HomeMy WebLinkAboutPR 15818: ADOPTION OF CDBG HURRICANE IKE DISASTER RECOVERY PROGRAM PROVISIONS & GUIDELINESINTEROFFICB MEMORANDUM
HOUSINGsASSISTANGE PROGRAMS
To: Steve Frr7gibbons, City Manager
From: ~ Mike Mason, .Neighborhood and Community Deve%pment Manager
Dates Monday, March 29, 2010
Rer P.R.15818
RECOMMENDATION:
I: recommend City Council adopt Proposed Resolution 15818 authorizing the adoption of
the Community Development Block.Grant Hurricane Ike Disaster Recovery Program
General Provisions and. the Owner Occupied Program Guidelines. for the Texas Deparbment
of Housing and Community Affairs (TONGA), that will be administered. 6y the South East.
Texas Regional Planning Commission (SETRPC) and its Sub-Contractors the City of-Port
Arthur and Beaumont.
BACKGROUND:
The City of Port Arthur is implementing a Community Development Block Grant (CDBG)
Disaster Recovery Program that is governed by the Texas Department of Housing and
Community Affairs, (TONGA). The CDBG Disaster Recovery Program is designed to
provide housing assistance to persons and families who are. at 80% of the Median Family
Area Income. and below with unmet housing needs resulting from. Hurricane Ike, eliminate
safety and health- hazards resulting. from Hurricane Ike in eligible`homes and. communities
and. preserve-and improve the community's housing stock.
The General Provisions ofthe Program and the Owner Occupied Program Guidelines are
made and adopted by and between the South East Texas. Regional Planning Commission,
(SETRPC) and City of Port Arthur, utilizing Texas Department of Housing and Community
Affairs, (TONGA) Disaster Recovery Program-funds for the purpose of administering the
CDBG Hurricane Ike Disaster Program.
The Community Development Block~Grant (CDBG) Hurricane Ike Program was legislated to
assist individuals and families who meet one of the three. national objectives (i.e. Low or
Moderate Income, Urgent Need; and Slum and blight) recover from the devastating effects
of Hurricane Ike and provide them with a home that is decent, safe and sanitary.
BUDGETARY/FISCAL EFFECT:
Texas Department of Housing and Community Affairs Housing Trust Funds will provide
funding.
STAFFING/EMPLOYEE EFFECT:
SETRPC is the. designated TDHCA Contract Administrator of the Ike Program as allocated
by TDHCA. SETRPC and the City of Port Arthur desire to adopt these. General Provisions
and. Owner Occupied Program Guidelines for the purpose of fulfilling and implementing
their respective. public and governmental purposes as agreed to by both parties.
SUMMARY:
I recommend City Council adopt Proposed Resolution=15818 authorizing the adoption of
the Community Development Block Grant Hurricane Ike Disaster.RecoveryProgram
.General Provisions end the.Owner.Occupied Program Guidelines forthe.Texas Department
of Housing. and Community Affairs (TDHCA), that will be administered by the. South East'
Texas Regional Planning Commission,(SETRPC) and-its Sub-Contractorsthe City of Port
Arthur and Beaumont._
P. R.. 15818
A3/29/10 - MM/Housing
RESOLUTION NUMBER
A RESOLUTION AUTHORIZINGADOPTIONOFTHE
GENERAL: PROVISIONS OF;THE PROGRAM AND THE
OWNER' OCCUPIED PROGRAM' GUIDELINES FOR THE
COMMUNITY. DEVELOPMENT BLOCK GRANT HURRICANE
IKE DISASTER RECOVERY PROGRAM THAT"WILL. BE
ADMINISTERED BY AND BETWEEN THE SOUTH' EAST
TEXAS REGIONAL PLANNING. COMMISSION AND THE
CITY OF PORT ARTHUR FOR THE. TEXAS DEPARTMENT
OF HOUSING AND COMMUNITY AFFAIRS (TDHCA).
WHEREAS,. the South East Texas Regional Planning Commission, (SETRPC)
has contracted. with the. Texas Department. of Housing and Community Affairs for activities
undertaken with CDBG Disaster Recovery funds; and,
WHEREAS, a inter local agreement was made and entered into by and
between the South East Texas Regional Planning Commission, (SETRPC) and'. City of Port
Arthur, utilizing Texas Department of Housing and Community Affairs; ITDHCA) Community
Development Block Grant (CDBG) funds for disaster relief'of unmet housing and
infrastructure needs resulting from Hurricane Ike in the most impacted and distressed areas
of Texas; and,
WHEREAS, the City of Port Arthur shall act as subcontractor for performance
and. accomplishment of identified tasks as agreed to by both parties in fulfilling and
implementing the Disaster Recovery Ike Program.
NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF' PORT ARTHUR:
THAT the Mayor and City Council of the City of Port Arthur authorizes the City
Manager to adopt and execute an the General Provisions of the Program and the Owner
Occupied Program Guidelines by and between the South East Texas Regional Planning
Commission and the City of Port Arthur for utilizing Texas Department of Housing and
Community Affairs (TDHCA) CDBG Hurricane Ike Disaster Recovery Program, of which a copy
is attached hereto as Exhibit "A"and Exhibit "B".
THAT a copy of the caption of this Resolution be spread. upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this
2010 ata Regular Meeting. of the City Council of the City of Port Arthur,
following. vote: AYES: MAYOR
day of April, A.D.,
Texas by the
MAYOR
ATTEST:.
APPROVED FOR AVAILABILITY OF FUNDS:
CITY SECRETARY DIRECTOR OF FINANCE.
APPROVED FOR FORM:
r
r
C ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
KE MASON, DIRECTOR,
HOUSING AND NEIGHBORHOOD REVITALIZATION
cost. of the project is greater than. $10,000 (ten thousand dollars) must also comply with
Minimum Property Standards (MPS): Where a conflict arises in the codes, the higher
standard will prevail.
1.2 In special cases, and only when existing conditions would mean that replacing a housing
unit on the same site would continue or exacerbate an unsafe condition, homeowners may
be given assistance for a newly constructed. housing unit on a safe site. Examples of
unsafe conditions shall include, but not be limited to, housing. located iri a special flood.
hazard area, unsafe soil conditions, environmental hazards that. cannot be mitigated, or
other conditions that cannot be changed and would continually put occupants in harm's
way. South East.Teicas Regional Planning. Commission (SETRPC) shall make every
effort to ensure that after-rehabilitation repairs .and improvements, supplemer¢ the
structurally sound housing stock in the area served and that the housing is of fitting
design and quality so as to improve the neighborhood is which they are completed.
Page 1 of 22
SfiTRPC HurrlcaneIke CDBG Program.D~scrlptions ~ -
and Port Arthur) will administer 'the:
idelmes (Gu3elines). SETRPC may re-
nts (e g. rehabrlitation & reconstruction)
y, Jefferson County and Orange County)
9dent that doing so would better serSe the
2.1' This .program shall be governed by the -state of Texas Action Plan for CDBG Disaster
' Recovery related to Hurricane Ike (Action Plan) and operated in accordance with all.
applicable rules and regulations of:.
i. The US Department of Housing and Urban Development ("HUD");
ii. The Texas Department of Housing-and Community Affairs (" 1'DHCA"};
11L The South East Texas Regional Plannuig Commission("SETRPC'~;.
2.2 The Program shall be under the direct supervision. of Sharma Burke or her designee.
3. Propxam Marketine
3.1. The availability of the Program fonds shall tie forwarded to:
i. Local newspapers, including but not limited to the following:.
(1) Beaumont Enterprise;
(2) Hardin County News;
(3) Port Arthur News;
(4) Orange Leader,
(5) El Perico;
(~ Silsbee Bee
Page 2 of 22
SET1tPC Hurricane Ike CDBG Program 1)esci`iptions
(3) Orange Christian Services;
(4) Hardin County Emergency Family Services;
(5) Nehemiah's Vision;
(6) Grace Community Services;
(~ Golden Triangle Interfaith
(8) South-East Texas Interfaith Organizafion (SETIO)
(9) Habitat for Humanity
{10) Lutheran. Social Services
(11) UMCOR.
iv. Other public groups including but not limited to:
(1) Chambers of commerce;
(2) City Managers;
(3) Elected Officials;
(4) I.bcal Colleges & Universities
v. SETRPG is strongly committed to assisting applicants who speak English,
Page 3 of 22
4.1: I
't
'.
tonal tY-easures" to affirmatively market the CD'BG Disaster Recovery Fuitdnprogram
.es,`as follows: " ~ -
4:1.1. , SETRPC will :advertise with the following media outlets winch provide unique
access;for persons who are wnsidered members of a protected"class under the Fair
- Housing Act including: Ethnic newspapers aniUor radio stations
4.1.2 In addition, SETRPC will take: the following measures to make the program..
accessible to persons who are considered members_of aprotected class under the
Fair Housing Act: Hold informational meesings in Buildings that are. compliant
with the Americans with Disabilities Act (ADA), provide sign language assistance.
when requested if possible, and provide special assistance for those who are
visually impaired when requested
4.1.3 Documentation of alt marketing measures used, including copies of all
advertisements and announcements, will be retained. by $ETRPC and made.
available to the public upon request.
4.1.4 Whenever possible, SETRPC will use the Fair Housing logo in advertising, post
Fair Housing posters and related information, and, in general, inform the public of
its rights and obligations under Fair Housing regulations.
4.1.5 SETRPC will accept applications as follows:
4.1.5.1 In person at addresses to be announced. in press releases. and on SETILPC's
website.
Page 4 of 22.
4.2 SETRPC may select applicants from: an existing Hurricane Ike waiting lisle. The next.
eligible applicant on the waiting list will be offered CDBG Disaster Recovery Fund
assistance, if funds are available, after the .applicant before them on the waiting list
either declines assistance or is deemed ineligible.
(a) SETRPC shall notify all applicants in writing of their eligibility status.
(b) SETRPC shall notify the applicant in writing if the requested rehabilitation
or reconstruction is deemed ineligible or not feasible.
(c) SETRPC shall be the sole arbiter of the' applicant's eligibility and the
feasibility of any activityprovided under theprogratn.
(d) The decisions of SETRPC shall be final.
5. Method of Application
5.1 SETRPC shall be responsible for advertising the availability of the Program and. for
accepting applications. Accordingly, applications received by SETRPC will be
forwarded to the appropriate Sub-Contractor to determine income eligibility.
5.2 With the exception of Multi-Family projects, which will be a competitive process,
SETRPC will accept applications from interested single family owner occupied and
rental households until funds are expended. All. applications will 6e date-stamped as they
Page 5 of 22
the assistance:
5.5 Texas Government Code 2252:903, 403.055, and 2107.008 prohibit the. Comptroller from
issuing a warrant or initiating an electronic funds transfer to a person who awes a debt,
tax delinquency, student loon delinquency, or a child support deltnquency that is subject
to a payment law prohibiting the Comptroller from transferring funds.
• Property taxes must be paid current. in order for. the applicant's property to be eligible
for assistance. In the event delinquent taxes are- owed on the property, the applicant
may meet the property tax eligibility requirement by:
o Paying all delinquent property taxes; OR
o Qualifying for and receiving a property tax deferral as allowed under the
Texas Property Tax Code 33A7 or a -tax exemption pursuant to Texas
Property Tax Code
• Exception for delinquent taxes: A written payment agreement provided by the
applicable taxing authority, and a written statement from the taxing authority
verifying that the agreement is paid current,. or for child support or student loan debt,
a written payment agreement with the appropriate state agency to eliminate the
delinquency, and evidence of current status on both the payment agreement and' on
any monthly payments due.
• CAT3G funds may not be used to pay delinquent taxes:
Page 6 of 22
:application packages. Documents received after the deadline date will not be considered.
Incomplete applications will not be included on the waiting list.
7. Property: Requirements
7.1: The property must be located within SETRPC's region (Jefferson Coumy, Orange
County, Hardin County and all its incorporated areas).
7.2. Under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), CDBG Disaster
Recovery Fund funds may not be used with respect to the acquisition, new construction;
or rehabilitation of a project located in an area identified bythe Federal Emergency
Management Agency (FEMA) as having special. flood hazards, unless: .
(a) The community where the area is located is participating in the National
Flood Insurance Program, or less than a year has passed since FEMA
notification regarding such hazards; and
(b) Flood Insurance is obtained. as a condition of approval of the commitment.
A one year coverage insurance policy is an eligtble project cost.
Page 7 of 22
SETRPC Hurricane Ike CD$G Program_Descrlptons
7./l. The unsecured- deferred forgivable note will also require the homeowner to certify that
the property will remain- their pririaipal place of residence arid'they will occupy the
property forat least the three year term of the unsecured defected forgivable note, as well
as require acknowledgement that the agreement contains a due on sale provision that
requires the homeowner to pay the contract sum to TDHCA if the property is sold prior: to
the expiration of the grant period.
7.5. The applicant. must provide evidence of homeownership. Proof of property ownership
will be obtained through deeds or evidence of fee simple title to the property. ]n the
absence of proof of property ownership, to be eligible for assistance,. the applicant
household must provide evidence of ownership interest in the property by doing the
following:
• Provide to SETRPC an affidavit that sets forth how they are the successors of interest,
through devise, intestacy, or conveyance, to the holders) of record title-and that either:
1) there is no other person entitled to claim any ownership interest in the property;
or '
2) each person who may be entitled to claim an ownership interest in the property
has given their consent or cannot be located after a reasonable effort and
provide to SETRPC either;
A) proof that they have been, for the current and last preceding tax year, the
person reflected on the tax rolls as the owner aad the person liable for
property taxes; or
Page 8 of 22
7.7. For Rehabilitation, rehabilitated portions of properties must. comply with local building
codes, 'and the entire structure must comply with local. health and safety codes and
standards; and housing quality standards (IiQS). If the cost of the rehabilitation is more
than $10,000, then the entire structure must also be in compliance with minimum
properly standards (MPS).
7.8. For reconstruction including newly constructed homes, the entire structure must be in
compliance with building codes and caning ordinances and applicable construction or
livability standards after assistance including:
(a) Energy standards as verified by a RESCHECK T'" certification. The
certification must be available in SETRPC's file prior to purchase.
(b) The IRC as 1 l of the IRC as required by Chapter 388' of the Health and Safety
Code as applicable.
7.9. Under the Rehabilitation. Program, any housing unit built before 1978 must be inspected
for hazards associated with the presence of lead-based paint or may be presumed to have
lead-based paint hazards. Proof of notifications, work completed and clearance
examination must be available for SETRPC's file.
7.10. Under the Rehabilitation Program, any housing unit must be in compliance with
Section 31 of the Federal Fire Prevention Control Act of 1974 which requires that any
Page 9 of 22
hour'
oiler
ioke detector:
ice is not "pi
a rep
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the'problem.
7.11.2. If io resolution is found within six'inonths of the identification of the: problem;
then the applicant will be provided a walkaway form.
7.12. Upon the signing of the contract, the applicant will have fourteen (14) calendar :days
to move out of the :property -and store any valuable personal property. that might be
damaged during the course of construction. If property is damaged through negligence of
the contractor, arrangements will be made by the contractor to reimburse the applicant.
Applicants will be responsible for moving personal property..
7.13. Property owners receiving disaster assistance in a floodplain will be required to
purchase flood and hazard insurance-and maintain such insurance. The property
owner has a statutory responsibility to notify any buyer of their property of the
requirement to obtain and maintain flood and hazard insurance, and the transferring
owner may be 1table if he or she•fails to do so. Requirements are described below:
7.13.1. Duty to notify.. In the event of the transfer of any property described in section
9.2 the transferor shall; not later than the date on which such transfer occurs, notify
the transferee in writing of the requirements to:
7.13:1.1.. Obtain flood and hazard insurance in accordance with applicable federal
law with respect to such property, if the property is not so insured as of the.
date on which the property is transferred; and
Page l0 of 22'.
SETRPC Hurricane Ike CDBG Prt~gram~Descriptions
8. Eligible hnnrovements & Expenses
8.1 All repairs must be for unmet needs and must address structures that were damaged as a
result of Huaicane Ike. Non-Ike related damage may be addressed on structures that have
storm related damage.
8.2 All sites must be cleaned before any construction activity can begin.
8.3 All city building permits shall be obtained by the contractor at his/her expense and may
be included as part of the bid.
9. Participant Approval and Responsibilities
After the applicants have been approved for assistance, a property inspection must be
conducted to determine the work necessary to upgrade the structure to HQS or MPS. All.
rehabilitation work. done. must. meet building codes and HQS at a minimum. If the cost of the
rehabilitation is more than $10,000, then the entire structure must also be in compliance with
Page 11 of 22
any work items that are necessary to bring the structure up to program standards as
previously established herein.
9.1. Upon completion of the work write-up, SETRPC shall solicit competitive bids for the
proposed work from a list of contractors interested in Program participation. SETRPC
shall select the qualified contractor. The bid must be within. IS% of the initial cost
estimate. If the bid is too high, one of the following will occur: 1) request the bidder to
review his or her bid to determine if any items were priced inappropriately and to revise
hisJher bid accordingly or 2) SETRPC will re-bid the project in its entirety. If errors aze
confirmed in the original cost estimate, appropriate estimate adjustments shall be made to
effectively compare the bids to this estimate. All contractors must. meet all' SETRPC
requirements prior to execution of the construction contract. The contractor must meet
and comply with all contractor requirements as hereinafter established for this Program.
]0. Contractor Selection
10.1. Contractor Qualifications
10.1.1 Contractors must meet minimum requirements as follows:
Page 12 of 22
SETRPC Hurricane Ike CDBG Program:Descrlptions
(3) All contractors must secure and' provide. proof of performance and payment bonds
within ten (10) business days of award of bid. Failure to do so may result in
termination of award.
(4) Whenever possible, SETRPC will. give opportunities to Historically Underutilized.
Businesses. (HUBS) and will make an affirmative effort to encourage bids from
such contractors.
(5) The work to be performed under this contract is on a project assisted under a
program. providing direct federal financial. assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3
~~ of the. Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u. Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given lower income residents of the project area and
contracts for work in connection with the project be awarded to business concerns
which are located in, or owned' in substantial part by persons residing. in the area
of the project
(6) Whenever possible, opportunities shall be given to locally ownedbusinesses and
low-income residents.of a given area.
Page 13 of 22
10.2. In addition to these requirements,: SETRPC may establish Uterr-own fair and: evenly
applied criteria for wntractor selection. These tnay include but-are not limited to:
10.2. T. Workers compensation insurance;
10.2.2. Verification of quality of work references;
10:23. Verification of credit references; and
10.2.4. Verification of establisheddine of credit.
10.3. An approved contractor list will be created and will be accessible to all applicants. who
meet the fair and reasonable criteria pre-established by SETRPC. Such criteria will be made
available in .writing upon demand by interested .parties. This criteria (along with an
advertisement to bid) will be posted in a public place. Any advertisement to bid. should allow
reasonable time for an interested party to meet the criteria required by SETRPC.
11. Contractor Procurement
11'.1. For the Owner-Occupied. Program, Contractors will be selected through an itemized
bid process. A sealed bid is the preferred method of selecting bids. SETRPC may select any
bid that is within 15% of the cost estimate. However, the low qualified bid is always
preferred. In Multi-Family Program and Single-Family Rental Program, Developers will be
responsible for procuring their own contractors.
11.2. Contractors will adhere to the terms of the contract includingperformance standards
and the general specifications. No work will be approved except that which is established in
the contract and in approved change orders. All change orders shall be in writing-and signed
by SETRPC, Contractors, and Applicants. Any unforeseen or hidden. condition should 6e
Page 14 of 22
11.3. `The contracting sequence for housing projects: shall be: Invitation to Bid, Bid
__
' Opening, and ContractAward.
113.1 Within ten (10) business days of notification of the contract award, the successful .
tiidder shall provide the SETRPC with:
(1) a list of sub-contractors;
(2) certificates of insurance, and
(a) certificates of insurance from the issuing company will show current coverage
in the. amount stipulated in the contract documents and with a: thirty (30) day
notice of cancellation of insurance to SETRPC for: general liability with
completed operational coverage, vehicle liability; end. statutory worlanan's
compensation (as required).
(3) Certificate of Capability of Bonding.
11.4 Any new construction projects that have already started with a contractor not chosen
by SETRPC are eligible for assistance under this program, but the contractor chosen by
SETRPC must complete all renuunirig repairs.
11:5 Any rehabilitation projects that have already started with a contractor not chosen by
SETRPC are eligible for assistance under this program, but the contractor chosen by
SETRPC must complete all remaining repairs.
11.6 Under the New Construction category of the Single Family Owner-Occupied program,
SETRPC may not contribute more than $125,000 on any project. However; SETRPC
may contribute $125,000 towards the cost of a home valued at more than $125,000 if
such new home's cost does not exceed the appraisal value of the storm damaged home
which was set by the county in which the property sits.
Page 15 of 22
12.3. The contractor shall use the site and its facilities only for specified oonstruction: The
water systems shall be used only for construction purposes and during the construction phase
only. Contractors are. not responsible for reimbursement of increased water bill.
12.4. Contractors will be rosponsilile for documenting.pre-existing and pre-stortn damage
(e.g. broken cement on the sidewalk, driveway, or ertryway; brokeri or dilapidated fences or
gates; low drainage areas, etc.). Contractors must photograph the damage on the premises
and obtain a signed Release and Acknowledgment of Preexisting Damages.
12.5 All materials used shall be new (unless otherwisespecified in the Project
Manual) and of good quality. All work shall be done in a good and workmanlike manner.
Contractor shall provide samples to the applicant for selection for materials as cited in the
individual specifications and provide reasonable time to the applicant to make selections.
Contractor shall retain a letter, sigried by applicant, stating that the applicant appmyes of
colors and quality of items such as: paint, flooring materials, brick, shingles, vinyl siding,
doodwindow/drawer hardware, and counter tops.
Page 16 of 22
12.9 Upon 3rd Party Inspection, all payment requests will be made in writing by the
contractor to SETRPC and will include a supporting documentation.
12.10 The work to be paid should be based solely on completed items listed in ttt$t~,
Contractor's Invoice.
12.11 The Contmctor will provide a complete Contractor Request. for Payment form to the
SETRPC. for the work which payment is authorized signed by the Contractor, the Inspector,
and the applicant. Payments will be made thereafter.
I2.12 Upon completion of construction, the contractor will:
i. remove all construction debris from the site;
ii. clean and mop all resilient floors;
iii. clean ali new and existing paint from other finished surfaces including window
glass and mirrors;
iv. leave all newly installed items in operating condition;
v. light gas water heater pilots; stove%ven pilots and gas heater pilots;
vi. will furnish all manufactured warranties on all newly installed appliances;
vii. start all other electrical and mechanical .systems;
Page 17 of 22
12.13 Discovery of defective elements made known to the contractor before or during
the"constructionprocessahall-be brought to the immediate attention of SETRPC. When
repairs are made, the repairs shall reasonably match the surrounding materials,in original .
design and dimension as agproved by SETRPC.
12.14 Where additional work is necessary to make repairs or to correct unforeseen
dangerous conditions, the contractor shall submit to SBTRPC a Change Order wnsisting of
what type of work is needed, the cost of -such work,. and the time necessary for such work to
be completed. Unless it is determined there exists an immediate health and safety danger,
NO 'WORK SHALL BE AUTHORIZED until agreed upon in writing. by the applicant,
contractor, and SETRPC.
12.14.1 Upon SETRPC's receipt of Change Orders-received no later than two weeks
prior to Final Inspection-compensation for additional work will be negotiated in
the following manner:
i, the deletion of work proposed, but not started; or if that is not possible,
ii: an increase to the dollar amount of the contract (if funds. are available)..
12.15 Change orders above ten percent (10%) of the original contract amount will be.
reviewed for .cost reasonableness by SETRPC Management and. TDHCA..
12.16 No other work shall be done to the project otherthan the work agreed upon in.
writing by the applicant.
i2.17Contractor will be responsible for determining utility needs, to provide adequate
sanitary facility(s) and to safely operate equipment on site.
13. Pre-Construction Conference
Page 18 of 22
proc ores, completion requirements, and payment procedures: 'At the pte-construction
conference, SETRPC shall have the following'docuu~ents prdpeily executed by both the
applicant and the contractor:
- . -. - - r-~__ ..b w uav I
roles of SETRPC and the applicant. Additionally, $}?TRPC wtll explain the inspection
ed'
13.2 SETRPC shall piesent the conshvction contractto be executed by the applicant and the
contractor: The contractoi shall. begin work within ten (10) days. of receiving the issuance of
the Notice to Proceed: Prior to receiving a Notice to Proceed fCOm SETRPC,~Contractors
who disturb the site will sutomatically'losetbeir funding with no recourse.
13.3 Each constriction contract executed w-fh a contractor shall contain a completion
date and provide for Liquidated Damages if the contractor fails to meet such
completion date. Liquidated Damages is defined as a reduction in total project costs by
$100.00 a dayfor every day over the completion date.
14. Inspections and Construction Payments
14.1 SETRPC will assist the applicant in ensuring that all contracted work is completed prior
to payment and that such work was performed in an acceptable manner. To accomplish this,
SETRPC will obtain a 3`a Party Inspector who will conductrespectivepragress inspection(s),
any additional inspections deemed necessary, and a final inspection upon completion of all of
the work (noting deficiencies in written reports and keeping these reports in the project case
files).
14.2 Contractor may submit interim payment requests upon completion of respective work.
Final: payment may be requested upon full completion of the work. The cortractor will only
be paid for the work completed. Advancing CDBG Disaster Recovery Fund funds to a
Page 19 of 22
SBTRPC Hurr
contractor is prohibited. A.
rlptons
eld from fatal payment,
and such retainage will not be released until the 30a' day ater final inspection. _
14.3 Where applicable, permits maybe required for work to be d"one on . _
Mrn6anir~l/Rl.r4':..o1/D1.;.:,1....-../C4......~..-..~ n,~cna~ __~ _ a.,-_ ~..,,... ..
14.4. Where applicable; building permits will be required for building constnrction
work- and the. building inspector for that area will inspect. the job in accordance with file
area's normal building inspectionrequirements. -
15. Contract Completion
15.1. Upon completion. of the, contracted work, the .3`a Party Inspector shall conduct a final
inspection of the structure when requested' by .the contractor. If the inspection: reveals that
corrective work is required on any improvements covered: in the contract, the 3`a Party
Inspector shall prepare a punch list for the contractor. After all work .(including. the punch
list) has been completed to the satisfaction of the 3`a Party Inspector and the applicant,
SETRPC shall issue, for execution, a Certificate of Completion.
15.2 Upon execution of the Certificate of Completion, contractor; shall ensure
that the following. documents are submitted to SETRPC:
i. Contractors Filial Invoice form;
o. Release of Liens; and
iii. all contractor and general warranties.
15.3 If there, are construction issues after 30 days from fatal inspection, SETRPC shall
conduct apost-inspection along with the applicant and contractor. If no discrepancies are
found during the post-inspection, SETRPC will approve the release of the 10% retainage to
the contractor. However, if discrepancies are noted, SETRPC shall continue to withhold the
retainage until completion of the work. °
Page 20 of 22.
require the contractor to correct -defects or problems arising, from his or her work under
this contract. Should the contractor fail to do so,. the applicant may take any necessary
legal recourse as prescribed in the constntction contrack A reasonable amount. of 6me
shall be given to correct the problem, but the contractor shall contact the applicant within
two (2) business days.
16. Files and Records
16.1 SETRPC shall. maintain accurate files and records on each applicant.
All pertinent documentation must be maintaianed for five years after contract close out. Such
files shall be open for public inspection in accordance with the Texas Public Information Act,
and be available at SETRPC's offices.
16.2 Project Close-Out: SETRPC shall ensure that upon completion of each project, any and
all forms required by TDHCA are submitted.
163 Contract Close-Out: SETRPC shall ensure.that upon completion of the Contract that the
Certificate of Completion and other close-out documents will be retained in the applicable
file.
17. Grievance Procedure
17.1 Each applicant or participant shall have the right to appeal any decision in the form. of
a grievance to SETRPC, provided such appeal is made within fifteen (15) days from when
Page 21 of 22
ii.
'~G Program Descriptions
viability of the proposed,project.
Changes, Waivers And/Or Conflicts `
(1) TheLocal CDBG Disaster Recovery Fund Supervisor shall.: have the right, to
change, modify, waive or revoke all or any part of these guidelines in writing by a
majority rote taken at.an open meeting of the Local CDBG Disaster Recovery
Fund Supervisor and approval: by TDHCA.
(2) No member of the goveraiag body of SETRPC and no other official, employee, or
agent of -SETRPC who exercises policy or decision-making functions or
re§ponsibilites in connection with the planning: and implementatiori tlf this
Program shalt be eligible for rehabilitation assistance, in accordance with 24 CFTC
Section 570.489(h), Conflict of Interest.
18. Addendum
Desired changes and/or additionsto this program design may be allowed. Please cite the section
that is to be replaced along with the proposed. ancUor alternative language. Only amendments
submitted. in this way will be considered for TDHCA approval.
APPROVED:.
Shaun P. Davis, Executive Director
Signature Authority
Page 22 of 22
Hurricane Ike CABG Program Descri lions
P
PROGRAM DESCRIPTIONc Owner-Occupied Program
1. Program Objective:
1:1.Overview -This is asingle-family, owner-occupied. program: Financial assistance will. be
.provided for the rehabilitation, reconstruction; demolition or elevation-ofhomes whose owners
have remaining needs. The focus of the program. will be to providesafe, decent, and sanitary
housing. Assisted households will include low to moderate income-and/or below 80% area
median.income in areas served by SEIRPC.
1.2, Project Size-The maximum number of units in the Owner-Occupied.Program is l(one).
2. Allocation:
2.1. A total of $52,700,000.00 has been setaside for the Owner-0ccupied Program.
2.1.1. The allocation may be increased or decreased based on the demand. for Owner--
- Occupied Program:
2.2. The o~ eligible costs for the Owner-Occupied Program funds are the hard: costs (labor
and material-costs only) related to rehabilitation, reconstruction, demolition or elevation
on the unit.
2.2.1. Luxury items, including pools; Jacuzzi baths, stainless steel appliances,-upgrades
to appliances and the like are not an eligible cost.
2.2.2. Costs of equipment, furnishings, and other personal property not integral to the
structure-are not eligible costs.
3. Permitted Activities:
3.1. Rehabilitation - Shall be defined as bringing rehabilitated portions of properties into
compliance with local building codes, and the entire structure into compliance with local
health and: safety codes and standards, and housing quality. standards (IiQ$).
3.1.1. If the cost of the rehabilitation is more than $10,06(!, tfien the entice structure must..
also be in compliance with minimum property standards (NIPS)..
3.1.2..Rehabilitation shall be 1smited to "stick built" structures that have beea deemed
feasible foi rehabilitation.
Page 1 of 10
3.2. Reconstruction -Shall be .defined as the demolition, removal,. and disposal of an
existing housing unit and the replacement of that unit on the same lot with a unit that
complies with the universal design features in new construction established by
§2306.514, Texas Government Code, energy standards as verified' by a RESCHECK
certification, and the International Residential Codes (IRC), as required by Subchapter
G, Chapter 214, Local Government Code. Reconstruction of a housing. unit shall be of a
similar type structure.
3.2.1. The program can provide a maximum of $125,000 towards the cost of
reconstructing a home.
3.2.2. If the value of the home to be reconstructed. exceeds $125,000:
3.2.2.1. The county tax appraised value of the home before Hurricane Ike shall be
the maximum new construction wst allowed under the program.
3.2.2:1.1. The owner must provide the difference between the tax appraised
value before Hurricane Ike and the $125,000 maximum program
contribution prior to application funding.
Page 2 of 10
;Hurricane Ike CDBG Program Descrlptons
3.1,3:. The rehabilitation ofManufactured Housing Unit's (MHU's).is not allowed under
this program:
3.1.4. Rehabilitation initiated before ,the application for assistance is eligible for-
program- assistance provided. the contractor selected by SETRPC is utilized. to
complete the rehabllitation.
3.3. Elevation -Shall be defined as the piers to rebuild a housing unit to meet the FEMA
flood zone requirements.
3.4. Demolition -Shall be defined as activities necessary to alleviate conditions of slum,and
blighted areas as defined by HUD, unless beirig undertaken as part of the :reconshvction
activity.
3:5. Floo$plain -Assistance provided ima floodplain.
Hurricane Ike CDBG Program DESCriptions
3:5.1.. The property wiiC be encumbered with an unsecured. deferred. forgivable note.
defined according to TDHCA's specifications.
3.fi. New Construction -New construction. is not eligible for the program unless, is special
cases,-and only when existing conditions-would mean that replacing a housing unit on
the. same site would continue or exacerbate an unsafe condition,. homeowners may be
given assistance for a newly constructed housing unit on a. safe site. Examples of unsafe
conditions shall include, but not be limited to, housing located in a special flood hazard.
area; unsafe soil conditions,. environmental hazards that canno4 be mitigated, or other
conditions that cannot be changed and would continually put occupants in harm's way.
4. Financial Assistance
4.1, Owner Occupied Rehabilitation -The-maximum amount of CDBG Disaster,Recovery
Fund assistance to be provided to an applicant for Owner Occupied Rehabilitation shall
be $85,000 (Eighty-five thousand dollars).
4.2.Owner Occupied Reconstruction -The maximum amount of CDBG Disaster Recovery
Fund assistance to be provided to an applicant for Reconstruction shall be $125,000
(One hundred and twenty-five thousand dollars).
4.3. Elevation -The maximum amount of CDBG Disaster Recovery Fund assistance to be
provided to an applicant for elevation shall be $50,000 (Fifty thousand dollars).
4.3.1 If assistance for elevation is requested; the total amount of assistance to an
applicant cannot exceed $175,000 (One hundred and seventy-five thousand
dollars), the maximum amount for reconstruction plus the maximum amount for
elevation.
4.4. Demolition -maximum amount of funding available for Demolition activities shall be
$15,000 (Fifteen thousand dollars) per lot when rebuilding will not occur using CDBG
Disaster Recovery Program funds.
5. Insoections
5:1.-The Program requires the documentation of the physical condition of the home that will.-
6e rehabilitated or reconstructed through.the CDBG Disaster Recovery Fund.
Page 3 of 10
5.1:1; The inspection wil] be documented in :writing with drawings and photographs as
needed.
5.1.2.. All items- needing. repair will be documented- with: specific measurements and
locations sufficient to create a work write-up and a cost estimate..
5.2. During the period of rehabilitation or reconstruction SETRPG and its designated sub-
contractors will be permitted to enter the unit,. inspect the unit and pfiotograph the unit..
6. Program Parameters
6.1. Minimum -The minimum amount of CDBG Disaster Recovery Fund assistance that
maybe provided to any applicant shall be $1,000.00 (One Thousand Dollars).
7. Feasibility Analysis
7.1. For each unit assessed under the Program, a preliminary budget will be prepared to
indicate the potential cost of demolition, elevation, minor repairs, moderate rehabilitation,
rehabilitation, or reconstruction. This budget, including any inspection checklist, notes,
photographs and drawings will be called the "feasibility analysis". Tlus budget should
include all major systems but need not detail individual items of cost. If the total. cost of the
rehabilitation project is:
(i) less than $65,450 for hard costs, the SETRPC will offer rehabilitation services to the
applicant. Reconstruction will not be an option and the SETRPC will prepare a detailed
work write-up .and cost estimate for rehabilitation adequately documented to be used' as
bid documents.
(ii) more than $65,450 for hard costs and less than $85,000 total cost, the SETRPC will
offer rehabilitation or reconstruction to the applicant.
7.2. Excess Budget - If feasibility analysis indicates a budget in excess of $85;000 based on
the-above estimate for rehabilitation and the applicant does not desire reconstruction, the
S);`I'RPC will notify the applicant that the project is not feasible and offer an explanation in "
wrifing.
Hurricane Ike CDBG 1?rogram,Descriptions
8.1 All Eligible Participants
.8.1.1 All eligible applicants will be assisted on a first-come,.first served'basis, based on
the priorities defined below. SETRPC willdetermiae how and when the assistance is
granted in accordance with applicable program guidelines.. Priority will be given to
.applicants who are:
(i) UninsuredNnderinsured medically fragile
(ii) Uninsured/Underinsured elderlyand/or disabled
(iii) Uninsured/Underinsured families with special needs
(iv) Uninsured/Underinsured families with small children
(v) Unirtsured/Underinsured
8.2 Furthermore, SETRPC (and. its Sub-Contractors) will not give preference to or
discriminate against any person on the basis of race, Dolor, religion, national origin, sex,
disability, or familial status.
Medically Fragile: Household member (currently living in the home) has a medical
conditioti(s) that is compromised due to Hurricane Ike-related damage:
1
• Pregnant women
• Immune compromised individuals (chemotherapy patients; liver disease;
transplant recipients; post surgical; etc.);
• Individuals with respiratory problems and/oc lung disease;
• Individuals on oxygen;
• Heart disease; and/or
Individuals with severe allergies
Elderly: age 62 0; over
Pege 5 of 10 . '
Hurricane Ike CDBG Program Descriptions
Disabled;
- • -If the applicant is under age 62 and is. receiving Supplemernal Security Income
(SSI), this is sufficient evidence of disability. Retsina copy of the SSI awazd
letter in the activity file.
• If the applicant is 62 or over and is receiving SSI,this does not necessarily
i
indicate a disability. The Verification of Eligibility for, Disability Special Needs
(Form 14.27) is will be used to verify disability and a copy of the SSI awazd letter
will be retained in the activity file. ~
i
i
• If the applicant's disability is apparent, then SETRPC may certify as to the
applicant's disability by signing the Verification of Eligibility for Disability
Special Needs (Form 14.27) and by:
]. documenting the disability was observed by staff; and
2. indicating the applicant meets the stated definition of disability:
• If staff cannot certify as to the applicant's disability, a Form 14.27 will. be
completed. Additionally, documentation verifying the' applicant's income will be
obtained and retained in the activity file.
I
Families with special needs: Household member (currently living in the home) has a
disability. .
Families with small children: Families with children 12
8.4 In addition, repairs that prevent further damage to selected
when possible:
9. ~ nlicanf Eli 'bps ilit y: In each category; priority will be given to
age or.younger.
swill be wmpleted first,
Hurricane Ike CDBG 1?rogram~I)escriptions
9.1. The Low-to-Moderate Income status is favored above all others: .
9.2. LIViI Applicants - To be eligible-for assistance, LMI applicants inus4 mcet the following.
criteria:
i. Total household annual-gross income must not exceed 80% Area Median Family Income.
(AMFI),. adjusted for family size, as published annually by HUD at the time SETRPC
verifies the household's income.
ii. All income will be verified utilizing the Income Eligibility Specialists Guidelines.
iii. SETRPC will conduct income verifications in accordance with 24 CFR Part 5
requirements using procedures as stated in the Technical Guide for Determining Income
arid Allowances, 3rd Edition (HUD -1780-CPI)).
9.1.2. Determining LMI -The rnostcurrent income limits, published annually by HUD,
shall be used to verify the income eligibility of each household' applying for assistance.
9.3. Urgent Need Applicants - To be eligible for assistance, Urgent Need applicants must.
meet the following criteria:-
i. There must be existing conditions which pose a serious and immediate threatto the health
or welfare of the community which are of recent origin or which recently became urgent, that
the unit of general local government is unable to finance the activity on its own,.and that
other sources of funding are not available.
• A wndition will generally be considered to be of recent origin if it developed or
became urgent within 1$ months preceding the certification by the unit of general
local government. An Urgent Need will be considered to be of recent origin.
under this program if it developed or became urgentbetween September 13, 2008
and March 13, 2010:
ii. Total household annual gross income >~ exceed 80% Area. Median Family Income
(AMFI), adjusted-for family size, as published annually by HUD.
10: Property Requirements
1'Oa..l?roperty Ownership
• The applicant must provide. evidence: of homeownership. Proof of property.
ownership will be obtained through deeds.or evidence of fee simple title to the
property. 'In the absence. of proof of property.- ownership, to lie eligible for
Page 7 of 10.
assistance, the applicant household must provide evidence of ownership interest
in the property by doing the following:
o Provide to SETRPC an affidavit tliat.sets forth how they are the successors
of interest, through devise, intestacy, or conveyance, to the holder(s) of
record title and that either:
1) there is no other person entitled to claim any ownership interest in the.
property; or
2) each person who may be entitled to claim an ownership interest in the
property .has given their consent or cannot be located after a
reasonable effort and provide to SETRPC either;
A) proof that they have been; for the current and last preceding- tax
year, the person reflected on the tax rolls as the owner and the-
- person liable for property taxes; or
B) other evidence, reasonably acceptable to TDHCA, that establishes
that they have ownership over the property.
SETRPC may accept alternate forms of ownership as approved by TDHCA.
] 0.2. Principle Residency - An applicant must demonstrate that the property was the
applicant's principle residency as of September 13, 2008. Principle residency can be
demonstrated through homestead exemptions or active utility bills as of September 13, 2008.
Vacation and rental properties are not eligible for assistance under this Program.
10.3 Snbstandard Lot- If it is found by the City or County where the pmpertysits that the
lot is substandard not meeting the necessary criteria for building permits, then the applicant
has the burden of working with the City or County to find a resolution to thc problem. If no
resolution is found within six months of the identification of the problem, then the applicant
will be provided a walk away form.
11. Propertv Taxes -All delinquent property taxes -shall be paid prior to the award for
rehabilitation/reconstruction assistance; or the property owner must have qualified forand
received a tax deferral as allowed under Section 33.06 of the-Texas Tax Code. A written
verification of the tax status must be placed in each applicant's file. Forverifications
conducted,via telephone, aaelephone confirmation form must be completed including, but
not limited to; date of contact,. name of contact, and phone number of contact.
11.1 .Texas Government. Code 2252.903, 403.OSS, and 270T.008 prohibit the
Comptroller from issuing a.warrant or initiating an electronic funds transferto a person
who owes a debt, tax delinquency, student loan delinquency, or a child support
delinquency that is subject to a payment law prohibiting the Comptroller from
transferring funds. - .
• Property taxes must be paid current in order for the applicant's property to be eligible
for assistance. In the event delinquent taxes are owed. on the properly, the applicant
may meet the property tax eligibility requirement by:
o Paying all. delinquent property taxes; OR
o Qualifying for and receiving a property tax deferral as allowed under-the
Texas Property Tax Code 33.07 or a tax exemption pursuant to Texas
Property Tax Code
• Exception for delinquent taxes: A written payment agreement provided by the
applicable taxing authority, and a written statement from the taxing authority
verifying that the agreement is paid current, or for child support or student loan debt,
a written payment agreement with the appropriate state agency to eliminate the
delinquency, and evidence of current status on both the payment agreement and on
any monthly payments due.
• CDBG funds may not be used to pay delinquent taxes.
12. Contractor Requirements
12.1 Contractors will be chosen by SETRPC and contracts awarded via a competitive bid
process.
12.2 Any new constnrction projects that have already started with a contractor not chosen
by SETRPC are eligible for assistance under this program-but the contractor chosen by
SETRPC must complete all remaining tpairs.
12.3 Any tehabilitation projects that have already started with a conrtractor not chosen by
SETRZ'C are eligiblg for assistance under this program but the contractor chosen by
SETRPC must. complete all remaining. repairs.
Hurricane Ike CDBG Program Descriptions
12.4- Under the Reconstruction category of the Single Family Owner-Occupied. program,
SETRPC may not. contribute more tham $125,000 on any project: However, SETRPC. may
• wntribute $125,000 towazds the cost of a home valued at-more than $125,000 if such-new
home's cost doea not exceed the appraisal value of'the storm damaged home which. was set
by the county in which the property sits.
-12.5 SETRPC may only cover eligible costs for the Owne;-Occupied Program funds which.
are defined in section 2.2 above.
13. Environmental Review --All sites- must undergo a complete environmental review
13,1. Arr environmental review consists of a statutory checklist of required review items
-` 13.2. If none of the- conditions noted in the required environmental review exist, then the
property is statutorily exempt
13.3. Properties with environmental conditions will not be permitted to proceed in the
Owner-Occupied Program unless the condition is corrected.
13:4. No work can start on a site until the environmental assessment is complete.