HomeMy WebLinkAboutPR 22513: RECERTIFICATION AND ALLOCATION OF HOME PROGRAM FUNDS TO TENDER LOVING CARE CENTER FOR CHILDREN DBA LEGACY CDC City of
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Texas
INTEROFFICE MEMORANDUM
Department of Development Services
Division of Housing and Neighborhood Revitalization
Date: April 27, 2022
To: Ronald Burton, City Manager
Mayor and City Council
From: Beverly Freeman, Housing&Neighborhood Revitalization Manager
Re: P.R. 22513 —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 and Neighborhood Revitalization Division recommends City Council adopt Proposed
Resolution No. 22513, 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 $200,000 to assist with the
purchase/rehabilitation/sell and/or provide new construction and sell two (2) homes in the Downtown
Affordable Housing Target Area and/or City-wide. Developer fees in the amount not to exceed $16,000
($8,000 per location)will be provided.The Developer fees will be disbursed 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 assistance will be provided as a direct benefit to the low
and moderate-income persons/families at closing of the property. All homes will be sold at appraised value.
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 to eligible Community Housing Development Organization(CHDO)development 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 obligated themselves to meet the
requirements of the HOME Program and all other Federal Regulations and requirements 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.
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 the not to exceed total amount of$216,000 will be provided by the Federal HOME Program
CHDO Set-aside funds as follows:
Description Amount Account&Project Numbers
Purchase/Rehabilitate/Sell and/or
Provide New Construction of Three(3) Homes$200,000 108-13-033.5470-00-40-000-HE2101
Developer Fees $ 16,000 108-13-033.5470-00-40-000-HE2101
Down payment&Closing Costs Assistance shall be provided by the City as a direct benefit to the low
and moderate-income homebuyers to assist with the purchase of new construction or existing homes. The
potential homebuyer may qualify to receive up to $40,000 for new construction and $14,995 for an
existing home from the City's HOME& CDBG Programs. An additional $30,000 per location may be
available from the Port Arthur Economic Development Corporation.
P. R. 22513
04/27/2022 E
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE RE-CERTIFICATION OF
TENDER LOVING CARE CENTER FOR CHILDREN, (TLCCC)
D/B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION,
(LEGACY CDC)OF PORT ARTHUR, TEXAS,AS A COMMUNITY
HOUSING DEVELOPMENT ORGANIZATION, (CHDO) AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CON 1RACT
WITH TENDER LOVING CARE CENTER FOR CHILDREN D/B/A
LEGACY COMMUNITY DEVELOPMENT CORPORATION FOR
NEW CONSTRUCTION OR PURCHASE/REHABILITATE/SALE TWO
(2) HOMES IN THE DOWNTOWN AFFORDABLE HOUSING
TARGET AREA OR CITY-WIDE.THE TOTAL AMOUNT FOR SAID
ACTIVITIES IS AN AMOUNT NOT TO EXCEED $216,000.00
FROM THE FEDERAL HOME PROGRAM,ACCOUNT NUMBER
108-13-033-5470-00-40-000, PROJECT NUMBER HE2101.
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 21-130,(authorizing submission
of a 2021 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 (TLCCC) d/b/a Legacy Community
Development Corporation (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 persons/
families; and,
WHEREAS, TLCCC d/b/a 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 d/b/a Legacy CDC as a Community Housing Development Organization (CHDO) as
identified in the attached Exhibit"A"; and,
WHEREAS,TLCCC d/b/a Legacy CDC has obligated themselves to assist the City with meeting the
requirements of the HOME program and all other Federal Regulations and requirements 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,Developer fees will be provided to the CHDO in an amount not to exceed$16,000;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 TLCCC d/b/a Legacy CDC for new construction or purchase/rehabilitation/sell of two(2)
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 d/b/a Legacy CDC in the not to exceed total
amount of$216,000.00 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 Tender Loving Care Center
for Children d/b/a Legacy Community Development Corporation in the not to exceed total amount of
$216,000.00 for the purchase/rehabilitation/sell and/or provide new construction of two(2)homes to low and
moderate-income persons/families in the Downtown Affordable Housing Target Area or City-wide;and,as
outlined herein and further described in the contract attached hereto in substantially the same form as Exhibit
«B1,
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 May,A.D.,2022 at a Regular Meeting of
the City Council of the City of Port Arthur, Texas by the following vote:
AYES:
MAYOR
COUNCILMEMBERS
NOES:
MAYOR, THURMAN "BILL" BARTIE
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
(1Z-C
AL TIZEN , CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RONALD BURTON, CITY MANAGER
1`J
BEVERLY F MAN, HOUSING AND
NEIGHBORHOOD REVITALIZATION MANAGER
APPROVED THE AVAILABILITY OF FUNDS
KANDY D IEL, ACTING FINA CE DIRECTOR
EXHIBIT "A"
RE-CERTIFICATION FORM
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EXHIBIT "B"
CONTRACT BETWEEN THE CITY OF
PORT ARTHUR
AND
TENDER LOVING CARE CENTER FOR
CHILDREN D/ B/A LEGACY
COMMUNITY DEVELOPMENT
CORPORATION
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 May , 2022 and shall terminate on
May , 2023, unless otherwise specifically provided by the terms of this contract.
SECTION 3. CHDO'S PERFORMANCE
The CHDO shall purchase/rehabilitate/sell and/or provide new construction and sale of two (2)
homes for low and moderate-income persons/families. Projected sales prices shall range from
$135,000 to $185,000.00, as established by an appraisal. The homes are required to be sold to
low and moderate-income persons/families by May , 2023. It is understood by all parties
that if the two (2) homes are not sold by May , 2023, 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 1,500 sq. ft. maximum.
The homebuyers are required to participate in a Homebuyer Education Class for a minimum of
eight (8) hours, which shall include a homebuyer orientation and education course, credit and
budget workshops, one on one counseling, pre-purchase and post-purchase counseling.
The homebuyers are required to maintain the property as their primary residence for the a
applicable period of affordability of five (5) for existing home purchase or 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 ensure 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 a home is not
sold nine (9) months after issuance if the Certificate of Occupancy, it is agreed to by all parties, the
new construction home will convert to a rental unit in accordance with 24 CFR 92.
Tender Loving Care Center for Children d/b/a Legacy Community Development
Corporation, CHDO shall ensure the homebuyer understands and will maintain the property as
their primary residence for the applicable period of affordability of five (5) years with the
purchase of an existing home and 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.
Two Hundred Thousand and no/100 ($200,000.00) is being provided for the
purchase/rehabilitation/sell and/or new construction and sell of two (2) 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.
Sixteen Thousand and no/100 ($16,000.00) 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.
Forty Thousand and no/100 ($40,000.00) in down payment and closing costs assistance for
new construction or Fourteen Thousand Nine Hundred Ninety-Five ($14,995.00)for existing
home purchase 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 other eligible 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 the total amount not to exceed
$216,000.00, 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 Two Hundred
Sixteen Thousand and No/100 ($216,000) to assist with the purchase/rehabilitation/sell and/or
provide new construction and sell of two (2) 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. The 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 as applicable.
D. The City will release land acquisition funds for appraisals and surveys at the time an invoice is
provided by CHDO, as applicable, 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 required to return the HOME Program CHDO Proceeds funds, that are identified
as HOME Program Income at the close and funding of the projects meaning any income derived
specifically from the use of HOME funds by CHDO, in accordance with 24 CFR 92.300 (a) (6) (ii).
C. CHDO shall be required to provide reports detailing the operation, performance and the eligible
use and flow of HOME funds used by CHDO. 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. 1701u., that mandates that HUD ensures employment and other economic opportunities
generated by its housing and community development assistance programs are directed toward
low and very-low income persons, particularly those who are recipients of government assistance
for housing. The regulations are found at 24 Code of Federal Regulations Part 135. The 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 CircularA-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. 1701 u.: 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
subCHDOs, 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: Ronald 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 , 2022.
CITY OF PORT ARTHUR
By:
Ronald Burton,
City Manager
ATTEST:
Sherri Bellard, City Secretary
Signed and Agreed to on the day of , 2022.
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 May, 2023. In the event the homes are not completed and sold to low
and moderate income homebuyers by May, 2023, the assets and complete existing and/or
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 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 five years for an existing home and ten (10)
years for 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 May , 2023. In the
event the homes are not completed and sold to low and moderate-income homebuyers by
May , 2023, it is understood and agreed to by all parties the assets and complete
ownership of the existing and/or 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 two (2) units $200,000.00
CHDO Developer Fees ($8,000 per home) $ 16,000.00
Grand Total shall not exceed $216,000.00
The City shall provide down payment & closing costs assistance as a direct benefit to
the low and moderate-income homebuyers in the amount of$14,995.00 for the purchase
of existing homes and/or up to $40,000 for the purchase of new construction homes.
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:
May , 2022 May , 2023
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
/Sell 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.
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
Tender Loving Care Center for Children
d/b/a Legacy Community Development Corporation
EXHIBIT F
TEXAS GOVERNMENT CODE
(SECTION 2306.514)
Construction Requirements
Sec. 2306.514. CONSTRUCTION REQUIREMENTS FOR SINGLE FAMILY AFFORDABLE
HOUSING.
(a) If a person is awarded state or federal funds by the department to construct single family affordable
housing for individuals and families of low and very low income,the affordable housing identified on the
person's funding application must be constructed so that:
(1)At least one entrance door, whether located at the front, side, or back of the building:
(A) is on an accessible route served by a ramp or no-step entrance; and
(B) has at least a standard 36-inch door;
(2) On the first floor of the building:
(A) each interior door is at least a standard 32-inch door, unless the door provides access
only to a closet of less than 15 square feet in area;
(B) each hallway has a width of at least 36 inches and is level, with ramped or beveled
changes at each door threshold;
(C) each bathroom wall is reinforced for potential installation of grab bars;
(D) each electrical panel, light switch, or thermostat is not higher than 48 inches above the
floor; and
(E) each electrical plug or other receptacle is at least 15 inches above the floor; and
(3) if the applicable building code or codes do not prescribe another location for the breaker
boxes, each breaker box is located not higher than 48 inches above the floor inside the building on
the first floor.
(b)A person who builds single family affordable housing to which this section applies may obtain a
waiver from the department of the requirement described by Subsection (a)(1)(A) if the cost of grading
the terrain to meet the requirement is prohibitively expensive.
Housing built in accordance with the plans for the 2017 version of 2 bedrooms 2 baths prepared by this
office for the City of Port Arthur dated October 21, 2020, when used in conjunction with outline
specifications of same date, comply with the provisions of the Texas Government Code 2306.514
Construction Requirements for Single Family Affordable Housing.
Signed:
Vivian Ballou, Date
Executive Director,
Tender Loving Care Center for Children
d/b/a Legacy Community Development Corporation
7i•..e.
EXHIBIT G
City of Port Arthur, Texas
Housing AssistancePrograms
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 State HOME Disaster Program,
Federal Community Development Block Grant(CDBG and HOME Investment Partnerships Program
(HOME Program) and Neighborhood Stabilization Program (NSP) live in housing which is safe,
decent and affordable. Furthermore,the Texas Minimum Construction Specifications should ensure
the investment of public and homeowner funds as it is designed to lengthen the term of affordability
and preserve habitability.
However , COPA has the specifications for IRC 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,Q DEFINITIONS ANDACRONYMS
I . 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. HIC - 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 Insurance must also include a statement to that effect that a
thirty (30)day notice of cancellation of insurance must be given to the Contract Administrator with
the following:
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.
a. Vehicle liability insurance (full coverage).
b. Statutory Workman's compensation.
Notice to Proceed-The Contractor will begin work within ten(10)days of the issuance of the Notice
to Proceed (unless otherwise stipulated).
The number of work days must be set out in the contract.
If work is not finalized by the City Inspector or flaws are observed (48 hours to correct) upon
completion of the work and acceptance by the Contract Administrator and the homeowner; the
Certificate of Final Inspection and verification is issued and the Warranty Period begins.
Thirty(30) days after the issuance of the Final Inspection and verification , all retainage, "money or
forms ofpayment towards completion fees of inspection",is released to the Contractor,except in cases
where it is determined that the retainage should not be released.
4_0 COMPENSATION
Payments are made when the project reaches 40%or 80%,and 100%upon completion of inspections
and at thirty (30) days after the Final Inspection and verification is issued.
All requests for payments will be made as follows:
The Contractor will submit in writing to the Contract Administ rator,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 ofBid Form if
no schedule is submitted.
The Contract Administrator will inspect such work as soon as possible(usually within one(1)business
day) from receipt of such request by the Contractor.
The Contract Administrator will provide a completed Progress Payment form for signature to the
Contractor for work for which payment is authorized.
The Contract Administrator will then request the homeowner to execute the Progress Payment form.
The Contract Administrator will normally pay the Contractor within ten(10) calendar days from the
date of the owner's signature.Payment will be issued based on the Contract Administrator's Financial
Department's pay day schedule.
All work must be done by licensed, insured contractors and accomplished with care and m a
workmanlike manner.
All materials must be new (unless otherwise specified in the Project manual) and of a good quality.
Product Submittals-contractor must provide samples to the Homeowner for selection for all materials
as cited in the individual specifications and provide reasonable time to the homeowner to make
selections. Contractor must provide written submittal with the homeowner's signature of approval to
the Contract Administrator. Items to be submitted for approval: paint, flooring materials, brick,
shingles, color of vinyl siding, counter tops, appliances or any other item which can be selected
according to style, color or other factor but not affecting the price or quality of such item.
5e0 PROJECT CLOSE-OUT
Remove all construction debris from the site daily. Clean and mop all resilient floors. Clean all new
and existing paint from other finished surfaces including window glass and mirrors.
Operating Items:Leave all newly installed items in operating condition,light,gas,water heater pilots,
and gas heater pilots, all systems should be ready to start
Preparation of Structure: Prepare structure for homeowner's occupancy.
Utilities: Use existing or provide at Contractor's expense if existing is insufficient.Homeowner must
provide all existing utilities as is and must be responsible for continuous maintenance and payment of
existing utilities. Contractor will be responsible to determine utility needs to provide adequate sanitary
facility and to safely operate equipment at all times on site.
Unforeseen damage or Change in Scope of Work:Discovery of defective elements made known to the
Contractor before or during the construction process must be brought to the immediate attention of the
Contract Administrator in writing. When repairs are made, the repairs must reasonably match the
surrounding materials in original design and dimension as approved by the Contract Administrator.
Where additional work is necessary to make repairs or to correct unforeseen dangerous conditions,the
Contractor must submit to the Contract Administrator a work write-up of the work,cost of such work,
and the time necessary for such work. Unless it is determined there exists an immediate health and
safety danger, NO WORK MUST BE AUTHORIZED until agreed upon in writing by the
homeowner, Contractor, and Contract Administrator. Compensation for additional work will be
negotiated in the following manner:
1. The deletion of work proposed, but not started; or if that is not possible;
2. An increase to the dollar amount of the contract,however,approval of such increase require
the homeowner, contractor, Contract Administrator, and State of Texas HOME program
written approval.
3. Additional work-no other work must be done to the project other than the work agreed upon
in writing by the homeowner, Contract Administrator and contractor or as necessary to
remove immediate health and safety dangers during the construction phase.
6_0 THE JOB SITE
At the job site the contractor must obtain and display all permits and inspection tags as required by the
local Inspection Department.
The Contractor must use the site and its facilities only for the construction stipulated in the "work
write-up". The electrical, sanitary waste,water, and gas systems must be used only for construction
purposes and during the construction phase or during warranty work.
Any discrepancy in the contract documents must immediately be brought to the attention of the
Contract Administrator.
All contractors must display signage upon vehicles as state law requires.
All contractors must be licensed and insured with the City of Port Arthur,and in line with State Boards
of Licensure and Contracts.
7 Q 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 ii 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%.
E,Q 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
6_1 Methods:
Piers and Pads
• Piers must be solid,monolithic,reinforced concrete with minimum dimensions of 8 inches x 8 inches
x(d+4 inches).(d=distance from bottom of sill to existing ground surface-minimum of 12 inches). If
pier is placed on pad, minimum dimension must be 8 inches x 8 inches x d. Termite shields are
required, 8 inches x 8 inches x 16 inches hollow concrete with gauge 14 strap wind storm approved.
Seal empty cells with concrete 2500 psi.
• Pads must be monolithic concrete pad, 16 inches x 16 inches x 4 inches. They must be set on firm
prepared soil below existing ground surface, 24 inches x 24 inches x 8 inches, minimum of 1 inch
below natural ground; must be secured to the blocking with minimum 3# rebar. Termite shields
required.
• All piers must have termite pans.
Stews
• 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 comer.When set,the rise from the top step to the wearing surface must be the same as the rise for
the steps or be in the wearing surface plane.
• Hollow poured steps must be formed and poured over an 8 inch x 16 inch footer.Wall thickness must
be a minimum of 4 inches. The treads must be broom finished.
• See attachment on stairs,patios,decks,for flood prone areas.(FEMA Requirement)
Slab on Grade
• All concrete slabs must be poured monolithically and be a mm lmum of 4 inches thick.Reinforcing
must be 6 inches X 6 inches,#6 Welded wire fabric unless otherwise specified.Top of slab poured
on existing grade must be a minimum of 1/2 inch above surrounding soil level.All slab designs and
executions must concur with the requirements of the International Residential Code 2006.
• Before concrete is poured,a slab inspection must be requested from the Contract Administrator and
then must pass inspection.All slabs and driveways must meet Contract Administrator codes and be
inspected.
• Walks must be poured monolithic to expansion joints. Reinforcing must be 6 inch x 6 inch, # 10
welded wire fabrics. Width must be a minimum of 36 inches wide with a broom finish. Control joints
must be spaced the width of the walk.Expansion joints must be spaced at a maximum of 20 ft. at all
radius points,elevation changes(i.e.steps,porches,etc.)and at back of curb.Expansion joint material
can be 1/2 inch asphalt impregnated material or 1/2 inch redwood.Slab thickness must be a minimum
of 4 inches.
• Driveways must be monolithic poured slab with a broom finish and a minimum thickness of 4 inches;
Reinforcing must be 6 inch x 6 inch# 10 welded wire fabrics.The slab will be poured on a 2 inch sand
cushion(compacted).Expansion joints will be spaced a maximum of 20 linear feet not to exceed 30
sq.yards in one block. Expansion joints will be used at all radius points, sidewalk intersections,and
house slab tie-ins.Expansion joint materials can be 1/2 inch,asphalt impregnated material or 1/2 inch
redwood.
• Exterior beams must have a minimum width at top of beam of 18 inches,and may taper down to 14
inches at the bottom. Exterior beams to have a minimum of 4, #5 (5/8 inch)rebar' s,two
(2) at the top and two (2) at the bottom, set on 3/8 inch stirrups or #6 wire mesh cut to fit.
Exterior beam must extend a minimum of 6 inches into undisturbed soil. Exterior beam must
be a minimum of 24 ft. in height.
• Interior beams must be minimum of 18 inches,in height and should have two#4(1/2 inch)rebar's side
by side 6inches, off bottom of beam set in 3/8 inch stirrups or #6 wire mesh cut to fit at 3 ft. 0/C.
Interior beams width to be 16 inches in width at top and may taper to 8 inches at bottom. #4 Rebar is
to have a minimum lap of 12 inch es.#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 reasonable plumb, level , and fully
operational.
Correct over spans by installing stringers and/or floor joists. Stringers are to be placed on concrete
pads and piers.
All sills must have 12 inches minimum clearance above the ground when leveling is to be done
unless otherwise specified. Warranty
Skirting
• Cover indicated area with galvanized weatherboard metal foundation skirting fastened with self
tapping sheet metal screws. Vinyl is required in areas of A or V Flood Zones.
• Skirting must extend 4 inches below and at least 18 inches above grade and be lapped and fastened
under siding on the same horizontal line of the entire wall or side of building.
• Skirting must have ventilation openings a minimum of 4 ft. from each corner,and no less than every 8
vent openings should be covered by louvered screened vents,and should be a minimum of 50 square
inches.
• Creep-hole Door must be hinged and be constructed of such material to conform with foundation
skirt,and must be of adequate size for entrance into crawl space.(minimum 16-inch x 24 inch per IRC
2006 R408 .4).
• PVC, fabric, mesh, and all other materials shall be to ANASI requirements.
Foundation Drainage
When existing grades or excavations allow water to accumulate under the structure, a drainage ditch
must be dug so water must drain away from the house. Ditch must be located as per individual
specification. Open ditches which constitute a tripping hazard must be replaced with French drains.
French drain will be constructed of 6 inch perforated PVC drain field line and installed in a ditch at
least 12 inches in depth and 8 inches wide. The ditch will be back filled with P gravel and the drain
line protected with fabric mesh.The drain line must be placed at least 2 inches above the bottom of the
ditch and centered to allow gravel to surround it. Discharge must be a minimum of 10 ft. from the
closest edge of the structure and at least 10 inches below the grade level of the structure. Whenever
possible, foundation drainage problems will be corrected through regarding,filling,compacting and
planting of surrounding area. French Drains are not allowed in Port Arthur, only American drains.
• Drainage is not allowed to drain on to someone else's property.
10.0 MASONRY
10.1 Materials:
1. Portland cement: ASTM C 150. Typel
2. Masonry Cement: ASTM C 91
3. Aggregate: ASTM C 144
4. Brick: Facing brick ASTM C 216-71, grade MW,type FBS
10.2 Methods:
Do not install cracked,broken, or chipped masonry units.
Lay masonry units plumb,true to line and with level courses accurately spaced within allowable tolerances.
Adjust masonry units into final position while mortar is soft and plastic.
Lay masonry units with full mortar coverage on horizontal and vertical joints.
Provide weep holes in head joints in first course and immediately above all flashing. Maximum spacing is
33 inches.
Attach masonry veneer to backing with metal veneer ties. Use at least one tie per 4 square feet of veneer.
Brick ties 16 inches o-c required, requires inspection.
Dry brush masonry surface after each day's work. Scrub with acceptable cleaning agent.
11.0 WOOD AND PLASTICS
11.1 Materials:
All lumber must be identified by the appropriate grade stamp.
All new or replaced wood in contact with concrete, earth, or within 12 inches of ground level must be
pressure treated or womanized lumber, or lumber with natural resistance to decay.
Bridging must be#2 yellow pine or fir, graded and stamped as such. (fir in non-load bearing areas only)
12.0 ROUGH CARPENTRY
12.1 Methods:
All lumber must be fastened as detailed in IRC 602 and all Tables of the International Residential
Code (IRC) 2006.
All framing must be constructed to comply with the International Residential Code (IRC)2006, and any
local ordinances and specifications provided. Framing must also be 120-130 mph wind speed and wind
storm protection.
13.0 FLOOR FRAMING
• Minimum allowable spans for floor joists are:
Size Spacing Max. Span
inX6in 16inoc 9FT1lin
in X6in 24 inoc 8FI8 in
in X6in 16 in oc 13FT 1 in
in X 6in 24 inoc 11 FT 5 in
• All new or replaced floor joists must be supported at their extreme ends by either a 2 inch x 4 inch
ledger or metal joint hanger. Toe nailing only will not be acceptable . Splicing of floor must be
properly reinforced (bridging). Ledger must be the nominal size as the joists its supports and lag
bolted to the structure.
• Remove deteriorated floor joints and replace with new joints of same dimensions.
• All sub-floor must be 1 inch, nominal dimension or not less than 5/8 inch , exterior grade plywood
(with 15 pound felt paper moisture barrier)joined over a joist or solid bridging except when using end
match lumber.
Q 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
2m X 4m(not allowed by IRC) 2 FT 6 in
in X 6in 6 FTQin
in X 8 in 8 FT Qin
• Unless plywood(4 ft. X 8 ft. X V2 inch, CDX)grade sheathing, or other approved materials is used for
bracing,new corner posts on exterior wooden walls must be diagonally braced with a 1 inch x 4 inch x
No.#2 grade lumber let in at each corner from the bottom to the top plate or galvanized metal corner brace.
Entire exterior wall is required to be sheathed.
• To repair walls, use lumber of such dimension as will allow the finished surfaces on both sides of
the wall to be smooth and continuous.
• Posts for porch framing must be SPF 4 inch x 4 inch womanized lumber, or as specified in project
specifications. Wind storm approved fasteners are required at top and bottom of post.
15.0 ROOF FRAMING
Sufficient bracing must be installed to remove and prevent reoccurrence of swag, and to maintain a
true and even plane.
Collar beams must be installed on upper 1/3 of rafter pairs, and ridge board must be placed on every 3
pairs of rafters.
Purlins must be installed perpendicular to rafters to allow bracing to load bearing walls and to remove
and/or prevent reoccurrence of swag.
Load bearing wall rafter supports must be installed along purlins to even roof rafters to one another in
such a manner as to provide the decked roof surface to be in a true and even plane.
Ceiling joist strong-backs must be installed to support existing 2 inch x 6 inch ceiling joists. The
strong-back must be a minimum 2 inch x 6 inch fastened to 2 inch x 4 inch. Unit is to be set and
fastened along middle of joist span and ends must be fastened at top plate of nearest wall.
• Maximum allowable spans for ceiling joists must be as follows:
Size Spacing Max. Span
In x 61Il 16 in oc 14FT 4"
in X6in 24 in oc. 11 FT10 in
1/Ix 8 in 16 in o.c. 13FT9in
in x 8 in 24 in o.c. 15FT 4in
in x 1O in 16 in o.c. 22FT 2"
in x 10 in 24 in o.c. 18FT1 in
• Ceiling joists must be continuous or may be joined together over a partition to provide a
continuous tie across the structure.
• All damaged or deteriorated rafters and all connecting boards must be removed entirely and
splicing must not be permitted.
• Barge rafters must be installed on every gabled roof(to be same size as rafters).
• When rafter tails are to be replaced,they must be cut back flush with exterior siding.New rafter tails
must be scabbed on 2 ft. on existing rafter and of same dimension as existing.
• When a ridge board is required, it must be a minimum of 1 inch thickness and not less than 1 inch in
depth than the cut end of the rafter it joins(one size larger than rafters to be used).Ridge board must
be 2x8 minimum , lx is not allowed by International Residential Code(IRC)2006.
• New decking must be 1/2 inch, CDX grade plywood or 5/8 inch OSB using spacing clips for rafting
spacing up to 24 inches o.c. allowing at least 1/8 inch clearance between seams.
• Repair decking must match existing decking in dimension and design, except if design was
substandard or flawed(damaged).
• All roof overhangs must be a minimum of 12 inches extending horizontally out from house wall,to a
maximum of 18 inches.
• Engineer-designed trusses may be used in lieu of conventional framing.
• 2 inch x 4 inch bracing must be cut into last two rafters and nailed to barge rafters(4 ft.per gable).
16.0 MILLWORK, CABINETS AND TRIM
16.1 Materials:
Trim materials must be of select grade of white pine or equivalent. Cabinet plywood must be of A
grade or equivalent(paint or stain grade as per specifications).Pine or fir plywood is not permitted for
cabinets.
Finger jointed material must not be allowed on surfaces to be varnished.
Cabinets:
• Face frames must be made of 3/4 inch A grade birch, oak or ash plywood. End panels and bottoms
must be 1/2 inch,plywood.Cabinet backs and tops must be 3/8 inch,medium density particle board
with filled bull nosed edge.
• Doors must be 3/4 inch A Grade birch, oak or ash plywood,trimmed with lip mold and in line with
ADA regulations.
• Drawer fronts must be same as doors. Sides,panels, and bottoms must be of 3/8 inch plywood.
• Factory built cabinets must have plywood or solid wood fronts. Particle board is notpermitted.
Cabinet hardware must include the following:
1. Drawer suspension must be self-aligning three (3)points nylon roller suspension.
2. Drawer and cabinet pulls must be antique brass finished or wooden and properly fitted for ease of use.
Countertops;
• Countertop must be light colored roll front, roll back, preformed, laminated countertop, or as per
project specifications. Contractor is to provide homeowner with a minimum of three selections.
• Finished work must be finished smooth,non absorbable and easily cleanable, free from machine or
tool marks,abrasions,raised grain,etc.,on exposed surfaces,and must be machine sanded and hand
dressed to a smooth finish.
• All molded members and trim must be mitered or coped at corners.
• All measurements and dimensions must be verified by the contractor at the job.
• Nails must be countersunk and filled.
• Cabinets must be set level.
• All joints must have countersunk nailing and glue.
• Factory built cabinets must be installed as per plans and specifications or as factory specs dictate.
• Countertop must be light colored roll front, roll back, preformed, laminated countertop, or as per
project specifications . Contractor is to provide homeowner with three selections.
Interior Trim:
• Door trim must be H trim with mitered corners and installed with a 1/8 inch reveal,or specified trim.
• Window trim must be SPF lumber. Window stools must have mitered bull nosed front end.
• Coiling trim,where needed, must be 1-1/4 inch cove mold with mitered joints and corners.
• Baseboard and shoe mold baseboard must either be a base mold, or where adjoining existing base,
SPF lumber.
• Shoe mold must be required in every room where sheet vinyl or hard wood flooring exists or is
installed.
• Wall trim must be used where paneling butts comer 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 nail s.Gaps must be only large enough so that caulking will be sufficient to fill.
1$+Q INSULATION
Must be in line with ICC, IBC, and IRC.
18.1 Materials:
Exterior wall insulation: provide foil or paper faced glass fiber batts having a thermal resistance "R"
value of at least R-13.Defaced wall insulation is strongly suggested.
Blown insulation is acceptable but should have proper fire retardant and be placed above and below
fire blocking.
Ceiling insulation:provide foil or paper faced glass fiber batts having a thermal resistance"R"valueof
at least R-30.
R factors must be the following:
• Ceiling: R-30
• Wall: R-19
• Floor:R-13
18.2 Methods:
Install all insulation according to manufacturer's instructions unless otherwise specified.
19.0 ROOFING
19.1 Materials:
Install minimum 220 pound equivalent fiberglass seal tab Class A fiberglass composition shingle:(20
year warranty)according to manufacturer's directions.Homeowner is to choose one color from three
choices (to be light colors only).
Fiberglass shingles have class A label.
Asphalt shingles should have a Class C label.
Felt should be 15 lb. 36 inches wide.
19.2 Methods:
All roofing must be applied in accordance with the International Residential Code 2006. Unless
otherwise specified, all old roof covering,whether composition,wood, or built up,must be removed
prior to installation of new roof.
All defective, rotten, or missing sheathing. overhangs. rafter ends, and fascia must be replaced.
There must not be any voids or obstructions in the sheathing, and knotholes must be covered with
sheet metal.
All roofing must be done in accordance with the manufacturer's recommendations, and installed in
such a manner to prevent any leaks.
20.0 DEMOLITION
Demolition of existing roofing must be done quickly to allow replacement before an inclement
weather condition develops. Precautions must be taken to protect the existing house from water-
damage at all tim e.
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 Roofingz
• 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.
Jnterior 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 deterio rated, it must be replaced.
• Storm doors must be installed with screw fasteners and must be caulked and well fitted.
Screen Doors:
• Wooden screen doors must be installed level and be closely fitted to insure protection from rodent and
insect infiltration. If the mounting surface is rotten or deteriorated, it must be replaced.
• Aluminum screen doors must comply with the specifications for storm doors, by owner' s request.
Door Repair:
• Entrance doors must have 1-1/2 inch pair of door butts,weather strip threshold(made of rolled vinyl
with aluminum channel backing).
• Any damaged or missing parts must be replaced.
• All make-shift door frames must be replaced (fill m all holes at doors to be neat and permanent).
• All doors must fit and work properly.
23.0 WINDOWS
All windows are required to be Low-E type, High Impact per IRC 301.2.1.2 and IRC R 613.7
23.1 Materials:
Wooden replacement units must be constructed of"S" or"T" stiles,check rail, or plain rail.Material
must be preservative treated Western Ponderosa Pine Minimum thickness of 1-3/8 inch.
Aluminum units must be constructed of heavy gauge extruded aluminum sections (min. thickness
.062). Exposed surfaces of all aluminum must be extruded of first class material with no serious
defects or blemishes. All joints must be neatly fitted, secure, and water tight. Windows must have
standard screens over movable part of window.
Aluminum screens must be removable. Screen frames must be minimum 3/8 inch x .020 gauge wire
with 8-8x16 inch mesh aluminum screen wire.Vinyl spline must be used to hold wire in screen frame.
Wood screens must be made of 3/4 inch material; header and sides must be a minimum of 2 inches in
width; base must be 3 inches wide and must be properly doweled at joints; and screen wire must be 18
inch x 14 inch mesh.
23.2 Methods:
Repairs:
• Re-screening must be done with 18 inch x 14 inch, mesh aluminum screen wire. Replace screen
molding with new matching molding.
• Repair window with#1 material leaving no defect in frame sill, sash, sash locks,balances, weather
stripping,hardware,aluminum screen,etc.Re-glazing surfaces must be properly prepared by removal
of all cracked or otherwise unsound glazing material.Proper holding devices must be installed.New
glazing compounds must be of good grade and applied according to manufacturer's specifications.
Type ofglazing compound must conform to usage.
New Windows - Energy Code Rep 2006 IECC CODE:
• If new windows are to be insta lled,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.
ZiQ 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 .
Q 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. 'm 1 1/4 in flathead
6 o.c 5/s in 1 7/s 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
i'2 in 8 in. o.c. 1 1/4 in
flathead
t:4 in 8 in o.c. 1 7/8 in
flathead
5a 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 Wand 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 great r 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 comer 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 .
2LQ 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.
2Li. 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. (FHA Standard)
2,$,,Q 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 warranty acrylic latex.
8.2, Methods:
All work must be done by skilled mechanics and must be uniform in appearance,of approved color,smooth
and free from runs, sags, skips, and defective brushing.
Paint must be well mixed,not settled,badly caked,or thickened in container.It must be readily broken up
with a paddle to a smooth consistency and have easy brushing properties.
Paint must be readily mixed.
Installation rate must be no higher than the manufacturer's suggested rate of coverage. All paint materials
must be delivered in original unopened containers,with labels and tag intact.
Paint must be allowed to dry hard between coats,as per manufacturer's recommendation.Full coverage is
required.
When color,wood grain,stain,or undercoat show through the final coat of paint,the work must be covered
by additional coats until the paint is uniform in color and appearance and coverage is completed.
Make edges of paint adjoining other materials or colors sharp and clean without overlapping.
All cracks and joints must be completely sealed with caulking compound (both interior and exterior).
Caulking compound must be delivered to the job in manufacturer's unopened containers.
Hardware, accessories, and fixtures must be removed and protected during painting and replaced
afterwards.
All work must be protected from damage by use of drop cloths.
Spray painting is allowed only where indicated by individual specifications.
At completion of all construction of the job, all damaged surfaces must be touched up and left in first
class condition.
Contractor must provide color samples for the homeowner's approval.
NOTE: LEAD BASE PAINT MUST NOT BE USED.
Exterior Painting:
• Exterior painting must be performed when weather conditions are acceptable as recommended by
the manufacturer. Back prime unpainted wood with one coat of primer, and paint with mildew
retardant.Nail holes, splits,or scratches must be puttied,caulked or spackled smooth after prime
coat. Knots and pitch streaks must be spot primed with a quality stain killer. Wood surfaces must
have smooth finished surface when painted.
Interior painting:
• Walls and ceiling stained by water must be treated with a quality stain killer prior to painting.At no
time will latex paint be used to cover oil base paint. All trim and wood must receive two coats of
semi-gloss oil base enamel paint.
Porch and Floor Enamel:
• Paint shall be sensibly chosen based on resistance and interior and exterior sections of the porch.
All surfaces must be cured, dry and cleaned free of conditions that would adversely affect the
performance of the coating.Prime according to product specifications .
29.0 MECHANICAL.
29.1 General Specifications:
All plumbing installations must conform to the current IPC, ICC, and IFC.
When house is to be raised or lowered , temporary connections must be provided to have
continuous operation of all systems by the homeowner.Any interruption of service must not exceed
28 hours.Homeowner must be notified at least 24 hours prior to expected interruption,and must be
notified when system is once again operational. Gas systems shall be checked by licensed plumber
and a report must be provided to the COPA inspectors .
Relocate house lines to new or relocated fixtures. Install new venting to new fixture locations.All
lines must be located in wall cavities and under foundation. Include roof jacks and flashing where
necessary.
If lines can be repaired they must be repaired as needed to be in good operating condition and free
of defects.
Required inspections by work done must be by licensed, bonded contractors.
212 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 2015.
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 Saecifications;,
All new electrical installations must conform to the National Electrical Code most recently adopted
and city ordinance.
Plans must be considered as recommended layout; however,the National Electrical Code must be
the rule in all instances.
New or replaced mast,meter loop,and breaker panel as per plans and work-write ups.Plans must be
reviewed and approved by Inspections Department.
All fixtures must be U.L. approved. GFCI protection needed per NEC and within 6 feet of water,
exterior and garage must be in place at socket per water source.
All wiring must be fished in wall cavities.Any surface mounted wiring must be in smooth EMT
conduit or wire mold securely mounted.
All wiring to washer and dryer capable of handling equipment power capacity. (HINT-with rehab
panel boxes capacity shall be equal to or greater than compatible equipment and/or machines.)
30.2 Materials:
Fixtures:
• HINT: With rehabilitation, panel boxes capacity shall be equal to or greater than compatible
equipment/machines.
• Smoke and CO Detector-For all new construction and rehabilitation of multi-family properties:
110 volt U.L. listed smoke alarm unit with battery backup installed according to State of Texas
property code, IRC 2006 and manufacturer's recommendation at location(s) specified on project
specifications.Also at least one carbon monoxide detector must be installed if natural gas or other
combustible is used as fuel source.
• Smoke and CO Detector-For Rehabilitation of owner occupied housing: battery operated smoke
detectors and at least one carbon monoxide detector must be installed to provide adequate coverage
for the entire household.
• Bathroom ceiling heater must be forced fan unit. Install as per plans and manufacturer's
recommendations.
• Bath Exhaust Fan must be U.L. approved and installed to meet all applicable local codes, and
vented to outside.
• Newly installed Range Hood must be U.L. listed and vented through the roof.
• Service Entrance must be a minimum 100 amp, 1201240v 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. Trim must be H trim with mitered joints . Paint must match
other trim in house. Cover must have insulation bat cut to fit on top of it. Scuttle hole must be a
minimum of22x30 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 (TASI
• 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.govloffices/hsg/omhar/paes/greenini.cfm
www.hud.gov/offices/cpd/affordablehousing/training/web/energy/help/green.c fm
www.legis.state.tx.us www.license.state.tx.us
www.SAM.gov
EXHIBIT H
CITY OF PORT ARTHUR, TEXAS
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS
By the signature below, the signatory for the ORGANIZATION certifies that neither he nor the
firm, corporation, partnership or institution represented by the signatory or anyone acting for the
firm for this contract has violated the antitrust laws of this State, codified at Section 15.01, et
seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated
directly or indirectly the bid made to any competitor or any other person engaged in the same
line of business, nor has the signatory or anyone acting for the firm, corporation or institution
submitting a bid committed any other act of collusion related to the development and submission
of this bid proposal.
Signature:
Printed Name:
Title:
Company:
Date:
SUBSCRIBED and sworn to before me by the above named on this the
day of , 20
Notary Public in and for the
State of Texas
My commission expires:
EXHIBIT I
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters,etc., shall be signed by a duly authorized
officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to
pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter
into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become
due.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Email
STATE:
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20
Notary Public
EXHIBIT J
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code:by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-t), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
El J
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3I Name of local government officer about whom the information is being disclosed.
Name of Officer
Al Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes No
Describe each employment or business relationshipthat the vendor named in Section 1 maintains with a corporation
or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
fl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B) excluding gifts described in Section 176.00S(a-1).
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http:rrwww.statutes.legis.state.tx.us,
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or afamily member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering intoa contract with the vendor,
Local Government Code§176.006(a)and(a-1)
(a) A vendor shall file a completed conflict of interest questionnaire;if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value Specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the;appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another wilting related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx:us Revised 1 113 0/2 0 1 5
EXHIBIT K
House Bill 89 Verification
(Person name), the undersigned
representative (hereafter referred to as "Representative") of
(company or business name, hereafter referred to as
"Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly
sworn by the undersigned notary, do hereby depose and affirm the following:
That Representative is authorized to execute this verification on behalf of Business Entity;
That Business Entity does not boycott Israel and will not boycott Israel during the term of
any contract that will be entered into between Business Entity and the City of Port Arthur; and
That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business
activities with, or otherwise taking any action that is intended to penalize, inflict economic harm
on, or limit commercial relations specifically with Israel, or with a person or entity doing business
Israel or in an Israeli-controlled territory, but does not include an action made for ordinary
business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
cay of , 20 .
Notary Public
EXHIBIT L
SB 252
CHAPTER 2252 CERTIFICATION
I, , the undersigned an representative
of
(Company or Business Name)
being an adult over the age of eighteen(18) years of age, pursuant to Texas Government Code,
Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is
not listed on the website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051,Section 807.051 or Section 2253.153.I further
certify that should the above-named company enter into a contract that is on said listing of
companies on the website of the Comptroller of the State of Texas which do business with Iran,
Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur
Purchasing Department.
Name of Company Representative (Print)
Signature of Company Representative
Date
Please Return A Signed
Copy of the Certificate
to the
Housing Division
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