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PR 21872: RECERTIFICATION AND ALLOCATION OF HOME PROGRAM FUNDS TO TENDER LIVING CARE CENTER FOR CHILDREN D/B/A LEGACY CDC
Cih•of 4 i s, nrt rthu � Texas INTEROFFICE MEMORANDUM Department of Development Services Division of Housing and Neighborhood Revitalization Date: March 29, 2021 To: Ron Burton, City Manager Mayor and City Council From: Beverly Freeman, Housing &Neighborhood Revitalization Manager Re: P.R. No. 21872—Recertification and Allocation of HOME Program Funds to Tender Loving Care Center for Children d/b/a Legacy CDC Nature of the request: The Housing Division recommends City Council adopt Proposed Resolution No. 21872, authorizing re- certification of Tender Loving Care Center for Children,(TLCCC)d/b/a Legacy Community Development Corporation, (Legacy CDC) and authorizing the City Manager to execute a contract with Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation of Port Arthur,Texas,in the amount not to exceed$400,000 to acquire/rehabilitate/sell and/or provide new construction and sell three (3)homes in the Downtown Affordable Housing Target Area or City wide. Developer fees in the amount not to exceed$24,000($8,000 per location)is included in the contract amount and will be provided to the CHDO in 50% increments once 50% of the home is complete and the remaining 50%upon closing of a home. The homes will be sold to low and moderate income person/families whose income ranges between 60%up to 80%of the Area Median Income. Down payment and closing costs will be provided at closing of the property to the low/moderate income person/families as a direct benefit to assist with the purchase of the homes. Staff Analysis/Considerations: Among the purposes of the Cranston-Gonzalez National Affordable Housing Act of 1990 (NAHA), as amended,participating jurisdictions are required to(1)promote partnerships with nonprofit organizations, and(2) expand nonprofit organizations' capacity to develop and manage decent and affordable housing. The City of Port Arthur has obligated itself to fulfill the requirements of the Federal HOME Program in allocating a minimum of fifteen percent (15%) of its annual HOME Investment Partnership (HOME) Program funds for eligible Community Housing Development Organization(CHDO)Set-aside activities. To assist in achieving these purposes, participating jurisdictions are encouraged to identify Community Development Corporations that are capable,or can reasonably be expected to become capable of carrying out elements of its housing programs. It is essential that participating jurisdictions build and strengthen partnerships with Community Development Corporations. TLCCC dba Legacy CDC is a chartered Texas non-profit corporation; the organization has submitted application requesting CHDO designation and has met the criteria for re-certification, according to their Articles of Incorporation and By-laws. TLCCC dba Legacy CDC have obligated themselves to meet the requirements of the HOME Program and all other Federal Regulations to assist in carrying out the mission of the City of Port Arthur to eliminate blight and provide decent,safe, sanitary and affordable housing for low and moderate-income persons/families of the community. TLCCC dba Legacy CDC will acquire/rehabilitate/sell and/or provide new construction,market,and sell three (3) affordable homes to eligible homebuyers whose income range between 60% up to 80% area median income (AMI). All homes will be sold at appraised value. The Housing and Neighborhood Revitalization Division hereby certifies that this organization has met the requirements of 24 CFR 92.300 and recommends the City Council designate Tender Loving Care Center for Children,d/b/a Legacy Community Development Corporation,as a Community Housing Development Organization(CHDO) in accordance with 24 CFR 92.300. Staff will be responsible for providing technical assistance,guidance and other resources to the CHDO's in an effort to build lasting partnerships. Budget Consideration: Funding in an amount not to exceed$400,000 will be provided by the Federal HOME Program CHDO Set- aside funds as follows: Description Amount Account&Project Numbers Acquisition/Rehabilitation/Sell and/or Provide New Construction of Three (3) Homes $376,000 108-2141-626.59-00-HE1901 & HE2001 Developer Fee $ 24,000 108-2141-626.54-00—HE2001 Down payment&Closing Costs Assistance shall be provided by the City as a direct benefit to the low and moderate income homebuyers for the purchase of new construction homes. The potential homebuyer may qualify to receive up to $30,000 each from the City's HOME& CDBG Program. An additional $30,000 per location is available from the Port Arthur Economic Development Corporation. P. R. No. 21872 03/29/2021 BAF RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE RECERTIFICATION OF TENDER LOVING CARE CENTER FOR CHILDREN, DB/A LEGACY COMMUNITY DEVELOPMENT CORPORATION HEREIN REFERRED TO AS TLCCC DBA LEGACY CDC, OF PORT ARTHUR, TEXAS, AS A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TLCCC DBA LEGACY CDC FOR THE ACQUIRE/REHABILITATE/SALE AND/OR PROVIDE NEW CONSTRUCTION AND SALE OF THREE (3) HOMES IN THE DOWNTOWN AFFORDABLE HOUSING TARGET AREA OR CITY WIDE. THE TOTAL AMOUNT PROVIDED FOR SAID ACTIVITIES IS AN AMOUNT NOT TO EXCEED $400,000.00 FROM THE FEDERAL HOME PROGRAM,ACCOUNT NUMBERS 108- 2141-626.54-00, 108-2141-626.59-00, PROJECT NUMBERS,HE1901, AND HE2001. WHEREAS,the Department of Housing and Urban Development awards Federal HOME Program funds to the City annually,pursuant to the Housing and Development Act of 1974 for the primary benefit of low and moderate income persons/families; and, WHEREAS, the City Council, by its adoption of Resolution Number 20-108, (authorizing submission of a 2020 Consolidated Plan)has obligated the City to provide direct financial assistance for CHDOs to assist low and moderate income persons/families; and, WHEREAS, Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation (TLCCC dba Legacy CDC), Port Arthur, Texas was chartered as a Texas Non-profit corporation to provide safe,decent,sanitary and affordable housing to low and moderate income families; and, WHEREAS,TLCCC dba Legacy CDC has met the criteria for re-certification according to their Articles of Incorporation and By-laws; and, WHEREAS,the Housing and Neighborhood Revitalization Division recommends the City Council re-certify this organization and acknowledge that they have met the requirements of 24 CFR 92.300 and designate TLCCC dba Legacy CDC as a Community Housing Development Organization (CHDO) as identified in the attached Exhibit"A"; and, WHEREAS,TLCCC dba Legacy CDC has obligated themselves to assist the City with meeting the requirements of the HOME program and all other Federal Regulations to assist in carrying out the mission of the City of Port Arthur to eliminate blight and provide decent,safe,sanitary and affordable housing for low and moderate-income persons/families of the community; and, WHEREAS, the Developer's fees will be provided to the CHDO in an amount not to exceed $24,000; and, WHEREAS,the low and moderate income persons/families will be provided down payment and closing costs assistance as a direct benefit to assist with the purchase of the homes; and, WHEREAS,under the terms of the grant,the City is to review the requests for the disbursement of funds submitted by Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation for the acquisition/rehabilitation/sell and/or provide new construction and sale of three (3) homes to low and moderate income persons/families in the Downtown Affordable Housing Target Area or City wide; and, WHEREAS,the Housing and Neighborhood Revitalization Division recommends the City Council authorize the City Manager to execute a contract with TLCCC dba Legacy CDC in the not to exceed amount of$400,000.00 as outlined herein and further described in substantially the same form as in the attached contract marked Exhibit`B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the re-certification of Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation in accordance with 24 CFR 92.300. Section 3. That the City Manager is authorized to execute a contract with TLCCC dba Legacy CDC in the amount not to exceed $400,000.00 for the acquisition/rehabilitation/sell and/or provide new construction and sale of three(3)homes as outlined herein and further described in the contract attached hereto in substantially the same form as Exhibit`B". Section 4. That a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of April, A.D., 2021 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBERS NOES: THURMAN"BILL"BARTIE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: iAL TIZE O, CITY ATTORNEY Li APPROVED FOR ADMINISTRATION: RON BURTON, CITY MANAGER BEVERLY FREEMAN, HOUSING AND NEIGHBORHOOD REVITALIZATION MANAGER APPROVED FOR AVAILABILITY OF FUNDS: 0._--,34 U G�f KANDY DANIEL, TERIM FINANCE IRECTOR EXHIBIT "A" RE-CERTIFICATION FORM r 0 ► r►r ... fD " H ID o '- oen d a ...., 4 r -3 MI ril fD Q, oQ n r7 ri' = n (#444. 1 Mh a. M 2 p o 4 c 1 = Cro 'V 11) ce z n 0-. !t' W 0 a f7 = cr , \ / 2" N• "] et, 1 S:6; .1 fp CID :".... 8 1- O 0 encp vim, Q towN = 1 /4 © en Cm 7. 0 M cn Z , \' GA - 115 W4 Iv = 14; 0. 0 = 0- �' a) z n gl) 2N y n ' ►may Icy QEFA o. en© o n- O r 1 _•7 R PrO -A riai • O N CV8. �] 1 `C eP en 'C y ~ CD 77 r* su et) ►C fp N O 1 1 EXHIBIT "B" CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND TENDER LOVING CARE CENTER FOR CHILDREN D/ B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND TENDER LOVING CARE CENTER FOR CHILDREN D/B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) STATE OF TEXAS § COUNTY OF JEFFERSON § SECTION 1. PARTIES TO THE CONTRACT This contract and agreement is made and entered into by and between the City of Port Arthur, Texas (hereinafter called the "City")acting herein by its Mayor and City Manager, duly authorized by Resolution of the City Council of the City of Port Arthur and the Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, (hereinafter called "CHDO") 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 CHDO operates as a Texas non-profit corporation that is organized to assist low income individuals and families achieve the American dream of CHDO; and, 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 CHDO; and, WHEREAS, projects undertaken by the CHDO pursuant to this contract must principally be of direct benefit to low and moderate income persons as has been determined by the parties and is established under the guidelines of the Housing and Community Development Act of 1974, as amended; WHEREAS, under the terms of the grant the City must ensure that all applicable state and federal requirements are met concerning the disbursement of funds to the CHDO, per 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; and, WHEREAS, projects undertaken by the CHDO pursuant to this contract must principally be of direct benefit to low and moderate income persons as has been determined by the parties and is established under the guidelines of the Housing and Community Development Act of 1974, as amended. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: SECTION 2. CONTRACT PERIOD This contract and agreement shall commence on April , 2021 and shall terminate on April , 2022, unless otherwise specifically provided by the terms of this contract. SECTION 3. CHDO'S PERFORMANCE The CHDO shall acquire/rehabilitate/sell and/or provide new construction and sale of three (3) homes for low and moderate income persons/families. Projected sales prices shall range from $100,000 to $170,000.00, as established by an appraisal. The homes are required to be sold to low and moderate income persons/families by April 2022. It is understood by all parties that if the three (3) homes are not sold by April, 2022, ownership of the homes will automatically revert to the City of Port Arthur. The new construction house plans shall be a minimum of 1 ,200 sq. ft. to 1500 sq. ft. maximum. The homebuyers are required to participate in a Homebuyer Education Class. The Homebuyer Education Class shall be a minimum of eight(8) hours and shall include homebuyer orientation and education classes, credit and budget workshops, one on one counseling, pre-purchase and post-purchase counseling. The homebuyers are required to maintain the property as their primary residence for the aapplicable period of affordability of me and ten (10) years with the purchase of a new construction home). Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, will be required to provide the City of Port Arthur a full mortgage approval for the qualified buyer prior to the construction of the new home. Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, will insure qualified buyers are conveyed full ownership to the new construction home within nine (9) months after issuance of the Certificate of Occupancy. In the event the home is not sold nine (9) months after issuance if the Certificate of Occupancy, it is agreed by all parties, the new construction home will convert to a rental unit in accordance with 24 CFR 92. The CHDO shall ensure the homebuyer will be required to maintain the property as their primary residence for the applicable period of affordability of ten (10) years with the purchase of a new construction home 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 Part 92 and per the Administrative Requirements in 24 Code of Federal Regulations Part 85.36 and 85.37. $400,000.00 is being provided for the acquisition/rehabilitation/sell and/or new construction and sell of three (3) homes. The new construction homes are required to be sold within nine (9) months of the issuance of the Certificate of Occupancy. In the event the homes are not sold within nine (9) months after issuance if the Certificate of Occupancy, the new construction homes will convert to rental units in accordance with 24 CFR 92. 100% of the new construction home shall be Energy STAR qualified. $24,000.00 is being provided as Developer Fees ($8,000.00 per home)to assist with operating costs. The Developer Fees will be requested and disbursed in an amount not to exceed 50% per project once 50% of the work is verified as complete per project. The remaining 50% of the Developer Fees will be disbursed after the home is sold and occupied by the homebuyer. $60,000.00 in down payment and closing costs assistance will be provided to the homebuyers as a direct benefit and will be provided from the City's HOME and/or CDBG Program funds at the sale of the homes to assist with the principal buy down and closings fees associated with the purchase of the homes. Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO will utilize a total amount of HOME Program funds in an amount not to exceed $400,000.00, as delineated in Exhibit "B". It is duly understood that no funds will be reimbursed the CHDO until documentation is submitted that all Section 3 requirements are fulfilled by the CHDO which state that Federal funds shall not only be used for development projects but also used to provide economic and employment opportunities for low and moderate income citizens. The CHDO shall perform all activities in accordance with the terms of the Performance Statement, hereinafter called Exhibit "A", the Budget, hereinafter called Exhibit "B" and all requirements, policies and procedures of the HOME Program and the City of Port Arthur. The Project Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations, hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; and Exhibit F Construction Specifications; the assurances, certifications, and all other statements made by the CHDO in its application for the project funded under this contract; and with all other terms, provisions, and requirements set forth in this contract. It shall be CHDO's responsibility to furnish its own accounting services including clerical, statistical, bookkeeping for expenditures made by CHDO in performance of the obligations herein. Other Federal Requirements (Subpart H): The CHDO shall be required to conduct a market analysis to identify the feasibility of new construction. The CHDO shall be required to conduct and implement an affirmative marketing program and outreach to the community by advertising in the local newspaper, with fliers, brochures and seminars in accordance with HOME Program Regulations 24 Code of Federal Regulations 92.351. The CHDO shall advertise for and conduct outreach for minority and women's businesses in local newspapers according to executive orders 11625, 112432,12138, and 24 Code of Federal Regulations 85.36 (e). SECTION 4. CITY'S OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, the City shall be liable for actual and reasonable costs incurred by the CHDO during the contract period for performances rendered under this contract by CHDO, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties hereto that City's obligations under this Section 4 are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this contract. If adequate funds are not available to make payments under this contract, the City shall notify CHDO in writing within a reasonable time after such fact is determined. The City shall then terminate this contract and will not be liable for failure to make payments to CHDO under this contract. 2. The City shall not be liable to CHDO for any costs incurred by CHDO, or any portion thereof, which has been paid to CHDO or is subject to payment to CHDO, or has been reimbursed to CHDO or is subject to reimbursement to CHDO by any source other than City or CHDO. 3. The City shall not be liable to CHDO for any costs incurred by CHDO or for any performances rendered by CHDO which are not allowable costs as set forth in Section 6 of this contract. City assumes no responsibility to reimburse CHDO for any unauthorized expense incurred nor shall CHDO create any deficit in the name of City nor shall CHDO assign any payment due from City to any other party. 4. The City shall only disburse funds to CHDO upon receipt of invoices from suppliers or CHDOs or other evidences approved by City's Housing Assistance staff. These invoices must be in accordance with Exhibit B of this contract. 5. The City shall not be liable to CHDO for any costs incurred by CHDO for any performances rendered by CHDO which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this Contract. 6. The City shall not be liable for costs incurred or performances rendered by CHDO before commencement of this contract or after termination of this contract. B. Limit of Liability Notwithstanding any other provision under this contract, the total of all payments and other obligations incurred by the City under this contract shall not exceed the sum of Four Hundred Thousand and No/100 ($400,000)for the acquisition/rehabilitation/sell and/or provide new construction and sell of three (3) homes. Developer Fees will be provided. Down payment and closing costs assistance will be provided from the Federal HOME and/or CDBG Programs as a direct benefit to assist the homebuyers purchase the homes. SECTION 5. DISBURSEMENT OF FUNDS A. City will reimburse eligible costs incurred under this contract in accordance with the requirements of 24 CFR 92, only upon request for reimbursement by the CHDO. The amount of each request will be made as invoiced by the CHDO and must be supported by cancelled checks or feasible bank draft documentations and applicable lien waivers. B. It is expressly understood and agreed by the parties hereto that payments under this contract are contingent upon CHDO'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 CHDO has been unable to commit funds before the end of this contract period. C. The City will release land acquisition funds for title policy/closing fees at the time a settlement statement and invoice are provided by CHDO indicating the total closing costs for the purchase of land. D. The City will release land acquisition funds for appraisals and surveys at the time an invoice is provided by CHDO, contingent upon environmental clearances. E. The City will release funds for pre-development activities at the time an invoice is presented by CHDO for each pre-development line item listed in Exhibit B. F. 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. G. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND PROGRAM INCOME A. CHDO 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. CHDO shall provide reports of program income as requested by the City and at the termination of this contract. B. CHDO shall be allowed to retain the funds that are identified as HOME Program CHDO Proceeds at the closing and funding of the projects meaning any income derived specifically from the use of HOME funds by CHDO. Income to CHDO, which is generated as a result of CHDO's use of grant funds, shall be considered CHDO Proceeds and must be used by CHDO for City approved eligible CHDO activities. All other funds shall be retained by the CHDO and used for other eligible housing projects. CHDO shall be required to provide reports detailing the operation, performance and the eligible use and flow of HOME funds retained by CHDO for the three consecutive uses. An annual audit will be conducted by the City designated staff to assure compliance with all Federal State and Local ordinances and regulations. C. As a non-profit organization, CHDO must comply with applicable regulations under OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 92. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. CHDO must establish and maintain sufficient records, as determined by City, to account for the expenditure and use of HOME funds. B. CHDO 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 CHDO pertaining to this contract. Such rights to access shall continue as long as the records are retained by CHDO. CHDO agrees to maintain such records in an accessible location. C. All records pertinent to this contract shall be retained by CHDO for three (3) years following the date of termination of this contract or submission of the final close-out report, whichever is later, with the following exceptions: 1 . If any litigation, claim or audit is started before the expiration of the three (3) year period and extends beyond the three (3) year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records relating to real property acquisition or long-term lease shall be retained for a period equal to the useful life of any repairs made with HOME funds. SECTION 8. REPORTING REQUIREMENTS A. CHDO shall submit to the City such reports on the operation and performance of this contract as may be required by the City including but not limited to the reports specified in this Section 8. CHDO shall provide the City with all reports necessary for City's compliance with 24 CFR Part 92. 1. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if CHDO fails to submit to City in a timely and satisfactory manner any report required by this contract, the City may, at its sole discretion, withhold any or all payments otherwise due or requested by CHDO hereunder. If the City withholds such payments, it shall notify CHDO in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by the City until such time as the delinquent obligations for which funds are withheld are fulfilled by CHDO. SECTION 9. MONITORING The City reserves the right to, from time to time, carry out field inspections to ensure compliance with the requirements of this contract. CHDO shall attend a compliance meeting after the award of funds and prior to the first draw. After each monitoring visit, the City shall provide CHDO with a written report of the monitor's findings. If the monitoring reports note deficiencies in CHDO's performances under the terms of this contract, the monitoring report shall include requirements for the timely correction of such deficiencies by CHDO. Failure by CHDO to take action specified in the monitoring report may be cause for suspension or termination of this contract, as provided in Sections 17 and 18 of this contract. A. The City reserves the right to monitor the day to day clearance, development and construction of activities performed under this contract to assure compliance with applicable federal requirements and that performance goals are being achieved. Field inspections will be conducted to ensure compliance with the requirements of this contract and local, federal and state codes, ordinances, and the CONSTRUCTION SPECIFICATIONS. CHDO shall attend a compliance meeting after the award of funds and prior to the first draw. If the monitoring reports indicate deficiencies in CHDO'S performances under the terms of this contract, the CHDO shall be required to immediately correct all deficiencies prior to the release of payment failure by CHDO 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 CHDO provides a basis for assessing program operations and identifying problems. A secondary goal of monitoring is to obtain ongoing data for use in determining program achievement. Evaluations will summarize monitoring findings, program goals and measure progress toward those goals during the provision of services. C. The City has responsibility for overall HOME Program performance and compliance, including the performance of a CHDO. Clear record keeping requirements for CHDO are essential for grant accountability. Responsibility for maintaining in-house records is assigned to the CHDO. D. The City shall meet all HUD requirements for the HOME Program according to 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: 1 . On-site inspections and monitoring of construction activities are conducted on a periodic basis as needed by certified and qualified City staff to ensure homes are developed and provided in compliance with the following Building Codes: IRC 2015, IPC 2015, NEC 2015, IECC 2015 and IFC 2015, IMC 2015, ADA 2015 and all such associated codes that shall be complied with in producing. In addition, the most current specifications, codes, ordinances, regulations and standards will be enforced. 2. Written documentation of construction progress, including pictures of the phases of construction are required. 3. Critical inspections are conducted as follows: a. Footings, Termite Treatments & Foundations b. Framing c. Roofing d. Plumbing e. Electrical f. Mechanical g. Sheetrock h. Painting & Trim i. Installation of exterior siding (or brick veneer), j. Installation of cabinets and flooring k. Landscaping 4. Funds are not disbursed until phases of construction are inspected by Certified Inspectors, authorized representatives from the Housing and Neighborhood Revitalization Division, the CHDO and the Contractor in attendance. 5. CHDOs and Vendors performance are evaluated and reviewed prior to execution of agreements and annually. 6. Other inspections will be provided as required. SECTION 10. INDEPENDENT CHDO It is expressly understood and agreed by the parties hereto that the City is contracting with CHDO as an Independent CHDO, and that CHDO, as such, agrees to hold the City harmless and to indemnify the City from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by CHDO under this contract. CHDO shall present proof of Directors and Officers Insurance. SECTION 11. SUBCONTRACTS A. Except for subcontracts to which the federal labor standards requirements apply, CHDO may not subcontract for performances described in this contract without obtaining the City's written approval. CHDO shall only subcontract for performances described in this contract to which federal labor standards requirements apply after CHDO has submitted a CHDO Eligibility Form, as specified by City, for each proposed subcontract, and CHDO has obtained City's prior written approval, based on the information submitted, of CHDO's intent to enter into such proposed subcontract. CHDO, in subcontracting for any performances described in this contract, expressly understands that in entering into such subcontracts, City is in no way liable to CHDO's CHDO(s). B. In no event shall any provision of this Section 11, specifically the requirement that CHDO obtain City's prior written approval of a CHDO's eligibility, be construed as relieving CHDO 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 CHDO. City's approval under Section 11 does not constitute adoption, ratification, or acceptance of CHDO's or CHDO's performance hereunder. City maintains the right to insist upon CHDO'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. CHDO shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this contract. SECTION 12. BREACH OF CONTRACT: A. If through any cause, the CHDO shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the CHDO 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 CHDO 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 CHDO 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 CHDO, and the City may withhold any payments to the CHDO for the purpose of set-off until such time as the exact amount of damages due the City from the CHDO is determined. SECTION 13. CONFLICT OF INTEREST No person who (1) is an employee, agent, consultant, officer or elected or appointed official of the City of Port Arthur or any applicant that receives funds and who exercises or has exercised any functions or responsibilities with respect to activities assisted with funds provided under this contract or (2) who is in a position to participate in a decision making process or gain inside information with regard to such activities may obtain a personal or financial interest or benefit from a 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. A exception may be granted upon written request by the City to HUD in accordance with 24 CFR 92.356. CHDO shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB Circular A-110 in the procurement of property and services. SECTION 14. NONDISCRIMINATION AND SECTARIAN ACTIVITY A. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u.,that mandates that HUD ensures employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low and very-low income persons, particularly those who are recipients of government assistance for housing. The regulations are found at 24 Code of Federal Regulations Part 135. The CHDO shall ensure employment of low and moderate income persons and families in compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. B. Equal Opportunity. CHDO 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. 1701 u) 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. C. Religious Organizations. Funds provided under this contract may not be provided to primarily religious organizations, such as churches, for any activity including secular activities. In addition, funds provided under this contract may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. Funds provided under this contract may not be used to rehabilitate or construct nonresidential owned by primarily religious organizations except as provided in Section 22 of this contract. The completed housing or nonresidential building(s) must be used exclusively by the owner entity for secular purposes and must be available to all persons regardless of religion. There must be no religious or membership criteria for either tenants or users of the property as specified in 24 CFR 92.257. SECTION 15. LEGAL AUTHORITY A. CHDO assures and guarantees that CHDO possesses legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services CHDO has obligated to perform hereunder. B. The person or persons signing and executing this contract on behalf of CHDO, or representing themselves as signing and executing this contract on behalf of CHDO, do hereby warrant and guarantee that he, she or they have been duly authorized by CHDO to execute this contract on behalf of CHDO and to validly and legally bind CHDO to all terms, performances, and provisions herein set forth. C. CHDO shall not employ, award contract to, or fund any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by U.S. Department of Housing and Urban Development. In addition, the City shall have the right to suspend or terminate this contract if CHDO is debarred, proposed for debarment, or ineligible from participating in the HOME Program. SECTION 16. LITIGATION AND CLAIMS CHDO shall give the City immediate notice in writing of 1) any action, including any proceeding before an administrative agency filed against CHDO in connection with this contract; and 2)any claim against CHDO, the cost and expense of which CHDO may be entitled to be reimbursed by City. Except as otherwise directed by City, CHDO shall furnish immediately to City copies of all pertinent papers received by CHDO with respect to such action or claim. SECTION 17. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to City by CHDO, 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 CHDO, 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 CHDO prior to the effective date of said amendments or policy directives. C. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal or state law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. SECTION 18. SUSPENSION In the event CHDO fails to comply with any terms of this contract, City may, upon written notification to CHDO, suspend this contract in whole or in part and withhold further payments to CHDO, and prohibit CHDO from incurring additional obligations of funds under this contract. SECTION 19. SUSPENSION AND TERMINATION A. In the event CHDO fails to comply with any terms of this contract, City may, upon written notification to CHDO, suspend this contract in whole or in part and withhold further payments to CHDO, and prohibit CHDO 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 CHDO in accordance with 24 Code of Federal Regulations Part 85.43 and this Section. In the event CHDO 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 CHDO or take more severe enforcement action against CHDO. 2. Disallow all or part of the cost of the activity or action not in compliance. 3. Withhold further HOME Program awards from the CHDO. 4. Take other remedies that may be legally available as determined by the City, to comply with the terms of this contract. City may terminate this contract for convenience in accordance with 24 Code of Federal Regulations Part 85.44. This contract may be terminated at any time when both parties agree that the continuation of the performances would not produce beneficial results commensurate with further expenditure of funds. Termination shall occur thirty(30)days after the parties agree to terminate. The CHDO shall not incur any new obligations once an agreement to terminate is reached and shall cancel all outstanding obligations. The CHDO will be reimbursed for expenses incurred to the date of termination provided grant funds are available. 5. If the Contract is terminated by the City as provided herein, the CHDO 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 CHDO, the previous paragraph hereof relative to termination shall apply. SECTION 20. AUDIT A. Unless otherwise directed by City, CHDO shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this contract, subject to the following conditions and limitations: 1. CHDO shall have an audit made in accordance with 24 CFR Part 44, or OMB Circular A-110 for any of its fiscal years included within the contract period specified in Section 2 of this contract in which the CHDO receives more than$25,000 in Federal financial assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term includes awards of Federal financial assistance received directly from federal agencies, or indirectly through other units of State and local government; 2. At the option of CHDO, each audit required by this section may cover either CHDO's entire operations or each department, agency, or establishment of CHDO which received, expended, or otherwise administered federal funds; 3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), CHDO shall utilize funds budgeted under this contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by City under this contract, provided however that City shall not make payment for the cost of such audit services until City has received such audit report from CHDO; 4. Unless otherwise specifically authorized by City in writing, CHDO shall submit the report of such audit to City within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each fiscal period included within the period of this contract. Audits performed under Subsection A of this Section 19 are subject to review and resolution by City or its authorized representative. 5. As a part of its audit, CHDO 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. CHDO agrees to permit City or its authorized representative to audit CHDO's records and to obtain any documents, materials, or information necessary to facilitate such audit. C. CHDO 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. CHDO further understands and agrees that reimbursement to City of such disallowed costs shall be paid by CHDO from funds which were not provided or otherwise made available to CHDO under this contract. D. CHDO 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 CHDO. E. All approved HOME audit reports shall be made available for public inspection within 30 days after completion of the audit. SECTION 21. ENVIRONMENTAL CLEARANCE REQUIREMENTS A. CHDO understands and agrees that by execution of this contract CHDO 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 CFR, Part 58. In accordance with 24 CFR 58.77(b), CHDO further understands and agrees that CHDO shall make all reasonable efforts to assist City in handling inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. SECTION 22. LABOR STANDARDS A. HUD Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.: The Section 3 requirements applies to this Agreement and mandates that the CHDO and any Contract which is in excess of $100,000 will ensure work performed under this Agreement is providing employment and other economic opportunities specifically to the 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 CHDO is required to comply with Section 3 requirements. The City of Port Arthur will monitor CHDO's performance for compliance with Section 3. CHDO must provide documentation of compliance and submit the completed Section 3 Form 6002 to the City quarterly. This information is collected quarterly 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. No funds will be disbursed/reimbursed until compliance is documented and reported as required. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. B. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a project assisted under this contract shall be paid wages at rates not less than those prevailing on similar rehabilitation in this locality, if such a rate category exists, or the appropriate rate as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 276a-5), and contracts involving their employment shall be subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Construction CHDOs and sub-CHDOs, must comply with regulations issued under these Acts and with other federal laws and regulations pertaining to labor standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. C. Copeland Anti-Kickback Act. CHDO shall comply with all applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Copeland Anti-Kickback Act"of June 13, 1934, (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments or modifications thereof, and shall cause appropriate provisions to be inserted in any contracts or subcontracts pursuant to the performances under this contract to ensure compliance therewith by all CHDOs and sub- Contractors thereto. SECTION 23. SPECIAL CONDITIONS A. City shall not release any funds for costs incurred by CHDO under this contract until City has received certification from CHDO 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. CHDO will be allowed to retain HOME Program funds, to be considered CHDO Proceeds and agrees to revolve the funds and use them for additional eligible housing projects. CHDO agrees that as/when applicable, all repayments, including all interest and other return on the investment of HOME funds will be made to City. City reserves the right to at any time, request CHDO to return the HOME funds to the City at the closing of the units as HOME Program Income. The funds will be revolved back into the Program and used for additional eligible housing activities. C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand on the date of termination, and all accounts receivable attributable to the use of funds received under this contract shall automatically revert to City. CHDO 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 CHDO for land acquisition under this contract until City has received from CHDO a Settlement Statement (HUD 1) indicating the costs associated with the purchase. E. Flood Insurance. City shall not release any funds, as/when applicable, for any costs incurred by CHDO under this contract until City has received from CHDO proof of flood insurance pursuant to the requirements of the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Act of 1973. CHDO understands and agrees that by the execution of this contract CHDO shall assume responsibility for keeping flood insurance in force in an amount equal to at least the prorated value of the repairs to the building rehabilitated with funds under this contract. F. Displacement, Relocation, and Acquisition. CHDO must ensure that it will not displace persons (families, business and non-profit organizations) as a result of a project assisted with funds provided under this contract. SECTION 24. ORAL AND WRITTEN CONTRACTS A. All oral and written contracts between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract. B. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by CHDO 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, Texas Minimum Construction Specifications SECTION 25. VENUE For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County, Texas. SECTION 26. ADDRESS OF NOTICE AND COMMUNICATIONS City of Port Arthur Tender Loving Care Center for Children d/b/a P 0 Box 1089 Legacy Community Development Corporation, CHDO, Port Arthur, Texas 77641 3025 Plaza Circle Port Arthur, Texas 77642 Cell: 409-365-9850 Office: 409-291-4259 vlballou@yahoo.com ATTN: Ron Burton, ATTN: Vivian L. Ballou, City Manager Executive Director SECTION 27. CAPTIONS Each paragraph of this contract has been supplied with a caption to serve only as a guide to contents. The caption does not control the meaning of any paragraph or in any way determine its interpretation or application. SECTION 28. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS CHDO 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 CHDO under this contract. Upon request by City, CHDO shall furnish satisfactory proof of its compliance herewith. APPROVED AS TO FORM: Valecia Tizeno, City Attorney Signed and Agreed to on the day of , 2021. CITY OF PORT ARTHUR By: Ron Burton, City Manager ATTEST: City Secretary Signed and Agreed to on the day of , 2021. Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, By: Vivian L. Ballou Executive Director EXHIBIT A Performance Statement Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, CHDO shall carry out the following activities identified in the most current Federal HOME Program Guidelines and Regulations: Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, shall assist in carrying out the mission of the City of Port Arthur Community Development Department to eliminate blight, provide decent, safe, sanitary and affordable housing for low and moderate income persons/families (80% MFI) within the City of Port Arthur. Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, shall make sure the homebuyers participate in a Homebuyers Assistance Program which will include homebuyer orientation and education classes, credit and budget workshops, one on one counseling, pre-purchase and post-purchase counseling. Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, will provide a qualified buyer. The City of Port Arthur Housing and Neighborhood Revitalization Department will also work closely with Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, to assist with providing low and moderate income homebuyers. Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, shall provide acquisition/rehabilitation/sell and/or new construction and sale of three(3) homes in Port Arthur that will be a minimum of 1,200 sq. ft. to 1500 sq. ft. for low and moderate income person/families. Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO,will insure qualified buyers are aware of and have been transferred complete ownership to the rehabilitated and/or new home constructed in the City of Port Arthur by Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO by April, 2022. In the event the homes are not completed and sold to low and moderate income homebuyers by April, 2022, the assets and complete new construction properties will automatically revert back to the City of Port Arthur. Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, shall utilize the HOME Program CHDO Set-aside and HOME Program Income funds for eligible CHDO activities. The CHDO shall ensure the homebuyer will be required to maintain the property as their primary residence for the applicable period of affordability as identified in the HOME Program Regulations 24 Code of Federal Regulations Part 92.252 (e), being ten (10) years for the purchase of new construction homes, or the City will recapture all the HOME funds invested as identified in the HOME Program Regulations 24 Code of Federal Regulations Part 92 and per the Administrative Requirements in 24 Code of Federal Regulations Part 85.36 and 85.37. It is further understood that any costs above the contract amount incurred by the Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, 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 CHDO activities and shall not exceed said guidelines, and any provisions of fees in excess thereof are void. Prior to the implementation of land purchase, site clearance, preparation and new construction activities, the location of the homes to be constructed, the written certification of eligibility of the buyers, all financing, lien documents and all house plans shall be reviewed and approved by the City of Port Arthur. Furthermore, all homes shall have a ten (10) year builder's 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 CHDOs as to ensure performance and avoid liens. It is required the homes be completed and sold to low and moderate income persons/families by April 19, 2021 . In the event the homes are not completed and sold to low and moderate income homebuyers by April, 2022, it is understood and agreed to by all parties the assets and complete ownership of the new construction properties will be conveyed and/or will automatically convert back to the City of Port Arthur. The CHDO shall perform all activities in accordance with the terms of the Performance Statement, hereinafter called Exhibit "A", the Budget, hereinafter called Exhibit "B" and all requirements, policies and procedures of the HOME Program and the City of Port Arthur. EXHIBIT B Budget Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, Acquisition/Rehabilitation/Sell and/or New Construction and sell of three units $376,000.00 CHDO Developer Fees ($8,000 per home) $ 24,000.00 Grand Total shall not exceed $400,000.00 Down payment & Closing Costs Assistance shall be provided by the City as a direct benefit to the low and moderate income homebuyers for the Purchase of New Construction Homes (up to $30,000 each). EXHIBIT C Project Implementation Schedule Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation, CHDO, CONTRACT START DATE: CONTRACT ENDING DATE: April , 2021 April , 2022 Home Buyer Activities 1 2 3 4 5 6 7 8 9 10 11 12 Identify Participants Evaluate CHDO Barriers Case Management Access Conventional Mortgage Resources Pre & Post Purchase Counseling Documentation submitted in compliance with Section 3 Requirements Acquisition/Rehabilitation /Sale and/or New , Construction Activities Completion of Construction and Closing on Homes to transfer title/ownership to the Eligible Homebuyer (Venue: Title Company; Participants: Bank or Mortgage Company, CHDO ,,„ & Homebuyer) EXHIBIT D The Applicable Laws and Regulations CHDO shall comply with all federal, state, and local laws and regulations applicable to the activities and performances rendered by CHDO under this contract including but not limited to the laws, and regulations specified in Section I through IV of this Exhibit D. I. CIVIL RIGHTS The Fair Housing Act (42U.S.C. 3601-20) and implementing regulations at 24 CFR part 10; Executive Order 11063, as amended by Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d) (Nondiscrimination on Federally Assisted Programs) and implementing regulations issued at 24 CFR, Part 1; Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or 24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24 CFR 107.60; The prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, and the prohibitions against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR, Part 8; The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp., p. 339) (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR, Chapter 60. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, each applicant must make efforts to encourage the use of minority and women's business enterprises in connection with HOME funded activities. Each CHDO 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 CHDO will be required to identify contracts which have been bid by minority owned, women owned, and/or small disadvantaged businesses. The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.); Section 504 of the Rehabilitation Act of 1973(29 U.S.C., Section 794)and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban development", 24 CFR, Part 8. By signing this contract, CHDO understands and agrees that the activities funded herein shall be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. II. LEAD-BASED PAINT 24 CFR 92.355 Lead-based paint. Housing assisted with HOME funds is subject to the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, M and R of this title. Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831). III. ENVIRONMENTAL STANDARDS Environmental Review Procedures for Title I Community Development Block Grant Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982); National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.)and 40 CFR Parts 1500-1508; The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.)as amended; particularly Section 106 (16 U.S.C. Sec. 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 CFR Part 51, Environmental Criteria and Standards. IV. ACQUISITION/RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C., Sec. 4601 et. seq.), 49 CFR Part 24, and 24 CFR Section 570.49a (55 Fed. Reg. 29309 (July 18, 1990). EXHIBIT E Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his knowledge and belief, that: 1 . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements)and that all CHDOs shall certify and disclose accordingly. This certification is material representation of fact which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31 , U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $100,000 for each such failure. Signed: Vivian L. Ballou, Executive Director DATE EXHIBIT "F" City of Port Arthur, Texas Housing Assistance Programs TEXAS MINIMUM CONSTRUCTION SPECIFICATIONS 1.0 OVERVIEW The purpose of the Texas Minimum Construction Specifications is to ensure that all applicants who receive new or rehabilitation construction housing through programs funded by the Community Development Block Grant(CDBG and 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 private funds as it is designed to lengthen the term of affordability and preserve habitability. However, the City of Port Arthur has the specifications for IRC 2015, IPC 2015,NEC 2015, IECC 2015 and IFC 2015, IMC 2015, ADA 2015 and all such associated codes that shall be complied with in producing. In addition,the most current specifications,codes,ordinances,regulations and standards will be enforced. As applicable,there will be 2 elevation reports required. (1)At the beginning to determine the base flood elevation and (2) a final elevation report that shows that the residence is at the proper BFE and that all machinery and equipment are at least 1 ft above the BFE. This is a FEMA requirement that the City of Port Arthur must have with each location for their audit when asked for. 2.0 DEFINITIONS AND ACRONYMS 1. Certificate of Final Inspection-known as Certificate of Occupancy. 2. Final Inspection - the last inspection to clear project [release]. 3. Electrical- all electrical equipment must be UL listed equipment. 4. Hardware- all hardware must be in operating condition. New keys must be turned over to homeowner when work is completed. 5. 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—International Residential Code: see all associated codes. 9. Notice to Proceed - formal instruction from Contract Administrator or designer. 10. Plumbing-plumbing equipment must be UL listed equipment. 11. 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 lnsurance 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 CHDO/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%,70%,and 100%upon completion of inspections and at thirty(30) days after the Final Inspection and verification is issued. All requests for payments will be made as follows: The Contractor will submit in writing to the Contract Administrator,a list of items,their costs, and a sum of the item costs for work to be paid. This will be based on completed items only from the schedule of values submitted by the Contractor prior to construction,or the Itemization of Bid Form if no schedule is submitted. The Contract Administrator will inspect such work as soon as possible (usually within one (1)business day) from receipt of such request by the Contractor. The Contract Administrator will provide a completed Progress Payment form for signature to the CHDO/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 Homebuyer for selection for all materials as cited in the individual specifications and provide reasonable time to the homebuyer to make selections. CHDO/Contractor must provide written submittal with the homebuyer'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 homebuyer'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. CHDO/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 CHDO/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 CHDO/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 homebuyer, CHDO/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 Federal 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 CHDO/Contractor must obtain and display all permits and inspection tags as required by the local Inspection Department. The CHDO/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 CHDOs/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 3500 psi. • Pads must be monolithic concrete pad, 16 inches x 16 inches x 4 inches.They must be set on firm prepared soil below existing ground surface,24 inches x 24 inches x 8 inches,minimum of 1 inch below natural ground; must be secured to the blocking with minimum 3#rebar. Termite shields required. • All piers must have termite pans. Steps • All steps must have treads,minimum of 10 inches and a maximum rise of 7 inches.They must span full width of door opening or they must be minimum 36 inches wide at porches. • Pre-cast steps must be standard size with no defects. They must be set level with concrete bases under each corner.When set,the rise from the top step to the wearing surface must be the same as the rise for the steps or be in the wearing surface plane. • Hollow poured steps must be formed and poured over an 8-inch x 16 inch footer. Wall thickness must be minimum of 4 inches. The treads must be broom finished. • See attachment on stairs, patios, decks, for flood prone areas. (FEMA Requirement) Slab on Grade • All concrete slabs must be poured monolithically and be a minimum of 4 inches thick.Reinforcing must be 6 inches X 6 inches,#6 Welded wire fabric unless otherwise specified.Top of slab poured on existing grade must be a minimum of 1/2 inch above surrounding soil level.All slab designs and executions must concur with the requirements of the International Residential Code 2012. • Before concrete is poured,a slab inspection must be requested from the Contract Administrator and then must pass inspection.All slabs and driveways must meet Contract Administrator codes and be inspected. • Walks must be poured monolithic to expansion joints. Reinforcing must be 6 inch x 6 inch, # 10 welded wire fabrics. Width must be a minimum of 36 inches wide with a broom finish. Control joints must be spaced the width of the walk. Expansion joints must be spaced at a maximum of 20 ft. at all radius points, elevation changes (i.e. steps,porches, etc.) and at back of curb. Expansion joint material can be 1/2 inch asphalt impregnated material or 1/2 inch redwood. Slab thickness must be a minimum of 4 inches. • Driveways must be monolithic poured slab with a broom finish and a minimum thickness of 4 inches;Reinforcing must be 6 inch x 6 inch# 10 welded wire fabrics.The slab will be poured on a 2 inch sand cushion(compacted).Expansion joints will be spaced a maximum of 20 linear feet not to exceed 30 sq. yards in one block. Expansion joints will be used at all radius points, sidewalk intersections, and house slab tie-ins. Expansion joint materials can be 1/2 inch , asphalt impregnated material or 1/2 inch redwood. • Exterior beams must have a minimum width at top of beam of 18 inches,and may taper down to 14 inches at the bottom. Exterior beams to have a minimum of 4,#5 (5/8 inch)rebar's,two(2)at the top and two (2) at the bottom, set on 3/8 inch stirrups or#6 wire mesh cut to fit. Exterior beam must extend a minimum of 6 inches into undisturbed soil.Exterior beam must be a minimum of 24 ft. in height. • Interior beams must be minimum of 18 inches,in height and should have two#4(1/2 inch)rebar's side by side 6inches, off bottom of beam set in 3/8 inch stirrups or#6 wire mesh cut to fit at 3 ft. 0/C. Interior beams width to be 16 inches in width at top and may taper to 8 inches at bottom. #4 Rebar is to have a minimum lap of 12 inches. #5 Rebar to have a minimum lap of 15 inches. Interior beam is to extend 3 inches below undisturbed soil. • All slab and beam specifications listed here must be used unless the Contract Administrator's Building Code requirements or specifications exceed these specifications. All slab designs and executions must concur with the requirements of the Southern Building code. Concrete Porches • All porches must be poured monolithically over select sand "fill", and cement porches must be leveled. • Exterior beams must be a minimum of 12 inches in height with 4,#4 rebar set in 3/8 inch,stirrups or#6 wire mesh cut to fit at 3 ft. 0/C. Beam width to be a minimum of 14 inches at top and may taper to 10 inches at bottom. Lower two rebar to be a minimum of 3 inches off bottom. Beam to extend a minimum of 6 inches below undisturbed soil. Galvanized flashing to be used if wood is to be in contact with concrete. • Pour 1 inch below door sill or as noted and slope 1/8 inch per foot to provide drain. Footings • Footings must comply with International Code Council (ICC) for size and reinforcement. When the surrounding soil is not sufficiently strong enough to hold the concrete until final set, forms must be constructed instead. 9.0 FOUNDATIONS 9.1 General Specifications: Leveling must be done in such a manner as to be permanent and must be completed before other work begins. New posts must be concrete piers or decay resistant, treated wood posts for ground contact,or of a decay resistant species. • Allowable spans between piers or posts for a 4 inch x 4 inch sill—5 ft.on center or for a 4 inch x 6 inch, sill 7 ft. on center. • Cedar posts and shims must be treated to prevent rot and deterioration. • When leveling, grades must be established from existing concrete porches, fireplaces and chimneys. • When leveling is complete, doors, windows, and openings must be reasonably plumb, level, and fully operational. • Correct over spans by installing stringers and/or floor joists. Stringers are to be placed on concrete pads and piers. • All sills must have 12 inches minimum clearance above the ground when leveling is to be done unless otherwise specified. Skirting • Cover indicated area with galvanized weatherboard metal foundation skirting fastened with self tapping sheet metal screws. Vinyl is required in areas of A or V Flood Zones. • Skirting must extend 4 inches below and at least 18 inches above grade and be lapped and fastened under siding on the same horizontal line of the entire wall or side of building. • Skirting must have ventilation openings a minimum of 4 ft. from each corner, and no less than every 8 vent openings should be covered by louvered screened vents,and should be a minimum of 50 square inches. • Creep-hole Door must be hinged and be constructed of such material to conform with foundation skirt, and must be of adequate size for entrance into crawl space. (minimum 16 inch x 24 inch per IRC 2012 R408.4). • PVC, fabric, mesh, and all other materials shall be to ANASI requirements. Foundation Drainage When existing grades or excavations allow water to accumulate under the structure,a drainage ditch must be dug so water must drain away from the house. Ditch must be located as per individual specification. Open ditches which constitute a tripping hazard must be replaced with French drains.French drain will be constructed of 6 inch perforated PVC drain field line and installed in a ditch at least 12 inches in depth and 8 inches wide. The ditch will be back filled with P gravel and the drain line protected with fabric mesh. The drain line must be placed at least 2 inches above the bottom of the ditch and centered to allow gravel to surround it. Discharge must be a minimum of 10 ft. from the closest edge of the structure and at least 10 inches below the grade level of the structure. Whenever possible, foundation drainage problems will be corrected through regarding, filling,compacting and planting of surrounding area. French Drains are not allowed in Port Arthur, only American drains. • Drainage is not allowed to drain on to someone else's property. 10.0 MASONRY 10.1 Materials: 1. Portland Cement: ASTM C150. Typel 2. Masonry Cement: ASTM C 91 3. Aggregate: ASTM C 144 4. Brick: Facing brick ASTM C 216-71, grade MW, type FBS 10.2 Methods: Do not install cracked,broken, or chipped masonry units. Lay masonry units plumb,true to line and with level courses accurately spaced within allowable tolerances. Adjust masonry units into final position while mortar is soft and plastic. Lay masonry units with full mortar coverage on horizontal and vertical joints. Provide weep holes in head joints in first course and immediately above all flashing.Maximum spacing is 33 inches. Attach masonry veneer to backing with metal veneer ties. Use at least one tie per 4 square feet of veneer. Brick ties 16 inches o-c required, requires inspection. Dry brush masonry surface after each days work. Scrub with acceptable cleaning agent. 11.0 WOOD AND PLASTICS 11.1 Materials: All lumber must be identified by the appropriate grade stamp. All new or replaced wood in contact with concrete, earth, or within 12 inches of ground level must be pressure treated or wolmanized lumber, or lumber with natural resistance to decay. Bridging must be#2 yellow pine or fir, graded and stamped as such. (fir in non-load bearing areas only) 12.0 ROUGH CARPENTRY 12.1 Methods: All lumber must be fastened as detailed in IRC 602 and all Tables of the International Residential Code (IRC) 2012. All framing must be constructed to comply with the International Residential Code(IRC)2006, and any local ordinances and specifications provided. Framing must also be 120-130 mph wind speed and wind storm protection. 13.0 FLOOR FRAMING • Minimum allowable spans for floor joists are: Size Spacing Max. Span 2' X 6 in 16 in oc 9'11 'n 2'n X 6 in 24'n oc 8FT8'� 2'n X 6 in 16 in oc 13Fr 1 in 2'n X 6'n 24 in oc 11 F-r 5'� • 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 2111 X 4 m(not allowed by IRC) 2 Fr 6'n 2'nX6'n 6FT0" 2in X 8 in 8FT 0'n • 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 wolmanized lumber,or as specified in project specifications. Wind storm approved fasteners are required at top and bottom of post. 15.0 ROOF FRAMING Sufficient bracing must be installed to remove and prevent reoccurrence of swag, and to maintain a true and even plane. Collar beams must be installed on upper 1/3 of rafter pairs,and ridge board must be placed on every 3 pairs of rafters. Puffins 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 in 16 in o.c. 14Fr 4" 2'n X 6 in 24 in o.c. 11FT10 in 2'n x 8 in 16 in o.c. 181T9 in 2in x 8'n 24'n o.c. 15FT 4'n 2in x 10 in l6'n o.c. 22FT 2" 2in x 10 in 24 in o.c. 18FT 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, 1 x is not allowed by International Residential Code(IRC) 2006. • New decking must be 1/2 inch,CDX grade plywood or 5/8 inch OSB using spacing clips for rafting spacing up to 24 inches o.c. allowing at least 1/ 8 inch clearance between seams. • Repair decking must match existing decking in dimension and design, except if design was substandard or flawed(damaged). • All roof overhangs must be a minimum of 12 inches extending horizontally out from house wall,to a maximum of 18 inches. • Engineer-designed trusses may be used in lieu of conventional framing. • 2 inch x 4 inch bracing must be cut into last two rafters and nailed to barge rafters(4 ft.per gable). 16.0 MILLWORK, CABINETS AND TRIM 16.1 Materials: Trim materials must be of select grade of white pine or equivalent. Cabinet plywood must be of A grade or equivalent(paint or stain grade as per specifications). Pine or fir plywood is not permitted for cabinets. Finger jointed material must not be allowed on surfaces to be varnished. Cabinets: • Face frames must be made of 3/4 inch A grade birch,oak or ash plywood. End panels and bottoms must be 1/2 inch,plywood. Cabinet backs and tops must be 3/8 inch,medium density board(no particle board)with filled bull nosed edge. • All Doors must be 3/4 inch A Grade birch,oak or ash plywood,trimmed with lip mold and in line with ADA regulations. • Drawer fronts must be same as doors. Sides, panels, and bottoms must be of 3/8 inch plywood. • Factory built cabinets must have plywood or solid wood fronts. Particle board is not permitted. Cabinet hardware must include the following: 1. Drawer suspension must be self-aligning three(3) points nylon roller suspension. 2. Drawer and cabinet pulls must be antique brass finished or wooden and properly fitted for ease of use. Countertops: • Countertop must be light colored roll front, roll back, preformed, granite countertop, or as per project specifications. CHDO/Contractor is to provide homebuyers with a minimum of three selections. • Finished work must be finished smooth,non absorbable and easily cleanable,free from machine or tool marks, abrasions, raised grain, etc., on exposed surfaces, and must be machine sanded and hand dressed to a smooth finish. • All molded members and trim must be mitered or coped at corners. • All measurements and dimensions must be verified by the contractor at the job. • Nails must be countersunk and filled. • Cabinets must be set level. • All joints must have countersunk nailing and glue. • Factory built wood cabinets must be installed as per plans and specifications or as factory specs dictate. • Countertop must be light colored roll front,roll back,preformed, laminated countertop,or as per project specifications. CHDO/Contractor is to provide homebuyers with three selections. Interior Trim: • Door trim must be H trim with mitered corners and installed with a 1/8 inch reveal, or specified trim. • Window trim must be SPF lumber. Window stools must have mitered bull nosed front end. • Coiling trim, where needed,must be 1-1/4 inch cove mold with mitered joints and corners. • Baseboard and shoe mold baseboard must either be a base mold,or where adjoining existing base, SPF lumber. • Shoe mold must be required in every room where sheet vinyl or hard wood flooring exists or is installed. • Wall trim must be used where paneling butts corner or where a wall is in two different planes. Wall trim for paneling must be stain grade inside or outside corners. For all others use materials as necessary. 17.0 EXTERIOR SIDING AND TRIM 17.1 Materials: Exterior sheathing must be one of the following: 1. Wood boards or sheathing panels 5/8 inch thick(no plywood). 2. Hardboard over studs 16 inches or 24 inches on center,5/8 inch thick. 3. Hardboard over existing siding 3/8 inch, thick. 4. Cement board Lap Siding on studs 16 inches, on center. If siding is not replaced,it must be: 1. Wood siding not less than 5/8 inch unless installed over sheathing. All siding must be"C"grade or better, free from loose knots and splits. 2. Plywood must be of exterior grade and must have thickness of 5/8 inch. 3. Matching existing as required. All siding replacement must be of conforming pattern,type,and color. If unable to match,entire structure must be painted to make color uniform. Exterior trim must be preservative, treated, wolmanized lumber where contact with water is likely. Otherwise lumber used must be#2 yellow pine. Building face brick must be of gas fired solid clay shale units. Structural clay tile,concrete masonry units, and stone must comply with FHA specifications, Section 703. All fasteners must be non-corrosive nails. All new exterior siding must be completed with material of like quality over 15#felt paper. Repair of trim must be done with "C" grade material. Repair of siding must be done with material of like quality over 15# felt paper. Repair of trim must be done with "C" grade material. 17.2 Methods: Trim must be complete with no pieces missing. Repaired siding must be laced into existing siding. Vinyl Siding must be installed per manufacture's specifications. Trim must be complete with no pieces missing. Repaired siding must be laced into existing siding. When new siding is placed over existing, the existing siding must fully cover the wall to supply an even surface for application of new siding. Fasteners must be long enough to penetrate into the existing structural members at least 1/2 inch. A moisture barrier(building felt paper)must be used directly under new siding. New siding—If panel siding is used all joints and panels must fall on center of framing members. For lap siding start application by fastening a wood starter strip(3/8 inch x 3/8 inch)along bottom edge of the Sill. Level and install first piece of siding so that bottom edge is at least 1/8 inch, below the starter strip. Fasteners must be 3/4 inch up from the drip edge of the siding. Butt edges must occur only at stud locations. Minimum overlap of course must be 1 inch. No siding may be placed closer than 6 inches to the exposed earth. Roof trim: • Fascia must be installed on wood band nailed to rafter tails and must be wider than the cut of the rafter. • Soffitt must be 1/4 inch all grade exterior plywood installed to rafter(when specified). • Frieze board must be installed at top plate of wall and extend to decking of roof and fit tightly between rafters (no gaps). Posts and handrails: • Columns must be a minimum 4 inch x 4 inch dimension and be treated lumber. • Handrails must be wolmanized treated lumber. • Porches must be constructed of treated lumber and porch flooring must be made of 4 inch x 4 inch wolmanized or treated lumber, rough cedar, or#2 yellow pine, with corrosive resistant nails. • Exterior door and window trim must be wolmanized treated lumber rough cedar or#2 yellow pine: with corrosive resistant nails.Gaps must be only large enough so that caulking will be sufficient to fill. 18.0 INSULATION Must be in line with ICC 2012, IBC 2012, and IRC 2012. 18.1 Materials: Exterior wall insulation:provide foil or paper faced glass fiber batts having a thermal resistance"R"value of at least R-13.Defaced wall insulation is strongly suggested. Blown insulation is acceptable but should have proper fire retardant and be placed above and below fire blocking. Ceiling insulation:provide foil or paper faced glass fiber batts having a thermal resistance"R"value of at least R-30. R factors must be the following: • Ceiling: R-30 • Wall: R-19 • Floor: R-13 18.2 Methods: Install all insulation according to manufacturer's instructions unless otherwise specified. 19.0 ROOFING 19.1 Materials: Install minimum 220 pound equivalent fiberglass seal tab Class A fiberglass composition shingle:(30 year warranty)according to manufacturer's directions. 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 30 lb. 36 inches wide. 19.2 Methods: All roofing must be applied in accordance with the International Residential Code 2012.Unless otherwise specified, all old roof covering, whether composition, wood, or built up, must be removed prior to installation of new roof. All defective, rotten, or missing sheathing, overhangs,rafter ends, and fascia must be replaced. There must not be any voids or obstructions in the sheathing, and knotholes must be covered with sheet metal. All roofing must be done in accordance with the manufacturer's recommendations,and installed in such a manner to prevent any leaks. 20.0 DEMOLITION Demolition of existing roofing must be done quickly to allow replacement before an inclement weather condition develops.Precautions must be taken to protect the existing house from water-damage at all time. All torn off material must be heaped in piles and hauled away immediately. All nails from the tear off and replacement must be picked up immediately. 21.0 COMPOSITION ROOFING Attached with felt nails in 15#felt paper overlapping rows 4 inches. Metal Roofing: • Metal roofing must be installed using a starter strip on barge rafters and indicated sections must be roofed with 5 "V" crimp metal roofing and FHA type metal drip edge. • Fasteners must be lead head nails. Built-up Roofing: • For built-up roofs,nail one ply of 30#felt. MOP two plies of 15#felt. Apply hot mopped tar and gravel, properly spaced to create a uniform and durable roof. Flashing: • All flashing and valley material must be standard grade 26 (zinc coated G90). • Valley tin must be"V"trough valley flashing(minimum 24 inches wide corrosion-resistant metal). • Galvanized or aluminum turbine vent,minimum of two. • All old valley flashing must be removed. • Shingles may be trimmed to allow 4 inches trough or may be laced over flashing. • All flashing must be installed only after all felt paper is in place. • Gables and eaves must have galvanized drip edge. • When the rake of a roof abuts a vertical wall, stepped metal flashing must be applied over the end of each course of shingles. • All pipes projecting through the roof must have metal stack flashing or neoprene rings. Areas in Flood Plain: • Areas in flood plain when elevated shall be accounted for as part of bid package and other eligible drainage shall be assumed at this point, as construction of property does not interfere with surrounding land or structures. 22.0 DOORS 22.1 Materials: All newly installed exterior doors must be 1-3/4-inch, solid core units. They must be drilled for a lockset and deadbolt. Minimum of one 36-inch door. All interior doors must be hollow core mahogany with a minimum thickness of 1-3/8 inch and must be cored for a lockset. Bedroom doors shall be minimum 32 inches. Storm doors must be of extruded construction with a minimum thickness of 1-inch x 2-inch fluted stiles,a 2-1/2-inch-wide extruded aluminum solid push bar, heavy duty kick plate, furnished with 18/16-inch aluminum mesh wire. It must be equipped with a pneumatic closer,a catch latch,and hung on a matching factory-built frame. Wooden screen doors must be of select preservative treated Western Ponderosa Fine, with dowel joint construction and furnished with 18/16-inch mesh aluminum screen wire,minimum thickness 1-1/8 inch. Pre-hung units must have a frame made of 3/4-inch material with a properly plowed jamb to receive 1-3/4 inch or 1- 3/8-inch doors. A pre-hung unit must be equipped with the door panel,jamb, and all trim. 22.2 Methods: Exterior Doors: • Pre-hung exterior doors must be installed plumb and level. Door panel must not be trimmed or manipulated in any fashion and must swing free and easy. • When a panel is to be inserted into an existing frame, the door opening must be level and made capable of holding the new door. Recommended clearance from the door edge to the jamb is 3/16 inch.The door must not be trimmed or manipulated in any fashion and must swing free and easy. • Weather proofing of bottom to prevent energy loss and pests. Peep holes shall be in accordance with ICC or IRC in use. If missed, windows on either side of door shall be installed. Interior Doors: • Pre-hung units must be installed plumb and level to insure proper operation. Bottom of the door may be cut off to allow proper ventilation and operation. • When a panel is to be inserted into an existing frame, the door opening must be level and made capable of holding the new door. Recommended clearance from the door to jamb is 3/16 in. The panel must be cut off to allow proper ventilation and operation. • Bi-folding or louvered bi-folding doors must be used where specified.They must have four panels and have pulls attached to the outside two. They must be installed plumb and must fit evenly and snug between butted panels. • Pre-hung wooden doors vented a minimum of 100 square inches,top and bottom,must be used on gas water heater closet door openings. Door must be installed plumb and level for proper operation. • Must be in line with ICC, IRC, and IBC. • Weather proofing of bottom to prevent energy loss and pests. Peep holes shall be in accordance with ICC or IRC in use. If missed, windows on either side of door shall be installed. Storm Doors: • If mounting surface is rotten or in any manner deteriorated, it must be replaced. • Storm doors must be installed with screw fasteners and must be caulked and well fitted. Screen Doors: • Wooden screen doors must be installed level and be closely fitted to insure protection from rodent and insect infiltration. If the mounting surface is rotten or deteriorated, it must be replaced. • Aluminum screen doors must comply with the specifications for storm doors, by Contractor Administrator's request. Door Repair: • Entrance doors must have 1-1/2-inch pair of door butts, weather strip threshold (made of rolled vinyl with aluminum channel backing). • Any damaged or missing parts must be replaced. • All make-shift door frames must be replaced(fill in all holes at doors to be neat and permanent). • All doors must fit and work properly. 23.0 WINDOWS All windows are required to be Low-E type, High Impact per IRC 301.2.1.2 and IRC R 613.7 or Low-E type windows with Shutter System consisting of minimum'A"thick treated plywood and each window and plywood must be numbered and kept on site at all times in case of storm. 23.1 Materials: Wooden replacement units must be constructed of"S"or"T"stiles,check rail,or plain rail. Material must be preservative treated Western Ponderosa Pine Minimum thickness of 1-3/8 inch. Aluminum units must be constructed of heavy gauge extruded aluminum sections (min. thickness .062). Exposed surfaces of all aluminum must be extruded of first-class material with no serious defects or blemishes. All joints must be neatly fitted, secure, and water tight. Windows must have standard screens over movable part of window. Aluminum screens must be removable. Screen frames must be minimum 3/8 inch x.020 gauge wire with 8-8x16 inch mesh aluminum screen wire. Vinyl spline must be used to hold wire in screen frame. Wood screens must be made of 3/4 inch material; header and sides must be a minimum of 2 inches in width;base must be 3 inches wide and must be properly doweled at joints;and screen wire must be 18 inch x 14 inch mesh. 23.2 Methods: Repairs: • Re-screening must be done with 18 inch x 14 inch, mesh aluminum screen wire. Replace screen molding with new matching molding. • Repair window with#1 material leaving no defect in frame,sill,sash,sash locks,balances,weather stripping, hardware, aluminum screen, etc. Re-glazing surfaces must be properly prepared by removal of all cracked or otherwise unsound glazing material. Proper holding devices must be installed.New glazing compounds must be of good grade and applied according to manufacturer's specifications. Type of glazing compound must conform to usage. New Windows — Energy Code Rep 2015 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. n 1 1/4;n 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 1i4 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 then attached to tack strips. • Carpet must be installed on 3/8 inch composition pad. (F H A Standard) 28.0 PAINTING 28.1 Materials: All paints must be new, sealed in their original container and carry a manufacturer's warranty. Exterior paint must carry a quality of no less than a 15 year warranty. Interior paint for walls, ceiling, and trim must carry a quality of no less than a 10 year warranty. Caulk to be minimum 20 year warrant acrylic latex. 28.2 Methods: All work must be done by skilled mechanics and must be uniform in appearance, of approved color, smooth and free from runs, sags, skips, and defective brushing. Paint must be well mixed,not settled,badly caked,or thickened in container. It must be readily broken up with a paddle to a smooth consistency and have easy brushing properties. Paint must be readily mixed. Installation rate must be no higher than the manufacturer's suggested rate of coverage.All paint materials must be delivered in original unopened containers, with labels and tag intact. Paint must be allowed to dry hard between coats,as per manufacturer's recommendation. Full coverage is required. When color,wood grain,stain,or undercoat show through the final coat of paint,the work must be covered by additional coats until the paint is uniform in color and appearance and coverage is completed. Make edges of paint adjoining other materials or colors sharp and clean without overlapping. All cracks and joints must be completely sealed with caulking compound (both interior and exterior). Caulking compound must be delivered to the job in manufacturer's unopened containers. Hardware, accessories, and fixtures must be removed and protected during painting and replaced afterwards. All work must be protected from damage by use of drop cloths. Spray painting is allowed only where indicated by individual specifications. At completion of all construction of the job,all damaged surfaces must be touched up and left in first class condition. CHDO must provide color samples for the homebuyer'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 of work will be done and must be done by licensed, bonded contractors. 29.2 Materials: Fixtures: • New Kitchen sink must be new stainless steel 6" deep double basin, 30 inches self rim unit installed in kitchen to include strainers/drain plugs,water and waste line corrections. Rim must be sealed to countertop with standard sealer(i.e. plumbers putty, dap sealer, etc). Water lines must have cut off valves at sink. Faucets must be a washer less, cartridge type, single lever unit unless otherwise specified. Unit must be chrome plated brass. • New lavatory-cast iron porcelain enamel unit. Mount securely to wall frame located as per plans. Faucet must be washer less, chrome plated brass dual control unit with water, DWV, and cut off valves. Vanity unit,when specified,must have monolithic sink and top of resin cast marble,base must be wood veneer on front and sides. • New or replaced Tub Unit-install new white enameled steel tub unit as per plans.To include new trap overflow and drain with stop valve, and water and waste connections. Valve must be washer less and high quality chrome plated brass unit with dual control,jewel handles. Install plumbing access. • New or replaced Shower Tub Unit-install new white fiberglass shower/tub unit as per plans. To include new rap overflow and drain with stop valve and water connections.Valve must be washer less and high quality chrome plated brass unit with dual control,jewel handles. • New or replaced Water Closet-install new white round bowl vitreous china low-flow type unit as per plans. To have new tank gaskets, flow valve assembly,handles, mountings, lid and seat, and water and waste water line connections. Water line must have cut off valves. Bathroom hardware must include the following: 1. Two chrome towel bars 18 inches long 2. Chrome toilet tissue holder 3. Chrome toothbrush and tumbler holder 4. Recessed wall mounted mirrored medicine cabinet 5. Lavatory wall, centered over lavatory 6. Shower unit panel kit must be ABS plastic unit sealed with matching color silicone caulk 7. Chrome shower curtain rod New or replaced dryer venting must be ducted through the exterior wall or through roof. All openings must be rodent, weather proof, and maximum length per IMC 2012. New or replaced Washer Connections-must be recessed mount box in wall with DWV and water faucets. Relocate or connect machine to operate properly as per plans. New or replaced Hose Bibs-must be installed at locations on plans. Exterior hose bibs must be the frost- proof type. Install frost-proof hose bib vacuum breaker on all exterior hose bibs. Gas Appliances: • Wall Furnace - Must be U.L. listed wall furnace. It must include all connections, piping, and fittings. Furnace must be thermostatically controlled, high efficiency, forced air, automatic fan control unit. BTU output and number of units must be determined in the individual specifications. Unit must have gas shutoff located adjacent to the unit operable. The unit must be installed by a licensed HVAC contractor.Resolution check will be required before permit is issued and required. • Install new water heater to be 30-gallon high efficiency,gas fired automatic tank type heater located as per plans. Unit must include all new venting and connections. Gas outlet and cut off must be located at front of water heater closet. Fresh air inlets are required at top and bottom to allow combustion air to vent from the outside.Installation must be according to IRC,ICC,IFC,and IPC. Piping: • New or replaced Drain, waste, and vent lines must be standard weight galvanized steel pipe with cast iron drainage fittings, or standard weight cast iron soil pipe and fittings or schedule 40 polyvinyl chloride pipe and fittings. All piping passing through the roof must be properly flashed. Must have clean-out located at exterior of house. • New or replaced Water lines must be type "L" copper, located inside wall cavities. After installation they must be pressure tested with 125 psi for 30 minutes prior to coverage.A dielectric fitting is required between piping of dissimilar metals. All water lines above ground and not inside an insulated wall cavity or ceiling/attic space will be freeze protected with 1/2-inch fiberglass insulation or 1/2-inch armor flex, sealed at all joints. • All existing gas piping is to be tested with 6 lb. mercury column. Any leaks will be reported immediately to Contract Administrator. • All year service lines(water, sewer and gas)must have a minimum of 12 inches of ground cover. • Permits are responsibility of all parties. 30.0 ELECTRICAL 30.1 General Specifications: All new electrical installations must conform to the National Electrical Code most recently adopted and city ordinance. Plans must be considered as recommended layout;however,the National Electrical Code must be the rule in all instances. New or replaced mast, meter loop, and breaker panel as per plans and work-write ups. Plans must be reviewed and approved by Inspections Department. All fixtures must be U.L. approved. GFCI protection needed per NEC and within 6 feet of water, exterior and garage must be in place at socket per water source. All wiring must be fished in wall cavities. Any surface mounted wiring must be in smooth EMT conduit or wire mold securely mounted. All wiring to washer and dryer capable of handling equipment power capacity. (HINT-with rehab panel boxes capacity shall be equal to or greater than compatible equipment and/or machines.) 30.2 Materials: Fixtures: • HINT: With rehabilitation, panel boxes capacity shall be equal to or greater than compatible equipment/machines. • Smoke and CO Detector-For all new construction and rehabilitation of multi-family properties: 110 volt U.L. listed smoke alarm unit with battery backup installed according to State of Texas property code, IRC 2015 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/omhar/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