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HomeMy WebLinkAbout1977-03-28 170 AE ORDER170 A8 Introduced by Councilor McHernan, sarcb 38, 1977 r CITY OF BANGOR (TITLE.) @rbtr,---APRovLn& and- Adopting Community.. De,elopment Program - Rehabilitation Grant By the Oky CourwH of Us City ofBassvr. TEAT. WHEREAS, the financing of rehabilitation of privately owned properties throut�gh the use of direct grants is an eligible activity for the use of grant assistance under Title I of the Housing and Community Development Act of 1974;. and WHEREAS, the City of Bangor, in its applications for funds under Title I of the Housing and Community Development Act of 1974, has requested and received as part of its Community Development Program the sum of One Hundred. and Sixty Thousand Dollars ($160,000) for the purposes of funding Property Rehabilitation Loans and Grants; and 'WHEREAS the City of Bangor Community Development Program Property Rehabilitation Grant Program has been developed which pro- vides for the granting of money to rehabilitate privately owned properties in Community Development Program project areas; and WHEREAS, such grants will be limited to the amount necessary to rehabilitate property to the requirements of the Housing, Building, Electrical, Plumbing and. Fire Prevention Codes of the City of Bangor and to the extent that the property, after rehabilitation, will be n generally good and readily maintainable condition with the necessary facilities in good working order. NOW THEREFORE BY THE CITY COUNCIL OF THE CITY OF BANGOR BE IT ORDERED, THAT the Community Development Program Property Rehabili- tation Grant Program, a copy of which is on file with the City Clerk, is hereby approved and adopted. 170 AN IN CIW COUMIL ,jL4 'March 20, 1977 " A6 eried'. to Finance Ccmuttee, p R D E R - cons $ext meeting. -� - Title,CIw e- ,.a REC61 0 Approving s, Adcpt°.ng, ... C TY OF 4"SOR IN CTTx CONNCIL CRY CLF..RF: L : rFICE April 11, 3.977 nrog. -ecop;, aeFa�ilitation, yvej�t, PX99r Passed. - .. °77 Iin9 24 PM 4 28 Introduced and filed by CITY G i vba .C'�,t�ckea Councilman CITY OF H OR COM9I W OBVF.'IIJ T PRWG MnIhTlAHILST ON GAPIVT MMM CITY OF BANGOR 0®9d 117 DEVELOPMENT PROGAMI PROPERTY RERAREMUTION GRANT PROGRAM A. Introduction This Plan establishes the policies and procedures of the City of Bangor applicable to providing rehabilitation greats to rehabilitate privately owned properties in Calm nity Development program project areae. B. Funding and Administration Great fonds will Be made available for approved property rehabilitation work and to eligible low-income homeowners as part of neighborhood conservation efforts] flmds designated for this purpose will be made available order the Commusuty Development Block Grant program. The City of Bangor Community Develop- ment Department will be responsible for the administration of the property Rehab111- tatioa Grant Program in conformance with this Plan. C. Eligibility Requirements 1. General A rehabilitation grant may be made only with respect to residential or residential portion of a mixed-use property located within designated Co®unity Development Program project areae. Tae property must require rehabilitation to meet the requirmnente of the housing Code of the City of Bangor. The applicant for a rebabilitation grant moat own and reside in the structure to be rehabilitated, end most have armed and resided in the property far a period of one year prior to submitting an application. Me structure moat contain no store than two dwelling units after rehabilitation. 2. Property Ownership An applicant for a rehabilitation grant w resi- dential ormaxed-use property meet be the owner of the property, o must be the purchaser occupant of the property under a land sales contract or any similar contractural arrangement for the purchase of real property. The term "lend sales contract" refers to any transaction, regardless of the nomenclature by which it is known, in which the purchaser - occupant obtains fee title only if he completes a series of install- ment payments over a term of years. a. Eligibility Requirements In order for a purcboser order a land sales contract to be eligible for a rehabilitation grant to cover reb bilitation costs, all of the following minimum requirements must be met. (1) The contract shall be a written, legally binding, instru- sent involving a residential property containing, after rehabilitation, not more than two dwelling units. -1- (2) 1be seller of the property must hold fee title to the property and, while the contract is in good standing, moat be unable to use the property for collateral or to convey the property to my other party unless such vee for collateral or conveyance of fee is subject to the land sales contract. legally acceptable limitations n the effect of conveyance or of the property for collateral must be found to exist local law, the provisions of the contract, oreother written agree- ment in ordble form. The Cityof Bangor bell record this agreement, or the contract, promptly after grant settlesent if necessary to give either document the legal effect described. -(3). Under the contract, the seller and any subsequent holder of the fee to the property moat be obligated, without qualification, to deliver to the purchaser fee simple title and a deed to the property upon flu1 payment of the contract price, or sure lesser amount. (4) Under the terms of the contract, the purchaser shell have: (a) poll use, possession, and quiet enjoyment of the property. (b) Equitable title to the property, and (c) Full rights of redeaption for a period of not less than 90 days, unless redemption rights not less than 90 days are afforded by local law to a purchaser under a land sales contract. (5) 'lbe purchaser Shall have had possession and use of the property under the contract for at least 12 months prior to the date of application for a rehabilitation grant. b. Opinion of Counsel Before an application for a rehabilitation grant to a purchaser under a dead sales contract can be approved, the City of Bangor must obtain a copy of the land sales contract and a written legal opinion from its c del that each of the foregoing conditions is satisfied, and setting forth the basis for the opinion. 3. Income Limitation An applicant for a property rehabilitation grant s"11 be considered an eligible recipient if the following two criteria are met -2- a. The applicant's inches (see Section 4), to include the income of the applicant and his family who share the sane dwelling unit, shall not exceed the following limits after adjustments: Family Size Adjusted Maximum Income 1 $4,200 2 4,800 4 6, 00 6 7,000 7 7,500 8 or more 79900 These limits are based on the Section 8 Family Inde Limits issued by the Federal Housing Administration for Penobscot Coon{y�these limits shall be reviewed and adjusted, if necessary, on a regular basis. b. The applicant's monthly housing expenses must be in excess of 25 per cent of gross monthly income. 4. Sources of Fonds and Amounts Comprising Applicant's Income a. Family Composition For purposes of determining eligibility for a grant,the composition of an applicant's family shall include the applicant and any other person or persons related by blood, Triage, or operation of law, who share the same dwelling wit. If ownership of the property rests in more than one person, the applicant is each owner and family. b. Income An applicant's ince is established an an annual basis, at the time a applying for a rehabilitation grant, and includes: (1) Me Applicant's earnings. (2) Spouse's earnings, and the earnings of each ber of the family, other than minors, who share the household and who w111 receive income during the ne:t twelve months. "Minor" ber of the household (excluding foster childraa), other than the family head or spouse, who is under 18 years of age or is a full-time student. - (3) The income of the family head or spouse shall be included vert if that person is temporarily absent (such as being on active duty in the Armed Forces). (4) Other income regularly received by the applicant or the applicant's femily from any source. -3- (5) Net income fran real estate, other than the property to be rehabilitated, end any other net business income. (6) Incone from the rental unit in the property to be rehabili- tated based on: (a) Cross rental income, and (b) on the basis of an snuual average of experience for two or more years, expenditures for mortgage interest and principal, mortgage insurance prondum, aarvice charges, hazard insurance, real estate taxesand special asaessmants, maintenance and repairs, heating and utilities, ground rest, and other cash expenditures for the property, such as advertising a vscancy. If the applicant has not owned the property far tyro or re years, the Community Development Department shall estimate the income end expenditures an the available experience. (Y) Inde shall include, but not be limited to: (a) The gross amount, before any peyroll deductions, of wages and salaries, overtime pay, cowiasions, fees, tips and bonuses; (b) The net income from operation of a business or pro- fession or from rental of real or personal property (for this purpose, expsaditures for business eagan- sion amortisation of capital indebtedness shall not be deducted to determine the net income fvoam a business); (c) Interest and dividends; (d) The full amount of periodic payments received £ran social Security, annuities, insurance policies, retirement fbnds, pensions, disability or death benefits and other similar types of periodic receipts; (a) pµments in lieu of earnings, such as unm�ployment and disability connation, workmen's pensation and severance pay (but see paragraph 8 (c) below); -(f) Public Assistance. If the Public Assistance payment Includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public Assistance Agency ineordance with the actual coat of shelter and utilities, the amount of public Assistance income to be included as income shall consist of: -4- (ass) The ®ount of the allowance or grant exclusive of the sooner specifically designated for shelter and utilities, plus (bb) Me maximum amount which the Public Assistance Agency could in fact allow for the family for ,shelter and utilities; (g) Periodic a d determinable allowances, such as alimony, and child support paysents, and regular contributions or gifts received frees persona not residing in the dwelling; (h) All regular pay, special pay end allowances of a member of the Arced Forces (whether or not living in the dwelling) who is head of the family or spouse. (8) Me following items $hall not be pa sidered as incmne: (a) Casual, sporadic or irregular gifts; (b) Amounts which are specifically for or in reimbursement of the cost of medical capenses; (c) hosp-sum additions to family assets, such As inheritances, insurance paymenta (including payments under health and accident insurance end workmen's capital gains and settlement for personnel or property losses; (d) Amounts of educational scholarships paid directly to the student or to the educational institution, and amwnto paid by the Government to a veteran for use n meeting the costa of tuition, fees, books and equipeent. Any varrunts of such scholarships, or my- ments to veterans, not used for the above purposes or which are available for subsistence are to be included in income; (a) Tse special pay to a sernceman head of a fanily away from home and exposed to hostile fire; (f) Relocation payments made pursuant to Title 11 of the Uni£ose Relocation Assistance and Real Property Acquisition policies Act of 1970; (g) Foster child care payments; (h) The value of coupon allotments for the purchase of food puravant to the Food Stamp Act of 1964 which is in excess of the vaount actually charged the eligible household; -5- (i) Payments received pursuant to participation in the following volunteer programa under the ACTION Agency: (aa) National Volunteer Antipoverty Programs Mich include VISTA, Service Learning Programs and Special Volunteer Programs. (bb) National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programa, poster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business asperience, Service Corps of Retired Executive (SCOBS) and Active Corps of Executives (ACE). 5. Assets The applicant shall list all assets held by each m ter of the family. For this purpose, assets mean the value of equity in real property, savings, stocks, bonds, and other forma of capital investment. The value of necessary items of personal property such as furniture, clothing and automobiles shall be excluded. Any income producing assets must be listed by the applicant. - a. If total assets are greater than $5joOO and income fron assets ds less than 10% of total assets, then eligibility incaae is etermined as follows: (i) Income frown assets shau be subtracted from annual income; (2) To the resulting figure, add an amount equal to 10% of the assets; (3) This total is the eligibility thane. b. If total assets are greater than $5,000 and incase from assets is greater than 10% of assets, eligibility incrme should be the sane as the sexual decors. 6. Allovances The applicant shall deduct the following total allowances fsen annual income to determine eligibility incune: a. The difference of total medical expenses less three (3) percent of annual incase. (1) "Medical expenses are those medical expenses which are anticipated during the 12 -month period for which the annual docaae is computed, and Mich are not covered by insurance (however, preedums for such insurance mqv be included as medical espouses). -6- b. Unusual expenses. (1) Unusual expenses are amounts paid by the family for the Cars of minors under 13 years of age or for the care of disabled or harnlicapped family household members, but only where such care is necessary to enable a family member to be gainfully employed, and the amount allowable as Unusual gxpen ea shall not exceed the amount of income free aach employment. c. The product of multiplying the number of minors in the family W $300. 7. Portion of Income Derived Fro Rental Unite If the property will contain more then one dwelling unit after rehabilitation, that portion of an applicant's income that is derived from the property shall be reported on BCD -IA as a net figure determined as follows: a. Net Moome The net intoe from the rental units in the own - occapied property to is rehabilitated is the gross rental income, Less expenditures allot ble to the rental units. These alienable expenditures include payments, On the basis of an average of experience for two or mom years, for mortgage principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, ground rent, and other cash expenditures for the property such an advertising vacancies. If the applicant rias not owned the property for two or mom years, the Community Development Department shall estimate the income and expenditures o. the available experience. b. Allocation of Expenditures to Rental Units Me allocation of expenditures to the metal units may be eat bllghed by dividing total monthly expenditures for the entire property by the anober of units in the property. The result is the monthly expenditures allocable to the own ccupiad dwelling unit, which when sub- tranted from the empenditu. e for the entire pmperty, produces the montbly expenditures alienable to the rental units. c. Net Rental Income On BCD -IA Me monthly expenditures allocable to the rental units, subtracted from the gross rental income fro the property, produces the net rental income to be entered on BCD -1A. d. Other Allocation Methods If the foregoing allocation method does not produce a ma bly egn£t ble result, the Community Develop- ment Department may use another method of allocating the expenditures. a - In that case, the Comauuty Development Department shall attach to its copy of WD -IA a statement showing the basis, calculations, and results for the method of alloeatim used. e. Rehabilitation Grant SuMbeented with 10ce If the rehabili- ruch grant is to be supplemented with a rehabilitation loan, it should be noted that en WD -LA the income derived from the property to be rehabilitated is reported as a gross ageogumt in ecordance with the sources of income requirements ( 4.- a. and b, above). 8. Documentation of Income Me Community Development Department may require an applicant to furnish documentation of his or her income in order to determine eligibility for a rehabilitation grant. 9. Monthly HOus1M Expense Monthly housingexperts¢ includes, to the extent applicable, payments for mortgage principal and interest, mortgage ingaurcnce premium, service charges, hazard Insurance, read estate taxes and special assessments, maintenance and repairs, heating and utilities, and ground, rent. a. More Than one Dwelling [Mit If the. structure contains more than e dwelling unit, the monthly honsing expense Consists Of those expenses allocble to the owner-occupied dwelling unit. Me allocation of empanses to the applicant's dwelling unit may be established by dividing the Pall cost of each of the items included in monthly housing expense by the number of wits in the property. The results are the items of monthly housing expense allocable to the applicant's dwelling wit to be entered on BCD -1A. b. Other Allocation Methods If the foregoing allocation method does not produce a reasonably equitble result, the COmmwrity IsroJopuent Department may use another method of allocating expenses. In that case, the Community Development Department shall attach to its copy of WD -1A a statement showing the basis, calculations, and results for the method of allocation used. This statement may be part of the same statement used in establishing expenditures allocable to the rental wits. c. Consistency in Allocation Method In any case, the Carsmunity Developnent Department ball use the same method of allocating monthly housing go nese as it uses in allocating expenditures to the rental units. d. Documentation of Reusing Expense Me Community Develeiment Department may require an applicant to prevlde documentation of his or ber housing expenses to determine eligibility for a rehabilitation grant. -8- D. Assurance That Rab bilitation Will Be Completed In cane instances the rehabilitation cost may exceed the amount of a rehabili- tation grant. In such cases s reT bilitation grant will cot be made unless the applicant can provide whatever additional amount is needed to assure completicn of the work so that the property will meet at least the mdnimum requirements of the Housing Code. 1. Reh bilitation Grants Mlemented by Loans I£ the applicant for a rehabilitation grant o residential property and a mixed-use loan is obtaining a supplemental loan, the rehabilitation grant application shall not be approved until evidence has been secured that the applicant has obtained an adequate end satisfactory supplemental leen enwaitmmt. When the loan will be btsined from a recognised lending institution, evidence shall consist of a signed, bone fide written camnitment to make the loan for the purpose of the rehabilitation work. The loan shall be in on amount wbich, when added to the rehabilitation grant and any other fonds the applicant will furnish, will be snfficieut for completing the required rebehilitatlon work. hbm the applicant is furnishing supplementary funds from sources other than a recognised lending institution, evidence that actual fonds arsvellable shall consist of verification end docweentation that theapplicant can deposit the required amount in the rehabili- tation escrow account. E. Costs Includable in Rehabilitation Creat 1. General A rehabilitation grant may be made only with respect to a property which needs to be brought up to the minimen requirements of the Housing Code. With respect to a property containing rental dwelling units, a rebbilitation grant generally should include funds for work that goes beyond the minimum regaireoents of the Housing Cede only to the extent that this will. not carie the rents to exceed the memos of typical families living in the Comnwnity Development Program project area. 2. lncludsble Costs In addition to those costs for rehabilitation to make the property confers to the requirements of the Housing Code, a rehabilitation grant may include fine to cover the coats described below: a. Objectives of the C2 mM pity Dev L meet Plan A rehabilitation grant may include fonds to corer the cost of meeting specific objectives of the Community Development Plan. As objective must be contained Is the app » d Community Development Plan and stated do such language that the specific rehabilitation work needed in the property is clearly identifiable. -9- Is. Good and Readily Msintaiaable condition Nbethex or not required W the Housing Code, a rehabilitation grant may provide for patting the property in generally good and readily maintain lle condition, with the necessary facilities in good working order. c. Kitchen Egdimnent Whether or not required by the Housing Cade, rehabilitation grant fax a property used for residential pur- poses may provide for the repair or purchase and installation of a kitchen stove and/or refrigerator. Purchase and install- ation isceptable if there is no such equipment in the dwelling wit, or if existing equipment is unsafe or unsanitary because of its basic ph7bical condition. Grant funds may also be need for building in a stove and/or refrigerator, if necessary to replace existing built-in equipment. d. Acquisition a Lard In a Camsedity Developsent Program prod eat area, a rehabilitation grant may provide for the purchase oP a relatively small parcel of project land from the City in order to being the property into conforsity with the Ordinances of the City of Bangor. e.'Conversiwa In general, conversion of a property so as to change either its use or thenumber of wits may be provided for in a rehabilitation grant only if conversion is necessary to meet the requirements of the Housing Code or to eliminate a nonewfonaing use. f. Building Permits and Related Fees A rehabilitation grant may provide funds to cover the cost of building permits and related fees that are required to carryout the proposed rehabilitation work. However, since the construction contract documents will require the contractor to pay for them, this cost ordinarily would be included in the contract mount. 3. Costs Not Includable Except as otherwise provided in this section, a rehabilitation grant she not provide for: a. New construction, substantial reconstruction, expansion of the sive of a structure, or the finishing of unfinished spaces such as an attic or basement. b. Materials, fixtures or equipsent of a type or quality which exceeds that customarily used in the locality for properties of the same general type as the property to be rehabilitated. C. Landscaping or paving net required by the Housing Code. d. Appliances not required by the Housing Code. a. purchase, installation, of repair of furnishings or trade fixtures. go 4. Work Write -Up The Reb hilitation Specialist shall prepare a work write-up to dowment the rehabilitation work to be financed with the rehabilitation grant Is accordance with Section K. 3• of this Plan. F. Limitation m Amwnt of Grant The amount of a rehabilitation grant that an eligible applicant may receive shall be an sooner which does not exceed the least of the following: 1. $4,000. 2. The actual and approved cost of the repairs and improv®ants necessary to make the property conform to all City of Hanger code standvds respecting safe, decent, and sanitary housing. This amount shall be established in accordance with Section L of this Plan. 3• net portion of the coat of repairs and improvceente which cannot be paid for with any available loan that can be amortized as part of the applicant's monthly housing expense without requiring that expense to exceed 25 per cent of the applicant's monthly income. The team any available Sown" means: a. A maximum term City of Bangor property Rehabilitation Loon if such loan is available under the Community Development Progran; b. A maxioam teem Section 312 rehabilitation loan if such loan is veil ble; or c A conventional loan typical of those made in the locality by banks and other lending institutions for the purpose of rehabilitation (assumes the best interest rate and longest term available to the applicant) when the bore two funds - a. and b. - are not available. G. Terme and Conditions Under Which Rehabilitation Grants Are Made 1. General This section sets forth requirmients with respect to terms end Cmditione to which an applicant moat agree in ander to Obtain a rehabilitation grant. 2. Cancellation Provision The City of Bangor reserves the right to cancel a Property Rehabilitation Grant if within 60 days frwm the grant's approval by the City Council Finance Committee rehabilitation work hes not coramenced, provided however, that the Director of Community Development may extend the 60 day period by not more than 60 days, due to unforeseen and extenuating circamatancee. 3. Rehabilitation Grant Conlitlms The specific terms and conditions with reepect to a rehebdlltation grant are neogporated in Foxm BCD -0A. The applicant shell agree, and by signingFoam BCD -1A does agree to: -11- a. Civil Rights Comply with all RU➢ requirements with respect to Title vI of the Civil Rights Act of 1964, to not discriminate upon the basis of race, color, creed, or national origin in sale, lease, rental, we, occupancy of the subject property. b. Section 109 Comply with Section 109 of the Horning and Comaun- ity Develoiment Act of 19/4 prohibiting discrimination an the ground of r � color, national origins Or ax. c. Cancellation of Grant Return of the grant proceeds with no right, interest Or claim in the proceeds, if the grant is canceled before the rehabilitation work is started. d. Use of Proceeds Use of grant proceeds only to pay for cents of aand materials necessary to carry ant the rehabilitation workfor which the grant will be approved. a. Completion of Work Assure that the rehabilitation work shall be arried out promptly and efficiently, through written contract let with the prior concurrence of the City of Hanger. f." Ineligible Con routers Not award any contract for rehabilitation work to be paid for in whsle or in part with the proceeds of the great, to arty contractor who at the time, is ineligible under the provisions of any applicable regulations Segued by the Secretary of Labor, United States Department of Labor, to receive an award of such contract. g. Inspection Inspection by the City of Bangor or its designees of the property, the rehabilitation work and all contracts, materials, eVileeut, panrolls, and conditions of employment pertaining to the work. h. Records Keep such records as may be required by the City of Baogor with respect to the rehabilitation work. J. Interest of Certain Federal Officials Net parent any member, or Delegate to the Congress of the United States, end no Resident Commissioner, to share 1n any proceeds of the grant, or in any benefit arising from the aand . J. Bonus, CurmAesi® or Fee Not pay any bonus, C x fee for the purport of obtaining the City of Bongoes approval of the great application, or any other approval or concurrence required by the City a Bangor or its designee, to complete the rehabili- tation work, financed in whole or in part with the reh bllitation grant. k. Interest of City of Bangor Allow no ber of the governing body eP the City of Bangor, who exercises any functions Or responsibilities in connection with the administration of the Community Development Program, and Do other officer or employee of the City of Bangor who exerejoes such functions orresponsibilities, to have any interest direct or lwirect, in the proceeds of thegrant, or in any contract -12- entered into by the agplicaut, for the performance of work financed in whole or in part with the proceeds of a rehabilitation grant. R. Processing and 5 bmdssions for Rehabilitation Grant 1. General This ebapter containg on outline of the factions to be performed bythe Community Development Department in connection with rehabilitation grant; and sets forth the policies and procedures to be followed by the Community Development Department in preparings pro- cessing, end approving an application for a rolbilitatiOn grant, and in cenceling an approved rebbilitation grant. 2. Dutline of Comwnity DevelopmentFwctime Listed below are the YW tions to be performed ey the Commuv.ty Development Department in connection cath a rehabilitation grant. a. Interview and advise applicant on the general rehabilitation objectives of the project, and the parpose and meaning of the Housing Code. b. Advise the applicant on the availability and basedits of a rehabilitation grant, and other local, Federal and private progress and resources for financing rebsbilitatiw that may be available. C. Inspect the property. d. prepare a work write-up end coat estimate of the rehabilitation work. 6. Determine eligibility oP the applicant for a rehabilitation grant. Evidence that o erebip of the property has been verified and shell be retained in the Comene i.ty Development Department files. aid shall include the citation from the land records or other Official record from utich the verification was made. I If applicant is occupant -purchaser under a land sales contract, obtsia documentation to support eligibility. f. - verify applicant's incomes housing expensed end assets. g. Determine that work Stoma in work write-ve conform to purposes for Mich a rehabilitatiw grant can be used. b. Advise applicant concerning the conditions under which a rehabilitation grant is made. r. Establish amount of grant applicant Mev receive. j. Be assured that as a result of the rehabilitation greets the property will be rehbilitated at aminimum to meet the cods starWards. -13- k. If applicant does on mill receive public assistance or other velfare benefits, advise of effect greet NOV have. 1. If the applicant is eligible for, and needs a rehabilitation Iran; assist him in filing an application. M. Prepare cm,atroction contract donOwents for applicant, and obtain bide and proposals from contractors. n. Determine as -is value o£ property by staff eatimate for entry on WD -1A. o. Prepare WD -U, Rehabilitation Grant application, (original and one copy) sod obtain applicant's signature. p. Assign application number and enter on approved WD -1k, and all related documents. q. If all requirements are met, assemble grant application file for presentation to the Finance Cosm<ittee of the City Council for consideration. If the grant is not apprwed, the Director of Community Development will notify the applic®t in writing setting forth the reasons for disapproval. r. If grant application is approved, prepare project check to applicant for mount of approved rehabilitation grant, obtain applicant's endorsement, and deposit check for grant in rehabilitation escrow account. S. Assist applicant in execution of emstrvctim contract, and deliver to selected contractor. t. Assist applicant is issuing proceed order for construction work. u. Inapect rebbilitatim work as it progresses. V. Make final inspection of completed reh tilitation work. W. Issue WD -21, Certificate of Final Inspection. X. Obtain from contractor guarantee of work, manufacturers' and suppliers' warrantees, and release of liens from the general contractor, subcontractors mud auppliers, prior to final payment for rehabilitation vork. y. Prepare Statement of Disposition of Funds. Z. Close out rehabilitation escrva. as. Make follow-up inspection. -w- 3. Processing and Approval of Grant Application Processing by the Ceram y Development Department of an appllnemen for a eehablli- tation grant consists of the completion of the functions listed below, items a through c, asseable, in one file of BCD -IA and all supporting docrawts, and the review Of the file to determine approval. a. Preparation of Form The Garrity Development Department shall prepare BUD -i& (original and me copy) for the applicant, based on information furnished by theapplicant and obtained by the Cw ity Development Department Prom other sources, as documented in the file. Beery space provided for an entry on BCD-lA shall be completed- Entries of money amounts shall be made rounded to the nearest dollar. if no money in involved for an entry for a particular application, the entry shall be "none". Review mi approval by the Finance Consittee of the City Council of KD -1A shall be based on the form completed In this manner. b. Applicants Purchasing Under a Land Sales Contract If an applic- ation for a rehabilitation grait-la rath respect to an occupant under a land sales contract or similar asrang®ent, the file shall contain documentation to support the requirements in Section C. 2. c. MM of Application for Grant The Finance Co rittee of the City Ceuncil shell consider and approve or disapprove all property rehabilitation grant applications, and shall decide all questions concerning eligibility for said progrmm� including all questions an to passible conflict of interest. If the application for a reh bilitotfon grant is approved, the Conmmmity Development Depart- ment may notify the applicant and proceed with the ramai.nder of the fractions for which it is responsible in order to complete the rehabilitation work. (1) If the Citv of Bangor detersd.nes that an epnlication Por rant cawot be approved, a written statement oP tRe reasons for the determination ball be pat in the applic- ation file by the Commmmity Development Department. 4. Grant Cancellation An approved rehabilitation grant may need to be causeled because the applicant ban requested cancellation ori on - willing or unable to proceed with the reh tilitatiwork, or foa other reasons. a. Cancellation Letter To cancel an approved reh bilitation grant, the Comaunity Development Department shallpreparea letter of cancellation anal distribute the letter as follows: (1) Original to applicant. (2)One only to the applicatiop file, - -15- Is Return of funds I£ fvMa for the canceled rehabilitation grant have been deposited to the rehabilitation escrow acnuntw the Community Developmentshall draw Department shadraw a check on that acccant for the mount originally depositedw pay role to the source from which the funds were obtained. I. N Bering Grant Aoalicetions The Commmunity Development Department shall assign a n ler to every applic- ation for a rehabilitation grant beginning with "1" and shall be assigned con- secutively fren this sequence regardless of whether the application is approved or disapproved, once ssslgned, mm3ers shall not be reused. Men ber assigned shall also specifically identify the application as being an application for a grant. T. Manegmwent of Reh bilitation Escrow Account 1. General This section sets forth policies for funding the individual rehabilitation grants, and for C®runity Development Department management of the rehabilitation escrow account. 2. yowling a Rehabilitation Great A City of Bangor check in the amount of the approved grant and made payable to the applicant will be secured from the Finance Department. At grant settlenent the Cenaundty Develop- ment Department shall secure the applicant's eriaoxsahentw and deposit the check in the rehabilitation escrow account. 3. Rehabilitation Grant Supplemented by other Fords If a rehabilitation grant is to be supplemented by funds to be gwv ided by the applicant from a source other than through a commitment fres a recognized lending institution, those supplemental fonds shall be deposited in the rehabilitation escrow accoant at the same time the rehabilitation grant cbeck is deposited. Supplemental fonds provided by means of a commitment from a recognized lending institution may either be deposited in the rehabilitation escrow aecosntw or applied by the property owner for direct payment of the rehabilitation work. If the supplmnental funds are to be deposited in the rehabilitation escrow aunts the deposit moat be made prior to any payment by the City of Bangor to the contractor. I£ the supplemental funds are not to be deposited in the rehabilitation escrow account, then abash funds shall be applied in full by the property owner before any dlsbursemonts. may, be made inch the rehabilitation escrow acco xt for rehabilitation work. 4. Manuaemeny of Rehabilitation Escrow Account Me City shall maintain e single bank account as the depository for all rehabilitation loans and grants that are funded, as well. as for supplemental fonds provided by the applicant. This accopnt shall be separate and distinct from all other accounts maintained by the City and shall be for the sale purpose of depositing rehabilitation escrow account funds. -16- a. Separate Account for Each Borrower The Community Development Deperbnact shall eat nilan end maintain a separate account, in the project books of account, for each borrower who hes received rehbilitation grant All receipts and disbursements made for the borrower chill be recorded in the account. b. Disbursements from the Rehabilitation Escrow Account Disburse- ments fram the reh bllitation escrow account shall be by check made payable jointly to the borrower and the payee for the following purposes, sa may be appropriate: (1) Miles ggress Payments arNealimit ednto 8a$ for of�tihielvatlue of tthe work satisfactorily completed. (2) Pay for insurance birafter, if required. (3) Close-out the rehabilitation escrow account by appropriately disbursing any umitiliaed forcermpaining in the rehbili- tation escrow account. c. niswrsementa by the Community DeVel.epment Department (1) The Community Development Deparimentp upon receipt of appropriate invoices, shall draw a check for the payment of completed and approved work and services. fiacept for uuutilized funds in the rehabilitation escrow account to be returued to the grantee2 each check aball be made pay- able jointly to the grantee and the appropriate payee. Me Co®unity Development DepartZent shall secure the endorsement of the grantee on checks that are made 9ey- b1 jointly to the grantee and the payee. The Community Development Department shall transmit the endorsed check to the payee. (2) A check to return to the City of Bangor unutilized funds in the rehabilitation escrow account shall be made payable to the City a Bangor only. d. Trensmittal of pranks After securing the borrcwer's endorsement on the check a ( the C®munity Development Department shell trans- mit the cbeck(s) to the payee. Checks which include any amounts previously witHaeld from progress payments shall be accompanied by an esplamtion of the computation. e.. Disputes In ne event a dispute exists between the grantee and the contractor with respect to the rehbilitation works the C®muxity Development Department shall take appropriate action in accordance with the provisions of the construction contract -17- to assure that the grantee is satisfied before making any payment to the contractor. f. Adivstmevt and Closeout of Rehabilitation Escrow Account Usually disbursements nade for the purpneed stated under para- graph 4.b., vi].l close oat the rehabilitation coerce account. However, if unutilized fonds remain in the rehabilitation crow ace ount because the actual rehabilitation costa were leas thananticipated or for other reasons, the unutilized Pends shall be disbursed to apply as follows: (1) If all the Honda were provided by a rehabilitation grant, the unutilized Hands shall be disbursed to be returned to the City of Bangor Community Development Program account. (2) if the loan was supplemented by other funds, the un- utilized fonds shellbe disbursed to the grantee. K. Deteaadni Work To Be Done With Rehabilitation Great 1. General Chis Section sets forth the responsibilities of the Cwwonity Development Department for determining the rehabilitation work necessary to bring a property into conformance with the Housing Code of the City of Bangor and for providing assistance in the ret tilitation of the property. In carrying out these responsibilities, the Community Development Department shall: a. Be responsible for the inspection of the property. b. Make a preliminary work waste -up and cost estimate of the work. to be done. C. Consult with and advise the Owner on the work to be done, and the availability of a rehabilitation grant. d. Prepare a final work write-up and cost estimate as the basis for a rehabilitation grant and for contracting for the rehabilitation work. 2. Property Inspection The Commodity Development Department shall inspect the property and prepare an inspection report that identifies each deficiency with respect to the Housing Code and other deficiencies which se, be corrected through rehabilitation grant funds. An inspection report prepared in this manner rill later serve on the basis for pre- paring a work +mite -up and cost estimate. 3. WorkWrite-Up and Cost Estimate A work write-up end coat estimate a statement prepared by the unosunity Development Department based an the property inspection report that itemizes all the rehabilitation work to be done on the property, and includes an estimate of the cost of each item. Phe cost estimate shall be reasonable and shall reflect actual costs prevniling in the locality for comparable work. -18- a. Itmmfsin6 Cost Each iter of work and its estimated cost shell be identified in the work wrlte-up as being either necessary to meet Honing Cede standards, or for other purposes that may be financed with rebbilitatlon grant funds. Mss will be done on the work write-up by entering the cost estimates in a columnar arrangement. b. Identifying GPS The work write-up and cost estimate shall identify those items amt costs which may be included only on the basis of being to "generally improve the condition of the property". C. Adtusting Work shite -Up If the total estimated cost of the work exceeds the amount of the rehabilitation grant the applicant could reeeds the applicant's financial ability to do all the work, the Community Development Deport- ment shall eliminate or modify items in the work write-up as necessary to reduce estimated cost; however, items Of work necessary to meet Housing Code Standards shall not be eliminated. d. Owners Pr seference A preliminary work write-up should not ontain details that have rt alguificent effect on cost, such a color, style, or pattern. Decision on these details an be made when preparing the specifications for the con- struction contract documents, or owed after the contract ward by providing in the contract docwments, as appropriate, the team "to be selected by owner". 4. 6necificatives in Gonstmetion contract Documents Each specification in a constructive contract document shall be written 80 that it provides a clear 'understanding of the nature and scope of the work t0 be done, and a basis for carefully determined bids end proposals from contractors. Each Specification shall show the nature ami location of the work, and the quantity and type of materials required. The specifications shall refer to manufacturers' brand names or to association standards to identify the quality of materials end equipment required, and may make prwisfon fox acceptable substitutes. If the work write-up is Suffic- iently roeprehensive, it may itself be used for the specifications, without door cost estimate figures or distinctions as to work required or not required. L. CCatractiags for Rehabilitative Work 1. Introduction Chis section dots forth requirements and procedures with respect to construction contracts for rebabilitation financed thmwgh a rehabilitation grant. Construction work for rehabilitation financed through a rehabilitation grant shall be undertaken only throcgh a written contract between the contractor and the recipient of the grant. The Community Development Department shall assist each applicant in arrsaging for and obtaining an acceptable c - stractlon contract. s. Form of Contract The construction contract w111 consist of a single doement signed by the contractor and accepted by the whoop only following approval of the rehabilitation grant. _ It shall contain a bid and proposal by the contractor and the general conditions, as well as the specifications for the work t0 be performed. b. Use of Alternates The contract document prepared by the Can ity Develolment Department may provide for alternates by which the bidder, as part of his bid and proposal, offers increases and decreases t0 the burp. evmeontract price to cover alternatives in the performance of the work. An alter- ratemey be used to coves an item Of work, the need for which cannot be determined until some time during the course of the rehabilitation work. For example, the construction contract may can for replacement of a bathtub. The floor joists in the bathroom are act exposed, and their actual condition snot be determined even with careful inspection. However, general conditions in the bathrcon, such as evidence of plumbing leaks Over a period of time, indicate that the floor joists may be rotted. The work write-up, cost estimate, and the approved rehabilitation grant may include an amount to replace the floor joists and related casts if, upon removal of the old batht b, this need is appareut. Under such circumstances, the work he replace the floor joists should be included in the construction contract document as an alternate. If upon removal of the old bathtub it is found that work is not needed, no pay- ment for it is required under the construction contract. If that work turns out to be needed, the cost is established by the construction contract documents, and the contractor can be ordered to proceed with that work for the stated arm. (1) Format for Alternates Generally, alternates should be avoided, but when used, the C®aannity Development Depart- ment shall provide for thon apecificnlly in the section provided for bid and proposal by adding material such as the following: Alternate #1 (description of the alternate) Add $ Deduct $ Alternate #2 same as bore, etc. (2) Unrest d Alternates not Considered The Ccowu ity Development Department shall not consider alternates pro- posed by a bidder that are not called for in the contract doccment prepared by the Department.- Me Department shall not consider a bid and proposal that is qualified by the contractor with OnVequested alternates or other changes- -20- C. Procarmaent of Hida A acceptable contractor's bid and pro- posal, in the contract doament form prepared by the Coammuty Develcymat Department, moat be obtained for all grants. 2. General Ccoditiens The Comenity Development Department shall pre- pare provisions of general conditions for general use in all construc- tion contracts for the rehabilitation of the property. There follows a listing of provisions that the Community Devel.opamh Department must include in the general conditions: a. The address to which the contractor's bid and proposal met be submitted. b. Date and time by which a bid and proposal by the contractor is to be received by the Cosmmlty Davelopment Departeent. C. A provision that the bid and proposal shall be accepted by the Owner within 30 days from the date established by the Camnmity Development Department for its receipt, provided that the contract is subject to issuance of a proceed order by the ower, and no work shall be coarsened by the contractor until he has received a written proceed order. d. A provision that the Owner is obligated to issue a written proceed order within 30 days from the date of acceptanof the contractor's bid and proposal. If the order is not re- ceived by the contractor within this period, the contractor has the option a withdrawing his bid and proposal. e. A provision that the contractor mot c ce work within 30 days after issuance of the proceed orden f. A provision that the contractor moat satisfactorily complete the work within days after the issuance of the proceed order. g. A provision that the contractor will be paid the contract price, in one lump a= amort, after the work is satisfactorily completed unless payment is to be made in progress peymants as the work progresses. Ween pragresa payments are to be made, the contract must include a schedule that specifies the stages at which pay- ment will be made and the percentage (or amount) of the contract price that will be paid for the satisfactory completion of each stage. Progress peiyment shall not exceed 80% of the value of the work satisfactorily eampieted. progress payments (limited to two) and final payment due the contractor will be paid within 20 days after the Canmunity Development Department receives the contractor's invoice and satisfactory release of liens or claims for linea by subcontractors, laborers, and material suppliers for com- pleted work or installed materials. h. provisions that the contractor shall he required to: -21- (1) Furnish evidence of conprehansive public liability o e coverage protecting the Owner fun rot less - thah $ ; in the event of bodily injury including death,and $ in the event of property damage arising eat of the vork performed by the contractor; and, evidence of insurance or other Overage required by local law governing WOskeen'a compensation. (Me Coaunity Development Department shall insert insurance amounts cocemourate to the risk entailed in the Work.) (2) Obtain and pay, for all permdta and licensee necessary for the completion and execution of the Work and labor to be performed. (3) Perform all work in conformance with aw"c ble local cadre and requirements whether w not c e red by the specifications and drawings for the work. (4) Abide by Federal and local regulations pertaining to equal employment, if the sum to be cbarged for the work is more than $101000, by incorporating the required language of Executive Order 11246 as set forth in the Terms and Conditions Wick are a part of the grant application. If the contract is for a structure that will contain 12 or more dwelling units after rehabili- tation, the contractor will, and will require his sub- " oatractora to, bide by the Federal Labor Standards provisimc as set forth in Forms HUD -6231A, Supplemental Teras and Conditions for a Federal Rehabilitation Loan Under section 312 of Rousing Act of 1964, As Amended,- - Residential property Containing lb or More Dwelling Units, and EUD-3200, Federal Labor Standards Prwiaions as Modified by Form HOD -320Q1 Addendnn to Federal Labor Standards Fewisions. (5) Keep the premises clam and orderly during the coarse of the work and rerve all debris at the carpletion Of the work. Material¢ and equipment that have been removed and replaced as part of the work shall belong to the contractor. (6). vot siMtegestfor ss contract aiWots itt hener.ert be addressed to the CovmunityeDevelopaent Depaetoent. (7) Guareatee the date ofhfinalkaccepteam for Oil the work arq dr one ye� £ran by the contract. Furthenaore, furnish the o re of the C®um nity Developaent Department, with all manufacturers' and suppliers' written guarantees and warranties covering materials and egailment furnished under the contract. -22- (B) Permit the City of Bangor, or its aesignee, to examine and inspect the reh bilitetlon work. i. Provisions that the owner will: (1) Permit the contractor to use, at no cost, existing utilities such as light, heat, power, and water necessary to the Carrying out and completion of the work. (2) Cooperate with the contractor to facilitate the per- formance of the work, including the removal and replace- ment of rugs, covering, end furniture, as necessary. J. A provision that the premises are to beeither occupied or vacant during the course of the construction work. k. A provision that final payment on the contract amount rill be made Only after final inspection and acceptance of all the work to be performed by the contractor, and the contractor has iur- niched the owner, c/o the Community Development Department satisfactory releasee of liens or claims for liens by the contractor, subcontractors, laborers, and material suppliers. 1. A provision that the contract consists of the bid and Proposal, the general conditions, the specificationsincorporated there- in by reference and identified as (the Cmmnmfty Development Department All have inserted in this space appropriate identification of the specifications for the work to be done for the specific property involved), and the drawings (if arty) identified as (the Coamnnity Development Department An have inserted appropriate identification of the specific drawings). M. A section at the end of the general conditions containing material to be completed by the bidder, generally as follows: For the considerations named therein, the Contractor proposes to furnish all the material and do all of the work described in, and in accordance with, the contract identified above in Item 1, of the general conditions for the pump -sum price of Contractor Acceptance by Darex (were of Contractor) (Name of owner(s)) (signature of Contractor) (signature of owner(s)) Address andrZlP code of Address and ZIP code of Contracto 0wner s (Date of Bid and Proposal) (Date of ACcePtance) -23- Notarfsfltion or Acknowle (Notarisation or sent Acknowledgement7— 3. Previsions To Meet Local Conditions The Con®nuty Developsent Department may add other provisions to the general conditions to reflect local conditions and to assure that the contract clearly seta forth the requirements for the construction work to be done. 4. Specifications and Drawings Specifications, based on the work write-up, and illustrative sketches, if say, covering the specific rehabilitation work for each property on which a rehabilitation grant will be made shall be prepared by the Corunity Development Department. Drawings shall be prepared only when essential to show the scope of the work involved so that a fair bid for the work can be obtained, and to avoid with the bidder. Me specifications and drawings shall Be based on the work write-up resulting Prom an inspection of the property and interview$, as indicated, with the applicant. The specifications shall clearly establish the nature of the work to bedone, and the material and equipment to be installed. Known acceptable brands shall be identified by reference to manufacturer's oe association specifications, and provision shall be made for acceptance of equal substitutions. Each page of the specifications and drawings shall ben bared and shall contain identification that includes the name, address, m,d ZIP cede of owner, and the date of the specification. 5, ObteinjHg Obtain'Contractors' BSds and Prgosals The Conssunity Develop - East Department shall establish and, on the basis of its experience, maintain a current listing of contractors, subcontractors, and materials. suppliers who one qualified to perform, mi are inter- ested in doing rehabilitation work financed through a rehabilitation grant. 6. Invitation to Contractors for Bid sed Praeosal The procedures for inviting and obtaining a bid and prolm from a conoracul, depend an the coat for the work to be done under the contract documents. If thecost of the work is: - a. Lass than $1o,000, the construction contract may be negotiated with on more prospective bidders. However, if a bid can- not be obtained for less than $10,000 through negotiations) the Caanunity Development Department shall obtain bids by formal advertising: b. $10,000 or more, a low bid moat be obtained by £Orval advertis- ing: An invitation for sealed bids shall be published in a newspaper having general circulation in the locality. The period of time between publication Of the invitation and the bid opening date shall not be less than seven less- -24- 7, selection of successful Bidder If a bid other than the low bid is selected, the application file will include all bids that were received and a statement of the reasms for selecting other than the low bid. The applicant's preference is not an acceptable reason for selecting a higher bid. a. Number of Bids Under formal advertising, a bid and proposal frm at least two contractors nest be received before selection is made. If formal advertising does not produce two bids, _ and the bid received is acceptable, the Finance Committee of the City Council may authorise the selection of the single bidder. b. Acceptable Contractors The Community Development Department shall always exercise care and good judgment in selecting a contractor. A selected contractor shall be of good reputation, financially sound, have adequate financial resources to carry out his bid and proposal, and be qualified to do the required work. The Community Development Department shall frequently rmitor its list of contractors to ensure that they continue - to be acceptable. c. No Notification to Bidder before Contract Award The Comonity De;7buMeat Department shall not advise any- bidders of either selection or rejection before the contract is awarded. B. Award of Construction Contract The contract shall be awarded by having the applicant £or the rehabilitation grant properly exemte the contract with the assistance of the Community Development Departmeat. a. Issuance of proceed order At the time the award is made, the Community Develolummt Department shall remind the applicant And the successful contractor that the undertaking of the work covered by the contract is subject to issuance by the owner of a proceed soder, within the number Of days stated in the general conditions of the contract from the date of the award. Upm award of the contract, the Community Development Depart- ment shall notify unsuccessful bidders that they have not been awarded the contract N. Contract Awarded After Grant Apezoval The contract award shall be made only after the grant has been approved by the Finance Camittee of the City Council. 0. Award Within 30 Days of Cutoff Date In order for the bid and proposal to be binding, the award ahall be node within a period of 30 days fret the cutoff date established by the Conamnity Development Department for the receipt of the bid and proposal, unless a later date is agreed upon in writing. -25- d. Contract Award In the award of a construction contract for rehbilitation, the dnvoly d parties shall arecute an original and three copies of the contract documents. The COswuity Development Department stall distribute the executed contract documents, as follows: (1) Executed original to contractor. (2) Executed counterpart to owner. (3) Executed copy retained by the Community Development Department. (4) Executed copy retained by the City Clerk. 9., Issuance of Proceed Order The general conditions of the construc- tion contract will state that the Owner will issue a proceed order within a stated number of days frrm the date of anceptance of the contractor's bid and proposal. i"ne proceed order for a construction contract which shall be exeented by the owner at grant settlement, shall be issued within 30 days of the acceptance of the contractor's bid and proposals and shall require the startofconstruction within 30 days or less fr® the date of the order's. signing unless an extended perked a time is anthorised by the Director of Community Development and approved by the owner for reasons beyond the control of the Contractor. a. Original to the contractor. b. One copy retained by the Community Development Department. c. One copy to grantee or owner. 10. labor PrP ed by Owner in Rehabilitation Property a. Me oP k d skill of owner A property owner may complete r all oP the tw,. requdasd to rehabilitate his pmpertyw if he has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplish- -. Ment of task® of an unskilled nature such as general Cleanup; demolition a small buildings on a prOPerty; removal, cartagel and disposal of the debris; and for work that involves minimal One of costly Materials and equipment. work of a skilled nat xe, and work involving the extensive installation of costly materials and equipment, are aWropr'iate if the Concemity Develodsent Department is essnred the property owner has the ability and experience required to An the work propsrly without Svlsevlsdon, or that he has sufficient skill to do the work properly with technical edrice and guidance fres the Community Development Department. 26 b. Benefits frac Self -Help Self-help may reduce the amount of a loan tttat the property owner would otherwise require, thereby reducing his monthly payments or the team of the loan, as he prefers. At times self-help myy also enable a property owner to obtain reh bilitation grant by reducing cents to an across within the limits for a great. c. Provision for Self -Help in Grant Whenever self-help is necessary, indicated, or desired, and the Conmanity Development Department Considers that with or without its technical assist- s and guidance, a pavperty owner will be able to perform the work in aron ally acceptable and expeditious m it may process an application for a rehabilitation grant that basis. In such a case, the amount of the grant would provide funds to pay for the materials and equipment to be installed by self- help, as well as any additional funds needed to pay for other rehbilltation work to be performed by a contractor. The amount of the grant shall not include fads to pay the owner or m hers of his family for their labor. Farther, the Commodity Development Department must e'dercise good judgment and prudence so as to avoid situation in which an owner could place himself in financial difficulty through improper use, installation, or even destruction of the materials and equipment purchased with grant funds. For this reason, the Owner should understand that the proceeds of a grant to pay the supplier for materials and equipment involved in self-help will be disbursed from the rehabilitation escrow account by the Community Development Department only after they have been properly installed. d. Coordination with Contractor when s of the rehabilitation work is to be done through self-help, and the remainder is to be done by the contractor. the Commodity Development Department should assure that the work is done by each of them so asnot to interfere with or jeopardize the other's work. In Cases where a separation in the timing of the work is not feasible the Community Development Dapart Went should urge the ower and contractor to make their own arraugements on the timing, so that each may, do his own work without causing any interference in the work to be done by the other. In all ihstsucws, the Owner will be better protected if work to be dons thrOdgb self-help is completed before the contractor starts his work. Such completion will help be avoid Claims by the contractor for extras or damaged he may claim are caused by the self-help efforts, and All sure tbat'wheh all the work is finished, the property will secure with Housing Code requirements. -27- M. Inspection of AeD bilitation Work 1. General This Section sets forth requiremeats for the inspection of rehbilitation work financed in whole or in part with a rehabili- tation grant. 2.. Responsibility For Making Iupectiour Inspections Of construction work shall De performed by the Coity Development ➢epartm¢nt. 3. Ins ections fox Progress Payments and Final Payment Inspection of construction work shall De made in accordance with the following: a. Progress Payments A compliance inspection of the rehabili- tation work shall be made before the Community Development Department makes a progress payment on a contractor's invoice. (1) Psament for Satisfactory Work If the inspection deter- mSnes that work completed is satisfactory, the Community Development Department ahall draw on the escrow account a progress payment check pan ble to the owner and the intended payee. (2) Obtaining Corrective Action If the work Completed is not in ardent with the construction contract £or a shall Semthe the Cof ny n Development Department shall advise the owner o£ any noncompliance in the yconsta the contr work, or of an incorrect ion ed to ted obtain, . by the contractor. The Owner shall es requested to obtain, with assistance Pram the Commtion frty the contras Department, appropriate corrective action ftom the contractor. u No payment shall be made on constriction contract until the contractor rective hes satisfactorily completed the necessary corrective action. I. Final Inspection upon completion of the rehsbi]itatioi work and receipt of the contractor's invoice containing his certifi- cation of satisfactory completion of all the work in accordance with the contract sal his warranty, the Covm,mity Development Department shall inspect the completed work. .When the final inspection determines that the work is satisfactorily completed - in accordance with the contract, the Community Development Departsent shall obtain from the contractor a release of liens, and a copy of each warrenty due the owner for the work. After receipt of a release of liens, fnoluding releases Prov all sob - contractors and suppliers and a copy of each warranty, the Comamity Development Department shall make final payment in accordance with Section J. 4. Certification of Final Inspection After the Community Development Department date lues that'tDe rehabS]itatiw work hoe been fully and satisfactorily completed and the final inspection report obtained, the Community Development Department shall prepare a Certification of Final Inspection. The Certification of Final Inspection shall include thenen and address of the applicant, the address of the -28- property and a statement to the effect that final inspection hes been made, all work hes been satisfactorily ccs leted in conformance with the stated contract, and the property now meets the requirements of the Housing Code of the City of Bangor. The Certification of Final Inspection shall be signed and dated by the person making the final inspection. a. Distribution The Certification of Final Inspection shall be distributed as follows: (1) Signed original to the property owner. (2) Signed copy retained by the Community DeveloHment Department. R. Project Areas Eligible for Grant Assistance Tne Community Development Program Property Rehabilitation Grents sball be made only with respect to a residential or residential portion of a mixed-use property located within the following Cosmmuuty Development Progress project areas: 1. Hancock -York NDP Area bounded and described in Section I of the "Conmsnity Development Program Redevelopment Plan, Hancock -York NDP" approved and adopted by the City Council an Jane 23, 1975. 2.., Thud -Main NCP Area bounded by Main Street, Buck Street, Tnisd Street and Ceder Street. -29-