HomeMy WebLinkAboutPR 17046: TENDER LOVING CARE CONTRACT D/B/A LEGACY COMMUNITY DEVELOPMENT Interoffice Wemorandum
.Mousing aZ Neigfi6orfiood Revitalization
To: John A. Comeaux, P.E., Acting City Manager f 44
From: Mike Mason, Director of Housing & Neighborhood Revitalization
Date Tuesday June 5, 2012
Re: P.R. 17046
RECOMMENDATION:
The Housing Division recommends the City Council adopt Proposed Resolution #17046,
authorizing the execution of a contract between the City of Port Arthur and Tender
Loving Care Center for Children d /b /a Legacy Community Development Corporation of
Port Arthur, Texas in the amount of $200,000 to construct two (2) homes for low and
moderate income persons /families and $35,000 for CHDO Operating expenses.
BACKGROUND:
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
Program funds for eligible CHDO Set -aside activities.
Tender Loving Care Center for Children d /b /a Legacy Community Development
Corporation is a chartered Texas non - profit corporation. The Mayor & City Council and
City Manager of Port Arthur, has designated Tender Loving Care Center for Children
d /b /a Legacy Community Development Corporations a Community Housing
Development Organization (CHDO) in accordance with the guidelines as delineated in
24 CFR 92.300.
BUDGETARY /FISCAL EFFECT:
Funding will be provided by the Federal HOME Program CHDO Set -aside funds,
account number 108 - 2141 - 626.59 -00, project numbers HE0801, HE0901, HE1001 and
HOME Program Income funds.
STAFFING /EMPLOYEE EFFECT:
Housing & Neighborhood Revitalization Department staff will be responsible for
administering the contract with Tender Loving Care Center for Children d /b /a Legacy
Community Development Corporation.
SUMMARY:
The Housing Division recommends the City Council adopt Proposed Resolution 17046,
authorizing the execution of a contract between the City of Port Arthur and Tender
Loving Care Center for Children d /b /a Legacy Community Development Corporation of
Port Arthur, Texas in the amount of $200,000 to construct two (2) homes for low and
moderate income persons /families and $35,000 for CHDO Operating expenses.
P. R. 17046
06/05/12 MM /DF
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE EXECUTION OF A
CONTRACT BETWEEN TENDER LOVING CARE CENTER FOR
CHILDREN D /B /A LEGACY COMMUNITY DEVELOPMENT
CORPORATION, PORT ARTHUR, TEXAS AND THE CITY OF
PORT ARTHUR IN THE AMOUNT OF $200,000, TO ASSIST
WITH THE CONSTRUCTION OF TWO (2) HOMES FOR LOW
AND MODERATE INCOME PERSONS /FAMILIES AND
$35,000 FOR CHDO OPERATING EXPENSES, ACCOUNT NUMBER
108 - 2141 - 626.59 -00, PROJECT NUMBERS HE0901, HE1001
AND HOME PROGRAM INCOME FUNDS.
WHEREAS, Tender Loving Care Center for Children d /b /a Legacy
Community Development Corporation, Port Arthur, Texas was chartered as a Texas
non - profit corporation to provide safe, decent, sanitary and affordable housing to the
low and moderate income families; and,
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 12-
160, (authorizing submission of a 2012 Consolidated Plan) the City has obligated itself
to provide direct financial assistance for homeownership to low and moderate income
persons /families; and,
WHEREAS, under the terms of the grant, the City is to review the
requests for the disbursement of funds to the Tender Loving Care Center for Children
d /b /a Legacy Community Development Corporation, CHDO, in the amount of $235,000 to
assist with construction of two (2) homes for low and moderate income persons /families;
and operating costs.
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 Manager is authorized to execute a contract
with Tender Loving Care Center for Children d /b /a Legacy Community Development
Corporation in the amount of $235,000 to assist with the construction of two (2)
homes and operating costs as outlined herein and further described in substantially the
same form as attached hereto in the attached contract marked as Exhibit "A ".
Section 3. That a copy of the caption of this Resolution be spread
upon the minutes of the City Council.
READ, ADOPTED AND APPROVED this day
of June, A.D., 2012 at a Regular Meeting of the City Council of the City of Port
Arthur, Texas by the following vote: AYES:
MAYOR
COUNCILMEMBERS
NOES:
MAYOR
ATTEST: APPROVED FOR AVAILABILITY OF
FUNDS:
SHERRI BELLARD, CITY SECRETARY DEBORAH ECHOLS, DIRECTOR OF FINANCE
APP OVED OR FORM:
VAL TIZENO, Cl 1 ATT EY
APPROVED FOR ADMINISTRATION:
JOHN A. COMEAUX, P.E.,
ACTING CITY MANAGER /
MIKE MASON, DIRECTOR OF HOUSING
AND NEIGHBORHOOD REVITALIZATION
EXHIBIT "A"
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
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
Homeownership; 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;
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on June 20, 2012 and shall terminate on
June 20, 2013, unless otherwise specifically provided by the terms of this contract.
SECTION 3. CHDO'S PERFORMANCE
The CHDO shall construct two (2) homes for low and moderate income persons /families
with projected sales prices of $100,000 and house plans of 1200 sq. ft. to 1400 sq. ft. in the
next twelve (12) months. The homebuyer will be required to participate in a First Time
Homebuyer Program and maintain the property as their primary residence for the applicable
period of affordability, or the City will recapture the funds invested. The First Time
Homebuyer Program includes 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 the qualified buyers. Tender Loving Care Center for
Children d /b /a Legacy Community Development Corporation, CHDO, will insure
qualified buyers are aware of and have access to new homes constructed in the City.
Tender Loving Care Center for Children d /b /a Legacy Community Development
Corporation, CHDO, will work closely with the City of Port Arthur Housing and
Neighborhood Revitalization Department to assist the low and moderate income first time
homebuyers.
$200,000 is being provided to assist with the construction and $35,000 is being provided to
assist with operating costs in the total amount of $235,000, as delineated in Exhibit "B" from
Federal HOME Program. A minimum of 80% of the new construction homes shall be
Energy STAR qualified homes.
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; 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.
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, 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, City shall notify CHDO in writing within a reasonable
time after such fact is determined. City shall then terminate this contract and will not be
liable for failure to make payments to CHDO under this contract.
2. 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. 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. City shall only disburse funds to CHDO upon receipt of invoices from suppliers
or contractors or other evidences approved by City's Housing Assistance staff. These
invoices must be in accordance with Exhibit B of this contract.
5. City shall not be liable to 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. 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 City under this contract shall not exceed the sum of Two
Hundred Thousand Dollars and No /100 ($200,000) for new construction activities and Thirty
Five Thousand Dollars & No /100 ($35,000) for CHDO Operating Expenses.
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse eligible costs incurred under this contract in accordance with the
requirements of 24 CFR 92. CHDO shall not request disbursement of funds under this
contract until the funds are needed for payment of eligible costs. The amount of each
request must be limited to the amount needed.
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. City will release land acquisition funds for title policy /closing fees at the time a settlement
statement and invoice is provided by CHDO indicating the total closing costs for the
purchase of land.
D. City will release land acquisition funds for appraisals and surveys at the time an invoice
is provided by CHDO.
E. 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. 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 City and at the termination of this
contract.
B. CHDO shall retain the HOME Program CHDO Proceeds funds and any income
derived specifically from the use of HOME funds by CHDO. Income to CHDO, which is
generated as a result of CHDO's use of grant funds, shall be considered CHDO Proceeds
and must be used by CHDO for City approved eligible CHDO activities. All other funds shall
be retained by the CHDO and used for other eligible housing projects. CHDO shall be
required to provide reports detailing the operation, performance and the eligible use and
flow of HOME funds retained by CHDO for the three consecutive uses. An annual audit will
be conducted by the City designated staff to assure compliance with all Federal State and
Local ordinances and regulations.
C. As a non - profit organization, CHDO must comply with applicable regulations under
OMB Circular Numbers A -110 and A -122 pursuant to 24 CFR Part 92.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. CHDO must establish and maintain sufficient records, as determined by City, to
account for the expenditure and use of HOME funds.
B. CHDO shall give the City, the Comptroller of the United States, or any of their duly
authorized representatives, access to and the right to examine all books accounts, records,
reports, files and other papers, things or property belonging to or in use by CHDO pertaining
to this contract. Such rights to access shall continue as long as the records are retained by
CHDO. CHDO agrees to maintain such records in an accessible location.
C. All records pertinent to this contract shall be retained by CHDO for three (3) years
following the date of termination of this contract or submission of the final close -out report,
whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three (3)
year period and extends beyond the three (3) year period, the records will be maintained
until all litigation, claims or audit findings involving the records have been resolved.
2. Records relating to real property acquisition or long term lease shall be
retained for a period equal to the useful life of any repairs made with HOME funds.
SECTION 8. REPORTING REQUIREMENTS
A. CHDO shall submit to City such reports on the operation and performance of this
contract as may be required by City including but not limited to the reports specified in this
Section 8. CHDO shall provide City with all reports necessary for City's compliance with 24
CFR Part 92.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if CHDO fails to submit to City in
a timely and satisfactory manner any report required by this contract, City may, at its sole
discretion, withhold any or all payments otherwise due or requested by CHDO hereunder. If
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 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, 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.
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
CHDO as an Independent Contractor, and that CHDO, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes
of action of every kind and character which may be asserted by any third party occurring or
in any way incident to, arising out of, or in connection with the services to be performed by
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
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
Subcontractor 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 subcontractor(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 subcontractor'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 subcontractor's performance
hereunder. City maintains the right to insist upon Contractor's full compliance with the terms
of this contract, and by the act of approval under Section 11, City does not waive any right
of action which may exist or which may subsequently accrue to City under this contract.
C. CHDO shall comply with all applicable federal, state, and local laws, regulations, and
ordinances for making procurements under this contract.
SECTION 12. 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. 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 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. 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.
B. Religious Organizations. Funds provided under this contract may not be provided
to primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate or
construct housing owned by primarily religious organizations or to assist primarily religious
organizations in acquiring housing. Funds provided under this contract may not be used to
rehabilitate or construct nonresidential owned by primarily religious organizations except as
provided in Section 22 of this contract. The completed housing or nonresidential building(s)
must be used exclusively by the owner entity for secular purposes and must be available to
all persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of the property as specified in 24 CFR 92.257.
SECTION 14. 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 o validly t a idl and legally bind CHDO to all
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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 15. LITIGATION AND CLAIMS
CHDO shall give 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 16. 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 17. 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 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43
and this Section. In the event CHDO materially fails as determined by City, to comply with
any term 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 awards from 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 CFR 85.44. This contract may be terminated at any time when both
parties agree that the continuation of the performances would not produce beneficial results
commensurate with further expenditure of funds. Termination shall occur 30 days after the
parties agree to terminate. The 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.
SECTION 19. AUDIT
A. Unless otherwise directed by City, CHDO shall arrange for the performance of an
annual financial and compliance audit of funds received and performances rendered under
this contract, subject to the following conditions and limitations:
1. CHDO shall have an audit made in accordance with 24 CFR Part 44, or OMB
Circular A -110 for any of its fiscal years included within the contract period specified in
Section 2 of this contract in which the CHDO receives more than $25,000 in Federal
financial assistance provided by a Federal agency in the form of grants, contracts, loans,
loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct
appropriations, but does not include direct federal cash assistance to individuals. The term
includes awards of Federal financial assistance received directly from federal agencies, or
indirectly through other units of State and local government;
2. At the option of CHDO, each audit required by this section may cover either
CHDO's entire operations or each department, agency, or establishment of CHDO which
received, expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), CHDO shall utilize funds
budgeted under this contract to pay for that portion of the cost of such audit services
properly allocable to the activities funded by City under this contract, provided however that
City shall not make payment for the cost of such audit services until City has received such
audit report from CHDO;
4. Unless otherwise specifically authorized by City in writing, CHDO shall submit
the report of such audit to City within thirty (30) days after completion of the audit, but no
later than one (1) year after the end of each fiscal period included within the period of this
contract. Audits performed under Subsection A of this Section 19 are subject to review and
resolution by City or its authorized representative.
5. As a part of its audit, CHDO shall verify expenditures according to the Budget
attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered under
this contract. CHDO agrees to permit City or its authorized representative to audit CHDO's
records and to obtain any documents, materials, or information necessary to facilitate such
audit.
C. CHDO understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s) of funds received under this contract. CHDO
further understands and agrees that reimbursement to City of such disallowed costs shall be
paid by CHDO from funds which were not provided or otherwise made available to CHDO
under this contract.
D. CHDO shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of CHDO.
E. All approved HOME audit reports shall be made available for public inspection within
30 days after completion of the audit.
SECTION 20. 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 21. LABOR STANDARDS
A. 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 contractors and subcontractors, 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.
B. 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 contractors and subcontractors thereto.
SECTION 22. 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 agrees that all repayments, including all interest and other return
on the investment of HOME funds will be made to City. City reserves the right to permit
CHDO to retain interest or return on investment of HOME funds for additional eligible
activities by the CHDO.
C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand
on the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. 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 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 23. 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
SECTION 24. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County,
Texas.
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Tender Loving Care Center for Children d /b /a
P 0 Box 1089 LegacyCommunity Development Corporation, CHDO,
Port Arthur, Texas 77641 87 Interstate 10 N STE 135
Beaumont, Texas 77707 -2542
Cell: 409 - 365 -9850
vlballou @yahoo.com
ATTN: John A. Comeaux, P.E. ATTN: Vivian L. Ballou, (4648 Lakeshore Drive,P.A.)
Acting City Manager Executive Director
SECTION 26. 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 27. 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 IN FORM:
Valecia Tizeno, City Attorney
Signed and Agreed to on the day of , 2012.
CITY OF PORT ARTHUR
By:
John A. Comeaux, P.E.
Acting City Manager
ATTEST:
City Secretary
Signed and Agreed to on the day of , 2012.
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 2012 & 2013 Federal HOME Program
Guidelines:
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 First Time Homebuyer 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 first time homebuyers.
Tender Loving Care Center for Children d /b /a Legacy Community Development Corporation,
CHDO, shall provide construction of two (2) homes in Port Arthur that will be 1200 sq. ft. to 1400 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 access
to the new home constructed in the City by Tender Loving Care Center for Children d /b /a Legacy
Community Development Corporation, CHDO,
Tender Loving Care Center for Children d /b /a Legacy Community Development Corporation,
CHDO, shall utilize the HOME Program CHDO Set -aside and HOME Program Income funds for eligible
CHDO activities.
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 construction, the location of the homes to be constructed, the certification
of eligibility of the buyers, all financing, lien documents and all house plans shall be reviewed and
approved by the City of Port Arthur. Furthermore, all homes shall have a ten (10) year builders warranty
on the foundation, two (2) year warranty on the mechanics and one (2) year warranty on the
workmanship. The necessary precautions including retainages and applicable bonds will be obtained
from contractors as to ensure performance and avoid liens.
EXHIBIT B
Budget
Tender Loving Care Center for Children d /b /a Legacy Community Development Corporation,
CHDO,
New construction Activities (two(2) homes) $200,000
CHDO Operating $ 35,000
Grand Total shall not exceed $235,000
Additionally, down payment and closing costs assistance in the amount of $30,000 each will
be provided directly to the homebuyer by the City at the time of closing.
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:
June 20, 2012 June 20, 2013
Home Buyer Activities 1 2 3 4 5 6 7 8 9 10 11 12
Identify Participants
Evaluate
Homeownership
Barriers
Case Management
Access Conventional
Mortgage Resources
Pre & Post Purchase
Counseling
Site Clearance, Site
Development,
Construction Activities
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 24CFR
Part 107 shall be a proper basis for the imposition of sanctions specified in 24 CFR 107.6a,
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101 -07) and implementing regulations t 24 CFR, Part 146, and the
prohibitions against discrimination against handicapped individuals under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964 -65, Comp., p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 41 CFR, Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with HUD's
responsibilities under these Orders, each applicant must make efforts to encourage the use of
minority and women's business enterprises in connection with HOME funded activities. Each
Contractor must prescribe procedures acceptable to the State to establish activities to ensure
the inclusion, to the maximum extent possible, of minorities and women, and entities owned by
minorities and women. The Contractor /Subcontractor will be required to identify contracts which
have been bid by minority owned, women owned, and /or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.); Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination Based on Handicap
in Federally- Assisted Programs and Activities of the Department of Housing and Urban
development ", 24 CFR, Part 8. By signing this contract, Contractor 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
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 ater Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), and (21 U.S.C.
g f ( () . q)
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
409 - 365 -9850
EXHIBIT "F"
City of Port Arthur, Texas
Housing Assistance Programs
TEXAS MINIMUM CONSTRUCTION SPECIFICATIONS
1.0 OVERVIEW
The purpose of the Texas Minimum Construction specifications is to ensure that all
applicants who receive new or rehabilitation construction housing through programs funded
by the HOME Investment Partnerships Program (HOME Program) Community Development
Block Grant, Neighborhood Stabilization Program and all other applicable Housing Programs,
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 2006, IPC 2006, NEC 2009, IECC 2006 and
IFC 2006 and all such associated codes that shall be complied with in producing.
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 1ft above the BFE. This is a FEMA
requirement that the City of Port Arthur must have with each location for their audit when
asked for.
2.0 DEFINITIONS AND ACRONYMS
1. Certificate of Final Inspection - known as Certificate of Occupancy.
2. Final Inspection - the last inspection to clear project [release].
3. Electrical - all electrical equipment must be UL listed equipment.
4. Hardware - all hardware must be in operating condition. New keys must be turned
over to homeowner when work is completed.
5. Home Program - the HOME Investment Partnerships Program of the U.S.
Department of Housing and Urban Development.
6. IRC - see all associated codes.
7. Notice to Proceed - formal instruction from Contract Administrator or designer.
8. Plumbing - plumbing equipment must be UL listed equipment.
9. Scope of Work - description of City intent or purpose of work.
10. TDHCA - an acronym for Texas Department of Housing and Community Affairs.
11.TMCSS - an acronym for Texas Minimum Construction Standards and
Specifications.
12. Work Covered - all new and remodeled construction work in the "work write -up"
and plans.
3.0 THE CONTRACTING PROCESS (for Rehabilitation Projects only)
Substitutions can be used with the approval of the Port Arthur Building Official — UL Listed. The
technology must be updated and the SUBstituted material must be of the same strength.
A month before bids are opened and surveys are completed, Invitation to Bid, Bid Opening, and
Contract Awards are considered.
Bidder must provide the Contract Administrator with the following within 10 days or soon after the
contract is awarded:
1. A list of SUBCONTRACTORS who are licensed and insured with the State of Texas.
2. Certificates of Insurance from the issuing company showing current coverage stipulated
in the contract documents. The Certificate of Insurance must also include a statement to
that effect that a thirty (30) day notice of cancellation of insurance must be given to the
Contract Administrator with the following:
a. General liability with completed operational coverage of at least one
hundred thousand dollars ($100,000). Plumbing — Minimum $300,000 —
Electrical - $900,000 - HVAC - As required by State regulations and in
compliance with the scope of work.
b. Vehicle liability insurance (full coverage).
c. Statutory Workman's compensation.
Notice to Proceed - The CONTRACTOR will begin work within ten (10) days of the
issuance of the Notice to Proceed (unless otherwise stipulated).
The number of work days must be set out in the contract.
If work is not finalized by the City Inspector or flaws are observed (48 hours to correct)
upon completion of the work and acceptance by the Contract Administrator and the
homeowner; the Certificate of Final Inspection and verification is issued and the Warranty
Period begins.
Thirty (30) days after the issuance of the Final Inspection and verification, all retainage,
"money or forms of payment towards completion fees of inspection ",is released to the
CONTRACTOR, except in cases where it is determined that the retainage should not be
released.
4.0 COMPENSATION
Payments are made when the project reaches 40 %, 70 %, and 100% upon completion of
inspections and at thirty (30) days after the Final Inspection and verification is issued.
All requests for payments will be made as follows:
The CONTRACTOR will submit in writing to the Contract Administrator, a list of items,
their costs, and a sum of the item costs for work to be paid. This will be based on
completed items only from the schedule of values submitted by the CONTRACTOR
prior to construction, or the Itemization of Bid Form if no schedule is submitted.
The Contract Administrator will inspect such work as soon as possible (usually within one
(1) business day) from receipt of such request by the CONTRACTOR.
The Contract Administrator will provide a completed Progress Payment form for signature
to the CONTRACTOR for work for which payment is authorized.
The Contract Administrator will then request the homeowner to execute the Progress
Payment form.
The Contract Administrator will normally pay the CONTRACTOR within ten (10) calendar
days from the date of the owner's signature. Payment will be issued based on the
Contract Administrator's Financial Department's pay day schedule.
All work must be done by licensed, insured CONTRACTORs and accomplished with care
and in a workmanlike manner.
All materials must be new (unless otherwise specified in the Project manual) and of a
good quality.
Product submittals - CONTRACTOR must provide samples to the Homeowner for
selection for all materials as cited in the individual specifications and provide reasonable
time to the homeowner to make selections. CONTRACTOR must provide written
submittal with the homeowner's signature of approval to the Contract Administrator. Items
to be SUBmitted for approval: paint, flooring materials, brick, shingles, color of vinyl
siding, counter tops, appliances or any other item which can be selected according to
style, color or other factor but not affecting the price or quality of such item.
5.0 PROJECT CLOSE -OUT
Remove all construction debris from the site daily. Clean and mop all resilient floors.
Clean all new and existing paint from other finished surfaces including window glass and
mirrors.
Operating Items: Leave all newly installed items in operating condition, light, gas, water
heater pilots, and gas heater pilots, all systems should be ready to start
Preparation of Structure: Prepare structure for homeowner's occupancy.
Utilities: Use existing or provide at CONTRACTOR's expense if existing is insufficient.
Homeowner must provide all existing utilities as is and must be responsible for continuous
maintenance and payment of existing utilities. CONTRACTOR will be responsible to
determine utility needs to provide adequate sanitary facility and to safely operate
equipment at all times on site.
Unforeseen damage or Change in Scope of Work: Discovery of defective elements made
known to the CONTRACTOR before or during the construction process must be brought
to the immediate attention of the Contract Administrator in writing. When repairs are
made, the repairs must reasonably match the surrounding materials in original design and
dimension as approved by the Contract Administrator.
Where additional work is necessary to make repairs or to correct unforeseen dangerous
conditions, the CONTRACTOR must SUBmit to the Contract Administrator a work write -
up of the work, cost of such work, and the time necessary for such work. Unless it is
determined there exists an immediate health and safety danger, NO WORK MUST BE
AUTHORIZED until agreed upon in writing by the homeowner, CONTRACTOR, and
Contract Administrator. Compensation for additional work will be negotiated in the
following manner:
1. The deletion of work proposed, but not started; or if that is not possible;
2. An increase to the dollar amount of the contract, however, approval of such
increase require the homeowner, CONTRACTOR, Contract Administrator, and
State of Texas HOME program written approval.
3. Additional work - no other work must be done to the project other than the work
agreed upon in writing by the homeowner, Contract Administrator and
CONTRACTOR or as necessary to remove immediate health and safety dangers
during the construction phase.
6.0 THE JOB SITE
At the job site the CONTRACTOR must obtain and display all permits and inspection tags
as required by the local Inspection Department.
The CONTRACTOR must use the site and its facilities onlyforthe construction stipulated
in the "work write -up ". The electrical, sanitary waste, water, and gas systems must be
used only for construction purposes and during the construction phase or during warranty
work.
Any discrepancy in the contract documents must immediately be brought to the attention
of the Contract Administrator.
All CONTRACTORs must display signage upon vehicles as state law requires.
All CONTRACTORs must be licensed and insured with the City of Port Arthur, and in line
with State Boards of Licensure and Contracts.
7.0 SITE WORK
7.1 Materials:
All on -site "fill" material must be soil or soil rock mixture which is free of organic matter or
other deleterious SUBstances. It must contain no rocks or lumps over 6 inches in greatest
dimension, and not more than 15% must be larger than 3 ft 9 inches in greatest
dimension.
Imported "fill" material- must conform to 2.1 but must have a maximum particle size of 2
inches in greatest dimension.
Fill must have a plasticity index (PI) of 12 or better unless placed under a foundation in
which case the PI should be 2. (The plasticity index (PI) is a measure of the plasticity of a
soil.)
7.2 Methods:
Exterior: The site must remain in a clean and neat condition at all times and at the end of
the project must be cleared of all material, trash, and debris. Planting of grass must not
be permitted until all clean -up is complete.
Demolition: Debris and structures must be removed completely from premises and site
must be leveled and clean so as to prevent the ponding of water.
Excavating: Excavate to grade specified in the drawings. Where excavations are not
shown in drawings, excavate as required form installation. Depressions resulting from
removal of site obstructions must be filled as necessary to level site to original or
specified grade with minimum of 60/40 mixture of sand.
sub -grade preparation: Clearing, scarifying, and re- compaction must be completed as
specified, if not specified it must be completed as required for installation.
Structural fill must be compacted to 98% and in line with shop drawings.
Paved areas must have a minimum of 6 inches of "fill" compacted to 90 %.
8.0 CONCRETE:
8.1 Materials:
All concrete must have minimal -28 day compression strength of 3500 psi with a maximum
slump of 6 inches.
All reinforcing steel must comply with ASTM designation A 615 Grade 40, and must be
clean and free of rust.
All welded steel wire fabric must comply with ASTM designation A 185.
Concrete must not be placed over grass, roots, or foreign materials.
All Portland cement must comply with the requirements of ASTM C150;, CSA A -5, or
AASHTO M85.
Cement used at or below grade must comply with the requirements of Type 1.
Cement used above grade must comply with Type 1.
"Fill" dirt must be clean, compacted, and free of harmful materials.
All materials used for concrete forms must be sound and clean and must be removed
after the concrete reaches final set. Voids and honeycombed surfaces must be filled with
cement grout.
All concrete is to be poured when the temperature is at forty degrees Fahrenheit (40 F) or
above and rising. If the surface temperature is over ninety degrees Fahrenheit (90 F)
steps to cool the surface such as watering will be taken as required
8.2 Methods:
Piers and Pads
• Piers must be solid, monolithic, reinforced concrete with minimum dimensions of 8 inches
x 8 inches x (d +4 inches). (d= distance from bottom of sill to existing ground surface -
minimum of 12 inches). If pier is placed on pad, minimum dimension must be 8 inches x 8
inches x d. Termite shields are required, 8 inches x 8 inches x 16 inches hollow concrete
with gauge 14 strap wind storm approved. Seal empty cells with concrete 2500 psi.
• Pads must be monolithic concrete pad, 16 inches x 16 inches x 4 inches. They must be
set on firm prepared soil below existing ground surface, 24 inches x 24 inches x 8 inches,
minimum of 1 inch below natural ground; must be secured to the blocking with minimum
3# rebar. Termite shields required.
• All piers must have termite pans.
Steps
• All steps must have treads, minimum of 10 inches and a maximum rise of 7 inches. They
must span full width of door opening or they must be minimum 36 inches wide at porches.
• Pre -cast steps must be standard size with no defects. They must be set level with
concrete bases under each corner. When set, the rise from the top step to the wearing
surface must be the same as the rise for the steps or be in the wearing surface plane.
• Hollow poured steps must be formed and poured over an 8 inch x 16 inch footer. Wall
thickness must be minimum of 4 inches. The treads must be broom finished.
• See attachment on stairs, patios, decks, for flood prone areas. (FEMA Requirement)
Slab on Grade
• All concrete slabs must be poured monolithically and be a minimum of 4 inches thick.
Reinforcing must be 6 inches X 6 inches, # 6 Welded wire fabric unless otherwise
specified. Top of slab poured on existing grade must be a minimum of 1/2 inch above
surrounding soil level. All slab designs and executions must concur with the requirements
of the International Residential Code 2006.
• Before concrete is poured, a slab inspection must be requested from the Contract
Administrator and then must pass inspection. All slabs and driveways must meet Contract
Administrator codes and be inspected.
• Walks must be poured monolithic to expansion joints. Reinforcing must be 6 inch x 6 inch,
# 10 welded wire fabrics. Width must be a minimum of 36 inches wide with a broom
finish. Control joints must be spaced the width of the walk. Expansion joints must be
spaced at a maximum of 20 ft. at all radius points, elevation changes (i.e. steps, porches,
etc.) and at back of curb. Expansion joint material can be 1/2 inch asphalt impregnated
material or 1/2 inch redwood. Slab thickness must be a minimum of 4 inches.
• Driveways must be monolithic poured slab with a broom finish and a minimum thickness
of 4 inches; Reinforcing must be 6 inch x 6 inch # 10 welded wire fabrics. The slab will be
poured on a 2 inch sand cushion (compacted). Expansion joints will be spaced a
maximum of 20 linear feet not to exceed 30 sq. yards in one block. Expansion joints will
be used at all radius points, sidewalk intersections, and house slab tie -ins. Expansion
joint materials can be 1/2 inch , asphalt impregnated material or 1/2 inch redwood.
• Exterior beams must have a minimum width at top of beam of 18 inches, and may taper
down to 14 inches at the bottom. Exterior beams to have a minimum of 4, #5 (5/8 inch)
rebar's, two (2) at the top and two (2) at the bottom, set on 3/8 inch stirrups or #6 wire
mesh cut to fit. Exterior beam must extend a minimum of 6 inches into undisturbed soil.
Exterior beam must be a minimum of 24 ft. in height.
• Interior beams must be minimum of 18 inches, in height and should have two #4 (1/2
inch) rebar's side by side 6inches, off bottom of beam set in 3/8 inch stirrups or #6 wire
mesh cut to fit at 3 ft. 0 /0. Interior beams width to be 16 inches in width at top and may
taper to 8 inches at bottom. #4 Rebar is to have a minimum lap of 12 inches. #5 Rebar to
have a minimum lap of 15 inches. Interior beam is to extend 3 inches below undisturbed
soil.
• All slab and beam specifications listed here must be used unless the Contract
Administrator's Building Code requirements or specifications exceed these specifications.
All slab designs and executions must concur with the requirements of the Southern
Building code.
Concrete Porches
• All porches must be poured monolithically over select sand "fill ", and cement porches
must be leveled.
• Exterior beams must be a minimum of 12 inches in height with 4, #4 rebar set in 3/8 inch,
stirrups or #6 wire mesh cut to fit at 3 ft. 0 /0. Beam width to be a minimum of 14 inches
at top and may taper to 10 inches at bottom. Lower two rebar to be a minimum of 3
inches off bottom. Beam to extend a minimum of 6 inches below undisturbed soil.
Galvanized flashing to be used if wood is to be in contact with concrete.
• Pour 1 inch below door sill or as noted and slope 1/8 inch per foot to provide drain.
Footings
• Footings must comply with International Code Council (ICC) for size and reinforcement.
When the surrounding soil is not sufficiently strong enough to hold the concrete until final
set, forms must be constructed instead.
9.0 FOUNDATIONS
9.1 General Specifications:
Leveling must be done in such a manner as to be permanent and must be completed
before other work begins.
New posts must be concrete piers or decay resistant, treated wood posts for ground
contact, or of a decay resistant species.
Allowable spans between piers or posts for a 4 inch x 4 inch sill — 5 ft. on center or for a 4
inch x 6 inch, sill 7 ft. on center.
Cedar posts and shims must be treated to prevent rot and deterioration.
When leveling, grades must be established from existing concrete porches, fireplaces
and chimneys.
When leveling is complete, doors, windows, and openings must be reasonably plumb,
level, and fully operational.
Correct over spans by installing stringers and /or floor joists. Stringers are to be placed on
concrete pads and piers.
All sills must have 12 inches minimum clearance above the ground when leveling is to be
done unless otherwise specified.
Warranty
Skirting
• Cover indicated area with galvanized weatherboard metal foundation skirting fastened
with self tapping sheet metal screws. Vinyl is required in areas of A or V Flood Zones.
• Skirting must extend 4 inches below and at least 18 inches above grade and be lapped
and fastened under siding on the same horizontal line of the entire wall or side of building.
• Skirting must have ventilation openings a minimum of 4 ft. from each corner, and no less
than every 8 vent openings should be covered by louvered screened vents, and should
be a minimum of 50 square inches.
• Creep -hole Door must be hinged and be constructed of such material to conform with
foundation skirt, and must be of adequate size for entrance into crawl space.(minimum 16
inch x 24 inch per IRC 2006 R408.4).
• PVC, fabric, mesh, and all other materials shall be to ANASI requirements.
Foundation Drainage
• When existing grades or excavations allow water to accumulate under the structure, a
drainage ditch must be dug so water must drain away from the house. Ditch must be
located as per individual specification. Open ditches which constitute a tripping hazard
must be replaced with French drains. French drain will be constructed of 6 inch perforated
PVC drain field line and installed in a ditch at least 12 inches in depth and 8 inches wide.
The ditch will be back filled with P gravel and the drain line protected with fabric mesh.
The drain line must be placed at least 2 inches above the bottom of the ditch and
centered to allow gravel to surround it. Discharge must be a minimum of 10 ft. from the
closest edge of the structure and at least 10 inches below the grade level of the structure.
Whenever possible, foundation drainage problems will be corrected through regarding,
filling, compacting and planting of surrounding area. French Drains are not allowed in
Port Arthur, only American drains.
• Drainage is not allowed to drain on to someone else's property.
10.0 MASONRY
10.1 Materials:
1. Portland Cement: ASTM C150. Type1
2. Masonry Cement: ASTM C 91
3. Aggregate: ASTM C 144
4. Brick: Facing brick ASTM C 216 -71, grade MW, type FBS
10.2 Methods:
Do not install cracked, broken, or chipped masonry units.
Lay masonry units plumb, true to line and with level courses accurately spaced within
allowable tolerances.
Adjust masonry units into final position while mortar is soft and plastic.
Lay masonry units with full mortar coverage on horizontal and vertical joints.
Provide weep holes in head joints in first course and immediately above all flashing.
Maximum spacing is 33 inches.
Attach masonry veneer to backing with metal veneer ties. Use at least one tie per 4
square feet of veneer. Brick ties 16 inches o -c required, requires inspection.
Dry brush masonry surface after each days work. Scrub with acceptable cleaning agent.
11.0 WOOD AND PLASTICS
11.1 Materials:
All lumber must be identified by the appropriate grade stamp.
All new or replaced wood in contact with concrete, earth, or within 12 inches of ground
level must be pressure treated or wolmanized lumber, or lumber with natural resistance to
decay.
Bridging must be #2 yellow pine or fir, graded and stamped as such. (fir in non -load
bearing areas only)
12.0 ROUGH CARPENTRY
12.1 Methods:
All lumber must be fastened as detailed in IRC 602 and all Tables of the International
Residential Code (IRC) 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
tin X 6 in 16 in oC 9 FT 1 1 in
tin X 6 in 24 in OC 8 FT 8 in
tin X 6 in 16 in oC 1 3 FT 1 in
tin X 6 in 24 inoC 1 1 FT 5 in
• All new or replaced floor joists must be supported at their extreme ends by either a 2 inch
x 4 inch ledger or metal joint hanger. Toe nailing only will not be acceptable. Splicing of
floor must be properly reinforced (bridging). Ledger must be the nominal size as the joists
its supports and lag bolted to the structure.
• Remove deteriorated floor joints and replace with new joints of same dimensions.
• All SUB -floor must be 1 inch, nominal dimension or not less than 5/8 inch , exterior grade
plywood (with 15 pound felt paper moisture barrier) joined over a joist or solid bridging
except when using end match lumber.
14.0 WALL FRAMING
Studs must be spaced a maximum of 16 inches, on center with double top plates and single
bottom plate. Double studs must be provided on each side of openings exceeding 3 ft. width and
triple studs where greater than 6 ft.
All windows, doors, and arched openings must have double headers 2 x 6 minimum. Where the
openings are less than 6 ft. width, the header must be supported by one cripple stud at each
end. If the span exceeds 6 ft. then it must be supported at each end by two cripple studs.
(headers must have 1/2 inch spacers).
• Maximum - allowable span for double headers are as follows:
Size Span
i n in FT in
2 X 4 (not allowed by IRC) 2 6
2 in X 6 in 6 FT 0 in
2 in X 8 In 8 b I 0 in
• Unless plywood (4 ft. X 8 ft. X' /2 inch, CDX) grade sheathing, or other approved materials
is used for bracing, new corner posts on exterior wooden walls must be diagonally braced
with a 1 inch x 4 inch x No. #2 grade lumber let in at each corner from the bottom to the
top plate or galvanized metal corner brace. Entire exterior wall is required to be sheathed.
• To repair walls, use lumber of such dimension as will allow the finished surfaces on both
sides of the wall to be smooth and continuous.
• Posts for porch framing must be SPF 4 inch x 4 inch wolmanized lumber, or as specified
in project specifications. Wind storm approved fasteners are required at top and bottom of
post.
15.0 ROOF FRAMING
Sufficient bracing must be installed to remove and prevent reoccurrence of swag, and to
maintain a true and even plane.
Collar beams must be installed on upper 1/3 of rafter pairs, and ridge board must be placed on
every 3 pairs of rafters.
Purlins must be installed perpendicular to rafters to allow bracing to Toad bearing walls and to
remove and /or prevent reoccurrence of swag.
Load bearing wall rafter supports must be installed along purlins to even roof rafters to one
another in such a manner as to provide the decked roof surface to be in a true and even plane.
Ceiling joist strong -backs must be installed to support existing 2 inch x 6 inch ceiling joists. The
strong -back must be a minimum 2 inch x 6 inch fastened to 2 inch x 4 inch. Unit is to be set and
fastened along middle of joist span and ends must be fastened at top plate of nearest wall.
• Maximum allowable spans for ceiling joists must be as follows:
Size Spacing Max. Span
2 X 6 in 16 in o.C. 14 4"
2 X 6 in 24 in O.C. 11 FT 10 in
tin X 8 in 16 in o.C. 18FT 9 in
2in X 8 in 24 in O.C. 15FT 4 in
t X 10 in 16 in O.C. 22 FT 2"
tin X 10 in 24 in o.c. 18 FT 1 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, 1x 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.
• Wood cabinets are to have raised panel and hardware.
• Doors must be 3/4 inch A Grade birch, oak or ash plywood, trimmed with lip mold and in
line with ADA regulations.
• Drawer fronts must be same as doors. Sides, panels, and bottoms must be of 3/8 inch
plywood.
• Factory built cabinets must have plywood or solid wood fronts. Particle board is not
permitted.
Cabinet hardware must include the following:
1. Drawer suspension must be self - aligning three (3) points nylon roller suspension.
2. Drawer and cabinet pulls must be antique brass finished or wooden and properly fitted for
ease of use.
Countertops:
• Countertop must be light colored roll front, roll back, preformed, laminated countertop, or
as per project specifications. CONTRACTOR is to provide homeowner with a minimum of
three selections.
• Finished work must be finished smooth, non absorbable and easily cleanable, free from
machine or tool marks, abrasions, raised grain, etc., on exposed surfaces, and must be
machine sanded and hand dressed to a smooth finish.
• All molded members and trim must be mitered or coped at corners.
• All measurements and dimensions must be verified by the CONTRACTOR at the job.
• Nails must be countersunk and filled.
• Cabinets must be set level.
• All joints must have countersunk nailing and glue.
• Factory built cabinets must be installed as per plans and specifications or as factory
specs dictate.
• Countertop must be Tight colored roll front, roll back, preformed, laminated countertop, or
as per project specifications. CONTRACTOR is to provide homeowner with three
selections.
Interior Trim:
• Door trim must be H trim with mitered corners and installed with a 1/8 inch reveal, or
specified trim.
• Window trim must be SPF lumber. Window stools must have mitered bull nosed front
end.
• Coiling trim, where needed, must be 1 -1/4 inch cove mold with mitered joints and corners.
• Baseboard and shoe mold baseboard must either be a base mold, or where adjoining
existing base, SPF lumber.
• Shoe mold must be required in every room where sheet vinyl or hard wood flooring exists
or is installed.
• Wall trim must be used where paneling butts corner or where a wall is in two different
planes. Wall trim for paneling must be stain grade inside or outside corners. For all
others use materials as necessary.
17.0 EXTERIOR SIDING AND TRIM
17.1 Materials:
Exterior sheathing must be one of the following:
1. Wood boards or sheathing panels 5/8 inch thick (no plywood).
2. Hardboard over studs 16 inches or 24 inches on center, 5/8 inch thick.
3. Hardboard over existing siding 3/8 inch, thick.
4. Cement board Lap Siding on studs 16 inches, on center.
If siding is not replaced, it must be:
1. Wood siding not Tess than 5/8 inch unless installed over sheathing. All siding must be "C"
grade or better, free from loose knots and splits.
2. Plywood must be of exterior grade and must have thickness of 5/8 inch.
3. Matching existing as required.
All siding replacement must be of conforming pattern, type, and color. If unable to match,
entire structure must be painted to make color uniform.
Exterior trim must be preservative, treated, wolmanized lumber where contact with water is
likely. Otherwise lumber used must be #2 yellow pine.
Building face brick must be of gas fired solid clay shale units. Structural clay tile,concrete
masonry units, and stone must comply with FHA specifications, Section 703.
All fasteners must be non - corrosive nails.
All new exterior siding must be completed with material of like quality over 15# felt paper.
Repair of trim must be done with "C" grade material.
Repair of siding must be done with material of like quality over 15# felt paper. Repair of trim
must be done with "C" grade material.
17.2 Methods:
Trim must be complete with no pieces missing. Repaired siding must be laced into existing
siding.
Vinyl Siding must be installed per manufacture's specifications.
Trim must be complete with no pieces missing. Repaired siding must be laced into existing
siding.
When new siding is placed over existing, the existing siding must fully cover the wall to supply an
even surface for application of new siding. Fasteners must be long enough to penetrate into the
existing structural members at least 1/2 inch. A moisture barrier (building felt paper) must be
used directly under new siding.
New siding — If panel siding is used all joints and panels must fall on center of framing members.
For lap siding start application by fastening a wood starter strip (3/8 inch x 3/8 inch) along
bottom edge of the Sill. Level and install first piece of siding so that bottom edge is at least 1/8
inch, below the starter strip. Fasteners must be 3/4 inch up from the drip edge of the siding.
Butt edges must occur only at stud locations. Minimum overlap of course must be 1 inch. No
siding may be placed closer than 6 inches to the exposed earth.
Roof trim:
• Fascia must be installed on wood band nailed to rafter tails and must be wider than the
cut of the rafter.
• Soffitt must be 1/4 inch all grade exterior plywood installed to rafter (when specified).
• Frieze board must be installed at top plate of wall and extend to decking of roof and fit
tightly between rafters (no gaps).
Posts and handrails:
• Columns must be a minimum 4 inch x 4 inch dimension and be treated lumber.
• Handrails must be wolmanized treated lumber.
• Porches must be constructed of treated lumber and porch flooring must be made of 4
inch x 4 inch wolmanized or treated lumber, rough cedar, or #2 yellow pine, with
corrosive resistant nails.
• Exterior door and window trim must be wolmanized treated lumber rough cedar or #2
yellow pine: with corrosive resistant nails. Gaps must be only large enough so that
caulking will be sufficient to fill.
18.0 INSULATION
Must be in line with ICC, IBC, and IRC.
18.1 Materials:
Exterior wall insulation: provide foil or paper faced glass fiber batts having a thermal resistance
"R" value of at least R- 13.Defaced wall insulation is strongly suggested.
Blown insulation is acceptable but should have proper fire retardant and be placed above and
below fire blocking.
Ceiling insulation: provide foil or paper faced glass fiber batts having a thermal resistance "R"
value of at least R -30.
R factors must be the following:
• Ceiling: R -30
• Wall: R -19
• Floor: R -13
18.2 Methods:
Install all insulation according to manufacturer's instructions unless otherwise specified.
19.0 ROOFING
19.1 Materials:
Install minimum 220 pound equivalent fiberglass seal tab Class A fiberglass composition shingle:
(20 year warranty) according to manufacturer's directions. Homeowner is to choose one color
from three choices (to be light colors only).
Fiberglass shingles have class A label.
Asphalt shingles should have a Class C label.
Felt should be 151b. 36 inches wide.
19.2 Methods:
All roofing must be applied in accordance with the International Residential Code 2006. Unless
otherwise specified, all old roof covering, whether composition, wood, or built up, must be
removed prior to installation of new roof.
All defective, rotten, or missing sheathing, overhangs, rafter ends, and fascia must be replaced.
There must not be any voids or obstructions in the sheathing, and knotholes must be covered
with sheet metal.
All roofing must be done in accordance with the manufacturer's recommendations, and installed
in such a manner to prevent any leaks.
20.0 DEMOLITION
Demolition of existing roofing must be done quickly to allow replacement before an inclement
weather condition develops. Precautions must be taken to protect the existing house from water -
damage at all time.
All torn off material must be heaped in piles and hauled away immediately.
All nails from the tear off and replacement must be picked up immediately.
21.0 COMPOSITION ROOFING
Attached with felt nails in 15# felt paper overlapping rows 4 inches.
Metal Roofing:
• Metal roofing must be installed using a starter strip on barge rafters and indicated
sections must be roofed with 5 "V" crimp metal roofing and FHA type metal drip edge.
• Fasteners must be lead head nails.
Built -up Roofing:
• For built -up roofs, nail one ply of 30# felt. MOP two plies of 15# felt. Apply hot mopped
tar and gravel, properly spaced to create a uniform and durable roof.
Flashing:
• All flashing and valley material must be standard grade 26 (zinc coated G90).
• Valley tin must be "V" trough valley flashing (minimum 24 inches wide corrosion - resistant
metal).
• Galvanized or aluminum turbine vent, minimum of two.
• All old valley flashing must be removed.
• Shingles may be trimmed to allow 4 inches trough or may be laced over flashing.
• All flashing must be installed only after all felt paper is in place.
• Gables and eaves must have galvanized drip edge.
• When the rake of a roof abuts a vertical wall, stepped metal flashing must be applied over
the end of each course of shingles.
• All pipes projecting through the roof must have metal stack flashing or neoprene rings.
Areas in Flood Plain:
• Areas in flood plain when elevated shall be accounted for as part of bid package and
other eligible drainage shall be assumed at this point, as construction of property does
not interfere with surrounding land or structures.
22.0 DOORS
22.1 Materials:
All newly installed exterior doors must be 1 -3/4 inch, solid core units. They must be drilled for a
lockset and deadbolt. Minimum of one 36 inch door.
All interior doors must be hollow core mahogany with a minimum thickness of 1 -3/8 inch and
must be cored for a lockset. Bedroom doors shall be minimum 32 inches.
Storm doors must be of extruded construction with a minimum thickness of 1 inch x 2 inch fluted
stiles, a 2 -1/2 inch wide extruded aluminum solid push bar, heavy duty kick plate, furnished with
18/16 inch aluminum mesh wire. It must be equipped with a pneumatic closer, a catch latch, and
hung on a matching factory built frame.
Wooden screen doors must be of select preservative treated Western Ponderosa Fine, with
dowel joint construction and furnished with 18/16 inch mesh aluminum screen wire, minimum
thickness 1 -1/8 inch.
Pre -hung units must have a frame made of 3/4 inch material with a properly plowed jamb to
receive 1 -3/4 inch or 1- 3/8 inch doors. A pre -hung unit must be equipped with the door panel,
jamb, and all trim.
22.2 Methods:
Exterior Doors:
• Pre -hung exterior doors must be installed plumb and level. Door panel must not be
trimmed or manipulated in any fashion and must swing free and easy.
• When a panel is to be inserted into an existing frame, the door opening must be level and
made capable of holding the new door. Recommended clearance from the door edge to
the jamb is 3/16 inch. The door must not be trimmed or manipulated in any fashion and
must swing free and easy.
• Weather proofing of bottom to prevent energy Toss and pests. Peep holes shall be in
accordance with ICC or IRC in use. If missed, windows on either side of door shall be
installed.
Interior Doors:
• Pre -hung units must be installed plumb and level to insure proper operation. Bottom of
the door may be cut off to allow proper ventilation and operation.
• When a panel is to be inserted into an existing frame, the door opening must be level and
made capable of holding the new door. Recommended clearance from the door to jamb is
3/16 in. The panel must be cut off to allow proper ventilation and operation.
• Bi- folding or louvered bi- folding doors must be used where specified. They must have four
panels and have pulls attached to the outside two. They must be installed plumb and
must fit evenly and snug between butted panels.
• Pre -hung wooden doors vented a minimum of 100 square inches, top and bottom, must
be used on gas water heater closet door openings. Door must be installed plumb and
level for proper operation.
• Must be in line with ICC, IRC, and IBC.
• Weather proofing of bottom to prevent energy loss and pests. Peep holes shall be in
accordance with ICC or IRC in use. If missed, windows on either side of door shall be
installed.
Storm Doors:
• If mounting surface is rotten or in any manner deteriorated, it must be replaced.
• Storm doors must be installed with screw fasteners and must be caulked and well fitted.
Screen Doors:
• Wooden screen doors must be installed level and be closely fitted to insure protection
from rodent and insect infiltration. If the mounting surface is rotten or deteriorated, it must
be replaced.
• Aluminum screen doors must comply with the specifications for storm doors, by owner's
request.
Door Repair:
• Entrance doors must have 1-1/2 inch pair of door butts, weather strip threshold (made of
rolled vinyl with aluminum channel backing).
• Any damaged or missing parts must be replaced.
• All make -shift door frames must be replaced (fill in all holes at doors to be neat and
permanent).
• All doors must fit and work properly.
23.0 Windows
All windows are required to be Low -E type, High Impact per IRC 301.2.1.2 and IRC R 613.7
23.1 Materials:
Wooden replacement units must be constructed of "S" or "T" stiles, check rail, or plain rail.
Material must be preservative treated Western Ponderosa Pine Minimum thickness of 1 -3/8 inch.
Aluminum units must be constructed of heavy gauge extruded aluminum sections (min.
thickness .062). Exposed surfaces of all aluminum must be extruded of first class material with
no serious defects or blemishes. All joints must be neatly fitted, secure, and water tight.
Windows must have standard screens over movable part of window.
Aluminum screens must be removable. Screen frames must be minimum 3/8 inch x .020 gauge
wire with 8 -8x16 inch mesh aluminum screen wire. Vinyl spline must be used to hold wire in
screen frame.
Wood screens must be made of 3/4 inch material; header and sides must be a minimum of 2
inches in width; base must be 3 inches wide and must be properly doweled at joints; and screen
wire must be 18 inch x 14 inch mesh.
23.2 Methods:
Repairs:
• Re- screening must be done with 18 inch x 14 inch, mesh aluminum screen wire. Replace
screen molding with new matching molding.
• Repair window with #1 material leaving no defect in frame, sill, sash, sash locks,
balances, weather stripping, hardware, aluminum screen, etc. Re- glazing surfaces must
be properly prepared by removal of all cracked or otherwise unsound glazing material.
Proper holding devices must be installed. New glazing compounds must be of good grade
and applied according to manufacturer's specifications. Type of glazing compound must
conform to usage.
New Windows — Energy Code Rep 2006 IECC CODE:
• If new windows are to be installed, the installation area must be cut and the window
installed on the same day. Leaving the site secure and the window in operating and
locking condition at the end of the day.
• All interior and exterior gaps, joints, or mating surfaces must be caulked to prevent air
infiltration.
• Windows must be installed plumb and level to ensure proper operation with no "sticking ".
Storm Windows:
• Storm windows must be attached to the existing window frame or trim. If mounting
surface is deteriorated, rotted, or of inferior quality, it must be replaced. Storm windows
must enhance weatherization. At no time will storm windows be installed to rectify air
leakage or other deterioration of existing window. Standard shall be in accordance with
ICC and IRC warranty item.
• Installation must not interfere with the operation of the existing window and the storm
window must be caulked to insure protection from water and air infiltration.
24.0 HARDWARE
24.1 Materials:
Door locksets must meet industry standards. Entrance locksets must all be keyed alike with
deadbolts. Deadbolts must be installed on front and rear entry doors, and must be finished in
antique brass. All brands must be approved by the Contract Administrator.
Interior Doors - All bathroom and bedroom doors must have privacy. All other doors must have
passage locksets.
25.0 WALLBOARD
25.1 Materials:
Gypsum board must conform to Fed. Spec. SS -L -30 type III, class I style 3 and must have been
tapered joint gypsum board (thickness 1/2 inch on walls and ceilings). 5/8 inch grade X wall
board will be used for fire- retardant requirements. Moisture resistant "green board" will be used
in wet locations such as bathrooms.
Paneling must be smooth without blemish 1/4 inch thick and finished according to individual
specifications.
Perforated tape mix installation must comply with the recommendations of the manufacturer.
Temperature must be 55 degrees Fahrenheit or above in the area it is being applied until the
cement is completely dry.
25.2 Methods:
Gypsum Board — Ceiling:
• Fasteners must be spaced as follows:
Spacing Size Type of Nails
7 o.c. Z in 1 i flathead
6 o.c 5 /8 in 1 ' /8 in flathead
• Nails must be driven with their heads perpendicular to the face of the board and seated
below the surface of the board without breaking the paper (screws must comply with the
same above).
• The board must be cut to fit with tapered sides butting and ends butting. Where possible
end joints must be staggered.
1
Gypsum Board — Wall:
• Fasteners must be spaced as follows:
Spacing Type of Nails
'/Z i n 8 in. o.c. 11/4 in flathead
1/4 i n 8 in o.c. 1 7/8 in flathead
5/8 in 7 in o.c. 1 7/8 in flathead
• Nails must be driven with their shanks perpendicular to the face of the board and seated
below the surface of the board without breaking the paper.
• The board must be cut to fit with tapered edges butting and ends butting, where possible
joints must be staggered.
• Screws shall be type S or W and be sufficiently long to penetrate wood framing not Tess
than 3/8 inch (IR 702.3.6).
26.0 Paneling:
Nails must be matching color paneling nails with screw head or annular thread shank or finish
nail set and puttied. Length of nail must provide at least 1/2 inch penetration into wood support.
Space nails at least 12 inches on center. Minimum 1/4 inch thick paneling secured with panel
adhesive must be used when stud spacing is greater than 16 inches on center.
There must be solid backing for all edges. Paneling must be installed level with no gaps
between sheets and where it meets the ceiling and floor. Other wall gaps are allowed only as
wide as the trim must cover.
Drywall Repair:
• Must be accomplished with the patched gypsum board of the see dimension as the
original board to leave the patched area in plane with the surrounding drywall finish.
Tape, float, and texture are to match existing wall finish.
Tape and Float:
• Over joints, the tape must be embedded in cement and covered with a thin layer of
cement. A second and third coat must be applied with each coat feathered and
extended beyond the previous coat by 2 inches. The finish coat must be sanded lightly
and any imperfections filled in prior to any painting or decorating.
• Cover nails with three (3) applications of cement allowing time to dry between each coat.
The final coat must be sanded lightly before application of paint or other decoration.
• Inside corners must be reinforced with tape embedded in cement, finish as specified
"over joints."
• Outside corners must be protected by wood molding, metal molding, or metal corner bead
reinforcement. Metal corner reinforcement must be finished as specified 'over joints" with
two coats of cement.
• Texturing Ceilings must be stomped and dragged. Walls must be lightly textured, for
repairs texture should match existing.
27.0 Flooring:
Bathroom underlayment must be 5/8 inch CDX exterior grade plywood over a 30 pound felt
paper vapor barrier.
All other floors must have 5/8 inch, plywood installed with vapor barrier as in bathroom; floors
must be smooth and even throughout structures.
If hardwood flooring is to be installed SUB - flooring must be 5/8 inch CDX plywood.
Vinyl Asbestos tile must be 12 inch x 12 inch x square and 1/8 inch thickness homogenous type
as approved by the Contract Administrator.
Sheet vinyl must be of 12 millimeters. Floors in bath and kitchen must have waterproofed cover.
Homeowner must choose from one of three choices provided by CONTRACTOR.
Carpeting must be of durable quality nylon fabric with jute backing and meet or exceed current
FHA specifications, and must be a 24 -28 oz. face weight carpet with continuous nylon filament.
27.1 Methods:
Repairs:
All damaged portions of SUB -floor must be removed and new flooring of same type applied,
Subject to the absence of mold or other environmental hazards.
All floors with damaged sheet covering must have the entire flooring in that room replaced when
specified to be repaired. Tile floors may be patched if tile matching quality and appearance is
available, otherwise, all tile must be replaced.
Moisture barrier shall be adequately treated.
Vinyl Floor Covering:
• Floors to receive vinyl must have all foreign material removed from surfaces and all holes
must be filled. Nails must be countersunk.
• Installation must be done with manufacturer's suggested adhesive. No joints must be
permitted. The vinyl must be fitted with no gaps showing at walls, door openings, or trim.
Full cover must be achieved. At doors or other areas of joining, metal strips must be
installed to protect floor covering.
Carpet:
• sub -floor must be free from holes and foreign material. Nails must be countersunk.
• Installation must be accomplished using tack strips and carpet must be stretched and
then attached to tack strips.
• Carpet must be installed on 3/8 inch composition pad. (F H A Standard)
28.0 PAINTING
28.1 Materials:
All paints must be new, sealed in their original container and carry a manufacturer's warranty.
Exterior paint must carry a quality of no less than a 15 year warranty.
Interior paint for walls, ceiling, and trim must carry a quality of no Tess than a 10 year warranty.
Caulk to be minimum 20 year warrant acrylic latex.
28.2 Methods:
All work must be done by skilled mechanics and must be uniform in appearance, of approved
color, smooth and free from runs, sags, skips, and defective brushing.
Paint must be well mixed, not settled, badly caked, or thickened in container. It must be readily
broken up with a paddle to a smooth consistency and have easy brushing properties.
Paint must be readily mixed.
Installation rate must be no higher than the manufacturer's suggested rate of coverage. All paint
materials must be delivered in original unopened containers, with labels and tag intact.
Paint must be allowed to dry hard between coats, as per manufacturer's recommendation. Full
coverage is required.
When color, wood grain, stain, or undercoat show through the final coat of paint, the work must
be covered by additional coats until the paint is uniform in color and appearance and coverage is
completed.
Make edges of paint adjoining other materials or colors sharp and clean without overlapping.
All cracks and joints must be completely sealed with caulking compound (both interior and
exterior). Caulking compound must be delivered to the job in manufacturer's unopened
containers.
Hardware, accessories, and fixtures must be removed and protected during painting and
replaced afterwards.
All work must be protected from damage by use of drop cloths.
Spray painting is allowed only where indicated by individual specifications.
At completion of all construction of the job, all damaged surfaces must be touched up and left in
first class condition.
CONTRACTOR must provide color samples for the homeowner's approval.
NOTE: LEAD BASE PAINT MUST NOT BE USED.
Exterior Painting:
• Exterior painting must be performed when weather conditions are acceptable as
recommended by the manufacturer. Back prime unpainted wood with one coat of primer,
and paint with mildew retardant. Nail holes, splits, or scratches must be puttied, caulked
or spackled smooth after prime coat. Knots and pitch streaks must be spot primed with a
quality stain killer. Wood surfaces must have smooth finished surface when painted.
Interior painting:
• Walls and ceiling stained by water must be treated with a quality stain killer prior to
painting. At no time will latex paint be used to cover oil base paint. All trim and wood
must receive two coats of semi -gloss oil base enamel paint.
Porch and Floor Enamel:
• Paint shall be sensibly chosen based on resistance and interior and exterior sections of
the porch. All surfaces must be cured, dry and cleaned free of conditions that would
adversely affect the performance of the coating. Prime according to product
specifications.
29.0 MECHANICAL
29.1 General Specifications:
All plumbing installations must conform to the current IPC, ICC, and IFC.
When house is to be raised or lowered, temporary connections must be provided to have
continuous operation of all systems by the homeowner. Any interruption of service must not
exceed 28 hours. Homeowner must be notified at least 24 hours prior to expected interruption,
and must be notified when system is once again operational. Gas systems shall be checked by
licensed plumber and a report must be provided to the COPA inspectors.
Relocate house lines to new or relocated fixtures. Install new venting to new fixture locations.
All lines must be located in wall cavities and under foundation. Include roof jacks and flashing
where necessary.
If lines can be repaired they must be repaired as needed to be in good operating condition and
free of defects.
Required inspections by work done must be by licensed, bonded CONTRACTORs.
29.2 Materials:
Fixtures:
• New or replaced 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 or replaced lavatory - replace with a cast iron porcelain enamel unit if damaged.
Mount securely to wall frame located as per plans. Faucet must be washer less, chrome
plated brass dual control unit with water, DWV, and cut off valves. Vanity unit, when
specified, must have monolithic sink and top of resin cast marble, base must be wood
veneer on front and sides.
• New or replaced Tub Unit - install new white enameled steel tub unit as per plans. To
include new trap overflow and drain with stop valve, and water and waste connections.
Valve must be washer less and high quality chrome plated brass unit with dual control,
jewel handles. Install plumbing access.
• New or replaced Shower Tub Unit - install new white fiberglass shower /tub unit as per
plans. To include new rap overflow and drain with stop valve and water connections.
Valve must be washer less and high quality chrome plated brass unit with dual control,
jewel handles.
• New or replaced Water Closet - install new white round bowl vitreous china low -flow type
unit as per plans. To have new tank gaskets, flow valve assembly, handles, mountings, lid
and seat, and water and waste water line connections. Water line must have cut off
valves.
Bathroom hardware must include the following:
1. Two chrome towel bars 18 inches long
2. Chrome toilet tissue holder
3. Chrome toothbrush and tumbler holder
4. Recessed wall mounted mirrored medicine cabinet
5. Lavatory wall, centered over lavatory
6. Shower unit panel kit must be ABS plastic unit sealed with matching color silicone caulk
7. Chrome shower curtain rod
New or replaced dryer venting must be ducted through the exterior wall or through roof. All
openings must be rodent, weather proof, and maximum length per IMC 2006.
New or replaced Washer Connections - must be recessed mount box in wall with DWV and
water faucets. Relocate or connect machine to operate properly as per plans.
New or replaced Hose Bibs - must be installed at locations on plans. Exterior hose bibs must
be the frost -proof type. Install frost -proof hose bib vacuum breaker on all exterior hose bibs.
Gas Appliances:
• Wall Furnace - Must be U.L. listed wall furnace. It must include all connections, piping,
and fittings. Furnace must be thermostatically controlled, high efficiency, forced air,
automatic fan control unit. BTU output and number of units must be determined in the
individual specifications. Unit must have gas shutoff located adjacent to the unit
operable. The unit must be installed by a licensed HVAC CONTRACTOR. Resolution
check will be required before permit is issued and required.
• Install new water heater to be 30 gallon high efficiency, gas fired automatic tank type
heater located as per plans. Unit must include all new venting and connections. Gas
outlet and cut off must be located at front of water heater closet. Fresh air inlets are
required at top and bottom to allow combustion air to vent from the outside. Installation
must be according to IRC, ICC, IFC, and IPC.
Piping:
• New or replaced Drain, waste, and vent lines must be standard weight galvanized steel
pipe with cast iron drainage fittings, or standard weight cast iron soil pipe and fittings or
schedule 40 polyvinyl chloride pipe and fittings. All piping passing through the roof must
be properly flashed. Must have clean -out located at exterior of house.
• New or replaced Water lines must be type "L" copper, located inside wall cavities. After
installation they must be pressure tested with 125 psi for 30 minutes prior to coverage. A
dielectric fitting is required between piping of dissimilar metals. All water lines above
ground and not inside an insulated wall cavity or ceiling /attic space will be freeze
protected with 1/2 inch fiberglass insulation or 1/2 inch armor flex, sealed at all joints.
• All existing gas piping is to be tested with 6 Ib. mercury column. Any leaks will be reported
immediately to Contract Administrator.
• All year service lines (water, sewer and gas) must have a minimum of 12 inches of
ground cover.
• Permits are responsibility of all parties.
30.0 Electrical:
30.1 General Specifications:
All new electrical installations must conform to the National Electrical Code most recently
adopted and city ordinance.
Plans must be considered as recommended layout; however, the National Electrical Code must
be the rule in all instances.
New or replaced mast, meter loop, and breaker panel as per plans and work -write ups. Plans
must be reviewed and approved by Inspections Department.
All fixtures must be U.L. approved. GFCI protection needed per NEC and within 6 feet of water,
exterior and garage must be in place at socket per water source.
All wiring must be fished in wall cavities. Any surface mounted wiring must be in smooth EMT
conduit or wire mold securely mounted.
All wiring to washer and dryer capable of handling equipment power capacity. (HINT -with rehab
panel boxes capacity shall be equal to or greater than compatible equipment and /or machines.)
30.2 Materials:
Fixtures:
• HINT: With rehabilitation, panel boxes capacity shall be equal to or greater than
compatible equipment/machines.
• Smoke and CO Detector -For all new construction and rehabilitation of multi - family
properties: 110 volt U.L. listed smoke alarm unit with battery backup installed according
to State of Texas property code, IRC 2006 and manufacturer's recommendation at
location(s) specified on project specifications. Also at least one carbon monoxide
detector must be installed if natural gas or other combustible is used as fuel source.
• Smoke and CO Detector -For Rehabilitation of owner occupied housing: battery operated
smoke detectors and at least one carbon monoxide detector must be installed to provide
adequate coverage for the entire household.
• Bathroom ceiling heater must be forced fan unit. Install as per plans and manufacturer's
recommendations.
• Bath Exhaust Fan must be U.L. approved and installed to meet all applicable local codes,
and vented to outside.
• Newly installed Range Hood must be U.L. listed and vented through the roof.
• Service Entrance must be a minimum 100 amp, 120/240v service as per plans.
• GFCI's will be installed at any outlet that is within six feet of a water source measured at
the shortest distance; exterior and garages. Such devices will be properly grounded and
tested for proper function.
• AFCI's for bedrooms will be required.
31.0 Miscellaneous:
Property must have one year policy with initial and three (3) quarterly return treatments for
ants, roaches, silverfish and rodents if required.
Property must have a one -time treatment for termite control. Both exterminations must be
performed by a licensed and bonded company and must have a one year written warranty or
guarantee delivered to the homeowner through the Contract Administrator. A one -time fee
for treatment must be made for the initial treatments and the three quarterly treatments, if
required.
This process shall be coordinated with the leveling or foundation repair personnel or
CONTRACTOR.
Attic Access:
• Must be located as per plans. Dimensions must be listed on plans. Scuttle hole cover
must be 5/8 inch plywood with a smooth finish. T rim must be H trim with mitered joints.
Paint o match other trim in house. Cover must have insulation bat cut to fit on top of it.
Scuttle hole must be a minimum of 22 x 30 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.)
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.
Department of License & Registration
• All sections reference Department of License & Registration, Rules and Regulations as
per HUD requirements.
Resources
www. license .state.tx.us /ab /abtas.htm
www.gbci.orq/
www.hud.qov/offices/hsq/omhar/paes/greenini.cfm
www.hud.gov/ offices /cpd /affordablehousincl/training /web /energy /help /green.cfm
www.energycodes.gov /rescheck/
www.Iicense.state.tx.us
www.epls.gov