HomeMy WebLinkAboutPR 20447: CONTRACT WITH PARAMOUNT DESIGN & DEVELOPMENT INTEROFFICE MEMORANDUM
HOUSING ASSISTANCE PROGRAMS
To: Harvey Robinson, Interim City Manager
From: Beverly Freeman, Director of Housing and Neighborhood Revitalization
Date: September 13, 2018
Re: P.R. 20447
Nature of Request:
The Housing Division recommends City Council adopt Proposed Resolution No. 20447 authorizing the
City Manager to execute a contract between the City and Paramount Design and Development for the
reconstruction of three (3) houses in the total amount of $400,000 which includes a $15,000.00
contingency. Said contingency funds cannot be expended without prior express authorization of the
City Council.
Staff Analysis/Considerations:
The Department of Housing and Urban Development (HUD) annually awards Community Development
Block Grant (CDBG) and HOME Partnership Investment (HOME) funds to the City for the primary
benefit of low and moderate income persons/families. The City is obligated to provide owner-occupied
rehabilitation/reconstruction assistance to homeowners with unmet housing needs who are at 80% or
below the Area Median Income, to eliminate health and safety hazards, preserve and improve the
community's housing stock.
The City advertised in the Port Arthur News on August 1 & August 8, 2018. Three (3) bids were
received on August 22, 2018 for the reconstruction of three (3) houses for low and moderate income
persons/families at the locations listed below. The bids were evaluated by the Purchasing and
Housing Division.
Paramount Design DRC Construction, LLB Construction,
ADDRESS and Development, Beaumont, TX LLC
Beaumont, TX Port Arthur, TX
3300 Woodrow Drive $130,385.82 $150,000.00 $138,864.00
2701 10th Street $128,800.82 $150,000.00 $135,864.00
2913 58th Street $125,813.36 $150,000.00 $135,864.00
TOTALS $385,000.00 $450,000.00 $410,592.00
Contingency $15,000.00 $15,000.00 $15,000.00
GRAND TOTALS $400,000.00 $465,000.00 $425,592.00
Days to complete 90 120 120
The City of Port Arthur acts as an indirect agent pursuant to the CDBG and HOME Program
Guidelines.
Budget Consideration:
Funds are available in account numbers 108-2141-626-59-00, project numbers HE1602, HE1702 and
105-1431-552.59-00, project numbers C43115, C43117 and C43151.
RECOMMENDATION:
The Housing Division recommends City Council adopt Proposed Resolution No. 20447 authorizing the
City Manager to execute a contract between the City and Paramount Design and Development for the
reconstruction of three (3) homes in the total amount of $400,000 which includes a $15,000
contingency. Said contingency funds cannot be expended without prior express authorization of the
City Council.
P. R. No. 20447
Date: 9/13/18 BF/DF
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY AND PARAMONT DESIGN AND
DEVELOPMENT OF BEAUMONT, TX FOR THE RECONSTRUCTION OF
THREE (3) HOUSES IN THE AMOUNT OF $400,000, WHICH INCLUDES
A $15,000.00 CONTINGENCY. FUNDS ARE AVAILABLE IN ACCOUNT
NUMBERS 108-2141-626.59-00 (HOME), PROJECT NUMBERS HE1602,
HE1702 AND 105-1431-552.59-00 (CDBG) PROJECT NUMBERS
C43115, C43117 AND C43151.
WHEREAS, the U.S. Department of Housing and Urban Development annually awards
Community Development Block Grant (CDBG) Program and HOME Investment Partnership (HOP"E)
Program funds to the City of Port Arthur for the primary benefit of low and moderate income
persons/families in accordance with 24 Code of Federal Regulations Part 92 and Part 570; and,
WHEREAS, the City Council, by its adoption of Resolution Number 18-205 (authorizing
submission of the 2018 Action Plan) has obligated itself to provide owner occupied rehabilitation and
reconstruction housing assistance to low and moderate income persons/families; and,
WHEREAS, the City advertised in the Port Arthur News on August 1 & August 8, 2018
for the reconstruction of three (3) houses located at 3300 Woodrow, 2701 10th Street, 2913 58th
Street; and
WHEREAS, three (3) bids were received and opened on Wednesday, August 22, 2018,
and have been evaluated by the Purchasing and the Housing Division. The bid tabulation is attached
hereto as Exhibit "A"; and,
WHEREAS, it is deemed in the best interest of the City of Port Arthur to authorize the
City Manager to execute a contract between the City and Paramount Design and Development,
Beaumont, Texas for the reconstruction of three (3) houses in the amount of $400,000.00 in
substantially the same form as attached hereto as Exhibit "B; and,
WHEREAS, each homeowner will sign the contract authorizing the work to be
performed by Paramount Design and Development, Beaumont, Texas, on their property.
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 the City Council hereby authorizes the City Manager to execute a
contract between the City and Paramount Design and Development, Beaumont, Texas for the
reconstruction of three (3) houses in the amount of $400,000.00 (which includes a $15,000
contingency), in substantially the same form as attached hereto as Exhibit "B". Said contingency
funds cannot be expended without prior express authorization of the City Council.
Section 3. 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 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 FOR FORM:
VAL TIZENO CITYAl 1,ORNE Y
APPROVED FOR ADMINISTRATION:
HARVEY ROBINSON,
INTERIM CITY MANAGER
RON BURTON, ASSISTANT CITY MANAGER,
DIRECTOR OF DEVELOPMENT SERVICES
`A -Qi\fai\D.
BEVERLY FREEMAN, DIRECTOR OF
HOUSING & NEIGHBORHOOD REVITALIZATION
APPROVED-FOR AVAILABILITY OF FUNDS:
,r+�.
ANDRE ASQUEZ/F NANCE DIRECTOR/
tzif
CLIFTO WILLIAMS, CPPB,
PURCHASING MANAGER
EXHIBIT "A"
CITY OF PORT ARTHUR TEXAS
Bid Tabulation
Reconstruction of Three House
Bid Opening Date:August 22,2018
Paramount Design&Development DRC Construction LLB Construction,LLC
Item# Description Cost Cost Cost
1 3300 Woodrow $130,385.82 S150,000.00 $138,864.00
2 2701 10th Street $128,800.82 $150,000.00 $135,864.00
3 2913 581h Street $125,813.36 $150,000.00 $138,864.00
Contingency 15,000.00 15,000.00 15,000.00
Total $400,00.00 $465,000.00 $425,592.00
Days to Complete for each home 90 120 120
Location Beaumont,TX Beaumont,TX Port Arthur,TX
Acknowledge Addendums 1 1 1
Bid Bond YES YES YES
Ategeor
n r t Y I r
_rRth
Yolanda scypioh Gor-r�fear�x 8/22/18 — ._..-
Yolanda Scypion-Goudeaux,Purchasing Assistant Date
160(
111 ILL
CONTRACT BETWEEN
CITY OF PORT ARTHUR ,
PARAMOUNT DESIGN AND DEVELOPMENT
AND HOMEOWNERS
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 Paramount Design and Development
(hereinafter called "CONTRACTOR") Beaumont, Texas, 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 Department of Housing and Urban Development annually award
HOME 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 CONTRACTOR,
specifically as delineated in the HOME Program Regulations 24 Code Federal Regulations 92 and as
delineated in the Administrative Requirements in 24 Code of Federal Regulations 85.36 and 85.37;
and,
WHEREAS, projects undertaken by the CONTRACTOR 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; and
WHEREAS, the Homeowner of each property authorize the construction of a new home
as evidenced by the execution of their signature to this agreement.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
SECTION 2. CONTRACT PERIOD
A. This contract and agreement shall commence within 10 days from the issuance of a Notice to
Proceed and shall terminate 90 working days per home from the Notice to Proceed start
date, unless otherwise specifically provided by the terms of this contract.
SECTION 3. CONTRACTOR'S PERFORMANCE
A. The CONTRACTOR shall construct three (3) homes as delineated in Section 3B for low and
moderate income persons/families with projected sales prices of $120,000 to $140,000. Said homes
have been previously demolished. This cost is based on the current market. The 2/2 ADA house
plans are 1241 sq. ft. living area. The houses will be completed within one hundred (100) days from
the start date of the Notice to Proceed. The homeowners will be required to maintain the property as
their primary residence for the applicable period of affordability as identified in the HOME Program
Regulations 24 Code of Federal Regulations Part 92.252(e), or the City will recapture all the HOME
funds invested as identified in the HOME Program Regulations 24 CODE OF FEDERAL
REGULATIONS 92 and per the Administrative Requirements in 24 CODE OF FEDERAL
REGULATIONS 85.36 and 85.37.
B. The following homes are authorized for reconstruction:
ADDRESS Cost of Name of Homeowners
Construction
3300 Woodrow Drive $138,385.82 Lena Smith
2701 10th Street $128,800.82 Valeria Thomas
2913 58th Street $125,813.36 Alicia Marshall
TOTAL $385,000.00
Contingency $ 15,000.00
GRAND TOTAL $400,000.00
C. The CONTRACTOR shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the CONTRACTOR in its application for the project
funded under this contract; and with all other terms, provisions, and requirements set forth in this
contract, as identified in the HOME Program Regulations 24 CODE OF FEDERAL REGULATIONS
92 and per the Administrative Requirements in 24 CODE OF FEDERAL REGULATIONS 85.36 and
85.37. It shall be CONTRACTOR's responsibility to furnish its own accounting services including
clerical, statistical, bookkeeping for expenditures made by CONTRACTOR in performance of the
obligations herein.
THE CONTRACTOR SHALL:
A. Contractor agrees to furnish all labor, materials, tools, machinery, qualified supervision and all
other items and services necessary for satisfactory completion of specifications and
agreements contained herein for the site clearance and reconstruction of structures and
cleanup at the two (2) residential properties as applicable.
B. Start the herein specified work within 10 days from the issuance of a Notice to Proceed and
approval of all insurance and bonding requirements as delineated in Sec. "G". The date of
completion is ninety (90) working days per home from the Notice to Proceed start date, time
being of the essence. It is further understood that if the contract is not completed by the
completion date, (or the said date as extended pursuant to provisions of this contract), the
CONTRACTOR shall be assessed liquidated damages of one hundred fifty dollars ($150) per
calendar day for each day the contract is not completed as agreed. All Contractors are
required to have a Landfill Permit, which includes a minimum escrow account of one thousand
dollars ($1,000). If you opt not to set up an escrow account, you must pay as you dispose by
cash or cashier's check.
C. The term "Contract Documents" means and includes the following:
1. Agreement
2. General Information
3. Specifications
4. Addendum(s) if applicable
5. Bid
6. Bid Bond
D. Perform all work in accordance with the terms of this AGREEMENT and the CONSTRUCTION
SPECIFICATIONS attached hereto as Exhibit "F".
E. Be responsible for obtaining all necessary general and special permits and pay any and all
fees for said permits and any other fees, public or private, which may be required by the United
States, the State of Texas, Jefferson County, or the City of Port Arthur, to satisfactorily
complete the work as specified and agreed to herein.
F. Furnish certificates of insurance to the City's Purchasing Agent evidencing that Lhe
CONTRACTOR has obtained Workman's Compensation, Performance Bonds, Payment
Bonds, General Liability and Automobile Liability Insurance, which is required by the CITY for
performance of the work specified here. Minimum amounts of such insurance to be
obtained by the CONTRACTOR are as follows:
1 . Statutory Texas Workman's Compensation Insurance (with waiver of subrogation in favor
of the City, its officers, employees and agents.
2. Commercial General Liability occurrence type insurance (products/ completed operations
coverage must be included and the City and its officers, employees, and agents must be
named as an additional insured).
3. Commercial Automobile Liability (including owned, non-owned, and hired vehicles
coverage).
4. Insurance: All insurance must be written by an insurer licensed to conduct business in the
State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own
expense, purchase, maintain and keep in force insurance that will protect against injury and
/or damages which may arise out of or result from operations under this contract, whether
the operations be by himself or by any subcontractor or by anyone directly indirectly
employed by any of them, or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable, of the following types and limits:
a. Standard Workers Compensation Insurance;
b. Commercial General Liability occurrence type insurance; the City of Port Arthur, its
officers, agents and employees must be named as an additional insured;
i. Bodily injury $500,000 single limit per occurrence of $500,00 each
person/$500,000 per occurrence for contracts of $100,000 or less; or Bodily
injury of $1,000,000 single limit per occurrence or $500,000 each
person/$100,000,000 per occurrence for contracts in excess of $100,000;
and,
ii. Property Damage of $100,000 per occurrence regardless of contract amount;
and,
iii. Minimum aggregate policy year limit of $1 ,000,000 for contracts of $100,000
or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in
excess of $100,000.
5. Commercial Automobile Liability Insurance (including owned, non-owned and hired
vehicles coverage's).
a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and
property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage.
6. Contractor shall cause contractor's insurance company or insurance agent to fill in all
information required (including names of insurance agency, contractor and insurance
companies, and policy numbers, effective dates and expiration dates) and to date and sign
and do all other things necessary to complete and make into valid certificates of insurance
and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates of insurance
with the Owner.
7. None of the provisions in said certificate of insurance should be altered or modified in any
respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE
FORM should contain a provision that coverage afforded under the policies will not be
altered, modified or canceled unless at least fifteen (15) days prior written notice has been
given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid
CERTIFICATE OF INSURANCE on like form or for all Subcontractors and showing the
Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s)
shall in any event be filed with the City of Port Arthur not more than ten (10) days after
execution of this Contract.
G. BID SECURITY AND LIQUIDATED DAMAGES:
1. Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the
amount of the total bid which shall be certified Check or Cashier's check payable without
recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to
conduct business in Texas. Said security shall be submitted with the understanding that it
shall guarantee that the Bidder will not withdraw his hid within thirty (30) days after the date
of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal
Contract with the OWNER. Furnish bonds and insurance as may be required and
commence work at the specified time, and that in the event of the withdrawal of said bid
within said period, or the failure to enter into said Contract, furnish said bonds and
insurance and commence work within the time specified, the Bidder shall be liable to the
OWNER for the difference between the amount specified in the bid in the amount for which
the OWNER may otherwise procure the required work. Checks of all except the three
lowest responsible Bidders will be returned when award is made; when the contract is
executed, the checks of the two remaining unsuccessful bidders will be returned; that of the
successful Bidder be returned when formal Contract bonds and insurance are approved,
and work has commenced within the time specified.
2. The Bidder to whom the award is made shall execute and return the formal Contract with
the OWNER and furnish Performance and Payment Bonds and required Insurance
Documents within ten (10) days after the Notice of Award. Said period will be extended
only upon written presentation to the OWNER within said period, of reasons which the sole
direction of the OWNER justify an extension. If said Contracts, bonds and insurance
Documents are not received by the OWNER within said period r if work has not been
commenced within the time specified, the OWNER may proceed to have the work required
by the Plans and Specifications performed by any means at its command, and the bidder
shall be liable to the CITY for any excess cost to the OWNER over bid amount. Further, the
bid guarantee shall be forfeited to the CITY as liquidated damages and the Bidder shall be
liable to the City for an additional amount of five percent (5%) of the bid amount as
liquidated damages without limitation.
H. PERFORMANCE BOND, PAYMENT BOND, AND INSURANCE REQUIREMENTS
1. Due to the contract price, Performance and Payment bonds are required. Both the
Performance and Payment bonds must be written for the total contract value (100% of the
contract price). Said bonds should be executed by a corporate surety in accordance with the
Texas Insurance Code prior to the commencement of the work. Any Attorney-in-fact that
executes a bond must file with each bond a certified Copy of the Power of Attorney. Said
bonds must be furnished to the Purchasing Agent of the City of Port Arthur prior to the
commencement of work. Additionally, certificated of insurance meeting the above listed
insurance requirements must be submitted to the Purchasing Agent of the City of Port Arthur
prior to the commencement of work.
2. Ensure that competent and qualified supervision is present on the job site at all times while
work is in progress and that all demolition work is pursued in such a manner as to maximize
the safety of all workmen, the general public and surrounding property.
3. Comply with the Civil Rights Act of 1964 and Section, 109 of the Housing and Community
Development Act of 1974, to wit: No person in the United States shall, on the ground of race
color, national origin, or sex be excluded from participation in, be denied the benefits of, or part
with funds made available under this title.
SECTION 4. THE CITY SHALL:
CONSTRUCTION AND CLOSEOUT REQUIREMENTS:
FOR CONSTRUCTION, PAYMENT WILL BE MADE IN THREE (3) PHASES:
A. Inspect the construction work in progress to ensure that such work is being carried out in
accordance with the terms of this AGREEMENT and the HOME Program Regulation per 24
CODE OF FEDERAL REGULATIONS 92 and the CONSTRUCTION SPECIFICATIONS
attached hereto.
B. The City shall compensate the CONTRACTOR and implement CLOSEOUT REQUIREMENTS
as follows: Except as hereinafter provided, payment for the Construction Contract will be
made in progress payments as follows:
1. Payment one will be a minimum of twenty-five percent (25%) of total contract amount if at
least one-fourth (1/4) of the work provided. under this Contract has been completed,
inspected and accepted, less five percent 5% held in retainage.
2. Payment two will be a minimum of twenty-five percent (25%) of total contract amount if at
least one-half(1/2) of the work provided under this Contract has been completed, inspected
and accepted, less five percent 5% held in retainage.
3. Payment three will be a minimum of twenty-five percent (25%) of total contract amount if at
least three-fourths (3/4) of the work provided under this Contract has been completed,
inspected and accepted, less five percent 5% held in retainage.
4. Final retainage payment will be five percent (5%) of each of the progress payment. This
retainage will be held in escrow by the City for a maximum of thirty (30) days after
satisfactory completion, inspection and acceptance of the Contract to guarantee the
completion of work. Thirty (30) days after said completion, inspection and acceptance, final
payment shall be made in a lump sum or total agreed price less the progress payment, if
made, by check issued by the City of Port Arthur and made payable to the CONTRACTOR
for the satisfactory completion, inspection and acceptance of the work, described herein.
NOTE: Any payments are subject to satisfactory intermediate and final inspections by the City.
Furthermore, an applicable request for payment must be made by the CONTRACTOR prior to each
payment, as applicable.
General Conditions:
A. If performance by the CONTRACTOR is prevented or delayed as a direct result of acts of a
public enemy, acts of the property owner, fire, epidemics, or acts of God, such as floods,
earthquakes, hurricanes, tornadoes and rain, an extension of one (1) working day of additional
time will be allowed to the CONTRACTOR for each working day lost from such cause,
provided the CONTRACTOR, within three (3) days after the beginning of such delay, gives
written notice to the City.
B. If for any reason, other than those specified above, the CONTRACTOR at any time fails for a
period of five (5) consecutive working days to supply enough skilled workers or otherwise
neglects to execute the work properly, the CITY, after these five (5) working days may give
written notice to the CONTRACTOR terminating his contract.
C. The CONTRACTOR shall repair or replace, if necessary, to the City's satisfaction, any damage
to the work site, the adjacent areas, the access areas to the work site and to any elements
within these areas that may have suffered damage as a result of the CONTRACTOR'S or any
of the subcontractor's operations. The CONTRACTOR shall leave these areas in a satisfactory
and workmanlike condition, at least equal to that existing before the CONTRACTOR hereunder
started his work.
D. The CONTRACTOR agrees to indemnify and hold harmless the City of Port Arthur, Texas from
any and all claims and damages of any and every kind for injury to or death of any person, and
damages to property arising out of the demolition or reconstruction.
E. Any amendments to this contract shall be written and must be executed by both the CITY and
the CONTRACTOR prior to the implementation of any such change.
F. This CONTRACT and AGREEMENT embodies and represents all of the rights, duties and
obligations of the CITY and the CONTRACTOR and any oral or written agreements prior to the
date first above written, not included or embodied herein shall be declared void and not be
binding or of benefit to any of the parties herein mentioned.
G. This CONTRACT and the rights and obligations contained herein may not be assigned by the
Contractor without the prior written approval of the City.
SECTION 5. PARTICULAR REQUIREMENTS:
A. Other particular work requirements are contained in the DEMOLITION SPECIFICATIONS, if
applicable.
SECTION 6. CITY'S OBLIGATIONS
Measure of Liability
A. In consideration of full and satisfactory performance of the activities referred to in Section 3 of
this contract, City shall be liable for actual and reasonable costs incurred by the
CONTRACTOR during the contract period for performances rendered under this contract by
CONTRACTOR, 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, City shall notify CONTRACTOR in writing within a reasonable time
after such fact is determined. City shall then terminate this contract and will not be liable
for failure to make payments to CONTRACTOR under this contract.
2. City shall not be liable to CONTRACTOR for any costs incurred by CONTRACTOR, or
any portion thereof, which has been paid to CONTRACTOR or is subject to payment to
CONTRACTOR, or has been reimbursed to CONTRACTOR or is subject to
reimbursement to CONTRACTOR by any source other than City or CONTRACTOR.
3. City shall not be liable to CONTRACTOR for any costs incurred by CONTRACTOR or for
any performances rendered by CONTRACTOR which are not allowable costs as set forth
in Section 6 of this contract. City assumes no responsibility to reimburse CONTRACTOR
for any unauthorized expense incurred nor shall CONTRACTOR create any deficit in +!-Ie
name of City nor shall CONTRACTOR assign any payment due from City to any other
party.
4. City shall only disburse funds to CONTRACTOR upon receipt of invoices from suppliers
or contractors or other evidence approved by City's Housing Assistance staff. These
invoices must be in accordance with Exhibit B of this contract.
5. City shall not be liable to CONTRACTOR for any costs incurred by CONTRACTOR for
any performances rendered by CONTRACTOR 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. City shall not be liable for costs incurred or performances rendered by CONTRACTOR
before commencement of this contract or after termination of this contract.
Limit of Liability
A. Notwithstanding any other provision under this contract, the total of all payments
and other obligations incurred by City under this contract shall not exceed the sum of four hundred
thousand and no/100 ($400,000.00) which includes a $15,000.00 contingency for the site
preparation and reconstruction of three (3) homes. Said contingency funds cannot be expended
without prior express authorization of the City Council.
Other Federal Requirements (Subpart H)
A. The City of Port Arthur's affirmative marketing program currently advertises in the local
newspaper, fliers, brochures and seminars hosted by the City of Port Arthur according to
HOME Program Regulations 24 Code of Federal Regulations 92.351
B. The City of Port Arthur advertises for minority and women's businesses in local newspapers
according to Execute Orders 11625, 112432, 12138 and 24 Code of Federal Regulations
85.36 (e).
SECTION 7. DISBURSEMENT OF FUNDS
A. City will reimburse eligible costs incurred under this contract in accordance with the
requirements as delineated in the HOME Program Regulations 24 CODE OF FEDERAL
REGULATIONS 92. CONTRACTOR shall not request disbursement of funds under this
contract until the funds are needed for payment of eligible costs and has all signed
documentation required. The amount of each request must be limited to the amount needed
and properly documented.
B. It is expressly understood and agreed by the parties hereto that payments under this contract
are contingent upon CONTRACTOR'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 CONTRACTOR has been unable to commit funds before the end of this contract
period.
C. 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 8. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND PROGRAM INCOME
A. CONTRACTOR 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.
CONTRACTOR shall provide reports of program income as/if applicable as requested by City
and at the termination of this contract.
B. CONTRACTOR shall be required to provide reports detailing the operation, performance and
the eligible use and flow of HOME funds received by CONTRACTOR.
C. CONTRACTOR must comply with applicable regulations under pursuant to HOME Program
Regulations 24 CODE OF FEDERAL REGULATIONS Part 92.
SECTION 9. RETENTION AND ACCESSIBILITY OF RECORDS
A. CONTRACTOR must establish and maintain sufficient records, as determined by City, to
account for the expenditure and use of HOME funds.
B. CONTRACTOR 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 CONTRACTOR
pertaining to this contract. Such rights to access shall continue as long as the records are
retained by CONTRACTOR. CONTRACTOR agrees to maintain such records in an accessible
location.
C. All records pertinent to this contract shall be retained by CONTRACTOR for five (5) years
following the date of termination of this contract or submission of the final close-out report,
whichever is later.
D. If any litigation, claim or audit is started before the expiration of the five (5) year period and
extends beyond the five (5) year period, the records will be maintained until all litigation, claims
or audit findings involving the records have been resolved.
SECTION 10. REPORTING REQUIREMENTS
A. CONTRACTOR shall submit to City such reports on the operation and performance of this
contract as may be required by City including but not limited to the reports specified in this
Section 8. CONTRACTOR shall provide City with all reports necessary for City's compliance
pursuant to HOME Program Regulations 24 CODE OF FEDERAL REGULATIONS Part 92.
B. In addition to the limitations on liability otherwise specified in this contract, it is expressly
understood and agreed by the parties hereto that if CONTRACTOR fails to submit to City in a
timely and satisfactory manner any report required by this contract, City may, at its sole
discretion, withhold any or all payments otherwise due or requested by CONTRACTOR
hereunder. If City withholds such payments, it shall notify CONTRACTOR in writing of its
decision and the reasons therefore. Payments withheld pursuant to this paragraph may be
held by City until such time as the delinquent obligations for which funds are withheld are
fulfilled by CONTRACTOR.
SECTION 11. MONITORING
A. The City reserves the right to monitor day to day construction operations of activities
performed under this contract to assure compliance with applicable federal requirements :nd
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. CONTRACTOR shall attend a
compliance meeting after the award of funds and prior to the first draw. If the monitoring
reports indicate deficiencies in CONTRACTOR'S performances under the terms of this
contract, the CONTRACTOR shall be required to immediately correct all deficiencies prior to
the release of payment. Failure by CONTRACTOR 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 CONTRACTOR 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 provisions of services.
C. The City has responsibility for overall HOME Program performance and compliance, including
the performance of a CONTRACTOR. Clear record keeping requirements for CONTRACTOR
are essential for grant accountability. Responsibility for maintaining in-house records is
assigned to the CONTRACTOR.
D. The City shall meet all HUD requirements for the HOME Program according to the 24 Code of
Federal Regulations Part 92.
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:
a. On-site inspections and monitoring of construction activities are conducted on a day to
day basis, 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.
b. Written documentation of construction progress, including pictures of all phases of
construction are required.
c. Critical inspections are conducted as follows:
i. Footings, Termite Treatment and Foundations
ii. Framing
iii. Roofing
iv. Plumbing
v. Electrical
vi. Mechanical
vii. Sheet rocking
viii. Painting & Trim
ix. Installation of exterior siding (or brick veneer)
x. Installation of cabinets and flooring
xi. Landscaping
d. Funds are not disbursed until phases of construction are inspected by Certified
Inspectors, authorized representatives from the Development Services Department,
Homeowner, with the CONTRACTOR in attendance.
e. CONTRACTORS and Vendors performance are evaluated and reviewed prior to
execution of agreements and annually.
f. Other inspections are provided as required.
SECTION 12. INDEPENDENT CONTRACTOR
A. It is expressly understood and agreed by the parties hereto that City is contracting with
CONTRACTOR as an Independent Contractor, and that CONTRACTOR, as such, agrees to
hold City harmless and to indemnify 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 CONTRACTOR under this contract. CONTRACTOR shall present proof of
Directors and Officers Insurance.
SECTION 13. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
CONTRACTOR may not subcontract for performances described in this contract without
obtaining City's written approval. CONTRACTOR shall only subcontract for performances
described in this contract to which federal labor standards requirements apply after
CONTRACTOR has submitted a Subcontractor Eligibility Form, as specified by City, for each
proposed subcontract, and CONTRACTOR has obtained City's prior written approval, based
on the information submitted, of CONTRACTOR's intent to enter into such proposed
subcontract. CONTRACTOR, in subcontracting for any performances described in this
contract, expressly understands that in entering into such subcontracts, City is in no way liable
to CONTRACTOR's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
CONTRACTOR obtain City's prior written approval of a subcontractor's eligibility, be construed
as relieving CONTRACTOR 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 CONTRACTOR. City's approval under Section 11
does not constitute adoption, ratification, or acceptance of CONTRACTOR's or subcontractor's
performance hereunder. City maintains the right to insist upon Contractor'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. CONTRACTOR shall comply with all applicable federal, state, and local laws, regulations, and
ordinances for making procurements under this contract.
SECTION 14. 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 HOME assisted
activity, or have an interest in any contract, subcontract, or agreement (or proceeds thereof) with
respect to a HOME assisted activity either for themselves or those with whom they have family or
business ties, during their tenure or for one year thereafter. CONTRACTOR shall ensure compliance
with applicable provisions under 24 CODE OF FEDERAL REGULATIONS 85.36 and OMB Circular
A-110 in the procurement of property and services.
SECTION 15. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. CONTRACTOR 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 HOME 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.
B. 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 CODE OF FEDERAL
REGULATIONS 92.257.
SECTION 16. LEGAL AUTHORITY
A. CONTRACTOR assures and guarantees that CONTRACTOR possesses legal authority to
enter into this contract, receive funds authorized by this contract, and to perform the services
CONTRACTOR has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of CONTRACTOR, or
representing themselves as signing and executing this contract on behalf of CONTRACTOR, do
hereby warrant and guarantee that he, she or they have been duly authorized by CONTRACTOR to
execute this contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to
all terms, performances, and provisions herein set forth.
C. CONTRACTOR 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, City shall have the right to suspend or terminate this
contract if CONTRACTOR is debarred, proposed for debarment, or ineligible from participating in the
HOME Program.
SECTION 17. LITIGATION AND CLAIMS
CONTRACTOR shall give City immediate notice in writing of 1) any action, including any proceeding
before an administrative agency filed against CONTRACTOR in connection with this contract; and 2)
any claim against CONTRACTOR, the cost and expense of which CONTRACTOR may be entitled to
be reimbursed by City. Except as otherwise directed by City, CONTRACTOR shall furnish
immediately to City copies of all pertinent papers received by CONTRACTOR with respect to such
action or claim.
SECTION 18. 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 submission of requests for an amendment hereto in
writing, and must be submitted to Council for approval before any alteration, additions, or deletions to
the terms of this contract can be 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 CONTRACTOR, 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 HOME 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 HOME 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
HOME issuances shall have the effect of qualifying the terms of this contract and shall be binding
upon CONTRACTOR, as if written herein, provided however that said policy directives and any
amendments to the City's HOME 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
CONTRACTOR 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.
D. Additional addendums are forthcoming (and will be provided), as identified and outlined in the
U.S. Department of Housing & Urban Development's regulations and requirements in 24 CODE OF
FEDERAL REGULATIONS 92 for the HOME Program.
SECTION 19. BREACH OF CONTRACT
A. If through any cause, the CONTRACTOR shall fail to fulfil in a timely and proper manner of
obligation under this contract, or if the CONTRACTOR shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate
this contract by giving written notice to the CONTRACTOR of such termination and specifying
the effective date thereof, at least fifteen (15) days before the effective date of such termination
.Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the contract by the CONTRACTOR,
and the City may withhold any payments to the CONTRACTOR for the purpose of set-off until
such time as the exact amount of damages due the City from the CONTRACTOR is
determined .
SECTION 20. SUSPENSION AND TERMINATION
A. In the event CONTRACTOR fails to comply with any terms of this contract, City may, upon
written notification to CONTRACTOR, suspend this contract in whole or in part and withhold
further payments to CONTRACTOR, and prohibit CONTRACTOR 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 CONTRACTOR in
accordance with 24 Code of Federal Regulations Part 85.43 and this Section. In the event
CONTRACTOR 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
CONTRACTOR or take more severe enforcement action against CONTRACTOR.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further HOME Program awards from CONTRACTOR.
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 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
(30) days after the parties agree to terminate. The CONTRACTOR shall not incur any new
obligations once an agreement to terminate is reached and shall cancel all outstanding
obligations. The CONTRACTOR will be reimbursed for expenses incurred to the date of
termination provided grant funds are available.
5. If the Contractor is terminated by the City as provided herein, the CONTRACTOR will
be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the CONTRACTOR, the previous paragraph hereof relative to
termination shall apply.
SECTION 21. AUDIT
A. Unless otherwise directed by City, CONTRACTOR 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:
A. As a part of its audit, CONTRACTOR 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.
CONTRACTOR agrees to permit City or its authorized representative to audit CONTRACTOR's
records and to obtain any documents, materials, or information necessary to facilitate such audit.
C. CONTRACTOR 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. CONTRACTOR
further understands and agrees that reimbursement to City of such disallowed costs shall be paid by
CONTRACTOR from funds which were not provided or otherwise made available to CONTRACTOR
under this contract.
D. CONTRACTOR 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 CONTRACTOR.
E. All approved HOME audit reports shall be made available for public inspection within 30 days
after completion of the audit.
SECTION 22. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. CONTRACTOR understands and agrees that by execution of this contract
CONTRACTOR shall be responsible for providing to City all information, concerning this HOME
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 CODE OF
FEDERAL REGULATIONS, Part 58. In accordance with 24 CODE OF FEDERAL REGULATIONS
58.77(b), CONTRACTOR further understands and agrees that CONTRACTOR 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 23. 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 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 CONTRACTOR is required to comply with
Section 3 requirements. The City of Port Arthur will monitor CONTRACTOR's performance for
compliance with Section 3. CONTRACTOR 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 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of
1974 and OMB Circular A-108 are not applicable.
B. Copeland Anti-Kickback Act: CONTRACTOR 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 May 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 CONTRACTORS and SUBCONTRACTORS
thereto.
SECTION 24. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by CONTRACTOR under this contract until
City has received certification from CONTRACTOR 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. CONTRACTOR agrees that all repayments, including all interest and other return
on the investment of HOME funds will be made to City. City reserves the right to permit
CONTRACTOR to retain interest or return on investment of HOME funds for additional eligible
activities by the CONTRACTOR.
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 revert to City. CONTRACTOR 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
CONTRACTOR for land acquisition under this contract until City has received from CONTRACTOR a
Settlement Statement (HUD 1) indicating the costs associated with the purchase, if applicable.
SECTION 25. 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 CONTRACTOR 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
6. Exhibit F, Construction Specifications
SECTION 26. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County, Texas.
SECTION 27. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
ATTN: Harvey Robinson
Interim City Manager
SECTION 28. 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 29. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
CONTRACTOR 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 CONTRACTOR under this contract. Upon request by City, CONTRACTOR shall
furnish satisfactory proof of its compliance herewith.
APPROVED IN 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.
Contractor
By:
Contractor
SIGNED AND AGREED to on the day of , 2018
HOMEOWNER:
By:
Lena Smith
3300 Woodrow Drive
Port Arthur, Texas 77642
SIGNED AND AGREED to on the day of , 2018.
HOMEOWNER:
By:
Valeria Thomas
2701 10th Street
Port Arthur, Texas 77642
SIGNED AND AGREED to on the day of , 2018.
HOMEOWNER:
By:
Alicia Marshall
2913 58th Street
Port Arthur, Texas 77640
EXHIBIT "A"
PERFORMANCE STATEMENT
CONTRACTOR shall carry out the following activities identified in the Federal HOME Program in 24
Code of Federal Regulations Part 92 and Federal Community Development Block Program in 24 CFR
570 : Paramount Design and Development shall assist in carrying out the mission of the City of
Port Arthur Development Services Department, division of Housing and Neighborhood Revitalization
to eliminate blight, provide decent, safe, sanitary and affordable housing for low and moderate
income persons/families (80% AMI) within the City of Port Arthur with the eligible use HOME and
CDBG Program funds.
In addition, funds are being provided for the construction of three (3) homes for homeowners, costs in
the total amount of$400,000 (which includes a $15,000 contingency) and is being provided as
delineated in Exhibit "B" from Federal HOME and CDBG Programs. Said contingency funds cannot
be expended without prior express authorization of the City Council.
It is further understood that any costs above the contract amount incurred by the Paramount Design
and Development 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 CONTRACTOR activities and shall not exceed said guidelines, as amended and any
provisions of fees in excess thereof are void.
All homes shall have a ten (10) year builders warranty on the foundation, two (2) year warranty on the
mechanics and one (1) year warranty on the workmanship. The necessary precautions including
retainages and applicable bonds will be obtained from contractors as to ensure performance and
avoid liens.
EXHIBIT "B"
BUDGET
Reconstruction Activities (three (3) homes)
3300 Woodrow Drive $ 130,385.82 2 bedrooms/2 baths
2701 10th Street $ 128,800.82 2 bedrooms/2 baths
2913 58th Street $ 125,813.36 2 bedrooms/2 baths
Total $ 385,000.00
Contingency $ 15,000.00
Grand Total Amount shall not exceed -- $400,000.00 (which includes a $15,000 contingency)
EXHIBIT "C"
Project Implementation Schedule
Contractors Name
CONTRACT START DATE: September 7, 2018
CONTRACT ENDING DATE: December 6, 2018
Home Owner Activities Month 1 Month 2 Month 3 Final Days
90 calendar days (10 remaining)
Site Preparation
Construction Activities
EXHIBIT "D"
The Applicable Laws and Regulations
CONTRACTOR shall comply with all federal, state, and local laws and regulations applicable
to the activities and performances rendered by CONTRACTOR 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 CODE
OF FEDERAL REGULATIONS part 10; Executive Order 11063, as amended by Executive
Order 11063, as amended by Executive Order 12259 (3 CODE OF FEDERAL
REGULATIONS, 1958-1963 Comp., 652 and 3CODE OF FEDERAL REGULATIONS, 1980
Comp., p. 307) (Equal Opportunity in Housing and implementing regulations at 24 CODE OF
FEDERAL REGULATIONS, 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 CODE OF FEDERAL REGULATIONS, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CODE OF
FEDERAL REGULATIONS part 107, "Nondiscrimination and Equal Opportunity in Housing
under Executive order 11063 or 24 CODE OF FEDERAL REGULATIONS, Part 107 shall be
a proper basis for the imposition of sanctions specified in 24 CODE OF FEDERAL
REGULATIONS 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 CODE OF
FEDERAL REGULATIONS, 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 CODE OF FEDERAL REGULATIONS, Part 8;
The requirements of Executive Orders 1246 (3 CODE OF FEDERAL REGULATIONS
1964-65, Comp., p. 339) (Equal Employment Opportunity) and the implementing regulations
issued at 41 CODE OF FEDERAL REGULATIONS, 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 HOME
funded activities. Each Contractor 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 Contractor/Subcontractor 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 CODE OF FEDERAL REGULATIONS, Part 8. By signing this
contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CODE OF FEDERAL REGULATIONS, 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
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 CODE OF FEDERAL REGULATIONS 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 CODE
OF FEDERAL REGULATIONS 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. 470f);
Executive Order 11593, Protection and Enhancement of the Cultural Environment,
May 13, 1971 (36 Fed. Reg. 8921 ), 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 CODE
OF FEDERAL REGULATIONS 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 CODE OF FEDERAL REGULATIONS Part 24, and 24
CODE OF FEDERAL REGULATIONS 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 CONTRACTORs
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: Date:
C ynj 416
% orf rtharlrr
Tisa.
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 HOME Investment Partnerships Program (HOME 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 homeowner funds as it is designed to lengthen the term of affordability and preserve habitability.
However, COPA 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 lft 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. CDBG—Community Development Block Grant of the U.S. Department of Housing
and Urban Development.
6. Home Program-the HOME Investment Partnerships Program of the U.S. Department
of Housing and Urban Development.
7. NSP—Neighborhood Stabilization Program of the Texas Department of Housing and
Community Affairs.
8. IRC - see all associated codes.
9. Notice to Proceed - formal instruction from Contract Administrator or designer.
10. Plumbing -plumbing equipment must be UL listed equipment.
1 1. Scope of Work- description of City intent or purpose of work.
12. TDHCA - an acronym for Texas Department of Housing and Community Affairs.
13. 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 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 homeowner; 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% or 80%, 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
Contractor for work for which payment is authorized.
The Contract Administrator will then request the homeowner 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 Homeowner for selection for all materials
as cited in the individual specifications and provide reasonable time to the homeowner to make
selections. Contractor must provide written submittal with the homeowner'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 homeowner's occupancy.
Utilities: Use existing or provide at Contractor's expense if existing is insufficient. Homeowner must
provide all existing utilities as is and must be responsible for continuous maintenance and payment of
existing utilities. 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
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
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 homeowner,
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 homeowner, contractor, Contract Administrator, and State of Texas HOME
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 homeowner, 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 contractor must obtain and display all permits and inspection tags as required by the
local Inspection Department.
The 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 contractors 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 2500 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 a 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 2006.
• 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 2006 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 day's 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 womanized 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) 2006.
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 in 16 in oc 9FT11 in
21n X 6 in 24 in OC 8FT8 in
2in X6in 16inoc 13FT1in
2in X 6 in 24 in OC 11 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
2in X 4 in(not allowed by IRC) 2 FT 6 in
2in X6in 6FTOin
2in X8in 8FT0in
• Unless plywood (4 ft. X 8 ft. X '/2 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 womanized 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
2'n x 6'n 16" oc 14"T 4"
tin X 6'n 24 in oc. 11"10 m
2`n x 8'n 161' o.c. 18'1.9 in
2in x 8 in 24'n o.C. 15FT4 in
2in x 10 in 16'n o.c. 22"2"
2in X 10 in 24 in O.C. 18F 1'n
• 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 particle board with filled bull nosed edge.
• 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, laminated countertop, or as
per project specifications. Contractor is to provide homeowner 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 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. Contractor is to provide homeowner 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, IBC, and IRC.
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: (20
year warranty) according to manufacturer's directions. Homeowner 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 151b. 36 inches wide.
19.2 Methods:
All roofing must be applied in accordance with the International Residential Code 2006. 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 owner'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
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 2006 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 be 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. ,Ain 1 i 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
1/4 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.
Homeowner 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 than
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.
Contractor must provide color samples for the homeowner'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 homeowner. Any interruption of service must not exceed 28 hours.
Homeowner 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 by work done must be 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 2006.
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 2006 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 homeowner 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/ornhar/paes/greenini.cfm
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