
eligible to receive fifty percent (50%) of this fee upon commencement of the
Rehabilitation Scope of Work, to be invoiced by the Consultant in the first funds draw
request submitted by the Consultant to AHS. The remaining portion of this fee shall be
payable to the Consultant after the rehabilitation work is completed, as evidenced by an
AHS issued Certificate of Completion or a City issued Certificate of Occupancy, as
applicable. The remaining portion of this fee shall be paid to the Consultant upon the
close of the Rehabilitation Home Sales Escrow.
General Contractor Fee/Overhead - The General Contractor Fee/Overhead is the total
amount paid by AHS for management of the rehabilitation work as defined in Exhibit
"E", Section 6. If the Consultant hires a General Contractor, then the Consultant is
responsible for negotiating a fee structure with its hired General Contractor, but in no
event, will AHS pay an amount above the General Contractor Fee/Overhead stated in this
Agreement, nor will AHS pay a separate General Contractor Fee/Overhead to the General
Contractor. The amount of this fee is a fixed fee for the rehabilitation work. The costs of
the rehabilitation work shall include direct labor and materials involved in the
performance of the Rehabilitation Scope of Work plus the budgeted contingency for this
work. A portion of this fee commensurate with the percentage of completion of the
Rehabilitation Scope of Work shall be paid with each funds draw request submitted by
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the Consultant.
Any additional costs arising from unexpected conditions on the site or other unexpected
difficulties must be written up as a change order and AHS Representative(s) must sign
and approve the change order at the discretion of the AHS Representative(s) in order for
these costs to be included as part of the overall rehabilitation costs, which would then
increase the absolute amount of the General Contractor Fee/Overhead.
Homebuyer Qualifying Fee — This fee is paid to the Consultant for identifying and
assisting AHS in qualifying the prospective homebuyer for the sale of the Rehabilitated
Home. This is a one-time fixed fee. This fee will include the Consultant's
reimbursement for any costs associated with the prospective homebuyer's "Homebuyer
Education Training" and payments to third party service providers, such as Neighborhood
Housing Services of the Inland Empire ("NHSIE"), or another such service provider.
The Homebuyer Qualifying Fee shall be paid upon the close of the Rehabilitated Home
Sales Escrow.
Sales Commission Fee — The sales Commission Fee represents the payment received by
the Consultant for managing the Rehabilitated Home Sale Escrow process on behalf of
AHS to assist the Qualified Homebuyer through the Rehabilitated Home Sales Escrow
process. The amount of this fee is calculated as a fixed percentage of the final sales price
to the Qualified Homebuyer. The Sales Commission Fee shall be paid upon the close of
the Rehabilitated Home Sales Escrow.
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PUgas\A,W&AffwM1 emsVAgenEa Atwhments UgmtrAmee030IM3-15-10 MCAACp elupmem Agrmw-Fioa]
Exhibit"I"
Closing Requirements
A. Sale of Rehabilitated Properties
The Consultant shall initiate the sale of a Rehabilitated Property to a Qualified
Homebuyer by submitting to the Agency a purchase/sale agreement executed by the
prospective homebuyer, verifying documentation from the prospective buyer with respect
to residency, income and the property condition as the Agency, or its designee, may
reasonably request (collectively, "Homebuyer Application"). [NOTE: NSP regulations
limit the income on NSP funded properties. The Agency should be involved in the
negotiation of sales documents of the properties.] The Homebuyer Application shall
consist of the following information in the form provided or approved by the Agency:
i. Last Three (3) Years Tax Returns (State and Federal) (1040's) signed with
W2's attached. Two (2) Current Pay Stubs for all household members who
will reside in the home.
ii. A California Association of Realtors California Residential Purchase
Agreement fully executed by the prospective homebuyer (With
Agency Addendum(s)attached).
iii. Neighborhood Stabilization Program Homebuyer Application.
iv. Income Certification.
V. Application Affidavit—Completely filled out and signed by the prospective
homebuyer.
vi. Signed Lead-Base Paint Disclosure Form (for homes built prior to 1978).
The Agency does not supply this form.
vii. Copy of Employment Verification for each Homebuyer.
viii. 2 Months of Current Bank Statements.
ix. 3-Year Rental History.
X. Homebuyer Education Certificate from NHSIE or another like service
provider.
Within seven (7) calendar days after the receipt of the Homebuyer Application by the
Agency, Agency Staff will notify the Consultant of approval or denial of the prospective
homebuyer's eligibility and confirmation of such eligibility by means of a Reservation
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201M-1S10 Agrt .-Finel.doc
Letter (all reservations will be automatically valid for sixty (60) calendar days from the
date of confirmation) [NOTE: The Agency should execute the sales agreement]. Upon
notification by Agency Staff of the prospective homebuyer's eligibility, the Consultant
shall open an Escrow account with an Agency approved escrow company (the "Escrow
Holder"). The Agency shall furnish the Escrow Holder with executed escrow
instructions. The Consultant shall not permit any Escrow to close for the sale of a
Rehabilitated Property until and unless the escrows instructions executed by the Agency
(and countersigned, if requested by Agency Staff, by the First Trust Deed Lender) have
been submitted to the Escrow Holder. As provided in the Agency escrow instructions,
Escrow shall also not close unless and until:
1. The Escrow Holder holds the following documents : (1)Agency Notice of
Affordability Restrictions executed by the Qualified Homebuyer and
notarized; and (2) a grant deed with respect to the Rehabilitated Property
purchased by the Qualified Homebuyer, executed and acknowledged by
the selling entity; and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Property is provided to the Agency naming the Agency as
additionally insured; and
i
3. Rehabilitation of the Rehabilitated Property shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and the City shall have issued a final certificate of occupancy
for the Rehabilitated Property; and
4. The Consultant's execution and delivery to the Agency of the Sub-
agreement.
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Project or the Rehabilitated Property.
Within seven (7) calendar days after the receipt of the Homebuyer Application by AHS,
the AHS Representative(s) will notify the Consultant of approval or denial of the
prospective homebuyer's eligibility and confirmation of such eligibility by means of a
Reservation Letter (all reservations will be automatically valid for sixty (60) calendar
days from the date of confirmation) [NOTE: AHS should execute the sales agreement].
Upon notification by the AHS Representative(s) of the prospective homebuyer's
eligibility, the Consultant shall open the Rehabilitation Home Sales Escrow account with
an AHS approved escrow company (the "Escrow Holder"). AHS shall famish the
Escrow Holder with executed escrow instructions. The Consultant shall not permit the
Rehabilitation Home Sales Escrow to close until and unless the escrow instructions
executed by AHS (and countersigned, if requested by AHS Representative(s),by the First
Trust Deed Lender)have been submitted to the Escrow Holder. As provided in the AHS
escrow instructions,Escrow shall also not close unless and until:
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P1Ag<v4ulAge AnuLmwMUg"&Anachm kAgmlFA 301"3-15-10 MCAAC DweJO .Ag .W-FM 4l
1. The Escrow Holder holds the following documents : (1)Agency Notice of
Affordability executed by the Qualified Homebuyer; and (2) a grant deed
with respect to the Rehabilitated Home, executed and acknowledged by
the selling entity(the"AHS Grant Deed"); and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Home is provided to AHS naming AHS and the Agency as
additionally insured; and
3. The Rehabilitation Scope of Work shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and AHS shall have issued a Certificate of Completion or the
City shall have issued a Certificate of Occupancy for the Rehabilitated
Home, as applicable; and
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Rehabilitated Home.
B. Down Payment Assistance
In the case where the Qualified Homebuyer needs down payment assistance to facilitate
the purchase of the Rehabilitated Home, the Consultant shall assist the Qualified
Homebuyer in applying for such assistance from the Redevelopment Agency of the City
of San Bernardino's ("Agency") Homebuyer Assistance Program ("HAP"), at the
Qualified Homebuyer's election. The requirements and the application process for
obtaining such assistance are described fully in the Agency's HAP Program Manual,
which can be obtained at the Agency's offices. The process for applying for such
assistance is summarized below, but in the event that a conflict exists between the
description of the HAP Program contained herein and the HAP Program Manual, the
requirements and procedures described in the HAP Program Manual shall prevail.
In order to reserve Agency Down Payment Assistance Loan assistance to facilitate the
purchase of the Rehabilitated Home, the Consultant must include in the Homebuyer
Application described in Section A, herein, the following information in the form
provided or approved by AHS and the Agency:
i. Verification for Applicant Eligibility, completely filled out and signed by the
prospective homebuyer and the First Trust Deed Lender;
ii. Copy of Credit Report. If the prospective homebuyer lacks credit history or
scores are lower than 640, please provide secondary credit such as a landlord
letter or utility statements; and
iii. Agency Down Payment Assistance Loan Worksheet.
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P:Ngcn sWgeaa AOechmeuU� aA[Uh sUgmgrAMe 2010 345.101 COeveb=W Ap t-FireL.
The obligation of the Agency to fund each Agency Down Payment Assistance Loan shall
be subject to satisfaction of all of the conditions stated in Section A,herein, together with
the following conditions (collectively,the"Closing Conditions"):
(a) The Escrow Holder holds the following documents: 1) the Qualified
Homebuyer Agency Down Payment Assistance Loan Agreement executed by
the Qualified Homebuyer and the Agency; (2) the Agency Promissory Note
executed by the Qualified Homebuyer in favor of the Agency in the same
amount as the Agency Down Payment Assistance Loan; and (3) the Agency
Subordinate Deed of Trust and Assignment of Rents acknowledged and
executed by the Qualified Homebuyer in favor of the Agency; and
(b) Any one of the following title companies whether(i)First American Title, (ii)
North American Title, (iii) Chicago Title, (iv) Stewart Title or(v) another title
insurer approved by the Agency ("Title Company") shall have assured the
Agency in writing that with respect to each Agency Down Payment
Assistance Loan, the Agency shall receive upon recordation of the Agency
Subordinate Deed of Trust and Assignment of Rents a CLTA lenders policy of
title insurance in the amount of the Agency Down Payment Assistance Loan
Note (the "Agency Title Policy") insuring the priority of the Agency
Subordinate Deed of Trust and Assignment of Rents, subject only to the First
Mortgage Loan and other exceptions approved by the Agency following the
Agency's prior review of a preliminary title report for the Rehabilitated
Home, which preliminary title report must be received by the Agency no later
than seven (7) calendar days after the approval by the Agency of the
Homebuyer Application; and
(d) The Agency shall have reviewed and approved the Qualified Homebuyer for
the Agency Down Payment Assistance Loan in the Agency's sole discretion,
and the eligibility conditions in the applicable sections of the HAP Manual
shall have been satisfied. In accordance with the Neighborhood Stabilization
Program, the Rehabilitated Home is not restricted for sale to first-time
homebuyets; therefore, these properties are exempt from the requirements in
Section II. B. 1. of the HAP Manual; and
I
(e) No stop notice or mechanics' lien shall have been filed against the
Rehabilitated Home unless discharged as provided by law.
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PUVe sVgeMa AIIach=nlsVVMa Auazhm USV 9-Am 3010A3-15-10IEC CD ebpm tp ww-Fuot
EXHIBIT "J"
Events of Default and Remedies
A. Events of Default
The occurrence of any of the following shall, after the giving of any notice described
therein, constitute a default by the Consultant hereunder("Event of Default ):
(1) The failure of the Consultant to pay or perform any monetary
covenant or obligation under the Agreement or any of the documents executed in
connection herewith, without curing such failure within ten (10) calendar days after
receipt of written notice of such default from AHS (or from any party authorized by AHS
to deliver such notice as identified by AHS in writing to the Consultant);
(2) The failure of the Consultant to perform any non-monetary
covenant or obligation hereunder or any of the documents executed in connection
herewith that results in a material adverse effect to AHS, without curing such failure
within thirty (30) calendar days after receipt of written notice of such default from AHS
(or from any party authorized by AHS to deliver such notice as identified by AHS in
writing to the Consultant) specifying the nature of the event or deficiency giving rise to
the default and the action required to cure such deficiency; provided, however, that if any
default with respect to a non-monetary obligation is such that it cannot be cured within a
thirty-day period, it shall be deemed cured if the Consultant commences the cure within
said thirty-day period and diligently prosecutes such cure to completion thereafter.
Notwithstanding anything herein to the contrary,the herein described notice requirements
and cure periods shall not apply to any Event of Default described in Sections (3)through
(6)below;
(3) The falsity of any representation or breach of any warranty or
covenant made by the Consultant under the terms of this Agreement or any documents
executed in connection herewith;
(4) The Consultant or any constituent member or partner, or majority
shareholder, of the Consultant shall (a) apply for or consent to the appointment of a
receiver, trustee, liquidator or custodian or the like of its property, (b) fail to pay or admit
in writing its inability to pay its debts generally as they become due, (c) make a general
assignment for the benefit of creditors, (d) be adjudicated a bankrupt or insolvent or (e)
commence a voluntary case under the Federal bankruptcy laws of the United States of
America or file a voluntary petition that is not withdrawn within ten (10) calendar days
after the filing thereof or an answer seeking an arrangement with creditors or an order for
relief or seeking to take advantage of any insolvency law or file an answer admitting the
material allegations of a petition filed against it in any bankruptcy or insolvency
proceeding;
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P\A,Wee\Agenda AnechmemaUgeMe AnecA .\Ag m t AmeM 30103-1510 MCAAC Dev<lopmmt Agrcemem-Fi.0&,
(5) If without the application, approval or consent of the Consultant, a
proceeding shall be instituted in any court of competent jurisdiction, under any law
relating to bankruptcy, in respect of the Consultant or any constituent member or partner,
or majority shareholder, of the Consultant, for an order for relief or an adjudication in
bankruptcy, a composition or arrangement with creditors, a readjustment of debts, the
appointment of a trustee, receiver, liquidator or custodian or the like of the Consultant or
of all or any substantial part of the Consultant's assets, or other like relief in respect
thereof under any bankruptcy or insolvency law, and, if such proceeding is being
contested by the Consultant, in good faith, the same shall (a) result in the entry of an
order for relief or any such adjudication or appointment, or (b) continue undismissed, or
pending and unstayed, for any period of ninety(90)consecutive calendar days;
(6) Voluntary cessation of the construction activities, active property
management, or marketing activities related to the Rehabilitated Home for a continuous
period of more than ten (10) calendar days or the involuntary cessation of the above
named activities in accordance with this Agreement for a continuous period of more than
thirty(30)calendar days;
(7) A mechanic's lien or any other type of encumbrance on AHS'
property resulting from the Consultant's failure to fulfill its financial or other contractual
obligations with respect to any of its vendors or subcontractors is not removed within ten
(10) calendar days after receipt of written notice of such default from AHS (or from any
party authorized by AHS to deliver such notice as identified by AHS in writing to the
Consultant).
B. AHS Remedies:
Upon the occurrence of an Event of Default hereunder, AHS may, in its sole
discretion,take any one or more of the following actions:
(1) Withhold any payment of fees or reimbursement of eligible
expenses to the Consultant unless and until the Event of Default (if curable) is cured or
this Agreement is terminated in accordance with Section 9 of this Agreement;
(2) Demand reimbursement from the Consultant for any payments
made to it by AHS for which the contracted work product was not satisfactorily delivered
by the Consultant;
(3) Confiscate any material or other work product purchased or
produced by the Consultant during the course of completing the Scope of Work indicated
in this Agreement;
(4) Take any and all actions and do any and all things which are
allowed, permitted or provided by law, in equity or by statute, in the sole discretion of
AHS, to enforce performance and observance of any obligation, agreement or covenant
of the Consultant under this Agreement or under any other document executed in
_2g_
P:UgeMa ge aArtachm"m Senda Aft chmems\Agem\s-Amend 2010b3-1S10�"CD el pm dAgrtemml-Finl
connection herewith;
(5) Upon the occurrence of an Event of Default which is occasioned
by the Consultant's failure under this Agreement to pay money, AHS may, but shall not
be obligated to, make such payment. If such payment is made by AHS, the Consultant
shall deposit with AHS, upon written demand therefore, such sum plus interest at the rate
of ten percent (10%) per annum with interest to be compounded annually. In either case,
the Event of Default with respect to which any such payment has been made by AHS
shall not be deemed cured until such repayment (as the case may be) has been made by
the Consultant;
(6) Upon the occurrence of an Event of Default described in Section
A.(4) or A.(5) hereof, AHS shall be entitled and empowered by intervention in such
proceedings or otherwise to file and prove a claim for any amount owing to AHS under
this Agreement and unpaid and, in the case of commencement of any judicial
proceedings, to file such proof of claim and other papers or documents as may be
necessary or advisable in the judgment of AHS and its counsel to protect the interests of
AHS and to collect and receive any monies or other property in satisfaction of its claim.
C. AHS Default and Consultant Remedies:
Upon fault or failure of AHS to meet any of its obligations under this Agreement
without curing such failure within thirty (30) calendar days after receipt of written notice
of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency, the Consultant may, as
its sole and exclusive remedies:
(1) Bring an action in equitable relief seeking the specific performance
by AHS of the terms and conditions of this Agreement or seeking to enjoin any act by
AHS which is prohibited hereunder; and/or
(2) Bring an action for declaratory relief seeking judicial
determination of the meaning of any provision of this Agreement. Without limiting the
generality of the foregoing, the Consultant shall in no event be entitled to, and hereby
waives, any right to seek indirect or consequential damages of any kind or nature from
the Consultant arising out of or in connection with this Agreement, and in connection
with such waiver the Consultant is familiar with and hereby waives the provisions of
Section 1542 of the California Civil Code which provides as follows: "A GENERAL
{ RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
a
29
P:UgeduWgnda AtlacbmemalAgenda Anachmwb\A9mo-Ameed MIOb1-15-10]CMCD In nnena Are in-Final.dm
EXHIBIT "K"
Affirmative Marketing Requirements
In accordance with the California Fair Employment and Housing Act,the Consultant acting
as agent for AHS,the owner and seller of the Rehabilitated Home, in marketing the sale of
the Rehabilitated Home, must adhere to the following affirmative marketing guidelines in
order to create awareness for the general public and certain community groups as to the
availability of residential properties designated for lower- and/or moderate-income
households.
1. Provide an affirmative marketing plan and procedures for the sale of the Rehabilitated
Home. Procedures to be used must identify how persons in the housing market area
who are not likely to apply for the housing without special outreach shall be informed
and made aware of available affordable housing opportunities.
2. The Consultant's Affirmative Marketing Plan shall consist of a written marketing
strategy designed to provide information and to attract eligible persons in the housing
market area to the Rehabilitated Home without regard to race, color, national origin,
sex, religion, marital and familial status, disability, medical condition, sexual
orientation, or ancestry. It shall describe initial advertising, outreach (community
contacts) and other marketing activities, which will inform potential buyers of the
availability of the Rehabilitated Home. It shall also outline an outreach program which
includes special measures designed to attract those groups identified as least likely to
apply without special outreach efforts (because of existing neighborhood racial or
ethnic patterns, location of housing or other factors)and other efforts designed to attract
persons from the total eligible population.
3. Insert Equal Housing Opportunity logotype, statement or slogan on all written
outreach tools (i.e., signs, advertisements, brochures, direct mail solicitations, press
releases, etc.)
4. In addition to the above,the Affirmative Fair Housing Marketing Plan shall outline:
a. Commercial Media to be used (i.e., community newspapers and non-English
language newspapers, radio, television, billboards, religious or local real estate
publications, etc.).
b. Marketing efforts to be used (i.e., brochures, letters, handouts, direct mail,
signs,etc.)
c. Community contacts to supplement formal communications media for the
purpose of soliciting those groups least likely to purchase the available housing
without special outre, 'i efforts. They should be individuals or organizations
(i.e., service agencies , ommunity organizations, places of worship, etc.) that
-30-
P:Apc lAgrn AuCh mMgcnda AaKhmmiMgM-AV. 3010b3-15-10IECAAC@ bpmcnl Agmcmcnb Fiml
have direct and frequent contact with those identified as least likely to apply.
The contacts should also be chosen on the basis of their positions of influence
within the general community and the particular target group. AHS and its
designees must agree to establish and maintain contact with the identified
contacts.
5. The Consultant shall maintain records of all prospective homebuyer applicants,
including their race, ethnicity and gender, reasons for denial of application, placement
on a waiting list, etc.
6. The Consultant shall also provide for the selection of applicants from a written
waiting list in the chronological order of their application, insofar as is practicable,
and provide prompt written notification to any rejected applicants of the grounds for
any rejection.
7. The Consultant shall apply for first trust deed financing to be applied towards the
purchase of the Rehabilitated Home from a lender listed on the Agency's or AHS'
Approved Lender List.
z
-31-
PUgerdess pg NtacM1 msl genda Atte mcm6Ugr Am 301M.15-10�CDc p=M Agsamem-FioLL&c
EXHIBIT"L"
Building Requirements
32
PWgendasW,Ma A=hmentsW Wa Anatlu MAAVr s-AmeM 3010\03-15-10 MCAACO v C Pm "=a-
\ '% 1 KV1'1 % 1'1 0 M ^
ECONOMIC DEVELOPMENT AGENCY
Neighborhood Stabilization Program
"Minimum Building Standards"
June 2009
Table of Contents
1000—General Requirements...................................................................................................................... 1
1010—General............................................................................................................................................ 1
1020-Terminology.................................................................................................................................... 1
1030-General Quality Requirements..................................................................................................... i
1040-Substitutions/Alternatives............................................................................................................ 2
1050-Optional Green Building Practices..............................................................................................3
1100-Temporary Facilities and Temporary Controls.............................................................................. 3
1110—Site Usage......................................................................................................................................3
1200 -Project Closeout.................................................................................................................................4
1210—Final Cleaning................................................................................................................................4
1220—Operations Manuals and Warranties..........................................................................................5
1230—Systems Startup............................................................................................................................ 5
2000-Building Sitework/Site Preparation................................................................................................ 5
2010-Site Clearing and Demolition........................................................................................................ 5
2020-Site Earthwork................................................................................................................................ 5
2040—Site Hazardous Waste Remediation ...........................................................................................6
2100 -Site Improvements.............................................................................................................................6
2110—Roadways, Driveways, and Walkways.......................................................................................6
2150—Fencing...........................................................................................................................................7
2150-Landscaping...................................................................................................................................8
2200 Site Civil/Site Utilities.........................................................................................................................8
2210-Utilities.............................................................................................................................................8
3100-Selective Demolit ion..........................................................................................................................8
3110 -Building Elements Demolition......................................................................................................8
3120 .Hazardous Components Abatement..........................................................................................10
4000 -Foundations.......................................................................................................................................10
4010-Standard Foundations..................................................................................................................10
4030-Slabs on Grade..............................................................................................................................11
5000 -Superstructure...................................................................................................................................11
5010—Framing/Wood............................................................................................................................11
5100-Exterior Enclosure............................................................................................................................12
6110-Exterior Walls.................................................................................................................................12
5111 —Stucco/Plaster.........................................................................................................................12
6112—Exterior Insulation....................................................................................................................12
5113—Caulking and Joint Sealants...................................................................................................13
6120 -Exterior Windows..........................................................................................................................13
6130 -Exterior Doors/Garage Doors....................................................................................................14
5140-Flashing...........................................................................................................................................16
5200—Roofing ..............................................................................................................................................16
5210 -Roof Coverings..............................................................................................................................16
5220—Gutters and Downspouts............................................................................................................16
6000-Interior Construction ........................................................................................................................17
6010—Partitions/Ceilings......................................................................................................................17
6011 —Interior Insulation.....................................................................................................................17
6012-Drywall........................................................................................................................................17
6020 -Interior Doors.................................................................................................................................18
7000-Finishes..............................................................................................................................................18
7010—Ceramic Tile..................................................................................................................................18
7020-Floor Finishes................................................................................................................................19
7030-Ceiling Finishes.............................................................................................................................20
7040-Painting...........................................................................................................................................20
8100—Furnishings.......................................................................................................................................24
8110—Carpentry,Cabinets,and Millwork.............................................................................................24
9000—Plumbing, Mechanical, Electrical...................................................................................................25
9010-Plumbing Fixtures.........................................................................................................................25
9020 -Domestic Water Distribution .......................................................................................................26
9030 -Sanitary Waste...............................................................................................................................26
9100 -Heating,Ventilating, and Air Conditioning(HVAC)......................................................................27
9110—Heating and Ventilating...............................................................................................................27
9200—Fire Protection Systems..................................................................................................................28
9210—Fire Protection Specialties..........................................................................................................28
9300 -Electrical Systems.............................................................................................................................28
9310-Electrical Service and Distribution.................................................................... .....................28
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 1 of 28
1000 — General Requirements
1010 —General
.1. These Minimum Building Standards (Standards) have been developed by the City of
San Bernardino Economic Development Agency (EDA)for use on the Neighborhood
Stabilization Program (NSP).
.2. These Standards shall apply to all properties covered by the NSP.
.3. All materials, supplies, costs of permits, and labor to complete the specified
rehabilitation or repairs, shall be the responsibility of the Builder/Developer unless
specified otherwise by the EDA.
.4. Any drawings or sketches which may be furnished by the EDA or required by the
Builder/Developer are intended to clarify or further describe the propert. Should the
Builder/Developer find discrepancies in, or omissions from, these drawings or sketches
or should he/she be in doubt as to their meaning, they should contact the EDA for
clarification. Because of the nature of work being done, some details of sketches or
drawings may be "typical' and grades, dimensions and exact existing conditions must
be verified at the property before commencing work.
.5. Any additional work that EDA want the Builder/Developer to do should be done after
completion of the Rehabilitation work, if at all possible. A separate contract will be
signed between the EDA and Builder/Developer before the work is to start.
1020 - Terminology
.1. When used in these Standards, the following definitions shall apply:
A. Install -The item referred to shall be installed with all necessary hardware, trim,
fittings, and material necessary to make ready for use. All material shall be new.
B. Replace -The existing item referred to shall be removed prior to installation of
the new item.
C. Trim -When used in conjunction with painting, includes roof vents and pipes,
eaves, molding, casing, underside of all doors, and any items other than walls
and ceilings.
D. Rehabilitation -All repairs to or replacement of present elements of an existing
building, such as windows, stairs, flooring, or wiring; rearrangement of rooms by
the relocation of partitions or by the installation of new bathrooms and kitchens;
or the general replacement of the interior of a building. This may or may not
include changes to structural elements such as floor systems, columns or load
bearing interior or exterior walls.
1030 - General Quality Requirements
.1. In order to establish standards of quality, the Standards may refer to certain products
by name and/or catalog number. This procedure is not to be construed as eliminating
from competition other products of equal or better quality by other manufacturers, at
approximately the same cost.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 2 of 28
.2. All material and each part or detail of the work shall be subject at all times to
inspection by the EDA, and the Builder/Developer will hold to the true intent of the
Standards in regard to -quality of material, workmanship, and the diligent execution of
the contract.
.3. Materials installed shall be of such kind and quality to ensure that the dwelling will
provide acceptable durability, economy of maintenance and adequate resistance to
weather, moisture, corrosion and fire. The EDA may request evidence of a material's
compliance with the requirements of the structure's plans and specifications and these
Standards. Product labels are considered acceptable evidence.
A. The EDA may require that the Builder/Developer carry out a durability evaluation
or conduct a building assessment to determine if the materials to be used comply
with any green strategies
.4. All work shall be executed by skilled craftsman, experienced in their trade, and in
accordance with accepted practices of their trade. All work shall be of the highest
standards and methods.
.5. Unless specifically noted otherwise, all construction methods and materials used shall
conform to the California Building Code as adopted by the City of San Bernardino and
shall be done in accordance with any other ordinances passed and adopted by the
City of San Bernardino (i.e., zoning codes, fire codes, etc.). This includes all repairs,
finishes, fixtures, and new work.
.6. All plumbing and gas work shall be done in accordance with the Uniform Plumbing
Code as adopted by the City of San Bernardino.
.7. All heating and cooling work shall be done in accordance with the Uniform Mechanical
Code as adopted by the City of San Bernardino.
.8. All electrical work shall be done in accordance with the national Electric Code as
adopted by the City of San Bernardino.
.9. Where work involves colors, the Builder/Developer will provide the EDA with samples
of all colors for the particular item (roofing, stucco, paint, stain, flooring, etc.), and the
EDA will select the color and finish by initialing the color sample and state for
what/where it will be used (exterior, interior, fascia, soffit, trim, doors, ceiling, walls,
etc.). A maximum of three colors each may be selected for exterior and interior.
.10. If the EDA has agreed to correct certain specified existing code violations, which are to
be excluded from the work done by the Builder/Developer, the work on such violations,
if done at the same time the Builder/Developer is on the job, shall be coordinated by
the EDA and Builder/Developer so as to provide for a smooth flow of the work.
1040 • Substitutions/Alternatives
.1. The Builder/Developer shall furnish a list of any proposed desired substitutions prior to
the signing of the contract.
.2. These standards are intended to encourage the use of new or innovative technologies,
methods and materials. Alternatives and non-conventional or innovative methods and
materials shall be equivalent to these standards in the areas of quality, durability,
economy of maintenance, operation and usability.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 3 of 28
.3. Certain conditions in the geographic area or on the site may justify modification of
specific standards, or make compliance with the standards impracticable or
impossible. In these cases, approval by the EDA is required.
1050- Optional Green Building Practices
1. Builder/Developers are encouraged to incorporate any green building practice that
offers an opportunity to create environmentally sound and resource-efficient buildings.
.2. In an effort to encourage modem, green building, and energy-efficiency improvements,
BuildenDevelopers are encouraged to incorporate HUD's healthy homes interventions
including these seven steps ensuring housing is made and kept:
A. Dry. Ensure proper drainage away from housing; clean repair gutters and
downspouts, repair leaks seal roofs and windows.
& Safe: Install safety devices on doors, cabinets, window blinds and outlets;
provide adequate storage for all poisonous items out of reach of children and
labeled in the proper containers, install smoke detectors and carbon monoxide
detectors, have appropriate fire extinguishers available.
C. Well-ventilated Service and maintain heating and cooling systems,provide
exhaust fans for kitchens, bathroom and dryers to the outside to reduce mold;
change furnace filters.
D. Pest-free: Provide proper storage and disposal for food products, caulk and seal
holes, use least toxic pest management methods.
E. Contaminant-free: Remove lead based paint hazards properly,provide test kits
for radon, reduce volatile organic compounds in paint, carpet, etc.
P Clean: Install dust walk-off systems in entry ways,provide smooth, cleanable
surfaces;provide effective storage space and containers; choose flooring that is
easy to clean.
G. Well-maintained. Important maintenance calendar for inspecting, cleaning,
repairing, replacing housing components/systems.
3 Throughout these Standards, the EDA has inserted opportunities in which green
building practices can be achieved.
1100 -Temporary Facilities and Temporary Controls
1110—Site Usage
.1. All temporary facilities and controls required for the project shall be provided by the
Builder/Developer.
.2. The Builder/Developer will provide daily clean-up of all debris related to the work of the
project as required. Provide a dumpster on site for the duration of construction for
disposal of construction debris. All work area(s) shall be left broom clean at the end of
each work day.
.3. Immec i�: ply, at the end of the work, the Builder/Developer shall remove all of their
debris, r J bish, refuse, and unused material from the property and street.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 4 of 28
.4. The Builder/Developer will provide all temporary 6-foot high chain link safety and
security fencing for construction operations required for the work of this project.
Fencing shall conform to the following specifications:
A. 6-foot high chain link fence with 80% or greater green or black wind
screen/mesh.
B. Mesh shall be attached with hog rings.
C. Includes man and vehicle gates where required.
D. Gateposts shall be of size to accommodate the size of opening and its intended
purpose.
E. All gateposts shall be cored or driven into the ground.
F. Core holes shall be filled with concrete once temporary fence is removed. Slurry
seal all in A/C areas.
G. Fencing shall be set back beyond site work improvements.
.5. On-site materials pertaining to the project and partially completed roofs shall be
temporarily protected during inclement weather. It is the responsibility of the
Builder/Developer to maintain a watertight condition to prevent any water damage to
the building once the roof has been removed until it has been completely patched.
.6. The Builder/Developer shall provide temporary power as needed for the project.
.7. Provide and maintain dust and erosion control throughout the duration of the work and
as required for the work of the project.
.8. The Builder/Developer shall provide protection, acceptable to the EDA, for any existing
surfaces or equipment that have been selected to remain.
.9. GREEN OPPORTUNITY. Minimize the site disturbance during construction
A. Control the impact area by designating vehicle parking farther from the site.
B. Store building materials inside a garage or protected area.
C Protect all existing trees with fencing to include the drip line in an effort to avoid
over compaction of the soil around the trees.
1200 - Project Closeout
1210— Final Cleaning
.1. Prior to the final inspection,the Builder/Developer will provide final clean-up of the
building and property.
.2. Remove all plaster and paint smears and drops; clean all windows, screens, doors,
finished hardware and plumbing fixtures; polish all chrome, clean and polish all
countertops and floor covering;throughout entire house - new and/or old. Provide
cleaning of all exterior surfaces including walls, windows, landscape areas, driveways,
and walkways.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 5 of 28
1220 —Operations Manuals and Warranties
.1. The Builder/Developer will obtain and fill in all necessary information on all warranties
where applicable, for manufactured products, materials and/or labor used in
connection with the project. He/she shall deliver the original warranties to the EDA
where appropriate copies will be made and the original will be delivered to the EDA
upon completion of the work. Any sections that need to be sent to the manufacturer to
validate the warranty, will be mailed as soon as possible.
2. GREEN OPPORTUNITY: Provide operation and maintenance manuals, and perform
training of users to properly instruct them on the green features of the property and
how to maintain them.
1230 — Systems Startup
.1. Prior to turnover of building, Builder/Developer will conduct testing and startup of all
equipment new and/or old for verification of functionality.
.2. Builder/Developer will ensure that all equipment components (such as filters, bulbs,
batteries) are replaced prior to turn over.
2000 - Building Sitework/ Site Preparation
2010 - Site Clearing and Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect all existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
.3. Remove trees and plant materials, with EDA's approval, from areas to be cleared.
.4. Maintain protection of trees and plant materials which are to remain until completion of
work.
.5. Debris shall not be allowed to accumulate.
.6. Remove all unsightly trash and dangerous material (wood, metal, etc.).
2020 - Site Earthwork
.1. Placing of footings and foundations on earth fill will not be permitted. Fill excess cuts
under footings and foundations with concrete, and under slabs with tamped gravel.
.2. Excavations for footings shall be neat and accurately cut trenches to depths and
grades shown on drawings/plans. In the absence of drawings/plans, code
requirements shall govern.
.3. All grading around any structures shall have high spots lowered and low spots raised
to a minimum of 6" below top of floor slab; a minimum of 2' out with a slight slope from
structure.
.4. Site grading shall accomplish the following:
A. Allow drainage of surface water away from buildings and off-site.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 6 of 28
B. Minimize earth settlement problems.
C. Avoid concentrating runoff onto neighboring properties where erosion or other
damage would be caused.
D. Minimize erosion.
E. Minimize potential earth movement problems which might adversely affect
completed construction.
5 GREEN OPPORTUNITY. Grades around structures shall maintain at least a 5%slope
away from the foundation.
2040—Site Hazardous Waste Remediation
.1. The property shall be free of hazards which may adversely affect the health and safety
of the occupants or the structural soundness of the improvements or which may impair
the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
2100 - Site Improvements
2110— Roadways, Driveways, and Walkways
.1. Surfaces and base courses for roads, streets, parking areas and walks shall be
durable materials. Their construction shall be in conformance with generally accepted
local design practices.
.2. Slabs for roadways, driveways, and walkways shall be designed and constructed in
accordance with standards set forth by the American Concrete Institute, and as may
be necessary to prevent slab damage due to potential soil movements.
.3. Provide for repairs and/or repairs of existing surfaces to match existing.
.4. These surfaces shall be installed with provisions for drainage. Adequate surface and
underground drainage systems shall serve all paving and improvements so as to
ensure continuing stable soil support for these improvements.
.5. Minimum width for driveways shall be 10', and sidewalks 3', if installed new; or if
replaced, to match existing if wider than 10'.
.6. All exterior concrete surfaces shall be a light broom finish with expansion joints
approximately every 12' (fiber material), with slope for drainage away from structure
and property.
.7. All flatwork expansion joints shall be filled with clear silicone sealant.
.8. Where soil and/or concrete for porches, steps and other work is in contact with
members, galvanized metal flashing, or solid sheathing and 15 lb. felt shall be
installed, or wrap and scratch coat applied.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 7 of 28
9 GREEN OPPORTUNITY Limit water runoff and maximize infiltration by avoiding
impervious surfaces and installing permeable drainage areas between sidewalks,
driveways, walkways, patios, and pathways.
A. Open matrix concrete grid pavers.
S. Specialized honeycomb substrates for gravel or turf.
C Pervious mixes of concrete or asphalt.
2150— Fencing
.1. Check all boundaries to ensure property lines are observed, and City Ordinances are
not violated (front yard, side yard, and back yard maximum heights).
.2. All post setting holes shall not be less than 24"deep and 6"diameter, at a maximum of
10' intervals. When adjacent to a foundation (walls), offset hole to obtain 24"depth,
and fill in any space larger than 2" between wall and post.
.3. Entrance walk gate shall be a minimum of 3'wide, and driveway gates a minimum of
12'wide; including all gate hinges and. padlock latch attachments.
.4. Wrought Iron
A. Posts to be 2"x2" x .090 (16 gauge).
B. Top and bottom rails to be 1 ''/2'x 1 Y" (16 gauge).
C. Pickets to be%"x%"(16 gauge), 4"on center.
.5. Chain Link
A. All galvanized material.
B. 2-3/8" O.D. end, corner, and gate posts.
C. 1-5/8" O.D. line and corner diagonal posts.
D. 1-3/8" O.D. top rail, with bottom tension wire.
E. 11 gauge-2" mesh; to include all bands and wire ties.
.6. Wood Fence
A. All posts will be of galvanized material (unless otherwise specified).
B. 2-3/8" O.D. end, corner, and gate posts.
C. 1-5/8"O.D. line and corner diagonal posts.
D. Two 2 x 4 horizontal support rails.
E. Fencing as specified (redwood or cedar- minimum#2, two nails per rail).
.7. Block Wall
A. Shall be in accordance with the City of San Bernardino drawing on Garden &
Retaining Wall Standards available from the Building & Safety Department.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 8 of 28
2150 - Landscaping
.1. All trees and shrubbery identified to remain shall be trimmed. Trim to property line and
a minimum of 4' above roofing or structure; removing all debris.
.2. All trees and shrubs identified to be removed shall be cut to surface. Remove stump
and roots a minimum of 8" below surface; removing all debris, and fill in hole with soil.
.3. Natural site assets such as existing trees, shrubs, ground cover, must be preserved,
maintained, and protected whenever possible.
.4. Any existing assets lost due to the construction efforts and/or lack of protection will be
replaced with like kind and size at the Builder/Developer's expense.
.5. GREEN OPPORTUNITY, Create environmentally friendly lawns and landscaping by.
A. Cover play areas with wood shavings.
B. Limit the amount of lawn space by installing naturalized plantings.
C. Provide alternative water sources.
D. Plant drought-tolerant landscapes
E. Plant shade trees in an effort to reduce the cooling loads required in the house.
F. Consider planting edible plants.
G. Use water-conserving irrigation equipment where landscape irrigation is required.
i. Drip Irrigation.
ii Advanced irrigation controls like rain sensors.
2200 Site Civil /Site Utilities
2210 - Utilities
.1. Underground piping and related items shall be protected from corrosion. Underground
mechanical and electrical systems shall be protectively coated to minimize corrosion
where soil conditions warrant. Where applicable, sacrificial anodes may be used.
1. Sacrificial anodes may be used where soil resistivity does not exceed 15,000 ohm -
centimeters. Otherwise, an impressed current system of corrosion prevention shall be
used.
.3. Utilities and other facilities shall be independent for the property, without dependence
upon other properties.
3100 -Selective Demolition
3110 - Building Elements Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 9 of 28
.3. Debris shall not be allowed to accumulate.
.4. The Builder/Developer shall remove all flooring finishes identified to be removed or
replaced. Including abatement of any materials designated as containing asbestos.
.5. Provide all roofing membrane removal as required for the removal of existing and
installation of new roof, equipment, and connections.
.6. The Builder/Developer shall provide shoring of all existing beams/structures being
modified prior to removing existing bearing walls.
.7. Remove all interior and exterior doors and/or frames that are identified for removal.
This activity shall be coordinated with the EDA in an effort to not leave any openings
un-lockable.
.8. Remove all window stops/putty, glass, glazing, and frames as required. Provide
demolition of existing sliding glass doors scheduled to be replaced.
.9. The Builder/Developer shall remove all structural and non-structural wood stud
/gypsum sheathing or wood stud / plaster partition walls, wing walls or portion of walls
determined to be removed.
A. All appurtenances identified to be removed / demolished on walls scheduled to
be removed/demolished shall be removed and disposed of by the
Builder/Developer.
B. Appurtenances identified to remain, shall be removed and re-installed by the
Builder/Developer.
.10. Any specific cutting and patching of drywall needed to install conduit or piping shall be
done by the Builder/Developer.
.11. The Builder/Developer shall remove all wall surface material or portions thereof from
interior and exterior walls for new framed openings such as but not limited to doors,
windows, recessed electrical panels, louvers, HVAC grills and ducts, backing, etc.
.12. The Builder/Developer shall provide removal of all existing spayed on acoustical
(popcorn) ceiling texture. Provide for asbestos abatement as necessary.
.13. The Builder/Developer shall remove existing casework and countertops, backing,
anchors, bases, shims, backsplash, etc. identified to be demolished and disposed of.
.14. Doors and windows must be able to be locked at the end of each day, or provide a
temporary secure panel (approved by the EDA) closing the opening at no additional
cost to the EDA. This also includes providing a temporary secure panel at all wall,
door or window openings scheduled to be removed.
.15. Removal of Ceramic tile shall include removal and replacement of wall substrate and
any existing mortar bed.
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Neighborhood Stabilization Program
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3120 - Hazardous Components Abatement
.1. The property shall be free of those hazards which may adversely affect the health and
safety of the occupants or the structural soundness of the improvements or which may
impair the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
.2. The Builder/Developer shall provide all labor, material and equipment required to
complete the work related to the Hazardous Materials Abatement as required.
A. Provide all labor, material and equipment required to abate and legally dispose of
off-site all Asbestos Containing Materials (ACM) and Lead Containing Materials
including but not limited to pipe fitting insulation (elbows/ends), roof mastic,
flooring, flexible joints, doors, door frames, plaster walls, sinks, ceramic tile, etc.
B. Provide for the proper removal and disposal of PCB Ballasts and Fluorescent
Light Tubes:
I. It is assumed that all ballasts not labeled "No PCBs" are considered to
contain PCBs and therefore must be treated as hazardous waste. The
Builder/Developer shall disconnect the ballasts (those not labeled "No
PCB's") from the fixtures and is responsible for proper disposal/recycling.
ii. Mercury is present in fluorescent light tubes, which may be present
throughout the project areas. Mercury is considered a hazardous waste
and will be disposed of properly by the Builder/Developer.
4000 - Foundations
4010 -Standard Foundations
.1. Includes excavation, backfill, compaction, and installation of all foundations.
.2. Concrete materials for foundations shall be in accordance with City of San Bernardino
standards and shall be approved by the EDA prior to placement.
.3. Includes all formwork and accessories for all cast-in place concrete and cement
concrete pavement with shoring, bracing and anchorage, form accessories, form
stripping, and proper layout, location. Provide proper temporary support/shoring (as
required and/or needed).
.4. Furnish and install all reinforcing steel bars, welded steel wire fabric, fabricated steel
bar, slip dowels, or rod mats for all on-site cast-in-place concrete and cement concrete
pavement. Provide and install all necessary accessories as indicated.
.5. All vertical reinforcing steel protection shall be installed in accordance with CAL OSHA
codes and regulations. Maintain said protection throughout the duration of
reinforcement installation and until enclosed by finish material.
.6. When replacing existing concrete with new, the new concrrt shall have at least the
same reinforcement as the existing
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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.7 GREEN OPPORTUNITY. Provide foundation water management system.
8. GREEN OPPORTUNITY., Use concrete that contains a percentage of fly ash in place
of portland cement.
4030 -Slabs on Grade
.1. Concrete mixture shall be made of a 1-2-3 mix with plastic cement, sand, and 3/4"
rock. Ready mix will be a 5 sack. Minimum 2500 psi.
.2. Slabs shall be constructed in accordance with ACI 302AR-80, Guide for Concrete
Floor and Slab Construction, and as may be necessary to prevent slab damage due to
potential soil movements.
.3. Vapor retarders and base course shall be provided for all interior concrete slabs to
which a finish flooring is applied.
A. Acceptable base course materials are gravel, slag, crushed rock, sand, cinders
and certain types of earth when approved by the local EDA. See ASTM C-33-90,
Table 2.
B. Base course material shall be clean, washed and free from deleterious
substances, consistent with ASTM C-33, with 100%of the material passing a 1"
sieve and less than 2% passing a#4 sieve.
.1. All concrete slabs shall be a minimum of 3 '/2"thick(additions, garages, driveways,
sidewalks).
.2. All interior surfaces shall be troweled smooth.
.3. Includes excavation, backfill, compaction, and installation of all slabs. Completely
furnish and install all concrete accessories, colors, finishes, forming, admixtures,
reinforcement joint sealers, and curing compounds in accordance with the
Specifications.
5000 -Superstructure
5010— framing f Wood
.1. Framing and wood construction shall be in accordance with the latest edition of the
National Design Specification for Wood Construction.
.2. A chemical barrier must be provided for structures built in those areas where termites
are determined by the EDA to be a hazard. A physical barrier will also satisfy this
requirement where the hazard is presented by subterranean termites only.
.3. Where required by the EDA Field Office, protection against damage by decay shall be
provided.
.4. GREEN OPPORTUNITY. Keep all untreated wood at least 12 inches above soil in lieu
of the code required 8 inches.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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5100 - Exterior Enclosure
5110 - Exterior Walls
5111 —Stucco/ Plaster
.1. The Builder/Developer shall investigate the condition of studs and ceiling joist to be
sure framing members comply with appropriate code.
.2. Install or reset all electrical boxes to new surface level.
.3. Exterior angles shall be protected with woven or welded wire fabric of equivalent
strength, or corner bead.
.4. A surface inspection is required after sandblasting and before re-stuccoing by the
EDA.
.5. Application:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days. (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and derby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than %" in any
direction under a five-foot straight edge.Allow to dry a minimum of seven full
days before applying color coat. (Example: complete brown coat on Tues., color
coat not to start until following Wed.).
D. Finish (color) coats: Portland Cement and Lime Finish Coats -Apply over base
coats which have set and surface-dry; lay on well, double back and fill out to a
true, even surface. Thickness shall be 1/16"to 1/8", then texture as specified.
E. When structure is to have lath/wrap and stucco over existing siding, the
Builder/Developer is to remove door and window casing; trim out with metal
edging or stucco molding, and seal.
F. Exterior lath/wrap to be applied as per California Building Code.
G. Stucco Color Coat: La Habra, Bauer, or equal.
5112— Exterior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, USG; or equal.
B. Proper sound insulation shall be used at all walls.
C. GREEN OPPORTUNITY. Use cellulose insulation.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building & Safety Division of the City of San Bernardino.
.4. Attics:
A. If all exterior walls of house are not insulated, bring to R-38 rating (12").
B. If all exterior walls are insulated and/or new addition, insulate to R-30 rating (9").
C. GREEN OPPORTUNITY. All attic spaces are to receive insulation_
.5. Walls:
A. All exposed exterior walls and new addition, insulated to R-11 rating (3 1/2").
.6. Water Heater:
A. If it has access from outside or in garage, install R-8 rating insulation blanket and
wrap all exposed water lines with pipe insulation.
B GREEN OPPORTUNITY. Provide insulation at all water heaters.
5113—Caulking and Joint Sealants
.1. Materials used for caulking and sealants shall be suitable for the use intended, and
shall be compatible with the materials to which they are applied and with any finish that
may be applied over them.
5120 - Exterior Windows
.1. When required shall be made easily openable, replace sash cords and weights or
install spring loaded sash balances, as necessary.
.2. Windows and operating hardware shall be installed in accordance with the
recommendations of the manufacturer.
.3. When aluminum single hung or slider window(s) is required and the frames are not to
be taken out, use International Window Corporation, Keller, or equal (block frame), to
fit existing opening. Caulk window frame before installing, including necessary trim.
.4. When new aluminum slider or single hung window(s) installation is required, provide
header(s), trimmers, flashing, International Window Corporation, Keller, or equal
(standard frame).
.5. Operating windows shall be manufactured units consisting of the frame, sill, sash,
weather-stripping, and operating hardware. Job site assembled windows composed of
frames and sashes made by different manufacturers are not acceptable.
.6. Glazing:
A. When replacing glass, thickness shall be as recommended by the manufacturer
for the specific use.
B. All bathroom windows shall be glazed with obscure glass.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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C. Glass set in wood shall be secured in place with springs or glazing points and
face puttied, wood and putty to be primed and painted.
D. Glass set in metal shall be secured in place with glazing clips, back and face
puttied with appropriate material, metal and putty to be primed and painted.
E. All glass shall be cleaned, with no cracks or rattles (new installation only).
F. Re-putty shall mean to replace all damage, loose, and missing putty.
.7. Weather-stripping shall be properly fitted to eliminate excessive infiltration of dust,
snow, or rain.
.8. Screens:
A. Screens shall be installed on all openable windows.
B. When re-screening or new screens are required,they shall be aluminum frames,
aluminum screening; tight fitting and easily removed.
C. Nylon screens on newly installed windows and combination doors may be
acceptable, unless otherwise requested or stated.
.9. If a window of any kind must be installed into the wet area of the tub or shower
surround, it must:
A. Contain a sill made of material that is water impermeable , such as marble or
Corian, not tiled and grouted.
B. Have a sill that is pan-flashed or sealed.
C. Have frame made of moisture-tolerant material.
.10. GREEN OPPORTUNITY: Replace existing windows and provide new windows with a
high energy and low-e performance rating
11. GREEN OPPORTUNITY. Provide awnings, overhangs, or other shading devices on
exterior windows.
5130 - Exterior Doors /Garage Doors
.1. All exterior doors will be wood or metal finish (no hardboard). Primed/painted or
stained/varnished.
.2. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and lock securely.
.3. Doors shall fit opening and operate properly.
.4. All new door installation shall include new hinges and all necessary trim.
.5. Entry Doors:
A. Exterior entry doors shall be side-hinged doors not less than 3 ft. in width and 6
ft. 8 in. in height.
B. 1 %" solid core- Birch, Mahogany, Luan; unless existing jamb takes 1 318"door.
C. 3 each -4"x 4" butt hinges, unless existing jamb takes 1 3/8" door, then 3-3'/2"x
31/2" butt hinges.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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D. Exterior door frames shall be treated against decay.
E. Locks- Kwikset, Schlage, or equal.
.6. Garage Doors:
A. Steel frame construction.
B. Installing new garage hardware or replacement hardware shall comply with the
following safety notice:
... FOR YOUR SAFETY ...
California State Assembly#772 directed the Commission of Housing and
Community Development to change the appropriate rules and regulations in
ways that, "ARE REASONABLY NECESSARY TO PREVENT THE DEATH OR
INJURY OF PERSONS OR DAMAGE RESULTING FROM THE BREAKING OF
GARAGE DOORS SPRINGS". (quoted from Assembly Bill#772)
7 Weather-stripping shall be applied to all exterior doors and interior garage door.
.8. Weather-stripping shall be aluminum and vinyl. Install after surfaces are finished and
dry.
.9. Thresholds and door shoes shall be installed at all exterior doors and interior garage
doors and shall be aluminum thresholds, and aluminum/vinyl with drip cap door shoes
(channel type), sealed to be watertight.
.10. Exterior jambs will be rabbet type (fit wall thickness) and to include new wood (pine)
casing material. Replace stucco molding only if required.
.11. A safety door check shall be provided on all outward opening doors, including storm
and screen doors.
.12. Locking devices at doors and windows shall be as follows:
A. Each exterior doorway and each doorway leading to garage areas, terraces,
balconies, or other areas affording easy access to the premises shall be
protected by a door which, if not a sliding door, shall be equipped with a deadlock
using either an interlocking vertical bolt and striker, a minimum of 1.2 in. throw
dead bolt or a minimum 1/2 in. throw self-locking dead latch. Locks shall not
require the use of a key for operation from the inside.
B. All sliding doors, first floor and basement windows and windows opening onto
stairways, fire escapes, porches, terraces, balconies or other areas affording
easy access to the premises shall be equipped with a locking device. A sliding
door used as a main or service entrance shall be equipped with a keyed locking
device.
.13. Screens shall be aluminum/satin finish with latch set and pneumatic closure or equal.
.14. Security Screen—Jamb/frame will be 1' 1/4"x 1' 1/4" (18 gauge)with 3/4 x 3/4"center
framing (18 gauge) and heavy gauge metal screening. Combination (Bel-Aire) -Solid
core (no panels). 1 3/8"door, 3 - 3 'W x 3 'W butt hinges; 1 %" Locks- Kwikset,
Schlage, or equal.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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5140- Flashing
.1. Flashing shall have a service life at least equal to that of the assemblies into which it is
built.
.2. Counter flashing is considered exposed flashing and shall be constructed of sheet
metal.
.3. Alternate products or systems of bitumen-impregnated plastic or elastomeric materials
may be used for flashing if they are installed in accordance with the manufacturer's
recommendations and are acceptable to the EDA.
.4. All openings between wood or metal and masonry shall be caulked with a non-
hardening caulking compound.
5200 — Roofing
5210 - Roof Coverings
.1. Strip- Means to remove"all" roofing material to sheathing, with inspection of sheathing
prior to installation of new roofing.
.2. The Builder/Developer shall guarantee the owner to maintain the entire roofing, and
counterflashing in a watertight condition for a period of fifteen years.
.3. Shingles—
A. Shall be fiberglass of 151b. felt.
B. New metal 1 1/2" drip edge and roof jacks(form over shingles, seal around all
pipes).
.4. Built- Up/Roll Roofing Cap
A. Roll roofing cap to be a minimum of 90 lb. roofing paper and must bear a class
"C" UL listing.
B. One 90 lb. cap sheet to be installed over two layers of 15 lb. felt paper, saturated
with at least 20 lb. of hot mopped tar, between layers.
C. All base sheets to be well nailed with approved galvanized nails providing a
minimum 3/4" penetration into a firm solid sheathed surface.
D. New metal 1/2"drip edge and roof jacks.
.5. GREEN OPPORTUNITY. Provide reflective (high-albedo) roofing systems with an
Energy Star rating
5220—Gutters and Downspouts
.1. Gutters and downspouts shall be provided at all projects.
.2. Gutters and downspouts -Shall be a minimum of 26 gauge galvanized metal, or vinyl
material.
.3. Gutters shall be sloped to downspout and supported a maximum of 3' apart.
A. End caps, corner joints, splices, outlet tubes shall be soldered or have watertight
joints.
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Neighborhood Stabilization Program
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5. Downspouts shall be fastened at top, bottom, and approximately every 6', and directed
to drain away from the structure.
.6. Downspouts shall be sized on the basis of 100 square feet of roof surface to 1 square
inch of leader. More or less leader area may be required by the EDA.
.7. Scuppers shall be installed at the outfall end of a valley for special roof designs, such
as"butterfly" roofs.
.8. Scuppers shall be installed for overflow of all roofs enclosed by parapet walls.
9. GREEN OPPORTUNITY: Provide a simple rain water harvesting system for use on
irrigation.
6000 - Interior Construction
6010 — Partitions / Ceilings
6011 — Interior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, or equal.
B. GREEN OPPORTUNITY Use cellulose insulation
.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building & Safety Division of the City of San Bernardino.
6012 - Drywall
.1. When installation of drywall is specified, provide '/" U.S. Gypsum wall board or equal,
unless otherwise specified.
.2. GREEN OPPRTUNITY Select drywall products with a high recycled content and use
taping materials and joint compound without hazardous additives that aid in drying and
setting. "
.3. All joints and inside corners shall be taped; outside comers shall have corner bead
troweled with joint compound (a minimum of three coats, and smoothly sanded or
textured).
.4. If kitchen base cabinets, toilet or lavatory are removed, and the drywall is to be
replaced, it must be replaced with green board or equal.
.5. If tub surrounding drywall is to be replaced, it must be replaced with wonder(cement)
board.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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.6. All wall surfaces to receive ceramic tile shall receive wonder (cement) board or plaster
in accordance with the following:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days(Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and darby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than '/;' in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat(Example: complete brown coat on Tues., color
coat not to start until following Wed.).
6020 - Interior Doors
.1. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and close securely.
.2. Doors shall fit opening and operate properly.
.3. All new door installation shall include new hinges and all necessary trim and hardware.
.4. Interior Hinged /Closet/Bathroom Doors:
A. Shall be side-hinged doors not less than 1 3/8"thick.
B. At least 2 each 3 '/s"x 3 Y°butt hinges.
C. Locks- Kwikset, Schlage, or equal.
.5. Shower Door/Tub Enclosure:
A. Shower Doors—MAAX, Kohler, or equal. Seal around frame and walls.
B. Tub Enclosure- MAAX, Kohler, or equal. Seal around frame and walls
.6. Door stops installed at all swinging doors shall be solid (no coil springs).
.7. Interior jambs will be Flat type (fit wall thickness) and to include new wood (pine)
material stop molding and casing (both sides).
7000 - Finishes
7010— Ceramic Tile
.1. Install ceramic tile where identified.
.2. Ceramic tile to be American Olean, Dal-Tile, or equal.
3. GREEN OPPORTUNITY Use ceramic tile with high recycled content
.4. Submit a complete range of colors and types for the EDA's selection. One of each
color of type selected shall be retained by the EDA. All materials placed in the building
shall match such samples.
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Economic Development Agency
Neighborhood Stabilization Program
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.5. Applications and installation of adhesive, primer, caulking compound, and prepared
grout when used, shall be as recommended by manufacturer of the tile and in
accordance with these standard specifications.
.6. Ceramic tile shall be applied over a water-proof surface only(cement or wonder
(cement) board).
.7. At showers, the top of step shall have slight slope into shower.
7020 - Floor Finishes
.1. The Builder/Developer shall provide all necessary floor preparation of existing surfaces
to properly receive new flooring material.
.2. Sub-flooring shall be a minimum thickness of 3/4" plywood or 1x boards.
.3. Underlayment shall have a maximum thickness 3/8"industrial particle board.
.4. Install all flooring per manufacturer's recommendation.
.5. Existing floor covering to be removed prior to installation of new floor.
.6. Provide underlayment when sub-flooring is in such a condition to warrant replacement.
Bathroom, kitchen, and laundry underlayment to be of water resistant material.
.7. Surfaces to receive flooring shall be clean, dry, smooth, even, and without defects.
.8. At Bathrooms, the toilet and lavatory cabinet shall be removed before flooring installed.
Reinstall toilet and cabinets.
.9. Install new baseboard or shoe after installation of flooring. If cove is required, it shall
be formed integrally of matching sheet material. Adhesives shall be as recommended
by manufacturer.
.10. Coat all concrete floors on earth grade with concrete primer as recommended by
manufacturer.
.11. Leveling compound and crack filler-As manufactured by Aetna Manufacturing
Company for concrete floors or equal.
.12. Linoleum (sheet goods) - FHA base cushioned, Armstrong -Cambray or equal.
.13. Vinyl Tile-Armstrong -Stylistic or equal.
.14. Carpet-260z.
A. Base, HUD/FHA bulletin UP-44c requirement.
B. Pad -5/8" rebond high plush, HUD bulletin UP-72 requirement.
.15. GREEN OPPORTUNITY.., Provide greener carpeting such as:
A. Products made from natural materials,
B. Products that do not contain residues from dyes and finishes used in
manufacturing,
C. Products that do not have surface treatments to repel stains;
D. Products with documented low VOC offgassing;
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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E Products with high recycled contents
.16. Submit a complete range of colors and types for the EDA's selection.
7030 - Ceiling Finishes
.1. Ceilings shall be drywalled and painted. No sprayed on acoustical ceilings (popcorn)
will be allowed.
7040 - Painting
.1. Lead Content:
A. The definition states in part, ....... with respect to paint which is manufactured after
June 22, 1977, lead-based paint means any paint containing more than six one-
hundredths of one percent lead by weight(calculated as lead metal) in total non-
volatile content of the paint or the equivalent measure of lead in the dried film of
paint already applied".
B. All contractors and sub-contractors on rehabilitation activities will comply with the
Lead-Base Paint Regulation under 24 CFR Part 35, requiring:
i. The prohibition of the use of lead-based paint in the rehabilitation of
properties;
ii. The elimination of immediate lead-based paint hazards in residential
structures.
.2. All paint shall have low VOC levels.
.3. If exterior painting is required, caulk all exterior door and window frames to seal
completely. Remove all loose and deteriorated putty on windows and re-putty before
painting. When painting of exterior trim is specified, this shall include doors, windows,
all frames, eaves, soffits, porches and all appendages.
.4. If a paint to be used on exterior surfaces is not inherently mold resistant, a suitable
fungicide shall be included in the formulation.
.5. If repair of exterior surfaces is indicated, remove all broken and loose material by
raking out, scraping and sanding if necessary. Repair with proper material for area
being repaired, blending in with texture of area being repaired. Prime the repaired area
prior to painting.
.6. If interior painting is indicated, repair all cracks by "V"scratch approximately 1/8"X
1/8" in walls and ceilings of all rooms being re-painted. Use proper type of patching
material for areas being repaired. Fill all cracks and holes solid and blend in repaired
areas with texture of surface being repaired. Prime cracked areas prior to painting.
When painting of walls and ceilings of a room is specified, this shall include all trim,
windows and door frames, closets, and cabinets (inside).
.7. All surfaces to be painted shall be free of dirt, dust, grease before painting is started.
All knots, pitch streaks, and sappy spots shall be first sealed with shellac or sealer
approved for use with materials as specified, before subsequent coats are applied.
Each coat shall be allowed to dry before subseque t coat is applied.
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Economic Development Agency
Neighborhood Stabilization Program
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.8. If it should become necessary, in order to give good coverage because of surface
condition of the paint color(s), it is the obligation of the Builder/Developer to apply
sufficient coats to obtain complete coverage.
.9. All new drywall shall be primed with one coat of Drywall Sealer/Primer before the
application of the finish coat, unless otherwise specified.
.10. Paint to be Dunn-Edwards, Glidden, Sinclair or equal. EDA to select color(s) and
finish.
.11. Paint for kitchen, service area, bathroom(s)to be a durable and washable gloss finish
(unless EDA requests a semi-gloss).
.12. Stain—Exterior/interior application (Minwax, Behr, or equal).
.13. Varnish - Exterior/interior application (Behr,Varathane Elite, or equal).
.14. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.15. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.16. Paint application shall consist of two coats on old material, and three coats on bear
wood or new material. The top and bottom edges of interior doors shall be sealed
(painted or varnished)with one coat, exterior doors with two coats.
.17. Application of paints, stains, or other coating systems shall be in strict accordance with
manufacturer's directions and shall comply with the following:
A. Exterior Wood Siding, Millwork and Trim
L Knots, resinous wood, and nail holes shall be sealed with a prepared
sealer or aluminum paint prior to puttying and priming. Any nail holes or
cracks in surfaces to be painted shall be filled with putty.
ii. A prime coat shall be applied to all surfaces to be painted before or
immediately after installation. Primer shall be formulated specifically for
application to unfinished wood. Finish coats formulated to serve as
primers may be used.
iii. One of the following finish systems shall be applied. Coverage shall be
that which will provide at least the minimum thickness recommended by
the manufacturer.
a. Oil paint systems.
b. Latex paint systems.
c. Pigmented stains as per manufacturer's directions.
d. Clear penetrating preservatives or water repellent finishing
systems.
iv. The top and bottom of exterior wood doors, casement sash, awning sash
and the bottom of double hung sash shall receive two coats of paint or
sealer.
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Economic Development Agency
Neighborhood Stabilization Program
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V. Prior to erection, all edges of vertical siding shall be sealed with a heavy
coat of house paint primer, water repellent stain, exterior aluminum house
paint or sealer. Wood batten strips shall be backed-primed or sealed.
B. Wood Shingles, Shakes, Rough-sawn Siding.
i. Two coats of oil stain, pigmented oil stain, or an oil shingle paint shall be
applied.
C. Hardboard and Softwood Plywood Siding.
i. These sidings shall be finished in accordance with the manufacturer's
direction.
D. Wood Porch Floors and Decks.
i. One coat of primer and two coats of floor and deck enamel designed for
exterior use shall be applied. Joints between floor and wall shall be
caulked.
E. Unfinished Surfaces.
L Shingles and board siding of vertical grain cedar, redwood and bald
cypress may be left unfinished.
F. Exterior Concrete Masonry Units or Concrete Brick
i. At least two coats of masonry paint shall be applied.
ii. Concrete masonry units or concrete brick, except small areas of
foundation walls, shall be painted to provide a water resistant finish.
iii. High density concrete brick or solid split block forming the outer face of
double unit walls (veneer, cavity walls, etc.) may be left unpainted when
acceptable to the EDA.
G. Exterior Galvanized Steel or Iron
L Field painting shall consist of two coats. One coat shall be a primer
formulated specifically for galvanized surfaces, and the second coat shall
be a finish coat. A finish coat formulated to serve as a primer may be
used as the first coat.
H. Exterior Steel, Iron or Terne Plate
ii. Steel or iron, except stainless steel,weathering steels, or steel treated
with coatings to provide corrosion resistance, shall be painted.
iii. A rust inhibitive primer and a finish coat shall be applied.
I. Interior Millwork and Trim
i. All mill work and trim, including windows; interior doors; window, door and
base trim; paneling and closet shelving and trim shall be finished by
painting or natural finishing.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 23 of 28
ii. If the surface is open grain wood, it shall be filled or sealed to prevent the
grain from rising. Surfaces shall be treated with a primer. One or more
finish coats shall be applied to provide a smooth surface and good hiding.
iii. Natural finishes include stain-wax, stain followed by one or more coats of
varnish, clear coats of varnish with or without wiped paint undercoats or
oil and wax finishes.
J. Wood Floors
L If flooring is open grain wood, one coat of filler shall be applied. All
excess shall be wiped off.
ii. Flooring shall be finished with:
a. One or two coats of penetrating sealer and one coat of wax; or
b. Two coats of varnish and one coat of wax; or
c. Two coats of polyurethane; or
d. One or more coats of factory-applied finish.
K. Interior Plaster and Gypsum -Walls and Ceilings
L Plaster surfaces may be painted, covered or left unfinished, except for
surfaces of kitchens and baths. If painted, a finished coat shall be applied
over a primer-sealer, unless finish coats are of the self-priming type.
ii. Gypsum wallboard shall be covered. If painted, one coat of wallboard
sealer shall be applied unless finish coats are of the self-sealing type.
Two finish coats shall be applied over the sealer. One finish coat, except
in kitchen and baths, may be acceptable if good coverage is obtained.
L. Interior Metal
L Non-ferrous metals or wrought iron may be painted or left unfinished.
Other metals shall be painted in accordance with 609-3.4.
M. Interior Concrete Floors
L If painted, at least two coats of resin emulsion paint, a solvent rubber
paint or a floor and deck enamel shall be applied. If oil paint is used, the
surface shall be neutralized before painting.
ii. A coat of wax shall be applied over paint, stain or an integral finish.
N. Wall Coverings
1. Covering material shall be secured to a suitable base in accordance with
the manufacturer's directions.
ii. All rooms that have new wall covering installed will include molding, trim,
base, and painting (if required).
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 24 of 28
8100— Furnishings
8110 —Carpentry, Cabinets, and Millwork
.1. All manufactured factory finished cabinets shall comply with ANSI A161.1-86,
Recommended Minimum Construction and Performance for Kitchen and Vanity
Cabinets, or with an equivalent standard.
.2. Workmanship: All interior wood finish, cabinet and casework shall be smooth dressed,
well sanded, and thoroughly cleaned before priming. All material showing machinery,
sandpaper, or other defacing marks will be rejected. Interior wood finish or cabinet
work shall not be installed on newly plastered walls until the plaster in that section is
reasonable dry and approved by the EDA.
.3. All interior wood finish, doors, frames, and other cabinet work or fixed wood equipment
shall be properly installed, level plumb, and true. Members shall be neatly and
accurately scribe in place, maintaining full lengths without splicing, except where the
use of full lengths would be impractical or impossible, and then if joined, butt joints
shall be beveled. Replacement and installation of new trim or molding shall match
existing in size and profile or otherwise be reasonably appropriate upon finished
installation.
.4. All cabinets(kitchen base and wall, bathroom lavatory, etc.) shall be a minimum of
birch plywood construction (stain grade quality), shop fabricated casework, with all
necessary hardware. Shelving shall not be less than 3/4" pine, plywood, or particle
board. Kitchen base cabinets shall have a built-in bread board.
.5. All cabinets and trim shall be scribe to contacting surfaces and shall be straight, plumb
level and in true alignment, closely fitted, and rigidly fastened in place.
.6. Countertops:
A. Top material shall be phenolic laminate, vinyl plastic covering, ceramic tile,
stainless steel or other material suitable for its intended use.
B. The top material shall be securely bonded to a reinforced steel core, to 5/8 in.
plywood, or to any other equivalent material.
C. At least a 3 in. back and end splash shall be provided against all abutting vertical
surfaces which are not water and grease resistant. When a back splash is
omitted, the joints at the juncture of the counter top and vertical surfaces shall be
tight and sealed.
D. All edges, including the sink and any built-in surface units, shall have a non-
corrodible metal molding or other suitable edging.
E. High Pressured Laminated Plastic(Formica or equal)-Shall be constructed with
a bullnose front edge, minimum of a standard back splash where it abuts walls,
and full length of cabinets. If laminated plastic ends at wall, provide end splash
(material must be identical to counter top original color). Scribe and closely fitted
to adjacent work, and securely anchored to cabinets. Installation of sinks shall
have required mounting flange and sealed against leaking. No butcher block
unless otherwise requested or stated by the EDA.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 25 of 28
F. Ceramic Tile -Shall be applied over a plastic cement base secured to 3/4"
exterior plywood secured to the cabinets. Raise front edge, minimum of a
standard back splash, and sealed at edges of full length cabinets. (See Ceramic
Tile Specification).
G. GREEN OPPORTUNITY. Countertops shall be made of natural stone (granite),
tiles, or manufactured solid surfaces (Corian).
.7. Interior woodwork:
A. Trim (D.F.) "B or better".
B. Shelving - Particle board or#2 shelving.
9000— Plumbing, Mechanical, Electrical
9010 - Plumbing Fixtures
.1. All fixture installation is to include trap, vent, faucets, and all trim necessary to mount
fixture in an approved manner, and to include repair of damaged areas affected by the
installation. When kitchen or lavatory faucet is replaced, it will also include risers.
Replace all angle stops.
.2. Fixtures:
A. Water closets- Deep bowl (round or elongated per EDA request).American
Standard - Hydra; Eljer—Titan; Kohler; or equal. Handicap (17" high). Must be
rated at no more than 1.6 gallons per flush.
GREEN OPPOR7 UNITY Use of a high-efficiency toilet that uses less
than 1.6 gallons per flush is recommended.
B. Bathtubs- 5' pressed steel-American Standard; Kohler, or equal
C. Lavatories—American Standard, Kohler, or equal.
D. Kitchen Sinks-Single or double compartment enameled cast iron - Kohler or
equal; Single or double compartment stainless steel (7"depth, 20 gauge
minimum thickness) - Sterling or equal.
E. Garbage Disposal- Insinkerator— Badger 2, Y2 HP (3 year warranty) or equal.
F. Laundry Sinks-American Shower& Bath, or equal.
G. Faucets
i. Lavatory- Delta, Peerless, Kohler, or equal.
ii. Tub/Shower Diverter- Price Pfister, Kohler, or equal.
iii. Shower- Price Pfister, Kohler, or equal.
iv. GREEN OPPORTUNITY. Provide low flow faucets and shower heads or
fit standard faucets with a Now reducing aerator.
H. Bathtubs-5' Lasco; Hess Co; or equal.
I. Tub Wall Kits- Plaskolite, Elite; Nova, Seville, or equal.
J. Shower- Lasco, or equal.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 26 of 28
K. WATER HEATERS:
i. Shall be Reliance; Galaxie; Whirlpool; or equal, with an eight(8) year
warranty. Size shall be as required to service property.
ii. All shall have pressure/temperature relief valve with a drain line to the
outside; or if located on a concrete floor in center of house -
pressure/temperature relief valve and drain line shall be installed per
Building and Safety requirements.
iii. All units shall be secured to walls.
iv. All units shall be insulated.
V. GREEN OPPORTUNITY Water heater should have a high-efficiency
rating.
9020 - Domestic Water Distribution
.1. Each dwelling shall be provided with a continuing and sufficient supply of safe water
under adequate pressure and of appropriate quality for all household uses, and one
that will not impair the functioning or durability of the plumbing system or attachments.
.2. Connection shall be made to a publicly owned or publicly controlled water supply
system that is adequate to serve the demands of the project.
.3. Provide all connections to risers or fixtures from top to mains so that the entire system
can be drained at low point.
.4. Provide hot water supply to all fixtures except water closets.
.5. Support piping from the building structure by means of hangers to maintain required
grading and pitching of lines and to prevent vibration.
.6. GREEN OPPORTUNITY: All hot water lines shall be insulated.
7. GREEN OPPORTUNITY: Consider the use of PEX piping.
.8. GREEN OPPORTUNITY Provide a single-throw shut-off valve at service to clothes
washing machines. If machine located above a livable space, provide a floor drain and
shower pan under the washing machine.
9030 - Sanitary Waste
.1. Roto Root(clean) all drain lines to street through clean-out cap, roof vent, etc.
.2. Each dwelling shall be provided with a water-carried system adequate to dispose of
domestic wastes in a manner which will not create a nuisance or endanger the health
of the occupants or the public.
.3. Connection shall be made to a publicly owned or publicly controlled system that is
adequate to serve the needs of the project.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 27 of 28
9100 - Heating, Ventilating, and Air Conditioning (HVAC)
9110— Heating and Ventilating
.1. Heating and ventilating equipment shall be Trans; Bryant; Carrier; or equal, as
appropriate to the situation.
.2. GREEN OPPORTUNITY: Equipment should be rated as high effieciency.
.3. GREEN OPPORTUNITY: Evaluate existing heating and ventilation system and down
size or reconfigure to be more efficient. Do not oversize equipment.
.4. GREEN OPPORTUNITY. Consideration should be given to using equipment that
provides alternatives to conventional refrigerant, such as non ozone depleting HFC
refrigerants.
5. GREEN OPPORTUNITY. Provide ceiling fans in bed rooms and living spaces.
.6. Provide wall thermostat with complete vent system, attic shield, roof jack, and gas
piping/shut-off valve.
7. GREEN OPPORTUNITY Install programmable thermostats with both daytime and
nighttime setbacks. Separate control of different spaces into zones so that the unit
works more efficiently.
8. GREEN OPPORTUNITY. Provide duct cleaning prior to turn over
.9. Install in an approved manner and location.
.10. Crawl Space Ventilation:
A. The space between the bottom of the floor joists and the earth under any building
(except such space as is occupied by a basement or cellar) shall be provided
with a sufficient number of ventilating openings through foundation walls or
exterior walls to ensure ample ventilation. Such openings shall be covered with a
corrosion-resistant wire mesh with a mesh size not greater than 1/2 in. nor less
than 1/4 in. in any dimension. The minimum net area of ventilating openings
shall not be less than 1 sq. ft. for each 150 sq. ft. of crawl space area.
B. One ventilating opening shall be within 3 ft. of each corner of each building where
such openings are required.
.11. Attic Space Ventilation
A. Cross ventilation shall be provided for each separate space. Ventilation
openings shall be protected against the entrance of rain and snow.
B. The ratio of the total net free ventilation area to the area of ceiling shall be not
less than 1/150, except that the ratio may be 1/300 if:
i. A vapor retarder having a transmission rate not exceeding one perm is
installed on the warm side of the ceiling;
ii. Between 25 and 50 percent of the required ventilating area is provided by
vents located in the eaves or cornices with the balance of the required
ventilation provided by ventilators located at least 3'-0" above the vents in
the eaves or cornices; or
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 28 of 28
iii. The attic space is accessible and suitable for future habitable rooms or
walled-off storage spaces have at least 50%of the required ventilating
area located in the upper part of the ventilated spaces as near the high
point of the roof as practicable and above the probable level of any future
ceiling.
9200 — Fire Protection Systems
9210 — Fire Protection Specialties
Provide smoke detectors that are U.L. approved; First Alert SAI50LT, or equal. Hard
wire will have battery back-up.
2. GREEN OPPORTUNITY. Provide carbon monoxide detectors.
9300 - Electrical Systems
9310 - Electrical Service and Distribution
.1. When required, provide a new electrical service box/meter. All existing circuits shall
be checked out and split as required. All new loads, outlets, lights, etc., must be on
additional circuits, unless prior approval is received from the EDA.
.2. Electrical Service installed at location shall be as recommended by Edison Company.
.3. Check all services and verify all electrical service, circuits (marking panel if not done);
replacing all faulty outlets, switches, damage and missing cover plates; for house and
garage.
.4. When encountering non-complying wiring, it is to be removed in its entirety. This is to
include boxes, lights, old panels(unless used for junction box), etc.; and to include
repair, patching, and painting of all areas affected (to match existing)--ceilings,walls,
etc.All new wiring shall be concealed within walls, ceilings unless approval from the
EDA is obtained prior to installation.
5. GREEN OPPORTUNITY. All bulbs shall be fluorescent. No incandescent lighting will
be allowed. -
6 GREEN OPPORTUNITY. Avoid recessed lighting. When required use insulation-
contact fixtures that seal tightly and allow insulation to be packed against them.
.7. GREEN OPPORTUNITY., Install dimmer switches at all living areas. Restmoms shall
have motion detector switches.
.8. GREEN OPPORTUNITY All low voltage (telephone, data, television) shall be run in
conduits to provide for future expansion and/or replacement.
n
AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO, INC.
DEVELOPMENT AGREEMENT FOR INTERMEDIARY SERVICES
[INLAND EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES]
This Development Agreement for Intermediary Services (the "Agreement") is made and
entered into as of March 15, 2010, by and between Affordable Housing Solutions of San
Bernardino, Inc. ("AHS"), a California 501(c)(3) public benefit corporation, and Inland Empire
Concerned African American Churches, a California 501(c)(3) public benefit corporation,
("Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. Supervision of Consultant. The AHS officers and or their assignee's designated
in Exhibit "F" attached hereto (collectively, the "AHS Representatives") shall be responsible for
the direction of any work to be performed by the Consultant and any other consultants or
subconsultants to AHS under this Agreement. The Consultant shall not undertake any work
under the terms of this Agreement, unless instructed to do so by any one of the AHS
Representatives. No other AHS representative is authorized by AHS to request services from the
Consultant, pursuant to this Agreement. Approval by any one of the AHS Representatives shall
constitute approval by AHS.
2. Term of Agreement. The term of this Agreement shall commence on the date
first appearing in this Agreement (the "Effective Date") and will terminate six (6) months after
this date, unless earlier terminated as provided in this Agreement. AHS will have the option to
extend the term of this Agreement at the sole option and discretion of AHS with the written
consent of the Consultant. AHS reserves the right through the actions of the Chief Executive
Officer or the Chief Operating Officer of AHS to terminate this Agreement at any time either
with or without cause and at the sole convenience of AHS upon delivery of notice of termination
to the Consultant; provided, however, that upon the effective date of any such termination, AHS
shall be responsible to pay and/or reimburse the Consultant for all services, materials and
supplies as may have been furnished to AHS prior to the date of the termination of this
Agreement in accordance with the Scope of Services as referenced in Section 3.
3. Scope of Consultant Services. AHS hereby retains the Consultant to provide the
professional consulting services set forth in the Scope of Services attached hereto as Exhibit "E"
and incorporated herein by this reference. The Consultant hereby agrees to perform the work set
forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant
shall perform the services as set forth on said Scope of Services within the time periods to be
identified by the appropriate AHS Representative. The Consu nt shall comply with those
laws, regulations or ordinances governing fair housing and equal pportunity practices and the
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abatement of lead-based paint, asbestos and mold practices as required under the Neighborhood
Stabilization Program ("NHS") promulgated by the United States Department of Housing and
Urban Development("HUD")pursuant to the provisions of the Housing and Economic Recovery
Act of 2008, Public Law 110-289 — July 30, 2008, Title III — Emergency Assistance for the
Redevelopment of Abandoned and Foreclosed Homes, Section 2301, et seq., as the same may be
hereafter amended, restated or supplemented from time-to-time, and the Notice of Allocations,
Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for
Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes Grantees under
the Housing and Economic Recovery Act, 2008 issued by HUD and found at the Federal
RegisterNol. 73, No. 194/Monday, October 6, 2008/Notices, as the same may be hereafter
amended, restated or supplemented from time-to-time(collectively,the"NSP Regulations")
4. Payment by AHS for Work Performed by the Consultant.
A. AHS shall compensate the Consultant for completion of the services described in
the Scope of Services set forth in Exhibit `E", "Scope of Services", in accordance with the
guidelines stipulated in Exhibit"H", "Consultant Payment and Reimbursement".
B. The compensation designated in subsection 4.A. shall be the "Total Fee" for the
performance of the work and the delivery of the final work product materials, as set forth in the
Scope of Services for each property acquired directly or indirectly by AHS for which the
services were provided by the Consultant in accordance with this Agreement. The Total Fee
shall include, but not be limited to, the materials and salaries of all subcontractors and vendors
retained by the Consultant and all employees of the Consultant to perform work pursuant to this
Agreement and all general overhead expenses of the Consultant inclusive of all costs and
expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage,
copies and such other expenses related to completion of the work set forth in the Scope of
Services.
C. The Consultant shall invoice AHS for eligible predevelopment expenses and work
performed by the Consultant under this Agreement through funds draw requests submitted by the
Consultant in accordance with AHS's policies and procedures, and approved by AHS, on a
monthly basis, or on a more frequent basis if requested by the Consultant and approved by AHS,
with the first draw request occurring no earlier than two(2)weeks after the Effective Date.
D. The Consultant shall submit draw requests under this Agreement to:
Affordable Housing Solutions of San Bernardino, Inc.
Attention: Chief Operating Officer
201 North"E" Street, Suite 301
San Bernardino, California 92401
E. The Consultant's funds draw request shall set forth the cost of any direct labor
and materials incurred in performance of the Scope of Services, the appropriate portion of fees
described in Exhibit "H", as applicable, the cost of any permits or licenses required to perform
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the Scope of Services, and any other costs approved by AHS. Each draw request submitted by
the Consultant shall include copies of all third party invoices for any subcontractors or other
consultants hired, any invoices for materials, any conditional and unconditional lien releases for
invoices submitted by subcontractors or other consultants, and any forms or documents provided
by AHS that AHS requires to be included as part of the Consultant's draw request. All funds
draw requests shall be signed by the Consultant and approved and signed by an AHS
Representative or an AHS designated agent. Upon receipt of the Consultant's draw request
package, AHS shall review the draw request package and notify the Consultant whether it
approves of the draw request within three (3) working days after receipt of the draw request.
AHS shall issue a check or wire transfer to the Consultant equal to the total amount of those
costs included in the draw request and approved by AHS.
5. Records Retention. Records, maps, field notes and supporting documents and all
other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by
the Consultant and shall be made available to AHS for examination and for purposes of
performing an audit for a period of five (5) years from the date of expiration or termination of
this Agreement or for a longer period, as required by law. Such records shall be available to
AHS and to appropriate county, state or federal agencies and officials for inspection during the
regular business hours of the Consultant. If the Consultant does not maintain regular business
hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m.
Monday through Friday, excluding federal and state government holidays. In the event of
litigation or an audit relating to this Agreement or funds paid to the Consultant by AHS under
this Agreement, such records shall be retained by the Consultant until all such litigation or audit
has been resolved.
6. Indemnification. The Consultant shall defend, indemnify and hold harmless
AHS, its officers, employees, representatives, and agents (collectively, the "Indemnified
Parties") from and against any and all actions, suits, proceedings, claims, demands, losses, costs
and expenses, including audit fees and other audit related costs, legal costs and attorneys fees, for
injury or damage of any type claimed as a result of the acts or omissions of the Consultant, its
officers, employees, subcontractors and agents, arising from or related to performance by the
Consultant of the work required under this Agreement; provided, however, in no event shall the
Consultant be liable to the Indemnified Parties in the event that any such actions, suits,
proceedings, claims, demands, losses, costs and expenses result from the gross negligence,
fraudulent conduct or willful misconduct of the Indemnified Parties, or any one of them.
Moreover, the Consultant shall not be liable to the Indemnified Parties for defects not normally
identified.
Notwithstanding the foregoing, under no circumstances shall the Consultant be liable to
the Indemnified Parties as a result of the failure of AHS to provide to the Consultant any
amounts due to the Consultant in accordance with this Agreement, unless such failure was the
result of gross negligence, fraudulent conduct or willful misconduct on the part of the
Consultant.
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Notwithstanding anything to the contrary provided in this Agreement, it is specifically
understood and agreed, such agreement being a primary consideration for the execution of this
Agreement by the Consultant, that there shall be absolutely no personal liability on the part of
any shareholder, director, officer, manager, member or employee of the Consultant with respect
to any of the terms, covenants and conditions of this Agreement. The Agency hereby waives all
claims, demands and causes of action against the shareholders, directors, officers, members or
employees of the Consultant in the event of any breach by the Consultant of any of the terms,
covenants and conditions of this Agreement.
7. Insurance. The Consultant shall maintain insurance, as set forth in Exhibit "G"
to this Agreement, throughout the term of this Agreement, or in lieu of this insurance coverage,
the Consultant shall require its designated General Contractor to maintain such insurance as set
forth in Exhibit "G" and name the Consultant, AHS and the Redevelopment Agency of the City
of San Bernardino ("Agency") as Additional Insureds under such insurance. The Consultant
shall remain liable to AHS pursuant to Section 6 above to the extent the Consultant is not
covered by applicable insurance for all losses and damages incurred by AHS that are caused
directly or indirectly through the actions or inactions, willful misconduct or negligence of the
Consultant in the performance of the duties incurred by the Consultant pursuant to this
Agreement.
AHS shall maintain insurance against loss or damage to real property under an "all risk"
or "special form" property insurance policy, which shall include coverage against all risks of
direct physical loss, including loss by fire, lightning, terrorism, ordinance or law, and other risks
normally included in the standard ISO special form (which shall include flood insurance if the
property is located within a flood hazard area and which shall include earthquake insurance if the
property is located in an area where earthquake insurance is customarily maintained for similar
residential property). Such insurance shall be in amounts sufficient to prevent the Consultant
from becoming a co-insurer under the policy, and in any event, after application of deductible, in
amounts not less than 100%of the full insurable replacement cost.
8. Press Releases. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior written
consent of AHS, which consent shall not be unreasonably withheld. This Section 8 does not
apply to the advertising or other promotional materials used by the Consultant to sell the
Rehabilitated Home.
9. Default and Remedies.
A. The occurrence of any of the events listed in Exhibit "J", Section A.(1) through
(7), shall after the giving of any written notice described therein, constitutes a default by the
Consultant hereunder("Event of Default").
J. Upon the occurrence of an Event of Default,AHS may, in its sole discretion,take
any of tl e actions listed in Exhibit'J", Section B.(I)through(7).
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C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or any other
default by the other party.
D. The Consultant has the right to implement the remedies in Exhibit 4eJ", Section
C.(1) and (2), upon the default or failure of AHS to meet any of its obligations under this
Agreement without curing such failure within thirty (30) calendar days after receipt of written
notice of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency.
10. Termination.
A. This Agreement may be terminated by either party for any reason by giving the
other party fifteen (15) calendar days' prior written notice. AHS shall pay the Consultant for all
work authorized by AHS and completed, prior to the effective termination date.
B. In the event of a termination of this Agreement, the Consultant shall provide all
documents, notes, maps, reports, data or other work product developed in performance of the
Scope of Services of this Agreement to AHS within ten(10)calendar days after such termination
and without additional charge to AHS.
C. In the event of the expiration or early termination of this Agreement for any
reason, AHS shall pay and/or reimburse the Consultant for all services, materials and supplies as
may have been furnished to AHS prior to the date of the termination of this Agreement.
11. Notice. All notices given hereunder shall be in writing. Notices shall be
presented in person or by certified or registered United States Mail, return receipt requested,
postage prepaid or by overnight delivery by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed effective on
the third (3`d) business day following the deposit of such Notice with the United States Postal
Service. This Section 11 shall not prevent the parties hereto from giving notice by personal
service or telephonically verified fax transmission, which shall be deemed effective upon actual
receipt of such personal service or telephonic verification. Either party may change their address
for receipt of written notice by notifying the other party in writing of a new address for
delivering notice to such party.
CONSULTANT: Inland Empire Concerned African American Churches
Attention: President
1777 West Baseline Road
San Bernardino, CA 9241);,
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AHS: Affordable Housing Solutions of San Bernardino, Inc.
Attention: Carey K. Jenkins, Chief Operating Officer
201 North"E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 888-9413
12. Comntiance with Law. The Consultant shall comply with all local, state and
federal laws, including,but not limited to, environmental acts, rules and regulations applicable to
the work to be performed by the Consultant under this Agreement. The Consultant shall
maintain all necessary licenses and registrations for the lawful performance of the work required
of the Consultant under this Agreement.
13. Nondiscrimination. The Consultant shall not discriminate against any person on
the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Agreement. Without limitation, the
Consultant hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status or national origin. Further, the
Consultant shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such
action shall include, but not be limited to,the following: recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, the Consultant shall not exclude from
participation under this Agreement any employee or applicant for employment on the basis of
age,handicap or religion in compliance with state and federal laws.
14. Consultant and each Subcontractor are Independent Contractors. The
Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its
subcontractors shall at any time or in any manner represent that it or any of its employees are
employees of AHS or any department, commission or subsidiary entity of AHS. AHS shall not
be requested or ordered to assume any liability or expense for the direct payment of any salary,
wage or benefit to any person employed by the Consultant or its subcontractors and vendors to
perform any item of work described in the Scope of Services. The Consultant is entirely
responsible for the immediate payment of all subcontractor liens.
15. Severability. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
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16. Entire Agreement. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements between
the parties concerning the subject matters covered herein. The parties intend this Agreement to
be the final expression of their agreement with respect to the subjects covered herein and a
complete and exclusive statement of such terms.
17. Amendment or Modification. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto. Any
such modification or amendment shall be valid,binding and legally enforceable only if in written
form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such.execution. Any such amendment or modification to be effective as to
AHS must be approved by its officers or designated representatives.
18. Governing Law. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. Non-Waiver. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
20. Assip_,nment. This Agreement shall be assignable by the Consultant only if the
Consultant obtains the prior express written consent of AHS, which consent may be withheld by
AHS in its sole discretion. Notwithstanding anything to the contrary in this Agreement, no
purported assignment of this Agreement shall be effective if such assignment would violate the
terms, conditions and restrictions of any applicable governmental restrictions. AHS' consent to
such assignment shall be expressly conditioned upon (i) the assignee's execution of such
documents as required by AHS in its sole discretion, including, without limitation, any and all
documents deemed necessary by AHS to provide for said assignee's assumption of all of the
obligations of the Consultant hereunder and under any documents executed by the Consultant in
connection herewith, and (ii) AHS' approval of the financial and credit-worthiness of such
proposed assignee and the assignee's ability to perform all of the Consultant's obligations under
this Agreement and all documents executed in connection herewith, as may be determined by
AHS at its sole discretion.
21. Representations of Persons Executing the Agreement. The persons executing
this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and
bind the parties each purports to represent.
22. Execution in Counterparts. This Agreement may be executed in one (1) or
more counterparts, each of which will constitute an original.
23. Effectiveness of the Agreement as to AHS. This Agreement shall not be
binding on AHS until signed by an authorized representative of the Consultant, and approved
and executed by the Chief Executive Officer of AHS or his designee. The Agency shall provide
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PUgeM XAM"AlNChmeMM nde Att¢60mmtsV ma-Amend 39IOW3-15-10 MCAAC Development Agmemem-Firo doc
the Consultant with written notice of the approval of this Agreement upon Community
Development Commission of the City of San Bernardino("Commission")action.
24. Conflicts of Interest. The Consultant hereby represents that it has no interests
adverse to AHS or the Agency, at the time of execution of this Agreement. The Consultant
hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any
agreement or acquire any interests detrimental or adverse to AHS or the Agency. Additionally,
the Consultant hereby represents and warrants to AHS and the Agency that the Consultant and
any partnerships, individual persons or any other party or parties comprising the Consultant,
together with each subcontractor who may hereafter be designated to perform services pursuant
to this Agreement, do not have and, during the term of this Agreement, shall not acquire any
property ownership interest, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements relating to AHS or the
Agency, property over which AHS or the Agency have jurisdiction or any members or staff of
AHS or the Agency that have not been previously disclosed in writing to AHS, and that any such
property ownership interests, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements will not adversely
affect the ability of the Consultant to perform the services to AHS as set forth in this Agreement.
AHS acknowledges and agrees that the foregoing shall not prohibit the Consultant or any
affiliates thereof from managing or applying for funds granted by HUD pursuant to the NSP and
allocated or awarded to jurisdictions outside of the City of San Bernardino, California, or from
receiving a direct grant of funds from HUD pursuant to the NSP.
25. Non-Exclusivity. This Agreement shall not create an exclusive relationship
between AHS and the Consultant for the services set forth in Exhibit `B" or any similar or
related services. AHS may, during the term of this Agreement, contract with other consultants
for the performance of the same, similar or related services as those that may be performed by
the Consultant under this Agreement. AHS reserves the discretion and the right to determine the
amount of services to be performed by the Consultant for AHS under this Agreement, including,
not requesting any services at all. This Agreement sets forth the terms upon which any such
services will be provided to AHS by the Consultant, if such services are requested by AHS, as
set forth in this Agreement.
26. Consequential Damages and Limitation of Liability. AHS and the Consultant
agree that except as otherwise provided in this Section 26, in no event will either be liable to the
other under this Agreement for any damages including, but not limited to, special damages, loss
of revenue, loss of profit, operating costs or business interruption losses, regardless of cause,
including, breach of contract, negligence, strict liability or otherwise. The limitations and
exclusions of liability set forth in this Section 26 shall apply regardless of fault, breach of
contract, tort, strict liability or otherwise of the Consultant and AHS, their employees or
subconsultants.
27. Business Registration Certificate. The Consultant warrants that it possesses, or
shall obtain immediately after the execution and delivery of this Agreement, and maintain during
the period of time that this Agreement is in effect, a business registration certificate pursuant to
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PUgend \Age aAuachmmtMge z wU ema�eed 30IM3-15-10MCAACO Iopmem Ageement-Fiml doc
Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses,
permits, qualifications, insurance and approvals of whatever nature that are legally required to be
maintained by the Consultant to conduct its business activities within the City.
[SIGNATURES ON FOLLOWING PAGE]
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PIApndss�g6 aAffnh rnMgce aAttwhmrntaU6mm-Amend"IOW3-15-101ECAAC Development Ag 1.11-Fii doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
AHS
Affordable Housing Solutions of San Bernardino, Inc.
a California 501(c)(3)public benefit corporation
Dated: By:
Emil A. Marzullo, Chief Executive Officer
Approved as to Form:
By:
Timothy J. SabI4 Agency Counsel
CONSULTANT
Inland Empire Concerned African American Churches
a California 501(c)(3)public benefit corporation
Dated: By:
Name:
Title:
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Exhibit"A"
Legal Description
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s;
orduhumW.. PJU-3420554
Page Wm0 : 6
LEGAL DESCRIPTION
Real property In the City of San Bernardino,County of San Bernardino,State of California,
described as follows:
LOT 42,TRACT NO. 3538,IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 46 OF MAPS PAGE 56, RECORDS OF
SAID COUNTY.
APN: 0143-133-42
i
RistAmerlon Tit/e
Exhibit°Bf5
Total Development Cost Pro Forma
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P Age s4lgeMa Anechm t S VMe AnacM1mmtsUgmn-Amend 20IM3-15.10IHC C 10pmem Ag Mt-Fivl.dpc
EXHIBIT B TO DEVELOPMENT AGREEMENT
TOTAL DEVELOPMENT COST PRO FORMA
Acquisitor, Costs
List Price 44,500 Appraisal value before rehab
Discount 445 Amount of discount allowed by the seller
Purchase Price 44,055 Difference between List Price and Discount
Closing Costs 531 Escrow and Title Fees, etc.
Subtotal Acouisition Costs 44,586
Rehabilitation Costs
Direct Rehabilitation 54,460 Cost estimated to complete scope of work
Contingency 5,446
Property Management Fee 1. ':'13;592` Intermediary fixed fee for managing property
Subtotal Rehabilitation Costs 2. 73,498
Indirect Costs
Property Taxes 175 Property taxes incurred during holding period
Homebuyer Qualifying Fee 3 .x$00 Intermediary fixed fee per homebuyer
General Contractor Fee101acy Co. 4. Intermediary Fee: fixed % of Dir. Rehab.+ Contingency
Sales Commission 5. �``,4500 Intermediary Fee: % of EDA Final Price
Sales Closing Costs 2,500 Escrow, title fees,taxes etc. at sale closing. Insurance
Subtotal Indirect Costs 6. 16,543
Financing Costs
Construction Loan Interest 7. i - -:,0 Interest paid on construction/rehab loan
Loan Origination Fee 8 `7— 0 Fee for construction/rehab loan
Subtotal Financing Costs 9. -
TOTAL DEVELOPMENT COST 10 134,627
Sales Price
Estimatd Rehabilitated Market Sales Price 75,000 Estimated value of home after rehabilitation
Total Development Cost 11. 134,627 Total cost calculated above (No. 10)
EDA FINAL SALES PRICE 12 75,000 The lower of market sales price or tot. dev. cost
Intermediary Proceeds
Property Management Fee 13. 13,592 From No. 1 above
General Contractor Fee/O.H. 14. 8,568 From No. 3 above
Homebuyer Qualifying Fee 15. 800 From No. 4 above
Sales Commission Fee 16. 4,500 From No. 5 above
Reimbursement Comet. Loan Int. 17. - From No. 7 above
Reimbursement Loan Orign. Fee 18. - From No. 8 above
TOTAL INTERMEDIARY PROCEEDS 19 27,460 Total of 13 through 18 above
Exhibit "C"
Rehabilitation Scope of Work
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EXHIBIT "C" TO DEVELOPMENT AGREEMENT
REHABILITATION SCOPE OF WORK
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
COST ESTIMATE WORKSHEET
Date: January 27, 2010
Time:
Location: 1519 W. Virginia Street, San Bernardino, CA 92411
Job Duration:
Estimator:
1 TEMPORARY FACILTIES
2 Remove Chain Line Fence 1 EA 180.00
3 EA
4 Other
5 SITE WORK
6 Final Cleaning 150.00
7 Exterior Demolition
8 Grading SF
9 Excavation SF
10 Remove damaged flat concrete in rear yard 1 EA 1,500.00
11 Approach: Remove and Install New SF
12 Sidewalk: Remove and Install New SF
13 Hazardous Waste Remidiation
14
15 New Wrought Iron Fence LF
16 New Chain Link Fence LF
17 New Wood Fence 210 EA 3,150.00
18 Remove/Install Block Wall LF
19 LANDSCAPING
20 Remove and/or Trim Trees 1 EA 700.00
21 Install Sprinkler System 1 EA 1,500.00
22 Hydro Seed Yard } SF
23 Level Front Yard 1 EA 100.00
24 INTERIOR DEMOLITION
25 Repair all damaged and removed Interior 1 EA 1,200.00
Plaster and Drywall
26 Removal of other items
27 HAZARDOUS COMPONENTS ABATEMENT
28 Lead
29 Asbestos
30 Mold
31 Other
32
33 FOUNDATIONS
34
35 Replace soffit, gable and crawlspace screens 1 ALL
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
36 Replace and Install New Access Door EA 100.00
37 Construct New Access Well with Door EA 100.00
38 Footings SF
39 Concrete SF
40 FRAMINGIWOOD
41 Studs LF
42 Other LF
43 EXTERIOR
44 Sandblast 1 SY 3,600.00
45 Colorcoat, repair all cracks, holes and } 1
46 damage areas BY
47 Wrap and Stucco BY
48 Insulation SF
49 EXTERIOR WINDOWS
50 Replace all windows with low-e 6 EA 2,040.00
51 Missing Putty EA
52 Install new screens EA
53 Replace broken glass panes EA
54 Remove and Install new aluminum EA
55 Block frame single hung or sliders
56 Replace front security door 1 EA 150.00
57 window EA
58 Aluminum-slider 4'x3' standard frame EA
59 Aluminum-slider 4'x3'block frame EA
60 Aluminum-slider hung 3'x4'standard EA
61 Aluminum-slider hung 3'x4' block EA
62 Aluminum-slider 5'x4' standard frame EA
63 Aluminum-slider 5'x4' block frame EA
64 Aluminum -single hung 3'x5' standard frame EA
65 Aluminum-single hung 3'x5' block EA
66 Aluminum-slider 3'x2' standard EA
67 Aluminum -slider 3'x2' block EA
68 Install vertical blinds on dining, LR & bedrooms 4 EA 300.00
69 EXTERIOR DOORS
70 Garage: Remove and Install ALL 650.00
71 Garage side door,jamg, casing & lockset 1 EA 325.00
72 Entry Door EA 325.00
Replace front door casing 1 EA
73 Replace mail boxt door 1 EA
74 ROOFING
75 Si. Complete tear off roof and sheathing 1
76 Installation of aluminized sheathe 1
77 Install compostion roof to code-30 Yr. 1 5,150.00
78 Replace all facia with new six inch fascia 1 450.00
79 Remove all Install gutter and
80 downspouts LF 180.00
81 INTERIOR CONSTRUCTION
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
82 Install R-30 Insulation in attic 1 EA 1,500.00
83 Drywall SF
84 Hollow-core interior door withhinges and 3 EA 465.00
Installation in an existing jamb. Hardboard
wood-textured and embossed
85 Repair bedroom closet doors 1 EA 150.00
86 Shower doors EA
87 Tub Enclosure EA
88 Laundry door EA
89 Other EA
90 FLOORING
91 Carpet Allowance 1 BY 1,200.00
92 Ceramic Tile SF
93 Linoleum 1 SY 600.00
94 Hardwood SF
95 Other
96 PAINTING
97 Prep and paint interior complete two coats 1 EA 1,250.00
98 Stains(kitchen, bath and other cabinets) SF
99 Repair all damaged SF
100 Paint exterior wood 1 EA 850.00
101 CARPENTRY,CABINETS AND MILLWORK
102 Remove and Install new cabinets 1 2,850.00
103 Install and Replace Formica Counter tops 1 EA 650.00
104 Repair framing and plaster as necessary 1 EA 150.00
Repair hall closet doors&cabinets 1 EA 200.00
105 PLUMBING
106 Bathtub&Shower surround 1 EA 480.00
107 Lavatory 1 EA 250.00
108 Kitchen Sink 1 EA 160.00
109 Garbage Disposal 1 EA 80.00
110 Laundry Sink EA 50.00
111 Faucets kitchen, bath &shower 3 EA 350.00
112 Bathtubs EA
113 Tub Wall Kits EA
114 Shower EA
115 Water Heater 1 EA 400.00
116 Roto Root(clean)all drain lines to street ALL 150.00
117 Remove and Install new EA 150.00
118 Anti-syphon hose bibbs
Replace cleanout cover at kitchen exterior 1 EA 50.00
Repair water leak at rear hose bib 1 EA 100.00
119 Interior water supply ball valve with 1 EA 150.00
pressure valve
120 HVAC
121 Install new system lincluding ducts& 1 EA 5,900.00
thermostat
122 Repair duct work LF
All line items will be performed according to City of San Bernardino E, gomic Development
Stabilization Program Building Standards
123 Repair HVAC Unit EA
124 Replace HVAC Unit EA
125 Remove wall heater 1 50.00
126 Other
127 ELECTRICAL
128 Remove and Install new light fixture 7 EA 3,700.00
129 Remove and Install new GFCI outlets EA
130 Remove and Install circuittoutlet EA
131 Install new GFCI outlet 3 EA
132 Remove and Install new circuit breaker EA
133 Remove and Install new wiring LF
(included with Item#45)
134 Cover Plates EA 50.00
135 Smoke detectors EA 375.00
136 Other
137
138 MISCELLANEOUS
139 Install new medicine cabinet, mirror, towel 1 EA 100.00
140 & paper holders
141 Hood vent&fan, stove, dish washer, garbage 1,500.00
142 disposal and
(ironing board cabinet-included in Item#49)
143 (allowance) 1 EA
162 Supervision 3,200.00
163
164
165
166
SUBTOTAL $48,960.00
Insurance Burden (General Liability&Workers Compenssation 2.5%)
OVERHEAD& PROFIT (15%) $8,568.50
GRAND TOTAL GENERAL CONTRACTOR'S BASE BID $57,528.50
APPROVED OPTIONS
1 Remove Existing tile and Install Slate at Front Porch 650.00
2 Install Rear Yard Sprinklers 1,000.00
3 Repipe with Copper Plumbing 3,600.00
4 Replace Interior Base Moulding 250.00
OPTIONS TOTAL $5,500.00
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
Exhibit"D"
Project Timeline
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Exhibit aaE"
Scope of Services
1. Secure Property-Ensure that adequate locked fencing is installed on the perimeter of the site
when necessary. Board up windows and outer doorways when necessary in order to prevent
looting and vandalism of the Rehabilitated Home.
2. Property Management-Maintain utilities service, pay for monthly utilities bill(s) during the
holding period (the Consultant will be reimbursed for this cost), interior and exterior
appearance and marketability of the Rehabilitated Home as needed.
3. Approved Budget - The approved budget includes the estimate of the costs the Consultant
expects to incur in order to complete the Scope of Work defined herein, provided in Exhibit
"B" (the "Total Development Cost Pro Forma"). This budget estimate includes all costs
associated with the rehabilitation of the Rehabilitated Home, including labor and materials
for rehabilitation work, contingency, the Project Management Fee, the General Contractor
i
Fee/Overhead, the Sales Commission Fee and the Homebuyer Qualifying Fee, includes the
j cost of enrolling the prospective buyer of the Rehabilitated Home deemed qualified by the
Consultant under the conditions in this Agreement (the "Qualified Homebuyer") in a
homebuyer education course administered by an AHS approved third party vendor or
organization.
4. Project Timeline - The approved estimated timeline provided in Exhibit "D" sets forth the
completion of the various steps involved in the acquisition, rehabilitation and resale of the
Rehabilitated Home (the "Project Timeline"). The timeline starts from the point that the
selected Consultant enters into the contract for the Rehabilitated Home with AHS through the
close of sale to the Qualified Homebuyer. Major steps included in the timeline are
construction period, completion of construction, issuance of the Certificate of Completion,
start of marketing period for the home, projected number of weeks needed to identify a
Qualified Homebuyer,escrow period and close of escrow.
5. Rehabilitation Scope of Work-The approved detailed, line item budget of the costs required
to complete the rehabilitation scope of work agreed upon by AHS and the Consultant,
provided in Exhibit "C" (the "Rehabilitation Scope of Work") serves as the Consultant's
price bid for the Rehabilitation Scope of Work.
6. Manage Rehabilitation Work - Manage the rehabilitation of the Rehabilitated Home to
include, but not be limited to: (i)ensuring that all tasks identified in the Rehabilitation Scope
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of Work are completed on a timely basis and all work performed satisfies AHS' standards;
(ii) conducting weekly on-site project inspections; (iii) managing relationships with all
subcontractors and vendors; (iv) obtaining all necessary permits required to complete the
Rehabilitation Scope of Work; (v) ensuring that all rehabilitation work complies with all
applicable municipal codes; (vi) submitting funds draw requests to AHS in a timely and
accurate manner; (vii) paying all sub-contractors hired by the Consultant and all vendors
providing materials used in the performance of the Rehabilitation Scope of Work on a timely
and accurate basis; and(viii) administering both conditional and unconditional lien releases.
7. Marketing— Market the Rehabilitated Home through advertising and published promotional
materials. Adhere to AHS' Affirmative Marketing Guidelines (Please see Exhibit"K").
8. Identify Qualified Homebuyer- Identify and present prospective homebuyers to be approved
by AHS in writing, facilitate adequate homebuyer training and facilitate financing of
property which may include Down Payment Assistance from the Agency, pre-qualify the
homebuyer for eligibility to purchase the Rehabilitated Home and collect those application
documents from the Qualified Homebuyer identified in Exhibit"I", Section"A".
In addition, the Consultant is required to make best efforts to ensure that a fixed rate
permanent loan secured by a first trust deed ("First Mortgage Loan") is made available to the
Qualified Homebuyer at the lowest commercially available rate and most favorable terns.
9. Escrow—Work with the AHS selected title company and manage the escrow process through
closing on behalf of the Qualified Homebuyer, ensure that all AHS sale documents are
executed, notarized and recorded as needed.
10. Files — Maintain adequate files for the Rehabilitated Home, ensuring compliance with all
Neighborhood Stabilization Program requirements, files shall include, but not be limited to,
all documents listed in Exhibit "I", and all documents required to verify compliance with the
Affirmative Marketing Guidelines stated in Exhibit "K", such as homebuyer waiting lists,
copies of advertisements published in local and community newspapers, etc.
11. Appraisal — Work with the AHS designated Appraiser to determine the sales price for the
Rehabilitated Home.
12. Environmental - Ensure that all environmental mitigation measures recommended by AHS'
Environmental Consultant are carried out as part of the Rehabilitation Scope of Work.
Provide proof of completion of these mitigation measures.
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P4lgendssUgWaAtuchmenlM W.ANChmentsUQnms-Amatl 201=34- 10 MCMC Dm p.Agrtemmt-Fieel.EOc
13. Closing Requirements:
A. The Consultant shall cause the closing of the sale of the Rehabilitated Home by
following the procedures and complying with the requirements set forth in Exhibit
"P", Section A.
B. The Consultant shall cause the closing of any Agency Down Payment Assistance
Loans, if applicable, in accordance with the procedures and requirements established
in Exhibit"I", Section B.
14. Building Standards:
The Consultant shall adhere to the building standards stipulated in Exhibit "L" when
performing any rehabilitation work on the Rehabilitated Home.
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Exhibit"F"
ARS Representatives
AHS Officers:
Emil A. Marzullo,
Chief Executive Officer
Carey K.Jenkins,
Chief Operating Officer
Authorized AHS Representatives:
Samuel Hughes,
Consultant
Fernando S. Portillo,
Consultant
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EXHIBIT"G"
Insurance Requirements
The Consultant and its General Contractor shall maintain insurance policies issued by an
insurance company or companies authorized to do business in the State of California and
that maintain during the term of the policy a "General Policyholders Rating" of at least
A(v), as set forth in the then most current edition of"Bests Insurance Guide," as follows:
(1) Automobile Insurance. Comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per
occurrence for each vehicle leased or owned by the Consultant or its subcontractors and
used in performing work under this Agreement.
(2) Worker's Compensation Insurance. Worker's compensation
coverage in accordance with California workers' compensation laws for all workers under
the Consultant's and/or subcontractor's employment performing work under this
Agreement.
(3) Liability Insurance. AHS requires comprehensive liability
insurance, including coverage for personal injury,death,property damage and contractual
liability, with a limit of at least One Million Dollars ($1,000,000), including products and
completed operations coverage. Said insurance shall be primary insurance with respect
to AHS and the Agency. The Consultant shall require and ensure that the Consultant's
contractors include AHS and the Agency, as additional insureds on all general liability
insurance covering work at the Rehabilitated Home. All insurance policies required of
the Consultant or its contractors as provided herein, shall extend the subject insurance
coverage to:
"The City of San Bernardino, the Redevelopment Agency of the City of
San Bernardino and Affordable Housing Solutions of San Bernardino, Inc., their officers
officials, attorneys, agents, employees and volunteers"
In lieu of directly obtaining the insurance coverage mentioned in this Exhibit"G",
the Consultant can require its General Contractor to name the Consultant as an additional
insured on the insurance policies obtained by the General Contractor for the purposes of
satisfying the insurance requirements herein.
Concurrent with the execution of this Agreement and prior to the commencement
of any work by the Consultant, the Consultant shall deliver to AHS, copies of policies or
certificates evidencing the existence of the insurance coverage required herein, which
coverage shall remain in full force and effect continuously throughout the term of this
Agreement. Each policy of insurance that the Consultant purchases in satisfaction of the
insurance requirements of this Agreement shall name AHS,the Agency and if applicable,
the Consultant as an additional insured and shall provide that the policy may not be
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PV,peM ge AO fflsUre &Att bMMSVg" CM"INOMMO MCAAC 491Wm Ag =Mm Fml
cancelled, terminated or modified, except upon thirty (30) days prior written notice to
AHS.
Failure on the part of the Consultant to procure or maintain the insurance
coverage required in this Exhibit "G" for fifteen (15) days or longer shall constitute a
material breach of this Agreement pursuant to which AHS may exercise all rights and
remedies set forth herein and, at its sole discretion, and without waiving such default or
limiting the rights or remedies of AHS, procure or renew such insurance and pay any and
all premiums in connection therewith and all monies so paid by AHS shall be reimbursed
by the Consultant to AHS upon demand including interest thereon at the rate of ten
percent (10%) per annum interest compounded annually from the date paid by AHS to
the date reimbursed by the Consultant. The Agency shall have the right, at its election, to
participate in and control any insurance claim adjustment or dispute with the insurance
carrier. The Consultant's failure to assert or delay in asserting any claim shall not
diminish or impair the rights of AHS against the Consultant or the insurance carrier.
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Exhibit"H"
Consultant Payment and Reimbursement
The Consultant shall be paid four (4) different fees by AHS. The four (4) fees that the
Consultant is eligible to receive are;
1. Project Management Fee;
2. General Contractor Fee/Overhead;
3. Homebuyer Qualifying Fee; and
4. Sales Commission Fee.
The amount of the fees to be paid to the Consultant by AHS for completing the Scope of
Services detailed in Exhibit "E" is recorded in the Development Pro Forma attached as
Exhibit `B"to this Agreement. The costs contained in the Development Pro Forma serve
as the budget for the project, and the Consultant will be required to complete the work in
accordance with that budget. This budget must be approved by AHS Representative(s)
prior to the start of any rehabilitation work by the Consultant.
Project Management Fee—The Project Management Fee is the compensation received by
the Consultant for securing, maintaining and marketing the property. Some of the tasks
that might be included under this function are such things as, fencing the property,
mowing the lawn, clearing debris from the lawn, removal of graffiti, etc. The Project
Management Fee may also include any marketing costs incurred by the Consultant, such
as online or print advertising and website design, as approved by AHS. The Consultant is
eligible to receive fifty percent (50%) of this fee upon commencement of the
Rehabilitation Scope of Work, to be invoiced by the Consultant in the first funds draw
request submitted by the Consultant to AHS. The remaining portion of this fee shall be
payable to the Consultant after the rehabilitation work is completed, as evidenced by an
AHS issued Certificate of Completion or a City issued Certificate of Occupancy, as
applicable. The remaining portion of this fee shall be paid to the Consultant upon the
close of the Rehabilitation Home Sales Escrow.
General Contractor Fee/Overhead — The General Contractor Fee/Overhead is the total
amount paid by AHS for management of the rehabilitation work as defined in Exhibit
"E", Section 6. If the Consultant hires a General Contractor, then the Consultant is
responsible for negotiating a fee structure with its hired General Contractor, but in no
event, will AHS pay an amount above the General Contractor Fee/Overhead stated in this
Agreement, nor will AHS pay a separate General Contractor Fee/Overhead to the General
Contractor. The amount of this fee is a fixed fee for the rehabilitation work. The costs of
the rehabilitation work shall include direct labor and materials involved in the
performance of the Rehabilitation Scope of Work plus the budgeted contingency for this
work. A portion of this fee commensurate with the percentage of completion of the
Rehabilitation Scope of Work shall be paid with each funds draw request submitted by
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the Consultant.
Any additional costs arising from unexpected conditions on the site or other unexpected
difficulties must be written up as a change order and AHS Representative(s) must sign
and approve the change order at the discretion of the AHS Representative(s) in order for
these costs to be included as part of the overall rehabilitation costs, which would then
increase the absolute amount of the General Contractor Fee/Overhead.
Homebuyer Qualifying Fee — This fee is paid to the Consultant for identifying and
assisting AHS in qualifying the prospective homebuyer for the sale of the Rehabilitated
Home. This is a one-time fixed fee. This fee will include the Consultant's
reimbursement for any costs associated with the prospective homebuyer's "Homebuyer
Education Training" and payments to third party service providers, such as Neighborhood
Housing Services of the Inland Empire ("NHSIE"), or another such service provider.
The Homebuyer Qualifying Fee shall be paid upon the close of the Rehabilitated Home
Sales Escrow.
Sales Commission Fee — The sales Commission Fee represents the payment received by
the Consultant for managing the Rehabilitated Home Sale Escrow process on behalf of
AHS to assist the Qualified Homebuyer through the Rehabilitated Home Sales Escrow
process. The amount of this fee is calculated as a fixed percentage of the final sales price
to the Qualified Homebuyer. The Sales Commission Fee shall be paid upon the close of
the Rehabilitated Home Sales Escrow.
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P:WgendesVgenda AnuM1menbUgende All.h.en,M,m,aA 20iW3-15-10 MCMCDevelopmem A,r -Fwl.doc
Exhibit"I"
Closing Requirements
A. Sale of Rehabilitated Properties
The Consultant shall initiate the sale of a Rehabilitated Property to a Qualified
Homebuyer by submitting to the Agency a purchase/sale agreement executed by the
prospective homebuyer, verifying documentation from the prospective buyer with respect
to residency, income and the property condition as the Agency, or its designee, may
reasonably request (collectively, "Homebuyer Application"). [NOTE: NSP regulations
limit the income on NSP funded properties. The Agency should be involved in the
negotiation of sales documents of the properties.] The Homebuyer Application shall
consist of the following information in the form provided or approved by the Agency:
i. Last Three (3) Years Tax Returns (State and Federal) (1040's) signed with
W2's attached. Two (2) Current Pay Stubs for all household members who
will reside in the home.
ii. A California Association of Realtors California Residential Purchase
Agreement fully executed by the prospective homebuyer (With
Agency Addendum(s) attached).
iii. Neighborhood Stabilization Program Homebuyer Application.
iv. Income Certification.
V. Application Affidavit—Completely filled out and signed by the prospective
homebuyer.
vi. Signed Lead-Base Paint Disclosure Form (for homes built prior to 1978).
The Agency does not supply this form.
i
vii. Copy of Employment Verification for each Homebuyer.
i
viii. 2 Months of Current Bank Statements.
ix. 3-Year Rental History.
X. Homebuyer Education Certificate from NHSIE or another like service
provider.
Within seven (7) calendar days after the receipt of the Homebuyer Application by the
Agency, Agency Staff will notify the Consultant of approval or denial of the prospective
homebuyer's eligibility and confirmation of such eligibility by means of a Reservation
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Letter (all reservations will be automatically valid for sixty (60) calendar days from the
date of confirmation) [NOTE: The Agency should execute the sales agreement]. Upon
notification by Agency Staff of the prospective homebuyer's eligibility, the Consultant
shall open an Escrow account with an Agency approved escrow company (the "Escrow
Holder"). The Agency shall fiimish the Escrow Holder with executed escrow
instructions. The Consultant shall not permit any Escrow to close for the sale of a
Rehabilitated Property until and unless the escrows instructions executed by the Agency
(and countersigned, if requested by Agency Staff, by the First Trust Deed Lender) have
been submitted to the Escrow Holder. As provided in the Agency escrow instructions,
Escrow shall also not close unless and until:
1. The Escrow Holder holds the following documents : (1)Agency Notice of
Affordability Restrictions executed by the Qualified Homebuyer and
notarized; and (2) a grant deed with respect to the Rehabilitated Property
purchased by the Qualified Homebuyer, executed and acknowledged by
the selling entity; and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Property is provided to the Agency naming the Agency as
additionally insured; and
3. Rehabilitation of the Rehabilitated Property shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and the City shall have issued a final certificate of occupancy
for the Rehabilitated Property; and
4. The Consultant's execution and delivery to the Agency of the Sub-
agreement.
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Project or the Rehabilitated Property.
Within seven (7) calendar days after the receipt of the Homebuyer Application by AHS,
the AHS Representative(s) will notify the Consultant of approval or denial of the
prospective homebuyer's eligibility and confirmation of such eligibility by means of a
Reservation Letter (all reservations will be automatically valid for sixty (60) calendar
days from the date of confirmation) [NOTE: AHS should execute the sales agreement].
Upon notification by the AHS Representative(s) of the prospective homebuyer's
eligibility, the Consultant shall open the Rehabilitation Home Sales Escrow account with
an AHS approved escrow company (the "Escrow Holder"). AHS shall famish the
Escrow Holder with executed escrow instructions. The Consultant shall not permit the
Rehabilitation Home Sales Escrow to close until and unless the escrow instructions
executed by AHS (and countersigned, if requested by AHS Representative(s), by the First
Trust Deed Lender) have been submitted to the Escrow Holder. As provided in the AHS
escrow instructions, Escrow shall also not close unless and until:
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1. The Escrow Holder holds the following documents : (1)Agency Notice of
Affordability executed by the Qualified Homebuyer; and (2) a grant deed
with respect to the Rehabilitated Home, executed and acknowledged by
the selling entity(the"AHS Grant Deed"); and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Home is provided to AHS naming AHS and the Agency as
additionally insured; and
3. The Rehabilitation Scope of Work shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and AHS shall have issued a Certificate of Completion or the
City shall have issued a Certificate of Occupancy for the Rehabilitated
Home, as applicable; and
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Rehabilitated Home.
B. Down Payment Assistance
In the case where the Qualified Homebuyer needs down payment assistance to facilitate
the purchase of the Rehabilitated Home, the Consultant shall assist the Qualified
Homebuyer in applying for such assistance from the Redevelopment Agency of the City
of San Bernardino's ("Agency") Homebuyer Assistance Program ("HAP"), at the
Qualified Homebuyer's election. The requirements and the application process for
jobtaining such assistance are described fully in the Agency's HAP Program Manual,
which can be obtained at the Agency's offices. The process for applying for such
assistance is summarized below, but in the event that a conflict exists between the
description of the HAP Program contained herein and the HAP Program Manual, the
requirements and procedures described in the HAP Program Manual shall prevail.
In order to reserve Agency Down Payment Assistance Loan assistance to facilitate the
purchase of the Rehabilitated Home, the Consultant must include in the Homebuyer
Application described in Section A, herein, the following information in the form
provided or approved by AHS and the Agency:
i. Verification for Applicant Eligibility, completely filled out and signed by the
prospective homebuyer and the First Trust Deed Lender;
ii. Copy of Credit Report. If the prospective homebuyer lacks credit history or
scores are lower than 640, please provide secondary credit such as a landlord
letter or utility statements; and
iii. Agency Down Payment Assistance Loan Worksheet.
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The obligation of the Agency to fund each Agency Down Payment Assistance Loan shall
be subject to satisfaction of all of the conditions stated in Section A,herein,together with
the following conditions (collectively, the"Closing Conditions"):
(a) The Escrow Holder holds the following documents: 1) the Qualified
Homebuyer Agency Down Payment Assistance Loan Agreement executed by
the Qualified Homebuyer and the Agency; (2) the Agency Promissory Note
executed by the Qualified Homebuyer in favor of the Agency in the same
amount as the Agency Down Payment Assistance Loan; and (3) the Agency
Subordinate Deed of Trust and Assignment of Rents acknowledged and
executed by the Qualified Homebuyer in favor of the Agency; and
(b) Any one of the following title companies whether(i)First American Title, (ii)
North American Title, (iii) Chicago Title, (iv) Stewart Title or(v) another title
insurer approved by the Agency ("Title Company") shall have assured the
Agency in writing that with respect to each Agency Down Payment
Assistance Loan, the Agency shall receive upon recordation of the Agency
Subordinate Deed of Trust and Assignment of Rents a CLTA lenders policy of
title insurance in the amount of the Agency Down Payment Assistance Loan
Note (the "Agency Title Policy') insuring the priority of the Agency
Subordinate Deed of Trust and Assignment of Rents, subject only to the First
Mortgage Loan and other exceptions approved by the Agency following the
Agency's prior review of a preliminary title report for the Rehabilitated
Home, which preliminary title report must be received by the Agency no later
than seven (7) calendar days after the approval by the Agency of the
Homebuyer Application; and
(d) The Agency shall have reviewed and approved the Qualified Homebuyer for
the Agency Down Payment Assistance Loan in the Agency's sole discretion,
and the eligibility conditions in the applicable sections of the HAP Manual
shall have been satisfied. In accordance with the Neighborhood Stabilization
Program, the Rehabilitated Home is not restricted for sale to first-time
homebuyers; therefore, these properties are exempt from the requirements in
Section II. B. 1. of the HAP Manual; and
(e) No stop notice or mechanics' lien shall have been filed against the
Rehabilitated Home unless discharged as provided by law.
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EXHIBIT"J"
Events of Default and Remedies
A. Events of Default
The occurrence of any of the following shall, after the giving of any notice described
therein, constitute a default by the Consultant hereunder("Event of Default"):
(1) The failure of the Consultant to pay or perform any monetary
covenant or obligation under the Agreement or any of the documents executed in
connection herewith, without curing such failure within ten (10) calendar days after
receipt of written notice of such default from AHS (or from any party authorized by AHS
to deliver such notice as identified by AHS in writing to the Consultant);
(2) The failure of the Consultant to perform any non-monetary
covenant or obligation hereunder or any of the documents executed in connection
herewith that results in a material adverse effect to AHS, without curing such failure
within thirty (30) calendar days after receipt of written notice of such default from AHS
(or from any party authorized by AHS to deliver such notice as identified by AHS in
writing to the Consultant) specifying the nature of the event or deficiency giving rise to
the default and the action required to cure such deficiency;provided, however, that if any
default with respect to a non-monetary obligation is such that it cannot be cured within a
thirty-day period, it shall be deemed cured if the Consultant commences the cure within
said thirty-day period and diligently prosecutes such cure to completion thereafter.
Notwithstanding anything herein to the contrary,the herein described notice requirements
and cure periods shall not apply to any Event of Default described in Sections (3)through
(6) below;
(3) The falsity of any representation or breach of any warranty or
covenant made by the Consultant under the terms of this Agreement or any documents
executed in connection herewith;
(4) The Consultant or any constituent member or partner, or majority
shareholder, of the Consultant shall (a) apply for or consent to the appointment of a
receiver,trustee, liquidator or custodian or the like of its property, (b)fail to pay or admit
in writing its inability to pay its debts generally as they become due, (c) make a general
assignment for the benefit of creditors, (d) be adjudicated a bankrupt or insolvent or (e)
commence a voluntary case under the Federal bankruptcy laws of the United States of
America or file a voluntary petition that is not withdrawn within ten (10) calendar days
after the filing thereof or an answer seeking an arrangement with creditors or an order for
relief or seeking to take advantage of any insolvency law or file an answer admitting the
material allegations of a petition filed against it in any bankruptcy or insolvency
proceeding;
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F.41geM s\Agc Anachme=NSeMa Anachmmo�A 20M345-10 MCC CDe ]Wmem Ag mcm-Fir ,A
(5) If without the application, approval or consent of the Consultant, a
proceeding shall be instituted in any court of competent jurisdiction, under any law
relating to bankruptcy, in respect of the Consultant or any constituent member or partner,
or majority shareholder, of the Consultant, for an order for relief or an adjudication in
bankruptcy, a composition or arrangement with creditors, a readjustment of debts, the
appointment of a trustee, receiver, liquidator or custodian or the like of the Consultant or
of all or any substantial part of the Consultant's assets, or other like relief in respect
thereof under any bankruptcy or insolvency law, and, if such proceeding is being
contested by the Consultant, in good faith, the same shall (a) result in the entry of an
order for relief or any such adjudication or appointment, or (b) continue undismissed, or
pending and unstayed,for any period of ninety(90)consecutive calendar days;
(6) Voluntary cessation of the construction activities, active property
management, or marketing activities related to the Rehabilitated Home for a continuous
period of more than ten (10) calendar days or the involuntary cessation of the above
named activities in accordance with this Agreement for a continuous period of more than
thirty(30)calendar days;
(7) A mechanic's lien or any other type of encumbrance on AHS'
property resulting from the Consultant's failure to fulfill its financial or other contractual
obligations with respect to any of its vendors or subcontractors is not removed within ten
(10) calendar days after receipt of written notice of such default from AHS (or from any
party authorized by AHS to deliver such notice as identified by AHS in writing to the
Consultant).
B. AHS Remedies:
Upon the occurrence of an Event of Default hereunder, AHS may, in its sole
discretion,take any one or more of the following actions:
(1) Withhold any payment of fees or reimbursement of eligible
expenses to the Consultant unless and until the Event of Default (if curable) is cured or
this Agreement is terminated in accordance with Section 9 of this Agreement;
(2) Demand reimbursement from the Consultant for any payments
made to it by AHS for which the contracted work product was not satisfactorily delivered
by the Consultant;
(3) Confiscate any material or other work product purchased or
produced by the Consultant during the course of completing the Scope of Work indicated
in this Agreement;
(4) Take any and all actions and do any and all things which are
allowed, permitted or provided by law. in equity or by statute, in the sole discretion of
AHS, to enforce performance and obsec^ ance of any obligation, agreement or covenant
of the Consultant under this Agreerne t or under any other document executed in
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connection herewith;
(5) Upon the occurrence of an Event of Default which is occasioned
by the Consultant's failure under this Agreement to pay money, AHS may, but shall not
be obligated to, make such payment. If such payment is made by AHS, the Consultant
shall deposit with AHS, upon written demand therefore, such sum plus interest at the rate
of ten percent(10%) per annum with interest to be compounded annually. In either case,
the Event of Default with respect to which any such payment has been made by AHS
shall not be deemed cured until such repayment (as the case may be) has been made by
the Consultant;
(6) Upon the occurrence of an Event of Default described in Section
A.(4) or A.(5) hereof, AHS shall be entitled and empowered by intervention in such
proceedings or otherwise to file and prove a claim for any amount owing to AHS under
this Agreement and unpaid and, in the case of commencement of any judicial
proceedings, to file such proof of claim and other papers or documents as may be
necessary or advisable in the judgment of AHS and its counsel to protect the interests of
AHS and to collect and receive any monies or other property in satisfaction of its claim.
C. AHS Default and Consultant Remedies:
Upon fault or failure of AHS to meet any of its obligations under this Agreement
without curing such failure within thirty (30) calendar days after receipt of written notice
of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency,the Consultant may, as
its sole and exclusive remedies:
(1) Bring an action in equitable relief seeking the specific performance
by AHS of the terms and conditions of this Agreement or seeking to enjoin any act by
AHS which is prohibited hereunder; and/or
(2) Bring an action for declaratory relief seeking judicial
determination of the meaning of any provision of this Agreement. Without limiting the
generality of the foregoing, the Consultant shall in no event be entitled to, and hereby
waives, any right to seek indirect or consequential damages of any kind or nature from
the Consultant arising out of or in connection with this Agreement, and in connection
with such waiver the Consultant is familiar with and hereby waives the provisions of
Section 1542 of the California Civil Code which provides as follows: "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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EXHIBIT "K"
Affirmative Marketing Requirements
In accordance with the California Fair Employment and Housing Act,the Consultant acting
as agent for AHS, the owner and seller of the Rehabilitated Home, in marketing the sale of
the Rehabilitated Home, must adhere to the following affirmative marketing guidelines in
order to create awareness for the general public and certain community groups as to the
availability of residential properties designated for lower- and/or moderate-income
households.
1. Provide an affirmative marketing plan and procedures for the sale of the Rehabilitated
Home. Procedures to be used must identify how persons in the housing market area
who are not likely to apply for the housing without special outreach shall be informed
and made aware of available affordable housing opportunities.
2. The Consultant's Affmnative Marketing Plan shall consist of a written marketing
strategy designed to provide information and to attract eligible persons in the housing
market area to the Rehabilitated Home without regard to race, color, national origin,
sex, religion, marital and familial status, disability, medical condition, sexual
orientation, or ancestry. It shall describe initial advertising, outreach (community
contacts) and other marketing activities, which will inform potential buyers of the
availability of the Rehabilitated Home. It shall also outline an outreach program which
includes special measures designed to attract those groups identified as least likely to
apply without special outreach efforts (because of existing neighborhood racial or
ethnic patterns, location of housing or other factors) and other efforts designed to attract
persons from the total eligible population.
3. Insert Equal Housing Opportunity logotype, statement or slogan on all written
outreach tools (i.e., signs, advertisements, brochures, direct mail solicitations, press
releases, etc.)
4. In addition to the above, the Affirmative Fair Housing Marketing Plan shall outline:
a. Commercial Media to be used (i.e., community newspapers and non-English
language newspapers, radio, television, billboards, religious or local real estate
publications, etc.).
b. Marketing efforts to be used (i.e, brochures, letters, handouts, direct mail,
signs, etc.)
c. Community contacts to supplement formal communications media for the
purpose of soliciting those groups least likely to purchase the available housing
without special outreach efforts. They should be individuals or organizations
(i.e., service agencies, community organizations, places of worship, etc.) that
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have direct and frequent contact with those identified as least likely to apply.
The contacts should also be chosen on the basis of their positions of influence
within the general community and the particular target group. AHS and its
designees must agree to establish and maintain contact with the identified
contacts.
5. The Consultant shall maintain records of all prospective homebuyer applicants,
including their race, ethnicity and gender, reasons for denial of application, placement
on a waiting list,etc.
6. The Consultant shall also provide for the selection of applicants from a written
waiting list in the chronological order of their application, insofar as is practicable,
and provide prompt written notification to any rejected applicants of the grounds for
any rejection.
7. The Consultant shall apply for first trust deed financing to be applied towards the
purchase of the Rehabilitated Home from a lender listed on the Agency's or AHS'
Approved Lender List.
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EXHIBIT "Lee
Building Requirements
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ou,ll T11drumu
ECONOMIC DEVELOPMENT AGENCY
Neighborhood Stabilization Program
"Minimum Building Standards"
June 2009
Table of Contents
1000—General Requirements...................................................................................................................... 1
1010—General............................................................................................................................................ 1
1020-Terminology....................................................................................................................................l
1030-General Quality Requirements..................................................................................................... 1
1040-Substitutions/Alternatives............................................................................................................2
1050-Optional Green Building Practices..............................................................................................3
1100-Temporary Facilities and Temporary Controls..............................................................................3
1110—Site Usage......................................................................................................................................3
1200 -Project Closeout.................................................................................................................................4
1210—Final Cleaning................................................................................................................................4
1220—Operations Manuals and Warranties..........................................................................................5
1230—Systems Startup............................................................................................................................5
2000-Building Sitework/Site Preparat ion................................................................................................ 5
2010-Site Clearing and Demolition........................................................................................................ 5
2020 -Site Earthwork................................................................................................................................5
2040—Site Hazardous Waste Remediation...........................................................................................6
2100-Site Improvements.............................................................................................................................6
2110—Roadways, Driveways, and Walkways.......................................................................................6
2150—Fencing...........................................................................................................................................7
2150-Landscaping...................................................................................................................................8
2200 Site Civil/Site Utilities.........................................................................................................................e
2210-Utilities.............................................................................................................................................8
3100-Selective Demolition..........................................................................................................................8
3110-Building Elements Demolition......................................................................................................8
3120-Hazardous Components Abatement..........................................................................................10
4000 -Foundations.......................................................................................................................................10
4010-Standard Foundat ions..................................................................................................................10
4030-Slabs on Grade..............................................................................................................................11
5000-Superstructure...................................................................................................................................11
5010—Framing I Wood ............................................................................................................................11
5100-Exterior Enclosure............................................................................................................................12
5110-Exterior Walls.................................................................................................................................12
5111-Stucco/Plaster.........................................................................................................................12
5112-Exterior Insulation....................................................................................................................12
5113-Caulking and Joint Sealants...................................................................................................13
6120-Exterior Windows..........................................................................................................................13
5130-Exterior Doom/Garage Doors....................................................................................................14
6140-Flashing...........................................................................................................................................16
5200-Rooflng..............................................................................................................................................16
5210-Roof Coverings..............................................................................................................................16
5220-Gutters and Downspouts............................................................................................................16
6000-Interior Construction........................................................................................................................17
6010-Partitions/Callings......................................................................................................................17
6011-Interior Insulation.....................................................................................................................17
6012-Drywall........................................................................................................................................17
6020-Interior Doom.................................................................................................................................18
7000-Finishes...............................................................................................................................................16
7010-Ceramic Tile..................................................................................................................................18
7020-Floor Finishes................................................................................................................................19
7030-Ceiling Finishes.............................................................................................................................20
7040-Painting...........................................................................................................................................20
8100-Furnishings.......................................................................................................................................24
8110-Carpentry,Cabinets,and Millwork.............................................................................................24
9000-Plumbing,Mechanical,Electrical...................................................................................................25
9010-Plumbing Fixtures.........................................................................................................................25
9020-Domestic Water Distribution.......................................................................................................26
9030-Sanitary Wast e...............................................................................................................................26
9100-Heating,Ventilating,and Air Conditioning(HVAC)......................................................................27
9110-Heating and Ventilating...............................................................................................................27
9200-Fire Protection Systems..................................................................................................................28
9210-Fire Protection Specialties..........................................................................................................28
9300-Electrical Systems.............................................................................................................................28
9310-Electrical Service and Distribution.............................................................................................26
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 1 of 28
1000 — General Requirements
1010 — General
.1. These Minimum Building Standards (Standards) have been developed by the City of
San Bernardino Economic Development Agency (EDA) for use on the Neighborhood
Stabilization Program (NSP).
.2. These Standards shall apply to all properties covered by the NSP.
.3. All materials, supplies, costs of permits, and labor to complete the specified
rehabilitation or repairs, shall be the responsibility of the Builder/Developer unless
specified otherwise by the EDA.
.4. Any drawings or sketches which may be furnished by the EDA or required by the
Builder/Developer are intended to clarify or further describe the propert. Should the
Builder/Developer find discrepancies in, or omissions from, these drawings or sketches
or should he/she be in doubt as to their meaning, they should contact the EDA for
clarification. Because of the nature of work being done, some details of sketches or
drawings may be"typical" and grades, dimensions and exact existing conditions must
be verified at the property before commencing work.
.5. Any additional work that EDA want the Builder/Developer to do should be done after
completion of the Rehabilitation work, if at all possible. A separate contract will be
signed between the EDA and Builder/Developer before the work is to start.
1020 -Terminology
.1. When used in these Standards, the following definitions shall apply:
A. Install -The item referred to shall be installed with all necessary hardware, trim,
fittings, and material necessary to make ready for use. All material shall be new.
B. Replace -The existing item referred to shall be removed prior to installation of
the new item.
C. Trim -When used in conjunction with painting, includes roof vents and pipes,
eaves, molding, casing, underside of all doors, and any items other than walls
and ceilings.
D. Rehabilitation -All repairs to or replacement of present elements of an existing
building, such as windows, stairs, flooring, or wiring; rearrangement of rooms by
the relocation of partitions or by the installation of new bathrooms and kitchens;
or the general replacement of the interior of a building. This may or may not
include changes to structural elements such as floor systems, columns or load
bearing interior or exterior walls.
1030 -General Quality Requirements
.1. In order to establish standards of quality, the Standards may refer to certain products
by name and/or catalog number. This procedure is not to be construed as eliminating
from competition other products of equal or better quality by other manufacturers, at
approximately a same cost.
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.2. All material and each part or detail of the work shall be subject at all times to
inspection by the EDA, and the Builder/Developer will hold to the true intent of the
Standards in regard to -quality of material, workmanship, and the diligent execution of
the contract.
.3. Materials installed shall be of such kind and quality to ensure that the dwelling will
provide acceptable durability, economy of maintenance and adequate resistance to
weather, moisture, corrosion and fire. The EDA may request evidence of a material's
compliance with the requirements of the structure's plans and specifications and these
Standards. Product labels are considered acceptable evidence.
A. The EDA may require that the Builder/Developer carry out a durability evaluation
or conduct a building assessment to determine if the materials to be used comply
with any green strategies
.4. All work shall be executed by skilled craftsman, experienced in their trade, and in
accordance with accepted practices of their trade. All work shall be of the highest
standards and methods.
.5. Unless specifically noted otherwise, all construction methods and materials used shall
conform to the California Building Code as adopted by the City of San Bernardino and
shall be done in accordance with any other ordinances passed and adopted by the
City of San Bernardino (i.e., zoning codes, fire codes, etc.). This includes all repairs,
finishes, fixtures, and new work.
.6. All plumbing and gas work shall be done in accordance with the Uniform Plumbing
Code as adopted by the City of San Bernardino.
.7. All heating and cooling work shall be done in accordance with the Uniform Mechanical
Code as adopted by the City of San Bernardino.
.8. All electrical work shall be done in accordance with the national Electric Code as
adopted by the City of San Bernardino.
.9. Where work involves colors, the Builder/Developer will provide the EDA with samples
of all colors for the particular item (roofing, stucco, paint, stain, flooring, etc.), and the
EDA will select the color and finish by initialing the color sample and state for
what/where it will be used (exterior, interior, fascia, soffit, trim, doors, ceiling,walls,
etc.). A maximum of three colors each may be selected for exterior and interior.
.10. If the EDA has agreed to correct certain specified existing code violations,which are to
be excluded from the work done by the Builder/Developer, the work on such violations,
if done at the same time the Builder/Developer is on the job, shall be coordinated by
the EDA and Builder/Developer so as to provide for a smooth flow of the work.
1040 -Substitutions/Alternatives
.1. The Builder/Developer shall furnish a list of any proposed desired substitutions prior to
the signing of the contract.
.2. These standards are intended to encourage the use of new or innovative technologies,
methods and materials. Alternatives and non-conventional or innovative methods and
materials shall be equivalent to these standards in the areas of quality, durability,
economy of maintenance, operation and usability.
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.3. Certain conditions in the geographic area or on the site may justify modification of
specific standards, or make compliance with the standards impracticable or
impossible. In these cases, approval by the EDA is required.
1050- Optional Green Building Practices
1. Builder/Developers are encouraged to incorporate any green building practice that
offers an opportunity to create environmentally sound and resource-efficient buildings.
.2. In an effort to encourage modem, green building, and energy-efficiency improvements,
BuildedDevelopers are encouraged to incorporate HUD's healthy homes interventions
including these seven steps ensuring housing is made and kept.,
A. Dry. Ensure proper drainage away from housing; clean repair gutters and
downspouts, repair leaks seal roofs and windows.
B. Safe: Install safety devices on doors, cabinets, window blinds and outlets;
provide adequate storage for all poisonous items out of reach of children and
labeled in the proper containers;install smoke detectors and carbon monoxide
detectors; have appropriate fire extinguishers available.
C. Well-ventilated Service and maintain heating and cooling systems;provide
exhaust fans for kitchens, bathroom and dryers to the outside to reduce mold,
change furnace filters.
D. Past-free: Provide proper storage and disposal for food products, caulk and seal
holes; use least toxic pest management methods.
E. Contaminant-free: Remove lead based paint hazards properly,provide test kits
for radon, reduce volatile organic compounds in paint, carpet, etc.,
F. Clean. Install dust walk-off systems in entry ways;provide smooth, cleanable
surfaces,provide effective storage space and containers;choose flooring that is
easy to clean.
G. Well-maintained.' Important maintenance calendar for inspecting, cleaning,
repairing, replacing housing components/systems.
.3. Throughout these Standards, the EDA has inserted opportunities in which green
building practices can be achieved.
1100 -Temporary Facilities and Temporary Controls
1110— Site Usage
.1. All temporary facilities and controls required for the project shall be provided by the
Builder/Developer.
.2. The Builder/Developer will provide daily clean-up of all debris related to the work of the
project as required. Provide a dumpster on site for the duration of construction for
disposal of construction debris. All work area(s) shall be left broom clean at the end of
each work day.
.3. Immediately, at the end of the work, the Builder/Developer shall remove all of their
debris, rubbish, refuse, and unused material from the property and street.
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.4. The Builder/Developer will provide all temporary 6-foot high chain link safety and
security fencing for construction operations required for the work of this project.
Fencing shall conform to the following specifications:
A. 6-foot high chain link fence with 80% or greater green or black wind
screen/mesh.
B. Mesh shall be attached with hog rings.
C. Includes man and vehicle gates where required.
D. Gateposts shall be of size to accommodate the size of opening and its intended
purpose.
E. All gateposts shall be cored or driven into the ground.
F. Core holes shall be filled with concrete once temporary fence is removed. Slurry
seal all in A/C areas.
G. Fencing shall be set back beyond site work improvements.
.5. On-site materials pertaining to the project and partially completed roofs shall be
temporarily protected during inclement weather. It is the responsibility of the
Builder/Developer to maintain a watertight condition to prevent any water damage to
the building once the roof has been removed until it has been completely patched.
.6. The Builder/Developer shall provide temporary power as needed for the project.
7. Provide and maintain dust and erosion control throughout the duration of the work and
as required for the work of the project.
8. The Builder/Developer shall provide protection, acceptable to the EDA, for any existing
surfaces or equipment that have been selected to remain.
.9. GREEN OPPORTUNITY: Minimize the site disturbance during construction.
A. Control the impact area by designating vehicle parking farther from the site
B. Store building materials inside a garage or protected area.
C. Protect all existing trees with fencing to include the drip line in an effort to avoid
nve, compaction of the soil around the trees.
1200 - Project Closeout
1210 — Final Cleaning
.1. Prior to the final inspection, the Builder/Developer will provide final clean-up of the
building and property.
.2. Remove all plaster and paint smears and drops; clean all windows, screens, doors,
finished hardware and plumbing fixtures; polish all chrome, clean and polish all
countertops and floor covering; throughout entire house -new and/or old. Provide
cleaning of all exterior surfaces including walls, windows, landscape areas, driveways,
and walkways.
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1220 — Operations Manuals and Warranties
.1. The Builder/Developer will obtain and fill in all necessary information on all warranties
where applicable, for manufactured products, materials and/or labor used in
connection with the project. He/she shall deliver the original warranties to the EDA
where appropriate copies will be made and the original will be delivered to the EDA
upon completion of the work. Any sections that need to be sent to the manufacturer to
validate the warranty,will be mailed as soon as possible.
2. GREEN OPPORTUNITY: Provide operation and maintenance manuals, and perform
training of users to properly instruct them on the green features of the property and
how to maintain them.
1230—Systems Startup
.1. Prior to turnover of building, Builder/Developer will conduct testing and startup of all
equipment new and/or old for verification of functionality.
.2. Builder/Developer will ensure that all equipment components (such as filters, bulbs,
batteries) are replaced prior to turn over.
2000 - Building Sitework 1 Site Preparation
2010 - Site Clearing and Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect all existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
.3. Remove trees and plant materials, with EDA's approval, from areas to be cleared.
.4. Maintain protection of trees and plant materials which are to remain until completion of
work.
.5. Debris shall not be allowed to accumulate.
.6. Remove all unsightly trash and dangerous material (wood, metal, etc.).
2020 -Site Earthwork
.1. Placing of footings and foundations on earth fill will not be permitted. Fill excess cuts
under footings and foundations with concrete, and under slabs with tamped gravel.
.2. Excavations for footings shall be neat and accurately cut trenches to depths and
grades shown on drawings/plans. In the absence of drawings/plans, code
requirements shall govern.
.3. All grading around any structures shall have high spots lowered and low spots raised
to a minimum of 6" below top of floor slab; a minimum of 2' out with a slight slope from
structure.
.4. Site grading shall accomplish the following:
A. Allow drainage of surface water away from buildings and off-site.
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B. Minimize earth settlement problems.
C. Avoid concentrating runoff onto neighboring properties where erosion or other
damage would be caused.
D. Minimize erosion.
E. Minimize potential earth movement problems which might adversely affect
completed construction.
5. GREEN OPPORTUNITY. Grades around structures shall maintain at least a 5% slope
away from the found':?Nn"'
2040—Site Hazardous Waste Remediation
.1. The property shall be free of hazards which may adversely affect the health and safety
of the occupants or the structural soundness of the improvements or which may impair
the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or muciflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
2100 - Site Improvements
2110— Roadways, Driveways, and Walkways
.1. Surfaces and base courses for roads, streets, parking areas and walks shall be
durable materials. Their construction shall be in conformance with generally accepted
local design practices.
.2. Slabs for roadways, driveways, and walkways shall be designed and constructed in
accordance with standards set forth by the American Concrete Institute, and as may
be necessary to prevent slab damage due to potential soil movements.
.3. Provide for repairs and/or repairs of existing surfaces to match existing.
.4. These surfaces shall be installed with provisions for drainage. Adequate surface and
underground drainage systems shall serve all paving and improvements so as to
ensure continuing stable soil support for these improvements.
.5. Minimum width for driveways shall be 10', and sidewalks 3', if installed new; or if
replaced, to match existing if wider than 10'.
.6. All exterior concrete surfaces shall be a light broom finish with expansion joints
approximately every 12' (fiber material), with slope for drainage away from structure
and property.
.7. All flatwork expansion joints shall be filled with clear silicone sealant.
.8. Where soil and/or concrete for porches, steps and other work is in contact with
members, galvanized metal flashing, or solid sheathing and 15 lb. felt shall be
installed, or wrap and scratch coat applied.
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9. GREEN OPPORTUNITY. Limit water runoff and maximize infiltration by avoiding
impervious surfaces and installing permeable drainage areas between sidewalks,
driveways, walkways, patios, and pathways.
A. Open matrix concrete grid pavers.
B. Specialized honeycomb substrates for gravel or turf.
C- Pervious mixes of concrete or asphalt.
2150— Fencing
.1. Check all boundaries to ensure property lines are observed, and City Ordinances are
not violated (front yard, side yard, and back yard maximum heights).
.2. All post setting holes shall not be less than 24"deep and 6"diameter, at a maximum of
10' intervals. When adjacent to a foundation (walls), offset hole to obtain 24" depth,
and fill in any space larger than 2" between wall and post.
.3. Entrance walk gate shall be a minimum of 3'wide, and driveway gates a minimum of
12'wide; including all gate hinges and. padlock latch attachments.
.4. Wrought Iron
A. Posts to be 2"x2"x.090 (16 gauge).
B. Top and bottom rails to be 1 Y:"x 1 ''%" (16 gauge).
C. Pickets to be%"x%"(16 gauge), 4"on center.
.5. Chain Link
A. All galvanized material.
B. 2-3/8" O.D. end, corner, and gate posts.
C. 1-5/8" O.D. line and corner diagonal posts.
D. 1-3/8"O.D. top rail, with bottom tension wire.
E. 11 gauge-2" mesh; to include all bands and wire ties.
.6. Wood Fence
A. All posts will be of galvanized material (unless otherwise specified).
B. 2-3/8"O.D. end, corner, and gate posts.
C. 1-5/8"O.D. line and comer diagonal posts.
D. Two 2 x 4 horizontal support rails.
E. Fencing as specified (redwood or cedar- minimum#2, two nails per rail).
.7. Block Wall
A. Shall be in accordance with the City of San Bernardino drawing on Garden &
Retaining Wall Standards available from the Building &Safety Department.
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2150 - Landscaping
.1. All trees and shrubbery identified to remain shall be trimmed. Trim to property line and
a minimum of 4' above roofing or structure; removing all debris.
.2. All trees and shrubs identified to be removed shall be cut to surface. Remove stump
and roots a minimum of B" below surface; removing all debris, and fill in hole with soil.
.3. Natural site assets such as existing trees, shrubs, ground cover, must be preserved,
maintained, and protected whenever possible.
.4. Any existing assets lost due to the construction efforts and/or lack of protection will be
replaced with like kind and size at the Builder/Developer's expense.
.5. GREEN OPPORTUNITY. Create environmentally hiendly lawns and landscaping by.
A. Cover play areas with wood shavings.
B. Limit the amount of lawn space by installing naturalized plantings.
C. Provide alternative water sources.
D. Plant drought-tolerant landscapes
E. Plant shade trees in an effort to reduce the cooling loads required in the house.
F. Consider planting edible plants.
G. Use water-conserving irrigation equipment where landscape irrigation is required.
i, Drip Irrigation.
ii. Advanced irrigation controls like rain sensors.
2200 Site Civil f Site Utilities
2210 - Utilities
.1. Underground piping and related items shall be protected from corrosion. Underground
mechanical and electrical systems shall be protectively coated to minimize corrosion
where soil conditions warrant. Where applicable, sacrificial anodes may be used.
.2. Sacrificial anodes may be used where soil resistivity does not exceed 15,000 ohm -
centimeters. Otherwise, an impressed current system of corrosion prevention shall be
used.
.3. Utilities and other facilities shall be independent for the property,without dependence
upon other properties.
3100 -Selective Demolition
3110 - Building Elements Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect existing materials and apparatu from damage,
and shall repair damage caused by workers at no cost to the EDA.
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.3. Debris shall not be allowed to accumulate.
.4. The Builder/Developer shall remove all flooring finishes identified to be removed or
replaced. Including abatement of any materials designated as containing asbestos.
.5. Provide all roofing membrane removal as required for the removal of existing and
installation of new roof, equipment, and connections.
.6. The Builder/Developer shall provide shoring of all existing beams/structures being
modified prior to removing existing bearing walls.
.7. Remove all interior and exterior doors and/or frames that are identified for removal.
This activity shall be coordinated with the EDA in an effort to not leave any openings
un-lockable.
.8. Remove all window stops/putty, glass, glazing, and frames as required. Provide
demolition of existing sliding glass doors scheduled to be replaced.
.9. The Builder/Developer shall remove all structural and non-structural wood stud
/gypsum sheathing or wood stud / plaster partition walls, wing walls or portion of walls
determined to be removed.
A. All appurtenances identified to be removed / demolished on walls scheduled to
be removed/demolished shall be removed and disposed of by the
Builder/Developer.
B. Appurtenances identified to remain, shall be removed and re-installed by the
Builder/Developer.
.10. Any specific cutting and patching of drywall needed to install conduit or piping shall be
done by the Builder/Developer.
11. The Builder/Developer shall remove all wall surface material or portions thereof from
interior and exterior walls for new framed openings such as but not limited to doors,
windows, recessed electrical panels, louvers, HVAC grills and ducts, backing, etc.
.12. The Builder/Developer shall provide removal of all existing spayed on acoustical
(popcorn) ceiling texture. Provide for asbestos abatement as necessary.
.13. The Builder/Developer shall remove existing casework and countertops, backing,
anchors, bases, shims, backsplash, etc. identified to be demolished and disposed of.
.14. Doors and windows must be able to be locked at the end of each day, or provide a
temporary secure panel (approved by the EDA) closing the opening at no additional
cost to the EDA. This also includes providing a temporary secure panel at all wall,
door or window openings scheduled to be removed.
.15. Removal of Ceramic tile shall include removal and replacement of wall substrate and
any existing mortar bed.
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3120 - Hazardous Components Abatement
.1. The property shall be free of those hazards which may adversely affect the health and
safety of the occupants or the structural soundness of the improvements or which may
impair the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or muciflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
.2. The Builder/Developer shall provide all labor, material and equipment required to
complete the work related to the Hazardous Materials Abatement as required.
A. Provide all labor, material and equipment required to abate and legally dispose of
off-site all Asbestos Containing Materials (ACM) and Lead Containing Materials
including but not limited to pipe fitting insulation (elbows/ends), roof mastic,
flooring, flexible joints, doors, door frames, plaster walls, sinks, ceramic tile, etc.
B. Provide for the proper removal and disposal of PCB Ballasts and Fluorescent
Light Tubes:
i. It is assumed that all ballasts not labeled "No PCBs" are considered to
contain PCBs and therefore must be treated as hazardous waste. The
Builder/Developer shall disconnect the ballasts (those not labeled "No
PCB's")from the fixtures and is responsible for proper disposal/recycling-
ii. Mercury is present in fluorescent light tubes, which may be present
throughout the project areas. Mercury is considered a hazardous waste
and will be disposed of properly by the Builder/Developer.
4000 - Foundations
4010 -Standard Foundations
.1. Includes excavation, backfill, compaction, and installation of all foundations.
.2. Concrete materials for foundations shall be in accordance with City of San Bernardino
standards and shall be approved by the EDA prior to placement.
.3. Includes all formwork and accessories for all cast-in place concrete and cement
concrete pavement with shoring, bracing and anchorage, form accessories, form
stripping, and proper layout, location. Provide proper temporary support/shoring (as
required and/or needed).
.4. Furnish and install all reinforcing steel bars, welded steel wire fabric, fabricated steel
bar, slip dowels, or rod mats for all on-site cast-in-place concrete and cement concrete
pavement. Provide and install all necessary accessories as indicated.
.5. All vertical reinforcing steel protection shall be installed in accordance with CAL OSHA
codes and regulations. Maintain said protection throughout the duration of
reinforcement installation and until enclosed by finish material.
.6. When replacing existing concrete with new, the new concrete shall have at least the
same reinforcement as the existing.
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7. GREEN OPPORTUNITY. Provide foundation water management system.
8. GREEN OPPORTUNITY. Use concrete that contains a percentage of fly ash in place
of portland cement.
4030 - Slabs on Grade
.1. Concrete mixture shall be made of a 1-2-3 mix with plastic cement, sand, and 3/4"
rock. Ready mix will be a 5 sack. Minimum 2500 psi.
.2. Slabs shall be constructed in accordance with ACI 302.1 R-80, Guide for Concrete
Floor and Slab Construction, and as may be necessary to prevent slab damage due to
potential soil movements.
.3. Vapor retarders and base course shall be provided for all interior concrete slabs to
which a finish flooring is applied.
A. Acceptable base course materials are gravel, slag, crushed rock, sand, cinders
and certain types of earth when approved by the local EDA. See ASTM C-33-90,
Table 2.
B. Base course material shall be clean, washed and free from deleterious
substances, consistent with ASTM C-33, with 100% of the material passing a 1"
sieve and less than 2% passing a#4 sieve.
.1. All concrete slabs shall be a minimum of 3 '/d'thick(additions, garages, driveways,
sidewalks).
.2. All interior surfaces shall be troweled smooth.
.3. Includes excavation, backfill, compaction, and installation of all slabs. Completely
furnish and install all concrete accessories, colors, finishes, forming, admixtures,
reinforcement joint sealers, and curing compounds in accordance with the
Specifications.
5000 -Superstructure
5010— Framing f Wood
.1. Framing and wood construction shall be in accordance with the latest edition of the
National Design Specification for Wood Construction.
.2. A chemical barrier must be provided for structures built in those areas where termites
are determined by the EDA to be a hazard. A physical barrier will also satisfy this
requirement where the hazard is presented by subterranean termites only.
.3. Where required by the EDA Field Office, protection against damage by decay shall be
provided.
.4. GREEN OPPORTUNITY Keep all untreated wood at least 12 inches above soil in lieu
of the code required 8 inches
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5100 - Exterior Enclosure
5110 - Exterior Walls
5111 —Stucco/ Plaster
.1. The Builder/Developer shall investigate the condition of studs and ceiling joist to be
sure framing members comply with appropriate code.
.2. Install or reset all electrical boxes to new surface level.
.3. Exterior angles shall be protected with woven or welded wire fabric of equivalent
strength, or corner bead.
.4. A surface inspection is required after sandblasting and before re-stuccoing by the
EDA.
.5. Application:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days. (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and derby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than %" in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat. (Example: complete brown coat on Tues., color
coat not to start until following Wed.).
D. Finish (color) coats: Portland Cement and Lime Finish Coats-Apply over base
coats which have set and surface-dry; lay on well, double back and fill out to a
true, even surface. Thickness shall be 1/16"to 1/8", then texture as specified.
E. When structure is to have lath/wrap and stucco over existing siding,the
Builder/Developer is to remove door and window casing; trim out with metal
edging or stucco molding, and seal.
F. Exterior lath/wrap to be applied as per California Building Code.
G. Stucco Color Coat: La Habra, Bauer, or equal.
5112— Exterior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, USG; or equal.
B. Proper sound insulation shall be used at all walls.
C. GREEN OPPORTUNITY: Use cellulose insulation.
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.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building & Safety Division of the City of San Bernardino.
.4. Attics:
A. If all exterior walls of house are not insulated, bring to R-38 rating (12").
B. If all exterior walls are insulated and/or new addition, insulate to R-30 rating (9").
C GREEN OPPORTUNITY. All attic spaces are to receive insulation.
.5. Walls:
A. All exposed exterior walls and new addition, insulated to R-11 rating (3 '/").
.6. Water Heater:
A. If it has access from outside or in garage, install R-6 rating insulation blanket and
wrap all exposed water lines with pipe insulation.
8 GREEN OPPORTUNITY: Provide insulation at all water heaters
5113—Caulking and Joint Sealants
.1. Materials used for caulking and sealants shall be suitable for the use intended, and
shall be compatible with the materials to which they are applied and with any finish that
may be applied over them.
5120 - Exterior Windows
.1. When required shall be made easily openable, replace sash cords and weights or
install spring loaded sash balances, as necessary.
.2. Windows and operating hardware shall be installed in accordance with the
recommendations of the manufacturer.
.3. When aluminum single hung or slider window(s) is required and the frames are not to
be taken out, use International Window Corporation, Keller, or equal (block frame), to
fit existing opening. Caulk window frame before installing, including necessary trim.
.4. When new aluminum slider or single hung window(s) installation is required, provide
header(s), trimmers, flashing, International Window Corporation, Keller, or equal
(standard frame).
.5. Operating windows shall be manufactured units consisting of the frame, sill, sash,
weather-stripping, and operating hardware. Job site assembled windows composed of
frames and sashes made by different manufacturers are not acceptable.
.6. Glazing:
A. When replacing glass, thickness shall be as recommended by the manufacturer
for the specific use.
B. All bathroom windows shall be glazed with obscure glass.
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C. Glass set in wood shall be secured in place with springs or glazing points and
face puttied, wood and putty to be primed and painted.
D. Glass set in metal shall be secured in place with glazing clips, back and face
puttied with appropriate material, metal and putty to be primed and painted.
E. All glass shall be cleaned, with no cracks or rattles (new installation only).
F. Re-putty shall mean to replace all damage, loose, and missing putty.
.7. Weather-stripping shall be properly fitted to eliminate excessive infiltration of dust,
snow, or rain.
.8. Screens:
A. Screens shall be installed on all openable windows.
B. When re-screening or new screens are required, they shall be aluminum frames,
aluminum screening; tight fitting and easily removed.
C. Nylon screens on newly installed windows and combination doors may be
acceptable, unless otherwise requested or stated.
.9. If a window of any kind must be installed into the wet area of the tub or snower
surround, it must:
A. Contain a sill made of material that is water impermeable , such as marble or
Corian, not tiled and grouted.
B. Have a sill that is pan-flashed or sealed.
C. Have frame made of moisture-tolerant material.
.10. GREEN OPPORTUNITY: Replace existing windows and provide new windows with a
high energy and low-e performance rating
.11. GREEN OPPORTUNITY Provide awnings, overhangs, or other shading devices on
exterior windows.
5130 - Exterior Doors /Garage Doors
.1. All exterior doors will be wood or metal finish (no hardboard). Primed/painted or
stained/varnished.
.2. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and lock securely.
.3. Doors shall fit opening and operate properly.
.4. All new door installation shall include new hinges and all necessary trim.
.5. Entry Doors:
A. Exterior entry doors shall be side-hinged doors not less than 3 ft. in width and 6
ft. 8 in. in height.
B. 1 3/4"solid core- Birch, Mahogany, Luan; unless existing jamb takes 1 3/8" door.
C. 3 each -4"x 4" butt hinges, unless existing jamb takes 1 3/8" door, then 3-3'/l"x
3 'F" butt hinges.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 15 of 28
D. Exterior door frames shall be treated against decay.
E. Locks - Kwikset, Schlage, or equal.
.6. Garage Doors:
A. Steel frame construction.
B. Installing new garage hardware or replacement hardware shall comply with the
following safety notice:
... FOR YOUR SAFETY ...
California State Assembly#772 directed the Commission of Housing and
Community Development to change the appropriate rules and regulations in
ways that, "ARE REASONABLY NECESSARY TO PREVENT THE DEATH OR
INJURY OF PERSONS OR DAMAGE RESULTING FROM THE BREAKING OF
GARAGE DOORS SPRINGS". (quoted from Assembly Bill#772)
.7. Weather-stripping shall be applied to all exterior doors and interior garage door.
.8. Weather-stripping shall be aluminum and vinyl. Install after surfaces are finished and
dry.
.9. Thresholds and door shoes shall be installed at all exterior doors and interior garage
doors and shall be aluminum thresholds, and aluminum/vinyl with drip cap door shoes
(channel type), sealed to be watertight.
.10. Exterior jambs will be rabbet type (fit wall thickness) and to include new wood (pine)
casing material. Replace stucco molding only if required.
.11. A safety door check shall be provided on all outward opening doors, including storm
and screen doors.
.12. Locking devices at doors and windows shall be as follows:
A. Each exterior doorway and each doorway leading to garage areas, terraces,
balconies, or other areas affording easy access to the premises shall be
protected by a door which, if not a sliding door, shall be equipped with a deadlock
using either an interlocking vertical bolt and striker, a minimum of 1.2 in. throw
dead bolt or a minimum 1/2 in. throw self-locking dead latch. Locks shall not
require the use of a key for operation from the inside.
B. All sliding doors, first floor and basement windows and windows opening onto
stairways, fire escapes, porches, terraces, balconies or other areas affording
easy access to the premises shall be equipped with a locking device. A sliding
door used as a main or service entrance shall be equipped with a keyed locking
device.
.13. Screens shall be aluminum/satin finish with latch set and pneumatic closure or equal.
.14. Security Screen—Jamb/frame will be 1' 1/4"x 1' 1/4" (18 gauge)with 3/4 x 3/4"center
framing (18 gauge) and heavy gauge metal screening. Combination (Bel-Aire) -Solid
core (no panels). 1 3/8"door, 3 - 3%"x 3 Y2" butt hinges; 1 %" Locks- Kwikset,
Schlage, or equal.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 16 of 26
5140- Flashing
.1. Flashing shall have a service life at least equal to that of the assemblies into which it is
built.
.2. Counter flashing is considered exposed flashing and shall be constructed of sheet
metal.
.3. Alternate products or systems of bitumen-impregnated plastic or elastomeric materials
may be used for flashing if they are installed in accordance with the manufacturer's
recommendations and are acceptable to the EDA.
.4. All openings between wood or metal and masonry shall be caulked with a non-
hardening caulking compound.
5200— Roofing
5210 - Roof Coverings
.1. Strip- Means to remove "all" roofing material to sheathing, with inspection of sheathing
prior to installation of new roofing.
.2. The Builder/Developer shall guarantee the owner to maintain the entire roofing, and
counterflashing in a watertight condition for a period of fifteen years.
.3. Shingles—
A. Shall be fiberglass of 151b. felt.
B. New metal 1 '/2" drip edge and roof jacks (form over shingles, seal around all
pipes).
.4. Built- Up/ Roll Roofing Cap
A. Roll roofing cap to be a minimum of 90 lb. roofing paper and must bear a class
"C" UL listing.
B. One 90 lb. cap sheet to be installed over two layers of 15 lb. felt paper, saturated
with at least 20 lb. of hot mopped tar, between layers.
C. All base sheets to be well nailed with approved galvanized nails providing a
minimum 3/4" penetration into a firm solid sheathed surface.
D. New metal 1/2"drip edge and roof jacks.
.5. GREEN OPPORTUNITY. Provide reflective (high-albedo) roofing systems with an
Energy Star rating.
5220—Gutters and Downspouts
.1. Gutters and downspouts shall be provided at all projects.
.2. Gutters and downspouts- Shall be a minimum of 26 gauge galvanized metal, or vinyl
material.
.3. Gutters shall be sloped to downspout and supported a maximum of 3'apart.
.4. End caps, corner joints, splices, outlet tubes shall be soldered or have watertight
joints.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 17 of 28
.5. Downspouts shall be fastened at top, bottom, and approximately every 6', and directed
to drain away from the structure.
.6. Downspouts shall be sized on the basis of 100 square feet of roof surface to 1 square
inch of leader. More or less leader area may be required by the EDA.
.7. Scuppers shall be installed at the outfall end of a valley for special roof designs, such
as"butterfly" roofs.
.8. Scuppers shall be installed for overflow of all roofs enclosed by parapet walls.
9. GREEN OPPORTUNITY Provide a simple rain water harvesting system for use on
irrigation.
6000 -Interior Construction
6010 — Partitions I Ceilings
6011 — Interior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, or equal.
B. GREEN OPPORTUNITY Use cellulose insulation.
.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building &Safety Division of the City of San Bernardino.
6012 - Drywall
.1. When installation of drywall is specified, provide %" U.S. Gypsum wall board or equal,
unless otherwise specified.
2. GREEN OPPRTUNITY., Select drywall products with a high recycled content and use
taping materials and joint compound without hazardous additives that aid in drying and
setting.
.3. All joints and inside corners shall be taped; outside comers shall have corner bead
troweled with joint compound (a minimum of three coats, and smoothly sanded or
textured).
.4. If kitchen base cabinets, toilet or lavatory are removed, and the drywall is to be
replaced, it must be replaced with green board or equal.
.5. If tub surrounding drywall is to be replaced, it must be replaced with wonder (cement)
board.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 18 of 28
6. All wall surfaces to receive ceramic tile shall receive wonder (cement) board or plaster
in accordance with the following:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat:Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and derby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than %" in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat(Example: complete brown coat on Tues., color
coat not to start until following Wed.).
6020 - Interior Doors
.1. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and close securely.
.2. Doors shall fit opening and operate properly.
.3. All new door installation shall include new hinges and all necessary trim and hardware.
.4. Interior Hinged /Closet/Bathroom Doors:
A. Shall be side-hinged doors not less than 1 3/8"thick.
B. At least 2 each 3 '/2" x 3 Y" butt hinges.
C. Locks- Kwikset, Schlage, or equal.
.5. Shower Door/Tub Enclosure:
A. Shower Doors—MAAX, Kohler, or equal. Seal around frame and walls.
B. Tub Enclosure- MAAX, Kohler, or equal. Seal around frame and walls
.6. Door stops installed at all swinging doors shall be solid (no coil springs).
.7. Interior jambs will be flat type (fit wall thickness) and to include new wood (pine)
material stop molding and casing (both sides).
7000 - Finishes
7010—Ceramic Tile
.1. Install ceramic tile where identified.
.2. Ceramic tile to be American Olean, Dal-Tile, or equal.
3 GREEN OPPORTUNITY Use ceramic tile with high recycled content
.4. Submit a complete range of colors and types for the EW ,selection. One of each
color of type selected shall be retained by the EDA. All m a )rials placed in the building
shall match such samples.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 19 of 28
.5. Applications and installation of adhesive, primer, caulking compound, and prepared
grout when used, shall be as recommended by manufacturer of the tile and in
accordance with these standard specifications.
.6. Ceramic tile shall be applied over a water-proof surface only(cement or wonder
(cement) board).
.7. At showers,the top of step shall have slight slope into shower.
7020 - Floor Finishes
.1. The Builder/Developer shall provide all necessary floor preparation of existing surfaces
to properly receive new flooring material.
.2. Sub-flooring shall be a minimum thickness of 3/4" plywood or lx boards.
.3. Underlayment shall have a maximum thickness 3/8" industrial particle board.
.4. Install all flooring per manufacturer's recommendation.
.5. Existing floor covering to be removed prior to installation of new floor.
.6. Provide underlayment when sub-flooring is in such a condition to warrant replacement.
Bathroom, kitchen, and laundry underlayment to be of water resistant material.
.7. Surfaces to receive flooring shall be clean, dry, smooth, even, and without defects.
.8. At Bathrooms, the toilet and lavatory cabinet shall be removed before flooring installed.
Reinstall toilet and cabinets.
.9. Install new baseboard or shoe after installation of flooring. If cove is required, it shall
be formed integrally of matching sheet material. Adhesives shall be as recommended
by manufacturer.
.10. Coat all concrete floors on earth grade with concrete primer as recommended by
manufacturer.
.11. Leveling compound and crack filler-As manufactured by Aetna Manufacturing
Company for concrete floors or equal.
.12. Linoleum (sheet goods) - FHA base cushioned, Armstrong -Cambray or equal.
.13. Vinyl Tile-Armstrong - Stylistic or equal.
.14. Carpet-260z.
' A. Base, HUD/FHA bulletin UP-44c requirement.
B. Pad -5/8" rebond high plush, HUD bulletin UP-72 requirement.
.15. GREEN OPPORTUNITY: Provide greener carpeting such as:
A. Products made from natural materials;
B. Products that do not contain residues from dyes and finishes used in
manufacturing;
C. Products that do not have surface treatments to repel stains;
D. Products with documented low VOC ofigassing; a`
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 20 of 28
E. Products with high recycled content,
.16. Submit a complete range of colors and types for the EDA's selection.
7030 -Ceiling Finishes
.1. Ceilings shall be drywalled and painted. No sprayed on acoustical ceilings (popcorn)
will be allowed.
7040 - Painting
.1. Lead Content:
A. The definition states in part, ....... with respect to paint which is manufactured after
June 22, 1977, lead-based paint means any paint containing more than six one-
hundredths of one percent lead by weight(calculated as lead metal) in total non-
volatile content of the paint or the equivalent measure of lead in the dried film of
paint already applied".
B. All contractors and sub-contractors on rehabilitation activities will comply with the
Lead-Base Paint Regulation under 24 CFR Part 35, requiring:
i. The prohibition of the use of lead-based paint in the rehabilitation of
properties;
ii. The elimination of immediate lead-based paint hazards in residential
structures.
.2. All paint shall have low VOC levels.
.3. If exterior painting is required, caulk all exterior door and window frames to seal
completely. Remove all loose and deteriorated putty on windows and re-putty before
painting. When painting of exterior trim is specified, this shall include doors, windows,
all frames, eaves, soffits, porches and all appendages.
.4. If a paint to be used on exterior surfaces is not inherently mold resistant, a suitable
fungicide shall be included in the formulation.
.5. If repair of exterior surfaces is indicated, remove all broken and loose material by
raking out, scraping and sanding if necessary. Repair with proper material for area
being repaired, blending in with texture of area being repaired. Prime the repaired area
prior to painting.
.6. If interior painting is indicated, repair all cracks by W"scratch approximately 1/8"X
1/8" in walls and ceilings of all rooms being re-painted. Use proper type of patching
material for areas being repaired. Fill all cracks and holes solid and blend in repaired
areas with texture of surface being repaired. Prime cracked areas prior to painting.
When painting of walls and ceilings of a room is specified, this shall include all trim,
windows and door frames, closets, and cabinets(inside).
.7. All surfaces to be painted shall be free of dirt, dust, grease before painting is started.
All knots, pitch streaks, and sappy spots shall be first sealed with shellac or sealer
approved for use with materials as specified, before subsequent coats are applied.
Each coat shall be allowed to dry before subsequent coat is applied.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 21 of 28
.8. If it should become necessary, in order to give good coverage because of surface
condition of the paint color(s), it is the obligation of the Builder/Developer to apply
sufficient coats to obtain complete coverage.
.9. All new drywall shall be primed with one coat of Drywall Sealer/Primer before the
application of the finish coat, unless otherwise specified.
.10. Paint to be Dunn-Edwards, Glidden, Sinclair or equal. EDA to select color(s) and
finish.
.11. Paint for kitchen, service area, bathroom(s)to be a durable and washable gloss finish
(unless EDA requests a semi-gloss).
.12. Stain— Exteriorrinterior application (Minwax, Behr, or equal).
.13. Varnish - Exterior/interior application (Behr, Varathane Elite, or equal).
.14. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.15. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.16. Paint application shall consist of two coats on old material, and three coats on bear
wood or new material. The top and bottom edges of interior doors shall be sealed
(painted or varnished) with one coat, exterior doors with two coats.
.17. Application of paints, stains, or other coating systems shall be in strict accordance with
manufacturer's directions and shall comply with the following:
A. Exterior Wood Siding, Millwork and Trim
i. Knots, resinous wood, and nail holes shall be sealed with a prepared
sealer or aluminum paint prior to puttying and priming. Any nail holes or
cracks in surfaces to be painted shall be filled with putty.
ii. A prime coat shall be applied to all surfaces to be painted before or
immediately after installation. Primer shall be formulated specifically for
application to unfinished wood. Finish coats formulated to serve as
primers may be used.
iii. One of the following finish systems shall be applied. Coverage shall be
that which will provide at least the minimum thickness recommended by
the manufacturer.
a. Oil paint systems.
b. Latex paint systems.
c. Pigmented stains as per manufacturer's directions.
d. Clear penetrating preservatives or water repellent finishing
systems.
iv. The top and bottom of exterior wood doors, casement sash, awning sash
and the bottom of double hung sash shall receive two coats of paint or
sealer.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 22 of 28
V. Prior to erection, all edges of vertical siding shall be sealed with a heavy
coat of house paint primer,water repellent stain, exterior aluminum house
paint or sealer. Wood batten strips shall be backed-primed or sealed.
B. Wood Shingles, Shakes, Rough-sawn Siding.
L Two coats of oil stain, pigmented oil stain, or an oil shingle paint shall be
applied.
C. Hardboard and Softwood Plywood Siding.
I. These sidings shall be finished in accordance with the manufacturer's
direction.
D. Wood Porch Floors and Decks.
L One coat of primer and two coats of floor and deck enamel designed for
exterior use shall be applied. Joints between floor and wall shall be
caulked.
E. Unfinished Surfaces.
I. Shingles and board siding of vertical grain cedar, redwood and bald
cypress may be left unfinished.
F. Exterior Concrete Masonry Units or Concrete Brick
I. At least two coats of masonry paint shall be applied.
ii. Concrete masonry units or concrete brick, except small areas of
foundation walls, shall be painted to provide a water resistant finish.
iii. High density concrete brick or solid split block forming the outer face of
double unit walls(veneer, cavity walls, etc.) may be left unpainted when
acceptable to the EDA.
G. Exterior Galvanized Steel or Iron
L Field painting shall consist of two coats. One coat shall be a primer
formulated specifically for galvanized surfaces, and the second coat shall
be a finish coat. A finish coat formulated to serve as a primer may be
used as the first coat.
H. Exterior Steel, Iron or Terne Plate
ii. Steel or iron, except stainless steel, weathering steels, or steel treated
with coatings to provide corrosion resistance, shall be painted.
iii. A rust inhibitive primer and a finish coat shall be applied.
I. Interior Millwork and Trim
L All mill work and trim, including windows; interior doors; window, door and
base trim; paneling and closet shelving and trim shall be finished by
painting or natural finishing.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 23 of 28
ii. If the surface is open grain wood, it shall be filled or sealed to prevent the
grain from rising. Surfaces shall be treated with a primer. One or more
finish coats shall be applied to provide a smooth surface and good hiding.
iii. Natural finishes include stain-wax, stain followed by one or more coats of
varnish, clear coats of varnish with or without wiped paint undercoats or
oil and wax finishes.
J. Wood Floors
L If Flooring is open grain wood, one coat of filler shall be applied. All
excess shall be wiped off.
ii. Flooring shall be finished with:
a. One or two coats of penetrating sealer and one coat of wax; or
b. Two coats of varnish and one coat of wax; or
c. Two coats of polyurethane; or
d. One or more coats of factory-applied finish.
K. Interior Plaster and Gypsum -Walls and Ceilings
L Plaster surfaces may be painted, covered or left unfinished, except for
surfaces of kitchens and baths. If painted, a finished coat shall be applied
over a primer-sealer, unless finish coats are of the self-priming type.
ii. Gypsum wallboard shall be covered. If painted, one coat of wallboard
sealer shall be applied unless finish coats are of the self-sealing type.
Two finish coats shall be applied over the sealer. One finish coat, except
in kitchen and baths, may be acceptable if good coverage is obtained.
L. Interior Metal
L Non-ferrous metals or wrought iron may be painted or left unfinished.
Other metals shall be painted in accordance with 609-3.4.
M. Interior Concrete Floors
i. If painted, at least two coats of resin emulsion paint, a solvent rubber
paint or a Floor and deck enamel shall be applied. If oil paint is used, the
surface shall be neutralized before painting.
ii. A coat of wax shall be applied over paint, stain or an integral finish_
N. Wall Coverings
L Covering material shall be secured to a suitable base in accordance with
the manufacturer's directions.
ii. All rooms that have new wall covering installed will include molding, trim,
base, and painting (if required).
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 24 of 28
8100— Furnishings
8110 —Carpentry, Cabinets, and Millwork
.1. All manufactured factory finished cabinets shall comply with ANSI A161.1-86,
Recommended Minimum Construction and Performance for Kitchen and Vanity
Cabinets, or with an equivalent standard.
.2. Workmanship: All interior wood finish, cabinet and casework shall be smooth dressed,
well sanded, and thoroughly cleaned before priming. All material showing machinery,
sandpaper, or other defacing marks will be rejected. Interior wood finish or cabinet
work shall not be installed on newly plastered walls until the plaster in that section is
reasonable dry and approved by the EDA.
.3. All interior wood finish, doors, frames, and other cabinet work or fixed wood equipment
shall be properly installed, level plumb, and true. Members shall be neatly and
accurately scribe in place, maintaining full lengths without splicing, except where the
use of full lengths would be impractical or impossible, and then if joined, butt joints
shall be beveled. Replacement and installation of new trim or molding shall match
existing in size and profile or otherwise be reasonably appropriate upon finished
installation.
.4. All cabinets(kitchen base and wall, bathroom lavatory, etc.) shall be a minimum of
birch plywood construction (stain grade quality), shop fabricated casework, with all
necessary hardware. Shelving shall not be less than 3/4" pine, plywood, or particle
board. Kitchen base cabinets shall have a built-in bread board.
.5. All cabinets and trim shall be scribe to contacting surfaces and shall be straight, plumb
level and in true alignment, closely fitted, and rigidly fastened in place.
.6. Countertops:
A. Top material shall be phenolic laminate, vinyl plastic covering, ceramic tile,
stainless steel or other material suitable for its intended use.
B. The top material shall be securely bonded to a reinforced steel core, to 5/8 in.
plywood, or to any other equivalent material.
C. At least a 3 in. back and end splash shall be provided against all abutting vertical
surfaces which are not water and grease resistant. When a back splash is
omitted, the joints at the juncture of the counter top and vertical surfaces shall be
tight and sealed.
D. All edges, including the sink and any built-in surface units, shall have a non-
corrodible metal molding or other suitable edging.
E. High Pressured Laminated Plastic (Formica or equal)-Shall be constructed with
a bullnose front edge, minimum of a standard back splash where it abuts walls,
and full length of cabinets. If laminated plastic ends at wall, provide end splash
(material must be identical to counter top original color). Scribe and closely fitted
to adjacent work, and securely anchored to cabinets. Installation of sinks shall
have required mounting flange and sealed against leaking. No butcher block
unless otherwise requested or stated by the EDA.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 25 of 28
F. Ceramic Tile - Shall be applied over a plastic cement base secured to 3/4"
exterior plywood secured to the cabinets. Raise front edge, minimum of a
standard back splash, and sealed at edges of full length cabinets. (See Ceramic
Tile Specification).
G. GREEN OPPORTUNITY. Countertops shall be made of natural stone (granite),
tiles, or manufactured solid surfaces (Corian),
.7. Interior woodwork:
A. Trim (D.F.) "B or better".
B. Shelving - Particle board or#2 shelving.
9000—Plumbing, Mechanical, Electrical
9010 - Plumbing Fixtures
.1. All fixture installation is to include trap, vent, faucets, and all trim necessary to mount
fixture in an approved manner, and to include repair of damaged areas affected by the
installation. When kitchen or lavatory faucet is replaced, it will also include risers.
Replace all angle stops.
.2. Fixtures:
A. Water closets- Deep bowl (round or elongated per EDA request). American
Standard - Hydra; Eljer—Titan; Kohler; or equal. Handicap(17" high). Must be
rated at no more than 1.6 gallons per flush.
GREEN OPPORTUNITY Use of a high-efficiency toilet that uses less
than 1.6 gallons per flush is recommended.
B. Bathtubs - 5' pressed steel-American Standard; Kohler, or equal
C. Lavatories—American Standard, Kohler, or equal.
D. Kitchen Sinks-Single or double compartment enameled cast iron - Kohler or
equal; Single or double compartment stainless steel (7" depth, 20 gauge
minimum thickness) - Sterling or equal.
E. Garbage Disposal- Insinkerator—Badger 2, 1/2 HP (3 year warranty) or equal.
F. Laundry Sinks-American Shower& Bath, or equal.
G. Faucets
i. Lavatory- Delta, Peerless, Kohler, or equal.
ii. Tub/Shower Diverter- Price Pfister, Kohler, or equal.
iii. Shower- Price Pfister, Kohler, or equal.
iv. GREEN OPPORTUNITY: Provide low flow faucets and shower heads or
fit standard faucets with a Flow reducing aerator.
H. Bathtubs- 5' Lasco; Hess Co; or equal.
I. Tub Wall Kits- Plaskolite, Elite; Nova, Seville; or equal.
J. Shower- Lasco, or equal.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 26 of 28
K. WATER HEATERS:
L Shall be Reliance; Galaxie; Whirlpool; or equal, with an eight(8) year
warranty. Size shall be as required to service property.
ii. All shall have pressure/temperature relief valve with a drain line to the
outside; or if located on a concrete floor in center of house-
pressure/temperature relief valve and drain line shall be installed per
Building and Safety requirements.
iii. All units shall be secured to walls.
iv. All units shall be insulated.
V. GREEN OPPORTUNITY: Water heater should have a high-efficiency
rating.
9020 - Domestic Water Distribution
.1. Each dwelling shall be provided with a continuing and sufficient supply of safe water
under adequate pressure and of appropriate quality for all household uses, and one
that will not impair the functioning or durability of the plumbing system or attachments.
.2. Connection shall be made to a publicly owned or publicly controlled water supply
system that is adequate to serve the demands of the project.
.3. Provide all connections to risers or fixtures from top to mains so that the entire system
can be drained at low point.
.4. Provide hot water supply to all fixtures except water closets.
.5. Support piping from the building structure by means of hangers to maintain required
grading and pitching of lines and to prevent vibration.
.6. GREEN OPPORTUNITY: All hot water lines shall be insulated.
.7. GREEN OPPORTUNITY: Consider the use of PEX piping.
8. GREEN OPPORTUNITY Provide a single-throw shut-off valve at service to clothes
washing machines. If machine located above a livable space, provide a floor drain and
shower pan under the washing machine.
9030 -Sanitary Waste
.1. Roto Root(clean) all drain lines to street through clean-out cap, roof vent, etc.
.2. Each dwelling shall be provided with a water-carried system adequate to dispose of
domestic wastes in a manner which will not create a nuisance or endanger the health
of the occupants or the public.
.3. Connection shall be made to a publicly owned or publicly controlled system that is
adequate to serve the needs of the project.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 27 of 28
9100 - Heating, Ventilating, and Air Conditioning (HVAC)
9110— Heating and Ventilating
.1. Heating and ventilating equipment shall be Trans; Bryant; Carrier; or equal, as
appropriate to the situation.
.2. GREEN OPPORTUNITY: Equipment should be rated as high effieciency.
.3. GREEN OPPORTUNITY. Evaluate existing heating and ventilation system and down
size or reconfigure to be more efficient. Do not oversize equipment.
.4. GREEN OPPORTUNITY: Consideration should be given to using equipment that
provides alternatives to conventional refrigerant, such as non ozone depleting HFC
refrigerants.
5. GREEN OPPORTUNITY Provide ceiling fans in bed rooms and living spaces.
.6. Provide wall thermostat with complete vent system, attic shield, roof jack, and gas
piping/shut-off valve.
7. GREEN OPPORTUNITY Install programmable thermostats with both daytime and
nighttime setbacks. Separate control of different spaces into zones so that the unit
works more efficiently.
8. GREEN OPPORTUNITY Provide duct cleaning prior to turn over
.9. Install in an approved manner and location.
.10. Crawl Space Ventilation:
A. The space between the bottom of the floor joists and the earth under any building
(except such space as is occupied by a basement or cellar) shall be provided
with a sufficient number of ventilating openings through foundation walls or
exterior walls to ensure ample ventilation. Such openings shall be covered with a
corrosion-resistant wire mesh with a mesh size not greater than 1/2 in. nor less
than 1/4 in. in any dimension. The minimum net area of ventilating openings
shall not be less than 1 sq. ft. for each 150 sq. ft. of crawl space area.
B. One ventilating opening shall be within 3 ft. of each corner of each building where
such openings are required.
.11. Attic Space Ventilation
A. Cross ventilation shall be provided for each separate space. Ventilation
openings shall be protected against the entrance of rain and snow.
B. The ratio of the total net free ventilation area to the area of ceiling shall be not
less than 1/150, except that the ratio may be 1/300 if:
L A vapor retarder having a transmission rate not exceeding one perm is
installed on the warm side of the ceiling;
ii. Between 25 and 50 percent of the required ventilating area is provided by
vents located in the eaves or cornices with the balance of the required
ventilation provided by ventilators located at least 3'-0" above the vents in
the eaves or cornices; or
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 28 of 28
iii. The attic space is accessible and suitable for future habitable rooms or
walled-off storage spaces have at least 50% of the required ventilating
area located in the upper part of the ventilated spaces as near the high
point of the roof as practicable and above the probable level of any future
ceiling.
9200 — Fire Protection Systems
9210— Fire Protection Specialties
.1. Provide smoke detectors that are U.L. approved; First Alert SA150LT, or equal. Hard
wire will have battery back-up.
2. GREEN OPPORTUNITY Provide carbon monoxide detectors.
9300 - Electrical Systems
9310 - Electrical Service and Distribution
.1. When required, provide a new electrical service box/meter. All existing circuits shall
be checked out and split as required. All new loads, outlets, lights, etc., must be on
additional circuits, unless prior approval is received from the EDA.
.2. Electrical Service installed at location shall be as recommended by Edison Company.
.3. Check all services and verify all electrical service, circuits (marking panel if not done);
replacing all faulty outlets, switches, damage and missing cover plates; for house and
garage.
.4. When encountering non-complying wiring, it is to be removed in its entirety. This is to
include boxes, lights, old panels (unless used for junction box), etc.; and to include
repair, patching, and painting of all areas affected (to match existing)--ceilings,walls,
etc. All new wiring shall be concealed within walls, ceilings unless approval from the
EDA is obtained prior to installation.
5. GREEN OPPORTUNITY All bulbs shall be fluorescent. No incandescent lighting will
be allowed.
6. GREEN OPPORTUNITY: Avoid recessed lighting. When required use insulation-
contact fixtures that seal tightly and allow insulation to be packed against them.
T GREEN OPPORTUNITY. Install dimmer switches at all living areas. Restrooms shall
have motion detector switches.
.8. GREEN OPPORTUNITY. All low voltage (telephone, data, television) shall be run in
conduits to provide for future expansion and/or replacement.
AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO,INC.
DEVELOPMENT AGREEMENT FOR INTERMEDIARY SERVICES
[INLAND EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES]
This Development Agreement for Intermediary Services (the "Agreement") is made and
entered into as of March 15, 2010, by and between Affordable Housing Solutions of San
Bernardino, Inc. ("AHS"), a California 501(c)(3) public benefit corporation, and Inland Empire
Concerned African American Churches, a California 501(c)(3) public benefit corporation,
("Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. Supervision of Consultant. The AHS officers and or their assignee's designated
in Exhibit "F"attached hereto (collectively, the "AHS Representatives") shall be responsible for
the direction of any work to be performed by the Consultant and any other consultants or
subconsultants to AHS under this Agreement. The Consultant shall not undertake any work
under the terms of this Agreement, unless instructed to do so by any one of the AHS
Representatives. No other AHS representative is authorized by AHS to request services from the
Consultant, pursuant to this Agreement. Approval by any one of the AHS Representatives shall
constitute approval by AHS.
2. Term of Agreement. The term of this Agreement shall commence on the date
first appearing in this Agreement (the "Effective Date") and will terminate six (6) months after
this date, unless earlier terminated as provided in this Agreement. AHS will have the option to
extend the term of this Agreement at the sole option and discretion of AHS with the written
consent of the Consultant. AHS reserves the right through the actions of the Chief Executive
Officer or the Chief Operating Officer of AHS to terminate this Agreement at any time either
with or without cause and at the sole convenience of AHS upon delivery of notice of termination
to the Consultant; provided, however, that upon the effective date of any such termination, AHS
shall be responsible to pay and/or reimburse the Consultant for all services, materials and
supplies as may have been furnished to AHS prior to the date of the termination of this
Agreement in accordance with the Scope of Services as referenced in Section 3.
3. Scope of Consultant Services. AHS hereby retains the Consultant to provide the
professional consulting services set forth in the Scope of Services attached hereto as Exhibit"E"
and incorporated herein by this reference. The Consultant hereby agrees to perform the work set
forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant
shall perform the services as set forth on said Scope of Services within the time periods to be
identified by the appropriate AHS Representative. The Consultant shall comply with those
laws, regulations or ordinances governing fair housing and equal opportunity practices and the
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abatement of lead-based paint, asbestos and mold practices as required under the Neighborhood
Stabilization Program ("NHS") promulgated by the United States Department of Housing and
Urban Development("HUD")pursuant to the provisions of the Housing and Economic Recovery
Act of 2008, Public Law 110-289 — July 30, 2008, Title III — Emergency Assistance for the
Redevelopment of Abandoned and Foreclosed Homes, Section 2301, et seq., as the same may be
hereafter amended, restated or supplemented from time-to-time, and the Notice of Allocations,
Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for
Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes Grantees under
the Housing and Economic Recovery Act, 2008 issued by HUD and found at the Federal
RegisterNol. 73, No. 194/Monday, October 6, 2008/Notices, as the same may be hereafter
amended,restated or supplemented from time-to-time(collectively,the"NSP Regulations")
4. Payment by AHS for Work Performed by the Consultant.
A. AHS shall compensate the Consultant for completion of the services described in
the Scope of Services set forth in Exhibit "E", "Scope of Services", in accordance with the
guidelines stipulated in Exhibit"H","Consultant Payment and Reimbursement".
B. The compensation designated in subsection 4.A. shall be the "Total Fee" for the
performance of the work and the delivery of the final work product materials, as set forth in the
Scope of Services for each property acquired directly or indirectly by AHS for which the
services were provided by the Consultant in accordance with this Agreement. The Total Fee
shall include, but not be limited to, the materials and salaries of all subcontractors and vendors
retained by the Consultant and all employees of the Consultant to perform work pursuant to this
Agreement and all general overhead expenses of the Consultant inclusive of all costs and
expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage,
copies and such other expenses related to completion of the work set forth in the Scope of
Services.
C. The Consultant shall invoice AHS for eligible predevelopment expenses and work
performed by the Consultant under this Agreement through funds draw requests submitted by the
Consultant in accordance with AHS's policies and procedures, and approved by AHS, on a
monthly basis, or on a more frequent basis if requested by the Consultant and approved by AHS,
with the first draw request occurring no earlier than two(2)weeks after the Effective Date.
D. The Consultant shall submit draw requests under this Agreement to:
Affordable Housing Solutions of San Bernardino, Inc.
Attention: Chief Operating Officer
201 North"E" Street, Suite 301
San Bernardino, California 92401
E. The Consultant's funds draw request shall set forth the cost of any direct labor
and materials incurred in performance of the Scope of Services, the appropriate portion of fees
described in Exhibit "H", as applicable, the cost of any permits or licenses required to perform
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the Scope of Services, and any other costs approved by AHS. Each draw request submitted by
the Consultant shall include copies of all third party invoices for any subcontractors or other
consultants hired, any invoices for materials, any conditional and unconditional lien releases for
invoices submitted by subcontractors or other consultants, and any forms or documents provided
by AHS that AHS requires to be included as part of the Consultant's draw request. All funds
draw requests shall be signed by the Consultant and approved and signed by an AHS
Representative or an AHS designated agent. Upon receipt of the Consultant's draw request
package, AHS shall review the draw request package and notify the Consultant whether it
approves of the draw request within three (3) working days after receipt of the draw request.
AHS shall issue a check or wire transfer to the Consultant equal to the total amount of those
costs included in the draw request and approved by AHS.
5. Records Retention. Records,maps, field notes and supporting documents and all
other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by
the Consultant and shall be made available to AHS for examination and for purposes of
performing an audit for a period of five (5) years from the date of expiration or termination of
this Agreement or for a longer period, as required by law. Such records shall be available to
AHS and to appropriate county, state or federal agencies and officials for inspection during the
regular business hours of the Consultant. If the Consultant does not maintain regular business
hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m.
Monday through Friday, excluding federal and state government holidays. In the event of
litigation or an audit relating to this Agreement or funds paid to the Consultant by AHS under
this Agreement, such records shall be retained by the Consultant until all such litigation or audit
has been resolved.
6. Indemnification. The Consultant shall defend, indemnify and hold harmless
AHS, its officers, employees, representatives, and agents (collectively, the "Indemnified
Parties") from and against any and all actions, suits, proceedings, claims, demands, losses, costs
and expenses, including audit fees and other audit related costs, legal costs and attorneys fees, for
injury or damage of any type claimed as a result of the acts or omissions of the Consultant, its
officers, employees, subcontractors and agents, arising from or related to performance by the
Consultant of the work required under this Agreement; provided, however, in no event shall the
Consultant be liable to the Indemnified Parties in the event that any such actions, suits,
proceedings, claims, demands, losses, costs and expenses result from the gross negligence,
fraudulent conduct or willful misconduct of the Indemnified Parties, or any one of them.
Moreover, the Consultant shall not be liable to the Indemnified Parties for defects not normally
identified.
Notwithstanding the foregoing, under no circumstances shall the Consultant be liable to
the Indemnified Parties as a result of the failure of AHS to provide to the Consultant any
amounts due to the Consultant in accordance with this Agreement, unless such failure was the
result of gross negligence, fraudulent conduct or willful misconduct on the part of the
Consultant.
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Notwithstanding anything to the contrary provided in this Agreement, it is specifically
understood and agreed, such agreement being a primary consideration for the execution of this
Agreement by the Consultant, that there shall be absolutely no personal liability on the part of
any shareholder, director, officer, manager, member or employee of the Consultant with respect
to any of the terms, covenants and conditions of this Agreement. The Agency hereby waives all
claims, demands and causes of action against the shareholders, directors, officers, members or
employees of the Consultant in the event of any breach by the Consultant of any of the terms,
covenants and conditions of this Agreement.
7. Insurance. The Consultant shall maintain insurance, as set forth in Exhibit "G"
to this Agreement, throughout the term of this Agreement, or in lieu of this insurance coverage,
the Consultant shall require its designated General Contractor to maintain such insurance as set
forth in Exhibit "G" and name the Consultant, AHS and the Redevelopment Agency of the City
of San Bernardino ("Agency") as Additional Insureds under such insurance. The Consultant
shall remain liable to AHS pursuant to Section 6 above to the extent the Consultant is not
covered by applicable insurance for all losses and damages incurred by AHS that are caused
directly or indirectly through the actions or inactions, willful misconduct or negligence of the
Consultant in the performance of the duties incurred by the Consultant pursuant to this
Agreement.
AHS shall maintain insurance against loss or damage to real property under an "all risk"
or "special form" property insurance policy, which shall include coverage against all risks of
direct physical loss, including loss by fire, lightning, terrorism, ordinance or law, and other risks
normally included in the standard ISO special form (which shall include flood insurance if the
property is located within a flood hazard area and which shall include earthquake insurance if the
property is located in an area where earthquake insurance is customarily maintained for similar
residential property). Such insurance shall be in amounts sufficient to prevent the Consultant
from becoming a co-insurer under the policy, and in any event, after application of deductible, in
amounts not less than 100% of the full insurable replacement cost.
8. Press Releases. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior written
consent of AHS, which consent shall not be unreasonably withheld. This Section 8 does not
apply to the advertising or other promotional materials used by the Consultant to sell the
Rehabilitated Home.
9. Default and Remedies.
A. The occurrence of any of the events listed in Exhibit "J", Section A.(1) through
(7), shall after the giving of any written notice described therein, constitutes a default by the
Consultant hereunder("Event of Default").
B. Upon the occurrence of an Event of Default, AHS may, in its sole discretion,take
any of the actions listed in Exhibit"J", Section B.(1)through(7).
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C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or any other
default by the other party.
D. The Consultant has the right to implement the remedies in Exhibit "J", Section
C.(1) and (2), upon the default or failure of AHS to meet any of its obligations under this
Agreement without curing such failure within thirty (30) calendar days after receipt of written
notice of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency.
10. Termination.
A. This Agreement may be terminated by either party for any reason by giving the
other party fifteen(15) calendar days' prior written notice. AHS shall pay the Consultant for all
work authorized by AHS and completed, prior to the effective termination date.
B. In the event of a termination of this Agreement, the Consultant shall provide all
documents, notes, maps, reports, data or other work product developed in performance of the
Scope of Services of this Agreement to AHS within ten(10) calendar days after such termination
and without additional charge to AHS.
C. In the event of the expiration or early termination of this Agreement for any
reason, AHS shall pay and/or reimburse the Consultant for all services, materials and supplies as
may have been furnished to AHS prior to the date of the termination of this Agreement.
11. Notice. All notices given hereunder shall be in writing. Notices shall be
presented in person or by certified or registered United States Mail, return receipt requested,
postage prepaid or by overnight delivery by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed effective on
the third (3rd) business day following the deposit of such Notice with the United States Postal
Service. This Section 11 shall not prevent the parties hereto from giving notice by personal
service or telephonically verified fax transmission, which shall be deemed effective upon actual
receipt of such personal service or telephonic verification. Either party may change their address
for receipt of written notice by notifying the other party in writing of a new address for
delivering notice to such parry.
CONSULTANT: Inland Empire Concerned African American Churches
Attention: President
1777 West Baseline Road
San Bernardino, CA 92411
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AHS: Affordable Housing Solutions of San Bernardino, Inc.
Attention: Carey K. Jenkins, Chief Operating Officer
201 North'IF' Street, Suite 301
San Bernardino, California 92401
Phone: (909)663-1044
Fax: (909) 888-9413
12. Compliance with Law. The Consultant shall comply with all local, state and
federal laws, including, but not limited to, environmental acts, rules and regulations applicable to
the work to be performed by the Consultant under this Agreement. The Consultant shall
maintain all necessary licenses and registrations for the lawful performance of the work required
of the Consultant under this Agreement.
13. Nondiscrimination. The Consultant shall not discriminate against any person on
the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Agreement. Without limitation, the
Consultant hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status or national origin. Further, the
Consultant shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such
action shall include, but not be limited to,the following: recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, the Consultant shall not exclude from
participation under this Agreement any employee or applicant for employment on the basis of
age,handicap or religion in compliance with state and federal laws.
14. Consultant and each Subcontractor are Independent Contractors. The
Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its
subcontractors shall at any time or in any manner represent that it or any of its employees are
employees of AHS or any department, commission or subsidiary entity of AHS. AHS shall not
be requested or ordered to assume any liability or expense for the direct payment of any salary,
wage or benefit to any person employed by the Consultant or its subcontractors and vendors to
perform any item of work described in the Scope of Services. The Consultant is entirely
responsible for the immediate payment of all subcontractor liens.
15. Severability. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
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16. Entire Agreement. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements between
the parties concerning the subject matters covered herein. The parties intend this Agreement to
be the final expression of their agreement with respect to the subjects covered herein and a
complete and exclusive statement of such terms.
17. Amendment or Modification. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto. Any
such modification or amendment shall be valid, binding and legally enforceable only if in written
form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution. Any such amendment or modification to be effective as to
AHS must be approved by its officers or designated representatives.
18. Governine Law. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. Non-Waiver. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
20. Assignment. This Agreement shall be assignable by the Consultant only if the
Consultant obtains the prior express written consent of AHS, which consent may be withheld by
AHS in its sole discretion. Notwithstanding anything to the contrary in this Agreement, no
purported assignment of this Agreement shall be effective if such assignment would violate the
terms, conditions and restrictions of any applicable governmental restrictions. AHS' consent to
such assignment shall he expressly conditioned upon (i) the assignee's execution of such
documents as required by AHS in its sole discretion, including, without limitation, any and all
documents deemed necessary by AHS to provide for said assignee's assumption of all of the
obligations of the Consultant hereunder and under any documents executed by the Consultant in
connection herewith, and (ii) AHS' approval of the financial and credit-worthiness of such
proposed assignee and the assignee's ability to perform all of the Consultant's obligations under
this Agreement and all documents executed in connection herewith, as may be determined by
AHS at its sole discretion.
21. Representations of Persons Executing the Agreement. The persons executing
this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and
bind the parties each purports to represent.
22. Execution in Counterparts. This Agreement may be executed in one (1) or
more counterparts, each of which will constitute an original.
23. Effectiveness of the Aereement as to AHS. This Agreement shall not be
binding on AHS until signed by an authorized representative of the Consultant, and approved
and executed by the Chief Executive Officer of AHS or his designee. The Agency.shall provide
7
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the Consultant with written notice of the approval of this Agreement upon Community
Development Commission of the City of San Bernardino ("Commission') action.
24. Conflicts of Interest. The Consultant hereby represents that it has no interests
adverse to AHS or the Agency, at the time of execution of this Agreement. The Consultant
hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any
agreement or acquire any interests detrimental or adverse to AHS or the Agency. Additionally,
the Consultant hereby represents and warrants to AHS and the Agency that the Consultant and
any partnerships, individual persons or any other party or parties comprising the Consultant,
together with each subcontractor who may hereafter be designated to perform services pursuant
to this Agreement, do not have and, during the term of this Agreement, shall not acquire any
property ownership interest, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements relating to AHS or the
Agency, property over which AHS or the Agency have jurisdiction or any members or staff of
AHS or the Agency that have not been previously disclosed in writing to AHS, and that any such
property ownership interests, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements will not adversely
affect the ability of the Consultant to perform the services to AHS as set forth in this Agreement.
AHS acknowledges and agrees that the foregoing shall not prohibit the Consultant or any
affiliates thereof from managing or applying for funds granted by HUD pursuant to the NSP and
allocated or awarded to jurisdictions outside of the City of San Bernardino, California, or from
receiving a direct grant of funds from HUD pursuant to the NSP.
25. Non-Exclusivity. This Agreement shall not create an exclusive relationship
between AHS and the Consultant for the services set forth in Exhibit "E" or any similar or
related services. AHS may, during the term of this Agreement, contract with other consultants
for the performance of the same, similar or related services as those that may be performed by
the Consultant under this Agreement. AHS reserves the discretion and the right to determine the
amount of services to be performed by the Consultant for AHS under this Agreement, including,
not requesting any services at all. This Agreement sets forth the terms upon which any such
services will be provided to AHS by the Consultant, if such services are requested by AHS, as
set forth in this Agreement.
26. Consequential Damages and Limitation of Liability. AHS and the Consultant
agree that except as otherwise provided in this Section 26, in no event will either be liable to the
other under this Agreement for any damages including, but not limited to, special damages, loss
of revenue, loss of profit, operating costs or business interruption losses, regardless of cause,
including, breach of contract, negligence, strict liability or otherwise. The limitations and
exclusions of liability set forth in this Section 26 shall apply regardless of fault, breach of
contract, tort, strict liability or otherwise of the Consultant and AHS, their employees or
subconsultants.
27. Business Registration Certificate. The Consultant warrants that it possesses, or
shall obtain immediately after the execution and delivery of this Agreement, and maintain during
the period of time that this Agreement is in effect, a business registration certificate pursuant to
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Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses,
permits, qualifications, insurance and approvals of whatever nature that are legally required to be
maintained by the Consultant to conduct its business activities within the City.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
AHS
Affordable Housing Solutions of San Bernardino, Inc.
a California 501(c)(3)public benefit corporation
Dated: By:
Emil A. Marzullo, Chief Executive Officer
Approved as to Form:
By:
Timothy J. Sab6j Agency Counsel
CONSULTANT
Inland Empire Concerned African American Churches
a California 501(c)(3)public benefit corporation
Dated: By:
Name:
Title:
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Exhibit"A"
Legal Description
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order Nuer.
mb RRI-3420334
Page Number: 6
i
LEGAL DESCRIPTION
Real property In the City of San Bernardino, County of San Bernardino,State of California,
described as follows:
LOT 42,TRACT NO. 3538, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 46 OF MAPS PAGE 56,RECORDS OF
SAID COUNTY.
APN: 0143-133-42
RrstAmerican Title
Exhibit"B"
Total Development Cost Pro Forma
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EXHIBIT B TO DEVELOPMENT AGREEMENT
TOTAL DEVELOPMENT COST PRO FORMA
Acguisiton Costs
List Price 44,500 Appraisal value before rehab
Discount 445 Amount of discount allowed by the seller
Purchase Price 44,055 Difference between List Price and Discount
Closing Costs 531 Escrow and Title Fees, etc.
Subtotal Acquisition Costs 44,586
Rehabilitation Costs
Direct Rehabilitation 54,460 Cost estimated to complete scope of work
Contingency 5,446
Property Management Fee 1. 13,592 Intermediary fixed fee for managing property
Subtotal Rehabilitation Costs 2. 73,498
Indirect Costs
Property Taxes 175 Property taxes incurred during holding period
Homebuyer Qualifying Fee 3. 800 Intermediary fixed fee per homebuyer
General Contractor Fee/Olacy Co. 4. 8,568 Intermediary Fee: fixed % of Dir. Rehab.+ Contingency
Sales Commission 5. 4,500 Intermediary Fee: % of EDA Final Price
Sales Closing Costs 2,500 Escrow, title fees,taxes etc. at sale closing. Insurance
Subtotal Indirect Costs 6. 16,543
Financing Costs
Construction Loan Interest 7. I. 0 Interest paid on construction/rehab loan
Loan Origination Fee 8. 0 Fee for construction/rehab loan
Subtotal Financing Costs 9. -
TOTAL DEVELOPMENT COST 10 134,627
Sales Price
Estimatd Rehabilitated Market Sales Price 75,000 Estimated value of home after rehabilitation
Total Development Cost 11. 134,627 Total cost calculated above (No. 10)
EDA FINAL SALES PRICE 12 75,000 The lower of market sales price or tot. dev. cost
Intermediary Proceeds
Property Management Fee 13. 13,592 From No. 1 above
General Contractor Fee/O.H. 14. 8,568 Frum No. 3 above
Homebuyer Qualifying Fee 15. 800 From No. 4 above
Sales Commission Fee 16. 4,500 From No 5 above
Reimbursement Const Loan Int. 17. - From No above
Reimbursement Loan Orign. Fee 18. - From No c above
TOTAL INTERMEDIARY PROCEEDS 19 27,460 Total of vough 18 above
Exhibit "C1e
Rehabilitation Scope of Work
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EXHIBIT "C" TO DEVELOPMENT AGREEMENT
REHABILITATION SCOPE OF WORK
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
COST ESTIMATE WORKSHEET
Date: January 27, 2010
Time:
Location: 1519 W. Virginia Street, San Bernardino, CA 92411
Job Duration:
Estimator:
1 TEMPORARY FACILTIES
2 Remove Chain Line Fence 1 EA 180.00
3 EA
4 Other
5 SITE WORK
6 Final Cleaning 150.00
7 Exterior Demolition
8 Grading SF
9 Excavation SF
10 Remove damaged flat concrete in rear yard 1 EA 1,500.00
11 Approach: Remove and Install New SF
12 Sidewalk: Remove and Install New SF
13 Hazardous Waste Remidiation
14
15 New Wrought Iron Fence LF
16 New Chain Link Fence LF
17 New Wood Fence 210 EA 3,150.00
18 Remove/Install Block Wall LF
19 LANDSCAPING
20 Remove and/or Trim Trees 1 EA 700.00
21 Install Sprinkler System 1EA 1,500.00
22 Hydro Seed Yard } SF
23 Level Front Yard 1 EA 100.00
24 INTERIOR DEMOLITION
25 Repair all damaged and removed Interior 1 EA 1,200.00
Plaster and Drywall
26 Removal of other items
27 HAZARDOUS COMPONENTS ABATEMENT
28 Lead
29 Asbestos
30 Mold
31 Other
32
33 FOUNDATIONS
34
35 Replace soffit, gable and crawlspace screens 1 ALL
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
36 Replace and Install New Access Door EA 100.00
37 Construct New Access Well with Door EA 100.00
38 Footings SF
39 Concrete SF
40 FRAMINGIWOOD
41 Studs LF
42 Other LF
43 EXTERIOR
44 Sandblast 1 SY 3,600.00
45 Colorcoat, repair all cracks, holes and } 1
46 damage areas SY
47 Wrap and Stucco SY
48 Insulation SF
49 EXTERIOR WINDOWS
50 Replace all windows with low-e 6 EA 2,040.00
51 Missing Putty EA
52 Install new screens EA
53 Replace broken glass panes EA
54 Remove and Install new aluminum EA
55 Block frame single hung or sliders
56 Replace front security door 1 EA 150.00
57 window EA
58 Aluminum -slider 4'x3' standard frame EA
59 Aluminum -slider 4'x3' block frame EA
60 Aluminum-slider hung 3'x4' standard EA
61 Aluminum-slider hung 3'x4' block EA
62 Aluminum-slider 5'x4' standard frame EA
63 Aluminum-slider 5'x4' block frame EA
64 Aluminum-single hung 3'x5' standard frame EA
65 Aluminum-single hung 3'x5' block EA
66 Aluminum-slider 3'x2'standard EA
67 Aluminum -slider 3'x2' block EA
68 Install vertical blinds on dining, LR & bedrooms 4 EA 300.00
69 EXTERIOR DOORS
70 Garage: Remove and Install ALL 650.00
71 Garage side door,jamg, casing & lockset 1 EA 325.00
72 Entry Door EA 325.00
Replace front door casing 1 EA
73 Replace mail boxt door 1 EA
74 ROOFING
75 Si. Complete tear off roof and sheathing 1
76 Installation of aluminized sheathe 1
77 Install compostion roof to code-30 Yr. 1 5,150.00
78 Replace all facia with new six inch fascia 1 450.00
79 Remove all Install gutter and
80 downspouts LF 180.00
81 INTERIOR CONSTRUCTION
All line i!ams will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
82 Install R-30 Insulation in attic 1 EA 1,500.00
83 Drywall SF
84 Hollow-core interior door withhinges and 3 EA 465.00
Installation in an existing jamb. Hardboard
wood-textured and embossed
85 Repair bedroom closet doors 1 EA 150.00
86 Shower doors EA
87 Tub Enclosure EA
88 Laundry door EA
89 Other EA
90 FLOORING
91 Carpet Allowance 1 BY 1,200.00
92 Ceramic Tile SF
93 Linoleum 1 SY 600.00
94 Hardwood SF
95 Other
96 PAINTING
97 Prep and paint interior complete two coats 1 EA 1,250.00
98 Stains(kitchen, bath and other cabinets) SF
99 Repair all damaged SF
100 Paint exterior wood 1 EA 850.00
101 CARPENTRY, CABINETS AND MILLWORK
102 Remove and Install new cabinets 1 2,850.00
103 Install and Replace Formica Counter tops 1 EA 650.00
104 Repair framing and plaster as necessary 1 EA 150.00
Repair hall closet doors&cabinets 1 EA 200.00
105 PLUMBING
106 Bathtub&Shower surround 1 EA 480.00
107 Lavatory 1 EA 250.00
108 Kitchen Sink 1 Fes. 160.00
109 Garbage Disposal 1 EA 80.00
110 Laundry Sink EA 50.00
111 Faucets kitchen, bath&shower 3 EA 350.00
112 Bathtubs EA
113 Tub Wall Kits EA
114 Shower EA
115 Water Heater 1 EA 400.00
116 Roto Root(clean) all drain lines to street ALL 150.00
117 Remove and Install new EA 150.00
118 Anti-syphon hose bibbs
Replace cleanout cover at kitchen exterior 1 EA 50.00
Repair water leak at rear hose bib 1 EA 100.00
119 Interior water supply ball valve with 1 EA 150.00
pressure valve
120 HVAC
121 Install new system lincluding ducts& 1 EA 5,900.00
thermostat
122 Repair duct work LF
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
123 Repair HVAC Unit EA
124 Replace HVAC Unit EA
I'I 125 Remove wall heater 1 50.00
j 126 Other
j 127 ELECTRICAL
128 Remove and Install new light fixture 7 EA 3,700.00
129 Remove and Install new GFCI outlets EA
130 Remove and Install circuit/outlet EA
131 Install new GFCI outlet 3 EA
132 Remove and Install new circuit breaker EA
133 Remove and Install new wiring LF
(included with Item#45)
134 Cover Plates EA 50.00
135 Smoke detectors EA 375.00
136 Other
137
138 MISCELLANEOUS
139 Install new medicine cabinet, mirror, towel 1 EA 100.00
140 & paper holders
141 Hood vent&fan, stove, dish washer, garbage 1,500.00
142 disposal and
(ironing board cabinet- included in Item#49)
143 (allowance) 1 EA
162 Supervision 3,200.00
163
164
165
166
SUBTOTAL $48,960.00
Insurance Burden (General Liability&Workers Compenssation 2.5%)
OVERHEAD& PROFIT (15%) $8,568.50
GRAND TOTAL GENERAL CONTRACTOR'S BASE BID $57,528.50
APPROVED OPTIONS
1 Remove Existing tile and Install Slate at Front Porch 650.00
2 Install Rear Yard Sprinklers 1,000.00
3 Repipe with Copper Plumbing 3,600.00
4 Replace Interior Base Moulding 250.00
OPTIONS TOTAL $5,500.00
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
Exhibit"D"
Project Timeline
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Exhibit"E"
Scope of Services
1. Secure Property-Ensure that adequate locked fencing is installed on the perimeter of the site
when necessary. Board up windows and outer doorways when necessary in order to prevent
looting and vandalism of the Rehabilitated Home.
2. Property Management-Maintain utilities service, pay for monthly utilities bill(s) during the
holding period (the Consultant will be reimbursed for this cost), interior and exterior
appearance and marketability of the Rehabilitated Home as needed.
3. Approved Budget - The approved budget includes the estimate of the costs the Consultant
expects to incur in order to complete the Scope of Work defined herein, provided in Exhibit
"B" (the "Total Development Cost Pro Forma"). This budget estimate includes all costs
associated with the rehabilitation of the Rehabilitated Home, including labor and materials
for rehabilitation work, contingency, the Project Management Fee, the General Contractor
Fee/Overhead, the Sales Commission Fee and the Homebuyer Qualifying Fee, includes the
cost of enrolling the prospective buyer of the Rehabilitated Home deemed qualified by the
Consultant under the conditions in this Agreement (the "Qualified Homebuyer") in a
homebuyer education course administered by an AHS approved third party vendor or
organization.
4. Project Timeline - The approved estimated timeline provided in Exhibit "D" sets forth the
completion of the various steps involved in the acquisition, rehabilitation and resale of the
Rehabilitated Home (the "Project Timeline"). The timeline starts from the point that the
selected Consultant enters into the contract for the Rehabilitated Home with AHS through the
close of sale to the Qualified Homebuyer. Major steps included in the timeline are
construction period, completion of construction, issuance of the Certificate of Completion,
start of marketing period for the home, projected number of weeks needed to identify a
Qualified Homebuyer,escrow period and close of escrow.
5. Rehabilitation Scope of Work-The approved detailed, line item budget of the costs required
to complete the rehabilitation scope of work agreed upon by AHS and the Consultant,
provided in Exhibit "C" (the "Rehabilitation Scope of Work") serves as the Consultant's
price bid for the Rehabilitation Scope of Work.
6. Manage Rehabilitation Work - Manage the rehabilitation of the Rehabilitated Home to
include, but not be limited to: (i) ensuring that all tasks identified in the Rehabilitation Scope
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PUgendasNgendaAnachments\Agenda AttuhmemMN u-Amend]01NU1-15-10 MCAAC OwaloFmem Agrzemem.Fi.14.
of Work are completed on a timely basis and all work performed satisfies AHS' standards;
(ii) conducting weekly on-site project inspections; (iii) managing relationships with all
subcontractors and vendors; (iv) obtaining all necessary permits required to complete the
Rehabilitation Scope of Work; (v) ensuring that all rehabilitation work complies with all
applicable municipal codes; (vi) submitting funds draw requests to AHS in a timely and
accurate manner; (vii) paying all sub-contractors hired by the Consultant and all vendors
providing materials used in the performance of the Rehabilitation Scope of Work on a timely
and accurate basis; and(viii) administering both conditional and unconditional lien releases.
7. Marketing— Market the Rehabilitated Home through advertising and published promotional
materials. Adhere to AHS' Affirmative Marketing Guidelines (Please see Exhibit"K").
8. Identify Qualified Homebuyer- Identify and present prospective homebuyers to be approved
by AHS in writing, facilitate adequate homebuyer training and facilitate financing of
property which may include Down Payment Assistance from the Agency, pre-qualify the
homebuyer for eligibility to purchase the Rehabilitated Home and collect those application
documents from the Qualified Homebuyer identified in Exhibit"I", Section"A".
In addition, the Consultant is required to make best efforts to ensure that a fixed rate
permanent loan secured by a first trust deed ("First Mortgage Loan") is made available to the
Qualified Homebuyer at the lowest commercially available rate and most favorable terms.
9. Escrow—Work with the AHS selected title company and manage the escrow process through
closing on behalf of the Qualified Homebuycr, ensure that all AHS sale documents are
executed,notarized and recorded as needed.
10. Files — Maintain adequate files for the Rehabilitated Home, ensuring compliance with all
Neighborhood Stabilization Program requirements, files shall include, but not be limited to,
all documents listed in Exhibit "I", and all documents required to verify compliance with the
Affirmative Marketing Guidelines stated in Exhibit "K", such as homebuyer waiting lists,
copies of advertisements published in local and community newspapers,etc.
11. Appraisal — Work with the AHS designated Appraiser to determine the sales price for the
Rehabilitated Home.
12. Environmental - Ensure that all environmental mitigation measures recommended by AHS'
Environmental Consultant are carried out as part of the Rehabilitation Scope of Work.
Provide proof of completion of these mitigation measures.
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PVpMlsVpg AffcM1 effls grnda AttuhmenuWgnMSAmcM 201M-1510 MCMCD Iopmcnt Ag c=nt-Fimldoc
13. Closing Requirements:
A. The Consultant shall cause the closing of the sale of the Rehabilitated Home by
following the procedures and complying with the requirements set forth in Exhibit
"P", Section A.
B. The Consultant shall cause the closing of any Agency Down Payment Assistance
Loans, if applicable, in accordance with the procedures and requirements established
in Exhibit"I", Section B.
14. Building Standards:
The Consultant shall adhere to the building standards stipulated in Exhibit "L" when
performing any rehabilitation work on the Rehabilitated Home.
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PMgt .assApe AUwhmeMsUV aAMcAmnts\AA to Am 2DIM3-15-101 MCD lopmal A�m-Fiml.dm
Exhibit"F"
AHS Representatives
AHS Officers:
Emil A. Maraullo,
Chief Executive Officer
Carey K. Jenkins,
Chief Operating Officer
Authorized AHS Re resentatives:
Samuel Hughes,
Consultant
Fernando S. Portillo,
Consultant
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P4lgerdes\Agenda M.hmema\Agmda AnachmmuUgsmtsAmeM"1=3-15-10 NL CDwel1p A®eemed-Ftv d.
EXHIBIT "G"
Insurance Requirements
The Consultant and its General Contractor shall maintain insurance policies issued by an
insurance company or companies authorized to do business in the State of California and
that maintain during the term of the policy a "General Policyholders Rating" of at least
A(v), as set forth in the then most current edition of"Bests Insurance Guide," as follows:
(1) Automobile Insurance. Comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per
occurrence for each vehicle leased or owned by the Consultant or its subcontractors and
used in performing work under this Agreement.
(2) Worker's Compensation Insurance. Worker's compensation
coverage in accordance with California workers' compensation laws for all workers under
the Consultant's and/or subcontractor's employment performing work under this
Agreement.
(3) Liability Insurance. AHS requires comprehensive liability
insurance, including coverage for personal injury, death, property damage and contractual
liability, with a limit of at least One Million Dollars ($1,000,000), including products and
completed operations coverage. Said insurance shall be primary insurance with respect
to AHS and the Agency. The Consultant shall require and ensure that the Consultant's
contractors include AHS and the Agency, as additional insureds on all general liability
insurance covering work at the Rehabilitated Home. All insurance policies required of
the Consultant or its contractors as provided herein, shall extend the subject insurance
coverage to:
"The City of San Bernardino, the Redevelopment Agency of the City of
San Bernardino and Affordable Housing Solutions of San Bernardino, Inc., their officers
officials, attorneys, agents,employees and volunteers"
In lieu of directly obtaining the insurance coverage mentioned in this Exhibit"G",
the Consultant can require its General Contractor to name the Consultant as an additional
insured on the insurance policies obtained by the General Contractor for the purposes of
satisfying the insurance requirements herein.
Concurrent with the execution of this Agreement and prior to the commencement
of any work by the Consultant, the Consultant shall deliver to AHS, copies of policies or
certificates evidencing the existence of the insurance coverage required herein, which
coverage shall remain in full force and effect continuously throughout the term of this
Agreement. Each policy of insurance that the Consultant purchases in satisfaction of the
insurance requirements of this Agreement shall name AHS, the Agency and if applicable,
the Consultant as an additional insured and shall provide that the policy may not be
.19-
P: geneaswgenaa anarnmemsugema Atm mm,Ugim.� zoim 15.10 MCn CD doVmem Agreement-rinei.aoe
cancelled, terminated or modified, except upon thirty (30) days prior written notice to
AHS.
Failure on the part of the Consultant to procure or maintain the insurance
coverage required in this Exhibit "G" for fifteen (15) days or longer shall constitute a
material breach of this Agreement pursuant to which AHS may exercise all rights and
remedies set forth herein and, at its sole discretion, and without waiving such default or
limiting the rights or remedies of AHS, procure or renew such insurance and pay any and
all premiums in connection therewith and all monies so paid by AHS shall be reimbursed
by the Consultant to AHS upon demand including interest thereon at the rate of ten
percent (10%) per annum interest compounded annually from the date paid by AHS to
the date reimbursed by the Consultant. The Agency shall have the right, at its election,to
participate in and control any insurance claim adjustment or dispute with the insurance
carrier. The Consultant's failure to assert or delay in asserting any claim shall not
diminish or impair the rights of AHS against the Consultant or the insurance carrier.
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P.N asWgendaA a6men,M nda M.hmemaU®mtsA 20IM3-15-10@C CD elop=M A�mem-Fi U,dm
Exhibit°H"
Consultant Payment and Reimbursement
The Consultant shall be paid four (4) different fees by AHS. The four (4) fees that the
Consultant is eligible to receive are:
1. Project Management Fee;
2. General Contractor Fee/Overhead;
3. Homebuyer Qualifying Fee; and
4. Sales Commission Fee.
The amount of the fees to be paid to the Consultant by AHS for completing the Scope of
Services detailed in Exhibit `E" is recorded in the Development Pro Forma attached as
Exhibit eB"to this Agreement. The costs contained in the Development Pro Forma serve
as the budget for the project, and the Consultant will be required to complete the work in
accordance with that budget. This budget must be approved by AHS Representative(s)
prior to the start of any rehabilitation work by the Consultant.
Project Management Fee—The Project Management Fee is the compensation received by
the Consultant for securing, maintaining and marketing the property. Some of the tasks
that might be included under this function are such things as, fencing the property,
mowing the lawn, clearing debris from the lawn, removal of graffiti, etc. The Project
Management Fee may also include any marketing costs incurred by the Consultant, such
as online or print advertising and website design, as approved by AHS. The Consultant is
eligible to receive fifty percent (50%) of this fee upon commencement of the
Rehabilitation Scope of Work, to be invoiced by the Consultant in the first funds draw
request submitted by the Consultant to AHS. The remaining portion of this fee shall be
payable to the Consultant after the rehabilitation work is completed, as evidenced by an
AHS issued Certificate of Completion or a City issued Certificate of Occupancy, as
applicable. The remaining portion of this fee shall be paid to the Consultant upon the
close of the Rehabilitation Home Sales Escrow.
General Contractor Fee/Overhead — The General Contractor Fee/Overhead is the total
amount paid by AHS for management of the rehabilitation work as defined in Exhibit
"eE", Section 6. If the Consultant hires a General Contractor, then the Consultant is
responsible for negotiating a fee structure with its hired General Contractor, but in no
event, will AHS pay an amount above the General Contractor Fee/Overhead stated in this
Agreement, nor will AHS pay a separate General Contractor Fee/Overhead to the General
Contractor. The amount of this fee is a fixed fee for the rehabilitation work. The costs of
the rehabilitation work shall include direct labor and materials involved in the
performance of the Rehabilitation Scope of Work plus the budgeted contingency for this
work. A portion of this fee commensurate with the percentage of completion of the
Rehabilitation Scope of Work shall be paid with each funds draw request submitted by
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P\ pndesVgeM Anxhmems\Apnda Anachments\Ag trA eM 201=3-15-10 MCMC Me pment Agreemem-Fin dm
the Consultant.
Any additional costs arising from unexpected conditions on the site or other unexpected
difficulties must be written up as a change order and AHS Representative(s) must sign
and approve the change order at the discretion of the AHS Representative(s) in order for
these costs to be included as part of the overall rehabilitation costs, which would then
increase the absolute amount of the General Contractor Fee/Overhead.
Homebuyer Qualifying Fee — This fee is paid to the Consultant for identifying and
assisting AHS in qualifying the prospective homebuyer for the sale of the Rehabilitated
Home. This is a one-time fixed fee. This fee will include the Consultant's
reimbursement for any costs associated with the prospective homebuyer's "Homebuyer
Education Training" and payments to third party service providers, such as Neighborhood
Housing Services of the Inland Empire ("NHSIE"), or another such service provider.
The Homebuyer Qualifying Fee shall be paid upon the close of the Rehabilitated Home
Sales Escrow.
Sales Commission Fee — The sales Commission Fee represents the payment received by
the Consultant for managing the Rehabilitated Home Sale Escrow process on behalf of
AHS to assist the Qualified Homebuyer through the Rehabilitated Home Sales Escrow
process. The amount of this fee is calculated as a fixed percentage of the final sales price
to the Qualified Homebuyer. The Sales Commission Fee shall be paid upon the close of
the Rehabilitated Home Sales Escrow.
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PUge as\Agenda Aaec em:\Agma AnuhmmtiUV�M 20IM-I5-10 MCMCD 4fflem Ageemam-Fiml.a
Exhibit"I"
Closing Requirements
A. Sale of Rehabilitated Properties
The Consultant shall initiate the sale of a Rehabilitated Property to a Qualified
Homebuyer by submitting to the Agency a purchase/sale agreement executed by the
prospective homebuyer, verifying documentation from the prospective buyer with respect
to residency, income and the property condition as the Agency, or its designee, may
reasonably request (collectively, "Homebuyer Application"). [NOTE: NSP regulations
limit the income on NSP funded properties. The Agency should be involved in the
negotiation of sales documents of the properties] The Homebuyer Application shall
consist of the following information in the form provided or approved by the Agency:
i. Last Three (3) Years Tax Returns (State and Federal) (1040's) signed with
W2's attached. Two (2) Current Pay Stubs for all household members who
will reside in the home.
ii. A California Association of Realtors California Residential Purchase
Agreement fully executed by the prospective homebuyer (With
Agency Addendum(s) attached).
iii. Neighborhood Stabilization Program Homebuyer Application.
iv. Income Certification.
V. Application Affidavit—Completely filled out and signed by the prospective
homebuyer.
vi. Signed Lead-Base Paint Disclosure Form (for homes built prior to 1978).
The Agency does not supply this form.
vii. Copy of Employment Verification for each Homebuyer.
viii. 2 Months of Current Bank Statements.
ix. 3-Year Rental History.
X. Homebuyer Education Certificate from NHSIE or another like service
provider.
Within seven (7) calendar days after the receipt of the Homebuyer Application by the
Agency, Agency Staff will notify the Consultant of approval or denial of the prospective
homebuyer's eligibility and confirmation of such eligibility by means of a Reservation
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eUWndss Vndn AneAunems4lgeMa Aftwmcros\AFms-Amrnd 20IM3-15-10 MCMC Dm pmem Ag em-Fin do
Letter (all reservations will be automatically valid for sixty (60) calendar days from the
date of confirmation) [NOTE: The Agency should execute the sales agreement]. Upon
notification by Agency Staff of the prospective homebuyer's eligibility, the Consultant
shall open an Escrow account with an Agency approved escrow company (the "Escrow
Holder"). The Agency shall furnish the Escrow Holder with executed escrow
instructions. The Consultant shall not permit any Escrow to close for the sale of a
Rehabilitated Property until and unless the escrows instructions executed by the Agency
(and countersigned, if requested by Agency Staff, by the First Trust Deed Lender) have
been submitted to the Escrow Holder. As provided in the Agency escrow instructions,
Escrow shall also not close unless and until:
1. The Escrow Holder holds the following documents : (1)Agency Notice of
Affordability Restrictions executed by the Qualified Homebuyer and
notarized; and (2) a grant deed with respect to the Rehabilitated Property
purchased by the Qualified Homebuyer, executed and acknowledged by
the selling entity; and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Property is provided to the Agency naming the Agency as
additionally insured; and
i
3. Rehabilitation of the Rehabilitated Property shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and the City shall have issued a final certificate of occupancy
for the Rehabilitated Property; and
4. The Consultant's execution and delivery to the Agency of the Sub-
agreement.
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Project or the Rehabilitated Property.
Within seven (7) calendar days after the receipt of the Homebuyer Application by AHS,
the AHS Representative(s) will notify the Consultant of approval or denial of the
prospective homebuyer's eligibility and confirmation of such eligibility by means of a
Reservation Letter (all reservations will be automatically valid for sixty (60) calendar
days from the date of confirmation) [NOTE: AHS should execute the sales agreement].
Upon notification by the AHS Representative(s) of the prospective homebuyer's
eligibility, the Consultant shall open the Rehabilitation Home Sales Escrow account with
an AHS approved escrow company (the "Escrow Holder"). AHS shall famish the
Escrow Holder with executed escrow instructions. The Consultant shall not permit the
Rehabilitation Home Sales Escrow to close until and unless the escrow instructions
executed by AHS (and countersigned, if requested by AHS Representative(s), by the First
Trust Deed Lender) have been submitted to the gcrow Holder. As provided in the AHS
escrow instructions,Escrow shall also not close :a less and until:
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P Ugcd sU4e a Anud muUgenda Mt mlaUgmu-Amend 301=3-15-10�( vdo mem Agmmem-RMI dM
1. The Escrow Holder holds the following documents : (1) Agency Notice of
Affordability executed by the Qualified Homebuyer; and (2) a grant deed
with respect to the Rehabilitated Home, executed and acknowledged by
the selling entity(the"AHS Grant Deed"); and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Home is provided to AHS naming AHS and the Agency as
additionally insured; and
3. The Rehabilitation Scope of Work shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and AHS shall have issued a Certificate of Completion or the
City shall have issued a Certificate of Occupancy for the Rehabilitated
Home, as applicable; and
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Rehabilitated Home.
B. Down Payment Assistance
In the case where the Qualified Homebuyer needs down payment assistance to facilitate
the purchase of the Rehabilitated Home, the Consultant shall assist the Qualified
Homebuyer in applying for such assistance from the Redevelopment Agency of the City
of San Bernardino's ("Agency") Homebuyer Assistance Program ("HAP"), at the
Qualified Homebuyer's election. The requirements and the application process for
obtaining such assistance are described fully in the Agency's HAP Program Manual,
which can be obtained at the Agency's offices. The process for applying for such
assistance is summarized below, but in the event that a conflict exists between the
description of the HAP Program contained herein and the HAP Program Manual, the
requirements and procedures described in the HAP Program Manual shall prevail.
In order to reserve Agency Down Payment Assistance Loan assistance to facilitate the
purchase of the Rehabilitated Home, the Consultant must include in the Homebuyer
Application described in Section A, herein, the following information in the form
provided or approved by AHS and the Agency:
i. Verification for Applicant Eligibility, completely filled out and signed by the
prospective homebuyer and the First Trust Deed Lender;
ii. Copy of Credit Report. If the prospective homebuyer lacks credit history or
scores are lower than 640, please provide secondary credit such as a landlord
letter or utility statements; and
iii. Agency Down Payment Assistance Loan Worksheet.
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The obligation of the Agency to fund each Agency Down Payment Assistance Loan shall
be subject to satisfaction of all of the conditions stated in Section A, herein, together with
the following conditions (collectively,the"Closing Conditions"):
(a) The Escrow Holder holds the following documents: 1) the Qualified
Homebuyer Agency Down Payment Assistance Loan Agreement executed by
the Qualified Homebuyer and the Agency; (2) the Agency Promissory Note
executed by the Qualified Homebuyer in favor of the Agency in the same
amount as the Agency Down Payment Assistance Loan; and (3) the Agency
Subordinate Deed of Trust and Assignment of Rents acknowledged and
j executed by the Qualified Homebuyer in favor of the Agency; and
I
(b) Any one of the following title companies whether(i) First American Title, (ii)
North American Title, (iii) Chicago Title, (iv) Stewart Title or(v) another title
insurer approved by the Agency ("Title Company") shall have assured the
Agency in writing that with respect to each Agency Down Payment
Assistance Loan, the Agency shall receive upon recordation of the Agency
Subordinate Deed of Trust and Assignment of Rents a CLTA lenders policy of
title insurance in the amount of the Agency Down Payment Assistance Loan
Note (the "Agency Title Policy") insuring the priority of the Agency
Subordinate Deed of Trust and Assignment of Rents, subject only to the First
Mortgage Loan and other exceptions approved by the Agency following the
Agency's prior review of a preliminary title report for the Rehabilitated
Home, which preliminary title report must be received by the Agency no later
than seven (7) calendar days after the approval by the Agency of the
Homebuyer Application; and
(d) The Agency shall have reviewed and approved the Qualified Homebuyer for
the Agency Down Payment Assistance Loan in the Agency's sole discretion,
and the eligibility conditions in the applicable sections of the HAP Manual
shall have been satisfied. In accordance with the Neighborhood Stabilization
Program, the Rehabilitated Home is not restricted for sale to first-time
homebuyers; therefore, these properties are exempt from the requirements in
Section II. B. 1. of the HAP Manual; and
(e) No stop notice or mechanics' lien shall have been filed against the
Rehabilitated Home unless discharged as provided by law.
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EXHIBIT "J"
Events of Default and Remedies
A. Events of Default
The occurrence of any of the following shall, after the giving of any notice described
therein, constitute a default by the Consultant hereunder("Event of Default'):
(1) The failure of the Consultant to pay or perform any monetary
covenant or obligation under the Agreement or any of the documents executed in
connection herewith, without curing such failure within ten (10) calendar days after
receipt of written notice of such default from AHS (or from any party authorized by AHS
to deliver such notice as identified by AHS in writing to the Consultant);
(2) The failure of the Consultant to perform any non-monetary
covenant or obligation hereunder or any of the documents executed in connection
herewith that results in a material adverse effect to AHS, without curing such failure
within thirty (30) calendar days after receipt of written notice of such default from AHS
(or from any party authorized by AHS to deliver such notice as identified by AHS in
writing to the Consultant) specifying the nature of the event or deficiency giving rise to
the default and the action required to cure such deficiency; provided, however,that if any
default with respect to a non-monetary obligation is such that it cannot be cured within a
thirty-day period, it shall be deemed cured if the Consultant commences the cure within
said thirty-day period and diligently prosecutes such cure to completion thereafter.
Notwithstanding anything herein to the contrary,the herein described notice requirements
and cure periods shall not apply to any Event of Default described in Sections (3)through
(6)below;
(3) The falsity of any representation or breach of any warranty or
covenant made by the Consultant under the terms of this Agreement or any documents
executed in connection herewith;
(4) The Consultant or any constituent member or partner, or majority
shareholder, of the Consultant shall (a) apply for or consent to the appointment of a
receiver, trustee, liquidator or custodian or the like of its property, (b) fail to pay or admit
in writing its inability to pay its debts generally as they become due, (c) make a general
assignment for the benefit of creditors, (d) be adjudicated a bankrupt or insolvent or (e)
commence a voluntary case under the Federal bankruptcy laws of the United States of
America or file a voluntary petition that is not withdrawn within ten (10) calendar days
after the filing thereof or an answer seeking an arrangement with creditors or an order for
relief or seeking to take advantage of any insolvency law or file an answer admitting the
material allegations of a petition filed against it in any bankruptcy or insolvency
proceeding;
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(5) If without the application, approval or consent of the Consultant, a
proceeding shall be instituted in any court of competent jurisdiction, under any law
relating to bankruptcy, in respect of the Consultant or any constituent member or partner,
or majority shareholder, of the Consultant, for an order for relief or an adjudication in
bankruptcy, a composition or arrangement with creditors, a readjustment of debts, the
appointment of a trustee, receiver, liquidator or custodian or the like of the Consultant or
of all or any substantial part of the Consultant's assets, or other like relief in respect
thereof under any bankruptcy or insolvency law, and, if such proceeding is being
contested by the Consultant, in good faith, the same shall (a) result in the entry of an
order for relief or any such adjudication or appointment, or (b) continue undismissed, or
pending and unstayed, for any period of ninety(90) consecutive calendar days;
(6) Voluntary cessation of the construction activities, active property
management, or marketing activities related to the Rehabilitated Home for a continuous
period of more than ten (10) calendar days or the involuntary cessation of the above
named activities in accordance with this Agreement for a continuous period of more than
thirty (30)calendar days;
(7) A mechanic's lien or any other type of encumbrance on AHS'
property resulting from the Consultant's failure to fulfill its financial or other contractual
obligations with respect to any of its vendors or subcontractors is not removed within ten
(10) calendar days after receipt of written notice of such default from AHS (or from any
parry authorized by AHS to deliver such notice as identified by AHS in writing to the
Consultant).
B. AHS Remedies:
Upon the occurrence of an Event of Default hereunder, AHS may, in its sole
discretion,take any one or more of the following actions:
(1) Withhold any payment of fees or reimbursement of eligible
expenses to the Consultant unless and until the Event of Default (if curable) is cured or
this Agreement is terminated in accordance with Section 9 of this Agreement;
(2) Demand reimbursement from the Consultant for any payments
made to it by AHS for which the contracted work product was not satisfactorily delivered
by the Consultant;
(3) Confiscate any material or other work product purchased or
produced by the Consultant during the course of completing the Scope of Work indicated
in this Agreement;
(4) Take any and all actions and do any and all things which are
allowed, permitted or provided by law, in equity or by statute, in the sole discretion of
AHS, to enforce performance and observance of any obligation, agreement or covenant
of the Consultant under this Agreement or under any other document executed in
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connection herewith;
(5) Upon the occurrence of an Event of Default which is occasioned
by the Consultant's failure under this Agreement to pay money, AHS may, but shall not
be obligated to, make such payment. If such payment is made by AHS, the Consultant
shall deposit with AHS, upon written demand therefore, such sum plus interest at the rate
of ten percent (10 1/o) per annum with interest to be compounded annually. In either case,
the Event of Default with respect to which any such payment has been made by AHS
shall not be deemed cured until such repayment (as the case may be) has been made by
the Consultant;
(6) Upon the occurrence of an Event of Default described in Section
A.(4) or A.(5) hereof, AHS shall be entitled and empowered by intervention in such
proceedings or otherwise to file and prove a claim for any amount owing to AHS under
this Agreement and unpaid and, in the case of commencement of any judicial
proceedings, to file such proof of claim and other papers or documents as may be
necessary or advisable in the judgment of AHS and its counsel to protect the interests of
AHS and to collect and receive any monies or other property in satisfaction of its claim.
C. AHS Default and Consultant Remedies:
Upon fault or failure of AHS to meet any of its obligations under this Agreement
without curing such failure within thirty (30) calendar days after receipt of written notice
of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency, the Consultant may, as
its sole and exclusive remedies:
(1) Bring an action in equitable relief seeking the specific performance
by AHS of the terms and conditions of this Agreement or seeking to enjoin any act by
AHS which is prohibited hereunder; and/or
(2) Bring an action for declaratory relief seeking judicial
determination of the meaning of any provision of this Agreement. Without limiting the
generality of the foregoing, the Consultant shall in no event be entitled to, and hereby
waives, any right to seek indirect or consequential damages of any kind or nature from
the Consultant arising out of or in connection with this Agreement, and in connection
with such waiver the Consultant is familiar with and hereby waives the provisions of
Section 1542 of the California Civil Code which provides as follows: "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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EXHIBIT "K"
Affirmative Marketing Requirements
In accordance with the California Fair Employment and Housing Act,the Consultant acting
as agent for AHS, the owner and seller of the Rehabilitated Home, in marketing the sale of
the Rehabilitated Home, must adhere to the following affirmative marketing guidelines in
order to create awareness for the general public and certain community groups as to the
availability of residential properties designated for lower- and/or moderate-income
households.
1. Provide an affirmative marketing plan and procedures for the sale of the Rehabilitated
Home. Procedures to be used must identify how persons in the housing market area
who are not likely to apply for the housing without special outreach shall be informed
and made aware of available affordable housing opportunities.
2. The Consultant's Affirmative Marketing Plan shall consist of a written marketing
strategy designed to provide information and to attract eligible persons in the housing
market area to the Rehabilitated Home without regard to race, color, national origin,
sex, religion, marital and familial status, disability, medical condition, sexual
orientation, or ancestry. It shall describe initial advertising, outreach (community
contacts) and other marketing activities, which will inform potential buyers of the
availability of the Rehabilitated Home. It shall also outline an outreach program which
includes special measures designed to attract those groups identified as least likely to
apply without special outreach efforts (because of existing neighborhood racial or
ethnic patterns, location of housing or other factors) and other efforts designed to attract
persons from the total eligible population.
3. Insert Equal Housing Opportunity logotype, statement or slogan on all written
outreach tools (i.e., signs, advertisements, brochures, direct mail solicitations, press
releases, etc.)
4. In addition to the above, the Affirmative Fair Housing Marketing Plan shall outline:
a. Commercial Media to be used (i.e., community newspapers and non-English
language newspapers, radio, television, billboards, religious or local real estate
publications,etc.).
b. Marketing efforts to be used (i.e., brochures, letters, handouts, direct mail,
signs, etc.)
c. Community contacts to supplement formal communications media for the
purpose of soliciting those groups least likely to purchase the available housing
without special outreach efforts. They should be individuals or organizations
(i.e., service agencies, community organizations, places of worship, etc.) that
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P.�gcWasUgcr AIIwh=wMgco AnwM1m Mg= Am 2010`03-15.101EC CDerabpmcm Ap m-FigWd
have direct and frequent contact with those identified as least likely to apply.
The contacts should also be chosen on the basis of their positions of influence
within the general community and the particular target group. AHS and its
designees must agree to establish and maintain contact with the identified
contacts.
5. The Consultant shall maintain records of all prospective homebuyer applicants,
including their race, ethnicity and gender, reasons for denial of application, placement
on a waiting list,etc.
6. The Consultant shall also provide for the selection of applicants from a written
waiting list in the chronological order of their application, insofar as is practicable,
and provide prompt written notification to any rejected applicants of the grounds for
any rejection.
7. The Consultant shall apply for first trust deed financing to be applied towards the
purchase of the Rehabilitated Home from a lender listed on the Agency's or AHS'
Approved Lender List.
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EXHIBIT "L"
Building Requirements
1
1
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MR D uril a ti1111U,
ECONOMIC DEVELOPMENT AGENCY
Neighborhood Stabilization Program
"Minimum Building Standards"
June 2009
Table of Contents
1000-General Requirements...................................................................................................................... 1
1010-General............................................................................................................................................1
1020-Terminology....................................................................................................................................1
1030-General Quality Requirements..................................................................................................... 1
1040-Substitutions/Aitematives............................................................................................................2
1050-Optional Green Building Practices..............................................................................................3
1100-Temporary Facilities and Temporary Controls..............................................................................3
1110-Site Usage......................................................................................................................................3
i., 1200-Project Closeout.................................................................................................................................4
1210-Final Cleaning................................................................................................................................4
1220-Operations Manuals and Warranties..........................................................................................5
1230-Systems Startup............................................................................................................................5
2000-Building Sitswork/Site Preparation................................................................................................5
2010-Site Clearing and Demolition........................................................................................................5
2020-Site Earthwork................................................................................................................................5
2040-Site Hazardous Waste Remediatlon...........................................................................................6
2100-Site Improvements.............................................................................................................................6
2110-Roadways.Driveways,and Walkways.......................................................................................6
2150-Fencing...........................................................................................................................................7
2150-Landscaping...................................................................................................................................8
2200 Site Civil/Site Utilities.........................................................................................................................8
2210-Utilities.............................................................................................................................................a
3100-Selective Demolition..........................................................................................................................8
3110-Building Elements Demolition......................................................................................................a
3120-Hazardous Components Abatement..........................................................................................10
4000-Foundations.......................................................................................................................................10
4010-Standard Foundations..................................................................................................................to
4030-Slabs on Grade..............................................................................................................................11
6000-Superstructure...................................................................................................................................11
5010-Framing/Wood............................................................................................................................11
6100-Exterior Enclosure............................................................................................................................12
5110-Exterior Walls.................................................................................................................................22
5111 —Stucco/Plaster.........................................................................................................................12
5112—Exterior Insulation....................................................................................................................12
5113—Caulking and Joint Sealants...................................................................................................13
5120-Exterior Windows..........................................................................................................................13
5130-Exterior Doors/Garage Doors....................................................................................................14
5140-Flashing...........................................................................................................................................16
5200—Roofing ..............................................................................................................................................16
5210-Roof Coverings..............................................................................................................................16
5220—Gutters and Downspouts............................................................................................................16
6000-Interior Construction ........................................................................................................................17
6010—Partitions/Ceilings......................................................................................................................17
6011 —Interior Insulation.....................................................................................................................17
6012-Drywall........................................................................................................................................17
6020-Interior Doors.................................................................................................................................18
7000-Finishes..............................................................................................................................................18
7010—Ceramic Tile..................................................................................................................................18
7020-Floor Finishes................................................................................................................................19
7030-Ceiling Finishes.............................................................................................................................20
7040-Painting...........................................................................................................................................20
8100—Furnishings.......................................................................................................................................24
8110—Carpentry,Cabinets,and Millwork.............................................................................................24
9000—Plumbing, Mechanical,Electrical...................................................................................................25
9010-Plumbing Fixtures.........................................................................................................................25
9020-Domestic Water Distribution.......................................................................................................26
9030-Sanitary Waste...............................................................................................................................26
9100-Heating,Ventilating,and Air Conditioning(HVAC)......................................................................27
9110—Heating and Ventilating...............................................................................................................27
9200—Fire Protection Systems..................................................................................................................28
9210—Fire Protection Specialties..........................................................................................................28
9300-Electrical Systems.............................................................................................................................28
9310-Electrical Service and Distribution.............................................................................................28
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 1 of 28
1000—General Requirements
1010 —General
.1. These Minimum Building Standards (Standards) have been developed by the City of
San Bernardino Economic Development Agency (EDA) for use on the Neighborhood
Stabilization Program (NSP).
.2. These Standards shall apply to all properties covered by the NSP.
.3. All materials, supplies, costs of permits, and labor to complete the specified
rehabilitation or repairs, shall be the responsibility of the Builder/Developer unless
specified otherwise by the EDA.
.4. Any drawings or sketches which may be furnished by the EDA or required by the
Builder/Developer are intended to clarify or further describe the propert. Should the
Builder/Developer find discrepancies in, or omissions from, these drawings or sketches
or should he/she be in doubt as to their meaning, they should contact the EDA for
clarification. Because of the nature of work being done, some details of sketches or
drawings may be"typical'and grades, dimensions and exact existing conditions must
be verified at the property before commencing work.
.5. Any additional work that EDA want the Builder/Developer to do should be done after
completion of the Rehabilitation work, if at all possible. A separate contract will be
signed between the EDA and Builder/Developer before the work is to start.
1020 -Terminology
.1. When used in these Standards, the following definitions shall apply:
A. Install -The item referred to shall be installed with all necessary hardware, trim,
fittings, and material necessary to make ready for use. All material shall be new.
B. Replace -The existing item referred to shall be removed prior to installation of
the new item.
C. Trim -When used in conjunction with painting, includes roof vents and pipes,
eaves, molding, casing, underside of all doors, and any items other than walls
and ceilings.
D. Rehabilitation -All repairs to or replacement of present elements of an existing
building, such as windows, stairs, flooring, or wiring; rearrangement of rooms by
the relocation of partitions or by the installation of new bathrooms and kitchens;
or the general replacement of the interior of a building. This may or may not
include changes to structural elements such as floor systems, columns or load
bearing interior or exterior walls.
1030 -General Quality Requirements
.1. In order to establish standards of quality, the Standards may refer to certain products
by name and/or catalog number. This procedure is not to be construed as eliminating
from competition other products of equal or better quality by other manufacturers, at
approximately the same cost.
City of San Bernardino
Economic Development Agency -
Neighborhood Stabilization Program
Minimum Building Standards
Page 2 of 28
.2. All material and each part or detail of the work shall be subject at all times to
inspection by the EDA, and the Builder/Developer will hold to the true intent of the
Standards in regard to-quality of material, workmanship, and the diligent execution of
the contract.
.3. Materials installed shall be of such kind and quality to ensure that the dwelling will
provide acceptable durability, economy of maintenance and adequate resistance to
weather, moisture, corrosion and fire. The EDA may request evidence of a material's
compliance with the requirements of the structure's plans and specifications and these
Standards. Product labels are considered acceptable evidence.
A. The EDA may require that the BuilderlDeveloper carry out a durability evaluation
or conduct a building assessment to determine it the materials to be used comply
with any green strategies
.4. All work shall be executed by skilled craftsman, experienced in their trade, and in
accordance with accepted practices of their trade. All work shall be of the highest
standards and methods.
.5. Unless specifically noted otherwise, all construction methods and materials used shall
conform to the California Building Code as adopted by the City of San Bernardino and
shall be done in accordance with any other ordinances passed and adopted by the
City of San Bernardino (i.e., zoning codes, fire codes, etc.). This includes all repairs,
finishes, fixtures, and new work.
.6. All plumbing and gas work shall be done in accordance with the Uniform Plumbing
Code as adopted by the City of San Bernardino.
.7. All heating and cooling work shall be done in accordance with the Uniform Mechanical
Code as adopted by the City of San Bernardino.
.8. All electrical work shall be done in accordance with the national Electric Code as
adopted by the City of San Bernardino.
.9. Where work involves colors, the Builder/Developer will provide the EDA with samples
of all colors for the particular item (roofing, stucco, paint, stain, flooring, etc.), and the
EDA will select the color and finish by initialing the color sample and state for
whattwhere it will be used (exterior, interior, fascia, soffit, trim, doors, ceiling, walls,
etc.). A maximum of three colors each may be selected for exterior and interior.
.10. If the EDA has agreed to correct certain specified existing code violations,which are to
be excluded from the work done by the Builder/Developer, the work on such violations,
if done at the same time the Builder/Developer is on the job, shall be coordinated by
the EDA and Builder/Developer so as to provide for a smooth flow of the work.
1040 -Substitutions/Alternatives
.1. The Builder/Developer shall furnish a list of any proposed desired substitutions prior to
the signing of the contract.
.2. These standards are intended to encourage the use of new or innovative technologies,
methods and materials. Alternatives and non-conventional or innovative methods and
materials shall be equivalent to these standards in the areas of quality, durability,
economy of maintenance, operation and usability.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 3 of 28
.3. Certain conditions in the geographic area or on the site may justify modification of
specific standards, or make compliance with the standards impracticable or
impossible. In these cases, approval by the EDA is required.
1050- Optional Green Building Practices
1. Builder/Developers are encouraged to incorporate any green building practice that
offers an opportunity to create environmentally sound and resource-efficient buildings.
.2. In an effort to encourage modern, green building, and energy-efficiency improvements,
Builder/Developers are encouraged to incorporate HUD's healthy homes interventions
including these seven steps ensuring housing is made and kept:
A. Dry. Ensure proper drainage away from housing; clean repair gutters and
downspouts, repair leaks seal roofs and windows.
B. Safe: Install safety devices on doors, cabinets, window blinds and outlets;
provide adequate storage for all poisonous items out of reach of children and
labeled in the proper containers;install smoke detectors and carbon monoxide
detectors, have appropriate fire extinguishers available.
C Well-ventilated Service and maintain heating and cooling systems;provide
exhaust fans for kitchens, bathroom and dryers to the outside to reduce mold;
change furnace filters.
D. Pest-free: Provide proper storage and disposal for food products, caulk and seal
holes; use least toxic pest management methods.
E Contaminant-free: Remove lead based paint hazards property;provide test kits
for radon; reduce volatile organic compounds in paint, carpet, etc
F. Clean: Install dust walk-off systems in entry ways,provide smooth, cleanable
surfaces;provide effective storage space and containers;choose flooring that is
easy to clean.
G. Well-maintained Important maintenance calendar for inspecting, cleaning,
repairing, replacing housing componentsrsystems.
3 Throughout these Standards, the EDA has inserted opportunities in which green
building practices can be achieved
1100 -Temporary Facilities and Temporary Controls
1110—Site Usage
.1. All temporary facilities and controls required for the project shall be provided by the
Builder/Developer.
.2. The Builder/Developer will provide daily clean-up of all debris related to the work of the
project as required. Provide a dumpster on site for the duration of construction for
disposal of construction debris. All work area(s) shall be left broom clean at the end of
each work day.
.3. Immediately, at the end of the work, the Builder/Developer shall remove all of their
debris, rubbish, refuse, and unused material from the property and street.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 4 of 28
.4. The Builder/Developer will provide all temporary 6-foot high chain link safety and
security fencing for construction operations required for the work of this project.
Fencing shall conform to the following specifications:
A. 6-foot high chain link fence with 80% or greater green or black wind
screen/mesh.
B. Mesh shall be attached with hog rings.
C. Includes man and vehicle gates where required.
D. Gateposts shall be of size to accommodate the size of opening and its intended
purpose.
E. All gateposts shall be cored or driven into the ground.
F. Core holes shall be filled with concrete once temporary fence is removed. Slurry
seal all in A/C areas.
G. Fencing shall be set back beyond site work improvements.
.5. On-site materials pertaining to the project and partially completed roofs shall be
temporarily protected during inclement weather. It is the responsibility of the
Builder/Developer to maintain a watertight condition to prevent any water damage to
the building once the roof has been removed until it has been completely patched.
.6. The Builder/Developer shall provide temporary power as needed for the project.
.7. Provide and maintain dust and erosion control throughout the duration of the work and
as required for the work of the project.
.8. The Builder/Developer shall provide protection, acceptable to the EDA, for any existing
surfaces or equipment that have been selected to remain.
.9. GREEN OPPORTUNITY. Minimize the site disturbance during construction.
A. Control the impact area by designating vehicle parking farther from the site
B. Store building materials inside a garage or protected area.
C Protect all existing frees with fencing to include the drip line in an effort to avoid
over compaction of the soil around the trees.
1200 - Project Closeout
1210— Final Cleaning
.1. Prior to the final inspection, the Builder/Developer will provide final clean-up of the
building and property.
.2. Remove all plaster and paint smears and drops; clean all windows, screens, doors,
finished hardware and plumbing fixtures; polish all chrome, clean and polish all
countertops and Floor covering; throughout entire house - new and/or old. Provide
cleaning of all exterior surfaces including walls,windows, landscape areas, driveways,
and walkways.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 5 of 28
1220 — Operations Manuals and Warranties
.1. The Builder/Developer will obtain and fill in all necessary information on all warranties
where applicable, for manufactured products, materials and/or labor used in
connection with the project. He/she shall deliver the original warranties to the EDA
where appropriate copies will be made and the original will be delivered to the EDA
upon completion of the work. Any sections that need to be sent to the manufacturer to
validate the warranty, will be mailed as soon as possible.
.2 GREEN OPPORTUNITY, operation and maintenance manuals, and perform
training of users to properly instruct them on the green features of the property and
how to maintain them.
1230—Systems Startup
.1. Prior to turnover of building, Builder/Developer will conduct testing and startup of all
equipment new and/or old for verification of functionality.
.2. Builder/Developer will ensure that all equipment components (such as filters, bulbs,
batteries) are replaced prior to turn over.
2000 - Building Sitework/ Site Preparation
2010 - Site Clearing and Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect all existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
.3. Remove trees and plant materials, with EDA's approval, from areas to be cleared.
.4. Maintain protection of trees and plant materials which are to remain until completion of
work.
.5. Debris shall not be allowed to accumulate.
.6. Remove all unsightly trash and dangerous material (wood, metal, etc.).
2020 - Site Earthwork
.1. Placing of footings and foundations on earth fill will not be permitted. Fill excess cuts
under footings and foundations with concrete, and under slabs with tamped gravel.
.2. Excavations for footings shall be neat and accurately cut trenches to depths and
grades shown on drawings/plans. In the absence of drawings/plans, code
requirements shall govern.
.3. All grading around any structures shall have high spots lowered and low spots raised
to a minimum of 6" below top of floor slab; a minimum of 2' out with a slight slope from
structure.
.4. Site grading shall accomplish the following:
A. Allow drainage of surface water away from buildings and off-site.
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B. Minimize earth settlement problems.
C. Avoid concentrating runoff onto neighboring properties where erosion or other
damage would be caused.
D. Minimize erosion.
E. Minimize potential earth movement problems which might adversely affect
completed construction.
.5. GREEN OPPORTUNITY. Grades around structures shall maintain at least a 5% slope
away from the foundation.
2040—Site Hazardous Waste Remediation
.1. The property shall be free of hazards which may adversely affect the health and safety
of the occupants or the structural soundness of the improvements or which may impair
the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
2100 - Site Improvements
2110— Roadways, Driveways, and Walkways
.1. Surfaces and base courses for roads, streets, parking areas and walks shall be
durable materials. Their construction shall be in conformance with generally accepted
local design practices.
.2. Slabs for roadways, driveways, and walkways shall be designed and constructed in
accordance with standards set forth by the American Concrete Institute, and as may
be necessary to prevent slab damage due to potential soil movements.
.3. Provide for repairs and/or repairs of existing surfaces to match existing.
.4. These surfaces shall be installed with provisions for drainage. Adequate surface and
underground drainage systems shall serve all paving and improvements so as to
ensure continuing stable soil support for these improvements.
.5. Minimum width for driveways shall be 10', and sidewalks 3', if installed new; or if
replaced, to match existing if wider than 10'.
.6. All exterior concrete surfaces shall be a light broom finish with expansion joints
approximately every 12' (fiber material), with slope for drainage away from structure
and property.
.7. All flatwork expansion joints shall be filled with clear silicone sealant.
.8. Where soil and/or concrete for porches, steps and other work is in contact with
members, galvanized metal flashing, or solid sheathing and 15 lb. felt shall be
installed, or wrap and scratch coat applied.
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9. GREEN OPPORTUNITY Limit water runoff and maximize infiltration by avoiding
impervious surfaces and installing permeable drainage areas between sidewalks,
driveways, walkways, patios, and pathways.
A. Open matrix concrete grid pavers.
B. Specialized honeycomb substrates for gravel or turf.
C Pervious mixes of concrete or asphalt.
2150— Fencing
.1. Check all boundaries to ensure property lines are observed, and City Ordinances are
not violated (front yard, side yard, and back yard maximum heights).
.2. All post setting holes shall not be less than 24" deep and 6"diameter, at a maximum of
10' intervals. When adjacent to a foundation (walls), offset hole to obtain 24" depth,
and fill in any space larger than 2" between wall and post.
.3. Entrance walk gate shall be a minimum of 3'wide, and driveway gates a minimum of
12'wide; including all gate hinges and. padlock latch attachments.
.4. Wrought Iron
A. Posts to be 2"x 2"x .090 (16 gauge).
B. Top and bottom rails to be 1 '/"x 1 ''/2" (16 gauge).
C. Pickets to be %"x%"(16 gauge), 4"on center.
.5. Chain Link
A. All galvanized material.
B. 2-3/8" O.D. end, corner, and gate posts.
C. 1-5/8" O.D. line and corner diagonal posts.
D. 1-3/8"O.D. top rail, with bottom tension wire.
E. 11 gauge -2" mesh;to include all bands and wire ties.
.6. Wood Fence
A. All posts will be of galvanized material (unless otherwise specified).
B. 2-3/8"O.D. end, corner, and gate posts.
C. 1-5/8"O.D. line and corner diagonal posts.
D. Two 2 x 4 horizontal support rails.
E. Fencing as specified (redwood or cedar- minimum#2, two nails per rail).
.7. Block Wall
A. Shall be in accordance with the City of San Bernardino drawing on Garden &
Retaining Wall Standards available from the Building & Safety Department.
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2150 - Landscaping
.1. All trees and shrubbery identified to remain shall be trimmed. Trim to property line and
a minimum of 4' above roofing or structure; removing all debris.
.2. All trees and shrubs identified to be removed shall be cut to surface. Remove stump
and roots a minimum of 8" below surface; removing all debris, and fill in hole with soil.
.3. Natural site assets such as existing trees, shrubs, ground cover, must be preserved,
maintained, and protected whenever possible.
.4. Any existing assets lost due to the construction efforts and/or lack of protection will be
replaced with like kind and size at the Builder/Developer's expense.
5 GREEN OPPORTUNITY Create environmentally friendly lawns and landscaping by
A. Cover play areas with wood shavings.
B. Limit the amount of lawn space by installing naturalized plantings.
C. Provide alternative water sources.
D. Plant drought-tolerant landscapes
E. Plant shade trees in an effort to reduce the cooling loads required in the house.
* Consider planting edible plants.
G. Use water-conserving irrigation equipment where landscape irrigation is required.
i. Drip Irrigation.
ii Advanced irrigation controls like rain sensors
2200 Site Civil /Site Utilities
2210 - Utilities
.1. Underground piping and related items shall be protected from corrosion. Underground
mechanical and electrical systems shall be protectively coated to minimize corrosion
where soil conditions warrant. Where applicable, sacrificial anodes may be used.
.2. Sacrificial anodes may be used where soil resistivity does not exceed 15,000 ohm -
centimeters. Otherwise, an impressed current system of corrosion prevention shall be
used.
.3. Utilities and other facilities shall be independent for the property, without dependence
upon other properties.
3100 -Selective Demolition
3110 - Building Elements Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
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.3. Debris shall not be allowed to accumulate.
.4. The Builder/Developer shall remove all flooring finishes identified to be removed or
replaced. Including abatement of any materials designated as containing asbestos.
.5. Provide all roofing membrane removal as required for the removal of existing and
installation of new roof, equipment, and connections.
.6. The Builder/Developer shall provide shoring of all existing beams/structures being
modified prior to removing existing bearing walls.
.7. Remove all interior and exterior doors and/or frames that are identified for removal.
This activity shall be coordinated with the EDA in an effort to not leave any openings
un-lockable.
.8. Remove all window stops/putty, glass, glazing, and frames as required. Provide
demolition of existing sliding glass doors scheduled to be replaced.
.9. The Builder/Developer shall remove all structural and non-structural wood stud
/gypsum sheathing or wood stud / plaster partition walls, wing walls or portion of walls
determined to be removed.
A. All appurtenances identified to be removed / demolished on walls scheduled to
be removed/demolished shall be removed and disposed of by the
Builder/Developer.
B. Appurtenances identified to remain, shall be removed and re-installed by the
Builder/Developer.
.10. Any specific cutting and patching of drywall needed to install conduit or piping shall be
done by the Builder/Developer.
.11. The Builder/Developer shall remove all wall surface material or portions thereof from
interior and exterior walls for new framed openings such as but not limited to doors,
windows, recessed electrical panels, louvers, HVAC grills and ducts, backing, etc.
.12. The Builder/Developer shall provide removal of all existing spayed on acoustical
(popcorn) ceiling texture. Provide for asbestos abatement as necessary.
.13. The Builder/Developer shall remove existing casework and countertops, backing,
anchors, bases, shims, backsplash, etc. identified to be demolished and disposed of.
.14. Doors and windows must be able to be locked at the end of each day, or provide a
temporary secure panel (approved by the EDA) closing the opening at no additional
cost to the EDA. This also includes providing a temporary secure panel at all wall,
door or window openings scheduled to be removed.
.15. Removal of Ceramic tile shall include removal and replacement of wall substrate and
any existing mortar bed.
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3120 - Hazardous Components Abatement
.1. The property shall be free of those hazards which may adversely affect the health and
safety of the occupants or the structural soundness of the improvements or which may
impair the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
.2. The Builder/Developer shall provide all labor, material and equipment required to
complete the work related to the Hazardous Materials Abatement as required.
A. Provide all labor, material and equipment required to abate and legally dispose of
off-site all Asbestos Containing Materials (ACM) and Lead Containing Materials
including but not limited to pipe fitting insulation (elbows/ends), roof mastic,
flooring, flexible joints, doors, door frames, plaster walls, sinks, ceramic tile, etc.
B. Provide for the proper removal and disposal of PCB Ballasts and Fluorescent
Light Tubes:
I. It is assumed that all ballasts not labeled "No PCBs" are considered to
contain PCBs and therefore must be treated as hazardous waste. The
Builder/Developer shall disconnect the ballasts (those not labeled "No
PCB's")from the fixtures and is responsible for proper disposal/recycling.
ii. Mercury is present in fluorescent light tubes, which may be present
throughout the project areas. Mercury is considered a hazardous waste
and will be disposed of properly by the Builder/Developer.
4000 - Foundations
4010 -Standard Foundations
.1. Includes excavation, backfill, compaction, and installation of all foundations.
.2. Concrete materials for foundations shall be in accordance with City of San Bernardino
standards and shall be approved by the EDA prior to placement.
.3. Includes all formwork and accessories for all cast-in place concrete and cement
concrete pavement with shoring, bracing and anchorage, form accessories, form
stripping, and proper layout, location. Provide proper temporary support/shoring (as
required and/or needed).
.4. Furnish and install all reinforcing steel bars, welded steel wire fabric, fabricated steel
bar, slip dowels, or rod mats for all on-site cast-in-place concrete and cement concrete
pavement. Provide and install all necessary accessories as indicated.
.5. All vertical reinforcing steel protection shall be installed in accordance with CAL OSHA
codes and regulations. Maintain said protection throughout the duration of
reinforcement installation and until enclosed by finish material.
.6. When replacing existing concrete with new, the new concrete shall have at least the
same reinforcement as the existing.
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7 GREEN OPPORTUNITY: Provide foundation water management system.
8. GREEN OPPORTUNITY. Use concrete that contains a percentage of fly ash in place
of portland cement.
4030 -Slabs on Grade
.1. Concrete mixture shall be made of a 1-2-3 mix with plastic cement, sand, and 3/4"
rock. Ready mix will be a 5 sack. Minimum 2500 psi.
.2. Slabs shall be constructed in accordance with ACI 302.1 R-60, Guide for Concrete
Floor and Slab Construction, and as may be necessary to prevent slab damage due to
potential soil movements.
.3. Vapor retarders and base course shall be provided for all interior concrete slabs to
which a finish flooring is applied.
A. Acceptable base course materials are gravel, slag, crushed rock, sand, cinders
and certain types of earth when approved by the local EDA. See ASTM C-33-90,
Table 2.
B. Base course material shall be clean, washed and free from deleterious
substances, consistent with ASTM C-33, with 100% of the material passing a 1"
sieve and less than 2% passing a#4 sieve.
.1. All concrete slabs shall be a minimum of 3 '/d'thick(additions, garages, driveways,
sidewalks).
.2. All interior surfaces shall be troweled smooth.
.3. Includes excavation, backfill, compaction, and installation of all slabs. Completely
furnish and install all concrete accessories, colors, finishes, forming, admixtures,
reinforcement joint sealers, and curing compounds in accordance with the
Specifications.
5000 -Superstructure
5010 - Framing /Wood
.1. Framing and wood construction shall be in accordance with the latest edition of the
National Design Specification for Wood Construction.
.2. A chemical barrier must be provided for structures built in those areas where termites
are determined by the EDA to be a hazard. A physical barrier will also satisfy this
requirement where the hazard is presented by subterranean termites only.
.3. Where required by the EDA Field Office, protection against damage by decay shall be
provided.
4 GREEN OPPORTUNITY. Keep all untreated wood at least 12 inches above soil in lieu
of the code required 8 inches.
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5100 - Exterior Enclosure
5110 - Exterior Walls
5111 —Stucco/ Plaster
.1. The Builder/Developer shall investigate the condition of studs and ceiling joist to be
sure framing members comply with appropriate code.
.2. Install or reset all electrical boxes to new surface level.
.3. Exterior angles shall be protected with woven or welded wire fabric of equivalent
strength, or corner bead.
.4. A surface inspection is required after sandblasting and before re-stuccoing by the
EDA.
.5. Application:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days. (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and derby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than W in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat. (Example: complete brown coat on Tues., color
coat not to start until following Wed.).
D. Finish (color) coats: Portland Cement and Lime Finish Coats-Apply over base
coats which have set and surface-dry; lay on well, double back and fill out to a
true, even surface. Thickness shall be 1/16"to 1/8", then texture as specified.
E. When structure is to have lath/wrap and stucco over existing siding,the
Builder/Developer is to remove door and window casing; trim out with metal
edging or stucco molding, and seal.
F. Exterior lath/wrap to be applied as per California Building Code.
G. Stucco Color Coat: La Habra, Bauer, or equal.
5112 — Exterior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, USG; or equal.
! B. Proper sound insulation shall be used at all walls.
C. GREEN OPPORTUNITY. Use cellulose insulation.
i
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.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building & Safety Division of the City of San Bernardino.
.4. Attics:
A. If all exterior walls of house are not insulated, bring to R-38 rating (12").
B. If all exterior walls are insulated and/or new addition, insulate to R-30 rating (9").
C. GREEN OPPORTUNITY. All attic spaces are to receive insulation.
.5. Walls:
A. All exposed exterior walls and new addition, insulated to R-11 rating (3 '/2").
.6. Water Heater:
A. If it has access from outside or in garage, install R-6 rating insulation blanket and
wrap all exposed water lines with pipe insulation.
B. GREEN OPPORTUNITY: Provide insulation at all water heaters.
5113—Caulking and Joint Sealants
.1. Materials used for caulking and sealants shall be suitable for the use intended, and
shall be compatible with the materials to which they are applied and with any finish that
may be applied over them.
5120 - Exterior Windows
.1. When required shall be made easily openable, replace sash cords and weights or
install spring loaded sash balances, as necessary.
.2. Windows and operating hardware shall be installed in accordance with the
recommendations of the manufacturer.
.3. When aluminum single hung or slider window(s) is required and the frames are not to
be taken out, use International Window Corporation, Keller, or equal (block frame), to
fit existing opening. Caulk window frame before installing, including necessary trim.
.4. When new aluminum slider or single hung window(s) installation is required, provide
header(s),trimmers, flashing, International Window Corporation, Keller, or equal
(standard frame).
.5. Operating windows shall be manufactured units consisting of the frame, sill, sash,
weather-stripping, and operating hardware. Job site assembled windows composed of
frames and sashes made by different manufacturers are not acceptable.
.6. Glazing:
A. When replacing glass, thickness shall be as recommended by the manufacturer
for the specific use.
B. All bathroom windows shall be glazed with obscure glass.
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C. Glass set in wood shall be secured in place with springs or glazing points and
face puttied, wood and putty to be primed and painted.
D. Glass set in metal shall be secured in place with glazing clips, back and face
puttied with appropriate material, metal and putty to be primed and painted.
E. All glass shall be cleaned, with no cracks or rattles (new installation only).
F. Re-putty shall mean to replace all damage, loose, and missing putty.
7. Weather-stripping shall be properly fitted to eliminate excessive infiltration of dust,
snow, or rain.
.8. Screens:
A. Screens shall be installed on all openable windows.
B. When re-screening or new screens are required, they shall be aluminum frames,
aluminum screening; tight fitting and easily removed.
C. Nylon screens on newly installed windows and combination doors may be
acceptable, unless otherwise requested or stated.
.9. If a window of any kind must be installed into the wet area of the tub or shower
surround, it must:
A. Contain a sill made of material that is water impermeable , such as marble or
Corian, not tiled and grouted.
B. Have a sill that is pan-flashed or sealed.
C. Have frame made of moisture-tolerant material.
.10. GREEN OPPORTUNITY. Replace existing windows and provide new windows with a
high energy and low-e performance rating
11, GREEN OPPORTUNITY. Provide awnings, overhangs, or other shading devices on
exterior windows.
5130 - Exterior Doors/Garage Doors
.1. All exterior doors will be wood or metal finish (no hardboard). Primed/painted or
stained/varnished.
.2. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and lock securely.
.3. Doors shall fit opening and operate properly.
.4. All new door installation shall include new hinges and all necessary trim.
.5. Entry Doors:
A. Exterior entry doors shall be side-hinged doors not less than 3 ft. in width and 6
ft. 8 in. in height.
B. 1 %"solid core- Birch, Mahogany, Luan; unless existing jamb takes 1 3/8" door.
C. 3 each -4"x 4" butt hinges, unless existing jamb takes 1 3/8 '.00r, then 3-3'/"x
3 '/:" butt hinges.
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D. Exterior door frames shall be treated against decay.
E. Locks- Kwikset, Schlage, or equal.
.6. Garage Doors:
A. Steel frame construction.
B. Installing new garage hardware or replacement hardware shall comply with the
following safety notice:
... FOR YOUR SAFETY ...
California State Assembly#772 directed the Commission of Housing and
Community Development to change the appropriate rules and regulations in
ways that, "ARE REASONABLY NECESSARY TO PREVENT THE DEATH OR
INJURY OF PERSONS OR DAMAGE RESULTING FROM THE BREAKING OF
GARAGE DOORS SPRINGS". (quoted from Assembly Bill#772)
7. Weather-stripping shall be applied to all exterior doors and interior garage door.
.8. Weather-stripping shall be aluminum and vinyl. Install after surfaces are finished and
dry.
.9. Thresholds and door shoes shall be installed at all exterior doors and interior garage
doors and shall be aluminum thresholds, and aluminum/vinyl with drip cap door shoes
(channel type), sealed to be watertight.
.10. Exterior jambs will be rabbet type(ft wall thickness) and to include new wood (pine)
casing material. Replace stucco molding only if required.
.11. A safety door check shall be provided on all outward opening doors, including storm
and screen doors.
.12. Locking devices at doors and windows shall be as follows:
A. Each exterior doorway and each doorway leading to garage areas, terraces,
balconies, or other areas affording easy access to the premises shall be
protected by a door which, if not a sliding door, shall be equipped with a deadlock
using either an interlocking vertical bolt and striker, a minimum of 1.2 in. throw
dead bolt or a minimum 112 in. throw self-locking dead latch. Locks shall not
require the use of a key for operation from the inside.
B. All sliding doors, first floor and basement windows and windows opening onto
stairways, fire escapes, porches, terraces, balconies or other areas affording
easy access to the premises shall be equipped with a locking device. A sliding
door used as a main or service entrance shall be equipped with a keyed locking
device.
.13. Screens shall be aluminum/satin finish with latch set and pneumatic closure or equal.
.14. Security Screen—Jamb/frame will be 1' 1/4"x 1' 1/4" (18 gauge)with 3/4 x 3/4" center
framing (18 gauge) and heavy gauge metal screening. Combination (Bel-Aire) - Solid
core (no panels). 1 3/8"door, 3 -3%"x 3 Y:" butt hinges; 1 %" Locks- Kwikset,
Schlage, or equal.
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5140- Flashing
.1. Flashing shall have a service life at least equal to that of the assemblies into which it is
built.
.2. Counter flashing is considered exposed flashing and shall be constructed of sheet
metal.
.3. Alternate products or systems of bitumen-impregnated plastic or elastomeric materials
may be used for flashing if they are installed in accordance with the manufacturer's
recommendations and are acceptable to the EDA.
.4. All openings between wood or metal and masonry shall be caulked with a non-
hardening caulking compound.
5200 — Roofing
5210 - Roof Coverings
.1. Strip- Means to remove "all" roofing material to sheathing, with inspection of sheathing
prior to installation of new roofing.
.2. The Builder/Developer shall guarantee the owner to maintain the entire roofing, and
counterflashing in a watertight condition for a period of fifteen years.
.3. Shingles—
A. Shall be fiberglass of 151b. felt.
B. New metal 1 Y:" drip edge and roof jacks (form over shingles, seal around all
pipes).
.4. Built- Up/ Roll Roofing Cap
A. Roll roofing cap to be a minimum of 90 lb. roofing paper and must bear a class
"C" UL listing.
B. One 90 lb. cap sheet to be installed over two layers of 15 lb. felt paper, saturated
with at least 20 lb. of hot mopped tar, between layers.
C. All base sheets to be well nailed with approved galvanized nails providing a
minimum 3/4" penetration into a firm solid sheathed surface.
D. New metal M."drip edge and roof jacks.
5 GREEN OPPORTUNITY. Provide reflective (high-albedo) roofing systems with an
Energy Star rating.
5220—Gutters and Downspouts
.1. Gutters and downspouts shall be provided at all projects.
.2. Gutters and downspouts- Shall be a minimum of 26 gauge galvanized metal, or vinyl
material.
.3. Gutters shall be sloped to downspout and supported a maximum of 3' apart.
.4. End caps, corner joints, splices, outlet tubes shall be soldered or have watertight
joints.
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.5. Downspouts shall be fastened at top, bottom, and approximately every 6', and directed
to drain away from the structure.
.6. Downspouts shall be sized on the basis of 100 square feet of roof surface to 1 square
inch of leader. More or less leader area may be required by the EDA.
.7. Scuppers shall be installed at the outfall end of a valley for special roof designs, such
as"butterfly" roofs.
.8. Scuppers shall be installed for overflow of all roofs enclosed by parapet walls.
9. GREEN OPPORTUNITY Provide a simple rainwater harvesting system for use on
irrigation.
6000 - Interior Construction
6010— Partitions/ Ceilings
6011 — Interior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, or equal.
B. GREEN OPPORTUNITY Use cellulose insulation
.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building & Safety Division of the City of San Bernardino.
6012 - Drywall
.1. When installation of drywall is specified, provide%" U.S. Gypsum wall board or equal,
unless otherwise specified.
.2. GREEN OPPRTUNITY Select drywall products with a high recycled content and use
taping materials and joint compound without hazardous additives that aid in drying and
setting.
.3. All joints and inside corners shall be taped; outside comers shall have corner bead
troweled with joint compound (a minimum of three coats, and smoothly sanded or
textured).
.4. If kitchen base cabinets, toilet or lavatory are removed, and the drywall is to be
replaced, it must be replaced with green board or equal.
.5. If tub surrounding drywall is to be replaced, it must be replaced with wonder(cement)
board.
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.6. All wall surfaces to receive ceramic tile shall receive wonder (cement) board or plaster
in accordance with the following:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and derby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than Y." in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat(Example: complete brown coat on Tues., color
coat not to start until following Wed.).
6020 -Interior Doors
.1. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and close securely.
.2. Doors shall fit opening and operate properly.
.3. All new door installation shall include new hinges and all necessary trim and hardware.
.4. Interior Hinged/Closet/ Bathroom Doors:
A. Shall be side-hinged doors not less than 1 3/8"thick.
B. At least 2 each 3 Y"x 3 Y:"butt hinges.
C. Locks- Kwikset, Schlage, or equal.
.5. Shower Door/Tub Enclosure:
A. Shower Doors— MAAX, Kohler, or equal. Seal around frame and walls.
B. Tub Enclosure - MAAX, Kohler, or equal. Seal around frame and walls
.6. Door stops installed at all swinging doors shall be solid (no coil springs).
.7. Interior jambs will be flat type (fit wall thickness) and to include new wood (pine)
material stop molding and casing (both sides).
7000 - Finishes
7010—Ceramic Tile
.1. Install ceramic tile where identified.
.2. Ceramic tile to be American Olean, Dal-Tile, or equal.
3 GREEN OPPORTUNITY Use ceramic the with high recycled content
.4. Submit a complete range of colors and types for the EDA's selection. One of each
color of type selected shall be retained by the EDA. All materials placed in the building
shall match such samples.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 19 of 28
.5. Applications and installation of adhesive, primer, caulking compound, and prepared
grout when used, shall be as recommended by manufacturer of the tile and in
accordance with these standard specifications.
.6. Ceramic tile shall be applied over a water-proof surface only(cement or wonder
(cement) board).
.7. At showers, the top of step shall have slight slope into shower.
7020 - Floor Finishes
.1. The Builder/Developer shall provide all necessary floor preparation of existing surfaces
to properly receive new flooring material.
.2. Sub-flooring shall be a minimum thickness of 3/4"plywood or lx boards.
.3. Underlayment shall have a maximum thickness 318"industrial particle board.
.4. Install all flooring per manufacturer's recommendation.
.5. Existing floor covering to be removed prior to installation of new floor.
.6. Provide underlayment when sub-flooring is in such a condition to warrant replacement.
Bathroom, kitchen, and laundry underlayment to be of water resistant material.
.7. Surfaces to receive flooring shall be clean, dry, smooth, even, and without defects.
.8. At Bathrooms, the toilet and lavatory cabinet shall be removed before flooring installed.
Reinstall toilet and cabinets.
.9. Install new baseboard or shoe after installation of flooring. If cove is required, it shall
be formed integrally of matching sheet material. Adhesives shall be as recommended
by manufacturer.
.10. Coat all concrete floors on earth grade with concrete primer as recommended by
manufacturer.
.11. Leveling compound and crack filler-As manufactured by Aetna Manufacturing
Company for concrete floors or equal.
.12. Linoleum (sheet goods) - FHA base cushioned,Armstrong -Cambray or equal.
.13. Vinyl Tile -Armstrong-Stylistic or equal.
.14. Carpet-260z.
A. Base, HUD/FHA bulletin UP-44c requirement.
B. Pad -5/8" rebond high plush, HUD bulletin UP-72 requirement.
.15. GREEN OPPORTUNITY: Provide greener carpeting such as:
A. Products made from natural materials;
B. Products that do not contain residues from dyes and finishes used in
manufacturing;
C. Products that do not have surface treatments to repel stains;
D. Products with documented low VOC offgassing;
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 20 of 28
E. Products with high recycled contents.
.16. Submit a complete range of colors and types for the EDA's selection.
7030 - Ceiling Finishes
.1. Ceilings shall be drywalled and painted. No sprayed on acoustical ceilings (popcorn)
will be allowed.
7040 - Painting
.1. Lead Content:
A. The definition states in part, "..... with respect to paint which is manufactured after
June 22, 1977, lead-based paint means any paint containing more than six one-
hundredths of one percent lead by weight(calculated as lead metal) in total non-
volatile content of the paint or the equivalent measure of lead in the dried film of
paint already applied".
B. All contractors and sub-contractors on rehabilitation activities will comply with the
Lead-Base Paint Regulation under 24 CFR Part 35, requiring:
i. The prohibition of the use of lead-based paint in the rehabilitation of
properties;
ii. The elimination of immediate lead-based paint hazards in residential
structures.
.2. All paint shall have low VOC levels.
.3. If exterior painting is required, caulk all exterior door and window frames to seal
completely. Remove all loose and deteriorated putty on windows and re-putty before
painting. When painting of exterior trim is specified, this shall include doors, windows,
all frames, eaves, soffits, porches and all appendages.
.4. If a paint to be used on exterior surfaces is not inherently mold resistant, a suitable
fungicide shall be included in the formulation.
.5. If repair of exterior surfaces is indicated, remove all broken and loose material by
raking out, scraping and sanding if necessary. Repair with proper material for area
being repaired, blending in with texture of area being repaired. Prime the repaired area
prior to painting.
.6. If interior painting is indicated, repair all cracks by W"scratch approximately 1/8"X
1/8" in walls and ceilings of all rooms being re-painted. Use proper type of patching
material for areas being repaired. Fill all cracks and holes solid and blend in repaired
areas with texture of surface being repaired. Prime cracked areas prior to painting.
When painting of walls and ceilings of a room is specified, this shall include all trim,
windows and door frames, closets, and cabinets(inside).
.7. All surfaces to be painted shall be free of dirt, dust, grease before painting is started.
All knots, pitch streaks, and sappy spots shall be first sealed with shellac or sealer
approved for use with materials as specified, before subsequent coats are applied.
Each coat shall be allowed to dry before subsequent coat is applied.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 21 of 28
.8. If it should become necessary, in order to give good coverage because of surface
condition of the paint color(s), it is the obligation of the Builder/Developer to apply
sufficient coats to obtain complete coverage.
.9. All new drywall shall be primed with one coat of Drywall Sealer/Primer before the
application of the finish coat, unless otherwise specified.
.10. Paint to be Dunn-Edwards, Glidden, Sinclair or equal. EDA to select color(s) and
finish.
11. Paint for kitchen, service area, bathroom(s) to be a durable and washable gloss finish
(unless EDA requests a semi-gloss).
.12. Stain— Exterior/interior application (Minwax, Behr, or equal).
.13. Varnish - Exterior/interior application (Behr, Varathane Elite, or equal).
.14. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.15. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.16. Paint application shall consist of two coats on old material, and three coats on bear
wood or new material. The top and bottom edges of interior doors shall be sealed
(painted or varnished)with one coat, exterior doors with two coats.
.17. Application of paints, stains, or other coating systems shall be in strict accordance with
manufacturer's directions and shall comply with the following:
A. Exterior Wood Siding, Millwork and Trim
i. Knots, resinous wood, and nail holes shall be sealed with a prepared
sealer or aluminum paint prior to puttying and priming. Any nail holes or
cracks in surfaces to be painted shall be filled with putty.
ii. A prime coat shall be applied to all surfaces to be painted before or
immediately after installation. Primer shall be formulated specifically for
application to unfinished wood. Finish coats formulated to serve as
primers may be used.
iii. One of the following finish systems shall be applied. Coverage shall be
that which will provide at least the minimum thickness recommended by
the manufacturer.
a. Oil paint systems.
b. Latex paint systems.
c. Pigmented stains as per manufacturer's directions.
d. Clear penetrating preservatives or water repellent finishing
systems.
iv. The top and bottom of exterior wood doors, casement sash, awning sash
and the bottom of double hung sash shall receive two coats of paint or
sealer.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 22 of 28
V. Prior to erection, all edges of vertical siding shall be sealed with a heavy
coat of house paint primer, water repellent stain, exterior aluminum house
paint or sealer. Wood batten strips shall be backed-primed or sealed.
B. Wood Shingles, Shakes, Rough-sawn Siding.
I. Two coats of oil stain, pigmented oil stain, or an oil shingle paint shall be
applied.
C. Hardboard and Softwood Plywood Siding.
L These sidings shall be finished in accordance with the manufacturer's
direction.
D. Wood Porch Floors and Decks.
L One coat of primer and two coats of floor and deck enamel designed for
exterior use shall be applied. Joints between floor and wall shall be
caulked.
E. Unfinished Surfaces.
L Shingles and board siding of vertical grain cedar, redwood and bald
cypress may be left unfinished.
F. Exterior Concrete Masonry Units or Concrete Brick
I. At least two coats of masonry paint shall be applied.
ii. Concrete masonry units or concrete brick, except small areas of
foundation walls, shall be painted to provide a water resistant finish.
iii. High density concrete brick or solid split block forming the outer face of
double unit walls(veneer, cavity walls, etc.) may be left unpainted when
acceptable to the EDA.
G. Exterior Galvanized Steel or Iron
L Field painting shall consist of two coats. One coat shall be a primer
formulated specifically for galvanized surfaces, and the second coat shall
be a finish coat. A finish coat formulated to serve as a primer may be
used as the first coat.
H. Exterior Steel, Iron or Terns Plate
ii. Steel or iron, except stainless steel, weathering steels, or steel treated
with coatings to provide corrosion resistance, shall be painted.
iii. A rust inhibitive primer and a finish coat shall be applied.
I. Interior Millwork and Trim
L All mill work and trim, including windows; interior doors; window, door and
base trim; paneling and closet shelving and trim shall be finished by
painting or natural finishing.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 23 of 28
ii. If the surface is open grain wood, it shall be filled or sealed to prevent the
grain from rising. Surfaces shall be treated with a primer. One or more
finish coats shall be applied to provide a smooth surface and good hiding.
iii. Natural finishes include stain-wax, stain followed by one or more coats of
varnish, clear coats of varnish with or without wiped paint undercoats or
oil and wax finishes.
J. Wood Floors
i. If Flooring is open grain wood, one coat of filler shall be applied. All
excess shall be wiped off.
ii. Flooring shall be finished with:
a. One or two coats of penetrating sealer and one coat of wax; or
b. Two coats of varnish and one coat of wax; or
c. Two coats of polyurethane; or
d. One or more coats of factory-applied finish.
K. Interior Plaster and Gypsum -Walls and Ceilings
L Plaster surfaces may be painted, covered or left unfinished, except for
surfaces of kitchens and baths. If painted, a finished coat shall be applied
over a primer-sealer, unless finish coats are of the self-priming type.
ii. Gypsum wallboard shall be covered. If painted, one coat of wallboard
sealer shall be applied unless finish coats are of the self-sealing type.
Two finish coats shall be applied over the sealer. One finish coat, except
in kitchen and baths, may be acceptable if good coverage is obtained.
L. Interior Metal
L Non-ferrous metals or wrought iron may be painted or left unfinished.
Other metals shall be painted in accordance with 609-3.4.
M. Interior Concrete Floors
L If painted, at least two coats of resin emulsion paint, a solvent rubber
paint or a floor and deck enamel shall be applied. If oil paint is used, the
surface shall be neutralized before painting.
ii. A coat of wax shall be applied over paint, stain or an integral finish.
N. Wall Coverings
L Covering material shall be secured to a suitable base in accordance with
the manufacturer's directions.
ii. All rooms that have new wall covering installed will include molding, trim,
base, and painting (if required).
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 24 of 28
8100— Furnishings
8110—Carpentry, Cabinets, and Millwork
.1. All manufactured factory finished cabinets shall comply with ANSI A161.1-86,
Recommended Minimum Construction and Performance for Kitchen and Vanity
Cabinets, or with an equivalent standard.
.2. Workmanship: All interior wood finish, cabinet and casework shall be smooth dressed,
well sanded, and thoroughly cleaned before priming. All material showing machinery,
sandpaper, or other defacing marks will be rejected. Interior wood finish or cabinet
work shall not be installed on newly plastered walls until the plaster in that section is
reasonable dry and approved by the EDA.
.3. All interior wood finish, doors, frames, and other cabinet work or fixed wood equipment
shall be properly installed, level plumb, and true. Members shall be neatly and
accurately scribe in place, maintaining full lengths without splicing, except where the
use of full lengths would be impractical or impossible, and then if joined, butt joints
shall be beveled. Replacement and installation of new trim or molding shall match
existing in size and profile or otherwise be reasonably appropriate upon finished
installation.
.4. All cabinets (kitchen base and wall, bathroom lavatory, etc.) shall be a minimum of
birch plywood construction (stain grade quality), shop fabricated casework, with all
necessary hardware. Shelving shall not be less than 3/4" pine, plywood, or particle
board. Kitchen base cabinets shall have a built-in bread board.
.5. All cabinets and trim shall be scribe to contacting surfaces and shall be straight, plumb
level and in true alignment, closely fitted, and rigidly fastened in place.
.6. Countertops:
A. Top material shall be phenolic laminate, vinyl plastic covering, ceramic tile,
stainless steel or other material suitable for its intended use.
B. The top material shall be securely bonded to a reinforced steel core, to 5/8 in.
plywood, or to any other equivalent material.
C. At least a 3 in. back and end splash shall be provided against all abutting vertical
surfaces which are not water and grease resistant. When a back splash is
omitted, the joints at the juncture of the counter top and vertical surfaces shall be
tight and sealed.
D. All edges, including the sink and any built-in surface units, shall have a non-
corrodible metal molding or other suitable edging.
E. High Pressured Laminated Plastic(Formica or equal) - Shall be constructed with
a bullnose front edge, minimum of a standard back splash where it abuts walls,
and full length of cabinets. If laminated plastic ends at wall, provide end splash
(material must be identical to counter top original color). Scribe and closely fitted
to adjacent work, and securely anchored to cabinets. Installation of sinks shall
have required mounting Flange and sealed agains' 3aking. No butcher block
unless otherwise requested or stated by the EDA.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 25 of 28
F. Ceramic Tile- Shall be applied over a plastic cement base secured to 3/4"
exterior plywood secured to the cabinets. Raise front edge, minimum of a
standard back splash, and sealed at edges of full length cabinets. (See Ceramic
Tile Specification).
G. GREEN OPPORTUNITY. Countertops shall be made of natural stone (granite),
tiles, or manufactured solid surfaces (Corian).
.7. Interior woodwork:
A. Trim (D.F.) "B or better".
B. Shelving - Particle board or#2 shelving.
9000— Plumbing, Mechanical, Electrical
9010 - Plumbing Fixtures
.1. All fixture installation is to include trap, vent, faucets, and all trim necessary to mount
fixture in an approved manner, and to include repair of damaged areas affected by the
installation. When kitchen or lavatory faucet is replaced, it will also include risers.
Replace all angle stops.
.2. Fixtures:
A. Water closets- Deep bowl (round or elongated per EDA request). American
Standard - Hydra; Eljer—Titan; Kohler; or equal. Handicap (17" high). Must be
rated at no more than 1.6 gallons per flush.
i GREEN OPPORTUNITY: Use of a high-efficiency toilet that uses less
than 1.6 gallons per flush is recommended.
B. Bathtubs- 5' pressed steel-American Standard; Kohler, or equal
C. Lavatories—American Standard, Kohler, or equal.
D. Kitchen Sinks-Single or double compartment enameled cast iron - Kohler or
equal; Single or double compartment stainless steel (7" depth, 20 gauge
minimum thickness) -Sterling or equal.
E. Garbage Disposal- Insinkerator— Badger 2, 1/2 HP (3 year warranty) or equal.
F. Laundry Sinks-American Shower& Bath, or equal.
G. Faucets
i. Lavatory - Delta, Peerless, Kohler, or equal.
ii. Tub/Shower Diverter- Price Pfister, Kohler, or equal.
iii. Shower- Price Pfister, Kohler, or equal.
iv. GREEN OPPORTUNITY: Provide low flow faucets and shower heads or
fit standard faucets with a flow reducing aerator.
H. Bathtubs-5' Lasco; Hess Co; or equal.
I. Tub Wall Kits- Plaskolite, Elite; Nova, Seville; or equal.
J. Shower- Lasco, or equal.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 26 of 28
K. WATER HEATERS:
i. Shall be Reliance; Galaxie; Whirlpool; or equal, with an eight(8) year
warranty. Size shall be as required to service property.
ii. All shall have pressure/temperature relief valve with a drain line to the
outside; or if located on a concrete floor in center of house-
pressure/temperature relief valve and drain line shall be installed per
Building and Safety requirements.
iii. All units shall be secured to walls.
iv. All units shall be insulated.
V, GREEN OPPORTUNITY. Water heater should have a high-efficiency
rating.
9020 - Domestic Water Distribution
.1. Each dwelling shall be provided with a continuing and sufficient supply of safe water
under adequate pressure and of appropriate quality for all household uses, and one
that will not impair the functioning or durability of the plumbing system or attachments.
.2. Connection shall be made to a publicly owned or publicly controlled water supply
system that is adequate to serve the demands of the project.
.3. Provide all connections to risers or fixtures from top to mains so that the entire system
can be drained at low point.
.4. Provide hot water supply to all fixtures except water closets.
.5. Support piping from the building structure by means of hangers to maintain required
grading and pitching of lines and to prevent vibration.
6. GREEN OPPORTUNITY: All hot water lines shall be insulated.
7. GREEN OPPORTUNITY: Consider the use of PEX piping.
8. GREEN OPPORTUNITY. Provide a single-throw shut-off valve at service to clothes
washing machines. If machine located above a livable space, provide a floor drain and
shower pan under the washing machine.
9030 - Sanitary Waste
.1. Roto Root(clean) all drain lines to street through clean-out cap, roof vent, etc.
.2. Each dwelling shall be provided with a water-carried system adequate to dispose of
domestic wastes in a manner which will not create a nuisance or endanger the health
of the occupants or the public.
.3. Connection shall be made to a publicly owned or publicly controlled system that is
adequate to serve the needs of the project.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 27 of 28
9100 - Heating, Ventilating, and Air Conditioning (HVAC)
9110— Heating and Ventilating
.1. Heating and ventilating equipment shall be Trans; Bryant; Carrier; or equal, as
appropriate to the situation.
.2. GREEN OPPORTUNITY: Equipment should be rated as high effieciency.
.3. GREEN OPPORTUNITY. Evaluate existing heating and ventilation system and down
size or reconfigure to be more efficient. Do not oversize equipment.
.4. GREEN OPPORTUNITY: Consideration should be given to using equipment that
provides alternatives to conventional refrigerant, such as non ozone depleting HFC
refrigerants.
5 GREEN OPPORTUNITY Provide ceiling fans in bed rooms and living spaces.
.6. Provide wall thermostat with complete vent system, attic shield, roof jack, and gas
piping/shut-off valve.
7 GREEN OPPORTUNITY. Install programmable thermostats with both daytime and
nighttime setbacks. Separate control of different spaces into zones so that the unit
works more efficiently.
8. GREEN OPPORTUNITY Provide duct cleaning prior to turn over
.9. Install in an approved manner and location.
.10. Crawl Space Ventilation:
A. The space between the bottom of the floor joists and the earth under any building
(except such space as is occupied by a basement or cellar) shall be provided
with a sufficient number of ventilating openings through foundation walls or
exterior walls to ensure ample ventilation. Such openings shall be covered with a
corrosion-resistant wire mesh with a mesh size not greater than 1/2 in. nor less
than 1/4 in. in any dimension. The minimum net area of ventilating openings
shall not be less than 1 sq. ft. for each 150 sq. ft. of crawl space area.
B. One ventilating opening shall be within 3 ft. of each corner of each building where
such openings are required.
.11. Attic Space Ventilation
A. Cross ventilation shall be provided for each separate space. Ventilation
openings shall be protected against the entrance of rain and snow.
B. The ratio of the total net free ventilation area to the area of ceiling shall be not
less than 1/150, except that the ratio may be 1/300 if:
I. A vapor retarder having a transmission rate not exceeding one perm is
installed on the warm side of the ceiling;
ii. Between 25 and 50 percent of the required ventilating area is provided by
vents located in the eaves or cornices with the balance of the required
ventilation provided by ventilators located at least 3'-0" above the vents in
the eaves or cornices; or
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 28 of 28
iii. The attic space is accessible and suitable for future habitable rooms or
walled-off storage spaces have at least 50% of the required ventilating
area located in the upper part of the ventilated spaces as near the high
point of the roof as practicable and above the probable level of any future
ceiling.
9200 - Fire Protection Systems
9210- Fire Protection Specialties
1. Provide smoke detectors that are U.L. approved; First Alert SA1501-T, or equal. Hard
wire will have battery back-up.
2. GREEN OPPORTUNITY Provide carbon monoxide detectors.
9300 - Electrical Systems
9310 - Electrical Service and Distribution
.1. When required, provide a new electrical service box/meter. All existing circuits shall
be checked out and split as required. All new loads, outlets, lights, etc., must be on
additional circuits, unless prior approval is received from the EDA.
.2. Electrical Service installed at location shall be as recommended by Edison Company.
.3. Check all services and verify all electrical service, circuits (marking panel if not done);
replacing all faulty outlets, switches, damage and missing cover plates; for house and
garage.
.4. When encountering non-complying wiring, it is to be removed in its entirety. This is to
include boxes, lights, old panels(unless used for junction box), etc.; and to include
repair, patching, and painting of all areas affected (to match existing)--ceilings, walls,
etc. All new wiring shall be concealed within walls, ceilings unless approval from the
EDA is obtained prior to installation.
5. GREEN OPPORTUNITY, All bulbs shall be fluorescent No incandescent lighting will
be allowed
6. GREEN OPPORTUNITY. Avoid recessed lighting. When required use insulation-
contact fixtures that seal tightly and allow insulation to be packed against them.
7. GREEN OPPORTUNITY Install dimmer switches at all living areas. Restrooms shall
have motion detector switches
8. GREEN OPPORTUNITY All low voltage (telephone, data, television) shall be run in
conduits to provide for future expansion andlor replacement.
AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO,INC.
DEVELOPMENT AGREEMENT FOR INTERMEDIARY SERVICES
[INLAND EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES]
This Development Agreement for Intermediary Services (the "Agreement") is made and
entered into as of March 15, 2010, by and between Affordable Housing Solutions of San
Bernardino, Inc. ("AHS"), a California 501(c)(3) public benefit corporation, and Inland Empire
Concerned African American Churches, a California 501(c)(3) public benefit corporation,
("Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. Supervision of Consultant. The AHS officers and or their assignee's designated
in Exhibit "F" attached hereto (collectively, the "AHS Representatives") shall be responsible for
the direction of any work to be performed by the Consultant and any other consultants or
subconsultants to AHS under this Agreement. The Consultant shall not undertake any work
under the terms of this Agreement, unless instructed to do so by any one of the AHS
Representatives. No other AHS representative is authorized by AHS to request services from the
Consultant, pursuant to this Agreement. Approval by any one of the AHS Representatives shall
constitute approval by AHS.
2. Term of Agreement. The term of this Agreement shall commence on the date
first appearing in this Agreement (the "Effective Date") and will terminate six (6) months after
this date, unless earlier terminated as provided in this Agreement. AHS will have the option to
extend the term of this Agreement at the sole option and discretion of AHS with the written
consent of the Consultant. AHS reserves the right through the actions of the Chief Executive
Officer or the Chief Operating Officer of AHS to terminate this Agreement at any time either
with or without cause and at the sole convenience of AHS upon delivery of notice of termination
to the Consultant; provided, however, that upon the effective date of any such termination, AHS
shall be responsible to pay and/or reimburse the Consultant for all services, materials and
supplies as may have been furnished to AHS prior to the date of the termination of this
Agreement in accordance with the Scope of Services as referenced in Section 3.
3. Scope of Consultant Services. AHS hereby retains the Consultant to provide the
professional consulting services set forth in the Scope of Services attached hereto as Exhibit"E"
and incorporated herein by this reference. The Consultant hereby agrees to perform the work set
forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant
shall perform the services as set forth on said Scope of Services within the time periods to be
identified by the appropriate AHS Representative. The Consultant shall comply with those
laws, regulations or ordinances governing fair housing and equal opportunity practices and the
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abatement of lead-based paint, asbestos and mold practices as required under the Neighborhood
Stabilization Program ("NHS") promulgated by the United States Department of Housing and
Urban Development("HUD")pursuant to the provisions of the Housing and Economic Recovery
Act of 2008, Public Law 110-289 — July 30, 2008, Title IH — Emergency Assistance for the
Redevelopment of Abandoned and Foreclosed Homes, Section 2301, et seq., as the same may be
hereafter amended, restated or supplemented from time-to-time, and the Notice of Allocations,
Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for
Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes Grantees under
the Housing and Economic Recovery Act, 2008 issued by HUD and found at the Federal
RegisterNol. 73, No. 194/Monday, October 6, 2008/Notices, as the same may be hereafter
amended, restated or supplemented from time-to-time (collectively,the"NSP Regulations")
4. Payment by AHS for Work Performed by the Consultant.
A. AHS shall compensate the Consultant for completion of the services described in
the Scope of Services set forth in Exhibit "E", "Scope of Services", in accordance with the
guidelines stipulated in Exhibit"H","Consultant Payment and Reimbursement".
B. The compensation designated in subsection 4.A. shall be the "Total Fee" for the
performance of the work and the delivery of the final work product materials, as set forth in the
Scope of Services for each property acquired directly or indirectly by AHS for which the
services were provided by the Consultant in accordance with this Agreement. The Total Fee
shall include, but not be limited to, the materials and salaries of all subcontractors and vendors
retained by the Consultant and all employees of the Consultant to perform work pursuant to this
Agreement and all general overhead expenses of the Consultant inclusive of all costs and
expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage,
copies and such other expenses related to completion of the work set forth in the Scope of
Services.
C. The Consultant shall invoice AHS for eligible predevelopment expenses and work
performed by the Consultant under this Agreement through funds draw requests submitted by the
Consultant in accordance with AHS's policies and procedures, and approved by AHS, on a
monthly basis, or on a more frequent basis if requested by the Consultant and approved by AHS,
with the first draw request occurring no earlier than two (2)weeks after the Effective Date.
D. The Consultant shall submit draw requests under this Agreement to:
Affordable Housing Solutions of San Bernardino, Inc.
Attention: Chief Operating Officer
201 North"E" Street, Suite 301
San Bernardino, California 92401
E. The Consultant's funds draw request shall set forth the cost of any direct labor
and materials incurred in performance of the Scope of Services, the appropriate portion of fees
described in Exhibit "H", as applicable, the cost of any permits or licenses required to perform
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the Scope of Services, and any other costs approved by AHS. Each draw request submitted by
the Consultant shall include copies of all third party invoices for any subcontractors or other
consultants hired, any invoices for materials, any conditional and unconditional lien releases for
invoices submitted by subcontractors or other consultants, and any forms or documents provided
by AHS that AHS requires to be included as part of the Consultant's draw request. All funds
draw requests shall be signed by the Consultant and approved and signed by an AHS
Representative or an AHS designated agent. Upon receipt of the Consultant's draw request
package, AHS shall review the draw request package and notify the Consultant whether it
approves of the draw request within three (3) working days after receipt of the draw request.
AHS shall issue a check or wire transfer to the Consultant equal to the total amount of those
costs included in the draw request and approved by AHS.
5. Records Retention. Records, maps, field notes and supporting documents and all
other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by
the Consultant and shall be made available to AHS for examination and for purposes of
performing an audit for a period of five (5) years from the date of expiration or termination of
this Agreement or for a longer period, as required by law. Such records shall be available to
AHS and to appropriate county, state or federal agencies and officials for inspection during the
regular business hours of the Consultant. If the Consultant does not maintain regular business
hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m.
Monday through Friday, excluding federal and state government holidays. In the event of
litigation or an audit relating to this Agreement or funds paid to the Consultant by AHS under
this Agreement, such records shall be retained by the Consultant until all such litigation or audit
has been resolved.
6. Indemnification. The Consultant shall defend, indemnify and hold harmless
AHS, its officers, employees, representatives, and agents (collectively, the "Indemnified
Parties") from and against any and all actions, suits, proceedings, claims, demands, losses, costs
and expenses, including audit fees and other audit related costs, legal costs and attorneys fees, for
injury or damage of any type claimed as a result of the acts or omissions of the Consultant, its
officers, employees, subcontractors and agents, arising from or related to performance by the
Consultant of the work required under this Agreement; provided, however, in no event shall the
Consultant be liable to the Indemnified Parties in the event that any such actions, suits,
proceedings, claims, demands, losses, costs and expenses result from the gross negligence,
fraudulent conduct or willful misconduct of the Indemnified Parties, or any one of them.
Moreover, the Consultant shall not be liable to the Indemnified Parties for defects not normally
identified.
Notwithstanding the foregoing, under no circumstances shall the Consultant be liable to
the Indemnified Parties as a result of the failure of AHS to provide to the Consultant any
amounts due to the Consultant in accordance with this Agreement, unless such failure was the
result of gross negligence, fraudulent conduct or willful misconduct on the part of the
Consultant.
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P:UgerdaaUgeMaAnmhmentMgmdeNoR MskAgtmis OA WIM-15.10@C C Development Agreemem-flo .dw
Notwithstanding anything to the contrary provided in this Agreement, it is specifically
understood and agreed, such agreement being a primary consideration for the execution of this
Agreement by the Consultant, that there shall be absolutely no personal liability on the part of
any shareholder, director, officer, manager, member or employee of the Consultant with respect
to any of the terms, covenants and conditions of this Agreement. The Agency hereby waives all
claims, demands and causes of action against the shareholders, directors, officers, members or
employees of the Consultant in the event of any breach by the Consultant of any of the terms,
covenants and conditions of this Agreement.
7. Insurance. The Consultant shall maintain insurance, as set forth in Exhibit "G"
to this Agreement, throughout the term of this Agreement, or in lieu of this insurance coverage,
the Consultant shall require its designated General Contractor to maintain such insurance as set
forth in Exhibit "G" and name the Consultant, AHS and the Redevelopment Agency of the City
of San Bernardino ("Agency") as Additional Insureds under such insurance. The Consultant
shall remain liable to AHS pursuant to Section 6 above to the extent the Consultant is not
covered by applicable insurance for all losses and damages incurred by AHS that are caused
directly or indirectly through the actions or inactions, willful misconduct or negligence of the
Consultant in the performance of the duties incurred by the Consultant pursuant to this
Agreement.
AHS shall maintain insurance against loss or damage to real property under an "all risk"
or "special form" property insurance policy, which shall include coverage against all risks of
direct physical loss, including loss by fire, lightning, terrorism, ordinance or law, and other risks
normally included in the standard ISO special form (which shall include flood insurance if the
property is located within a flood hazard area and which shall include earthquake insurance if the
property is located in an area where earthquake insurance is customarily maintained for similar
residential property). Such insurance shall be in amounts sufficient to prevent the Consultant
from becoming a co-insurer under the policy, and in any event, after application of deductible, in
amounts not less than 100% of the full insurable replacement cost.
8. Press Releases. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior written
consent of AHS, which consent shall not be unreasonably withheld. This Section 8 does not
apply to the advertising or other promotional materials used by the Consultant to sell the
Rehabilitated Home.
9. Default and Remedies.
A. The occurrence of any of the events listed in Exhibit "J", Section A.(1) through
(7), shall after the giving of any written notice described therein, constitutes a default by the
Consultant hereunder("Event of Default").
B. Upon the occurrence of an Event of Default, AHS may, in its sole discretion, take
any of the actions listed in Exhibit'7,Section B.(1)through(7).
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PUVndas\Agenda AM mMpMa 2010\01-1510@ "C Dwelopm Agnes -Final dw
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or any other
default by the other party.
D. The Consultant has the right to implement the remedies in Exhibit "P', Section
C.(1) and (2), upon the default or failure of AHS to meet any of its obligations under this
Agreement without curing such failure within thirty (30) calendar days after receipt of written
notice of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency.
10. Termination.
A. This Agreement may be terminated by either party for any reason by giving the
other party fifteen (15) calendar days' prior written notice. AHS shall pay the Consultant for all
work authorized by AHS and completed,prior to the effective termination date.
B. In the event of a termination of this Agreement, the Consultant shall provide all
documents, notes, maps, reports, data or other work product developed in performance of the
Scope of Services of this Agreement to AHS within ten(10) calendar days after such termination
and without additional charge to AHS.
C. In the event of the expiration or early termination of this Agreement for any
reason, AHS shall pay and/or reimburse the Consultant for all services, materials and supplies as
may have been furnished to AHS prior to the date of the termination of this Agreement.
11. Notice. All notices given hereunder shall be in writing. Notices shall be
presented in person or by certified or registered United States Mail, return receipt requested,
postage prepaid or by overnight delivery by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed effective on
the third (3`d) business day following the deposit of such Notice with the United States Postal
Service. This Section 11 shall not prevent the parties hereto from giving notice by personal
service or telephonically verified fax transmission, which shall be deemed effective upon actual
receipt of such personal service or telephonic verification. Either party may change their address
for receipt of written notice by notifying the other party in writing of a new address for
delivering notice to such party.
CONSULTANT: Inland Empire Concerned African American Churches
Attention: President
1777 West Baseline Road
San Bernardino, CA 92411
i_
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AHS: Affordable Housing Solutions of San Bernardino, Inc.
Attention: Carey K. Jenkins, Chief Operating Officer
201 North"E" Street, Suite 301
San Bernardino, California 92401
Phone: (909)663-1044
Fax: (909) 888-9413
12. Compliance with Law. The Consultant shall comply with all local, state and
federal laws, including, but not limited to, environmental acts,rules and regulations applicable to
the work to be performed by the Consultant under this Agreement. The Consultant shall
maintain all necessary licenses and registrations for the lawful performance of the work required
of the Consultant under this Agreement.
13. Nondiscrimination. The Consultant shall not discriminate against any person on
the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Agreement. Without limitation, the
Consultant hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status or national origin. Further, the
Consultant shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such
action shall include, but not be limited to,the following: recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, the Consultant shall not exclude from
participation under this Agreement any employee or applicant for employment on the basis of
age,handicap or religion in compliance with state and federal laws.
14. Consultant and each Subcontractor are Independent Contractors. The
Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its
subcontractors shall at any time or in any manner represent that it or any of its employees are
employees of AHS or any department, commission or subsidiary entity of AHS. AHS shall not
be requested or ordered to assume any liability or expense for the direct payment of any salary,
wage or benefit to any person employed by the Consultant or its subcontractors and vendors to
perform any item of work described in the Scope of Services. The Consultant is entirely
responsible for the immediate payment of all subcontractor liens.
15. Severabilitv. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
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16. Entire Agreement. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements between
the parties concerning the subject matters covered herein. The parties intend this Agreement to
be the final expression of their agreement with respect to the subjects covered herein and a
complete and exclusive statement of such terms.
17. Amendment or Modification. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto. Any
such modification or amendment shall be valid, binding and legally enforceable only if in written
form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution. Any such amendment or modification to be effective as to
AHS must be approved by its officers or designated representatives.
18. Governing Law. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. Non-Waiver. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
20. Assignment. This Agreement shall be assignable by the Consultant only if the
Consultant obtains the prior express written consent of AHS, which consent may be withheld by
AHS in its sole discretion. Notwithstanding anything to the contrary in this Agreement, no
purported assignment of this Agreement shall be effective if such assignment would violate the
terms, conditions and restrictions of any applicable governmental restrictions. AHS' consent to
such assignment shall be expressly conditioned upon (i) the assignee's execution of such
documents as required by AHS in its sole discretion, including, without limitation, any and all
documents deemed necessary by AHS to provide for said assignee's assumption of all of the
obligations of the Consultant hereunder and under any documents executed by the Consultant in
connection herewith, and (ii) AHS' approval of the financial and credit-worthiness of such
proposed assignee and the assignee's ability to perform all of the Consultant's obligations under
this Agreement and all documents executed in connection herewith, as may be determined by
AHS at its sole discretion.
21. Representations of Persons Executing the Agreement. The persons executing
this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and
bind the parties each purports to represent.
22. Execution in Counterparts. This Agreement may be executed in one (1) or
more counterparts, each of which will constitute an original.
23. Effectiveness of the Agreement as to AHS. This Agreement shall not be
binding on AHS until signed by an authorized representative of the Consultant, and approved
and executed by the Chief Executive Officer of AHS or his designee. The Agency shall provide
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eUge aMpe AtuchmmtMgmda MI M3-is-10� Cu e4MM A® em-Mul.doc
the Consultant with written notice of the approval of this Agreement upon Community
Development Commission of the City of San Bernardino ("Commission")action.
24. Conflicts of Interest. The Consultant hereby represents that it has no interests
adverse to AHS or the Agency, at the time of execution of this Agreement. The Consultant
hereby agrees that, during the tern of this Agreement, the Consultant shall not enter into any
agreement or acquire any interests detrimental or adverse to AHS or the Agency. Additionally,
the Consultant hereby represents and warrants to AHS and the Agency that the Consultant and
any partnerships, individual persons or any other party or parties comprising the Consultant,
together with each subcontractor who may hereafter be designated to perform services pursuant
to this Agreement, do not have and, during the term of this Agreement, shall not acquire any
property ownership interest, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements relating to AHS or the
Agency, property over which AHS or the Agency have jurisdiction or any members or staff of
AHS or the Agency that have not been previously disclosed in writing to AHS, and that any such
property ownership interests, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements will not adversely
affect the ability of the Consultant to perform the services to AHS as set forth in this Agreement.
AHS acknowledges and agrees that the foregoing shall not prohibit the Consultant or any
affiliates thereof from managing or applying for funds granted by HUD pursuant to the NSP and
allocated or awarded to jurisdictions outside of the City of San Bernardino, California, or from
receiving a direct grant of funds from HUD pursuant to the NSP.
25. Non-Exclusivity. This Agreement shall not create an exclusive relationship
between AHS and the Consultant for the services set forth in Exhibit "E" or any similar or
related services. AHS may, during the term of this Agreement, contract with other consultants
for the performance of the same, similar or related services as those that may be performed by
the Consultant under this Agreement. AHS reserves the discretion and the right to determine the
amount of services to be performed by the Consultant for AHS under this Agreement, including,
not requesting any services at all. This Agreement sets forth the terms upon which any such
services will be provided to AHS by the Consultant, if such services are requested by AHS, as
set forth in this Agreement.
26. Consequential Damages and Limitation of Liability. AHS and the Consultant
agree that except as otherwise provided in this Section 26, in no event will either be liable to the
other under this Agreement for any damages including, but not limited to, special damages, loss
of revenue, loss of profit, operating costs or business interruption losses, regardless of cause,
including, breach of contract, negligence, strict liability or otherwise. The limitations and
exclusions of liability set forth in this Section 26 shall apply regardless of fault, breach of
contract, tort, strict liability or otherwise of the Consultant and AHS, their employees or
subconsultants.
27. Business Registration Certificate. The Consultant warrants that it possesses, or
shall obtair mmediately after the execution and delivery of this Agreement, and maintain during
the period i time that this Agreement is in effect, a business registration certificate pursuant to
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PUgendu Wnda Ail nentsNgenda 3010A3-15-10 MCMC IkvelWp Ag nffl-Find dnc
Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses,
permits, qualifications, insurance and approvals of whatever nature that are legally required to be
maintained by the Consultant to conduct its business activities within the City.
[SIGNATURES ON FOLLOWING PAGE]
u
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
AHS
Affordable Housing Solutions of San Bernardino, Inc.
a California 501(c)(3)public benefit corporation
Dated: By:
Emil A. Marzullo,Chief Executive Officer
Approved as to Form:
By:
Timothy J. Sab6i Agency Counsel
CONSULTANT
Inland Empire Concerned African American Churches
a California 501(c)(3)public benefit corporation
Dated: By:
Name:
Title:
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Exhibit°A"
Legal Description
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Order Number: IW-3420550
Page Number. 6
l;
LEGAL DESCRIPTION
Real property In the City of San Bernardino, County of San Bemardino,State of Califomla,
described as follows:
LOT 42,TRACT NO. 3536, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 46 OF MAPS PAGE 56, RECORDS OF
SAID COUNTY.
i
APN: 0143-133-42
I
fbstAme ican Tide
Exhibit `B"
Total Development Cost Pro Forma
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EXHIBIT B TO DEVELOPMENT AGREEMENT
TOTAL DEVELOPMENT COST PRO FORMA
Acouistton Costs
List Price 44,500 Appraisal value before rehab
Discount 445 Amount of discount allowed by the seller
Purchase Price 44,055 Difference between List Price and Discount
Closing Costs 531 Escrow and Title Fees, etc.
Subtotal Acquisition Costs 44,586
Rehabilitation Costs
Direct Rehabilitation 54,460 Cost estimated to complete scope of work
Contingency 5,446
Property Management Fee I. 13,S92 Intermediary fixed fee for managing property
Subtotal Rehabilitation Costs 2. 73,498
Indirect Costs
Property Taxes 175 Property taxes incurred during holding period
Homebuyer Qualifying Fee 3. 800 Intermediary fixed fee per homebuyer
General Contractor Fee/Olacy Co. 4. '8,568 Intermediary Fee: fixed % of Dir. Rehab.+ Contingency
Sales Commission 5. '.4,500 Intermediary Fee: %of EDA Final Price
Sales Closing Costs 2,500 Escrow, title fees, taxes etc. at sale closing. Insurance
Subtotal Indirect Costs 6. 16,543
Financing Costs
Construction Loan Interest 7. 0 Interest paid on construction/rehab loan
Loan Origination Fee 8. ` 0 Fee for construction/rehab loan
Subtotal Financing Costs 9.
TOTAL DEVELOPMENT COST 10 134,627
Sales Price
Estimatd Rehabilitated Market Sales Price 75,000 Estimated value of home after rehabilitation
Total Development Cost 11. 134,627 Total cost calculated above(No. 10)
EDA FINAL SALES PRICE 12 75,000 The lower of market sales price or tot. dev. cost
Intermediary Proceeds
Property Management Fee 13. 13,592 From No. 1 above
General Contractor Fee/O.H. 14. 8,568 From No. 3 above
Homebuyer Qualifying Fee 15, 800 From No.4 above
Sales Commission Fee 16. 4,500 From No. 5 above
Reimbursement Const. Loan Int. 17. - From No. 7 above
Reimbursement Loan Orign. Fee 18. - From No. 8 above
TOTAL INTERMEDIARY PROCEEDS 19 27,460 Total of 13 through 18 above
Exhibit"C"
Rehabilitation Scope of Work
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EXHIBIT "C" TO DEVELOPMENT AGREEMENT
REHABILITATION SCOPE OF WORK
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
COST ESTIMATE WORKSHEET
Date: January 27, 2010
Time:
Location: 1519 W. Virginia Street, San Bernardino, CA 92411
Job Duration:
Estimator:
1 TEMPORARY FACILTIES
2 Remove Chain Line Fence 1 EA 180.00
3 EA
4 Other
5 SITE WORK
6 Final Cleaning 150.00
7 Exterior Demolition
8 Grading SF
9 Excavation SF
10 Remove damaged flat concrete in rear yard 1 EA 1,500.00
11 Approach: Remove and Install New SF
12 Sidewalk: Remove and Install New SF
13 Hazardous Waste Remidiation
14
15 New Wrought Iron Fence LF
16 New Chain Link Fence LF
17 New Wood Fence 210 EA 3,150.00
18 Remove/Install Block Wall LF
19 LANDSCAPING
20 Remove and/or Trim Trees 1 EA 700.00
21 Install Sprinkler System 1 EA 1,500.00
22 Hydro Seed Yard } SF
23 Level Front Yard 1 EA 100.00
24 INTERIOR DEMOLITION
25 Repair all damaged and removed Interior 1 EA 1,200.00
Plaster and Drywall
26 Removal of other items
27 HAZARDOUS COMPONENTS ABATEMENT
28 Lead
29 Asbestos
30 Mold
31 Other
32
33 FOUNDATIONS
34
35 Replace soffit, gable and crawlspace screens 1 ALL
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
36 Replace and Install New Access Door EA 100.00
37 Construct New Access Well with Door EA 100.00
38 Footings SF
39 Concrete SF
40 FRAMINGIWOOD
41 Studs LF
42 Other LF
43 EXTERIOR
44 Sandblast 1 SY 3,600.00
45 Colorcoat, repair all cracks, holes and } 1
46 damage areas SY
47 Wrap and Stucco SY
48 Insulation SF
49 EXTERIOR WINDOWS
50 Replace all windows with low-e 6 EA 2,040.00
51 Missing Putty EA
52 Install new screens EA
53 Replace broken glass panes EA
54 Remove and Install new aluminum EA
55 Block frame single hung or sliders
56 Replace front security door 1 EA 150.00
57 window EA
58 Aluminum- slider 4'x3'standard frame EA
59 Aluminum -slider 4'x3' block frame EA
60 Aluminum -slider hung 3'x4' standard EA
61 Aluminum -slider hung 3'x4' block EA
62 Aluminum -slider 5'x4' standard frame EA
63 Aluminum -slider 5'x4' block frame EA
64 Aluminum -single hung 3'x5' standard frame EA
65 Aluminum -single hung 3'x5' block EA
66 Aluminum -slider 3'x2' standard EA
67 Aluminum -slider 3'x2' block EA
66 Install vertical blinds on dining, LR & bedrooms 4 EA 300.00
69 EXTERIOR DOORS
70 Garage: Remove and Install ALL 650.00
71 Garage side door,jamg, casing & lockset 1 EA 325.00
72 Entry Door EA 325.00
Replace front door casing 1 EA
73 Replace mail boxt door 1 EA
74 ROOFING
75 Si. Complete tear off roof and sheathing 1
76 Installation of aluminized sheathe 1
77 Install compostion roof to code-30 Yr. 1 5,150.00
78 Replace all facia with new six inch fascia 1 450.00
79 Remove all Install gutter and
80 downspouts LF 180.00
81 INTERIOR CONSTRUCTION
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
82 Install R-30 Insulation in attic 1 EA 1,500.00
83 Drywall SF
84 Hollow-core interior door withhinges and 3 EA 465.00
Installation in an existing jamb. Hardboard
wood-textured and embossed
85 Repair bedroom closet doors 1 EA 150.00
86 Shower doors EA
87 Tub Enclosure EA
88 Laundry door EA
89 Other EA
90 FLOORING
91 Carpet Allowance 1 SY 1,200.00
92 Ceramic Tile SF
93 Linoleum 1 SY 600.00
94 Hardwood SF
95 Other
96 PAINTING
97 Prep and paint interior complete two coats 1 EA 1,250.00
98 Stains(kitchen, bath and other cabinets) SF
99 Repair all damaged SF
100 Paint exterior wood 1 EA 850.00
101 CARPENTRY, CABINETS AND MILLWORK
102 Remove and Install new cabinets 1 2,850.00
103 Install and Replace Formica Counter tops 1 EA 650.00
104 Repair framing and plaster as necessary 1 Fro 150.00
Repair hall closet doors & cabinets 1 EA 200.00
105 PLUMBING
106 Bathtub&Shower surround 1 EA 480.00
107 Lavatory 1 EA 250.00
108 Kitchen Sink 1 EA 160.00
109 Garbage Disposal 1 EA 80.00
110 Laundry Sink EA 50.00
111 Faucets kitchen, bath &shower 3 EA 350.00
112 Bathtubs EA
113 Tub Wall Kits EA
114 Shower EA
115 Water Heater 1 EA 400.00
116 Roto Root(clean)all drain lines to street ALL 150.00
117 Remove and Install new FA 150.00
118 Anti-syphon hose bibbs }
Replace cleanout cover at kitchen exterior 1 EA 50.00
Repair water leak at rear hose bib 1 EA 100.00
119 Interior water supply ball valve with 1 EA 150.00
pressure valve
120 HVAC
121 Install new system lincluding ducts& 1 EA 5,900.00
thermostat
122 Repair duct work LF
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
123 Repair HVAC Unit EA
124 Replace HVAC Unit EA
125 Remove wall heater 1 50.00
126 Other
127 ELECTRICAL
128 Remove and Install new light fixture 7 EA 3,700.00
129 Remove and Install new GFCI outlets EA
130 Remove and Install circuit/outlet EA
131 Install new GFCI outlet 3 EA
132 Remove and Install new circuit breaker EA
133 Remove and Install new wiring LF
(included with Item#45)
134 Cover Plates EA 50.00
135 Smoke detectors EA 375.00
136 Other
137
138 MISCELLANEOUS
139 Install new medicine cabinet, mirror, towel 1 EA 100.00
140 & paper holders
141 Hood vent&fan, stove, dish washer, garbage 1,500.00
142 disposal and
(ironing board cabinet-included in Item#49)
143 (allowance) 1 EA
162 Supervision 3,200.00
163
164
165
166
SUBTOTAL $48,960.00
Insurance Burden (General Liability&Workers Compensation 2.5%)
OVERHEAD& PROFIT (15%) $8,568.50
GRAND TOTAL GENERAL CONTRACTOR'S BASE BID $57,528.50
APPROVED OPTIONS
1 Remove Existing tile and Install Slate at Front Porch 650.00
2 Install Rear Yard Sprinklers 1,000.00
3 Repipe with Copper Plumbing 3,600.00
4 Replace Interior Base Moulding 250.00
OPTIONS TOTAL $5,500.00
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
Exhibit "D"
Project Timeline
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Exhibit"E"
Scope of Services
1. Secure Property-Ensure that adequate locked fencing is installed on the perimeter of the site
when necessary. Board up windows and outer doorways when necessary in order to prevent
looting and vandalism of the Rehabilitated Home.
2. Property Management- Maintain utilities service, pay for monthly utilities bill(s) during the
holding period (the Consultant will be reimbursed for this cost), interior and exterior
appearance and marketability of the Rehabilitated Home as needed.
3. Approved Budget - The approved budget includes the estimate of the costs the Consultant
expects to incur in order to complete the Scope of Work defined herein, provided in Exhibit
"B" (the "Total Development Cost Pro Forma"). This budget estimate includes all costs
associated with the rehabilitation of the Rehabilitated Home, including labor and materials
for rehabilitation work, contingency, the Project Management Fee, the General Contractor
Fee/Overhead, the Sales Commission Fee and the Homebuyer Qualifying Fee, includes the
cost of enrolling the prospective buyer of the Rehabilitated Home deemed qualified by the
Consultant under the conditions in this Agreement (the "Qualified Homebuyer") in a
homebuyer education course administered by an AHS approved third party vendor or
organization.
4. Project Timeline - The approved estimated timeline provided in Exhibit "D" sets forth the
completion of the various steps involved in the acquisition, rehabilitation and resale of the
Rehabilitated Home (the "Project Timeline"). The timeline starts from the point that the
selected Consultant enters into the contract for the Rehabilitated Home with AHS through the
close of sale to the Qualified Homebuyer. Major steps included in the timeline are
construction period, completion of construction, issuance of the Certificate of Completion,
start of marketing period for the home, projected number of weeks needed to identify a
Qualified Homebuyer,escrow period and close of escrow.
5. Rehabilitation Scope of Work-The approved detailed, line item budget of the costs required
to complete the rehabilitation scope of work agreed upon by AHS and the Consultant,
provided in Exhibit "C" (the "Rehabilitation Scope of Work") serves as the Consultant's
price bid for the Rehabilitation Scope of Work.
6. Man: ge Rehabilitation Work - Manage the rehabilitation of the Rehabilitated Home to
includ . but not be limited to: (i) ensuring that all tasks identified in the Rehabilitation Scope
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of Work are completed on a timely basis and all work performed satisfies AHS' standards;
(ii) conducting weekly on-site project inspections; (iii) managing relationships with all
subcontractors and vendors; (iv) obtaining all necessary permits required to complete the
Rehabilitation Scope of Work; (v) ensuring that all rehabilitation work complies with all
applicable municipal codes; (vi) submitting funds draw requests to AHS in a timely and
accurate manner; (vii) paying all sub-contractors hired by the Consultant and all vendors
providing materials used in the performance of the Rehabilitation Scope of Work on a timely
and accurate basis; and(viii)administering both conditional and unconditional lien releases.
7. Marketing — Market the Rehabilitated Home through advertising and published promotional
materials. Adhere to AHS' Affirmative Marketing Guidelines (Please see Exhibit"IC').
8. Identify Qualified Homebuyer- Identify and present prospective homebuyers to be approved
by AHS in writing, facilitate adequate homebuyer training and facilitate financing of
property which may include Down Payment Assistance from the Agency, pre-qualify the
homebuyer for eligibility to purchase the Rehabilitated Home and collect those application
documents from the Qualified Homebuyer identified in Exhibit"I", Section"A".
In addition, the Consultant is required to make best efforts to ensure that a fixed rate
permanent loan secured by a first trust deed("First Mortgage Loan") is made available to the
Qualified Homebuyer at the lowest commercially available rate and most favorable terms.
9. Escrow—Work with the AHS selected title company and manage the escrow process through
closing on behalf of the Qualified Homebuyer, ensure that all AHS sale documents are
executed, notarized and recorded as needed.
10. Files — Maintain adequate files for the Rehabilitated Home, ensuring compliance with all
Neighborhood Stabilization Program requirements, files shall include, but not be limited to,
all documents listed in Exhibit "I", and all documents required to verify compliance with the
Affirmative Marketing Guidelines stated in Exhibit "K", such as homebuyer waiting lists,
copies of advertisements published in local and community newspapers, etc.
11. Appraisal — Work with the AHS designated Appraiser to determine the sales price for the
Rehabilitated Home.
12. Environmental - Ensure that all environmental mitigation measures recommended by AHS'
Environmental Consultant are carried out as part of the Rehabilitation Scope of Work.
Provide proof of completion of these mitigation measures.
ade
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13. Closing Requirements:
A. The Consultant shall cause the closing of the sale of the Rehabilitated Home by
following the procedures and complying with the requirements set forth in Exhibit
"P", Section A.
B. The Consultant shall cause the closing of any Agency Down Payment Assistance
Loans, if applicable, in accordance with the procedures and requirements established
in Exhibit"I", Section B.
14. Building Standards:
The Consultant shall adhere to the building standards stipulated in Exhibit "Lee when
performing any rehabilitation work on the Rehabilitated Home.
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P UBendvWgende AucM1memsUgeiMe AttuM1mems\AgmtrAmeM]AIOAI-ISl01ECMC Oevclo0mem ABrament-Fiml doc
Exhibit"F"
AHS Representatives
AHS Officers:
Emil A. Marzullo,
Chief Executive Officer
Carey K.Jenkins,
Chief Operating Officer
Authorized AHS Representatives:
Samuel Hughes,
Consultant
Fernando S. Portillo,
Consultant
i
i
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EXHIBIT "G"
Insurance Requirements
The Consultant and its General Contractor shall maintain insurance policies issued by an
insurance company or companies authorized to do business in the State of California and
that maintain during the term of the policy a "General Policyholders Rating" of at least
A(v), as set forth in the then most current edition of"Bests Insurance Guide," as follows:
(1) Automobile Insurance. Comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per
occurrence for each vehicle leased or owned by the Consultant or its subcontractors and
used in performing work under this Agreement.
(2) Worker's Compensation Insurance. Worker's compensation
coverage in accordance with California workers' compensation laws for all workers under
the Consultant's and/or subcontractor's employment performing work under this
Agreement.
(3) Liability Insurance. AHS requires comprehensive liability
insurance, including coverage for personal injury, death,property damage and contractual
liability, with a limit of at least One Million Dollars ($1,000,000), including products and
completed operations coverage. Said insurance shall be primary insurance with respect
to AHS and the Agency. The Consultant shall require and ensure that the Consultant's
contractors include AHS and the Agency, as additional insureds on all general liability
insurance covering work at the Rehabilitated Home. All insurance policies required of
the Consultant or its contractors as provided herein, shall extend the subject insurance
coverage to:
"The City of San Bernardino, the Redevelopment Agency of the City of
San Bernardino and Affordable Housing Solutions of San Bernardino, Inc., their officers
officials, attorneys, agents, employees and volunteers"
In lieu of directly obtaining the insurance coverage mentioned in this Exhibit"G",
the Consultant can require its General Contractor to name the Consultant as an additional
insured on the insurance policies obtained by the General Contractor for the purposes of
satisfying the insurance requirements herein.
Concurrent with the execution of this Agreement and prior to the commencement
of any work by the Consultant, the Consultant shall deliver to AHS, copies of policies or
certificates evidencing the existence of the insurance coverage required herein, which
coverage shall remain in full force and effect continuously throughout the term of this
Agreement. Each policy of insurance that the Consultant purchases in satisfaction of the
insurance requirements of this Agreement shall name AHS, the Agency and if applicable,
the Consultant as an additional insured and shall provide that the policy may not be
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cancelled, terminated or modified, except upon thirty (30) days prior written notice to
AHS.
Failure on the part of the Consultant to procure or maintain the insurance
coverage required in this Exhibit LeG" for fifteen (15) days or longer shall constitute a
material breach of this Agreement pursuant to which AHS may exercise all rights and
remedies set forth herein and, at its sole discretion, and without waiving such default or
limiting the rights or remedies of AHS, procure or renew such insurance and pay any and
all premiums in connection therewith and all monies so paid by AHS shall be reimbursed
by the Consultant to AHS upon demand including interest thereon at the rate of ten
percent (10%) per annum interest compounded annually from the date paid by AHS to
the date reimbursed by the Consultant. The Agency shall have the right, at its election,to
participate in and control any insurance claim adjustment or dispute with the insurance
carrier. The Consultant's failure to assert or delay in asserting any claim shall not
diminish or impair the rights of AHS against the Consultant or the insurance carrier.
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Exhibit"H"
Consultant Payment and Reimbursement
The Consultant shall be paid four (4) different fees by AHS. The four (4) fees that the
Consultant is eligible to receive are:
1. Project Management Fee;
2. General Contractor Fee/Overhead;
3. Homebuyer Qualifying Fee; and
4. Sales Commission Fee.
The amount of the fees to be paid to the Consultant by AHS for completing the Scope of
Services detailed in Exhibit `B" is recorded in the Development Pro Forma attached as
Exhibit"B"to this Agreement. The costs contained in the Development Pro Forma serve
as the budget for the project, and the Consultant will be required to complete the work in
accordance with that budget. This budget must be approved by AHS Representative(s)
prior to the start of any rehabilitation work by the Consultant.
Project Management Fee-The Project Management Fee is the compensation received by
the Consultant for securing, maintaining and marketing the property. Some of the tasks
that might be included under this function are such things as, fencing the property,
mowing the lawn, clearing debris from the lawn, removal of graffiti, etc. The Project
Management Fee may also include any marketing costs incurred by the Consultant, such
as online or print advertising and website design, as approved by AHS. The Consultant is
eligible to receive fifty percent (50%) of this fee upon commencement of the
Rehabilitation Scope of Work, to be invoiced by the Consultant in the first funds draw
request submitted by the Consultant to AHS. The remaining portion of this fee shall be
payable to the Consultant after the rehabilitation work is completed, as evidenced by an
AHS issued Certificate of Completion or a City issued Certificate of Occupancy, as
applicable. The remaining portion of this fee shall be paid to the Consultant upon the
close of the Rehabilitation Home Sales Escrow.
General Contractor Fee/Overhead - The General Contractor Fee/Overhead is the total
amount paid by AHS for management of the rehabilitation work as defined in Exhibit
"E", Section 6. If the Consultant hires a General Contractor, then the Consultant is
responsible for negotiating a fee structure with its hired General Contractor, but in no
event, will AHS pay an amount above the General Contractor Fee/Overhead stated in this
Agreement, nor will AHS pay a separate General Contractor Fee/Overhead to the General
Contractor. The amount of this fee is a fixed fee for the rehabilitation work. The costs of
the rehabilitation work shall include direct labor and materials involved in the
performance of the Rehabilitation Scope of Work plus the budgeted contingency for this
work. A portion of this fee commensurate with the percentage of completion of the
Rehabilitation Scope of Work shall be paid with each funds draw request submitted by
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the Consultant.
Any additional costs arising from unexpected conditions on the site or other unexpected
difficulties must be written up as a change order and AHS Representative(s) must sign
and approve the change order at the discretion of the AHS Representative(s) in order for
these costs to be included as part of the overall rehabilitation costs, which would then
increase the absolute amount of the General Contractor Fee/Overhead.
Homebuyer Qualifying Fee — This fee is paid to the Consultant for identifying and
assisting AHS in qualifying the prospective homebuyer for the sale of the Rehabilitated
Home. This is a one-time fixed fee. This fee will include the Consultant's
reimbursement for any costs associated with the prospective homebuyer's "Homebuyer
Education Training"and payments to third party service providers, such as Neighborhood
Housing Services of the Inland Empire ("NHSIE"), or another such service provider.
The Homebuyer Qualifying Fee shall be paid upon the close of the Rehabilitated Home
Sales Escrow.
Sales Commission Fee — The sales Commission Fee represents the payment received by
the Consultant for managing the Rehabilitated Home Sale Escrow process on behalf of
AHS to assist the Qualified Homebuyer through the Rehabilitated Home Sales Escrow
process. The amount of this fee is calculated as a fixed percentage of the final sales price
to the Qualified Homebuyer. The Sales Commission Fee shall be paid upon the close of
the Rehabilitated Home Sales Escrow.
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Exhibit"I"
Closing Requirements
A. Sale of Rehabilitated Properties
The Consultant shall initiate the sale of a Rehabilitated Property to a Qualified
Homebuyer by submitting to the Agency a purchase/sale agreement executed by the
prospective homebuyer, verifying documentation from the prospective buyer with respect
to residency, income and the property condition as the Agency, or its designee, may
reasonably request (collectively, "Homebuyer Application'). [NOTE: NSP regulations
limit the income on NSP funded properties. The Agency should be involved in the
negotiation of sales documents of the properties.] The Homebuyer Application shall
consist of the following information in the form provided or approved by the Agency:
i. Last Three (3) Years Tax Returns (State and Federal) (1040's) signed with
W2's attached. Two (2) Current Pay Stubs for all household members who
will reside in the home.
ii. A California Association of Realtors California Residential Purchase
Agreement fully executed by the prospective homebuyer (With
Agency Addendum(s) attached).
iii. Neighborhood Stabilization Program Homebuyer Application.
iv. Income Certification.
V. Application Affidavit—Completely filled out and signed by the prospective
homebuyer.
vi. Signed Lead-Base Paint Disclosure Form (for homes built prior to 1978).
The Agency does not supply this form.
vii. Copy of Employment Verification for each Homebuyer.
viii. 2 Months of Current Bank Statements.
ix. 3-Year Rental History.
X. Homebuyer Education Certificate from NHSIE or another like service
provider.
Within seven (7) calendar days after the receipt of the Homebuyer Application by the
Agency, Agency Staff will notify the Consultant of approval or denial of the prospective
homebuyer's eligibility and confirmation of such eligibility by means of a Reservation
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Letter (all reservations will be automatically valid for sixty (60) calendar days from the
date of confirmation) [NOTE: The Agency should execute the sales agreement]. Upon
notification by Agency Staff of the prospective homebuyer's eligibility, the Consultant
shall open an Escrow account with an Agency approved escrow company (the "Escrow
Holder"). The Agency shall famish the Escrow Holder with executed escrow
instructions. The Consultant shall not permit any Escrow to close for the sale of a
Rehabilitated Property until and unless the escrows instructions executed by the Agency
(and countersigned, if requested by Agency Staff, by the First Trust Deed Lender) have
been submitted to the Escrow Holder. As provided in the Agency escrow instructions,
Escrow shall also not close unless and until:
1. The Escrow Holder holds the following documents : (1)Agency Notice of
Affordability Restrictions executed by the Qualified Homebuyer and
notarized; and (2) a grant deed with respect to the Rehabilitated Property
purchased by the Qualified Homebuyer, executed and acknowledged by
the selling entity; and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Property is provided to the Agency naming the Agency as
additionally insured; and
3. Rehabilitation of the Rehabilitated Property shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and the City shall have issued a final certificate of occupancy
for the Rehabilitated Property; and
4. The Consultant's execution and delivery to the Agency of the Sub-
agreement.
hall exist under this Agreement or under an agreement or
No Event of Defaults gr y gr
instrument relating to any financing for the Project or the Rehabilitated Property.
Within seven (7) calendar days after the receipt of the Homebuyer Application by AHS,
the AHS Representative(s) will notify the Consultant of approval or denial of the
prospective homebuyer's eligibility and confirmation of such eligibility by means of a
Reservation Letter (all reservations will be automatically valid for sixty (60) calendar
days from the date of confirmation) [NOTE: AHS should execute the sales agreement].
Upon notification by the AHS Representative(s) of the prospective homebuyer's
eligibility, the Consultant shall open the Rehabilitation Home Sales Escrow account with
an AHS approved escrow company (the "Escrow Holder"). AHS shall furnish the
Escrow Holder with executed escrow instructions. The Consultant shall not permit the
Rehabilitation Home Sales Escrow to close until and unless the escrow instructions
executed by AHS (and countersigned, if requested by AHS Representative(s), by the First
Trust Deed Lender) have been submitted to the Escrow Holder. As provided in the AHS
escrow instructions,Escrow shall also not close unless and until:
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1. The Escrow Holder holds the following documents : (1)Agency Notice of
Affordability executed by the Qualified Homebuyer; and (2) a grant deed
with respect to the Rehabilitated Home, executed and acknowledged by
the selling entity(the "AHS Grant Deed"); and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Home is provided to AHS naming AHS and the Agency as
additionally insured; and
3. The Rehabilitation Scope of Work shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and AHS shall have issued a Certificate of Completion or the
City shall have issued a Certificate of Occupancy for the Rehabilitated
Home, as applicable; and
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Rehabilitated Home.
B. Down Payment Assistance
In the case where the Qualified Homebuyer needs down payment assistance to facilitate
the purchase of the Rehabilitated Home, the Consultant shall assist the Qualified
Homebuyer in applying for such assistance from the Redevelopment Agency of the City
of San Bernardino's ("Agency") Homebuyer Assistance Program ("HAP"), at the
Qualified Homebuyer's election. The requirements and the application process for
obtaining such assistance are described fully in the Agency's HAP Program Manual,
which can be obtained at the Agency's offices. The process for applying for such
assistance is summarized below, but in the event that a conflict exists between the
description of the HAP Program contained herein and the HAP Program Manual, the
requirements and procedures described in the HAP Program Manual shall prevail.
In order to reserve Agency Down Payment Assistance Loan assistance to facilitate the
purchase of the Rehabilitated Home, the Consultant must include in the Homebuyer
Application described in Section A, herein, the following information in the form
provided or approved by AHS and the Agency:
i. Verification for Applicant Eligibility, completely filled out and signed by the
prospective homebuyer and the First Trust Deed Lender;
ii. Copy of Credit Report. If the prospective homebuyer lacks credit history or
scores are lower than 640, please provide secondary credit such as a landlord
letter or utility statements; and
iii. Agency Down Payment Assistance Loan Worksheet.
25
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The obligation of the Agency to fund each Agency Down Payment Assistance Loan shall
be subject to satisfaction of all of the conditions stated in Section A, herein, together with
the following conditions (collectively,the"Closing Conditions"):
(a) The Escrow Holder holds the following documents: 1) the Qualified
Homebuyer Agency Down Payment Assistance Loan Agreement executed by
the Qualified Homebuyer and the Agency; (2) the Agency Promissory Note
executed by the Qualified Homebuyer in favor of the Agency in the same
amount as the Agency Down Payment Assistance Loan; and (3) the Agency
Subordinate Deed of Trust and Assignment of Rents acknowledged and
executed by the Qualified Homebuyer in favor of the Agency; and
(b) Any one of the following title companies whether(i) First American Title, (ii)
North American Title, (iii) Chicago Title, (iv) Stewart Title or (v) another title
insurer approved by the Agency ("Title Company") shall have assured the
Agency in writing that with respect to each Agency Down Payment
Assistance Loan, the Agency shall receive upon recordation of the Agency
Subordinate Deed of Trust and Assignment of Rents a CLTA lenders policy of
title insurance in the amount of the Agency Down Payment Assistance Loan
Note (the "Agency Title Policy") insuring the priority of the Agency
Subordinate Deed of Trust and Assignment of Rents, subject only to the First
Mortgage Loan and other exceptions approved by the Agency following the
Agency's prior review of a preliminary title report for the Rehabilitated
Home, which preliminary title report must be received by the Agency no later
than seven (7) calendar days after the approval by the Agency of the
Homebuyer Application; and
(d) The Agency shall have reviewed and approved the Qualified Homebuyer for
the Agency Down Payment Assistance Loan in the Agency's sole discretion,
and the eligibility conditions in the applicable sections of the HAP Manual
shall have been satisfied. In accordance with the Neighborhood Stabilization
Program, the Rehabilitated Home is not restricted for sale to first-time
homebuyers; therefore, these properties are exempt from the requirements in
Section II. B. 1. of the HAP Manual; and
(e) No stop notice or mechanics' lien shall have been filed against the
Rehabilitated Home unless discharged as provided by law.
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i
EXHIBIT"J"
Events of Default and Remedies
A. Events of Default
The occurrence of any of the following shall, after the giving of any notice described
therein, constitute a default by the Consultant hereunder("Event of Defaulf):
(1) The failure of the Consultant to pay or perform any monetary
covenant or obligation under the Agreement or any of the documents executed in
connection herewith, without curing such failure within ten (10) calendar days after
receipt of written notice of such default from AHS (or from any party authorized by AHS
to deliver such notice as identified by AHS in writing to the Consultant);
(2) The failure of the Consultant to perform any non-monetary
covenant or obligation hereunder or any of the documents executed in connection
herewith that results in a material adverse effect to AHS, without curing such failure
within thirty (30) calendar days after receipt of written notice of such default from AHS
(or from any party authorized by AHS to deliver such notice as identified by AHS in
writing to the Consultant) specifying the nature of the event or deficiency giving rise to
the default and the action required to cure such deficiency; provided, however, that if any
default with respect to a non-monetary obligation is such that it cannot be cured within a
thirty-day period, it shall be deemed cured if the Consultant commences the cure within
said thirty-day period and diligently prosecutes such cure to completion thereafter.
Notwithstanding anything herein to the contrary,the herein described notice requirements
and cure periods shall not apply to any Event of Default described in Sections (3)through
(6)below;
(3) The falsity of any representation or breach of any warranty or
covenant made by the Consultant under the terms of this Agreement or any documents
executed in connection herewith;
(4) The Consultant or any constituent member or partner, or majority
shareholder, of the Consultant shall (a) apply for or consent to the appointment of a
receiver, trustee, liquidator or custodian or the like of its property, (b) fail to pay or admit
in writing its inability to pay its debts generally as they become due, (c) make a general
assignment for the benefit of creditors, (d) be adjudicated a bankrupt or insolvent or (e)
commence a voluntary case under the Federal bankruptcy laws of the United States of
America or file a voluntary petition that is not withdrawn within ten (10) calendar days
after the filing thereof or an answer seeking an arrangement with creditors or an order for
relief or seeking to take advantage of any insolvency law or file an answer admitting the
material allegations of a petition filed against it in any bankruptcy or insolvency
proceeding;
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(5) If without the application, approval or consent of the Consultant, a
proceeding shall be instituted in any court of competent jurisdiction, under any law
relating to bankruptcy, in respect of the Consultant or any constituent member or partner,
or majority shareholder, of the Consultant, for an order for relief or an adjudication in
bankruptcy, a composition or arrangement with creditors, a readjustment of debts, the
appointment of a trustee, receiver, liquidator or custodian or the like of the Consultant or
of all or any substantial part of the Consultant's assets, or other like relief in respect
thereof under any bankruptcy or insolvency law, and, if such proceeding is being
contested by the Consultant, in good faith, the same shall (a) result in the entry of an
order for relief or any such adjudication or appointment, or (b) continue undismissed, or
pending and unstayed, for any period of ninety(90)consecutive calendar days;
(6) Voluntary cessation of the construction activities, active property
management, or marketing activities related to the Rehabilitated Home for a continuous
period of more than ten (10) calendar days or the involuntary cessation of the above
named activities in accordance with this Agreement for a continuous period of more than
thirty (30)calendar days;
(7) A mechanic's lien or any other type of encumbrance on AHS'
property resulting from the Consultant's failure to fulfill its financial or other contractual
obligations with respect to any of its vendors or subcontractors is not removed within ten
(10) calendar days after receipt of written notice of such default from AHS (or from any
party authorized by AHS to deliver such notice as identified by AHS in writing to the
Consultant).
B. AHS Remedies:
Upon the occurrence of an Event of Default hereunder, AHS may, in its sole
discretion, take any one or more of the following actions:
(1) Withhold any payment of fees or reimbursement of eligible
expenses to the Consultant unless and until the Event of Default (if curable) is cured or
this Agreement is terminated in accordance with Section 9 of this Agreement;
(2) Demand reimbursement from the Consultant for any payments
made to it by AHS for which the contracted work product was not satisfactorily delivered
by the Consultant;
(3) Confiscate any material or other work product purchased or
produced by the Consultant during the course of completing the Scope of Work indicated
in this Agreement;
(4) Take any and all actions and do any and all things which are
allowed, permitted or provided by law, in equity or by statute, in the sole discretion of
AHS, to enforce performance and observance of any obligation, agreement or covenant
of the Consultant under this Agreement or under any other document executed in
.2g_
P\AWndastAgenda Aft=metsUgende A mhmems\AVmn-Amend MIM-15-10� CDe.eb nt Agreement-F1.0 do
connection herewith;
(5) Upon the occurrence of an Event of Default which is occasioned
by the Consultant's failure under this Agreement to pay money, AHS may, but shall not
be obligated to, make such payment. If such payment is made by AHS, the Consultant
shall deposit with AHS, upon written demand therefore, such sum plus interest at the rate
of ten percent (10%)per annum with interest to be compounded annually. In either case,
the Event of Default with respect to which any such payment has been made by AHS
shall not be deemed cured until such repayment (as the case may be) has been made by
the Consultant;
(6) Upon the occurrence of an Event of Default described in Section
A.(4) or A.(5) hereof, AHS shall be entitled and empowered by intervention in such
proceedings or otherwise to file and prove a claim for any amount owing to AHS under
this Agreement and unpaid and, in the case of commencement of any judicial
proceedings, to file such proof of claim and other papers or documents as may be
necessary or advisable in the judgment of AHS and its counsel to protect the interests of
AHS and to collect and receive any monies or other property in satisfaction of its claim.
C. AHS Default and Consultant Remedies:
Upon fault or failure of AHS to meet any of its obligations under this Agreement
without curing such failure within thirty (30) calendar days after receipt of written notice
of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency,the Consultant may, as
its sole and exclusive remedies:
(1) Bring an action in equitable relief seeking the specific performance
by AHS of the terms and conditions of this Agreement or seeking to enjoin any act by
AHS which is prohibited hereunder; and/or
(2) Bring an action for declaratory relief seeking judicial
determination of the meaning of any provision of this Agreement. Without limiting the
generality of the foregoing, the Consultant shall in no event be entitled to, and hereby
waives, any right to seek indirect or consequential damages of any kind or nature from
the Consultant arising out of or in connection with this Agreement, and in connection
with such waiver the Consultant is familiar with and hereby waives the provisions of
Section 1542 of the California Civil Code which provides as follows: "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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PUgetMaUpniaAtl nienWkpnde 20IOt03-15-10@f:AAC Developnmt Agreement-Final doc
EXHIBIT"K"
Affirmative Marketing Requirements
In accordance with the California Fair Employment and Housing Act, the Consultant acting
as agent for AHS, the owner and seller of the Rehabilitated Home, in marketing the sale of
the Rehabilitated Home, must adhere to the following affirmative marketing guidelines in
order to create awareness for the general public and certain community groups as to the
availability of residential properties designated for lower- and/or moderate-income
households.
1. Provide an affirmative marketing plan and procedures for the sale of the Rehabilitated
Home. Procedures to be used must identify how persons in the housing market area
who are not likely to apply for the housing without special outreach shall be informed
and made aware of available affordable housing opportunities.
2. The Consultant's Affirmative Marketing Plan shall consist of a written marketing
strategy designed to provide information and to attract eligible persons in the housing
market area to the Rehabilitated Home without regard to race, color, national origin,
sex, religion, marital and familial status, disability, medical condition, sexual
orientation, or ancestry. It shall describe initial advertising, outreach (community
contacts) and other marketing activities, which will inform potential buyers of the
availability of the Rehabilitated Home. It shall also outline an outreach program which
includes special measures designed to attract those groups identified as least likely to
apply without special outreach efforts (because of existing neighborhood racial or
ethnic patterns, location of housing or other factors) and other efforts designed to attract
persons from the total eligible population.
3. Insert Equal Housing Opportunity logotype, statement or slogan on all written
outreach tools (i.e., signs, advertisements, brochures, direct mail solicitations, press
releases, etc.)
4. In addition to the above, the Affirmative Fair Housing Marketing Plan shall outline:
a. Commercial Media to be used (i.e., community newspapers and non-English
language newspapers, radio, television, billboards, religious or local real estate
publications, etc.).
b. Marketing efforts to be used (i.e., brochures, letters, handouts, direct mail,
signs, etc.)
c. Community contacts to supplement formal communications media for the
purpose of soliciting those groups least likely to purchase the available housing
without special outreach efforts. They should be individuals or organizations
(i.e., service agencies, community organizations, places of worship, etc.) that
-30-
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have direct and frequent contact with those identified as least likely to apply.
The contacts should also be chosen on the basis of their positions of influence
within the general community and the particular target group. AHS and its
designees must agree to establish and maintain contact with the identified
contacts.
5. The Consultant shall maintain records of all prospective homebuyer applicants,
including their race, ethnicity and gender, reasons for denial of application, placement
on a waiting list, etc.
6. The Consultant shall also provide for the selection of applicants from a written
waiting list in the chronological order of their application, insofar as is practicable,
and provide prompt written notification to any rejected applicants of the grounds for
any rejection.
7. The Consultant shall apply for first trust deed financing to be applied towards the
purchase of the Rehabilitated Home from a lender listed on the Agency's or AHS'
Approved Lender List.
-31-
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EXHIBIT"L°
Building Requirements
3.
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ECONOMIC DEVELOPMENT AGENCY
Neighborhood Stabilization Program
"Minimum Building Standards"
June 2009
Table of Contents
1000—General Requirement s...................................................................................................................... 1
1010—General............................................................................................................................................l
1020-Terminology....................................................................................................................................1
1030-General Quality Requirements.....................................................................................................I
1040-Substitutions/Alternatives............................................................................................................2
1050-Optional Green Building Practices..............................................................................................3
1100-Temporary Facilities and Temporary Controls..............................................................................3
1110—Site Usage......................................................................................................................................3
1200-Project Closeout.................................................................................................................................4
1210—Final Cleaning................................................................................................................................4
1220—Operations Manuals and Warranties..........................................................................................5
1230—Systems Startup............................................................................................................................5
2000-Building Sitework/Site Preparation................................................................................................5
2010-Site Clearing and Demolition........................................................................................................5
2020-Site Earthwork................................................................................................................................5
2040—Site Hazardous Waste Remedlatlon...........................................................................................6
2100-Site Improvements.............................................................................................................................6
2110—Roadways, Driveways,and Walkways.......................................................................................6
2160—Fencing...........................................................................................................................................7
2150-Landscaping...................................................................................................................................8
2200 Site Civil/SRO Utilities.........................................................................................................................8
2210-Utilities.............................................................................................................................................8
3100-Selective Demolition..........................................................................................................................8
3110-Building Elements Demolition......................................................................................................8
3120-Hazardous Components Abatement..........................................................................................10
4000-Foundations.......................................................................................................................................10
4010-Standard Foundations..................................................................................................................10
4030-Slabs on Grade..............................................................................................................................11
5000-Superstructure...................................................................................................................................11
5010—Framing/Wood............................................................................................................................ti
i
i
6100-Exterior Enclosure............................................................................................................................12
5110-Exterior Walls.................................................................................................................................12
5111 -Stucco/Plaster.........................................................................................................................12
5112-Exterior Insulation....................................................................................................................12
5113-Caulking and Joint Sealants...................................................................................................13
5120-Exterior Windows..........................................................................................................................13
5130-Exterior Doors/Garage Doors....................................................................................................14
5140-Flashing...........................................................................................................................................16
5200-Roofing ..............................................................................................................................................16
5210 -Roof Coverings..............................................................................................................................16
5220-Gutters and Downspouts............................................................................................................16
6000-Interior Construction ........................................................................................................................17
6010-Partitions I Ceilings......................................................................................................................17
6011 -Interior Insulation.....................................................................................................................17
6012-Drywall........................................................................................................................................17
6020-Interior Doors.................................................................................................................................18
7000 -Finishes..............................................................................................................................................18
7010-Ceramic Tile..................................................................................................................................18
7020-Floor Finishes................................................................................................................................19
7030-Ceiling Finishes.............................................................................................................................20
7040-Painting...........................................................................................................................................20
8100-Fumishings.......................................................................................................................................24
8110-Carpentry,Cabinets,and Millwork.............................................................................................24
9000-Plumbing, Mechanical,Electrical...................................................................................................25
9010-Plumbing Fixtures.........................................................................................................................25
9020 .Domestic Water Distribution.......................................................................................................26
9030 -Sanitary Waste...............................................................................................................................26
9100-Heating,Ventilating,and Air Conditioning(HVAC)......................................................................27
9110-Heating and Ventilating...............................................................................................................27
9200-Fire Protection Systems..................................................................................................................28
9210-Fire Protection Specialties..........................................................................................................28
9300-Electrical Systems.............................................................................................................................28
9310-Electrical Service and Distribution.............................................................................................28
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 1 of 28
1000 —General Requirements
1010 —General
.1. These Minimum Building Standards (Standards) have been developed by the City of
San Bernardino Economic Development Agency (EDA) for use on the Neighborhood
Stabilization Program (NSP).
.2. These Standards shall apply to all properties covered by the NSP.
.3. All materials, supplies, costs of permits, and labor to complete the specified
rehabilitation or repairs, shall be the responsibility of the Builder/Developer unless
specified otherwise by the EDA.
.4. Any drawings or sketches which may be furnished by the EDA or required by the
Builder/Developer are intended to clarify or further describe the propert. Should the
Builder/Developer find discrepancies in, or omissions from, these drawings or sketches
or should he/she be in doubt as to their meaning, they should contact the EDA for
clarification. Because of the nature of work being done, some details of sketches or
drawings may be "typical" and grades, dimensions and exact existing conditions must
be verified at the property before commencing work.
.5. Any additional work that EDA want the Builder/Developer to do should be done after
completion of the Rehabilitation work, if at all possible. A separate contract will be
signed between the EDA and Builder/Developer before the work is to start.
1020 -Terminology
.1. When used in these Standards, the following definitions shall apply:
A. Install -The item referred to shall be installed with all necessary hardware, trim,
fittings, and material necessary to make ready for use. All material shall be new.
B. Replace-The existing item referred to shall be removed prior to installation of
the new item.
C. Trim -When used in conjunction with painting, includes roof vents and pipes,
eaves, molding, casing, underside of all doors, and any items other than walls
and ceilings.
D. Rehabilitation -All repairs to or replacement of present elements of an existing
building, such as windows, stairs, flooring, or wiring; rearrangement of rooms by
the relocation of partitions or by the installation of new bathrooms and kitchens;
or the general replacement of the interior of a building. This may or may not
include changes to structural elements such as floor systems, columns or load
bearing interior or exterior walls.
1030 -General Quality Requirements
.1. In order to establish standards of quality, the Standards may refer to certain products
by name and/or catalog number. This procedure is not to be construed as eliminating
from competition other products of equal or better quality by other manufacturers, at
approximately the same cost.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 2 of 28
.2. All material and each part or detail of the work shall be subject at all times to
inspection by the EDA, and the Builder/Developer will hold to the true intent of the
Standards in regard to-quality of material, workmanship, and the diligent execution of
the contract.
.3. Materials installed shall be of such kind and quality to ensure that the dwelling will
provide acceptable durability, economy of maintenance and adequate resistance to
weather, moisture, corrosion and fire. The EDA may request evidence of a material's
compliance with the requirements of the structure's plans and specifications and these
Standards. Product labels are considered acceptable evidence.
A. The EDA may require that the BuildedDeveloper carry out a durability evaluation
or conduct a building assessment to determine if the materials to be used comply
with any green strategies.
.4. All work shall be executed by skilled craftsman, experienced in their trade, and in
accordance with accepted practices of their trade. All work shall be of the highest
standards and methods.
.5. Unless specifically noted otherwise, all construction methods and materials used shall
conform to the California Building Code as adopted by the City of San Bernardino and
shall be done in accordance with any other ordinances passed and adopted by the
City of San Bernardino (i.e., zoning codes, fire codes, etc.). This includes all repairs,
finishes, fixtures, and new work.
.6. All plumbing and gas work shall be done in accordance with the Uniform Plumbing
Code as adopted by the City of San Bernardino.
.7. All heating and cooling work shall be done in accordance with the Uniform Mechanical
Code as adopted by the City of San Bernardino.
.8. All electrical work shall be done in accordance with the national Electric Code as
adopted by the City of San Bernardino.
.9. Where work involves colors, the Builder/Developer will provide the EDA with samples
of all colors for the particular item (roofing, stucco, paint, stain, flooring, etc.), and the
EDA will select the color and finish by initialing the color sample and state for
what/where it will be used (exterior, interior, fascia, soffit, trim, doors, ceiling,walls,
etc.). A maximum of three colors each may be selected for exterior and interior.
.10. If the EDA has agreed to correct certain specified existing code violations, which are to
be excluded from the work done by the Builder/Developer, the work on such violations,
if done at the same time the Builder/Developer is on the job, shall be coordinated by
the EDA and Builder/Developer so as to provide for a smooth flow of the work.
1040 -Substitutions/Alternatives
.1. The Builder/Developer shall furnish a list of any proposed desired substitutiors prior to
the signing of the contract.
.2. These standards are intended to encourage the use of new or innovative technologies,
methods and materials. Alternatives and non-conventional or innovative methods�id
materials shall be equivalent to these standards in the dreas of quality, durability,
economy of maintenance, operation and usability.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 3 of 28
.3. Certain conditions in the geographic area or on the site may justify modification of
specific standards, or make compliance with the standards impracticable or
impossible. In these cases, approval by the EDA is required.
1050- Optional Green Building Practices
.1. Builder/Developers are encouraged to incorporate any green building practice that
offers an opportunity to create environmentally sound and resource-efficient buildings.
.2. In an effort to encourage modern, green building, and energy-efficiency improvements,
Builder/Developers are encouraged to incorporate HUD's healthy homes interventions
including these seven steps ensuring housing is made and kept.
A. Dry. Ensure proper drainage away from housing; clean repair gutters and
downspouts, repair leaks seal roofs and windows.
S. Safe: Install safety devices on doors, cabinets, window blinds and outlets;
provide adequate storage for all poisonous items out of reach of children and
labeled in the proper containers; install smoke detectors and carbon monoxide
detectors, have appropriate fire extinguishers available.
C Well-ventilated Service and maintain heating and cooling systems:provide
exhaust fans for kitchens, bathroom and dryers to the outside to reduce mold;
change furnace filters.
D. Pest-free: Provide proper storage and disposal for food products, caulk and seat
holes, use least toxic pest management methods.
E. Contaminant-free: Remove lead based paint hazards properly,provide test kits
for radon; reduce volatile organic compounds in paint, carpet, etc.
F. Clean Install dust walk-off systems in entry ways,provide smooth, cleanable
surfaces;provide effective storage space and containers; choose flooring that is
easy to clean.
G. Well-maintained. Important maintenance calendar for inspecting, cleaning,
repairing, replacing housing components/systems.
.3 Throughout these Standards: the EDA has inserted opportunities in which green
building practices can be achieved
1100 -Temporary Facilities and Temporary Controls
1110—Site Usage
.1. All temporary facilities and controls required for the project shall be provided by the
Builder/Developer.
.2. The Builder/Developer will provide daily clean-up of all debris related to the work of the
project as required. Provide a dumpster on site for the duration of construction for
disposal of construction debris. All work area(s) shall be left broom clean at the end of
each work day.
.3. Immediately, at the end of the work, the Builder/Developer shall remove all of their
debris, rubbish, refuse, and unused material from the property and street.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 4 of 28
.4. The Builder/Developer will provide all temporary 6-foot high chain link safety and
security fencing for construction operations required for the work of this project.
Fencing shall conform to the following specifications:
A. 6-foot high chain link fence with 80% or greater green or black wind
screen/mesh.
B. Mesh shall be attached with hog rings.
C. Includes man and vehicle gates where required.
D. Gateposts shall be of size to accommodate the size of opening and its intended
purpose.
E. All gateposts shall be cored or driven into the ground.
F. Core holes shall be filled with concrete once temporary fence is removed. Slurry
seal all in A/C areas.
G. Fencing shall be set back beyond site work improvements.
.5. On-site materials pertaining to the project and partially completed roofs shall be
temporarily protected during inclement weather. It is the responsibility of the
Builder/Developer to maintain a watertight condition to prevent any water damage to
the building once the roof has been removed until it has been completely patched.
.6. The Builder/Developer shall provide temporary power as needed for the project.
.7. Provide and maintain dust and erosion control throughout the duration of the work and
as required for the work of the project.
.8. The Builder/Developer shall provide protection, acceptable to the EDA, for any existing
surfaces or equipment that have been selected to remain.
.9. GREEN OPPORTUNITY: Minimize the site disturbance during construction
A. Control the impact area by designating vehicle parking farther from the site.
B. Store building materials inside a garage or protected area.
C. Protect all existing trees with fencing to include the drip line in an effort to avoid
over compaction of the soil around the trees.
1200 - Project Closeout
1210— Final Cleaning
.1. Prior to the final inspection, the Builder/Developer will provide final clean-up of the
building and property.
.2. Remove all plaster and paint smears and drops; clean all windows, screens, doors,
finished hardware and plumbing fixtures; polish all chrome, clean and polish all
countertops and Floor covering; throughout entire house - new and/or old. Provide
cleaning of all exterior surfaces including walls,windows, landscape areas, driveways,
and walkways.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 5 of 28
1220 —Operations Manuals and Warranties
.1. The Builder/Developer will obtain and fill in all necessary information on all warranties
where applicable, for manufactured products, materials and/or labor used in
connection with the project. He/she shall deliver the original warranties to the EDA
where appropriate copies will be made and the original will be delivered to the EDA
upon completion of the work. Any sections that need to be sent to the manufacturer to
validate the warranty, will be mailed as soon as possible.
.2. GREEN OPPORTUNITY.. Provide operation and maintenance manuals, and perform
training of users to properly instruct them on the green features of the property and
how to maintain them.
1230 — Systems Startup
.1. Prior to turnover of building, Builder/Developer will conduct testing and startup of all
equipment new and/or old for verification of functionality.
.2. Builder/Developer will ensure that all equipment components (such as filters, bulbs,
batteries) are replaced prior to turn over.
2000 - Building Sitework I Site Preparation
2010 - Site Clearing and Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect all existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
.3. Remove trees and plant materials, with EDA's approval, from areas to be cleared.
.4. Maintain protection of trees and plant materials which are to remain until completion of
work.
.5. Debris shall not be allowed to accumulate.
.6. Remove all unsightly trash and dangerous material (wood, metal, etc.).
2020 - Site Earthwork
.1. Placing of footings and foundations on earth fill will not be permitted. Fill excess cuts
under footings and foundations with concrete, and under slabs with tamped gravel.
.2. Excavations for footings shall be neat and accurately cut trenches to depths and
grades shown on drawings/plans. In the absence of drawings/plans, code
requirements shall govern.
.3. All grading arcund any structures shall have high spots lowered and low spots raised
to a minimum of 6" below top of floor slab; a minimum of 2'out with a slight slope from
structure.
.4. Site grading shall ar omplish the following:
A. Allow drainagr c I surface water away from buildings and off-site.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 6 of 28
B. Minimize earth settlement problems.
C. Avoid concentrating runoff onto neighboring properties where erosion or other
damage would be caused.
D. Minimize erosion.
E. Minimize potential earth movement problems which might adversely affect
completed construction.
5. GREEN OPPORTUNITY Grades around structures shall maintain at least a.5%slope
away from the foundation.
2040 —Site Hazardous Waste Remediation
.1. The property shall be free of hazards which may adversely affect the health and safety
of the occupants or the structural soundness of the improvements or which may impair
the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage ouffall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
2100 -Site Improvements
2110 — Roadways, Driveways, and Walkways
.1. Surfaces and base courses for roads, streets, parking areas and walks shall be
durable materials. Their construction shall be in conformance with generally accepted
local design practices.
.2. Slabs for roadways, driveways, and walkways shall be designed and constructed in
accordance with standards set forth by the American Concrete Institute, and as may
be necessary to prevent slab damage due to potential soil movements.
.3. Provide for repairs and/or repairs of existing surfaces to match existing.
.4. These surfaces shall be installed with provisions for drainage. Adequate surface and
underground drainage systems shall serve all paving and improvements so as to
ensure continuing stable soil support for these improvements.
.5. Minimum width for driveways shall be 10', and sidewalks 3', if installed new; or if
replaced, to match existing if wider than 10'.
.6. All exterior concrete surfaces shall be a light broom finish with expansion joints
approximately every 12' (fiber material), with slope for drainage away from structure
and property.
.7. All flatwork expansion joints shall be filled with clear silicone sealant.
.8. Where soil and/or concrete for porches, steps and other work is in contact with
members, galvanized metal flashing, or solid sheathing and 15 lb. felt shall be
installed, or wrap and scratch coat applied.
_e o
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 7 of 28
9. GREEN OPPORTUNITY. Limit water runoff and maximize infiltration by avoiding
impervious surfaces and installing permeable drainage areas between sidewalks,
driveways, walkways, patios, and pathways.
A. Open matrix concrete grid pavers.
B. Specialized honeycomb substrates for gravel or turf.
C Pervious mixes of concrete or asphalt.
2150 — Fencing
.1. Check all boundaries to ensure property lines are observed, and City Ordinances are
not violated (front yard, side yard, and back yard maximum heights).
.2. All post setting holes shall not be less than 24" deep and 6" diameter, at a maximum of
10' intervals. When adjacent to a foundation (walls), offset hole to obtain 24" depth,
and fill in any space larger than 2" between wall and post.
.3. Entrance walk gate shall be a minimum of 3'wide, and driveway gates a minimum of
12'wide; including all gate hinges and. padlock latch attachments.
.4. Wrought Iron
A. Posts to be 2"x 2"x .090(16 gauge).
B. Top and bottom rails to be 1 '/"x 1 '/" (16 gauge).
C. Pickets to be 3/4"x 3/4" (16 gauge), 4"on center.
.5. Chain Link
A. All galvanized material.
B. 2-3/8" O.D. end, corner, and gate posts.
C. 1-5/8" O.D. line and corner diagonal posts.
D. 1-3/8" O.D. top rail, with bottom tension wire.
E. 11 gauge-2" mesh; to include all bands and wire ties.
.6. Wood Fence
A. All posts will be of galvanized material (unless otherwise specified).
B. 2-3/8"O.D. end, corner, and gate posts.
C. 1-5/8"O.D. line and corner diagonal posts.
D. Two 2 x 4 horizontal support rails.
E. Fencing as specified (redwood or cedar- minimum#2, two nails per rail).
.7. Block Wall
A. Shall be in accordance with the City of San Bernardino drawing on Garden &
Retaining Wall Standards available from the Building &Safety Department.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 8 of 28
2150 - Landscaping
A. All trees and shrubbery identified to remain shall be trimmed. Trim to property line and
a minimum of 4' above roofing or structure; removing all debris.
.2. All trees and shrubs identified to be removed shall be cut to surface. Remove stump
and roots a minimum of 8" below surface; removing all debris, and fill in hole with soil.
.3. Natural site assets such as existing trees, shrubs, ground cover, must be preserved,
maintained, and protected whenever possible.
.4. Any existing assets lost due to the construction efforts and/or lack of protection will be
replaced with like kind and size at the Builder/Developer's expense.
5 GREEN OPPORTUNITY Create environmentally friendly lawns and landscaping by
A. Cover play areas with wood shavings.
B. Limit the amount of lawn space by installing naturalized plantings.
C. Provide alternative water sources.
D. Plant drought-tolerant landscapes
E. Plant shade trees in an effort to reduce the cooling loads required in the house.
F. Consider planting edible plants.
G. Use water-conserving irrigation equipment where landscape irrigation is required.
I. Drip Irrigation.
1. Advanced irrigation controls like rain sensors.
2200 Site Civil /Site Utilities
2210 - Utilities
.1. Underground piping and related items shall be protected from corrosion. Underground
mechanical and electrical systems shall be protectively coated to minimize corrosion
where soil conditions warrant. Where applicable, sacrificial anodes may be used.
.2. Sacrificial anodes may be used where soil resistivity does not exceed 15,000 ohm -
centimeters. Otherwise, an impressed current system of corrosion prevention shall be
used.
.3. Utilities and other facilities shall be independent for the property, without dependence
upon other properties.
3100 -Selective Demolition
3110 - Building Elements Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 9 of 28
.3. Debris shall not be allowed to accumulate.
.4. The Builder/Developer shall remove all flooring finishes identified to be removed or
replaced. Including abatement of any materials designated as containing asbestos.
.5. Provide all roofing membrane removal as required for the removal of existing and
installation of new roof, equipment, and connections.
.6. The Builder/Developer shall provide shoring of all existing beams/structures being
modified prior to removing existing bearing walls.
.7. Remove all interior and exterior doors and/or frames that are identified for removal.
This activity shall be coordinated with the EDA in an effort to not leave any openings
un-lockable.
.8. Remove all window stops/putty, glass, glazing, and frames as required. Provide
demolition of existing sliding glass doors scheduled to be replaced.
.9. The Builder/Developer shall remove all structural and non-structural wood stud
/gypsum sheathing or wood stud / plaster partition walls, wing walls or portion of walls
determined to be removed.
A. All appurtenances identified to be removed / demolished on walls scheduled to
be removed/demolished shall be removed and disposed of by the
Builder/Developer.
B. Appurtenances identified to remain, shall be removed and re-installed by the
Builder/Developer.
.10. Any specific cutting and patching of drywall needed to install conduit or piping shall be
done by the Builder/Developer.
.11. The Builder/Developer shall remove all wall surface material or portions thereof from
interior and exterior walls for new framed openings such as but not limited to doors,
windows, recessed electrical panels, louvers, HVAC grills and ducts, backing, etc.
.12. The Builder/Developer shall provide removal of all existing spayed on acoustical
(popcorn) ceiling texture. Provide for asbestos abatement as necessary.
.13. The Builder/Developer shall remove existing casework and countertops, backing,
anchors, bases, shims, backsplash, etc. identified to be demolished and disposed of.
.14. Doors and windows must be able to be locked at the end of each day, or provide a
temporary secure panel (approved by the EDA) closing the opening at no additional
cost to the EDA. This also includes providing a temporary secure panel at all wall,
door or window openings scheduled to be removed.
.15. Removal of Ceramic tile shall include removal and replacement of wall substrate and
any existing mortar bed.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 10 of 28
3120 - Hazardous Components Abatement
.1. The property shall be free of those hazards which may adversely affect the health and
safety of the occupants or the structural soundness of the improvements or which may
impair the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
.2. The Builder/Developer shall provide all labor, material and equipment required to
complete the work related to the Hazardous Materials Abatement as required.
A. Provide all labor, material and equipment required to abate and legally dispose of
off-site all Asbestos Containing Materials (ACM) and Lead Containing Materials
including but not limited to pipe fitting insulation (elbows/ends), roof mastic,
flooring, flexible joints, doors, door frames, plaster walls, sinks, ceramic tile, etc.
B. Provide for the proper removal and disposal of PCB Ballasts and Fluorescent
Light Tubes:
i. It is assumed that all ballasts not labeled "No PCBs" are considered to
contain PCBs and therefore must be treated as hazardous waste. The
Builder/Developer shall disconnect the ballasts (those not labeled "No
PCB's") from the fixtures and is responsible for proper disposal/recycling.
ii. Mercury is present in fluorescent light tubes, which may be present
throughout the project areas. Mercury is considered a hazardous waste
and will be disposed of properly by the Builder/Developer.
4000 - Foundations
4010 -Standard Foundations
.1. Includes excavation, backfill, compaction, and installation of all foundations.
.2. Concrete materials for foundations shall be in accordance with City of San Bernardino
standards and shall be approved by the EDA prior to placement.
.3. Includes all formwork and accessories for all cast-in place concrete and cement
concrete pavement with shoring, bracing and anchorage, form accessories, form
stripping, and proper layout, location. Provide proper temporary support/shoring (as
required and/or needed).
.4. Furnish and install all reinforcing steel bars, welded steel wire fabric, fabricated steel
bar, slip dowels, or rod mats for all on-site cast-in-place concrete and cement concrete
pavement. Provide and install all necessary accessories as indicated.
.5. All vertical reinforcing steel protection shall be installed in accordance with CAL OSHA
codes and regulations. Maintain said protection throughout the duration of
reinforcement installation and until enclosed by finish material.
.6. When replacing existing concrete with new, the new concrete shall have at least the
same reinforcement as the existing.
i
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Neighborhood Stabilization Program
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7 GREEN OPPORTUNITY. Provide foundation water management system.
8. GREEN OPPORTUNITY Use concrete that contains a percentage of fly ash in place
of portland cement.
4030 -Slabs on Grade
.1. Concrete mixture shall be made of a 1-2-3 mix with plastic cement, sand, and 3/4"
rock. Ready mix will be a 5 sack. Minimum 2500 psi.
.2. Slabs shall be constructed in accordance with ACI 3021 R-80, Guide for Concrete
Floor and Slab Construction, and as may be necessary to prevent slab damage due to
potential soil movements.
.3. Vapor retarders and base course shall be provided for all interior concrete slabs to
which a finish flooring is applied.
A. Acceptable base course materials are gravel, slag, crushed rock, sand, cinders
and certain types of earth when approved by the local EDA. See ASTM C-33-90,
Table 2.
B. Base course material shall be clean, washed and free from deleterious
substances, consistent with ASTM C-33, with 100%of the material passing a 1"
sieve and less than 2% passing a#4 sieve.
.1. All concrete slabs shall be a minimum of 3 '/"thick(additions, garages, driveways,
sidewalks).
.2. All interior surfaces shall be troweled smooth.
.3. Includes excavation, backfill, compaction, and installation of all slabs. Completely
furnish and install all concrete accessories, colors, finishes, forming, admixtures,
reinforcement joint sealers, and curing compounds in accordance with the
Specifications.
5000 -Superstructure
5010— Framing /Wood
.1. Framing and wood construction shall be in accordance with the latest edition of the
National Design Specification for Wood Construction.
.2. A chemical barrier must be provided for structures built in those areas where termites
are determined by the EDA to be a hazard. A physical barrier will also satisfy this
requirement where the hazard is presented by subterranean termites only.
.3. Where required by the EDA Field Office, protection against damage by decay shall be
provided.
.4. GREEN OPPORTUNITY Keep all untreated wood at least 12 inches above soil in lieu
of the code required 8 inches.
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Neighborhood Stabilization Program
Minimum Building Standards
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5100 - Exterior Enclosure
5110 - Exterior Walls
5111 —Stucco/ Plaster
.1. The Builder/Developer shall investigate the condition of studs and ceiling joist to be
sure framing members comply with appropriate code.
.2. Install or reset all electrical boxes to new surface level.
.3. Exterior angles shall be protected with woven or welded wire fabric of equivalent
strength, or corner bead.
.4. A surface inspection is required after sandblasting and before re-stuccoing by the
EDA.
.5. Application:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days. (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and darby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than Y4" in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat. (Example: complete brown coat on Tues., color
coat not to start until following Wed.).
D. Finish (color) coats: Portland Cement and Lime Finish Coats-Apply over base
coats which have set and surface-dry; lay on well, double back and fill out to a
true, even surface. Thickness shall be 1/16"to 1/8", then texture as specified.
E. When structure is to have lath/wrap and stucco over existing siding, the
Builder/Developer is to remove door and window casing; trim out with metal
edging or stucco molding, and seal.
F. Exterior lath/wrap to be applied as per California Building Code.
G. Stucco Color Coat: La Habra, Bauer, or equal.
5112— Exterior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, USG; or equal.
B. Proper sound insulation shall be used at all walls.
C. GREEN OPPORTUNITY: Use cellulose insulation.
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Neighborhood Stabilization Program
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.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building &Safety Division of the City of San Bernardino.
.4. Attics:
A. If all exterior walls of house are not insulated, bring to R-38 rating (12").
B. If all exterior walls are insulated and/or new addition, insulate to R-30 rating (9").
C. GREEN OPPORTUNITY, All attic spaces are to receive insulation.
.5. Walls:
A. All exposed exterior walls and new addition, insulated to R-11 rating (3 Y").
.6. Water Heater:
A. If it has access from outside or in garage, install R-8 rating insulation blanket and
wrap all exposed water lines with pipe insulation.
B GREEN OPPORTUNITY Provide insulation at all water heaters.
5113—Caulking and Joint Sealants
.1. Materials used for caulking and sealants shall be suitable for the use intended, and
shall be compatible with the materials to which they are applied and with any finish that
may be applied over them.
5120 - Exterior Windows
.1. When required shall be made easily openable, replace sash cords and weights or
install spring loaded sash balances, as necessary.
.2. Windows and operating hardware shall be installed in accordance with the
recommendations of the manufacturer.
.3. When aluminum single hung or slider window(s) is required and the frames are not to
be taken out, use International Window Corporation, Keller, or equal (block frame), to
fit existing opening. Caulk window frame before installing, including necessary trim.
.4. When new aluminum slider or single hung window(s) installation is required, provide
header(s), trimmers, flashing, International Window Corporation, Keller, or equal
(standard frame).
.5. Operating windows shall be manufactured units consisting of the frame, sill, sash,
weather-stripping, and operating hardware. Job site assembled windows composed of
frames and sashes made by different manufacturers are not acceptable.
.6. Glazing:
A. When replacing glass, thickness shall be as recommended by the manufacturer
for the specific use.
B. All bathroom windows shall be glazed with obscure glass.
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Neighborhood Stabilization Program
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C. Glass set in wood shall be secured in place with springs or glazing points and
face puttied, wood and putty to be primed and painted.
D. Glass set in metal shall be secured in place with glazing clips, back and face
puttied with appropriate material, metal and putty to be primed and painted.
E. All glass shall be cleaned, with no cracks or rattles (new installation only).
F. Re-putty shall mean to replace all damage, loose, and missing putty.
.7. Weather-stripping shall be properly fitted to eliminate excessive infiltration of dust,
snow or rain.
.8. Screens:
A. Screens shall be installed on all openable windows.
B. When re-screening or new screens are required, they shall be aluminum frames,
aluminum screening; tight fitting and easily removed.
C. Nylon screens on newly installed windows and combination doors may be
acceptable, unless otherwise requested or stated.
.9. If a window of any kind must be installed into the wet area of the tub or shower
surround, it must:
A. Contain a sill made of material that is water impermeable , such as marble or
Corian, not tiled and grouted.
B. Have a sill that is pan-flashed or sealed.
C. Have frame made of moisture-tolerant material.
10. GREEN OPPORTUNITY. Replace existing windows and provide new windows with a
high energy and low-e performance rating
11. GREEN OPPORTUNITY. Provide awnings, overhangs, or other shading devices on
exterior windows.
5130 - Exterior Doors / Garage Doors
.1. All exterior doors will be wood or metal finish (no hardboard). Primed/painted or
stained/varnished.
.2. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and lock securely.
.3. Doors shall fit opening and operate properly.
.4. All new door installation shall include new hinges and all necessary trim.
.5. Entry Doors:
A. Exterior entry doors shall be side-hinged doors not less than 3 ft. in width and 6
ft. 8 in. in height.
B. 1 %" solid core - Birch, Mahogany, Luan; unless existing jamb takes 1 3/8"door.
C. 3 each -4" x 4" butt hinges, unless existing jamb takes 1 3/8" door, then 3-3 Yz'x
3 1/2' butt hinges.
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Minimum Building Standards
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D. Exterior door frames shall be treated against decay.
E. Locks- Kwikset, Schlage, or equal.
.6. Garage Doors:
A. Steel frame construction.
B. Installing new garage hardware or replacement hardware shall comply with the
following safety notice:
... FOR YOUR SAFETY ...
California State Assembly#772 directed the Commission of Housing and
Community Development to change the appropriate rules and regulations in
ways that, "ARE REASONABLY NECESSARY TO PREVENT THE DEATH OR
INJURY OF PERSONS OR DAMAGE RESULTING FROM THE BREAKING OF
GARAGE DOORS SPRINGS". (quoted from Assembly Bill#772)
7 Weather-stripping shall be applied to all exterior doors and interior garage door.
.8. Weather-stripping shall be aluminum and vinyl. Install after surfaces are finished and
dry.
.9. Thresholds and door shoes shall be installed at all exterior doors and interior garage
doors and shall be aluminum thresholds, and aluminum/vinyl with drip cap door shoes
(channel type), sealed to be watertight.
.10. Exteriorjambs will be rabbet type (fit wall thickness) and to include new wood (pine)
casing material. Replace stucco molding only if required.
.11. A safety door check shall be provided on all outward opening doors, including storm
and screen doors.
.12. Locking devices at doors and windows shall be as follows:
A. Each exterior doorway and each doorway leading to garage areas, terraces,
balconies, or other areas affording easy access to the premises shall be
protected by a door which, if not a sliding door, shall be equipped with a deadlock
using either an interlocking vertical bolt and striker, a minimum of 1.2 in. throw
dead bolt or a minimum 1/2 in. throw self-locking dead latch. Locks shall not
require the use of a key for operation from the inside.
B. All sliding doors, first Floor and basement windows and windows opening onto
stairways, fire escapes, porches, terraces, balconies or other areas affording
easy access to the premises shall be equipped with a locking device. A sliding
door used as a main or service entrance shall be equipped with a keyed locking
device.
.13. Screens shall be aluminum/satin finish with latch set and pneumatic closure or equal.
.14. Security Screen—Jamb/frame will be 1' 1/4"x V 1/4"(18 gauge) with 3/4 x 3/4"center
framing (18 gauge) and heavy gauge metal screening. Combination (Bel-Aire)-Solid
core (no panels). 1 3/8"door, 3 - 3 Y:"x 3 '/" butt hinges; 1 W Locks- Kwikset,
Schlage, equal.
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Economic Development Agency
Neighborhood Stabilization Program
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5140- Flashing
.1. Flashing shall have a service life at least equal to that of the assemblies into which it is
built.
.2. Counter flashing is considered exposed flashing and shall be constructed of sheet
metal.
.3. Alternate products or systems of bitumen-impregnated plastic or elastomeric materials
may be used for flashing if they are installed in accordance with the manufacturer's
recommendations and are acceptable to the EDA.
.4. All openings between wood or metal and masonry shall be caulked with a non-
hardening caulking compound.
5200— Roofing
5210 - Roof Coverings
.1. Strip- Means to remove"all" roofing material to sheathing, with inspection of sheathing
prior to installation of new roofing.
.2. The Builder/Developer shall guarantee the owner to maintain the entire roofing, and
counterflashing in a watertight condition for a period of fifteen years.
.3. Shingles—
A. Shall be fiberglass of 1511b. felt.
B. New metal 1 '/2"drip edge and roof jacks (form over shingles, seal around all
pipes).
.4. Built- Up /Roll Roofing Cap
A. Roll roofing cap to be a minimum of 90 lb. roofing paper and must bear a class
"C" UL listing.
B. One 90 lb. cap sheet to be installed over two layers of 15 Ib. felt paper, saturated
with at least 20 lb. of hot mopped tar, between layers.
C. All base sheets to be well nailed with approved galvanized nails providing a
minimum 3/4" penetration into a firm solid sheathed surface.
D. New metal M."drip edge and roof jacks.
.5. GREEN OPPORTUNITY. Provide reflective (high-albedo) roofing systems with an
Energy Star rating.
5220—Gutters and Downspouts
1. Gutters and downspouts shall be provided at all projects.
.2. Gutters and downspouts -Shall be a minimum of 26 gauge galvanized metal, or vinyl
material.
.3. Gutters shall be sloped to downspout and supported a maximum of 3'apart.
.4. End caps, corner joints, splices, outlet tubes shall be soldered or have watertight
joints.
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.5. Downspouts shall be fastened at top, bottom, and approximately every 6% and directed
to drain away from the structure.
.6. Downspouts shall be sized on the basis of 100 square feet of roof surface to 1 square
inch of leader. More or less leader area may be required by the EDA.
.7. Scuppers shall be installed at the outfall end of a valley for special roof designs, such
as"butterfly" roofs.
.8. Scuppers shall be installed for overflow of all roofs enclosed by parapet walls.
9. GREEN OPPORTUNITY Provide a simple rainwater harvesting system for use on
irrigation.
6000 - Interior Construction
6010— Partitions I Ceilings
6011 — Interior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, or equal.
B. GREEN OPPORTUNITY Use cellulose insulation
.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building & Safety Division of the City of San Bernardino.
6012 - Drywall
.1. When installation of drywall is specified, provide Y" U.S. Gypsum wall board or equal,
unless otherwise specified.
2. GREEN OPPRTUNITY. Select drywall products with a high recycled content and use
taping materials and joint compound without hazardous additives that aid in drying and
setting.
.3. All joints and inside corners shall be taped; outside comers shall have corner bead
troweled with joint compound (a minimum of three coats, and smoothly sanded or
textured).
.4. If kitchen base cabinets, toilet or lavatory are removed, and the drywall is to be
replaced, it must be replaced with green board or equal.
.5. If tub surrounding drywall is to be replaced, it must be replaced with wonder (cement)
board.
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Economic Development Agency
Neighborhood Stabilization Program -
Minimum Building Standards
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.6. All wall surfaces to receive ceramic tile shall receive wonder (cement) board of plaster
in accordance with the following:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and derby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than Y:' in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat(Example: complete brown coat on Tues., color
coat not to start until following Wed.).
6020 - Interior Doors
.1. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and close securely.
.2. Doors shall fit opening and operate properly.
.3. All new door installation shall include new hinges and all necessary trim and hardware.
.4. Interior Hinged/Closet/Bathroom Doors:
A. Shall be side-hinged doors not less than 1 3/8" thick.
B. At least 2 each 3 Yz'x 3 Y:" butt hinges.
C. Locks- Kwikset, Schlage, or equal.
.5. Shower Door/Tub Enclosure:
A. Shower Doors— MAAX, Kohler, or equal. Seal around frame and walls.
B. Tub Enclosure - MAAX, Kohler, or equal. Seal around frame and walls
.6. Door stops installed at all swinging doors shall be solid (no coil springs).
.7. Interior jambs will be flat type (fit wall thickness)and to include new wood (pine)
material stop molding and casing (both sides).
7000 - Finishes
7010— Ceramic Tile
.1. Install ceramic tile where identified.
.2. Ceramic tile to be American Olean, Dal-Tile, or equal.
3 GREEN OPPORTUNITY Use ceramic tile with high recycled content
.4. Submit a complete range of colors and types for the EDA's selection. One of each
color of type selected shall be retained by the EDA.All materials placed in the building
shall match such samples.
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Economic Development Agency
Neighborhood Stabilization Program
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.5. Applications and installation of adhesive, primer, caulking compound, and prepared
grout when used, shall be as recommended by manufacturer of the tile and in
accordance with these standard specifications.
.6. Ceramic tile shall be applied over a water-proof surface only(cement or wonder
(cement) board).
.7. At showers, the top of step shall have slight slope into shower.
7020 - Floor Finishes
.1. The Builder/Developer shall provide all necessary floor preparation of existing surfaces
to properly receive new flooring material.
.2. Sub-flooring shall be a minimum thickness of 3/4" plywood or 1x boards.
.3. Underlayment shall have a maximum thickness 3/8" industrial particle board.
.4. Install all flooring per manufacturer's recommendation.
.5. Existing floor covering to be removed prior to installation of new floor.
.6. Provide underlayment when sub-flooring is in such a condition to warrant replacement.
Bathroom, kitchen, and laundry underlayment to be of water resistant material.
.7. Surfaces to receive flooring shall be clean, dry, smooth, even, and without defects.
.8. At Bathrooms, the toilet and lavatory cabinet shall be removed before flooring installed.
Reinstall toilet and cabinets.
.9. Install new baseboard or shoe after installation of flooring. If cove is required, it shall
be formed integrally of matching sheet material. Adhesives shall be as recommended
by manufacturer.
.10. Coat all concrete floors on earth grade with concrete primer as recommended by
manufacturer.
.11. Leveling compound and crack filler-As manufactured by Aetna Manufacturing
Company for concrete floors or equal.
.12. Linoleum (sheet goods) - FHA base cushioned,Armstrong -Cambray or equal.
.13. Vinyl Tile -Armstrong -Stylistic or equal.
.14. Carpet-260z.
A. Base, HUD/FHA bulletin UP-44c requirement.
B. Pad -5/8" rebond high plush, HUD bulletin UP-72 requirement.
15. GREEN OPPORTUNITY. Provide greener carpeting such as
A. Products made from natural materials,
B. Products that do not contain residues from dyes and finishes used in
manufacturing,
C. Products that do not have surface treatments to repel stains,
D. Products with documented low VOC offgassing;
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Neighborhood Stabilization Program
Minimum Building Standards
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E. Products with high recycled contents
.16. Submit a complete range of colors and types for the EDA's selection.
7030 - Ceiling Finishes
.1. Ceilings shall be drywalled and painted. No sprayed on acoustical ceilings(popcorn)
will be allowed.
7040 - Painting
.1. Lead Content:
A. The definition states in part, ....... with respect to paint which is manufactured after
June 22, 1977, lead-based paint means any paint containing more than six one-
hundredths of one percent lead by weight(calculated as lead metal) in total non-
volatile content of the paint or the equivalent measure of lead in the dried film of
paint already applied".
B. All contractors and sub-contractors on rehabilitation activities will comply with the
Lead-Base Paint Regulation under 24 CFR Part 35, requiring:
i. The prohibition of the use of lead-based paint in the rehabilitation of
properties;
ii. The elimination of immediate lead-based paint hazards in residential
structures.
.2. All paint shall have low VOC levels.
.3. If exterior painting is required, caulk all exterior door and window frames to seal
completely. Remove all loose and deteriorated putty on windows and re-putty before
painting. When painting of exterior trim is specified, this shall include doors, windows,
all frames, eaves, soffits, porches and all appendages.
.4. If a paint to be used on exterior surfaces is not inherently mold resistant, a suitable
fungicide shall be included in the formulation.
.5. If repair of exterior surfaces is indicated, remove all broken and loose material by
raking out, scraping and sanding if necessary. Repair with proper material for area
being repaired, blending in with texture of area being repaired. Prime the repaired area
prior to painting.
.6. If interior painting is indicated, repair all cracks by W"scratch approximately 1/8"X
1/8" in walls and ceilings of all rooms being re-painted. Use proper type of patching
material for areas being repaired. Fill all cracks and holes solid and blend in repaired
areas with texture of surface being repaired. Prime cracked areas prior to painting.
When painting of walls and ceilings of a room is specified, this shall include all trim,
windows and door frames, closets, and cabinets (inside).
.7. All surfaces to be painted shall be free of dirt, dust, grease before painting is started.
All knots, pitch streaks, and sappy spots shall be first sealed with shellac or sealer
approved for use with materials as specified, before subsequent coats are applied.
Each coat shall be allowed to dry before subsequent coat is applied.
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Economic Development Agency
Neighborhood Stabilization Program
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.8. If it should become necessary, in order to give good coverage because of surface
condition of the paint color(s), it is the obligation of the Builder/Developer to apply
sufficient coats to obtain complete coverage.
.9. All new drywall shall be primed with one coat of Drywall Sealer/Primer before the
application of the finish coat, unless otherwise specified.
.10. Paint to be Dunn-Edwards, Glidden, Sinclair or equal. EDA to select color(s) and
finish.
.11. Paint for kitchen, service area, bathroom(s) to be a durable and washable gloss finish
(unless EDA requests a semi-gloss).
.12. Stain—Exterior/interior application (Minwax, Behr, or equal).
.13. Varnish - Exterior/interior application (Behr, Varathane Elite, or equal).
.14. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.15. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
.16. Paint application shall consist of two coats on old material, and three coats on bear
wood or new material. The top and bottom edges of interior doors shall be sealed
(painted or varnished)with one coat, exterior doors with two coats.
.17. Application of paints, stains, or other coating systems shall be in strict accordance with
manufacturer's directions and shall comply with the following:
A. Exterior Wood Siding, Millwork and Trim
I. Knots, resinous wood, and nail holes shall be sealed with a prepared
sealer or aluminum paint prior to puttying and priming. Any nail holes or
cracks in surfaces to be painted shall be filled with putty.
ii. A prime coat shall be applied to all surfaces to be painted before or
immediately after installation. Primer shall be formulated specifically for
application to unfinished wood. Finish coats formulated to serve as
primers may be used.
iii. One of the following finish systems shall be applied. Coverage shall be
that which will provide at least the minimum thickness recommended by
the manufacturer.
a. Oil paint systems.
b. Latex paint systems.
c. Pigmented stains as per manufacturer's directions.
d. Clear penetrating preservatives or water repellent finishing
systems.
iv. The top and bottom of exterior wood doors, casement sash, awning sash
and the bottom of double hung sash shall receive two coats of paint or
sealer.
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Economic Development Agency
Neighborhood Stabilization Program
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V. Prior to erection, all edges of vertical siding shall be sealed with a heavy
coat of house paint primer, water repellent stain, exterior aluminum house
paint or sealer. Wood batten strips shall be backed-primed or sealed.
B. Wood Shingles, Shakes, Rough-sawn Siding.
L Two coats of oil stain, pigmented oil stain, or an oil shingle paint shall be
applied.
C. Hardboard and Softwood Plywood Siding.
i. These sidings shall be finished in accordance with the manufacturer's
direction.
D. Wood Porch Floors and Decks.
I. One coat of primer and two coats of floor and deck enamel designed for
exterior use shall be applied. Joints between floor and wall shall be
caulked.
E. Unfinished Surfaces.
L Shingles and board siding of vertical grain cedar, redwood and bald
cypress may be left unfinished.
F. Exterior Concrete Masonry Units or Concrete Brick
I. At least two coats of masonry paint shall be applied.
ii. Concrete masonry units or concrete brick, except small areas of
foundation walls, shall be painted to provide a water resistant finish.
iii. High density concrete brick or solid split block forming the outer face of
double unit walls (veneer, cavity walls, etc.) may be left unpainted when
acceptable to the EDA.
G. Exterior Galvanized Steel or Iron
L Field painting shall consist of two coats. One coat shall be a primer
formulated specifically for galvanized surfaces, and the second coat shall
be a finish coat. A finish coat formulated to serve as a primer may be
used as the first coat.
H. Exterior Steel, Iron or Terne Plate
ii. Steel or iron, except stainless steel,weathering steels, or steel treated
with coatings to provide corrosion resistance, shall be painted.
iii. A rust inhibitive primer and a finish coat shall be applied.
I. Interior Millwork and Trim
i. All mill work and trim, including windows; interior doors; window, door and
base trim; paneling and closet shelving and trim shall be finished by
painting or natural finishing.
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Economic Development Agency
Neighborhood Stabilization Program
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ii. If the surface is open grain wood, it shall be filled or sealed to prevent the
grain from rising. Surfaces shall be treated with a primer. One or more
finish coats shall be applied to provide a smooth surface and good hiding.
iii. Natural finishes include stain-wax, stain followed by one or more coats of
varnish, clear coats of varnish with or without wiped paint undercoats or
oil and wax finishes.
J. Wood Floors
L If flooring is open grain wood, one coat of filler shall be applied. All
excess shall be wiped off.
ii. Flooring shall be finished with:
a. One or two coats of penetrating sealer and one coat of wax; or
b. Two coats of varnish and one coat of wax; or
c. Two coats of polyurethane; or
d. One or more coats of factory-applied finish.
K. Interior Plaster and Gypsum -Walls and Ceilings
L Plaster surfaces may be painted, covered or left unfinished, except for
surfaces of kitchens and baths. If painted, a finished coat shall be applied
over a primer-sealer, unless finish coats are of the self-priming type.
ii. Gypsum wallboard shall be covered. If painted, one coat of wallboard
sealer shall be applied unless finish coats are of the self-sealing type.
Two finish coats shall be applied over the sealer. One finish coat, except
in kitchen and baths, may be acceptable if good coverage is obtained.
L. Interior Metal
I. Non-ferrous metals or wrought iron may be painted or left unfinished.
Other metals shall be painted in accordance with 609-3.4.
M. Interior Concrete Floors
L If painted, at least two coats of resin emulsion paint, a solvent rubber
paint or a floor and deck enamel shall be applied. If oil paint is used,the
surface shall be neutralized before painting.
ii. A coat of wax shall be applied over paint, stain or an integral finish.
N. Wall Coverings
L Covering material shall be secured to a suitable base in accordance with
the manufacturer's directions.
ii. All rooms that have new wall covering installed will include molding,trim,
base, and painting (if required).
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 24 of 28
8100— Furnishings
8110 —Carpentry, Cabinets, and Millwork
.1. All manufactured factory finished cabinets shall comply with ANSI A161.1-86,
Recommended Minimum Construction and Performance for Kitchen and Vanity
Cabinets, or with an equivalent standard.
.2. Workmanship: All interior wood finish, cabinet and casework shall be smooth dressed,
well sanded, and thoroughly cleaned before priming. All material showing machinery,
sandpaper, or other defacing marks will be rejected. Interior wood finish or cabinet
work shall not be installed on newly plastered walls until the plaster in that section is
reasonable dry and approved by the EDA.
.3. All interior wood finish, doors, frames, and other cabinet work or fixed wood equipment
shall be properly installed, level plumb, and true. Members shall be neatly and
accurately scribe in place, maintaining full lengths without splicing, except where the
use of full lengths would be impractical or impossible, and then if joined, butt joints
shall be beveled. Replacement and installation of new trim or molding shall match
existing in size and profile or otherwise be reasonably appropriate upon finished
installation.
.4. All cabinets(kitchen base and wall, bathroom lavatory, etc.) shall be a minimum of
birch plywood construction (stain grade quality), shop fabricated casework, with all
necessary hardware. Shelving shall not be less than 3/4" pine, plywood, or particle
board. Kitchen base cabinets shall have a built-in bread board.
.5. All cabinets and trim shall be scribe to contacting surfaces and shall be straight, plumb
level and in true alignment, closely fitted, and rigidly fastened in place.
.6. Countertops:
A. Top material shall be phenolic laminate, vinyl plastic covering, ceramic tile,
stainless steel or other material suitable for its intended use.
B. The top material shall be securely bonded to a reinforced steel core, to 5/8 in.
plywood, or to any other equivalent material.
C. At least a 3 in. back and end splash shall be provided against all abutting vertical
surfaces which are not water and grease resistant. When a back splash is
omitted, the joints at the juncture of the counter top and vertical surfaces shall be
tight and seated.
D. All edges, including the sink and any built-in surface units, shall have a non-
corrodible metal molding or other suitable edging.
E. High Pressured Laminated Plastic(Formica or equal)-Shall be constructed with
a bullnose front edge, minimum of a standard back splash where it abuts walls,
and full length of cabinets. If laminated plastic ends at wall, provide end splash
(material must be identical to counter top original color). Scribe and closely fitted
to adjacent work, and securely anchored to cabinets. Installation of sinks shall
have required mounting flange and sealed against leaking. No butcher block
unless otherwise requested or stated by the EDA.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 25 of 28
F. Ceramic Tile- Shall be applied over a plastic cement base secured to 3/4"
exterior plywood secured to the cabinets. Raise front edge, minimum of a
standard back splash, and sealed at edges of full length cabinets. (See Ceramic
Tile Specification).
G. GREEN OPPORTUNITY. Countertops shall be made of natural stone (granite),
tiles, or manufactured solid surfaces (Conan).
.7. Interior woodwork:
A. Trim (D.F.) "B or better".
B. Shelving - Particleboard or#2 shelving.
9000— Plumbing, Mechanical, Electrical
9010 - Plumbing Fixtures
.1. All fixture installation is to include trap, vent, faucets, and all trim necessary to mount
fixture in an approved manner, and to include repair of damaged areas affected by the
installation. When kitchen or lavatory faucet is replaced, it will also include risers.
Replace all angle stops.
.2. Fixtures:
A. Water closets- Deep bowl (round or elongated per EDA request). American
Standard - Hydra; Eljer—Titan; Kohler; or equal. Handicap (17" high). Must be
rated at no more than 1.6 gallons per Flush.
i GREEN OPPORTUNITY. Use of a high-efficiency toilet that uses less
than 1.6 gallons per flush is recommended.
B. Bathtubs - 5' pressed steel-American Standard; Kohler, or equal
C. Lavatories—American Standard, Kohler, or equal.
D. Kitchen Sinks-Single or double compartment enameled cast iron - Kohler or
equal; Single or double compartment stainless steel (7" depth, 20 gauge
minimum thickness) - Sterling or equal.
E. Garbage Disposal- Insinkerator—Badger 2, '%HP (3 year warranty) or equal.
F. Laundry Sinks-American Shower& Bath, or equal.
G. Faucets
i. Lavatory- Delta, Peerless, Kohler, or equal.
ii. Tub/Shower Diverter- Price Pfister, Kohler, or equal.
iii. Shower-Price Pfister, Kohler, or equal.
IV GREEN OPPORTUNITY. Provide low flow faucets and shower heads or
fit standard faucets with a flow reducing aerator.
H. Bathtubs- 5' Lasco; Hess Cc; or equal.
I. Tub Wall Kits- Plaskolite, Elite; Nova, Seville; or equal.
J. Shower- Lasco, or equal.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 26 of 28
K. WATER HEATERS:
i. Shall be Reliance; Galaxie; Whirlpool; or equal, with an eight(8) year
warranty. Size shall be as required to service property.
ii. All shall have pressure/temperature relief valve with a drain line to the
outside; or if located on a concrete floor in center of house-
pressurettemperature relief valve and drain line shall be installed per
Building and Safety requirements.
iii. All units shall be secured to walls.
iv. All units shall be insulated.
V. GREEN OPPORTUNITY: Water heater should have a high-efficiency
rating.
9020 - Domestic Water Distribution
.1. Each dwelling shall be provided with a continuing and sufficient supply of safe water
under adequate pressure and of appropriate quality for all household uses, and one
that will not impair the functioning or durability of the plumbing system or attachments.
.2. Connection shall be made to a publicly owned or publicly controlled water supply
system that is adequate to serve the demands of the project.
.3. Provide all connections to risers or fixtures from top to mains so that the entire system
can be drained at low point.
.4. Provide hot water supply to all fixtures except water closets.
.5. Support piping from the building structure by means of hangers to maintain required
grading and pitching of lines and to prevent vibration.
6 GREEN OPPORTUNITY: All hot water lines shall be insulated.
7. GREEN OPPORTUNITY. Consider the use of PEX piping.
8. GREEN OPPORTUNITY. Provide a single-throw shut-off valve at service to clothes
washing machines. If machine located above a livable space, provide a floor drain and
shower pan under the washing machine.
9030 -Sanitary Waste
.1. Roto Root(clean) all drain lines to street through clean-out cap, roof vent, etc.
.2. Each dwelling shall be provided with a water-carried system adequate to dispose of
domestic wastes in a manner which will not create a nuisance or endanger the health
of the occupants or the public.
.3. Connection shall be made to a publicly owned or publicly controlled system that is
adequate to serve the needs of the project.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 27 of 28
9100 - Heating, Ventilating, and Air Conditioning (HVAC)
9110— Heating and Ventilating
.1. Heating and ventilating equipment shall be Trans; Bryant; Carrier; or equal, as
appropriate to the situation.
2. GREEN OPPORTUNITY: Equipment should be rated as high effieciency.
.3. GREEN OPPORTUNITY., Evaluate existing healing and ventilation system and down
size or reconfigure to be more efficient. Do not oversize equipment.
.4. GREEN OPPORTUNITY., Consideration should be given to using equipment that
provides alternatives to conventional refrigerant, such as non ozone depleting HFC
refrigerants.
5. GREEN OPPORTUNITY. Provide ceiling fans in bed rooms and living spaces.
.6. Provide wall thermostat with complete vent system, attic shield, roof jack, and gas
piping/shut-off valve.
7 GREEN OPPORTUNITY Install programmable thermostats with both daytime and
nighttime setbacks. Separate control of different spaces into zones so that the unit
works more efficiently.
8. GREEN OPPORTUNITY Provide duct cleaning prior to turn over
.9. Install in an approved manner and location.
.10. Crawl Space Ventilation:
A. The space between the bottom of the floor joists and the earth under any building
(except such space as is occupied by a basement or cellar) shall be provided
with a sufficient number of ventilating openings through foundation walls or
exterior walls to ensure ample ventilation. Such openings shall be covered with a
corrosion-resistant wire mesh with a mesh size not greater than 1/2 in. nor less
than 1/4 in. in any dimension. The minimum net area of ventilating openings
shall not be less than 1 sq. ft. for each 150 sq. ft. of crawl space area.
B. One ventilating opening shall be within 3 ft. of each corner of each building where
such openings are required.
.11. Attic Space Ventilation
A. Cross ventilation shall be provided for each separate space. Ventilation
openings shall be protected against the entrance of rain and snow.
B. The ratio of the total net free ventilation area to the area of ceiling shall be not
less than 1/150, except that the ratio may be 1/300 if:
i. A vapor retarder having a transmission rate not exceeding one perm is
installed on the warm side of the ceiling;
ii. Between 25 and 50 percent of the required ventilating area is provided by
vents located in the eaves or cornices with the balance of the required
ventilation provided by ventilators located at least T-0" above the vents in
the eaves or cornices; or
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 28 of 28
iii. The attic space is accessible and suitable for future habitable rooms or
walled-off storage spaces have at least 50%of the required ventilating
area located in the upper part of the ventilated spaces as near the high
point of the roof as practicable and above the probable level of any future
ceiling.
9200 — Fire Protection Systems
9210 — Fire Protection Specialties
i Provide smoke detectors that are U.L. approved; First Alert SA1501-T, or equal. Hard
wire will have battery back-up.
2 GREEN OPPORTUNITY Provide carbon monoxide detectors.
9300 - Electrical Systems
9310 - Electrical Service and Distribution
.1. When required, provide a new electrical service box/meter. All existing circuits shall
be checked out and split as required. All new loads, outlets, lights, etc., must be on
additional circuits, unless prior approval is received from the EDA.
.2. Electrical Service installed at location shall be as recommended by Edison Company.
.3. Check all services and verify all electrical service, circuits (marking panel if not done);
replacing all faulty outlets, switches, damage and missing cover plates; for house and
garage.
.4. When encountering non-complying wiring, it is to be removed in its entirety. This is to
include boxes, lights, old panels (unless used for junction box), etc.; and to include
repair, patching, and painting of all areas affected (to match existing)-- ceilings,walls,
etc.All new wiring shall be concealed within walls, ceilings unless approval from the
EDA is obtained prior to installation.
.5. GREEN OPPORTUNITY All bulbs shall be fluorescent. No incandescent lighting will
be allowed.
6. GREEN OPPORTUNITY Avoid recessed lighting. When required use insulation-
contact fixtures that seal tightly and allow insulation to be packed against them.
T GREEN OPPORTUNITY.., Install dimmer switches at all living areas. Restrooms shall
have motion detector switches.
8 GREEN OPPORTUNITY., All low voltage (telephone, data, television) shall be run in
conduits to provide for future expansion and/or replacement.
AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO,INC.
DEVELOPMENT AGREEMENT FOR INTERMEDIARY SERVICES
[INLAND EMPIRE CONCERNED AFRICAN AMERICAN CHURCHES]
This Development Agreement for Intermediary Services (the "Agreement") is made and
entered into as of March 15, 2010, by and between Affordable Housing Solutions of San
Bernardino, Inc. ("AHS"), a California 501(c)(3) public benefit corporation, and Inland Empire
Concerned African American Churches, a California 501(c)(3) public benefit corporation,
("Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. Supervision of Consultant. The AHS officers and or their assignee's designated
in Exhibit "F"attached hereto (collectively, the "AHS Representatives") shall be responsible for
the direction of any work to be performed by the Consultant and any other consultants or
subconsultants to AHS under this Agreement. The Consultant shall not undertake any work
under the terms of this Agreement, unless instructed to do so by any one of the AHS
Representatives. No other AHS representative is authorized by AHS to request services from the
Consultant, pursuant to this Agreement. Approval by any one of the AHS Representatives shall
constitute approval by AHS.
2. Term of Agreement. The term of this Agreement shall commence on the date
first appearing in this Agreement (the "Effective Date") and will terminate six (6) months after
this date, unless earlier terminated as provided in this Agreement. AHS will have the option to
extend the term of this Agreement at the sole option and discretion of AHS with the written
consent of the Consultant. AHS reserves the right through the actions of the Chief Executive
Officer or the Chief Operating Officer of AHS to terminate this Agreement at any time either
with or without cause and at the sole convenience of AHS upon delivery of notice of termination
to the Consultant; provided, however, that upon the effective date of any such termination, AHS
shall be responsible to pay and/or reimburse the Consultant for all services, materials and
supplies as may have been furnished to AHS prior to the date of the termination of this
Agreement in accordance with the Scope of Services as referenced in Section 3.
3. Scope of Consultant Services. AHS hereby retains the Consultant to provide the
professional consulting services set forth in the Scope of Services attached hereto as Exhibit"E"
and incorporated herein by this reference. The Consultant hereby agrees to perform the work set
forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant
shall perform the services as set forth on said Scope of Services within the time periods to be
identified by the appropriate AHS Representative. The Consultant shall comply with those
laws, regulations or ordinances governing fair housing and equal opportunity practices and the
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abatement of lead-based paint, asbestos and mold practices as required under the Neighborhood
Stabilization Program ("NHS") promulgated by the United States Department of Housing and
Urban Development("HUD")pursuant to the provisions of the Housing and Economic Recovery
Act of 2008, Public Law 110-289 — July 30, 2008, Title III — Emergency Assistance for the
Redevelopment of Abandoned and Foreclosed Homes, Section 2301, et seq., as the same may be
hereafter amended, restated or supplemented from time-to-time, and the Notice of Allocations,
Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for
Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes Grantees under
the Housing and Economic Recovery Act, 2008 issued by HUD and found at the Federal
RegisterNol. 73, No. 194/Monday, October 6, 2008/Notices, as the same may be hereafter
amended, restated or supplemented from time-to-time(collectively, the"NSP Regulations")
4. Payment by AHS for Work Performed by the Consultant.
A. AHS shall compensate the Consultant for completion of the services described in
the Scope of Services set forth in Exhibit "E", "Scope of Services", in accordance with the
guidelines stipulated in Exhibit"H", "Consultant Payment and Reimbursement".
B. The compensation designated in subsection 4.A. shall be the "Total Fee" for the
performance of the work and the delivery of the final work product materials, as set forth in the
Scope of Services for each property acquired directly or indirectly by AHS for which the
services were provided by the Consultant in accordance with this Agreement. The Total Fee
shall include, but not be limited to, the materials and salaries of all subcontractors and vendors
retained by the Consultant and all employees of the Consultant to perform work pursuant to this
Agreement and all general overhead expenses of the Consultant inclusive of all costs and
expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage,
copies and such other expenses related to completion of the work set forth in the Scope of
Services.
C. The Consultant shall invoice AHS for eligible pedevelopment expenses and work
performed by the Consultant under this Agreement through funds draw requests submitted by the
Consultant in accordance with AHS's policies and procedures, and approved by AHS, on a
monthly basis, or on a more frequent basis if requested by the Consultant and approved by AHS,
with the first draw request occurring no earlier than two(2)weeks after the Effective Date.
D. The Consultant shall submit draw requests under this Agreement to:
Affordable Housing Solutions of San Bernardino, Inc.
Attention: Chief Operating Officer
201 North"E" Street, Suite 301
San Bernardino,California 92401
E. The Consultant's funds draw request shall set forth the cost of any direct labor
and materials incurred in performance of the Scope of Services, the appropriate portion of fees
described in Exhibit "H", as applicable, the cost of any permits or licenses required to perform
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the Scope of Services, and any other costs approved by AHS. Each draw request submitted by
the Consultant shall include copies of all third party invoices for any subcontractors or other
consultants hired, any invoices for materials, any conditional and unconditional lien releases for
invoices submitted by subcontractors or other consultants, and any forms or documents provided
by AHS that AHS requires to be included as part of the Consultant's draw request. All funds
draw requests shall be signed by the Consultant and approved and signed by an AHS
Representative or an AHS designated agent. Upon receipt of the Consultant's draw request
package, AHS shall review the draw request package and notify the Consultant whether it
approves of the draw request within three (3) working days after receipt of the draw request.
AHS shall issue a check or wire transfer to the Consultant equal to the total amount of those
costs included in the draw request and approved by AHS.
5. Records Retention. Records, maps, field notes and supporting documents and all
other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by
the Consultant and shall be made available to AHS for examination and for purposes of
perforating an audit for a period of five (5) years from the date of expiration or termination of
this Agreement or for a longer period, as required by law. Such records shall be available to
AHS and to appropriate county, state or federal agencies and officials for inspection during the
regular business hours of the Consultant. If the Consultant does not maintain regular business
hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m.
Monday through Friday, excluding federal and state government holidays. In the event of
litigation or an audit relating to this Agreement or funds paid to the Consultant by AHS under
this Agreement, such records shall be retained by the Consultant until all such litigation or audit
has been resolved.
6. Indemnification. The Consultant shall defend, indemnify and hold harmless
AHS, its officers, employees, representatives, and agents (collectively, the "Indemnified
Parties") from and against any and all actions, suits, proceedings, claims, demands, losses, costs
and expenses, including audit fees and other audit related costs, legal costs and attorneys fees, for
injury or damage of any type claimed as a result of the acts or omissions of the Consultant, its
officers, employees, subcontractors and agents, arising from or related to performance by the
Consultant of the work required under this Agreement; provided, however, in no event shall the
Consultant be liable to the Indemnified Parties in the event that any such actions, suits,
proceedings, claims, demands, losses, costs and expenses result from the gross negligence,
fraudulent conduct or willful misconduct of the Indemnified Parties, or any one of them.
Moreover, the Consultant shall not be liable to the Indemnified Parties for defects not normally
identified.
Notwithstanding the foregoing, under no circumstances shall the Consultant be liable to
the Indemnified Parties as a result of the failure of AHS to provide to the Consultant any
amounts due to the Consultant in accordance with this Agreement, unless such failure was the
result of gross negligence, fraudulent conduct or willful misconduct on the part of the
Consultant.
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Notwithstanding anything to the contrary provided in this Agreement, it is specifically
understood and agreed, such agreement being a primary consideration for the execution of this
Agreement by the Consultant, that there shall be absolutely no personal liability on the part of
any shareholder, director, officer, manager, member or employee of the Consultant with respect
to any of the terms, covenants and conditions of this Agreement. The Agency hereby waives all
claims, demands and causes of action against the shareholders, directors, officers, members or
employees of the Consultant in the event of any breach by the Consultant of any of the terms,
covenants and conditions of this Agreement.
7. Insurance. The Consultant shall maintain insurance, as set forth in Exhibit "G"
to this Agreement, throughout the term of this Agreement, or in lieu of this insurance coverage,
the Consultant shall require its designated General Contractor to maintain such insurance as set
forth in Exhibit "G" and name the Consultant, AHS and the Redevelopment Agency of the City
of San Bernardino ("Agency") as Additional Insureds under such insurance. The Consultant
shall remain liable to AHS pursuant to Section 6 above to the extent the Consultant is not
covered by applicable insurance for all losses and damages incurred by AHS that are caused
directly or indirectly through the actions or inactions, willful misconduct or negligence of the
Consultant in the performance of the duties incurred by the Consultant pursuant to this
Agreement.
AHS shall maintain insurance against loss or damage to real property under an "all risk"
or "special form" property insurance policy, which shall include coverage against all risks of
direct physical loss, including loss by fire, lightning, terrorism, ordinance or law, and other risks
normally included in the standard ISO special form (which shall include flood insurance if the
property is located within a flood hazard area and which shall include earthquake insurance if the
property is located in an area where earthquake insurance is customarily maintained for similar
residential property). Such insurance shall be in amounts sufficient to prevent the Consultant
from becoming a co-insurer under the policy, and in any event, after application of deductible, in
amounts not less than 100%of the full insurable replacement cost.
8. Press Releases. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior written
consent of AHS, which consent shall not be unreasonably withheld. This Section 8 does not
apply to the advertising or other promotional materials used by the Consultant to sell the
Rehabilitated Home.
9. Default and Remedies.
A. The occurrence of any of the events listed in Exhibit "J", Section A.(1) through
(7), shall after the giving of any written notice described therein, constitutes a default by the
Consultant hereunder("Event of Default").
B. Upon the occurrence of an Event of Default, AHS may, in its sole discretion,take
any of the actions listed in Exhibit"J", Section B.(1)through (7).
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C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or any other
default by the other party.
D. The Consultant has the right to implement the remedies in Exhibit "J", Section
C.(1) and (2), upon the default or failure of AHS to meet any of its obligations under this
Agreement without curing such failure within thirty (30) calendar days after receipt of written
notice of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency.
10. Termination.
A. This Agreement may be terminated by either party for any reason by giving the
other party fifteen(15) calendar days' prior written notice. AHS shall pay the Consultant for all
work authorized by AHS and completed,prior to the effective termination date.
B. In the event of a termination of this Agreement, the Consultant shall provide all
documents, notes, maps, reports, data or other work product developed in performance of the
Scope of Services of this Agreement to AHS within ten(10) calendar days after such termination
and without additional charge to AHS.
C. In the event of the expiration or early termination of this Agreement for any
reason, AHS shall pay and/or reimburse the Consultant for all services, materials and supplies as
may have been furnished to AHS prior to the date of the termination of this Agreement.
11. Notice. All notices given hereunder shall be in writing. Notices shall he
presented in person or by certified or registered United States Mail, return receipt requested,
postage prepaid or by overnight delivery by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed effective on
the third (3`d) business day following the deposit of such Notice with the United States Postal
Service. This Section 11 shall not prevent the parties hereto from giving notice by personal
service or telephonically verified fax transmission, which shall be deemed effective upon actual
receipt of such personal service or telephonic verification. Either party may change their address
for receipt of written notice by notifying the other party in writing of a new address for
delivering notice to such party.
CONSULTANT: Inland Empire Concerned African American Churches
Attention: President
1777 West Baseline Road
San Bernardino, CA 92411
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AHS: Affordable Housing Solutions of San Bernardino, Inc.
Attention: Carey K. Jenkins, Chief Operating Officer
201 North`B" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 888-9413
12. Compliance with Law. The Consultant shall comply with all local, state and
federal laws, including,but not limited to, environmental acts,rules and regulations applicable to
the work to be performed by the Consultant under this Agreement. The Consultant shall
maintain all necessary licenses and registrations for the lawful performance of the work required
of the Consultant under this Agreement.
13. Nondiscrimination. The Consultant shall not discriminate against any person on
the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Agreement. Without limitation, the
Consultant hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status or national origin. Further, the
Consultant shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such
action shall include, but not be limited to,the following: recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, the Consultant shall not exclude from
participation under this Agreement any employee or applicant for employment on the basis of
age,handicap or religion in compliance with state and federal laws.
14. Consultant and each Subcontractor are Independent Contractors. The
Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its
subcontractors shall at any time or in any manner represent that it or any of its employees are
employees of AHS or any department, commission or subsidiary entity of AHS. AHS shall not
be requested or ordered to assume any liability or expense for the direct payment of any salary,
wage or benefit to any person employed by the Consultant or its subcontractors and vendors to
perform any item of work described in the Scope of Services. The Consultant is entirely
responsible for the immediate payment of all subcontractor liens.
15. Severability. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
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16. Entire Agreement. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements between
the parties concerning the subject matters covered herein. The parties intend this Agreement to
be the final expression of their agreement with respect to the subjects covered herein and a
complete and exclusive statement of such terms.
17. Amendment or Modification. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto. Any
such modification or amendment shall be valid, binding and legally enforceable only if in written
form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution. Any such amendment or modification to be effective as to
AHS must be approved by its officers or designated representatives.
18. Governing Law. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. Non-Waiver. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
20. Assignment. This Agreement shall be assignable by the Consultant only if the
Consultant obtains the prior express written consent of AHS, which consent may be withheld by
AHS in its sole discretion. Notwithstanding anything to the contrary in this Agreement, no
purported assignment of this Agreement shall be effective if such assignment would violate the
terms, conditions and restrictions of any applicable governmental restrictions. AHS' consent to
such assignment shall be expressly conditioned upon (i) the assignee's execution of such
documents as required by AHS in its sole discretion, including, without limitation, any and all
documents deemed necessary by AHS to provide for said assignee's assumption of all of the
obligations of the Consultant hereunder and under any documents executed by the Consultant in
connection herewith, and (ii) AHS' approval of the financial and credit-worthiness of such
proposed assignee and the assignee's ability to perform all of the Consultant's obligations under
this Agreement and all documents executed in connection herewith, as may be determined by
AHS at its sole discretion.
21. Representations of Persons Executing the Agreement. The persons executing
this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and
bind the parties each purports to represent.
22. Execution in Counterparts. This Agreement may be executed in one (1) or
more counterparts, each of which will constitute an original.
23. Effectiveness of the Agreement as to AHS. This Agreement shall not be
binding on AHS until signed by an authorized representative of the Consultant, and approved
and executed by the Chief Executive Officer of AHS or his designee. The Agency shall provide
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the Consultant with written notice of the approval of this Agreement upon Community
Development Commission of the City of San Bernardino ("Commission') action.
24. Conflicts of Interest. The Consultant hereby represents that it has no interests
adverse to AHS or the Agency, at the time of execution of this Agreement. The Consultant
hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any
agreement or acquire any interests detrimental or adverse to AHS or the Agency. Additionally,
the Consultant hereby represents and warrants to AHS and the Agency that the Consultant and
any partnerships, individual persons or any other party or parties comprising the Consultant,
together with each subcontractor who may hereafter be designated to perform services pursuant
to this Agreement, do not have and, during the term of this Agreement, shall not acquire any
property ownership interest, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements relating to AHS or the
Agency, property over which AHS or the Agency have jurisdiction or any members or staff of
AHS or the Agency that have not been previously disclosed in writing to AHS, and that any such
property ownership interests, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements will not adversely
affect the ability of the Consultant to perform the services to AHS as set forth in this Agreement.
AHS acknowledges and agrees that the foregoing shall not prohibit the Consultant or any
affiliates thereof from managing or applying for funds granted by HUD pursuant to the NSP and
allocated or awarded to jurisdictions outside of the City of San Bernardino, California, or from
receiving a direct grant of funds from HUD pursuant to the NSP.
25. Non-Exclusivity. This Agreement shall not create an exclusive relationship
between AHS and the Consultant for the services set forth in Exhibit "E" or any similar or
related services. AHS may, during the term of this Agreement, contract with other consultants
for the performance of the same, similar or related services as those that may be performed by
the Consultant under this Agreement. AHS reserves the discretion and the right to determine the
amount of services to be performed by the Consultant for AHS under this Agreement, including,
not requesting any services at all. This Agreement sets forth the terms upon which any such
services will be provided to AHS by the Consultant, if such services are requested by AHS, as
set forth in this Agreement.
26. Consequential Damages and Limitation of Liability. AHS and the Consultant
agree that except as otherwise provided in this Section 26, in no event will either be liable to the
other under this Agreement for any damages including, but not limited to, special damages, loss
of revenue, loss of profit, operating costs or business interruption losses, regardless of cause,
including, breach of contract, negligence, strict liability or otherwise. The limitations and
exclusions of liability set forth in this Section 26 shall apply regardless of fault, breach of
contract, tort, strict liability or otherwise of the Consultant and AHS, their employees or
subconsultants.
27. Business Registration Certificate. The Consultant warrants that it possesses, or
shall obtain immediately after the execution and delivery of this Agreement, and maintain during
the period of time that this Agreement is in effect, a business registration certificate pursuant to
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PUgaMa4pMaAttdwmsVg da Mu mi\Ag� aW 3010b3-15-10 MCAACD bp=k Agrc M-FinaUM
Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses,
permits, qualifications, insurance and approvals of whatever nature that are legally required to be
maintained by the Consultant to conduct its business activities within the City.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
AHS
Affordable Housing Solutions of San Bernardino, Inc.
a California 501(c)(3)public benefit corporation
Dated: By:
Emil A. Marzullo, Chief Executive Officer
Approved as to Form:
By:
Timothy J. Sab6j Agency Counsel
CONSULTANT
Inland Empire Concerned African American Churches
a California 501(c)(3)public benefit corporation
Dated: By:
Name:
Title:
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Exhibit"A"
Legal Description
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Order Number. RRI-3420554
Page Number. 6
LEGAL DESCRIPTION
Real property In the City of San Bernardino,County of San Bernardino,State of California,
described as follows:
LOT 42,TRACT NO. 3538, IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 46 OF MAPS PAGE 56, RECORDS OF
SAID COUNTY.
APN: 0143-133-42
i
i
RrstAmerkan Title
Exhibit°B"
Total Development Cost Pro Forma
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EXHIBIT B TO DEVELOPMENT AGREEMENT
TOTAL DEVELOPMENT COST PRO FORMA
Acgusstton Costs
List Price 44,500 Appraisal value before rehab
Discount 445 Amount of discount allowed by the seller
Purchase Price 44,055 Difference between List Price and Discount
Closing Costs 531 Escrow and Title Fees, etc.
Subtotal Acquisition Costs 44,586
Rehabilitation Costs
Direct Rehabilitation 54,460 Cost estimated to complete scope of work
Contingency 5,446
Property Management Fee 1. [ '13;592 Intermediary fixed fee for managing property
Subtotal Rehabilitation Costs 2. 73,498
Indirect Costs
Property Taxes 175 Property taxes incurred during holding period
Homebuyer Qualifying Fee 3. 1.800 Intermediary fixed fee per homebuyer
General Contractor Fee/Olacy Co. 4. 1: : ..:8,568 Intermediary Fee: fixed% of Dir. Rehab.+ Contingency
Sales Commission 5. ' '.4,600 Intermediary Fee: % of EDA Final Price
Sales Closing Costs 2,500 Escrow, title fees,taxes etc+ at sale closing. Insurance
Subtotal Indirect Costs 6. 16,543
Financing Costs
Construction Loan Interest 7. . 0 Interest paid on construction/rehab loan
Loan Origination Fee 8. ` 0 Fee for construction/rehab loan
Subtotal Financing Costs 9.
TOTAL DEVELOPMENT COST 10 r 134,627
Sales Price
Estimatd Rehabilitated Market Sales Price 75,000 Estimated value of home after rehabilitation
Total Development Cost 11. 134,627 Total cost calculated above (No. 10)
EDA FINAL SALES PRICE 12 75,000 The lower of market sales price or tot. dev. cost
Intermediary Proceeds
Property Management Fee 13. 13,592 From No. 1 above
General Contractor Fee/O.H. 14. 8,568 From No. 3 above
Homebuyer Qualifying Fee 15. 800 From No.4 above
Sales Commission Fee 16. 4,500 From No. 5 above
Reimbursement Const. Loan Int. 17. - From No. 7 above
Reimbursement Loan Orign. Fee 18. - From No. 8 above
TOTAL INTERMEDIARY PROCEEDS 19 27,460 Total of 13 through 18 above
Exhibit"C"
Rehabilitation Scope of Work
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EXHIBIT "C" TO DEVELOPMENT AGREEMENT
REHABILITATION SCOPE OF WORK
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
COST ESTIMATE WORKSHEET
Date: January 27, 2010
Time:
Location: 1519 W. Virginia Street, San Bernardino, CA 92411
Job Duration:
Estimator:
1 TEMPORARY FACILTIES
2 Remove Chain Line Fence 1 EA 180.00
3 EA
4 Other
5 SITE WORK
6 Final Cleaning 150.00
7 Exterior Demolition
8 Grading SF
9 Excavation SF
10 Remove damaged flat concrete in rear yard 1 EA 1,500.00
11 Approach: Remove and Install New SF
12 Sidewalk: Remove and Install New SF
13 Hazardous Waste Remidiation
14
15 New Wrought Iron Fence LF
16 New Chain Link Fence LF
17 New Wood Fence 210 EA 3,150.00
18 Remove/Install Block Wall LF
19 LANDSCAPING
20 Remove and/or Trim Trees 1 EA 700.00
21 Install Sprinkler System 1 EA 1,500.00
22 Hydro Seed Yard } SF
23 Level Front Yard 1 EA 100.00
24 INTERIOR DEMOLITION
25 Repair all damaged and removed Interior 1 EA 1,200.00
Plaster and Drywall
26 Removal of other items
27 HAZARDOUS COMPONENTS ABATEMENT
28 Lead
29 Asbestos
30 Mold
31 Other
32
33 FOUNDATIONS
34
35 Replace soffit, gable and crawlspace screens 1 ALL
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
36 Replace and Install New Access Door EA 100.00
37 Construct New Access Well with Door EA 100.00
38 Footings SF
39 Concrete SF
40 FRAMING/WOOD
41 Studs LF
42 Other LF
43 EXTERIOR
44 Sandblast 1 BY 3,600.00
45 Colorcoat, repair all cracks, holes and } 1
46 damage areas BY
47 Wrap and Stucco SY
48 Insulation SF
49 EXTERIOR WINDOWS
50 Replace all windows with low-e 6 EA 2,040.00
51 Missing Putty EA
52 Install new screens EA
53 Replace broken glass panes EA
54 Remove and Install new aluminum EA
55 Block frame single hung or sliders
56 Replace front security door 1 EA 150.00
57 window EA
58 Aluminum -slider 4'x3' standard frame EA
59 Aluminum -slider 4'x3' block frame EA
60 Aluminum-slider hung 3'x4'standard EA
61 Aluminum-slider hung 3'x4' block EA
62 Aluminum-slider 5'x4'standard frame EA
63 Aluminum-slider 5'x4' block frame EA
64 Aluminum -single hung 3'x5' standard frame EA
65 Aluminum-single hung 3'x5' block EA
66 Aluminum-slider 3'x2'standard EA
67 Aluminum-slider 3'x2' block EA
68 Install vertical blinds on dining, LR &bedrooms 4 EA 300.00
69 EXTERIOR DOORS
70 Garage: Remove and Install ALL 650.00
71 Garage side door,jamg, casing & lockset 1 EA 325.00
72 Entry Door EA 325.00
Replace front door casing 1 EA
73 Replace mail boxt door 1 EA
74 ROOFING
75 Si. Complete tear off roof and sheathing 1
76 Installation of aluminized sheathe 1
77 Install compostion roof to code-30 Yr. 1 5,150.00
78 Replace all facia with new six inch fascia 1 450.00
79 Remove all Install gutter and
80 downspouts LF 180.00
81 INTERIOR CONSTRUCTION
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
82 Install R-30 Insulation in attic 1 EA 1,500.00
83 Drywall SF
84 Hollow-core interior door withhinges and 3 EA 465.00
Installation in an existing jamb. Hardboard
wood-textured and embossed
85 Repair bedroom closet doors 1 FA 150.00
86 Shower doors EA
87 Tub Enclosure FA
88 Laundry door EA
89 Other EA
90 FLOORING
91 Carpet Allowance 1 SY 1,200.00
92 Ceramic Tile SF
93 Linoleum 1 SY 600.00
94 Hardwood SF
95 Other
96 PAINTING
97 Prep and paint interior complete two coats 1 EA 1,250.00
98 Stains(kitchen, bath and other cabinets) SF
99 Repair all damaged SF
100 Paint exterior wood 1 EA 850.00
101 CARPENTRY, CABINETS AND MILLWORK
102 Remove and Install new cabinets 1 2,850.00
103 Install and Replace Formica Counter tops 1 EA 650.00
104 Repair framing and plaster as necessary 1 FA 150.00
Repair hall closet doors&cabinets 1 EA 200.00
105 PLUMBING
106 Bathtub&Shower surround 1 EA 480.00
107 Lavatory 1 EA 250.00
108 Kitchen Sink 1 FA 160.00
109 Garbage Disposal 1 EA 80.00
110 Laundry Sink EA 50.00
111 Faucets kitchen, bath &shower 3 EA 350.00
112 Bathtubs EA
113 Tub Wall Kits EA
114 Shower EA
115 Water Heater 1 EA 400.00
116 Roto Root(clean)all drain lines to street ALL 150.00
117 Remove and Install new EA 150.00
118 Anti-syphon hose bibbs
Replace cleanout cover at kitchen exterior 1 EA 50.00
Repair water leak at rear hose bib 1 EA 100.00
119 Interior water supply ball valve with 1 EA 150.00
pressure valve
120 HVAC
121 Install new system lincluding ducts& 1 FA 5,900.00
thermostat
122 Repair duct work LF
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
123 Repair HVAC Unit EA
124 Replace HVAC Unit EA
125 Remove wall heater 1 50.00
126 Other
127 ELECTRICAL
128 Remove and Install new light fixture 7 EA 3,700.00
129 Remove and Install new GFCI outlets EA
130 Remove and Install circuit/outlet EA
131 Install new GFCI outlet 3 EA
132 Remove and Install new circuit breaker EA
133 Remove and Install new wiring LF
(included with Item#45)
134 Cover Plates EA 50.00
135 Smoke detectors EA 375.00
136 Other
137
138 MISCELLANEOUS
139 Install new medicine cabinet, mirror, towel 1 EA 100.00
140 &paper holders
141 Hood vent&fan, stove, dish washer, garbage 1,500.00
142 disposal and
(ironing board cabinet-included in Item#49)
143 (allowance) 1 EA
162 Supervision 3,200.00
163
164
165
166
SUBTOTAL $48,960.00
Insurance Burden (General Liability&Workers Compenssation 2.5%)
OVERHEAD & PROFIT (15%) $6,568.50
GRAND TOTAL GENERAL CONTRACTOR'S BASE BID $57,528.50
APPROVED OPTIONS
1 Remove Existing tile and Install Slate at Front Porch 650.00
2 Install Rear Yard Sprinklers 1,000.00
3 Repipe with Copper Plumbing 3,600.00
4 Replace Interior Base Moulding 250.00
OPTIONS TOTAL $5,500.00
All line items will be performed according to City of San Bernardino Economic Development
Stabilization Program Building Standards
Exhibit"D"
Project Timeline
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Exhibit"E"
it
Scope of Services
I. Secure Property-Ensure that adequate locked fencing is installed on the perimeter of the site
when necessary. Board up windows and outer doorways when necessary in order to prevent
looting and vandalism of the Rehabilitated Home.
2. Property Management-Maintain utilities service, pay for monthly utilities bill(s) during the
holding period (the Consultant will be reimbursed for this cost), interior and exterior
appearance and marketability of the Rehabilitated Home as needed.
3. Approved Budget - The approved budget includes the estimate of the costs the Consultant
expects to incur in order to complete the Scope of Work defined herein, provided in Exhibit
aB" (the "Total Development Cost Pro Forma"). This budget estimate includes all costs
associated with the rehabilitation of the Rehabilitated Home, including labor and materials
for rehabilitation work, contingency, the Project Management Fee, the General Contractor
Fee/Overhead, the Sales Commission Fee and the Homebuyer Qualifying Fee, includes the
cost of enrolling the prospective buyer of the Rehabilitated Home deemed qualified by the
Consultant under the conditions in this Agreement (the "Qualified Homebuyer") in a
homebuyer education course administered by an AHS approved third party vendor or
organization.
4. Project Timeline - The approved estimated timeline provided in Exhibit "D" sets forth the
completion of the various steps involved in the acquisition, rehabilitation and resale of the
Rehabilitated Home (the "Project Timeline"). The timeline starts from the point that the
selected Consultant enters into the contract for the Rehabilitated Home with AHS through the
close of sale to the Qualified Homebuyer. Major steps included in the timeline are
construction period, completion of construction, issuance of the Certificate of Completion,
start of marketing period for the home, projected number of weeks needed to identify a
Qualified Homebuyer,escrow period and close of escrow.
5. Rehabilitation Scope of Work-The approved detailed, line item budget of the costs required
to complete the rehabilitation scope of work agreed upon by AHS and the Consultant,
provided in Exhibit "C" (the "Rehabilitation Scope of Work") serves as the Consultant's
price bid for the Rehabilitation Scope of Work.
6. Manage Rehabilitation Work - Manage the rehabilitation of the Rehabilitated Home to
include, but not be limited to: (i) ensuring that all tasks identified in the Rehabilitation Scope
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of Work are completed on a timely basis and all work performed satisfies AHS' standards;
(ii) conducting weekly on-site project inspections; (iii) managing relationships with all
subcontractors and vendors; (iv) obtaining all necessary permits required to complete the
Rehabilitation Scope of Work; (v) ensuring that all rehabilitation work complies with all
applicable municipal codes; (vi) submitting funds draw requests to AHS in a timely and
accurate manner; (vii) paying all sub-contractors hired by the Consultant and all vendors
providing materials used in the performance of the Rehabilitation Scope of Work on a timely
and accurate basis; and(viii)administering both conditional and unconditional lien releases.
7. Marketing— Market the Rehabilitated Home through advertising and published promotional
materials. Adhere to AHS' Affirmative Marketing Guidelines (Please see Exhibit 1c').
8. Identify Qualified Homebuyer- Identify and present prospective homebuyers to be approved
by AHS in writing, facilitate adequate homebuyer training and facilitate financing of
property which may include Down Payment Assistance from the Agency, pre-qualify the
homebuyer for eligibility to purchase the Rehabilitated Home and collect those application
documents from the Qualified Homebuyer identified in Exhibit"I", Section"A".
In addition, the Consultant is required to make best efforts to ensure that a fixed rate
permanent loan secured by a first trust deed ("First Mortgage Loan") is made available to the
Qualified Homebuyer at the lowest commercially available rate and most favorable terms.
9. Escrow—Work with the AHS selected title company and manage the escrow process through
closing on behalf of the Qualified Homebuyer, ensure that all AHS sale documents are
executed, notarized and recorded as needed.
10. Files — Maintain adequate files for the Rehabilitated Home, ensuring compliance with all
Neighborhood Stabilization Program requirements, files shall include, but not be limited to,
all documents listed in Exhibit"I", and all documents required to verify compliance with the
Affirmative Marketing Guidelines stated in Exhibit "K", such as homebuyer waiting lists,
copies of advertisements published in local and community newspapers,etc.
11. Appraisal — Work with the AHS designated Appraiser to determine the sales price for the
Rehabilitated Home.
12. Environmental - Ensure that all environmental mitigation measures recommended by AHS'
Environmental Consultant are carved out as part of the Rehabilitation Scope of Work.
Provide proof of completion of these mitigation measures.
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13. Closing Requirements:
A. The Consultant shall cause the closing of the sale of the Rehabilitated Home by
following the procedures and complying with the requirements set forth in Exhibit
"P", Section A.
B. The Consultant shall cause the closing of any Agency Down Payment Assistance
Loans, if applicable, in accordance with the procedures and requirements established
in Exhibit"I", Section B.
14. Building Standards:
The Consultant shall adhere to the building standards stipulated in Exhibit "L" when
performing any rehabilitation work on the Rehabilitated Home.
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P41geMedAgmdeAnechmen[eUgenda Atte -,.\Agm A.W 30101Y3-15-10 MCAAC Development Agrxmem-Fiwl d.,
Exhibit "F"
AHS Representatives
AHS Officers:
Emil A. Marzullo,
Chief Executive Officer
Carey K.Jenkins,
Chief Operating Officer
Authorized AHS Representatives:
Samuel Hughes,
Consultant
Fernando S. Portillo,
Consultant
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EXHIBIT "G"
Insurance Requirements
The Consultant and its General Contractor shall maintain insurance policies issued by an
insurance company or companies authorized to do business in the State of California and
that maintain during the term of the policy a "General Policyholders Rating" of at least
A(v), as set forth in the then most current edition of"Bests Insurance Guide," as follows:
(1) Automobile Insurance. Comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per
occurrence for each vehicle leased or owned by the Consultant or its subcontractors and
used in performing work under this Agreement.
(2) Worker's Compensation Insurance. Worker's compensation
coverage in accordance with California workers' compensation laws for all workers under
the Consultant's and/or subcontractor's employment performing work under this
Agreement.
(3) Liability Insurance. AHS requires comprehensive liability
insurance, including coverage for personal injury, death,property damage and contractual
liability, with a limit of at least One Million Dollars ($1,000,000), including products and
completed operations coverage. Said insurance shall be primary insurance with respect
to AHS and the Agency. The Consultant shall require and ensure that the Consultant's
contractors include AHS and the Agency, as additional insureds on all general liability
insurance covering work at the Rehabilitated Home. All insurance policies required of
the Consultant or its contractors as provided herein, shall extend the subject insurance
coverage to:
"The City of San Bernardino, the Redevelopment Agency of the City of
San Bernardino and Affordable Housing Solutions of San Bernardino, Inc., their officers
officials, attorneys, agents, employees and volunteers"
In lieu of directly obtaining the insurance coverage mentioned in this Exhibit"G",
the Consultant can require its General Contractor to name the Consultant as an additional
insured on the insurance policies obtained by the General Contractor for the purposes of
satisfying the insurance requirements herein.
Concurrent with the execution of this Agreement and prior to the commencement
of any work by the Consultant, the Consultant shall deliver to AHS, copies of policies or
certificates evidencing the existence of the insurance coverage required herein, which
coverage shall remain in full force and effect continuously throughout the term of this
Agreement. Each policy of insurance that the Consultant purchases in satisfaction of the
insurance requirements of this Agreement shall name AHS,the Agency and if applicable,
the Consultant as an additional insured and shall provide that the policy may not be
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cancelled, terminated or modified, except upon thirty (30) days prior written notice to
AHS.
Failure on the part of the Consultant to procure or maintain the insurance
coverage required in this Exhibit "G" for fifteen (15) days or longer shall constitute a
material breach of this Agreement pursuant to which AHS may exercise all rights and
remedies set forth herein and, at its sole discretion, and without waiving such default or
limiting the rights or remedies of AHS, procure or renew such insurance and pay any and
all premiums in connection therewith and all monies so paid by AHS shall be reimbursed
by the Consultant to AHS upon demand including interest thereon at the rate of ten
percent (10%) per annum interest compounded annually from the date paid by AHS to
the date reimbursed by the Consultant. The Agency shall have the right, at its election,to
participate in and control any insurance claim adjustment or dispute with the insurance
carrier. The Consultant's failure to assert or delay in asserting any claim shall not
diminish or impair the rights of AHS against the Consultant or the insurance carrier.
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Exhibit "H"
Consultant Payment and Reimbursement
The Consultant shall be paid four (4) different fees by AHS. The four (4) fees that the
Consultant is eligible to receive are:
1. Project Management Fee;
2. General Contractor Fee/Overhead;
3. Homebuyer Qualifying Fee; and
4. Sales Commission Fee.
The amount of the fees to be paid to the Consultant by AHS for completing the Scope of
Services detailed in Exhibit "E" is recorded in the Development Pro Forma attached as
Exhibit"B"to this Agreement. The costs contained in the Development Pro Forma serve
as the budget for the project, and the Consultant will be required to complete the work in
accordance with that budget. This budget must be approved by AHS Representative(s)
prior to the start of any rehabilitation work by the Consultant.
Project Management Fee—The Project Management Fee is the compensation received by
the Consultant for securing, maintaining and marketing the property. Some of the tasks
that might be included under this function are such things as, fencing the property,
mowing the lawn, clearing debris from the lawn, removal of graffiti, etc. The Project
Management Fee may also include any marketing costs incurred by the Consultant, such
as online or print advertising and website design, as approved by AHS. The Consultant is
eligible to receive fifty percent (50%) of this fee upon commencement of the
Rehabilitation Scope of Work, to be invoiced by the Consultant in the first funds draw
request submitted by the Consultant to AHS. The remaining portion of this fee shall be
payable to the Consultant after the rehabilitation work is completed, as evidenced by an
AHS issued Certificate of Completion or a City issued Certificate of Occupancy, as
applicable. The remaining portion of this fee shall be paid to the Consultant upon the
close of the Rehabilitation Home Sales Escrow.
General Contractor Fee/Overhead — The General Contractor Fee/Overhead is the total
amount paid by AHS for management of the rehabilitation work as defined in Exhibit
"E", Section 6. If the Consultant hires a General Contractor, then the Consultant is
responsible for negotiating a fee structure with its hired General Contractor, but in no
event, will AHS pay an amount above the General Contractor Fee/Overhead stated in this
Agreement, nor will AHS pay a separate General Contractor Fee/Overhead to the General
Contractor. The amount of this fee is a fixed fee for the rehabilitation work. The costs of
the rehabilitation work shall include direct labor and materials involved in the
performance of the Rehabilitation Scope of Work plus the budgeted contingency for this
work. A portion of this fee commensurate with the percentage of completion of the
Rehabilitation Scope of Work shall be paid with each funds draw request submitted by
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the Consultant.
Any additional costs arising from unexpected conditions on the site or other unexpected
difficulties must be written up as a change order and AHS Representative(s) must sign
and approve the change order at the discretion of the AHS Representative(s) in order for
these costs to be included as part of the overall rehabilitation costs, which would then
increase the absolute amount of the General Contractor Fee/Overhead.
Homebuyer Qualifying Fee — This fee is paid to the Consultant for identifying and
assisting AHS in qualifying the prospective homebuyer for the sale of the Rehabilitated
Home. This is a one-time fixed fee. This fee will include the Consultant's
reimbursement for any costs associated with the prospective homebuyer's "Homebuyer
Education Training"and payments to third party service providers, such as Neighborhood
Housing Services of the Inland Empire ("NHSIE"), or another such service provider.
The Homebuyer Qualifying Fee shall be paid upon the close of the Rehabilitated Home
Sales Escrow.
Sales Commission Fee — The sales Commission Fee represents the payment received by
the Consultant for managing the Rehabilitated Home Sale Escrow process on behalf of
AHS to assist the Qualified Homebuyer through the Rehabilitated Home Sales Escrow
process. The amount of this fee is calculated as a fixed percentage of the final sales price
to the Qualified Homebuyer. The Sales Commission Fee shall be paid upon the close of
the Rehabilitated Home Sales Escrow.
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P UgeM Agenda Anwc ente Benda At hmentMgMSAmend 301PD3-1}10I MC Development Agreement-Fim A.
Exhibit"I"
Closing Requirements
A. Sale of Rehabilitated Properties
The Consultant shall initiate the sale of a Rehabilitated Property to a Qualified
Homebuyer by submitting to the Agency a purchase/sale agreement executed by the
prospective homebuyer, verifying documentation from the prospective buyer with respect
to residency, income and the property condition as the Agency, or its designee, may
reasonably request (collectively, "Homebuyer Application"). [NOTE: NSP regulations
limit the income on NSP funded properties. The Agency should be involved in the
negotiation of sales documents of the properties.] The Homebuyer Application shall
consist of the following information in the form provided or approved by the Agency:
i. Last Three (3) Years Tax Returns (State and Federal) (1040's) signed with
W2's attached. Two (2) Current Pay Stubs for all household members who
will reside in the home.
ii. A California Association of Realtors California Residential Purchase
Agreement fully executed by the prospective homebuyer (With
Agency Addendum(s)attached).
iii. Neighborhood Stabilization Program Homebuyer Application.
iv. Income Certification.
V. Application Affidavit— Completely filled out and signed by the prospective
homebuyer.
vi. Signed Lead-Base Paint Disclosure Form (for homes built prior to 1978).
The Agency does not supply this form.
vii. Copy of Employment Verification for each Homebuyer.
viii. 2 Months of Current Bank Statements.
ix. 3-Year Rental History.
X. Homebuyer Education Certificate from NHSIE or another like service
provider.
V thin seven (7) calendar days after the receipt of the Homebuyer Application by the
Ae ncy, Agency Staff will notify the Consultant of approval or denial of the prospective
ho iebuyer's eligibility and confirmation of such eligibility by means of a Reservation
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Letter (all reservations will be automatically valid for sixty (60) calendar days from the
date of confirmation) [NOTE: The Agency should execute the sales agreement]. Upon
notification by Agency Staff of the prospective homebuyer's eligibility, the Consultant
shall open an Escrow account with an Agency approved escrow company (the "Escrow
Holder"). The Agency shall famish the Escrow Holder with executed escrow
instructions. The Consultant shall not permit any Escrow to close for the sale of a
Rehabilitated Property until and unless the escrows instructions executed by the Agency
(and countersigned, if requested by Agency Staff, by the First Trust Deed Lender) have
been submitted to the Escrow Holder. As provided in the Agency escrow instructions,
Escrow shall also not close unless and until:
1. The Escrow Holder holds the following documents : (1) Agency Notice of
Affordability Restrictions executed by the Qualified Homebuyer and
notarized; and (2) a grant deed with respect to the Rehabilitated Property
purchased by the Qualified Homebuyer, executed and acknowledged by
the selling entity; and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Property is provided to the Agency naming the Agency as
additionally insured; and
3. Rehabilitation of the Rehabilitated Property shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and the City shall have issued a final certificate of occupancy
for the Rehabilitated Property; and
4. The Consultant's execution and delivery to the Agency of the Sub-
agreement.
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Project or the Rehabilitated Property.
Within seven (7) calendar days after the receipt of the Homebuyer Application by AHS,
the AHS Representative(s) will notify the Consultant of approval or denial of the
prospective homebuyer's eligibility and confirmation of such eligibility by means of a
Reservation Letter (all reservations will be automatically valid for sixty (60) calendar
days from the date of confirmation) [NOTE: AHS should execute the sales agreement].
Upon notification by the ABS Representative(s) of the prospective homebuyer's
eligibility, the Consultant shall open the Rehabilitation Home Sales Escrow account with
an AHS approved escrow company (the "Escrow Holder"). AHS shall furnish the
Escrow Holder with executed escrow instructions. The Consultant shall not permit the
Rehabilitation Home Sales Escrow to close until and unless the escrow instructions
executed by AHS (and countersigned, if requested by AHS Representative(s), by the First
Trust Deed Lender) have been submitted to the Escrow Holder. As provided in the AHS
escrow instructions, Escrow shall also not close unless and until:
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1. The Escrow Holder holds the following documents : (1)Agency Notice of
Affordability executed by the Qualified Homebuyer; and (2) a grant deed
with respect to the Rehabilitated Home, executed and acknowledged by
the selling entity(the"AHS Grant Deed"); and
2. Proof of hazardous insurance for the full replacement cost of the
Rehabilitated Home is provided to AHS naming AHS and the Agency as
additionally insured; and
3. The Rehabilitation Scope of Work shall have been completed in
accordance with this Agreement and with all applicable City permits and
ordinances, and AHS shall have issued a Certificate of Completion or the
City shall have issued a Certificate of Occupancy for the Rehabilitated
Home, as applicable; and
No Event of Default shall exist under this Agreement or under any agreement or
instrument relating to any financing for the Rehabilitated Home.
B. Down Payment Assistance
In the case where the Qualified Homebuyer needs down payment assistance to facilitate
the purchase of the Rehabilitated Home, the Consultant shall assist the Qualified
Homebuyer in applying for such assistance from the Redevelopment Agency of the City
of San Bernardino's ("Agency") Homebuyer Assistance Program ("HAP"), at the
Qualified Homebuyer's election. The requirements and the application process for
obtaining such assistance are described fully in the Agency's HAP Program Manual,
which can be obtained at the Agency's offices. The process for applying for such
assistance is summarized below, but in the event that a conflict exists between the
description of the HAP Program contained herein and the HAP Program Manual, the
requirements and procedures described in the HAP Program Manual shall prevail.
In order to reserve Agency Down Payment Assistance Loan assistance to facilitate the
purchase of the Rehabilitated Home, the Consultant must include in the Homebuyer
Application described in Section A, herein, the following information in the form
provided or approved by AHS and the Agency:
i. Verification for Applicant Eligibility, completely filled out and signed by the
prospective homebuyer and the First Trust Deed Lender;
ii. Copy of Credit Report. If the prospective homebuyer lacks credit history or
scores are lower than 640, please provide secondary credit such as a landlord
letter or utility statements; and
iii. Agency Down Payment Assistance Loan Worksheet.
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The obligation of the Agency to fund each Agency Down Payment Assistance Loan shall
be subject to satisfaction of all of the conditions stated in Section A,herein, together with
the following conditions (collectively,the"Closing Conditions"):
(a) The Escrow Holder holds the following documents: 1) the Qualified
Homebuyer Agency Down Payment Assistance Loan Agreement executed by
the Qualified Homebuyer and the Agency; (2) the Agency Promissory Note
executed by the Qualified Homebuyer in favor of the Agency in the same
amount as the Agency Down Payment Assistance Loan; and (3) the Agency
Subordinate Deed of Trust and Assignment of Rents acknowledged and
executed by the Qualified Homebuyer in favor of the Agency; and
(b) Any one of the following title companies whether(i)First American Title, (ii)
North American Title, (iii) Chicago Title, (iv) Stewart Title or(v) another title
insurer approved by the Agency ("Title Company") shall have assured the
Agency in writing that with respect to each Agency Down Payment
Assistance Loan, the Agency shall receive upon recordation of the Agency
Subordinate Deed of Trust and Assignment of Rents a CLTA lenders policy of
title insurance in the amount of the Agency Down Payment Assistance Loan
Note (the "Agency Title Policy") insuring the priority of the Agency
Subordinate Deed of Trust and Assignment of Rents, subject only to the First
Mortgage Loan and other exceptions approved by the Agency following the
Agency's prior review of a preliminary title report for the Rehabilitated
Home, which preliminary title report must be received by the Agency no later
than seven (7) calendar days after the approval by the Agency of the
i Homebuyer Application; and
1
(d) The Agency shall have reviewed and approved the Qualified Homebuyer for
the Agency Down Payment Assistance Loan in the Agency's sole discretion,
and the eligibility conditions in the applicable sections of the HAP Manual
shall have been satisfied. In accordance with the Neighborhood Stabilization
Program, the Rehabilitated Home is not restricted for sale to first-time
homebuyers; therefore, these properties are exempt from the requirements in
Section II. B. 1. of the HAP Manual; and
(e) No stop notice or mechanics' lien shall have been filed against the
Rehabilitated Home unless discharged as provided by law.
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EXHIBIT "J"
Events of Default and Remedies
A. Events of Default
The occurrence of any of the following shall, after the giving of any notice described
therein, constitute a default by the Consultant hereunder("Event of Defaulf):
(1) The failure of the Consultant to pay or perform any monetary
covenant or obligation under the Agreement or any of the documents executed in
connection herewith, without curing such failure within ten (10) calendar days after
receipt of written notice of such default from AHS (or from any party authorized by AHS
to deliver such notice as identified by AHS in writing to the Consultant);
(2) The failure of the Consultant to perform any non-monetary
covenant or obligation hereunder or any of the documents executed in connection
herewith that results in a material adverse effect to AHS, without curing such failure
within thirty (30) calendar days after receipt of written notice of such default from AHS
(or from any party authorized by AHS to deliver such notice as identified by AHS in
writing to the Consultant) specifying the nature of the event or deficiency giving rise to
the default and the action required to cure such deficiency; provided, however, that if any
default with respect to a non-monetary obligation is such that it cannot be cured within a
thirty-day period, it shall be deemed cured if the Consultant commences the cure within
said thirty-day period and diligently prosecutes such cure to completion thereafter.
Notwithstanding anything herein to the contrary, the herein described notice requirements
and cure periods shall not apply to any Event of Default described in Sections (3)through
(6)below;
(3) The falsity of any representation or breach of any warranty or
covenant made by the Consultant under the terms of this Agreement or any documents
executed in connection herewith;
(4) The Consultant or any constituent member or partner, or majority
shareholder, of the Consultant shall (a) apply for or consent to the appointment of a
receiver, trustee, liquidator or custodian or the like of its property, (b) fail to pay or admit
in writing its inability to pay its debts generally as they become due, (c) make a general
assignment for the benefit of creditors, (d) be adjudicated a bankrupt or insolvent or (e)
commence a voluntary case under the Federal bankruptcy laws of the United States of
America or file a voluntary petition that is not withdrawn within ten (10) calendar days
after the filing thereof or an answer seeking an arrangement with creditors or an order for
relief or seeking to take advantage of any insolvency law or file an answer admitting the
material allegations of a petition filed against it in any bankruptcy or insolvency
proceeding;
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(5) If without the application, approval or consent of the Consultant, a
proceeding shall be instituted in any court of competent jurisdiction, under any law
relating to bankruptcy, in respect of the Consultant or any constituent member or partner,
or majority shareholder, of the Consultant, for an order for relief or an adjudication in
bankruptcy, a composition or arrangement with creditors, a readjustment of debts, the
appointment of a trustee, receiver, liquidator or custodian or the like of the Consultant or
of all or any substantial part of the Consultant's assets, or other like relief in respect
thereof under any bankruptcy or insolvency law, and, if such proceeding is being
contested by the Consultant, in good faith, the same shall (a) result in the entry of an
order for relief or any such adjudication or appointment, or (b) continue undismissed, or
pending and unstayed, for any period of ninety(90) consecutive calendar days;
(6) Voluntary cessation of the construction activities, active property
management, or marketing activities related to the Rehabilitated Home for a continuous
period of more than ten (10) calendar days or the involuntary cessation of the above
named activities in accordance with this Agreement for a continuous period of more than
thirty (30) calendar days;
(7) A mechanic's lien or any other type of encumbrance on AHS'
property resulting from the Consultant's failure to fulfill its financial or other contractual
obligations with respect to any of its vendors or subcontractors is not removed within ten
(10) calendar days after receipt of written notice of such default from AHS (or from any
party authorized by AHS to deliver such notice as identified by AHS in writing to the
Consultant).
B. AHS Remedies:
Upon the occurrence of an Event of Default hereunder, AHS may, in its sole
discretion,take any one or more of the following actions:
(1) Withhold any payment of fees or reimbursement of eligible
expenses to the Consultant unless and until the Event of Default (if curable) is cured or
this Agreement is terminated in accordance with Section 9 of this Agreement;
(2) Demand reimbursement from the Consultant for any payments
made to it by AHS for which the contracted work product was not satisfactorily delivered
by the Consultant;
(3) Confiscate any material or other work product purchased or
produced by the Consultant during the course of completing the Scope of Work indicated
in this Agreement;
(4) Take any and all actions and do any and all things which are
allowed, permitted or provided by law, in equity or by statute, in the sole discretion of
AHS, to enforce performance and observance of any obligation, agreement or covenant
of the Consultant under this Agreement or under any other document executed in
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PU,M. ,M.AnsOme.m,.de AnecM1memsUgmms-Ammtl 201M05-15-10 D:CAAC Developmem A,—.-Fin da
connection herewith;
(5) Upon the occurrence of an Event of Default which is occasioned
by the Consultant's failure under this Agreement to pay money, AHS may, but shall not
be obligated to, make such payment. If such payment is made by AHS, the Consultant
shall deposit with AHS, upon written demand therefore, such sum plus interest at the rate
of ten percent (10%) per annum with interest to be compounded annually. In either case,
the Event of Default with respect to which any such payment has been made by AHS
shall not be deemed cured until such repayment (as the case may be) has been made by
the Consultant;
(6) Upon the occurrence of an Event of Default described in Section
A.(4) or A.(5) hereof, AHS shall be entitled and empowered by intervention in such
proceedings or otherwise to file and prove a claim for any amount owing to AHS under
this Agreement and unpaid and, in the case of commencement of any judicial
proceedings, to file such proof of claim and other papers or documents as may be
necessary or advisable in the judgment of AHS and its counsel to protect the interests of
AHS and to collect and receive any monies or other property in satisfaction of its claim.
C. AHS Default and Consultant Remedies:
Upon fault or failure of AHS to meet any of its obligations under this Agreement
without curing such failure within thirty(30) calendar days after receipt of written notice
of such failure from the Consultant specifying the nature of the event or deficiency giving
rise to the default and the action required to cure such deficiency,the Consultant may, as
its sole and exclusive remedies:
(1) Bring an action in equitable relief seeking the specific performance
by AHS of the terms and conditions of this Agreement or seeking to enjoin any act by
AHS which is prohibited hereunder; and/or
(2) Bring an action for declaratory relief seeking judicial
determination of the meaning of any provision of this Agreement. Without limiting the
generality of the foregoing, the Consultant shall in no event be entitled to, and hereby
waives, any right to seek indirect or consequential damages of any kind or nature from
the Consultant arising out of or in connection with this Agreement, and in connection
with such waiver the Consultant is familiar with and hereby waives the provisions of
Section 1542 of the California Civil Code which provides as follows: "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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EXHIBIT "K"
Affirmative Marketing Requirements
In accordance with the California Fair Employment and Housing Act,the Consultant acting
as agent for AHS, the owner and seller of the Rehabilitated Home, in marketing the sale of
the Rehabilitated Home, must adhere to the following affirmative marketing guidelines in
order to create awareness for the general public and certain community groups as to the
availability of residential properties designated for lower- and/or moderate-income
households.
1. Provide an affirmative marketing plan and procedures for the sale of the Rehabilitated
Home. Procedures to be used must identify how persons in the housing market area
who are not likely to apply for the housing without special outreach shall be informed
and made aware of available affordable housing opportunities.
2. The Consultant's Affirmative Marketing Plan shall consist of a written marketing
strategy designed to provide information and to attract eligible persons in the housing
market area to the Rehabilitated Home without regard to race, color, national origin,
sex, religion, marital and familial status, disability, medical condition, sexual
orientation, or ancestry. It shall describe initial advertising, outreach (community
contacts) and other marketing activities, which will inform potential buyers of the
availability of the Rehabilitated Home. It shall also outline an outreach program which
includes special measures designed to attract those groups identified as least likely to
apply without special outreach efforts (because of existing neighborhood racial or
ethnic patterns, location of housing or other factors) and other efforts designed to attract
persons from the total eligible population.
3. Insert Equal Housing Opportunity logotype, statement or slogan on all written
outreach tools (i.e., signs, advertisements, brochures, direct mail solicitations, press
releases, etc.)
4. In addition to the above, the Affirmative Fair Housing Marketing Plan shall outline:
a. Commercial Media to be used (i.e., community newspapers and non-English
language newspapers, radio, television, billboards, religious or local real estate
publications, etc.).
b. Marketing efforts to be used (i.e., brochures, letters, handouts, direct mail,
signs, etc.)
c. Community contacts to supplement formal communications media for the
purpose of soliciting those groups least likely to purchase the available housing
without special outreach efforts. They should be individuals or organizations
(i.e., service agencies, community organ zations, places of worship, etc.) that
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have direct and frequent contact with those identified as least likely to apply.
The contacts should also be chosen on the basis of their positions of influence
within the general community and the particular target group. AHS and its
designees must agree to establish and maintain contact with the identified
contacts.
5. The Consultant shall maintain records of all prospective homebuyer applicants,
including their race, ethnicity and gender, reasons for denial of application, placement
on a waiting list,etc.
6. The Consultant shall also provide for the selection of applicants from a written
waiting list in the chronological order of their application, insofar as is practicable,
and provide prompt written notification to any rejected applicants of the grounds for
any rejection.
7. The Consultant shall apply for first trust deed financing to be applied towards the
purchase of the Rehabilitated Home from a lender listed on the Agency's or AHS'
Approved Lender List.
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EXHIBIT "Lf5
Building Requirements
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ECONOMIC DEVELOPMENT AGENCY
Neighborhood Stabilization Program
"Minimum Building Standards"
June 2009
Table of Contents
1000—General Requirements...................................................................................................................... 1
1010—General............................................................................................................................................ 1
1020-Terminology.................................................................................................................................... 1
1030-General Quality Requirement s..................................................................................................... i
1040-Substitutions/Alternatives............................................................................................................ 2
1050-Optional Green Building Practices..............................................................................................3
1100-Temporary Facilities and Temporary Controls..............................................................................3
1110—Site Usage......................................................................................................................................3
1200-Project Closeout.................................................................................................................................4
1210—Final Cleaning................................................................................................................................4
1220—Operations Manuals and Warranties..........................................................................................5
1230—Systems Startup............................................................................................................................5
2000-Building Sitework/Site Preparation................................................................................................5
2010-Site Clearing and Demolition........................................................................................................5
2020-Site Earthwork................................................................................................................................5
2040—Site Hazardous Waste Remediation ...........................................................................................6
2100 -Site Improvements.............................................................................................................................6
2110—Roadways, Driveways,and Walkways.......................................................................................6
2150—Fencing...........................................................................................................................................7
2150 -Landscaping...................................................................................................................................8
2200 Site Civil/Site Utilities.........................................................................................................................8
2210 -Utilities.............................................................................................................................................8
3100-Selective Demolition..........................................................................................................................8
3110-Building Elements Demolition......................................................................................................8
3120 -Hazardous Components Abatement..........................................................................................10
4000-Foundations.......................................................................................................................................10
4010-Standard Foundations..................................................................................................................10
4030-Slabs on Grade..............................................................................................................................11
5000-Superstructure...................................................................................................................................11
5010—Framing/Wood............................................................................................................................11
5100-Exterior Enclosure............................................................................................................................12
5110-Exterior Walls.................................................................................................................................12
5111 -Stucco I Plaster.........................................................................................................................12
5112- Exterior Insulation....................................................................................................................12
5113-Caulking and Joint Sealants...................................................................................................13
5120 - Exterior Windows..........................................................................................................................13
5130 - Exterior Doors/Garage Doors....................................................................................................14
5140-Flashing...........................................................................................................................................16
5200-Roofing ..............................................................................................................................................16
5210 - Roof Coverings..............................................................................................................................16
5220-Gutters and Downspouts............................................................................................................16
6000- Interior Construction ........................................................................................................................17
6010- Partitions/Ceilings......................................................................................................................17
6011 -Interior Insulation.....................................................................................................................17
6012 -Drywall........................................................................................................................................17
6020 -Interior Doors.................................................................................................................................18
7000-Finishes..............................................................................................................................................18
7010-Ceramic Tile..................................................................................................................................18
7020- Floor Finishes................................................................................................................................19
7030-Ceiling Finishes.............................................................................................................................20
7040 -Painting...........................................................................................................................................20
8100-Furnishings.......................................................................................................................................24
8110-Carpentry,Cabinets, and Millwork.............................................................................................24
9000-Plumbing, Mechanical,Electrical...................................................................................................25
9010-Plumbing Fixtures.........................................................................................................................25
9020-Domestic Water Distribution.......................................................................................................26
9030-Sanitary Waste...............................................................................................................................26
9100-Heating,Ventilating,and Air Conditioning(HVAC)......................................................................27
9110-Heating and Ventilating...............................................................................................................27
9200-Fire Protection Systems..................................................................................................................28
9210-Fire Protection Specialties..........................................................................................................28
9300-Electrical Systems.............................................................................................................................28
9310-Electrical Service and Distribution.............................................................................................28
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 1 of 28
1000 —General Requirements
1010 —General
.1. These Minimum Building Standards (Standards) have been developed by the City of
San Bernardino Economic Development Agency(EDA)for use on the Neighborhood
Stabilization Program (NSP).
.2. These Standards shall apply to all properties covered by the NSP.
.3. All materials, supplies, costs of permits, and labor to complete the specified
rehabilitation or repairs, shall be the responsibility of the Builder/Developer unless
specified otherwise by the EDA.
.4. Any drawings or sketches which may be furnished by the EDA or required by the
Builder/Developer are intended to clarify or further describe the propert. Should the
Builder/Developer find discrepancies in, or omissions from, these drawings or sketches
or should he/she be in doubt as to their meaning, they should contact the EDA for
clarification. Because of the nature of work being done, some details of sketches or
drawings may be"typical' and grades, dimensions and exact existing conditions must
be verified at the property before commencing work.
.5. Any additional work that EDA want the Builder/Developer to do should be done after
completion of the Rehabilitation work, if at all possible. A separate contract will be
signed between the EDA and Builder/Developer before the work is to start.
1020 -Terminology
.1. When used in these Standards, the following definitions shall apply:
A. Install -The item referred to shall be installed with all necessary hardware, trim,
fittings, and material necessary to make ready for use. All material shall be new.
B. Replace -The existing item referred to shall be removed prior to installation of
the new item.
C. Trim -When used in conjunction with painting, includes roof vents and pipes,
eaves, molding, casing, underside of all doors, and any items other than walls
and ceilings.
D. Rehabilitation -All repairs to or replacement of present elements of an existing
building, such as windows, stairs, flooring, or wiring; rearrangement of rooms by
the relocation of partitions or by the installation of new bathrooms and kitchens;
or the general replacement of the interior of a building. This may or may not
include changes to structural elements such as floor systems, columns or load
bearing interior or exterior walls.
1030 -General Quality Requirements
.1. In order to establish standards of quality, the Standards may refer to certain products
by name and/or catalog number. This procedure is not to be construed as eliminating
from competition other products of equal or better quality by other manufacturers, at
approximately the same cost.
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.2. All material and each part or detail of the work shall be subject at all times to
inspection by the EDA, and the Builder/Developer will hold to the true intent of the
Standards in regard to-quality of material, workmanship, and the diligent execution of
the contract.
.3. Materials installed shall be of such kind and quality to ensure that the dwelling will
provide acceptable durability, economy of maintenance and adequate resistance to
weather, moisture, corrosion and fire. The EDA may request evidence of a material's
compliance with the requirements of the structure's plans and specifications and these
Standards. Product labels are considered acceptable evidence.
A. The EDA may require that the Builder/Developer carry out a durability evaluation
or conduct a building assessment to determine if the materials to be used comply
with any green strategies.
.4. All work shall be executed by skilled craftsman, experienced in their trade, and in
accordance with accepted practices of their trade. All work shall be of the highest
standards and methods.
.5. Unless specifically noted otherwise, all construction methods and materials used shall
conform to the California Building Code as adopted by the City of San Bernardino and
shall be done in accordance with any other ordinances passed and adopted by the
City of San Bernardino (i.e., zoning codes, fire codes, etc.). This includes all repairs,
finishes, fixtures, and new work.
.6. All plumbing and gas work shall be done in accordance with the Uniform Plumbing
Code as adopted by the City of San Bernardino.
.7. All heating and cooling work shall be done in accordance with the Uniform Mechanical
Code as adopted by the City of San Bernardino.
.8. All electrical work shall be done in accordance with the national Electric Code as
adopted by the City of San Bernardino.
.9. Where work involves colors, the Builder/Developer will provide the EDA with samples
of all colors for the particular item (roofing, stucco, paint, stain, flooring, etc.), and the
EDA will select the color and finish by initialing the color sample and state for
whaUwhere it will be used (exterior, interior, fascia, soffit,trim, doors, ceiling, walls,
etc.). A maximum of three colors each may be selected for exterior and interior.
.10. If the EDA has agreed to correct certain specified existing code violations,which are to
be excluded from the work done by the Builder/Developer, the work on such violations,
if done at the same time the Builder/Developer is on the job, shall be coordinated by
the EDA and Builder/Developer so as to provide for a smooth flow of the work.
1040 -Substitutions/Alternatives
.1. The Builder/Developer shall furnish a list of any proposed desired substitutions prior to
the signing of the contract.
.2. These standards are intended to encourage the use of new or innovative technologies,
methods and materials. Alternatives and non-conventional or innovative methods and
materials shall be equivalent to these standards in the areas of quality, durability,
economy of maintenance, operation and usability.
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.3. Certain conditions in the geographic area or on the site may justify modification of
specific standards, or make compliance with the standards impracticable or
impossible. In these cases, approval by the EDA is required.
1050- Optional Green Building Practices
.1. Builder/Developers are encouraged to incorporate any green building practice that
offers an opportunity to create environmentally sound and resource-efficient buildings.
.2. In an effort to encourage modem, green building, and energy-efficiency improvements,
Builder/Developers are encouraged to incorporate HUD's healthy homes interventions
including these seven steps ensuring housing is made and kept:
A. Dry. Ensure proper drainage away from housing, clean repair gutters and
downspouts, repair leaks seal roofs and windows.
B. Safe: Install safety devices on doors, cabinets, window blinds and outlets,
provide adequate storage for all poisonous items out of reach of children and
labeled in the proper containers; install smoke detectors and carbon monoxide
detectors; have appropriate fire extinguishers available.
C Well-ventilated Service and maintain heating and cooling systems;provide
exhaust fans for kitchens, bathroom and dryers to the outside to reduce mold,
change furnace filters.
D. Pest-free: Provide proper storage and disposal for food products, caulk and seat
holes, use least toxic pest management methods.
E. Contaminant-free. Remove lead based paint hazards properly;provide test kits
for radon, reduce volatile organic compounds in paint, carpet, etc.
F. Clean Install dust walk-off systems in entry ways;provide smooth, cleanable
surfaces;provide effective storage space and containers; choose flooring that is
easy to clean.
G. Well-maintained Important maintenance calendar for inspecting, cleaning,
repairing, replacing housing components/systems.
.3. Throughout these Standards, the EDA has inserted opportunities in which green
building practices can be achieved.
1100 -Temporary Facilities and Temporary Controls
1110— Site Usage
.1. All temporary facilities and controls required for the project shall be provided by the
Builder/Developer.
.2. The Builder/Developer will provide daily clean-up of all debris related to the work of the
project as required. Provide a dumpster on site for the duration of construction for
disposal of construction debris. All work area(s) shall be left broom clean at the end of
each work day.
.3. Immediately, at the end of " e work, the Builder/Developer shall remove all of their
debris, rubbish, refuse, an nused material from the property and street.
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.4. The Builder/Developer will provide all temporary 6-foot high chain link safety and
security fencing for construction operations required for the work of this project.
Fencing shall conform to the following specifications:
A. 6-foot high chain link fence with 80% or greater green or black wind
screen/mesh.
i
B. Mesh shall be attached with hog rings.
C. Includes man and vehicle gates where required.
D. Gateposts shall be of size to accommodate the size of opening and its intended
purpose.
E. All gateposts shall be cored or driven into the ground.
F. Core holes shall be filled with concrete once temporary fence is removed. Slurry
seal all in A/C areas.
G. Fencing shall be set back beyond site work improvements.
.5. On-site materials pertaining to the project and partially completed roofs shall be
temporarily protected during inclement weather. It is the responsibility of the
Builder/Developer to maintain a watertight condition to prevent any water damage to
the building once the roof has been removed until it has been completely patched.
.6. The Builder/Developer shall provide temporary power as needed for the project.
7. Provide and maintain dust and erosion control throughout the duration of the work and
as required for the work of the project.
.8. The Builder/Developer shall provide protection, acceptable to the EDA, for any existing
surfaces or equipment that have been selected to remain.
.9. GREEN OPPORTUNITY. Minimize the site disturbance during construction.
A. Control the impact area by designating vehicle parking farther from the site
B. Store building materials inside a garage or protected area.
C Protect all existing trees with fencing to include the drip line in an effort to avoid
over compaction of the soil around the trees.
1200 - Project Closeout
1210 — Final Cleaning
.1. Prior to the final inspection, the Builder/Developer will provide final clean-up of the
building and property.
.2. Remove all plaster and paint smears and drops; clean all windows, screens, doors,
finished hardware and plumbing fixtures; polish all chrome, clean and polish all
countertops and floor covering; throughout entire house - new and/or old. Provide
cleaning of all exterior surfaces including walls,windows, landscape areas, driveways,
and walkways.
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1220—Operations Manuals and Warranties
.1. The Builder/Developer will obtain and fill in all necessary information on all warranties
where applicable, for manufactured products, materials and/or labor used in
connection with the project. He/she shall deliver the original warranties to the EDA
where appropriate copies will be made and the original will be delivered to the EDA
upon completion of the work. Any sections that need to be sent to the manufacturer to
validate the warranty,will be mailed as soon as possible.
.2 GREEN OPPORTUNITY Provide operation and maintenance manuals, and perform
training of users to properly instruct them on the green features of the property and
how to maintain them.
1230—Systems Startup
.1. Prior to turnover of building, Builder/Developer will conduct testing and startup of all
equipment new and/or old for verification of functionality.
.2. Builder/Developer will ensure that all equipment components (such as filters, bulbs,
batteries) are replaced prior to turn over.
2000 - Building Sitework/ Site Preparation
2010 -Site Clearing and Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect all existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
.3. Remove trees and plant materials, with EDA's approval, from areas to be cleared.
.4. Maintain protection of trees and plant materials which are to remain until completion of
work.
.5. Debris shall not be allowed to accumulate.
.6. Remove all unsightly trash and dangerous material (wood, metal, etc.).
2020 -Site Earthwork
.1. Placing of footings and foundations on earth fill will not be permitted. Fill excess cuts
under footings and foundations with concrete, and under slabs with tamped gravel.
.2. Excavations for footings shall be neat and accurately cut trenches to depths and
grades shown on drawings/plans. In the absence of drawings/plans, code
requirements shall govern.
.3. All grading around any structures shall have high spots lowered and low spots raised
to a minimum of 6" below top of floor slab; a minimum of 2'out with a slight slope from
structure.
.4. Site grading shall accomplish the following:
A. Allow drainage of surface water away from buildings and off-site.
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B. Minimize earth settlement problems.
C. Avoid concentrating runoff onto neighboring properties where erosion or other
damage would be caused.
D. Minimize erosion.
E. Minimize potential earth movement problems which might adversely affect
completed construction.
.5. GREEN OPPORTUNITY Grades around structures shall maintain at least a 5% slope
away from the foundation.
2040 — Site Hazardous Waste Remediation
.1. The property shall be free of hazards which may adversely affect the health and safety
of the occupants or the structural soundness of the improvements or which may impair
the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
2100 -Site Improvements
2110 — Roadways, Driveways, and Walkways
.1. Surfaces and base courses for roads, streets, parking areas and walks shall be
durable materials. Their construction shall be in conformance with generally accepted
local design practices.
.2. Slabs for roadways, driveways, and walkways shall be designed and constructed in
accordance with standards set forth by the American Concrete Institute, and as may
be necessary to prevent slab damage due to potential soil movements.
.3. Provide for repairs and/or repairs of existing surfaces to match existing.
.4. These surfaces shall be installed with provisions for drainage. Adequate surface and
underground drainage systems shall serve all paving and improvements so as to
ensure continuing stable soil support for these improvements.
.5. Minimum width for driveways shall be 10', and sidewalks 3', if installed new; or if
replaced, to match existing if wider than 10'.
.6. All exterior concrete surfaces shall be a light broom finish with expansion joints
approximately every 12' (fiber material), with slope for drainage away from structure
and property.
.7. All flatwork expansion joints shall be filled with clear silicone sealant.
.8. Where soil and/or concrete for porches, steps and other work is in contact with
members, galvanized metal flashing, or solid sheathing and 15 lb. felt shall be
installed, or wrap and scratch coat applied.
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9, GREEN OPPORTUNITY. Limit water runoff and maximize infiltration by avoiding
impervious surfaces and installing permeable drainage areas between sidewalks,
driveways, walkways, patios, and pathways.
A. Open matrix concrete grid pavers.
B. Specialized honeycomb substrates for gravel or turf.
C. Pervious mixes of concrete or asphalt.
2150— Fencing
.1. Check all boundaries to ensure property lines are observed, and City Ordinances are
not violated (front yard, side yard, and back yard maximum heights).
.2. All post setting holes shall not be less than 24" deep and 6"diameter, at a maximum of
10' intervals. When adjacent to a foundation (walls), offset hole to obtain 24"depth,
and fill in any space larger than 2" between wall and post.
.3. Entrance walk gate shall be a minimum of 3'wide, and driveway gates a minimum of
12'wide; including all gate hinges and. padlock latch attachments.
.4. Wrought Iron
A. Posts to be 2" x 2"x .090 (16 gauge).
B. Top and bottom rails to be 1 %"x 1 Y" (16 gauge).
C. Pickets to be%"x W (16 gauge), 4"on center.
.5. Chain Link
A. All galvanized material.
B. 2-3/8" O.D. end, corner, and gate posts.
C. 1-5/8" O.D. line and corner diagonal posts.
D. 1-3/8" O.D. top rail, with bottom tension wire.
E. 11 gauge -2" mesh; to include all bands and wire ties.
.6. Wood Fence
A. All posts will be of galvanized material(unless otherwise specified).
B. 2-3/8" O.D. end, corner, and gate posts.
C. 1-5/8" O.D. line and corner diagonal posts.
D. Two 2 x 4 horizontal support rails.
E. Fencing as specified (redwood or cedar-minimum#2, two nails per rail).
.7. Block Wall
A. Shall be in accordance with the City of San Bernardino drawing on Garden &
Retaining Wall Standards available from the Building &Safety Department.
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2150 - Landscaping
.1. All trees and shrubbery identified to remain shall be trimmed. Trim to property line and
a minimum of 4' above roofing or structure; removing all debris.
.2. All trees and shrubs identified to be removed shall be cut to surface. Remove stump
and roots a minimum of 8" below surface; removing all debris, and fill in hole with soil.
.3. Natural site assets such as existing trees, shrubs, ground cover, must be preserved,
maintained, and protected whenever possible.
.4. Any existing assets lost due to the construction efforts and/or lack of protection will be
replaced with like kind and size at the Builder/Developer's expense.
.5. GREEN OPPORTUNITY Create environmentally friendly lawns and landscaping by
A. Cover play areas with wood shavings.
8 Limit the amount of lawn space by installing naturalized plantings.
C Provide alternative water sources.
D. Plant drought-tolerant landscapes
E Plant shade trees in an effort to reduce the cooling loads required in the house
* Consider planting edible plants.
G. Use water-conserving irrigation equipment where landscape irrigation is required
I. Drip Irrigation
ii. Advanced irrigation controls like rain sensors.
2200 Site Civil /Site Utilities
2210 - Utilities
.1. Underground piping and related items shall be protected from corrosion. Underground
mechanical and electrical systems shall be protectively coated to minimize corrosion
where soil conditions warrant. Where applicable, sacrificial anodes may be used.
.2. Sacrificial anodes may be used where soil resistivity does not exceed 15,000 ohm -
centimeters. Otherwise, an impressed current system of corrosion prevention shall be
used.
.3. Utilities and other facilities shall be independent for the property, without dependence
upon other properties.
3100 -Selective Demolition
3110 - Building Elements Demolition
.1. This work shall be executed in a safe, orderly manner, and in accordance with all
applicable codes.
.2. The Builder/Developer shall protect existing materials and apparatus from damage,
and shall repair damage caused by workers at no cost to the EDA.
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.3. Debris shall not be allowed to accumulate.
.4. The Builder/Developer shall remove all flooring finishes identified to be removed or
replaced. Including abatement of any materials designated as containing asbestos.
.5. Provide all roofing membrane removal as required for the removal of existing and
installation of new roof, equipment, and connections.
.B. The Builder/Developer shall provide shoring of all existing beams/structures being
modified prior to removing existing bearing walls.
.7. Remove all interior and exterior doors and/or frames that are identified for removal.
This activity shall be coordinated with the EDA in an effort to not leave any openings
un-lockable.
.8. Remove all window stops/putty, glass, glazing, and frames as required. Provide
demolition of existing sliding glass doors scheduled to be replaced.
.9. The Builder/Developer shall remove all structural and non-structural wood stud
/gypsum sheathing or wood stud / plaster partition walls, wing walls or portion of walls
determined to be removed.
A. All appurtenances identified to be removed / demolished on walls scheduled to
be removed/demolished shall be removed and disposed of by the
Builder/Developer.
B. Appurtenances identified to remain, shall be removed and re-installed by the
Builder/Developer.
.10. Any specific cutting and patching of drywall needed to install conduit or piping shall be
done by the Builder/Developer.
11. The Builder/Developer shall remove all wall surface material or portions thereof from
interior and exterior walls for new framed openings such as but not limited to doors,
windows, recessed electrical panels, louvers, HVAC grills and ducts, backing, etc.
.12. The Builder/Developer shall provide removal of all existing spayed on acoustical
(popcorn) ceiling texture. Provide for asbestos abatement as necessary.
.13. The Builder/Developer shall remove existing casework and countertops, backing,
anchors, bases, shims, backsplash, etc. identified to be demolished and disposed of.
.14. Doors and windows must be able to be locked at the end of each day, or provide a
temporary secure panel (approved by the EDA) closing the opening at no additional
cost to the EDA. This also includes providing a temporary secure panel at all wall,
door or window openings scheduled to be removed.
.15. Removal of Ceramic tile shall include removal and replacement of wall substrate and
any existing mortar bed.
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3120 - Hazardous Components Abatement
.1. The property shall be free of those hazards which may adversely affect the health and
safety of the occupants or the structural soundness of the improvements or which may
impair the customary use and enjoyment of the property. These hazards include toxic
chemicals, radioactive materials, other pollution, hazardous activities, subsidence,
flood, erosion, expansive or compressible soils, inadequate drainage outfall, landslides
or mudflows, and deposition of suspended solids or others located on or off site.
Projects with potentially significant hazards may be acceptable if any such hazards are
effectively mitigated.
.2. The Builder/Developer shall provide all labor, material and equipment required to
complete the work related to the Hazardous Materials Abatement as required.
A. Provide all labor, material and equipment required to abate and legally dispose of
off-site all Asbestos Containing Materials (ACM) and Lead Containing Materials
including but not limited to pipe fitting insulation (elbows/ends), roof mastic,
flooring, flexible joints, doors, door frames, plaster walls, sinks, ceramic tile, etc.
B. Provide for the proper removal and disposal of PCB Ballasts and Fluorescent
Light Tubes:
i. It is assumed that all ballasts not labeled "No PCBs" are considered to
contain PCBs and therefore must be treated as hazardous waste. The
Builder/Developer shall disconnect the ballasts (those not labeled "No
PCB's") from the fixtures and is responsible for proper disposal/recycling.
ii. Mercury is present in fluorescent light tubes, which may be present
throughout the project areas. Mercury is considered a hazardous waste
and will be disposed of properly by the Builder/Developer.
4000 - Foundations
4010 - Standard Foundations
.1. Includes excavation, backfill, compaction, and installation of all foundations.
.2. Concrete materials for foundations shall be in accordance with City of San Bernardino
standards and shall be approved by the EDA prior to placement.
.3. Includes all formwork and accessories for all cast-in place concrete and cement
concrete pavement with shoring, bracing and anchorage, form accessories, form
stripping, and proper layout, location. Provide proper temporary support/shoring (as
required and/or needed).
.4. Furnish and install all reinforcing steel bars, welded steel wire fabric, fabricated steel
bar, slip dowels, or rod mats for all on-site cast-in-place concrete and cement concrete
pavement. Provide and install all necessary accessories as indicated.
.5. All vertical reinforcing steel protection shall be installed in accordance with CAL OSHA
codes and regulations. Maintain said protection throughout the duration of
reinforcement installation and u '1 enclosed by finish material.
.6. When replacing existing concre : with new, the new concrete shall have at least the
sarno re inforcement as the axis
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7 GREEN OPPORTUNITY. Provide foundation water management system.
8. GREEN OPPORTUNITY Use concrete that contains a percentage of fly ash in place
of portland cement
4030 -Slabs on Grade
.1. Concrete mixture shall be made of a 1-2-3 mix with plastic cement, sand, and 3/4"
rock. Ready mix will be a 5 sack. Minimum 2500 psi.
.2. Slabs shall be constructed in accordance with ACI 302.1 R-80, Guide for Concrete
Floor and Slab Construction, and as may be necessary to prevent slab damage due to
potential soil movements.
.3. Vapor retarders and base course shall be provided for all interior concrete slabs to
which a finish flooring is applied.
A. Acceptable base course materials are gravel, slag, crushed rock, sand, cinders
and certain types of earth when approved by the local EDA. See ASTM C-33-90,
Table 2.
B. Base course material shall be clean, washed and free from deleterious
substances, consistent with ASTM C-33,with 100%of the material passing a 1"
sieve and less than 2% passing a#4 sieve.
.1. All concrete slabs shall be a minimum of 31/"thick(additions, garages, driveways,
sidewalks).
.2. All interior surfaces shall be troweled smooth.
.3. Includes excavation, backfill, compaction, and installation of all slabs. Completely
furnish and install all concrete accessories, colors, finishes, forming, admixtures,
reinforcement joint sealers, and curing compounds in accordance with the
Specifications.
5000 - Superstructure
5010— Framing /Wood
.1. Framing and wood construction shall be in accordance with the latest edition of the
National Design Specification for Wood Construction.
.2. A chemical barrier must be provided for structures built in those areas where termites
are determined by the EDA to be a hazard. A physical barrier will also satisfy this
requirement where the hazard is presented by subterranean termites only.
.3. Where required by the EDA Field Office, protection against damage by decay shall be
provided.
4. GREEN OPPORTUNITY. Keep all untreated wood at least 12 inches above soil in lieu
of the code required 6 inches.
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5100 - Exterior Enclosure
5110 - Exterior Walls
5111 —Stucco / Plaster
.1. The Builder/Developer shall investigate the condition of studs and ceiling joist to be
sure framing members comply with appropriate code.
.2. Install or reset all electrical boxes to new surface level.
.3. Exterior angles shall be protected with woven or welded wire fabric of equivalent
strength, or corner bead.
.4. A surface inspection is required after sandblasting and before re-stuccoing by the
EDA.
.5. Application:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days. (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and derby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than %" in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat. (Example: complete brown coat on Tues., color
coat not to start until following Wed.).
D. Finish (color) coats: Portland Cement and Lime Finish Coats-Apply over base
coats which have set and surface-dry; lay on well, double back and fill out to a
true, even surface. Thickness shall be 1/16"to 1/8", then texture as specified.
E. When structure is to have lath/wrap and stucco over existing siding, the
Builder/Developer is to remove door and window casing; trim out with metal
edging or stucco molding, and seal.
F. Exterior lath/wrap to be applied as per California Building Code.
G. Stucco Color Coat: La Habra, Bauer, or equal.
5112— Exterior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, USG; or equal.
B. Proper sound insulation shall be used at all walls.
C. GREEN OPPORTUNITY. Use cellulose insulation.
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.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building & Safety Division of the City of San Bernardino.
.4. Attics:
A. If all exterior walls of house are not insulated, bring to R-38 rating (12").
B. If all exterior walls are insulated and/or new addition, insulate to R-30 rating (9").
GREEN OPPORTUNITY. All attic spaces are to receive insulation.
.5. Walls:
A. All exposed exterior walls and new addition, insulated to R-11 rating (3 '/z").
6. Water Heater:
A. If it has access from outside or in garage, install R-6 rating insulation blanket and
wrap all exposed water lines with pipe insulation.
B. GREEN OPP01 (UNITY. Provide insulation at all water heaters.
5113—Caulking and Joint Sealants
.1. Materials used for caulking and sealants shall be suitable for the use intended, and
shall be compatible with the materials to which they are applied and with any finish that
may be applied over them.
5120 - Exterior Windows
.1. When required shall be made easily openable, replace sash cords and weights or
install spring loaded sash balances, as necessary.
.2. Windows and operating hardware shall be installed in accordance with the
recommendations of the manufacturer.
.3. When aluminum single hung or slider window(s) is required and the frames are not to
be taken out, use International Window Corporation, Keller, or equal (block frame), to
fit existing opening. Caulk window frame before installing, including necessary trim.
.4. When new aluminum slider or single hung window(s) installation is required, provide
header(s), trimmers, flashing, International Window Corporation, Keller, or equal
(standard frame).
.5. Operating windows shall be manufactured units consisting of the frame, sill, sash,
weather-stripping, and operating hardware. Job site assembled windows composed of
frames and sashes made by different manufacturers are not acceptable.
.6. Glazing:
A. When replacing glass, thickness shall be as recommended by the manufacturer
for the specific use.
B. All bathroom windows shall be glazed with obscure glass.
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C. Glass set in wood shall be secured in place with springs or glazing points and
face puttied, wood and putty to be primed and painted.
D. Glass set in metal shall be secured in place with glazing clips, back and face
puttied with appropriate material, metal and putty to be primed and painted.
E. All glass shall be cleaned, with no cracks or rattles (new installation only).
F. Re-putty shall mean to replace all damage, loose, and missing putty.
.7. Weather-stripping shall be properly fitted to eliminate excessive infiltration of dust,
snow, or rain.
.8. Screens:
A. Screens shall be installed on all openable windows.
B. When re-screening or new screens are required, they shall be aluminum frames,
aluminum screening; tight fitting and easily removed.
C. Nylon screens on newly installed windows and combination doors may be
acceptable, unless otherwise requested or stated.
.9. If a window of any kind must be installed into the wet area of the tub or shower
surround, it must:
A. Contain a sill made of material that is water impermeable , such as marble or
Corian, not tiled and grouted.
B. Have a sill that is pan-flashed or sealed.
C. Have frame made of moisture-tolerant material.
.10. GREEN OPPORTUNITY. Replace existing windows and provide new windows with a
high energy and low-e performance rating
11. GREEN OPPORTUNITY: Provide awnings, overhangs, or other shading devices on
exterior windows.
5130 - Exterior Doors /Garage Doors
.1. All exterior doors will be wood or metal finish (no hardboard). Primed/painted or
stained/varnished.
.2. Doors shall be durable, installed in good operating condition, free of defects, latch
readily and lock securely.
.3. Doors shall fit opening and operate properly.
.4. All new door installation shall include new hinges and all necessary trim.
.5. Entry Doors:
A. Exterior entry doors shall be side-hinged doors not less than 3 ft. in width and 6
ft. 8 in. in height.
B. 1 %" solid core - Birch, Mahogany, Luan; unless existing jamb takes 1 3/8" door.
C. 3 each -4"x 4" butt hinges, unless existing jamb takes 1 3/8" door, then 3-3 '/2"x
3 Y" butt hinges.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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D. Exterior door frames shall be treated against decay.
E. Locks - Kwikset, Schlage, or equal.
.6. Garage Doors:
A. Steel frame construction.
B. Installing new garage hardware or replacement hardware shall comply with the
following safety notice:
... FOR YOUR SAFETY ...
California State Assembly#772 directed the Commission of Housing and
Community Development to change the appropriate rules and regulations in
ways that, "ARE REASONABLY NECESSARY TO PREVENT THE DEATH OR
INJURY OF PERSONS OR DAMAGE RESULTING FROM THE BREAKING OF
GARAGE DOORS SPRINGS". (quoted from Assembly Bill#772)
7 Weather-stripping shall be applied to all exterior doors and interior garage door.
.8. Weather-stripping shall be aluminum and vinyl. Install after surfaces are finished and
dry.
.9. Thresholds and door shoes shall be installed at all exterior doors and interior garage
doors and shall be aluminum thresholds, and aluminum/vinyl with drip cap door shoes
(channel type), sealed to be watertight.
.10. Exterior jambs will be rabbet type (fit wall thickness) and to include new wood (pine)
casing material. Replace stucco molding only if required.
.11. A safety door check shall be provided on all outward opening doors, including storm
and screen doors.
.12. Locking devices at doors and windows shall be as follows:
A. Each exterior doorway and each doorway leading to garage areas, terraces,
balconies, or other areas affording easy access to the premises shall be
protected by a door which, if not a sliding door, shall be equipped with a deadlock
using either an interlocking vertical bolt and striker, a minimum of 1.2 in. throw
dead bolt or a minimum 1/2 in. throw self-locking dead latch. Locks shall not
require the use of a key for operation from the inside.
B. All sliding doors, first floor and basement windows and windows opening onto
stairways, fire escapes, porches,terraces, balconies or other areas affording
easy access to the premises shall be equipped with a locking device. A sliding
door used as a main or service entrance shall be equipped with a keyed locking
device.
.13. Screens shall be aluminum/satin finish with latch set and pneumatic closure or equal.
.14. Security Screen—Jamb/frame will be 1' 1/4"x 1' 1/4" (18 gauge)with 3/4 x 3/4"center
framing (18 gauge) and heavy gauge metal screening. Combination (Bel-Aire) -Solid
core (no panels). 1 3/8" door, 3 - 3'/z"x 3 '/" butt hinges; 1 W Locks- Kwikset,
Schlage, or equal.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 16 of 28
5140- Flashing
.1. Flashing shall have a service life at least equal to that of the assemblies into which it is
built.
.2. Counter flashing is considered exposed flashing and shall be constructed of sheet
metal.
.3. Alternate products or systems of bitumen-impregnated plastic or elastomeric materials
may be used for flashing if they are installed in accordance with the manufacturer's
recommendations and are acceptable to the EDA.
.4. All openings between wood or metal and masonry shall be caulked with a non-
hardening caulking compound.
6200 — Roofing
5210 - Roof Coverings
A. Strip - Means to remove "all" roofing material to sheathing, with inspection of sheathing
prior to installation of new roofing.
.2. The Builder/Developer shall guarantee the owner to maintain the entire roofing, and
counterflashing in a watertight condition for a period of fifteen years.
.3. Shingles—
A. Shall be fiberglass of 151b. felt.
B. New metal 1 ''/z" drip edge and roof jacks (form over shingles, seal around all
pipes).
.4. Built- Up/ Roll Roofing Cap
A. Roll roofing cap to be a minimum of 90 lb. roofing paper and must bear a class
"C" UL listing.
B. One 90 lb. cap sheet to be installed over two layers of 15 lb. felt paper, saturated
with at least 20 lb. of hot mopped tar, between layers.
C. All base sheets to be well nailed with approved galvanized nails providing a
minimum 3/4" penetration into a firm solid sheathed surface.
D. New metal 'W drip edge and roof jacks.
5 GREEN OPPORTUNITY. Provide reflective (high-albedo) roofing systems with an
Energy Star ratin,q
5220— Gutters and Downspouts
.1. Gutters and downspouts shall be provided at all projects.
.2. Gutters and downspouts- Shall be a minimum of 26 gauge galvanized metal, or vinyl
material.
.3. Gutters shall be sloped to downspout and supported a maximum of 3' apart.
.4. End caps, corner joints, splices, outlet tubes shall be soldered or have watertight
joints.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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.5. Downspouts shall be fastened at top, bottom, and approximately every 6', and directed
to drain away from the structure.
.6. Downspouts shall be sized on the basis of 100 square feet of roof surface to 1 square
inch of leader. More or less leader area may be required by the EDA.
.7. Scuppers shall be installed at the outfall end of a valley for special roof designs, such
as "butterfly" roofs.
.8. Scuppers shall be installed for overflow of all roofs enclosed by parapet walls.
9. GREEN OPPORTUNITY Provide a simple rain water harvesting system for use on
irrigation.
6000 - Interior Construction
6010— Partitions /Ceilings
6011 —Interior Insulation
.1. Materials used for insulation shall be of proven effectiveness and adequate durability
so as to ensure that required ratings concerning heat transmission, sound control and
fire rating are attained.
A. Manville, Owens/Corning, or equal.
B. GREEN OPPORTUNITY Use cellulose insulation
.2. Insulation in contact with the ground shall be installed so as not to be adversely
affected by soil, vermin and water.
.3. Shall be installed in accordance with Energy Conservation Standards administered by
the Building & Safety Division of the City of San Bernardino.
6012 - Drywall
.1. When installation of drywall is specified, provide 1/2" U.S. Gypsum wall board or equal,
unless otherwise specified.
2. GREEN OPPRTUNITY. Select drywalt products with a high recycled content and use
taping materials and joint compound without hazardous additives that aid in drying and
setting.
.3. All joints and inside corners shall be taped; outside comers shall have corner bead
troweled with joint compound (a minimum of three coats, and smoothly sanded or
textured).
.4. If kitchen base cabinets, toilet or lavatory are removed, and the drywall is to be
replaced, it must be replaced with green board or equal.
.5. If tub surrounding drywall is to be replaced, it must be replaced with wonder(cament)
board.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 18 of 28
6. All wall surfaces to receive ceramic tile shall receive wonder (cement) board or plaster
in accordance with the following:
A. Portland Cement plastering work shall be three-coat work when applied over
metal and wire lath/wrap.
B. Scratch (first) coat: Apply with sufficient material and pressure to fill solidly all
openings in the lath/wrap, and to cover wall, and then scratch to rough surface.
Allow to dry a minimum of two days (Example: complete scratch coat Tuesday,
start brown coat Friday).
C. Brown (second) coat: Apply after scratch coat has set firm and hard, bring out to
grounds, and straighten to a true surface with rod and derby; leave rough, ready
to receive finish coat. Surface shall not have variation greater than '/:' in any
direction under a five-foot straight edge. Allow to dry a minimum of seven full
days before applying color coat (Example: complete brown coat on Tues., color
coat not to start until following Wed.).
6020 - Interior Doors
.1. Doors shall be durable, installed in good operating condition,free of defects, latch
readily and close securely.
.2. Doors shall fit opening and operate properly.
.3. All new door installation shall include new hinges and all necessary trim and hardware.
.4. Interior Hinged /Closet/ Bathroom Doors:
A. Shall be side-hinged doors not less than 1 3/8"thick.
B. At least 2 each 3 '/:"x 3 'W butt hinges.
C. Locks - Kwikset, Schlage, or equal.
.5. Shower Door/Tub Enclosure:
A. Shower Doors— MAAX, Kohler, or equal. Seal around frame and walls.
B. Tub Enclosure - MAAX, Kohler, or equal. Seal around frame and walls
.6. Door stops installed at all swinging doors shall be solid (no coil springs).
.7. Interior jambs will be flat type (fit wall thickness)and to include new wood (pine)
material stop molding and casing (both sides).
7000 - Finishes
7010— Ceramic Tile
.1. Install ceramic tile where identified.
.2. Ceramic tile to be American Olean, Dal-Tile, or equal.
3 GREEN OPPORTUNITY Use ceramic tile with high recycled content
.4. Submit a complete range of colors and types for the EDA's selection. One of each
color of type selected shall be retained by the EDA. All materials placed in the building
shall match such samples.
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 19 of 28
.5. Applications and installation of adhesive, primer, caulking compound, and prepared
grout when used, shall be as recommended by manufacturer of the tile and in
accordance with these standard specifications.
.6. Ceramic tile shall be applied over a water-proof surface only (cement or wonder
(cement) board).
.7. At showers, the top of step shall have slight slope into shower.
7020 - Floor Finishes
.1. The Builder/Developer shall provide all necessary floor preparation of existing surfaces
to properly receive new flooring material.
.2. Sub-flooring shall be a minimum thickness of 3/4" plywood or 1x boards.
.3. Underlayment shall have a maximum thickness 3/8" industrial particle board.
.4. Install all flooring per manufacturer's recommendation.
.5. Existing floor covering to be removed prior to installation of new floor.
.6. Provide underlayment when sub-flooring is in such a condition to warrant replacement.
Bathroom, kitchen, and laundry underlayment to be of water resistant material.
.7. Surfaces to receive flooring shall be clean, dry, smooth, even, and without defects.
.8. At Bathrooms, the toilet and lavatory cabinet shall be removed before flooring installed.
Reinstall toilet and cabinets.
.9. Install new baseboard or shoe after installation of flooring. If cove is required, it shall
be formed integrally of matching sheet material. Adhesives shall be as recommended
by manufacturer.
.10. Coat all concrete floors on earth grade with concrete primer as recommended by
manufacturer.
.11. Leveling compound and crack filler-As manufactured by Aetna Manufacturing
Company for concrete floors or equal.
.12. Linoleum (sheet goods) - FHA base cushioned, Armstrong -Cambray or equal.
13. Vinyl Tile-Armstrong - Stylistic or equal.
.14. Carpet-260z.
A. Base, HUD/FHA bulletin UP-44c requirement.
B. Pad -5/8" rebond high plush, HUD bulletin UP-72 requirement.
.15. GREEN OPPORTUNITY: Provide greener carpeting such as:
A. Products made from natural materials;
B. Products that do not contain residues from dyes and finishes used in
manufacturing;
C. Products that do not have surface treatments to repel stains,
D. Products with documented low VOC offgassing;
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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E. Products with high recycled contents
.16. Submit a complete range of colors and types for the EDA's selection.
7030 - Ceiling Finishes
.1. Ceilings shall be drywalled and painted. No sprayed on acoustical ceilings(popcorn)
will be allowed.
7040 - Painting
.1. Lead Content:
A. The definition states in part, ....... with respect to paint which is manufactured after
June 22, 1977, lead-based paint means any paint containing more than six one-
hundredths of one percent lead by weight(calculated as lead metal) in total non-
volatile content of the paint or the equivalent measure of lead in the dried film of
paint already applied".
B. All contractors and sub-contractors on rehabilitation activities will comply with the
Lead-Base Paint Regulation under 24 CFR Part 35, requiring:
i. The prohibition of the use of lead-based paint in the rehabilitation of
properties;
ii. The elimination of immediate lead-based paint hazards in residential
structures.
.2. All paint shall have low VOC levels.
.3. If exterior painting is required, caulk all exterior door and window frames to seal
completely. Remove all loose and deteriorated putty on windows and re-putty before
painting. When painting of exterior trim is specified, this shall include doors, windows,
all frames, eaves, soffits, porches and all appendages.
.4. If a paint to be used on exterior surfaces is not inherently mold resistant, a suitable
fungicide shall be included in the formulation.
.5. If repair of exterior surfaces is indicated, remove all broken and loose material by
raking out, scraping and sanding if necessary. Repair with proper material for area
being repaired, blending in with texture of area being repaired. Prime the repaired area
prior to painting.
.6. If interior painting is indicated, repair all cracks by "V"scratch approximately 1/8"X
1/8" in walls and ceilings of all rooms being re-painted. Use proper type of patching
material for areas being repaired. Fill all cracks and holes solid and blend in repaired
areas with texture of surface being repaired. Prime cracked areas prior to painting.
When painting of walls and ceilings of a room is specified, this shall include all trim,
windows and door frames, closets, and cabinets (inside).
.7. All surfaces to be painted shall be free of dirt, dust, grease before painting is started.
All knots, pitch streaks, and sappy spots shall be first sealed with shellac or sealer
approved for use with materials as specified, before subsequent coats are applied.
Each coat shall be al' pied to dry before subsequent coat is applied.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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.8. If it should become necessary, in order to give good coverage because of surface
condition of the paint color(s), it is the obligation of the Builder/Developer to apply
sufficient coats to obtain complete coverage.
.9. All new drywall shall be primed with one coat of Drywall Sealer/Primer before the
application of the finish coat, unless otherwise specified.
.10. Paint to be Dunn-Edwards, Glidden, Sinclair or equal. EDA to select color(s) and
finish.
11 Paint for kitchen, service area, bathroom(s) to be a durable and washable gloss finish
(unless EDA requests a semi-gloss).
.12. Stain—Exteriorfinterior application (Minwax, Behr, or equal).
.13. Varnish - Exteriodrnterior application (Behr, Varathane Elite, or equal).
14. Spar gloss or satin, EDA to specify (Behr, Varathane Elite, or equal).
n EDA to specify Behr Varathane Elite orequal).
15. Spar gloss or sat p fy (
.16. Paint application shall consist of two coats on old material, and three coats on bear
wood or new material. The top and bottom edges of interior doors shall be sealed
(painted or varnished)with one coat, exterior doors with two coats.
.17. Application of paints, stains, or other coating systems shall be in strict accordance with
manufacturer's directions and shall comply with the following:
A. Exterior Wood Siding, Millwork and Trim
i. Knots, resinous wood, and nail holes shall be sealed with a prepared
sealer or aluminum paint prior to puttying and priming. Any nail holes or
cracks in surfaces to be painted shall be filled with putty.
ii. A prime coat shall be applied to all surfaces to be painted before or
immediately after installation. Primer shall be formulated specifically for
application to unfinished wood. Finish coats formulated to serve as
primers may be used.
iii. One of the following finish systems shall be applied. Coverage shall be
that which will provide at least the minimum thickness recommended by
the manufacturer.
a. Oil paint systems.
b. Latex paint systems.
c. Pigmented stains as per manufacturer's directions.
d. Clear penetrating preservatives or water repellent finishing
systems.
iv. The top and bottom of exterior wood doors, casement sash, awning sash
and the bottom of double hung sash shall receive two coats of paint or
sealer.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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V. Prior to erection, all edges of vertical siding shall be sealed with a heavy
coat of house paint primer, water repellent stain, exterior aluminum house
paint or sealer. Wood batten strips shall be backed-primed or sealed.
B. Wood Shingles, Shakes, Rough-sawn Siding.
L Two coats of oil stain, pigmented oil stain, or an oil shingle paint shall be
applied.
C. Hardboard and Softwood Plywood Siding.
L These sidings shall be finished in accordance with the manufacturer's
direction.
D. Wood Porch Floors and Decks.
I. One coat of primer and two coats of Floor and deck enamel designed for
exterior use shall be applied. Joints between floor and wall shall be
caulked.
E. Unfinished Surfaces.
L Shingles and board siding of vertical grain cedar, redwood and bald
cypress may be left unfinished.
F. Exterior Concrete Masonry Units or Concrete Brick
L At least two coats of masonry paint shall be applied.
ii. Concrete masonry units or concrete brick, except small areas of
foundation walls, shall be painted to provide a water resistant finish.
iii. High density concrete brick or solid split block forming the outer face of
double unit walls(veneer, cavity walls, etc.) may be left unpainted when
acceptable to the EDA.
G. Exterior Galvanized Steel or Iron
L Field painting shall consist of two coats. One coat shall be a primer
formulated specifically for galvanized surfaces, and the second coat shall
be a finish coat. A finish coat formulated to serve as a primer may be
used as the first coat.
H. Exterior Steel, Iron or Terns Plate
ii. Steel or iron, except stainless steel, weathering steels, or steel treated
with coatings to provide corrosion resistance, shall be painted.
iii. A rust inhibitive primer and a finish coat shall be applied.
I. Interior Millwork and Trim
i. All mill work and trim, including windows; interior doors; window, door and
base trim; paneling and closet shelving and trim shall be finished by
painting or natural finishing.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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ii. If the surface is open grain wood, it shall be filled or sealed to prevent the
grain from rising. Surfaces shall be treated with a primer. One or more
finish coats shall be applied to provide a smooth surface and good hiding.
iii. Natural finishes include stain-wax, stain followed by one or more coats of
varnish, clear coats of varnish with or without wiped paint undercoats or
oil and wax finishes.
J. Wood Floors
L If flooring is open grain wood, one coat of filler shall be applied. All
excess shall be wiped off.
ii. Flooring shall be finished with:
a. One or two coats of penetrating sealer and one coat of wax; or
b. Two coats of varnish and one coat of wax; or
c. Two coats of polyurethane; or
d. One or more coats of factory-applied finish.
K. Interior Plaster and Gypsum -Walls and Ceilings
L Plaster surfaces may be painted, covered or left unfinished, except for
surfaces of kitchens and baths. If painted, a finished coat shall be applied
over a primer-sealer, unless finish coats are of the self-priming type.
ii. Gypsum wallboard shall be covered. If painted, one coat of wallboard
sealer shall be applied unless finish coats are of the self-sealing type.
Two finish coats shall be applied over the sealer. One finish coat, except
in kitchen and baths, may be acceptable if good coverage is obtained.
L. Interior Metal
L Non-ferrous metals or wrought iron may be painted or left unfinished.
Other metals shall be painted in accordance with 609-3.4.
M. Interior Concrete Floors
L If painted, at least two coats of resin emulsion paint, a solvent rubber
paint or a floor and deck enamel shall be applied. If oil paint is used, the
surface shall be neutralized before painting.
ii. A coat of wax shall be applied over paint, stain or an integral finish.
N. Wall Coverings
L Covering material shall be secured to a suitable base in accordance with
the manufacturer's directions.
ii. All rooms that have new wall covering installed will include molding, trim,
base, and painting (if required).
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
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8100— Furnishings
8110—Carpentry, Cabinets, and Millwork
.1. All manufactured factory finished cabinets shall comply with ANSI A161.1-86,
Recommended Minimum Construction and Performance for Kitchen and Vanity
Cabinets, or with an equivalent standard.
.2. Workmanship: All interior wood finish, cabinet and casework shall be smooth dressed,
well sanded, and thoroughly cleaned before priming. All material showing machinery,
sandpaper, or other defacing marks will be rejected. Interior wood finish or cabinet
work shall not be installed on newly plastered walls until the plaster in that section is
reasonable dry and approved by the EDA.
.3. All interior wood finish, doors, frames, and other cabinet work or fixed wood equipment
shall be properly installed, level plumb, and true. Members shall be neatly and
accurately scribe in place, maintaining full lengths without splicing, except where the
use of full lengths would be impractical or impossible, and then if joined, butt joints
shall be beveled. Replacement and installation of new trim or molding shall match
existing in size and profile or otherwise be reasonably appropriate upon finished
installation.
.4. All cabinets (kitchen base and wall, bathroom lavatory, etc.) shall be a minimum of
birch plywood construction (stain grade quality), shop fabricated casework, with all
necessary hardware. Shelving shall not be less than 3/4" pine, plywood, or particle
board. Kitchen base cabinets shall have a built-in bread board.
.5. All cabinets and trim shall be scribe to contacting surfaces and shall be straight, plumb
level and in true alignment, closely fitted, and rigidly fastened in place.
.6. Countertops:
A. Top material shall be phenolic laminate, vinyl plastic covering, ceramic tile,
stainless steel or other material suitable for its intended use.
B. The top material shall be securely bonded to a reinforced steel core, to 5/8 in.
plywood, or to any other equivalent material.
C. At least a 3 in. back and end splash shall be provided against all abutting vertical
surfaces which are not water and grease resistant. When a back splash is
omitted, the joints at the juncture of the counter top and vertical surfaces shall be
tight and sealed.
D. All edges, including the sink and any built-in surface units, shall have a non-
corrodible metal molding or other suitable edging.
E. High Pressured Laminated Plastic(Formica or equal) - Shall be constructed with
a bullnose front edge, minimum of a standard back splash where it abuts walls,
and full length of cabinets. If laminated plastic ends at wall, provide end splash
(material must be identical to counter top original color). Scribe and closely fitted
to adjacent work, and securely anchored to cabinets. Installation of sinks shall
have required mounting Flange and sealed against leaking. No butcher block
unless otherwise requested or stated by the EDA.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 25 of 28
F. Ceramic Tile - Shall be applied over a plastic cement base secured to 3/4"
exterior plywood secured to the cabinets. Raise front edge, minimum of a
standard back splash, and sealed at edges of full length cabinets. (See Ceramic
Tile Specification).
G. GREEN OPPORTUNITY. Countertops shall be made of natural stone (granite),
tiles, or manufactured solid surfaces (Conan).
.7. Interior woodwork:
A. Trim (D.F.)"B or better".
B. Shelving - Particle board or#2 shelving.
9000— Plumbing, Mechanical, Electrical
9010 - Plumbing Fixtures
.1. All fixture installation is to include trap, vent, faucets, and all trim necessary to mount
fixture in an approved manner, and to include repair of damaged areas affected by the
installation. When kitchen or lavatory faucet is replaced, it will also include risers.
Replace all angle stops.
.2. Fixtures:
A. Water closets- Deep bowl (round or elongated per EDA request). American
Standard - Hydra; Eljer—Titan; Kohler; or equal. Handicap (17" high). Must be
rated at no more than 1.6 gallons per flush.
GREEN OPPORTUNITY Use of a high-efficiency toilet that uses less
than 1.6 gallons per flush is recommended.
B. Bathtubs-5' pressed steel-American Standard; Kohler, or equal
C. Lavatories—American Standard, Kohler, or equal.
D. Kitchen Sinks-Single or double compartment enameled cast iron - Kohler or
equal; Single or double compartment stainless steel (7"depth, 20 gauge
minimum thickness) -Sterling or equal.
E. Garbage Disposal- Insinkerator— Badger 2, '/ HP (3 year warranty) or equal.
F. Laundry Sinks-American Shower& Bath, or equal.
G. Faucets
i. Lavatory- Delta, Peerless, Kohler, or equal.
ii. Tub/Shower Diverter- Price Pfister, Kohler, or equal.
ill. Shower-Price Pfister, Kohler, or equal.
iv GREEN OPPORTUNITY Provide low flow faucets and shower heads or
fit standard faucets with a flow reducing aerator.
H. Bathtubs - 5' Lasco; Hess Cc; or equal.
I. Tub Wall Kits- Plaskolite, Elite; Nova, Seville; or equal.
J. Shower- Lasco, or equal.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 26 of 28
K. WATER HEATERS:
i. Shall be Reliance; Galaxie; Whirlpool; or equal, with an eight(8) year
warranty. Size shall be as required to service property.
ii. All shall have pressure/temperature relief valve with a drain line to the
outside; or if located on a concrete floor in center of house -
pressure/temperature relief valve and drain line shall be installed per
Building and Safety requirements.
iii. All units shall be secured to walls.
iv. All units shall be insulated.
V, GREEN OPPORTUNITY. Water heater should have a high-efficiency
rating.
9020 - Domestic Water Distribution
.1. Each dwelling shall be provided with a continuing and sufficient supply of safe water
under adequate pressure and of appropriate quality for all household uses, and one
that will not impair the functioning or durability of the plumbing system or attachments.
.2. Connection shall be made to a publicly owned or publicly controlled water supply
system that is adequate to serve the demands of the project.
.3. Provide all connections to risers or fixtures from top to mains so that the entire system
can be drained at low point.
.4. Provide hot water supply to all fixtures except water closets.
.5. Support piping from the building structure by means of hangers to maintain required
grading and pitching of lines and to prevent vibration.
.6. GREEN OPPORTUNITY. All hot water lines shall be insulated.
7. GREEN OPPORTUNITY: Consider the use of PEX piping.
8. GREEN OPPORTUNITY. Provide a single-throw shut-off valve at service to clothes
washing machines. If machine located above a livable space, provide a floor drain and
shower pan under the washing machine.
9030 - Sanitary Waste
.1. Roto Root(clean) all drain lines to street through clean-out cap, roof vent, etc.
.2. Each dwelling shall be provided with a water-carried system adequate to dispose of
domestic wastes in a manner which will not create a nuisance or endanger the health
of the occupants or the public.
.3. Connection shall be made to a publicly owned or publicly controlled system that is
adequate to serve the needs of the project.
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Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 27 of 28
9100 - Heating, Ventilating, and Air Conditioning (HVAC)
9110— Heating and Ventilating
.1. Heating and ventilating equipment shall be Trans; Bryant; Carrier; or equal, as
appropriate to the situation.
.2. GREEN OPPORTUNITY. Equipment should be rated as high effieciency.
.3. GREEN OPPORTUNITY: Evaluate existing heating and ventilation system and down
size or reconfigure to be more efficient. Do not oversize equipment.
.4. GREEN OPPORTUNITY: Consideration should be given to using equipment that
provides alternatives to conventional refrigerant, such as non ozone depleting HFC
refrigerants.
5. GREEN OPPORTUNITY; Provide ceiling fans in bedrooms and living spaces.
.6. Provide wall thermostat with complete vent system, attic shield, roof jack, and gas
piping/shut-off valve.
7. GREEN OPPORTUNITY. Install programmable thermostats with both daytime and
nighttime setbacks Separate control of different spaces into zones so that the unit
works more efficiently.
.8. GREEN OPPORTUNITY.., Provide duct cleaning prior to turn over.
.9. Install in an approved manner and location.
.10. Crawl Space Ventilation:
A. The space between the bottom of the floor joists and the earth under any building
(except such space as is occupied by a basement or cellar) shall be provided
with a sufficient number of ventilating openings through foundation walls or
exterior walls to ensure ample ventilation. Such openings shall be covered with a
corrosion-resistant wire mesh with a mesh size not greater than 112 in. nor less
than 1/4 in. in any dimension. The minimum net area of ventilating openings
shall not be less than 1 sq. ft. for each 150 sq. ft. of crawl space area.
B. One ventilating opening shall be within 3 ft. of each corner of each building where
such openings are required.
.11. Attic Space Ventilation
A. Cross ventilation shall be provided for each separate space. Ventilation
openings shall be protected against the entrance of rain and snow.
B. The ratio of the total net free ventilation area to the area of ceiling shall be not
less than 1/150, except that the ratio may be 1/300 if:
L A vapor retarder having a transmission rate not exceeding one perm is
installed on the warm side of the ceiling;
ii. Between 25 and 50 percent of the required ventilating area is provided by
vents located in the eaves or cornices with the balance of thf required
ventilation provided by ventilators located at least T-0" abovt , is vents in
the eaves or cornices; or
City of San Bernardino
Economic Development Agency
Neighborhood Stabilization Program
Minimum Building Standards
Page 28 of 28
iii. The attic space is accessible and suitable for future habitable rooms or
walled-off storage spaces have at least 50% of the required ventilating
area located in the upper part of the ventilated spaces as near the high
point of the roof as practicable and above the probable level of any future
ceiling.
9200 —Fire Protection Systems
9210— Fire Protection Specialties
1. Provide smoke detectors that are U.L. approved; First Alert SA1501LT, or equal. Hard
wire will have battery back-up.
2 GREEN OPPORTUNITY. Provide carbon monoxide defectors.
9300 - Electrical Systems
9310 - Electrical Service and Distribution
.1. When required, provide a new electrical service box/meter. All existing circuits shall
be checked out and split as required. All new loads, outlets, lights, etc., must be on
additional circuits, unless prior approval is received from the EDA.
.2. Electrical Service installed at location shall be as recommended by Edison Company.
.3. Check all services and verify all electrical service, circuits(marking panel if not done);
replacing all faulty outlets, switches, damage and missing cover plates; for house and
garage.
.4. When encountering non-complying wiring, it is to be removed in its entirety. This is to
include boxes, lights, old panels(unless used for junction box), etc.; and to include
repair, patching, and painting of all areas affected (to match existing) --ceilings, walls,
etc. All new wiring shall be concealed within walls, ceilings unless approval from the
EDA is obtained prior to installation.
5. GREEN OPPORTUNITY All bulbs shall be fluorescent No incandescent lighting will
be allowed.
6 GREEN OPPORTUNITY. Avoid recessed lighting. When required use insulation-
contact fixtures that seal tightly and allow insulation to be packed against them.
.7. GREEN OPPORTUNITY. Install dimmer switches at all living areas. Restrooms shall
have motion detector switches.
8. GREEN OPPORTUNITY. All low voltage (telephone, data, television) shall be run in
conduits to provide for future expansion and/or replacement.
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