HomeMy WebLinkAboutPR 20470: TENDER LOVING CARE CENTER FOR CHILDREN D/B/A LEGACY CDC AS A COMMUNITY BASED DEVELOPMENT ORGANIZATION 4 City of
urt rthts
Texas
INTEROFFICE MEMORANDUM
Department of Development Services
Division of Housing and Neighborhood Revitalization
Date: September 18, 2018
To: Harvey Robinson, Interim City Manager
From: Beverly Freeman, Director of Housing&Neighborhood Revitalization
Re: P.R. 20470—Authorization to Designate Tender Loving Care Center for Children d/b/a
Legacy CDC as a Community Based Development Organization
Nature of the request:
Among the purposes of the Cranston-Gonzalez National Affordable Housing Act of 1990(NAHA),as
amended, participating jurisdictions are required to (1) promote partnerships with nonprofit
organizations, and(2) expand nonprofit organizations' capacity to develop and manage decent and
affordable housing.
To assist in achieving these purposes, participating jurisdictions are encouraged to identify
Community Development Corporations that are capable, or can reasonably be expected to become
capable of carrying out elements of its housing programs. It is essential that participating jurisdictions
build and strengthen partnerships with Community Development Corporations.
As established by 24 Code of Federal Regulations 570.204, a Community Based Development
Organization(CBDO)is an association or corporation organized under State or local law to engage in
community development activities(which may include housing and economic development activities)
primarily within an identified geographic area of operation within the jurisdiction of the recipient,or
in the case of an urban county, the jurisdiction of the county; and
A CBDO has as its primary purpose the improvement of the physical,economic or social environment
of its geographic area of operation by addressing one or more critical problems of the area, with
particular attention to the needs of persons of low and moderate income; and
It may be either non-profit or for-profit,provided any monetary profits to its shareholders or members
must be only incidental to its operation; and
It is free to contract for goods and services from vendors of its own choosing; and
A CBDO is a Community Housing Development Organization (CHDO) under 24 CFR 92.2
designated as a CHDO by the HOME Investment Partnerships program participating jurisdiction,with
a geographic area of operation of no more than one neighborhood, and has received HOME funds
under 24 CFR 92.300 or is expected to receive HOME funds as described in and documented in
accordance with 24 CFR 92.300 (e).
Staff Analysis/Considerations:
Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation(TLCC
d/b/a Legacy CDC)is a chartered Texas non-profit corporation and has met the criteria for qualifying
as a Community Housing Development Organization(CHDO)and is qualified for certification as a
Community Based Development Organization(CBDO)according to their Articles of Incorporation
and By-laws. TLCC d/b/a Legacy CDC has obligated themselves to assist the City of Port Arthur
with carrying out the mission of to eliminate blight and provide decent,safe,sanitary and affordable
housing for low and moderate-income persons/families of the community.
Staff will be responsible for providing technical assistance, guidance and other resources to the
CBDO's in an effort to build lasting partnerships.
Budget Consideration:
Funding will be provided from account numbers 105-1431-552.59-00 Project numbers C43105 and
C44117.
Recommendation:
The Housing Division recommends the City Council adopt Proposed Resolution No. 20470,
authorizing certification of Tender Loving Care Center for Children d/b/a Legacy Community
Development Corporation as a Community Based Development Organization (CBDO) and
authorizing the execution of a contract between the City of Port Arthur and Tender Loving Care
Center for Children d/b/a Legacy Community Development Corporation of Port Arthur,Texas in the
amount not to exceed $320,000.00 to assist with new construction infrastructure activities in the
Downtown Affordable Housing Target Area to assist reducing the construction cost of single family
homes.
P. R. 20470
09/18/18 BF
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE DESIGNATION OF TENDER LOVING CARE CENTER
FOR CHILDREN D/B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION AS A
COMMUNITY BASED DEVELOPMENT ORGANIZATION (CBDO) AND AUTHORIZING
EXECUTION OF A CONTRACT BETWEEN THE CITY AND TENDER LOVING CARE
CENTER FOR CHILDREN D/B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION
IN THE AMOUNT NOT TO EXCEED $320,000.00 FOR INFRASTRUCTURE PROJECTS IN
THE DOWNTOWN AFFORDABLE HOUSING TARGET AREA. FUNDING WILL BE
PROVIDED FROM ACCOUNT NUMBER 105-1431-552.59-00, PROJECT NUMBERS C43105
AND 44117.
WHEREAS, Tender Loving Care Center for Children d/b/a Legacy Community
Development Corporation, Port Arthur, Texas was chartered as a Texas Non-profit corporation to
provide safe, decent, sanitary and affordable housing to low and moderate income families; and,
WHEREAS,the Department of Housing and Urban Development awards Federal
Community Development Block Grant(CDBG)Program funds to the City annually,pursuant to the
Housing and Development Act of 1974 for the primary benefit of low and moderate income
persons/families; and,
WHEREAS,the City Council,by its adoption of Resolution Number 18-205,
(authorizing submission of a 2018 Consolidated Plan)has obligated the City to provide direct
financial assistance for qualified Non Profit Organizations to assist low and moderate income
persons/families; and,
WHEREAS, Tender Loving Care Center for Children d/b/a Legacy
Community Development Corporation is an eligible Community Housing Development Organization
(CHDO) and has obligated themselves to assist the City with carrying out the mission to eliminate
blight and provide decent, safe, sanitary and affordable housing for low and moderate-income
persons/families of the community; and,
WHEREAS,pursuant to Resolution No. 18-201,the City Council authorized funding
in the amount of$200,000 for infrastructure improvement projects in the Downtown Affordable
Housing Target Area; and,
WHEREAS,pursuant to Resolution No. 18-364,the City Council authorized funding
to the City's Housing Division in the amount of$120,000 for infrastructure improvement projects in
the Downtown Affordable Housing Target Area. The Housing Division requests that this finding be
allocated to Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation for new construction infrastructure improvement projects in the Downtown Target Area;
and,
WHEREAS,the Housing Division recommends the City Council authorize the
designation of Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation as a Community Based Development Organization (CBDO), as outlined herein and
further described in substantially the same form as in the attached certificate marked Exhibit "A";
and,
WHEREAS,the City Manager is further authorized to execute a contract between the
City and Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation
in the amount not to exceed$320,000.00 to assist with new construction infrastructure improvement
projects in the Downtown Affordable Housing Target Area to assist with reducing the construction
cost of single family homes,as outlined herein and further described in substantially the same form as
in the attached contract marked Exhibit"B".
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Tender Loving Care Center for Children d/b/a Legacy Community
Development Corporation is hereby designated as a Community Based Development Organization
(CBDO).
Section 3. That the City Manager is hereby authorized to execute a contract between the
City and Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation
in the amount not to exceed$320,000.00 for infrastructure improvement projects in the Downtown
Affordable Housing Target Area as outlined herein and further described in substantially the same
form as in the attached contract marked Exhibit"B".
Section 4. That a copy of the caption of this Resolution be spread upon the minutes of
the City Council.
READ,ADOPTED AND APPROVED this day of September, A.D., 2018 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following
Vote: AYES: MAYOR
COUNCILMEMBERS
NOES:
DERRICK FORD FREEMAN,
MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
r (I, 1 y fro ,
VAL . I EN , CITY ATTORNEY
APPROVED FOR FUNDS:
HAROLD HANKINS, ASSISTANT
FINANCE DIRECTOR
APPROVED FOR ADMINISTRATION:
HARVEY ROBINSON,
CITY MANAGER
RON BURTON, IN
ASSISTANT CIT MANAGER
\--6-14M112
BEVERLY FIREMAN, DIRECTOR
OF HOUSINtie AND NEIGHBORHOOD
REVITALIZATION
EXHIBIT "A"
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EXHIBIT "B"
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
AND
TENDER LOVING CARE CENTER FOR CHILDREN D/B/A LEGACY COMMUNITY
DEVELOPMENT CORPORATION
A COMMUNITY BASED DEVELOPMENT ORGANIZATION (CBDO)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
SECTION 1. PARTIES TO THE CONTRACT
This contract and agreement is made and entered into by and between the City of Port
Arthur, Texas (hereinafter called the "City") acting herein by its Mayor and City Manager,
duly authorized by Resolution of the City Council of the City of Port Arthur and the
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation. COMMUNITY BASED DEVELOPMENT ORGANIZATION. (hereinafter
called "CBDO") Jefferson County. Texas. The parties hereto agree. by the execution
hereof. that they are bound to the mutual obligations and to the performance and
accomplishment of the tasks described herein.
WITNESSETH THAT:
WHEREAS, the CBDO operates as a Texas non-profit corporation that is
organized to assist low income individuals and families achieve the American dream of
CBDO; and,
WHEREAS, the Department of Housing and Urban Development annually
award CDBG Program funding to the City, pursuant to the Housing and Development
Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable state and federal requirements are met concerning the disbursement of funds
to the CBDO: and.
WHEREAS, projects undertaken by the CBDO pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended:
WHEREAS, under the terms of the grant the City must ensure that
all applicable state and federal requirements are met concerning the disbursement of
funds to the CBDO, per the Community Development Block Grant Program Regulations
24 Code of Federal Regulations 570 and per the Administrative Requirements in 24
Code of Federal Regulations 85.36 and 85.37; and,
WHEREAS, projects undertaken by the CBDO pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on October 1, 2018 and shall terminate
on September 30, 2019, unless otherwise specifically provided by the terms of this
contract.
SECTION 3. CBDO'S PERFORMANCE
The CBDO shall complete activities in the Downtown Affordable Housing Target Area to
assist with new construction infrastructure activities in the Downtown Affordable Housing
Target Area to assist reducing the construction cost of single family homes. The projected
sales prices shall range from $130,000.00 to $150,000.00, as established by an appraisal.
The CDBGs are required to be sold to low and moderate income persons/families. It is
understood by all parties that if the homes are not sold by September 30, 2019, the vacant
properties and full ownership thereof will automatically revert to the City of Port Arthur.
The homebuyers are required to participate in a homebuyer Education Class. The
homebuyer Education Class shall be a minimum of eight (8) hours and shall include
homebuyer orientation and education classes, credit and budget workshops, one on one
counseling, pre-purchase and post-purchase counseling.
The homebuyers are required to maintain the property as their primary residence for the a
applicable period of affordability of ten (10) years with the purchase of a new construction
homes.
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CBDO, will be required to provide the City of Port Arthur a full mortgage
approval for the qualified buyer prior to the construction of the new home.
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CBDO, will insure qualified buyers are conveyed full ownership to the new
construction home within sixty (60) days after issuance of the Certificate of Occupancy.
The CBDO shall ensure the homebuyer will be required to maintain the property as their
primary residence for the applicable period of affordability of ten (10) years with the
purchase of a new construction CDBG as identified in the Community Development
Block Grant Regulations 24 Code of Federal Regulations Part 570, or the City will
recapture all the CDBG funds invested as identified in the Community Development
Block Grant Regulations 24 Code of Federal Regulations Part 570 and per the
Administrative Requirements in 24 Code of Federal Regulations Part 85.36 and 85.37.
$320,000.00 is being provided for the infrastructure activities in the Downtown Affordable
Housing Target Area to assist with infrastructure projects. 100% of the new construction
CDBG shall be Energy STAR qualified.
Down payment and closing costs assistance will be provided to the homebuyers as a direct
benefit and will be provided from the proceeds from the sale of the CDBGs to assist with the
principal buy down and closings fees associated with the purchase of the CDBGs.
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CBDO will utilize a total amount of CDBG Program funds not to exceed
$320,000.00, as delineated in Exhibit "B".
The CBDO shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit "A", the Budget, hereinafter called Exhibit "B" and
all requirements, policies and procedures of the CDBG Program and the City of Port
Arthur.
The Project Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws
and Regulations, hereinafter called Exhibit D; the Certifications, hereinafter called
Exhibit E; and Exhibit F Construction Specifications; the assurances, certifications, and
all other statements made by the CBDO in its application for the project funded under
this contract; and with all other terms, provisions, and requirements set forth in this
contract. It shall be CBDO's responsibility to furnish its own accounting services
including clerical, statistical, bookkeeping for expenditures made by CBDO in
performance of the obligations herein.
A. Other Federal Requirements (Subpart H):
The CBDO shall be required to conduct a market analysis to identify the feasibility of new
construction. The CBDO shall be required to conduct and implement an affirmative
marketing program and outreach to the community by advertising in the local newspaper,
with fliers, brochures and seminars in accordance with Community Development Block
Grant Regulations 24 Code of Federal Regulations 570.
The CBDO shall advertise for and conduct outreach for minority and women's businesses
in local newspapers according to executive orders 11625, 112432,12138, and 24 Code of
Federal Regulations 85.36 (e).
SECTION 4. CITY'S OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, the City shall be liable for actual and reasonable costs incurred by
the CBDO during the contract period for performances rendered under this contract by
CBDO, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's obligations
under this Section 4 are contingent upon the actual receipt of adequate federal funds to
meet City's liabilities under this contract. If adequate funds are not available to make
payments under this contract, the City shall notify CBDO in writing within a reasonable time
after such fact is determined. The City shall then terminate this contract and will not be
liable for failure to make payments to CBDO under this contract.
2. The City shall not be liable to CBDO for any costs incurred by CBDO, or any portion
thereof, which has been paid to CBDO or is subject to payment to CBDO, or has been
reimbursed to CBDO or is subject to reimbursement to CBDO by any source other than City
or CBDO.
3. The City shall not be liable to CBDO for any costs incurred by CBDO or for any
performances rendered by CBDO which are not allowable costs as set forth in Section 6 of
this contract. City assumes no responsibility to reimburse CBDO for any unauthorized
expense incurred nor shall CBDO create any deficit in the name of City nor shall CBDO
assign any payment due from City to any other party.
4. The City shall only disburse funds to CBDO upon receipt of invoices from suppliers or
CBDOs or other evidences approved by City's Housing Assistance staff. These invoices
must be in accordance with Exhibit B of this contract.
5. The City shall not be liable to CBDO for any costs incurred by CBDO for any
performances rendered by CBDO which are not strictly in accordance with the terms of this
contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of
this Contract.
6. The City shall not be liable for costs incurred or performances rendered by CBDO
before commencement of this contract or after termination of this contract.
B. Limit of Liability
Notwithstanding any other provision under this contract, the total of all payments and
other obligations incurred by the City under this contract shall not exceed the sum of Three
Hundred Twenty Thousand Dollars and No/100 ($320,000) for the infrastructure
improvements in the Downtown Affordable Housing Target Area.
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse eligible costs incurred under this contract in accordance with the
requirements of 24 CFR 570, only upon request for reimbursement by the CBDO. The
amount of each request will be made as invoiced by the CBDO and must be supported by
cancelled checks, eligible support documentation and applicable lien waivers.
B. It is expressly understood and agreed by the parties hereto that payments under this
contract are contingent upon CBDO's full and satisfactory performance of its obligations
under this contract. City reserves the right to recapture funds provided under this contract
in the event that CBDO has been unable to commit funds before the end of this contract
period.
C. The City will release funds for pre-development activities at the time an invoice is
presented by CBDO for each pre-development line item listed in Exhibit B.
D. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not preclude the
exercise of any other right or remedy under this contract or under any provision of law, nor
shall any action taken in the exercise of any right or remedy be deemed a waiver of any
other rights or remedies. Failure to exercise any right or remedy hereunder shall not
constitute a waiver of the right to exercise that or any other right or remedy at any time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND PROGRAM INCOME
A. CBDO shall maintain records of the receipt, accrual, and disposition of all program
income in the same manner as required for all other funds under this contract. CBDO shall
provide reports of program income as requested by the City and at the termination of this
contract.
B. CBDO shall retain the CDBG Program CBDO Proceeds funds and any income derived
specifically from the use of CDBG funds by CBDO. Income to CBDO, which is generated as
a result of CBDO's use of grant funds, shall be considered CBDO Proceeds and must be
used by CBDO for the City approved eligible CBDO activities. All other funds shall be
retained by the CBDO and used for other eligible housing projects. CBDO shall be required
to provide reports detailing the operation, performance and the eligible use and flow of
CDBG funds retained by CBDO for the three consecutive uses. An annual audit will be
conducted by the City designated staff to assure compliance with all Federal State and
Local ordinances and regulations.
C. As a non-profit organization, CBDO must comply with applicable regulations under OMB
Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. CBDO must establish and maintain sufficient records, as determined by City, to account
for the expenditure and use of CDBG funds.
B. CBDO shall give the City, the Comptroller of the United States, or any of their duly
authorized representatives, access to and the right to examine all books accounts, records,
reports, files and other papers, things or property belonging to or in use by CBDO pertaining
to this contract. Such rights to access shall continue as long as the records are retained by
CBDO. CBDO agrees to maintain such records in an accessible location.
C. All records pertinent to this contract shall be retained by CBDO for three (3) years
following the date of termination of this contract or submission of the final close-out report,
whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three (3) year
period and extends beyond the three (3)year period, the records will be maintained until all
litigation, claims or audit findings involving the records have been resolved.
2. Records relating to real property acquisition or long term lease shall be retained for a
period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. CBDO shall submit to the City such reports on the operation and performance of this
contract as may be required by the City including but not limited to the reports specified in
this Section 8. CBDO shall provide the City with all reports necessary for City's compliance
with 24 CFR Part 570.
1. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if CBDO fails to submit to City in
a timely and satisfactory manner any report required by this contract, the City may, at its
sole discretion, withhold any or all payments otherwise due or requested by CBDO
hereunder. If the City withholds such payments, it shall notify CBDO in writing of its decision
and the reasons therefore. Payments withheld pursuant to this paragraph may be held by
the City until such time as the delinquent obligations for which funds are withheld are
fulfilled by CBDO.
SECTION 9. MONITORING
The City reserves the right to, from time to time, carry out field inspections to ensure
compliance with the requirements of this contract. CBDO shall attend a compliance meeting
after the award of funds and prior to the first draw. After each monitoring visit, the City shall
provide CBDO with a written report of the monitor's findings. If the monitoring reports note
deficiencies in CBDO's performances under the terms of this contract, the monitoring report
shall include requirements for the timely correction of such deficiencies by CBDO. Failure by
CBDO to take action specified in the monitoring report may be cause for suspension or
termination of this contract, as provided in Sections 17 and 18 of this contract.
A. The City reserves the right to monitor the day to day clearance, development and
construction of activities performed under this contract to assure compliance with applicable
federal requirements and that performance goals are being achieved. Field inspections will
be conducted to ensure compliance with the requirements of this contract and local, federal
and state codes, ordinances, and the CONSTRUCTION SPECIFICATIONS. CBDO shall
attend a compliance meeting after the award of funds and prior to the first draw. If the
monitoring reports indicate deficiencies in CBDO'S performances under the terms of this
contract, the CBDO shall be required to immediately correct all deficiencies prior to the
release of payment failure by CBDO to take action specified in the monitoring report may be
cause for suspension or termination of this contract, as provided in Sections 17 and 18 of
this contract.
B. Monitoring CBDO provides a basis for assessing program operations and identifying
problems. A secondary goal of monitoring is to obtain ongoing data for use in determining
program achievement. Evaluations will summarize monitoring findings, program goals and
measure progress toward those goals during the provision of services.
C. The City has responsibility for overall CDBG Program performance and compliance,
including the performance of a CBDO. Clear record keeping requirements for CBDO are
essential for grant accountability. Responsibility for maintaining in-house records is
assigned to the CBDO.
D. The City shall meet all HUD requirements for the CDBG Program according to
24 Code of Federal Regulations Part 570.
E. Housing projects and activities will be monitored with on-site inspections on a day to
day basis as follows to ensure compliance with Federal, State, local codes, ordinances,
regulations and standards:
1. On-site inspections and monitoring of construction activities are conducted on a periodic
basis as needed by certified and qualified City staff to ensure homes are developed and
provided in compliance with the following Building Codes: IRC 2012, IPC 2012, NEC 2011,
IECC 2012 and IFC 2012, IMC 2012, ADA 2012 and all such associated codes that shall be
complied with in producing. In addition, the most current specifications, codes, ordinances,
regulations and standards will be enforced.
2. Written documentation of construction progress, including pictures of the phases of
construction are required.
3. Critical inspections are conducted as follows:
a. Footings, Termite Treatments & Foundations
b. Framing
c. Roofing
d. Plumbing
e. Electrical
f. Mechanical
g. Sheetrock
h. Painting & Trim
i. Installation of exterior siding (or brick veneer),
j. Installation of cabinets and flooring
k. Landscaping
I.
4. Funds are not disbursed until phases of construction are inspected by Certified
Inspectors, authorized representatives from the Housing and Neighborhood Revitalization
Division, the CBDO and the Contractor in attendance.
5. CBDOs and Vendors performance are evaluated and reviewed prior to execution of
agreements and annually.
6. Other inspections will be provided as required.
SECTION 10. INDEPENDENT CBDO
It is expressly understood and agreed by the parties hereto that the City is contracting with
CBDO as an Independent CBDO, and that CBDO, as such, agrees to hold the City
harmless and to indemnify the City from and against any and all claims, demands, and
causes of action of every kind and character which may be asserted by any third party
occurring or in any way incident to, arising out of, or in connection with the services to be
performed by CBDO under this contract. CBDO shall present proof of Directors and Officers
Insurance.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
CBDO may not subcontract for performances described in this contract without obtaining
the City's written approval. CBDO shall only subcontract for performances described in this
contract to which federal labor standards requirements apply after CBDO has submitted a
CBDO Eligibility Form, as specified by City, for each proposed subcontract, and CBDO has
obtained City's prior written approval, based on the information submitted, of CBDO's intent
to enter into such proposed subcontract. CBDO, in subcontracting for any performances
described in this contract, expressly understands that in entering into such subcontracts,
City is in no way liable to the CBDO(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
CBDO obtain City's prior written approval of a CBDO's eligibility, be construed as relieving
CBDO of the responsibility for ensuring that the performances rendered under all
subcontracts are rendered so as to comply with all terms of this contract, as if such
performances rendered were rendered by CBDO. City's approval under Section 11 does not
constitute adoption, ratification, or acceptance of CBDO's or CBDO's performance
hereunder. City maintains the right to insist upon CBDO's full compliance with the terms of
this contract, and by the act of approval under Section 11, City does not waive any right of
action which may exist or which may subsequently accrue to City under this contract.
C. CBDO shall comply with all applicable federal, state, and local laws, regulations, and
ordinances for making procurements under this contract.
SECTION 12. BREACH OF CONTRACT:
A. If through any cause, the CBDO shall fail to fulfill in a timely and proper manner his
obligations under this contract, or if the CBDO shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to
terminate this contract by giving written notice to the CBDO of such termination and
specifying the effective date thereof, at least fifteen (15) days before the effective date of
such termination. Notwithstanding the above, the CBDO shall not be relieved of liability to
the City for damages sustained by the City by virtue of any breach of the contract by the
CBDO, and the City may withhold any payments to the CBDO for the purpose of set-off until
such time as the exact amount of damages due the City from the CBDO is determined.
SECTION 13. CONFLICT OF INTEREST
No person who (1) is an employee, agent, consultant, officer or elected or appointed official
of the City of Port Arthur or any applicant that receives funds and who exercises or has
exercised any functions or responsibilities with respect to activities assisted with funds
provided under this contract or (2) who is in a position to participate in a decision making
process or gain inside information with regard to such activities may obtain a personal or
financial interest or benefit from a CDBG assisted activity, or have an interest in any
contract, subcontract, or agreement (or proceeds thereof)with respect to a CDBG assisted
activity either for themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. A exception may be granted upon written request by
the City to HUD in accordance with 24 CFR 570. CBDO shall ensure compliance with
applicable provisions under 24 CFR 85.36 and OMB Circular A-110 in the procurement of
property and services.
SECTION 14. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u., that mandates that HUD ensures employment and other economic
opportunities generated by its housing and community development assistance programs
are directed toward low and very-low income persons, particularly those who are recipients
of government assistance for housing. The regulations are found at 24 Code of Federal
Regulations Part 135. The CBDO shall ensure employment of low and moderate income
persons and families in compliance with Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u.
B. Equal Opportunity. CBDO shall ensure that no person shall on the grounds of race,
color, religion, sex, handicap, familial status, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract. In
addition, funds provided under this contract must be made available in accordance with the
requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u) that:
1. To the greatest extent feasible, opportunities for training and employment arising in
connection with the planning and carrying out of any project assisted with CDBG funds
provided under this contract be given to low-income persons residing within the City of Port
Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection with
any such project be awarded to business concerns, including, but not limited to, individuals
or firms doing business in the field of planning, consulting, design, architecture, building
construction, rehabilitation, maintenance, or repair, which are located in or owned in
substantial part by persons residing in the City of Port Arthur.
C. Religious Organizations. Funds provided under this contract may not be provided
to primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate or
construct housing owned by primarily religious organizations or to assist primarily religious
organizations in acquiring housing. Funds provided under this contract may not be used to
rehabilitate or construct nonresidential owned by primarily religious organizations except as
provided in Section 22 of this contract. The completed housing or nonresidential building(s)
must be used exclusively by the owner entity for secular purposes and must be available to
all persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of the property as specified in 24 CFR 570.
SECTION 15. LEGAL AUTHORITY
A. CBDO assures and guarantees that CBDO possesses legal authority to enter into
this contract, receive funds authorized by this contract, and to perform the services CBDO
has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of CBDO, or
representing themselves as signing and executing this contract on behalf of CBDO, do
hereby warrant and guarantee that he, she or they have been duly authorized by CBDO
to execute this contract on behalf of CBDO and to validly and legally bind CBDO to all
terms, performances, and provisions herein set forth.
C. CBDO shall not employ, award contract to, or fund any person that has been
debarred, suspended, proposed for debarment, or placed on ineligibility status by U.S.
Department of Housing and Urban Development. In addition, the City shall have the right to
suspend or terminate this contract if CBDO is debarred, proposed for debarment, or
ineligible from participating in the CDBG Program.
SECTION 16. LITIGATION AND CLAIMS
CBDO shall give the City immediate notice in writing of 1) any action, including any
proceeding before an administrative agency filed against CBDO in connection with this
contract; and 2) any claim against CBDO, the cost and expense of which CBDO may be
entitled to be reimbursed by City. Except as otherwise directed by City, CBDO shall furnish
immediately to City copies of all pertinent papers received by CBDO with respect to such
action or claim.
SECTION 17. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alterations, additions,
or deletions to the terms of this contract shall be by amendment hereto in writing and
executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under this
contract must be rendered in accordance with the Act, the regulations promulgated under
the Act, the assurances and certifications made to City by CBDO, and the assurances and
certifications made to the United States Department of Housing and Urban Development by
the City of Port Arthur with regard to the operation of the City's CDBG Program. Based on
these considerations, and in order to ensure the legal and effective performance of this
contract by both parties, it is agreed by the parties hereto that the performances under this
contract are by the provisions of the CDBG Program and any amendments thereto and may
further be amended in the following manner: City may from time to time during the period of
performance of this contract issue policy directives which serve to establish, interpret, or
clarify performance requirements under this contract. Such policy directives shall be
promulgated by the City Manager when authorized by the City Council of Port Arthur in the
form of CDBG issuances shall have the effect of qualifying the terms of this contract and
shall be binding upon CBDO, as if written herein, provided however that said policy
directives and any amendments to the City's CDBG Program shall not alter the terms of this
contract so as to release City of any obligation specified in Section 4 of this contract to
reimburse costs incurred by CBDO prior to the effective date of said amendments or policy
directives.
C. Any alterations, additions, or deletions to the terms of this contract which are required
by changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto, and shall become effective on the date
designated by such law or regulation.
SECTION 18. SUSPENSION
In the event CBDO fails to comply with any terms of this contract, City may, upon written
notification to CBDO, suspend this contract in whole or in part and withhold further
payments to CBDO, and prohibit CBDO from incurring additional obligations of funds under
this contract.
SECTION 19. SUSPENSION AND TERMINATION
A. In the event CBDO fails to comply with any terms of this contract, City may, upon
written notification to CBDO, suspend this contract in whole or in part and withhold further
payments to CBDO, and prohibit CBDO from incurring additional obligations of funds under
this contract.
B. The City may terminate this contract in whole or in part in writing to the CBDO in
accordance with 24 Code of Federal Regulations Part 85.43 and this Section. In the event
CBDO materially fails as determined by the City to comply with any terms of this contract,
whether stated in a Federal statute or regulation, an assurance, in a City plan or application,
a notice of award, or elsewhere, City may take one or more of the following actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
CBDO or take more severe enforcement action against CBDO.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG Program awards from the CBDO.
4. Take other remedies that may be legally available as determined by the City, to
comply with the terms of this contract. City may terminate this contract for convenience in
accordance with 24 Code of Federal Regulations Part 85.44. This contract may be
terminated at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of funds.
Termination shall occur thirty (30) days after the parties agree to terminate. The CBDO
shall not incur any new obligations once an agreement to terminate is reached and shall
cancel all outstanding obligations. The CBDO will be reimbursed for expenses incurred to
the date of termination provided grant funds are available.
5. If the Contract is terminated by the City as provided herein, the CBDO will be paid for
the service that it has performed up to the termination date. If this contract is terminated due
to fault of the CBDO, the previous paragraph hereof relative to termination shall apply.
SECTION 20. AUDIT
A. Unless otherwise directed by City, CBDO shall arrange for the performance of an
annual financial and compliance audit of funds received and performances rendered under
this contract, subject to the following conditions and limitations:
1. CBDO shall have an audit made in accordance with 24 CFR Part 44, or OMB Circular
A-110 for any of its fiscal years included within the contract period specified in Section 2 of
this contract in which the CBDO receives more than $25,000 in Federal financial assistance
provided by a Federal agency in the form of grants, contracts, loans, loan guarantees,
property, cooperative agreements, interest subsidies, insurance or direct appropriations, but
does not include direct federal cash assistance to individuals. The term includes awards of
Federal financial assistance received directly from federal agencies, or indirectly through
other units of State and local government;
2. At the option of CBDO, each audit required by this section may cover either CBDO's
entire operations or each department, agency, or establishment of CBDO which received,
expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), CBDO shall utilize funds
budgeted under this contract to pay for that portion of the cost of such audit services
properly allocable to the activities funded by City under this contract, provided however that
City shall not make payment for the cost of such audit services until City has received such
audit report from CBDO;
4. Unless otherwise specifically authorized by City in writing, CBDO shall submit the
report of such audit to City within thirty (30) days after completion of the audit, but no later
than one (1) year after the end of each fiscal period included within the period of this
contract. Audits performed under Subsection A of this Section 19 are subject to review and
resolution by City or its authorized representative.
5. As a part of its audit, CBDO shall verify expenditures according to the Budget
attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered under
this contract. CBDO agrees to permit City or its authorized representative to audit CBDO's
records and to obtain any documents, materials, or information necessary to facilitate such
audit.
C. CBDO understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s) of funds received under this contract. CBDO
further understands and agrees that reimbursement to City of such disallowed costs shall be
paid by CBDO from funds which were not provided or otherwise made available to CBDO
under this contract.
D. CBDO shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of CBDO.
E. All approved CDBG audit reports shall be made available for public inspection within
30 days after completion of the audit.
SECTION 21. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. CBDO understands and agrees that by execution of this contract CBDO shall be
responsible for providing to City all information, concerning this CDBG funded project,
required for City to meet its responsibilities for environmental review, decision making, and
other action which applies to City in accordance with and to the extent specified in 24 CFR,
Part 58. In accordance with 24 CFR 58.77(b), CBDO further understands and agrees that
CBDO shall make all reasonable efforts to assist City in handling inquiries and complaints
from persons and agencies seeking redress in relation to environmental reviews covered by
approved certifications.
SECTION 22. LABOR STANDARDS
A. Section 3 of the Housing and Urban Development Act of 1968, as amended,
12 U.S.C. 1701u., mandates that HUD ensures employment and other economic
opportunities generated by its housing and community development to assistance programs
are directed toward low and very—low income persons, particularly those who are recipients
of government for housing. The regulations are found at 24 Code of Federal Regulations
Part 135. The CBDO is required to comply with Section 3 requirements. The City of Port
Arthur will monitor CBDO's performance for compliance with Section 3. CBDO must provide
documentation of compliance and submit the completed Section 3 form 6002. This
information will be collected annually to assist HUD in meeting its reporting requirements
under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 19570. An
assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A-108 are not applicable.
B. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation
of a project assisted under this contract shall be paid wages at rates not less than those
prevailing on similar rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act (40 U.S.C. 276a-5), and contracts involving their employment shall be
subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-333). Construction CBDOs and subs, must comply with regulations
issued under these Acts and with other federal laws and regulations pertaining to labor
standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in Housing
and Community Development Programs), as applicable.
C. Copeland Anti-Kickback Act. CBDO shall comply with all applicable regulations
of the Secretary of Labor, United States Department of Labor, made pursuant to the
so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat. 862;
Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments or
modifications thereof, and shall cause appropriate provisions to be inserted in any
contracts or subcontracts pursuant to the performances under this contract to ensure
compliance therewith by all CBDOs and subs thereto.
SECTION 23. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by CBDO under this contract until
City has received certification from CBDO that its fiscal control and fund accounting
procedures are adequate to assure proper disbursal of and accounting for funds provided
under this contract. City shall specify the content and form of such certification.
B. Repayment. CBDO agrees that all repayments, including all interest and other return
on the investment of CDBG funds will be made to City. City reserves the right to permit
CBDO to retain interest or return on investment of CDBG funds for additional eligible
activities by the CBDO.
C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand
on the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall automatically revert to City. CBDO shall return these
assets to City within seven (7) business days after the date of termination.
D. Enforcement of Contract. City shall not release any funds for any costs incurred by
CBDO for land acquisition under this contract until City has received from CBDO a
Settlement Statement (HUD 1) indicating the costs associated with the purchase.
E. Flood Insurance. City shall not release any funds for any costs incurred by CBDO
under this contract until City has received from CBDO proof of flood insurance pursuant to
the requirements of the National Flood Insurance Act of 1968, as amended, and the Flood
Disaster Act of 1973. CBDO understands and agrees that by the execution of this contract
CBDO shall assume responsibility for keeping flood insurance in force in an amount equal
to at least the prorated value of the repairs to the building rehabilitated with funds under this
contract.
F. Displacement, Relocation, and Acquisition. CBDO must ensure that it will not
displace persons (families, business and non-profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 24. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the
subject matter of this contract that were made prior to the execution of this contract have
been reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by CBDO in accordance with Section 3 of
this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
4. Exhibit D, Applicable Laws and Regulations
5. Exhibit E, Certifications
SECTION 25. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County,
Texas.
SECTION 26. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Tender Loving Care Center for Children d/b/a
P 0 Box 1089 Legacy Community Development Corporation, CBDO,
Port Arthur, Texas 77641 3025 Plaza Circle
Port Arthur, Texas 77642
Cell: 409-365-9850
Office: 409-291-4259
vlballou@yahoo.com
ATTN: Interim City Manager ATTN: Vivian L. Ballou,
Executive Director
SECTION 27. CAPTIONS
Each paragraph of this contract has been supplied with a caption to serve only as a
guide to contents. The caption does not control the meaning of any paragraph or in any
way determine its interpretation or application.
SECTION 28. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
CBDO shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to
the activities and performances of CBDO under this contract. Upon request by City,
CBDO shall furnish satisfactory proof of its compliance herewith.
APPROVED AS TO FORM:
Valecia Tizeno, City Attorney
Signed and Agreed to on the day of , 2018.
CITY OF PORT ARTHUR
By:
Harvey Robinson, Interim City Manager
ATTEST:
Sherri Bellard, City Secretary
Signed and Agreed to on the day of , 2018.
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CBDO,
By:
Vivian L. Ballou
Executive Director
EXHIBIT A
Performance Statement
Tender Loving Care Center for Children d/b/a Legacy Community
Development Corporation, CBDO,
CBDO shall carry out the following activities identified in the 2018-2019 Federal CDBG Program
Guidelines:
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CBDO, shall assist in carrying out the mission of the City of Port Arthur
Community Development Department to eliminate blight, provide decent, safe, sanitary and
affordable housing for low and moderate income persons/families (80% MFI) within the City of
Port Arthur.
Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation,
CBDO, shall make sure the homebuyers participate in a homebuyers Assistance Program which
will include homebuyer orientation and education classes, credit and budget workshops, one on
one counseling, pre-purchase and post-purchase counseling. Tender Loving Care Center for
Children d/b/a Legacy Community Development Corporation, CBDO, will provide a qualified
buyer.
The City of Port Arthur Housing and Neighborhood Revitalization Department will also work
closely with Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CBDO, to assist with providing low and moderate income homebuyers.
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CBDO, shall provide infrastructure activities to assist with reducing the costs of
the single family construction projects in the Downtown Affordable Housing Target Area in Port
Arthur for low and moderate income person/families. Tender Loving Care Center for Children
d/b/a Legacy Community Development Corporation, CBDO, will insure qualified buyers are
aware of and have been transferred complete ownership to the new construction homes.
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CBDO, shall utilize the CDBG Program funds for eligible CBDO activities.
The CBDO shall ensure the homebuyer will be required to maintain the property as their primary
residence for the applicable period of affordability as identified in the Community Development
Block Grant Regulations 24 Code of Federal Regulations Part 570 and the HOME Investment
Partnership Program 24 Code of Federal Regulations, being ten (10) years for the purchase of
new construction homes, or the City will recapture all the CDBG funds invested as identified in
the Community Development Block Grant Regulations 24 Code of Federal Regulations Part 570
and per the Administrative Requirements in 24 Code of Federal Regulations Part 85.36 and
85.37.
It is further understood that any costs above the contract amount incurred by the Tender Loving
Care Center for Children d/b/a Legacy Community Development Corporation, CBDO, for these
activities shall be paid for with private or other funds.
All costs delineated are subject to Federal Statutes, Code of Federal Regulations and HUD
Guidelines as to CBDO activities and shall not exceed said guidelines, and any provisions of
fees in excess thereof are void.
Prior to the implementation of the infrastructure projects, the location of the homes to be
constructed, the written certification of eligibility of the buyers, all financing, lien documents and
all house plans shall be reviewed and approved by the City of Port Arthur. Furthermore, all
homes shall have a ten (10) year builders warranty on the foundation, two (2) year warranty on
the mechanics and two (2) year warranty on the workmanship. The necessary precautions
including retainages and applicable bonds will be obtained from CBDOs as to ensure
performance and avoid liens.
The CBDO shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit "A", the Budget, hereinafter called Exhibit "B" and all
requirements, policies and procedures of the CDBG Program and the City of Port Arthur.
EXHIBIT B
Budget
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CBDO,
Infrastructure activities in the Downtown Affordable Housing Target Area $320,000.00
Grand Total shall not exceed $320,000.00
EXHIBIT C
Project Implementation Schedule
Tender Loving Care Center for Children d/b/a Legacy Community
Development Corporation, CBDO,
CONTRACT START DATE: CONTRACT ENDING DATE:
October 1, 2018 September 30, 2019
CDBG Buyer Activities 1 2 3 4 5 6 7 8 9 10 11 12
Identify Participants
Evaluate CBDO Barriers
Case Management
Access Conventional
Mortgage Resources
Pre & Post Purchase
Counseling
Acquire, Rehabilitation,
Site Clearance, Site
Development,
Construction Activities -
Completion of
Construction and
Closing on homes to
transfer title/ownership
to the Eligible
homebuyer (Venue:
Title Company;
Participants: Bank or
Mortgage Company,
CBDO & homebuyer) gill
EXHIBIT D
The Applicable Laws and Regulations
CBDO shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by CBDO under this contract including but not limited
to the laws, and regulations specified in Section I through IV of this Exhibit D.
I. CIVIL RIGHTS
The Fair Housing Act (42U.S.C. 3601-20) and implementing regulations at 24 CFR part
10; Executive Order 11063, as amended by Executive Order 11063, as amended by Executive
Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3CFR, 1980 Comp., p. 307) (Equal
Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on Federally Assisted Programs)
and implementing regulations issued at 24 CFR, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or 24
CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24 CFR
107.60;
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations t 24 CFR, Part 146, and the
prohibitions against discrimination against handicapped individuals under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp., p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 41 CFR, Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with HUD's
responsibilities under these Orders, each applicant must make efforts to encourage the use of
minority and women's business enterprises in connection with CDBG funded activities. Each
CBDO must prescribe procedures acceptable to the State to establish activities to ensure the
inclusion, to the maximum extent possible, of minorities and women, and entities owned by
minorities and women. The CBDO will be required to identify contracts which have been bid by
minority owned, women owned, and/or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.); Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination Based on Handicap
in Federally-Assisted Programs and Activities of the Department of Housing and Urban
development", 24 CFR, Part 8. By signing this contract, CBDO understands and agrees that the
activities funded herein shall be operated in accordance with 24 CFR, Part 8; and the
Architectural Barriers Act of 1968 (42 U.S.C., Section 4151 et. seq.), including the use of a
telecommunications device for deaf persons (TDDs) or equally effective communication
system.
II. LEAD-BASED PAINT
24 CFR 570.355 Lead-based paint. Housing assisted with CDBG funds is subject to the
Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821-4846), the Residential Lead-Based
Paint Hazard Reduction Act of 19570 (42 U.S.C. 4851-4856), and implementing regulations at
part 35, subparts A, B, J, K, M and R of this title.
Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831).
III. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) and 40 CFR Parts
1500-1508;
The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as amended;
particularly Section 106 (16 U.S.C. Sec. 4700;
Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 Fed. Reg. 85701), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3 (16
U.S.C. Sec. 469a-1), as amended by the archeological; and Historic Preservation Act of 1974;
Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended,
particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec. 4106(a);
Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951),
particularly Section 2(and);
Executive Order 11990 Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961),
particularly Section 2 and 5;
The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et seq.) as amended,
particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d);
The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), and (21 U.S.C.
Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec. 300h-303(e);
The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended,
particularly Section 7 (16 U.S.C. Sec. 1536));
The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as amended,
particularly Section 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c));
The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Section 176(c)
and (d) (42 U.S.C. Sec. 7506(c) and (d));
Farmlands Protection and Policy Act of 1981, (7 U.S.C. Sec. 4201 et. seq.) 24 CFR Part
51, Environmental Criteria and Standards.
IV. ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C., Sec. 4601 et. seq.), 49 CFR Part 24, and 24 CFR Section 570.49a (55 Fed. Reg. 29309
(July 18, 1990).
EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a member of congress, an officer or employee of congress, or an employee of a
member of congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit standard form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all CBDOs shall certify and
disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $100,000
for each such failure.
Signed:
Vivian L. Ballou, Executive Director DATE
EXHIBIT "F"
City of Port Arthur, Texas
Housing Assistance Programs
TEXAS MINIMUM CONSTRUCTION SPECIFICATIONS
1.0 OVERVIEW
The purpose of the Texas Minimum Construction Specifications is to ensure that all applicants who
receive new or rehabilitation construction housing through programs funded by the Community
Development Block Grant (CDBG and CDBG Investment Partnerships Program(CDBG Program) and
Neighborhood Stabilization Program(NSP) live in housing which is safe, decent and affordable.
Furthermore,the Texas Minimum Construction Specifications should ensure the investment of public and
private funds as it is designed to lengthen the term of affordability and preserve habitability.
However,the City of Port Arthur has the specifications for IRC 2012, IPC 2012,NEC 2011,IECC 2012
and IFC 2012, IMC 2012, ADA 2012 and all such associated codes that shall be complied with in
producing. In addition,the most current specifications,codes,ordinances,regulations and standards will
be enforced.
As applicable,there will be 2 elevation reports required. (1)At the beginning to determine the base flood
elevation and(2) a final elevation report that shows that the residence is at the proper BFE and that all
machinery and equipment are at least 1 ft above the BFE. This is a FEMA requirement that the City of Port
Arthur must have with each location for their audit when asked for.
2.0 DEFINITIONS AND ACRONYMS
1. Certificate of Final Inspection -known as Certificate of Occupancy.
2. Final Inspection - the last inspection to clear project [release].
3. Electrical - all electrical equipment must be UL listed equipment.
4. Hardware- all hardware must be in operating condition. New keys must be turned
over to homeowner when work is completed.
5. CBDO—Community Based Development Organization of the U.S. Department of
Housing and Urban Development.
6. CDBG—Community Development Block Grant of the U.S. Department of Housing and
Urban Development.
7. HOME Program -the HOME Investment Partnerships Program of the U.S.
Department of Housing and Urban Development.
8. NSP—Neighborhood Stabilization Program of the Texas Department of Housing and
Community Affairs.
9. IRC—International Residential Code: see all associated codes.
10. Notice to Proceed - formal instruction from Contract Administrator or designer.
11. Plumbing-plumbing equipment must be UL listed equipment.
12. Scope of Work- description of City intent or purpose of work.
13. TDHCA - an acronym for Texas Department of Housing and Community Affairs.
14. TMCSS - an acronym for Texas Minimum Construction Standards and Specifications.
14. Work Covered - all new and remodeled construction work in the "work write-up" and
plans.
3.0 THE CONTRACTING PROCESS (for Rehabilitation Projects only)
Substitutions can be used with the approval of the Port Arthur Building Official—UL Listed. The
technology must be updated and the substituted material must be of the same strength.
A month before bids are opened and surveys are completed,Invitation to Bid,Bid Opening,and Contract
Awards are considered.
Bidder must provide the Contract Administrator with the following within 10 days or soon after the
contract is awarded:
1. A list of subcontractors who are licensed and insured with the State of Texas.
2. Certificates of Insurance from the issuing company showing current coverage stipulated in the
contract documents.The Certificate of Insurance must also include a statement to that effect that a
thirty(30)day notice of cancellation of insurance must be given to the Contract Administrator with
the following:
a. General liability with completed operational coverage of at least one hundred
thousand dollars ($100,000). Plumbing — Minimum $300,000 — Electrical -
$900,000 - HVAC - As required by State regulations and in compliance with the
scope of work.
b. Vehicle liability insurance(full coverage).
c. Statutory Workman's compensation.
Notice to Proceed - The CBDO/Contractor will begin work within ten(10) days of the issuance of the
Notice to Proceed (unless otherwise stipulated).
The number of work days must be set out in the contract.
If work is not finalized by the City Inspector or flaws are observed(48 hours to correct)upon completion
of the work and acceptance by the Contract Administrator and the CDBGowner; the Certificate of Final
Inspection and verification is issued and the Warranty Period begins.
Thirty(30)days after the issuance of the Final Inspection and verification,all retainage,"money or forms
of payment towards completion fees of inspection", is released to the Contractor,except in cases where it
is determined that the retainage should not be released.
4.0 _ COMPENSATION
Payments are made when the project reaches 40%,70%,and 100%upon completion of inspections and at
thirty(30) days after the Final Inspection and verification is issued.
All requests for payments will be made as follows:
The Contractor will submit in writing to the Contract Administrator,a list of items,their costs, and a sum
of the item costs for work to be paid. This will be based on completed items only from the schedule of
values submitted by the Contractor prior to construction, or the Itemization of Bid Form if no schedule is
submitted.
The Contract Administrator will inspect such work as soon as possible (usually within one (1) business
day)from receipt of such request by the Contractor.
The Contract Administrator will provide a completed Progress Payment form for signature to the
CBDO/Contractor for work for which payment is authorized.
The Contract Administrator will then request the CDBGowner to execute the Progress Payment form.
The Contract Administrator will normally pay the Contractor within ten(10)calendar days from the date of
the owner's signature. Payment will be issued based on the Contract Administrator's Financial
Department's pay day schedule.
All work must be done by licensed,insured contractors and accomplished with care and in a workmanlike
manner.
All materials must be new(unless otherwise specified in the Project manual) and of a good quality.
Product Submittals-contractor must provide samples to the CDBGbuyer for selection for all materials as
cited in the individual specifications and provide reasonable time to the CDBGbuyer to make selections.
CBDO/Contractor must provide written submittal with the CDBGbuyer's signature of approval to the
Contract.
Administrator.Items to be submitted for approval:paint,flooring materials,brick,shingles,color of vinyl
siding,counter tops, appliances or any other item which can be selected according to style,color or other
factor but not affecting the price or quality of such item.
5.0 PROJECT CLOSE-OUT
Remove all construction debris from the site daily. Clean and mop all resilient floors. Clean all new and
existing paint from other finished surfaces including window glass and mirrors.
Operating Items:Leave all newly installed items in operating condition,light,gas,water heater pilots,and
gas heater pilots, all systems should be ready to start
Preparation of Structure: Prepare structure for CDBGbuyer's occupancy.
Utilities: Use existing or provide at Contractor's expense if existing is insufficient. CDBGowner must
provide all existing utilities as is and must be responsible for continuous maintenance and payment of
existing utilities. CBDO/Contractor will be responsible to determine utility needs to provide adequate
sanitary facility and to safely operate equipment at all times on site.
Unforeseen damage or Change in Scope of Work: Discovery of defective elements made known to the
CBDO/Contractor before or during the construction process must be brought to the immediate attention of
the Contract Administrator in writing. When repairs are made,the repairs must reasonably match the
surrounding materials in original design and dimension as approved by the Contract Administrator.
Where additional work is necessary to make repairs or to correct unforeseen dangerous conditions,the
CBDO/Contractor must submit to the Contract Administrator a work write-up of the work, cost of such
work, and the time necessary for such work. Unless it is determined there exists an immediate
health and safety danger,NO WORK MUST BE AUTHORIZED until agreed upon in writing by the
CDBGbuyer,CBDO/Contractor,and Contract Administrator. Compensation for additional work will be
negotiated in the following manner:
1. The deletion of work proposed, but not started; or if that is not possible;
2. An increase to the dollar amount of the contract,however,approval of such increase require
the CDBGowner,contractor,Contract Administrator,and Federal CDBG program written
approval.
3. Additional work - no other work must be done to the project other than the work agreed
upon in writing by the CDBGowner,Contract Administrator and contractor or as necessary
to remove immediate health and safety dangers during the construction phase.
6.0 THE JOB SITE
At the job site the CBDO/Contractor must obtain and display all permits and inspection tags as required by
the local Inspection Department.
The CBDO/Contractor must use the site and its facilities only for the construction stipulated in the"work
write-up". The electrical, sanitary waste, water, and gas systems must be used only for construction
purposes and during the construction phase or during warranty work.
Any discrepancy in the contract documents must immediately be brought to the attention of the Contract
Administrator.
All CBDOs/Dontractors must display signage upon vehicles as state law requires.
All contractors must be licensed and insured with the City of Port Arthur,and in line with State Boards of
Licensure and Contracts.
7.0 SITE WORK
7.1 Materials:
All on-site"fill"material must be soil or soil rock mixture which is free of organic matter or other
deleterious substances. It must contain no rocks or lumps over 6 inches in greatest dimension, and not
more than 15%must be larger than 3 ft 9 inches in greatest dimension.
Imported"fill"material-must conform to 2.1 but must have a maximum particle size of 2 inches in
greatest dimension.
Fill must have a plasticity index(PI)of 12 or better unless placed under a foundation in which case the PI
should be 2. (The plasticity index (PI) is a measure of the plasticity of a soil.)
7.2 Methods:
Exterior: The site must remain in a clean and neat condition at all times and at the end of the project must
be cleared of all material, trash, and debris. Planting of grass must not be permitted until all clean-up is
complete.
Demolition:Debris and structures must be removed completely from premises and site must be leveled and
clean so as to prevent the ponding of water.
Excavating: Excavate to grade specified in the drawings. Where excavations are not shown in drawings,
excavate as required form installation. Depressions resulting from removal of site obstructions must be
filled as necessary to level site to original or specified grade with minimum of 60/40 mixture of sand.
Sub-grade preparation: Clearing, scarifying, and re-compaction must be completed as specified, if not
specified it must be completed as required for installation.
Structural fill must be compacted to 98% and in line with shop drawings.
Paved areas must have a minimum of 6 inches of"fill" compacted to 90%.
8.0 CONCRETE:
8.1 Materials:
All concrete must have minimal-28 day compression strength of 3500 psi with a maximum slump of 6
inches.
All reinforcing steel must comply with ASTM designation A 615 Grade 40,and must be clean and free of
rust.
All welded steel wire fabric must comply with ASTM designation A 185.
Concrete must not be placed over grass, roots, or foreign materials.
All Portland cement must comply with the requirements of ASTM C150, CSA A-5, or AASHTO M85.
Cement used at or below grade must comply with the requirements of Type 1.
Cement used above grade must comply with Type 1.
"Fill" dirt must be clean, compacted, and free of harmful materials.
All materials used for concrete forms must be sound and clean and must be removed after the concrete
reaches final set. Voids and honeycombed surfaces must be filled with cement grout.
All concrete is to be poured when the temperature is at forty degrees Fahrenheit(40 F)or above and rising.
If the surface temperature is over ninety degrees Fahrenheit(90 F) steps to cool the surface such as
watering will be taken as required
8.2 Methods:
Piers and Pads
• Piers must be solid, monolithic, reinforced concrete with minimum dimensions of 8 inches x 8
inches x(d+4 inches).(d=distance from bottom of sill to existing ground surface-minimum of 12
inches). If pier is placed on pad, minimum dimension must be 8 inches x 8 inches x d. Termite
shields are required, 8 inches x 8 inches x 16 inches hollow concrete with gauge 14 strap wind
storm approved. Seal empty cells with concrete 3500 psi.
• Pads must be monolithic concrete pad, 16 inches x 16 inches x 4 inches. They must be set on firm
prepared soil below existing ground surface,24 inches x 24 inches x 8 inches,minimum of 1 inch
below natural ground; must be secured to the blocking with minimum 3# rebar. Termite shields
required.
• All piers must have termite pans.
Steps
• All steps must have treads,minimum of 10 inches and a maximum rise of 7 inches.They must span
full width of door opening or they must be minimum 36 inches wide at porches.
• Pre-cast steps must be standard size with no defects. They must be set level with concrete bases
under each corner. When set,the rise from the top step to the wearing surface must be the same as
the rise for the steps or be in the wearing surface plane.
• Hollow poured steps must be formed and poured over an 8 inch x 16 inch footer. Wall thickness
must be minimum of 4 inches. The treads must be broom finished.
• See attachment on stairs, patios, decks, for flood prone areas. (FEMA Requirement)
Slab on Grade
• All concrete slabs must be poured monolithically and be a minimum of 4 inches thick.Reinforcing
must be 6 inches X 6 inches,#6 Welded wire fabric unless otherwise specified.Top of slab poured
on existing grade must be a minimum of 1/2 inch above surrounding soil level.All slab designs and
executions must concur with the requirements of the International Residential Code 2012.
• Before concrete is poured,a slab inspection must be requested from the Contract Administrator and
then must pass inspection.All slabs and driveways must meet Contract Administrator codes and be
inspected.
• Walks must be poured monolithic to expansion joints. Reinforcing must be 6 inch x 6 inch, # 10
welded wire fabrics. Width must be a minimum of 36 inches wide with a broom finish. Control
joints must be spaced the width of the walk. Expansion joints must be spaced at a maximum of 20
ft. at all radius points, elevation changes (i.e. steps,porches, etc.) and at back of curb. Expansion
joint material can be 1/2 inch asphalt impregnated material or 1/2 inch redwood. Slab thickness
must be a minimum of 4 inches.
• Driveways must be monolithic poured slab with a broom finish and a minimum thickness of 4
inches;Reinforcing must be 6 inch x 6 inch# 10 welded wire fabrics. The slab will be poured on a
2 inch sand cushion(compacted).Expansion joints will be spaced a maximum of 20 linear feet not
to exceed 30 sq. yards in one block. Expansion joints will be used at all radius points, sidewalk
intersections, and house slab tie-ins. Expansion joint materials can be 1/2 inch , asphalt
impregnated material or 1/2 inch redwood.
• Exterior beams must have a minimum width at top of beam of 18 inches,and may taper down to 14
inches at the bottom. Exterior beams to have a minimum of 4,#5 (5/8 inch)rebar's,two(2)at the
top and two (2) at the bottom, set on 3/8 inch stirrups or#6 wire mesh cut to fit. Exterior beam
must extend a minimum of 6 inches into undisturbed soil.Exterior beam must be a minimum of 24
ft. in height.
• Interior beams must be minimum of 18 inches,in height and should have two#4(1/2 inch)rebar's
side by side 6inches, off bottom of beam set in 3/8 inch stirrups or#6 wire mesh cut to fit at 3 ft.
0/C. Interior beams width to be 16 inches in width at top and may taper to 8 inches at bottom. #4
Rebar is to have a minimum lap of 12 inches. #5 Rebar to have a minimum lap of 15 inches.
Interior beam is to extend 3 inches below undisturbed soil.
• All slab and beam specifications listed here must be used unless the Contract Administrator's
Building Code requirements or specifications exceed these specifications. All slab designs and
executions must concur with the requirements of the Southern Building code.
Concrete Porches
• All porches must be poured monolithically over select sand "fill", and cement porches must be
leveled.
• Exterior beams must be a minimum of 12 inches in height with 4,#4 rebar set in 3/8 inch,stirrups
or#6 wire mesh cut to fit at 3 ft. 0/C. Beam width to be a minimum of 14 inches at top and may
taper to 10 inches at bottom. Lower two rebar to be a minimum of 3 inches off bottom. Beam to
extend a minimum of 6 inches below undisturbed soil. Galvanized flashing to be used if wood is to
be in contact with concrete.
• Pour 1 inch below door sill or as noted and slope 1/8 inch per foot to provide drain.
Footings
• Footings must comply with International Code Council (ICC) for size and reinforcement. When
the surrounding soil is not sufficiently strong enough to hold the concrete until final set, forms
must be constructed instead.
9.0 FOUNDATIONS
9.1 General Specifications:
Leveling must be done in such a manner as to be permanent and must be completed before other work
begins.
New posts must be concrete piers or decay resistant,treated wood posts for ground contact,or of a decay
resistant species.
• Allowable spans between piers or posts for a 4 inch x 4 inch sill—5 ft. on center or for a 4 inch x 6
inch, sill 7 ft. on center.
• Cedar posts and shims must be treated to prevent rot and deterioration.
• When leveling, grades must be established from existing concrete porches, fireplaces and
chimneys.
• When leveling is complete, doors,windows, and openings must be reasonably plumb, level, and
fully operational.
• Correct over spans by installing stringers and/or floor joists. Stringers are to be placed on concrete
pads and piers.
• All sills must have 12 inches minimum clearance above the ground when leveling is to be done
unless otherwise specified.
Warranty
Skirting
• Cover indicated area with galvanized weatherboard metal foundation skirting fastened with self
tapping sheet metal screws. Vinyl is required in areas of A or V Flood Zones.
• Skirting must extend 4 inches below and at least 18 inches above grade and be lapped and
fastened under siding on the same horizontal line of the entire wall or side of building.
• Skirting must have ventilation openings a minimum of 4 ft. from each corner, and no less than
every 8 vent openings should be covered by louvered screened vents, and should be a minimum
of 50 square inches.
• Creep-hole Door must be hinged and be constructed of such material to conform with
foundation skirt, and must be of adequate size for entrance into crawl space.(minimum 16 inch
x 24 inch per IRC 2012 R408.4).
• PVC, fabric, mesh, and all other materials shall be to ANASI requirements.
Foundation Drainage
When existing grades or excavations allow water to accumulate under the structure,a drainage ditch must
be dug so water must drain away from the house. Ditch must be located as per individual specification.
Open ditches which constitute a tripping hazard must be replaced with French drains.French drain will be
constructed of 6 inch perforated PVC drain field line and installed in a ditch at least 12 inches in depth and
8 inches wide. The ditch will be back filled with P gravel and the drain line protected with fabric mesh.
The drain line must be placed at least 2 inches above the bottom of the ditch and centered to allow gravel
to surround it.Discharge must be a minimum of 10 ft.from the closest edge of the structure and at least 10
inches below the grade level of the structure. Whenever possible, foundation drainage problems will be
corrected through regarding, filling,compacting and planting of surrounding area. French Drains are not
allowed in Port Arthur, only American drains.
• Drainage is not allowed to drain on to someone else's property.
10.0 MASONRY
10.1 Materials:
1. Portland Cement: ASTM C150. Typel
2. Masonry Cement: ASTM C 91
3. Aggregate: ASTM C 144
4. Brick: Facing brick ASTM C 216-71, grade MW, type FBS
10.2 Methods:
Do not install cracked,broken, or chipped masonry units.
Lay masonry units plumb,true to line and with level courses accurately spaced within allowable tolerances.
Adjust masonry units into final position while mortar is soft and plastic.
Lay masonry units with full mortar coverage on horizontal and vertical joints.
Provide weep holes in head joints in first course and immediately above all flashing.Maximum spacing is
33 inches.
Attach masonry veneer to backing with metal veneer ties. Use at least one tie per 4 square feet of veneer.
Brick ties 16 inches o-c required, requires inspection.
Dry brush masonry surface after each days work. Scrub with acceptable cleaning agent.
11.0 WOOD AND PLASTICS
11.1 Materials:
All lumber must be identified by the appropriate grade stamp.
All new or replaced wood in contact with concrete, earth, or within 12 inches of ground level must be
pressure treated or wolmanized lumber, or lumber with natural resistance to decay.
Bridging must be#2 yellow pine or fir, graded and stamped as such. (fir in non-load bearing areas only)
12.0 ROUGH CARPENTRY
12.1 Methods:
All lumber must be fastened as detailed in IRC 602 and all Tables of the International Residential Code
(IRC) 2012.
All framing must be constructed to comply with the International Residential Code (IRC) 2006, and
any local ordinances and specifications provided. Framing must also be 120-130 mph wind speed and
wind storm protection.
13.0 FLOOR FRAMING
• Minimum allowable spans for floor joists are:
Size Spacing Max. Span
2in X 6 to 16 to oc 9F-r11 in
2in X 6 in 24 in OC 8FT8 in
2in X6in 16 in OC 13FT1in
2in X 6 in 24 i°oc 1 1 FT 5 in
• All new or replaced floor joists must be supported at their extreme ends by either a 2 inch x 4 inch
ledger or metal joint hanger. Toe nailing only will not be acceptable. Splicing of floor must be
properly reinforced (bridging). Ledger must be the nominal size as the joists its supports and lag
bolted to the structure.
• Remove deteriorated floor joints and replace with new joints of same dimensions.
• All sub-floor must be 1 inch,nominal dimension or not less than 5/8 inch,exterior grade plywood
(with 15 pound felt paper moisture barrier)joined over a joist or solid bridging except when using
end match lumber.
14.0 WALL FRAMING
Studs must be spaced a maximum of 16 inches, on center with double top plates and single bottom
plate. Double studs must be provided on each side of openings exceeding 3 ft. width and triple studs
where greater than 6 ft. .
All windows, doors, and arched openings must have double headers 2 x 6 minimum. Where the
openings are less than 6 ft. width, the header must be supported by one cripple stud at each end. If the
span exceeds 6 ft.then it must be supported at each end by two cripple studs. (headers must have 1/2
inch spacers).
• Maximum-allowable span for double headers are as follows:
Size Span
in X 4 in FT in
2 (not allowed by IRC) 2 6
2in X6in 6FT0in
tin X 8 in 8FT 0 in
• Unless plywood(4 ft.X 8 ft.X '''A inch,CDX)grade sheathing,or other approved materials is used
for bracing,new corner posts on exterior wooden walls must be diagonally braced with a 1 inch x 4
inch x No. #2 grade lumber let in at each corner from the bottom to the top plate or galvanized
metal corner brace. Entire exterior wall is required to be sheathed.
• To repair walls,use lumber of such dimension as will allow the finished surfaces on both sides of
the wall to be smooth and continuous.
• Posts for porch framing must be SPF 4 inch x 4 inch wolmanized lumber,or as specified in project
specifications. Wind storm approved fasteners are required at top and bottom of post.
15.0 ROOF FRAMING
Sufficient bracing must be installed to remove and prevent reoccurrence of swag, and to maintain a true
and even plane.
Collar beams must be installed on upper 1/3 of rafter pairs,and ridge board must be placed on every 3 pairs
of rafters.
Purlins must be installed perpendicular to rafters to allow bracing to load bearing walls and to remove
and/or prevent reoccurrence of swag.
Load bearing wall rafter supports must be installed along purlins to even roof rafters to one another in such
a manner as to provide the decked roof surface to be in a true and even plane.
Ceiling joist strong-backs must be installed to support existing 2 inch x 6 inch ceiling joists. The strong-
back must be a minimum 2 inch x 6 inch fastened to 2 inch x 4 inch. Unit is to be set and fastened along
middle of joist span and ends must be fastened at top plate of nearest wall.
• Maximum allowable spans for ceiling joists must be as follows:
Size Spacing Max. Span
2th x 6'n 16 in o.c. 14FT 4"
2`n X 6'n 24 in o.c. 11 FT 10 in
2'" x 8 i 16`n O.C. 18FT9in
2in X 8 m 24 ' o.c. 15FT 4 in
2`n x 101° 16'° O.C. 22FT 2»
2rn x 101n 24 in o.c. 18FT l'°
• Ceiling joists must be continuous or may be joined together over a partition to provide a continuous
tie across the structure.
• All damaged or deteriorated rafters and all connecting boards must be removed entirely and
splicing must not be permitted.
• Barge rafters must be installed on every gabled roof(to be same size as rafters).
• When rafter tails are to be replaced,they must be cut back flush with exterior siding. New rafter
tails must be scabbed on 2 ft. on existing rafter and of same dimension as existing.
• When a ridge board is required,it must be a minimum of 1 inch thickness and not less than 1 inch
in depth than the cut end of the rafter it joins(one size larger than rafters to be used). Ridge board
must be 2x8 minimum, lx is not allowed by International Residential Code (IRC) 2006.
• New decking must be 1/2 inch,CDX grade plywood or 5/8 inch OSB using spacing clips for rafting
spacing up to 24 inches o.c. allowing at least 1/ 8 inch clearance between seams.
• Repair decking must match existing decking in dimension and design, except if design was
substandard or flawed(damaged).
• All roof overhangs must be a minimum of 12 inches extending horizontally out from house wall,to
a maximum of 18 inches.
• Engineer-designed trusses may be used in lieu of conventional framing.
• 2 inch x 4 inch bracing must be cut into last two rafters and nailed to barge rafters(4 ft.per gable).
16.0 MILLWORK, CABINETS AND TRIM
16.1 Materials:
Trim materials must be of select grade of white pine or equivalent.Cabinet plywood must be of A grade or
equivalent(paint or stain grade as per specifications). Pine or fir plywood is not permitted for cabinets.
Finger jointed material must not be allowed on surfaces to be varnished.
Cabinets:
• Face frames must be made of 3/4 inch A grade birch,oak or ash plywood. End panels and bottoms
must be 1/2 inch,plywood. Cabinet backs and tops must be 3/8 inch,medium density board(no
particle board)with filled bull nosed edge.
• All Doors must be 3/4 inch A Grade birch,oak or ash plywood,trimmed with lip mold and in line
with ADA regulations.
• Drawer fronts must be same as doors. Sides, panels, and bottoms must be of 3/8 inch plywood.
• Factory built cabinets must have plywood or solid wood fronts. Particle board is not permitted.
Cabinet hardware must include the following:
1. Drawer suspension must be self-aligning three (3)points nylon roller suspension.
2. Drawer and cabinet pulls must be antique brass finished or wooden and properly fitted for ease of
use.
Countertops:
• Countertop must be light colored roll front, roll back, preformed, granite countertop, or as per
project specifications. CBDO/Contractor is to provide CDBGbuyers with a minimum of three
selections.
• Finished work must be finished smooth,non absorbable and easily cleanable,free from machine or
tool marks, abrasions, raised grain, etc., on exposed surfaces, and must be machine sanded and
hand dressed to a smooth finish.
• All molded members and trim must be mitered or coped at corners.
• All measurements and dimensions must be verified by the contractor at the job.
• Nails must be countersunk and filled.
• Cabinets must be set level.
• All joints must have countersunk nailing and glue.
• Factory built wood cabinets must be installed as per plans and specifications or as factory specs
dictate.
• Countertop must be light colored roll front,roll back,preformed, laminated countertop,or as per
project specifications. CBDO/Contractor is to provide CDBGbuyers with three selections.
Interior Trim:
• Door trim must be H trim with mitered corners and installed with a 1/8 inch reveal, or specified
trim.
• Window trim must be SPF lumber. Window stools must have mitered bull nosed front end.
• Coiling trim, where needed, must be 1-1/4 inch cove mold with mitered joints and corners.
• Baseboard and shoe mold baseboard must either be a base mold,or where adjoining existing base,
SPF lumber.
• Shoe mold must be required in every room where sheet vinyl or hard wood flooring exists or is
installed.
• Wall trim must be used where paneling butts corner or where a wall is in two different planes.
Wall trim for paneling must be stain grade inside or outside corners. For all others use materials as
necessary.
17.0 EXTERIOR SIDING AND TRIM
17.1 Materials:
Exterior sheathing must be one of the following:
1. Wood boards or sheathing panels 5/8 inch thick (no plywood).
2. Hardboard over studs 16 inches or 24 inches on center,5/8 inch thick.
3. Hardboard over existing siding 3/8 inch, thick.
4. Cement board Lap Siding on studs 16 inches, on center.
If siding is not replaced, it must be:
1. Wood siding not less than 5/8 inch unless installed over sheathing. All siding must be"C"grade or
better, free from loose knots and splits.
2. Plywood must be of exterior grade and must have thickness of 5/8 inch.
3. Matching existing as required.
All siding replacement must be of conforming pattern,type,and color. If unable to match,entire structure
must be painted to make color uniform.
Exterior trim must be preservative, treated, wolmanized lumber where contact with water is likely.
Otherwise lumber used must be#2 yellow pine.
Building face brick must be of gas fired solid clay shale units. Structural clay tile,concrete masonry units,
and stone must comply with FHA specifications, Section 703.
All fasteners must be non-corrosive nails.
All new exterior siding must be completed with material of like quality over 15#felt paper. Repair of trim
must be done with "C" grade material.
Repair of siding must be done with material of like quality over 15# felt paper. Repair of trim must be
done with "C" grade material.
17.2 Methods:
Trim must be complete with no pieces missing. Repaired siding must be laced into existing siding.
Vinyl Siding must be installed per manufacture's specifications.
Trim must be complete with no pieces missing. Repaired siding must be laced into existing siding.
When new siding is placed over existing,the existing siding must fully cover the wall to supply an even
surface for application of new siding. Fasteners must be long enough to penetrate into the existing
structural members at least 1/2 inch. A moisture barrier(building felt paper)must be used directly under
new siding.
New siding—If panel siding is used all joints and panels must fall on center of framing members. For lap
siding start application by fastening a wood starter strip(3/8 inch x 3/8 inch)along bottom edge of the Sill.
Level and install first piece of siding so that bottom edge is at least 1/8 inch, below the starter strip.
Fasteners must be 3/4 inch up from the drip edge of the siding. Butt edges must occur only at stud
locations. Minimum overlap of course must be 1 inch. No siding may be placed closer than 6 inches to the
exposed earth.
Roof trim:
• Fascia must be installed on wood band nailed to rafter tails and must be wider than the cut of the
rafter.
• Soffitt must be 1/4 inch all grade exterior plywood installed to rafter(when specified).
• Frieze board must be installed at top plate of wall and extend to decking of roof and fit tightly
between rafters (no gaps).
Posts and handrails:
• Columns must be a minimum 4 inch x 4 inch dimension and be treated lumber.
• Handrails must be wolmanized treated lumber.
• Porches must be constructed of treated lumber and porch flooring must be made of 4 inch x 4 inch
wolmanized or treated lumber, rough cedar, or#2 yellow pine, with corrosive resistant nails.
• Exterior door and window trim must be wolmanized treated lumber rough cedar or#2 yellow pine:
with corrosive resistant nails.Gaps must be only large enough so that caulking will be sufficient to
fill.
18.0 INSULATION
Must be in line with ICC 2012, IBC 2012, and IRC 2012.
18.1 Materials:
Exterior wall insulation:provide foil or paper faced glass fiber batts having a thermal resistance "R"value
of at least R-13.Defaced wall insulation is strongly suggested.
Blown insulation is acceptable but should have proper fire retardant and be placed above and below fire
blocking.
Ceiling insulation: provide foil or paper faced glass fiber batts having a thermal resistance"R"value of at
least R-30.
R factors must be the following:
• Ceiling: R-30
• Wall: R-19
• Floor: R-13
18.2 Methods:
Install all insulation according to manufacturer's instructions unless otherwise specified.
19.0 ROOFING
19.1 Materials:
Install minimum 220 pound equivalent fiberglass seal tab Class A fiberglass composition shingle:(30 year
warranty)according to manufacturer's directions. CDBGowner is to choose one color from three choices
(to be light colors only).
Fiberglass shingles have class A label.
Asphalt shingles should have a Class C label.
Felt should be 30 lb. 36 inches wide.
19.2 Methods:
All roofing must be applied in accordance with the International Residential Code 2012.Unless otherwise
specified, all old roof covering, whether composition, wood, or built up, must be removed prior to
installation of new roof.
All defective, rotten, or missing sheathing, overhangs, rafter ends, and fascia must be replaced.
There must not be any voids or obstructions in the sheathing, and knotholes must be covered with sheet
metal.
All roofing must be done in accordance with the manufacturer's recommendations,and installed in such a
manner to prevent any leaks.
20.0 DEMOLITION
Demolition of existing roofing must be done quickly to allow replacement before an inclement weather
condition develops.Precautions must be taken to protect the existing house from water-damage at all time.
All torn off material must be heaped in piles and hauled away immediately.
All nails from the tear off and replacement must be picked up immediately.
21.0 COMPOSITION ROOFING
Attached with felt nails in 15# felt paper overlapping rows 4 inches.
Metal Roofing:
• Metal roofing must be installed using a starter strip on barge rafters and indicated sections must be
roofed with 5 "V"crimp metal roofing and FHA type metal drip edge.
• Fasteners must be lead head nails.
Built-up Roofing:
• For built-up roofs,nail one ply of 30#felt. MOP two plies of 15#felt. Apply hot mopped tar and
gravel,properly spaced to create a uniform and durable roof.
Flashing:
• All flashing and valley material must be standard grade 26 (zinc coated G90).
• Valley tin must be"V"trough valley flashing(minimum 24 inches wide corrosion-resistant metal).
• Galvanized or aluminum turbine vent, minimum of two.
• All old valley flashing must be removed.
• Shingles may be trimmed to allow 4 inches trough or may be laced over flashing.
• All flashing must be installed only after all felt paper is in place.
• Gables and eaves must have galvanized drip edge.
• When the rake of a roof abuts a vertical wall, stepped metal flashing must be applied over the end
of each course of shingles.
• All pipes projecting through the roof must have metal stack flashing or neoprene rings.
Areas in Flood Plain:
• Areas in flood plain when elevated shall be accounted for as part of bid package and other eligible
drainage shall be assumed at this point, as construction of property does not interfere with
surrounding land or structures.
22.0 DOORS
22.1 Materials:
All newly installed exterior doors must be 1-3/4 inch, solid core units. They must be drilled for a lockset
and deadbolt. Minimum of one 36 inch door.
All interior doors must be hollow core mahogany with a minimum thickness of 1-3/8 inch and must be
cored for a lockset. Bedroom doors shall be minimum 32 inches.
Storm doors must be of extruded construction with a minimum thickness of 1 inch x 2 inch fluted stiles,a
2-1/2 inch wide extruded aluminum solid push bar, heavy duty kick plate, furnished with 18/16 inch
aluminum mesh wire. It must be equipped with a pneumatic closer,a catch latch,and hung on a matching
factory built frame.
Wooden screen doors must be of select preservative treated Western Ponderosa Fine, with dowel joint
construction and furnished with 18/16 inch mesh aluminum screen wire,minimum thickness 1-1/8 inch.
Pre-hung units must have a frame made of 3/4 inch material with a properly plowed jamb to receive 1-3/4
inch or 1- 3/8 inch doors. A pre-hung unit must be equipped with the door panel,jamb, and all trim.
22.2 Methods:
Exterior Doors:
• Pre-hung exterior doors must be installed plumb and level. Door panel must not be trimmed or
manipulated in any fashion and must swing free and easy.
• When a panel is to be inserted into an existing frame, the door opening must be level and made
capable of holding the new door. Recommended clearance from the door edge to the jamb is 3/16
inch. The door must not be trimmed or manipulated in any fashion and must swing free and easy.
• Weather proofing of bottom to prevent energy loss and pests. Peep holes shall be in accordance
with ICC or IRC in use. If missed,windows on either side of door shall be installed.
Interior Doors:
• Pre-hung units must be installed plumb and level to insure proper operation. Bottom of the door
may be cut off to allow proper ventilation and operation.
• When a panel is to be inserted into an existing frame, the door opening must be level and made
capable of holding the new door. Recommended clearance from the door to jamb is 3/16 in. The
panel must be cut off to allow proper ventilation and operation.
• Bi-folding or louvered bi-folding doors must be used where specified.They must have four panels
and have pulls attached to the outside two. They must be installed plumb and must fit evenly and
snug between butted panels.
• Pre-hung wooden doors vented a minimum of 100 square inches,top and bottom,must be used on
gas water heater closet door openings. Door must be installed plumb and level for proper
operation.
• Must be in line with ICC, IRC, and IBC.
• Weather proofing of bottom to prevent energy loss and pests. Peep holes shall be in accordance
with ICC or IRC in use. If missed, windows on either side of door shall be installed.
Storm Doors:
• If mounting surface is rotten or in any manner deteriorated, it must be replaced.
• Storm doors must be installed with screw fasteners and must be caulked and well fitted.
Screen Doors:
• Wooden screen doors must be installed level and be closely fitted to insure protection from rodent
and insect infiltration. If the mounting surface is rotten or deteriorated, it must be replaced.
• Aluminum screen doors must comply with the specifications for storm doors, by Contractor
Administrator's request.
Door Repair:
• Entrance doors must have 1-1/2 inch pair of door butts, weather strip threshold (made of rolled
vinyl with aluminum channel backing).
• Any damaged or missing parts must be replaced.
• All make-shift door frames must be replaced(fill in all holes at doors to be neat and permanent).
• All doors must fit and work properly.
23.0 WINDOWS
All windows are required to be Low-E type, High Impact per IRC 301.2.1.2 and IRC R 613.7 or Low-E
type windows with Shutter System consisting of minimum''Y2"thick treated plywood and each window and
plywood must be numbered and kept on site at all times in case of storm.
23.1 Materials:
Wooden replacement units must be constructed of"S"or"T" stiles,check rail,or plain rail. Material must
be preservative treated Western Ponderosa Pine Minimum thickness of 1-3/8 inch.
Aluminum units must be constructed of heavy gauge extruded aluminum sections (min. thickness .062).
Exposed surfaces of all aluminum must be extruded of first class material with no serious defects or
blemishes. All joints must be neatly fitted, secure, and water tight. Windows must have standard screens
over movable part of window.
Aluminum screens must be removable. Screen frames must be minimum 3/8 inch x .020 gauge wire with
8-8x16 inch mesh aluminum screen wire. Vinyl spline must be used to hold wire in screen frame.
Wood screens must be made of 3/4 inch material; header and sides must be a minimum of 2 inches in
width;base must be 3 inches wide and must be properly doweled at joints;and screen wire must be 18 inch
x 14 inch mesh.
23.2 Methods:
Repairs:
• Re-screening must be done with 18 inch x 14 inch, mesh aluminum screen wire. Replace screen
molding with new matching molding.
• Repair window with#1 material leaving no defect in frame,sill,sash,sash locks,balances,weather
stripping, hardware, aluminum screen, etc. Re-glazing surfaces must be properly prepared by
removal of all cracked or otherwise unsound glazing material. Proper holding devices must be
installed.New glazing compounds must be of good grade and applied according to manufacturer's
specifications. Type of glazing compound must conform to usage.
New Windows — Energy Code Rep 2012 IECC CODE:
• If new windows are to be installed,the installation area must be cut and the window installed on the
same day. Leaving the site secure and the window in operating and locking condition at the end of
the day.
• All interior and exterior gaps,joints,or mating surfaces must be caulked to prevent air infiltration.
• Windows must be installed plumb and level to ensure proper operation with no "sticking".
Storm Windows:
• Storm windows must be attached to the existing window frame or trim. If mounting surface is
deteriorated, rotted, or of inferior quality, it must be replaced. Storm windows must enhance
weatherization. At no time will storm windows be installed to rectify air leakage or other
deterioration of existing window. Standard shall be in accordance with ICC and IRC warranty item.
• Installation must not interfere with the operation of the existing window and the storm window
must be caulked to insure protection from water and air infiltration.
24.0 HARDWARE
24.1 Materials:
Door locksets must meet industry standards. Entrance locksets must all be keyed alike with deadbolts.
Deadbolts must be installed on front and rear entry doors,and must lx finished in antique brass. All brands
must be approved by the Contract Administrator.
Interior Doors-All bathroom and bedroom doors must have privacy. All other doors must have passage
locksets.
25.0 WALLBOARD
25.1 Materials:
Gypsum board must conform to Fed. Spec. SS-L-30 type III, class I style 3 and must have been tapered
joint gypsum board(thickness 1/2 inch on walls and ceilings). 5/8 inch grade X wall board will be used for
fire-retardant requirements. Moisture resistant "green board" will be used in wet locations such as
bathrooms.
Paneling must be smooth without blemish 1/4 inch thick and finished according to individual
specifications.
Perforated tape mix installation must comply with the recommendations of the manufacturer.
Temperature must be 55 degrees Fahrenheit or above in the area it is being applied until the cement is
completely dry.
25.2 Methods:
Gypsum Board — Ceiling:
• Fasteners must be spaced as follows:
Spacing Size Type of Nails
7 o.c. 1/4 i❑ 1 1/4 in flathead
6 o.c 5/8 in 1 7/8 in
flathead
• Nails must be driven with their heads perpendicular to the face of the board and seated below
the surface of the board without breaking the paper(screws must comply with the same above).
• The board must be cut to fit with tapered sides butting and ends butting. Where possible end
joints must be staggered.
Gypsum Board — Wall:
• Fasteners must be spaced as follows:
Spacing Type of Nails
1/2 in 8 in. o.c. 1 1/4 in
flathead
i/a in 8 in o.c. 1 7/8 in
flathead
5/8 in 7 in o.c. 1 7/8 in
flathead
• Nails must be driven with their shanks perpendicular to the face of the board and seated below
the surface of the board without breaking the paper.
• The board must be cut to fit with tapered edges butting and ends butting, where possible joints
must be staggered.
• Screws shall be type S or W and be sufficiently long to penetrate wood framing not less than
3/8 inch(IR 702.3.6).
26.0 PANELING
Nails must be matching color paneling nails with screw head or annular thread shank or finish nail set and
puttied. Length of nail must provide at least 1/2 inch penetration into wood support. Space nails at least
12 inches on center. Minimum 1/4 inch thick paneling secured with panel adhesive must be used when
stud spacing is greater than 16 inches on center.
There must be solid backing for all edges. Paneling must be installed level with no gaps between sheets
and where it meets the ceiling and floor. Other wall gaps are allowed only as wide as the trim must cover.
Drywall Repair:
• Must be accomplished with the patched gypsum board of the see dimension as the original board to
leave the patched area in plane with the surrounding drywall finish. Tape, float,and texture are to
match existing wall finish.
Tape and Float:
• Over joints, the tape must be embedded in cement and covered with a thin layer of cement. A
second and third coat must be applied with each coat feathered and extended beyond the previous
coat by 2 inches. The finish coat must be sanded lightly and any imperfections filled in prior to any
painting or decorating.
• Cover nails with three(3)applications of cement allowing time to dry between each coat. The final
coat must be sanded lightly before application of paint or other decoration.
• Inside corners must be reinforced with tape embedded in cement,finish as specified"over joints."
• Outside corners must be protected by wood molding, metal molding, or metal corner bead
reinforcement. Metal corner reinforcement must be finished as specified "over joints" with two
coats of cement.
• Texturing Ceilings must be stomped and dragged. Walls must be lightly textured, for repairs
texture should match existing.
27.0 FLOORING
Bathroom underlayment must be 5/8 inch CDX exterior grade plywood over a 30 pound felt paper vapor '
barrier.
All other floors must have 5/8 inch,plywood installed with vapor barrier as in bathroom; floors must be
smooth and even throughout structures.
If hardwood flooring is to be installed sub-flooring must be 5/8 inch CDX plywood.
Vinyl Asbestos tile must be 12 inch x 12 inch x square and 1/8 inch thickness homogenous type as
approved by the Contract Administrator.
Sheet vinyl must be of 12 millimeters. Floors in bath and kitchen must have waterproofed cover.
CDBGowner must choose from one of three choices provided by contractor.
Carpeting must be of durable quality nylon fabric with jute backing and meet or exceed current FHA
specifications, and must be a 24-28 oz. face weight carpet with continuous nylon filament.
27.1 Methods:
Repairs:
All damaged portions of sub-floor must be removed and new flooring of same type applied,subject to the
absence of mold or other environmental hazards.
All floors with damaged sheet covering must have the entire flooring in that room replaced when specified
to be repaired. Tile floors may be patched if tile matching quality and appearance is available, otherwise,
all tile must be replaced.
Moisture barrier shall be adequately treated.
Vinyl Floor Covering:
• Floors to receive vinyl must have all foreign material removed from surfaces and all holes must be
filled. Nails must be countersunk.
• Installation must be done with manufacturer's suggested adhesive. No joints must be permitted.
The vinyl must be fitted with no gaps showing at walls,door openings,or trim. Full cover must be
achieved. At doors or other areas of joining, metal strips must be installed to protect floor
covering.
Carpet:
• Sub-floor must be free from holes and foreign material. Nails must be countersunk.
• Installation must be accomplished using tack strips and carpet must be stretched and then attached
to tack strips.
• Carpet must be installed on 3/8 inch composition pad. (F H A Standard)
28.0 PAINTING
28.1 Materials:
All paints must be new, sealed in their original container and carry a manufacturer's warranty.
Exterior paint must carry a quality of no less than a 15 year warranty.
Interior paint for walls, ceiling, and trim must carry a quality of no less than a 10 year warranty.
Caulk to be minimum 20 year warrant acrylic latex.
28.2 Methods:
All work must be done by skilled mechanics and must be uniform in appearance, of approved color,
smooth and free from runs, sags, skips, and defective brushing.
Paint must be well mixed,not settled,badly caked,or thickened in container. It must be readily broken up
with a paddle to a smooth consistency and have easy brushing properties.
Paint must be readily mixed.
Installation rate must be no higher than the manufacturer's suggested rate of coverage.All paint materials
must be delivered in original unopened containers, with labels and tag intact.
Paint must be allowed to dry hard between coats,as per manufacturer's recommendation. Full coverage is
required.
When color,wood grain,stain,or undercoat show through the final coat of paint,the work must be covered
by additional coats until the paint is uniform in color and appearance and coverage is completed.
Make edges of paint adjoining other materials or colors sharp and clean without overlapping.
All cracks and joints must be completely sealed with caulking compound (both interior and exterior).
Caulking compound must be delivered to the job in manufacturer's unopened containers.
Hardware, accessories, and fixtures must be removed and protected during painting and replaced
afterwards.
All work must be protected from damage by use of drop cloths.
Spray painting is allowed only where indicated by individual specifications.
At completion of all construction of the job,all damaged surfaces must be touched up and left in first class
condition.
CBDO must provide color samples for the CDBGbuyer's approval.
NOTE: LEAD BASE PAINT MUST NOT BE USED.
Exterior Painting:
• Exterior painting must be performed when weather conditions are acceptable as recommended by
the manufacturer. Back prime unpainted wood with one coat of primer, and paint with mildew
retardant. Nail holes, splits,or scratches must be puttied,caulked or spackled smooth after prime
coat. Knots and pitch streaks must be spot primed with a quality stain killer. Wood surfaces must
have smooth finished surface when painted.
Interior painting:
• Walls and ceiling stained by water must be treated with a quality stain killer prior to painting. At
no time will latex paint be used to cover oil base paint. All trim and wood must receive two coats
of semi-gloss oil base enamel paint.
Porch and Floor Enamel:
• Paint shall be sensibly chosen based on resistance and interior and exterior sections of the porch.
All surfaces must be cured, dry and cleaned free of conditions that would adversely affect the
performance of the coating. Prime according to product specifications.
29.0 MECHANICAL
29.1 General Specifications:
All plumbing installations must conform to the current IPC, ICC, and IFC.
When house is to be raised or lowered, temporary connections must be provided to have continuous
operation of all systems by the CDBGowner. Any interruption of service must not exceed 28 hours.
CDBGowner must be notified at least 24 hours prior to expected interruption, and must be notified when
system is once again operational. Gas systems shall be checked by licensed plumber and a report must be
provided to the COPA inspectors.
Relocate house lines to new or relocated fixtures. Install new venting to new fixture locations. All lines
must be located in wall cavities and under foundation. Include roof jacks and flashing where necessary.
If lines can be repaired they must be repaired as needed to be in good operating condition and free of
defects.
Required inspections of work will be done and must be done by licensed, bonded contractors.
29.2 Materials:
Fixtures:
• New Kitchen sink must be new stainless steel 6" deep double basin, 30 inches self rim unit
installed in kitchen to include strainers/drain plugs,water and waste line corrections. Rim must be
sealed to countertop with standard sealer(i.e. plumbers putty, dap sealer, etc). Water lines must
have cut off valves at sink. Faucets must be a washer less, cartridge type, single lever unit unless
otherwise specified. Unit must be chrome plated brass.
• New lavatory-cast iron porcelain enamel unit. Mount securely to wall frame located as per plans.
Faucet must be washer less, chrome plated brass dual control unit with water, DWV, and cut off
valves. Vanity unit,when specified,must have monolithic sink and top of resin cast marble,base
must be wood veneer on front and sides.
• New or replaced Tub Unit-install new white enameled steel tub unit as per plans.To include new
trap overflow and drain with stop valve, and water and waste connections. Valve must be washer
less and high quality chrome plated brass unit with dual control,jewel handles. Install plumbing
access.
• New or replaced Shower Tub Unit-install new white fiberglass shower/tub unit as per plans. To
include new rap overflow and drain with stop valve and water connections.Valve must be washer
less and high quality chrome plated brass unit with dual control,jewel handles.
• New or replaced Water Closet-install new white round bowl vitreous china low-flow type unit as
per plans. To have new tank gaskets, flow valve assembly,handles,mountings, lid and seat, and
water and waste water line connections. Water line must have cut off valves.
Bathroom hardware must include the following:
1. Two chrome towel bars 18 inches long
2. Chrome toilet tissue holder
3. Chrome toothbrush and tumbler holder
4. Recessed wall mounted mirrored medicine cabinet
5. Lavatory wall, centered over lavatory
6. Shower unit panel kit must be ABS plastic unit sealed with matching color silicone caulk
7. Chrome shower curtain rod
New or replaced dryer venting must be ducted through the exterior wall or through roof. All openings must
be rodent, weather proof, and maximum length per IMC 2012.
New or replaced Washer Connections-must be recessed mount box in wall with DWV and water faucets.
Relocate or connect machine to operate properly as per plans.
New or replaced Hose Bibs-must be installed at locations on plans. Exterior hose bibs must be the frost-
proof type. Install frost-proof hose bib vacuum breaker on all exterior hose bibs.
Gas Appliances:
• Wall Furnace - Must be U.L. listed wall furnace. It must include all connections, piping, and
fittings. Furnace must be thermostatically controlled, high efficiency, forced air, automatic fan
control unit. BTU output and number of units must be determined in the individual specifications.
Unit must have gas shutoff located adjacent to the unit operable. The unit must be installed by a
licensed HVAC contractor.Resolution check will be required before permit is issued and required.
• Install new water heater to be 30 gallon high efficiency,gas fired automatic tank type heater located
as per plans. Unit must include all new venting and connections. Gas outlet and cut off must be
located at front of water heater closet. Fresh air inlets are required at top and bottom to allow
combustion air to vent from the outside. Installation must be according to IRC,ICC,IFC,and IPC.
Piping:
• New or replaced Drain, waste, and vent lines must be standard weight galvanized steel pipe with
cast iron drainage fittings, or standard weight cast iron soil pipe and fittings or schedule 40
polyvinyl chloride pipe and fittings. All piping passing through the roof must be properly flashed.
Must have clean-out located at exterior of house.
• New or replaced Water lines must be type "L" copper, located inside wall cavities. After
installation they must be pressure tested with 125 psi for 30 minutes prior to coverage.A dielectric
fitting is required between piping of dissimilar metals. All water lines above ground and not inside
an insulated wall cavity or ceiling/attic space will be freeze protected with 1/2 inch fiberglass
insulation or 1/2 inch armor flex, sealed at all joints.
• All existing gas piping is to be tested with 6 lb. mercury column. Any leaks will be reported
immediately to Contract Administrator.
• All year service lines (water, sewer and gas)must have a minimum of 12 inches of ground cover.
• Permits are responsibility of all parties.
30.0 ELECTRICAL
30.1 General Specifications:
All new electrical installations must conform to the National Electrical Code most recently adopted and
city ordinance.
Plans must be considered as recommended layout;however,the National Electrical Code must be the rule
in all instances.
New or replaced mast, meter loop, and breaker panel as per plans and work-write ups. Plans must be
reviewed and approved by Inspections Department.
All fixtures must be U.L. approved. GFCI protection needed per NEC and within 6 feet of water,exterior
and garage must be in place at socket per water source.
All wiring must be fished in wall cavities. Any surface mounted wiring must be in smooth EMT conduit or
wire mold securely mounted.
All wiring to washer and dryer capable of handling equipment power capacity. (HINT-with rehab panel
boxes capacity shall be equal to or greater than compatible equipment and/or machines.)
30.2 Materials:
Fixtures:
• HINT: With rehabilitation, panel boxes capacity shall be equal to or greater than compatible
equipment/machines.
• Smoke and CO Detector -For all new construction and rehabilitation of multi-family properties:
110 volt U.L. listed smoke alarm unit with battery backup installed according to State of Texas
property code, IRC 2012 and manufacturer's recommendation at location(s) specified on project
specifications. Also at least one carbon monoxide detector must be installed if natural gas or other
combustible is used as fuel source.
• Smoke and CO Detector-For Rehabilitation of owner occupied housing: battery operated smoke
detectors and at least one carbon monoxide detector must be installed to provide adequate coverage
for the entire household.
• Bathroom ceiling heater must be forced fan unit. Install as per plans and manufacturer's
recommendations.
• Bath Exhaust Fan must be U.L. approved and installed to meet all applicable local codes, and
vented to outside.
• Newly installed Range Hood must be U.L. listed and vented through the roof.
• Service Entrance must be a minimum 100 amp, 120/240v service as per plans.
• GFCI's will be installed at any outlet that is within six feet of a water source measured at the
shortest distance; exterior and garages. Such devices will be properly grounded and tested for
proper function.
• AFCI's for bedrooms will be required.
31.0 MISCELLANEOUS
Property must have one year policy with initial and three(3)quarterly return treatments for ants,roaches,
silverfish and rodents if required.
Property must have a one-time treatment for termite control. Both exterminations must be performed by a
licensed and bonded company and must have a one year written warranty or guarantee delivered to the
CDBGowner through the Contract Administrator. A one-time fee for treatment must be made for the
initial treatments and the three quarterly treatments, if required.
This process shall be coordinated with the leveling or foundation repair personnel or contractor.
Attic Access:
• Must be located as per plans. Dimensions must be listed on plans. Scuttle hole cover must be 5/8
inch plywood with a smooth finish. T rim must be H trim with mitered joints. Paint o match other
trim in house. Cover must have insulation bat cut to fit on top of it. Scuttle hole must be a
minimum of 22x30 or large enough to get largest piece of equipment out of attic.
• Gravel Walks and drives must be made of washed gravel 3/8 inch diameter minimum. Gravel must
be 4 inches thick minimum over a well graded and compacted soil. Gravel must be contained by 2
inch x 12 inch treated lumber (note: distance from ground level to top of board not less than 2
inches).
Gutters, Dow spouts, and Splash blocks:
• Gutters and downspouts must be galvanized metal or aluminum properly hung.
• A directional fitting must be installed to divert water away from the house.
• A concrete splash block must be placed under each down spout.
Cleanup:
• Interior - daily cleanup is required so the space can remain inhabitable. Upon completion all
materials, dirt, and debris must be removed and the entire house must be left in a broom clean
condition. Bathroom and kitchen surfaces must be made sanitary. (Note: all paint and decals on
windows must be removed.)
• Trash in all drainage ditches,and yard must be cleaned up every day. Citations will be issued to the
contractor for all violations.
Landscaping:
• Upon final cleanup and removal of all materials and debris,yard must be hydro-mulched. sodded
with St. Augustine, or as specified in individual work write-up.
Texas Accessibility Standards (TAS)
• All sections reference Texas Accessibility Standards (TAS), Rules and Regulations as per HUD
requirements.
Available Resources for Compliance
www.license.state.tx.us/ab/abtas.htm www.energycodes.gov/rescheck/
www.gbci.org/ www.sos.state.tx.us/tac/index.shtml
www.hud.gov/offices/hsg/omhar/paes/greenini.cfin
www.hud.gov/offices/cpd/affordablehousing/training/web/energy/help/green.cfm
www.legis.state.tx.us www.license.state.tx.us www.SAM.gov