HomeMy WebLinkAboutContract 30079 CITY SECRETARY
CONTRACT NO .
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth ("City"),
acting by and through Reid Rector, its duly authorized Assistant City Manager, and United
Riverside Rebuilding Corporation ("Contractor"), by and through George Hill, its duly authorized
President. Contractor's business address is 201 S Sylvania, Fort Worth, Texas 76111.
WHEREAS, the City of Fort Worth ("City") has received a grant from the United States
Department of Housing and Urban Development ("HUD") through the Home Investment
Partnerships Program ("HOME"), Program No. M-03-MC-48-0204, Catalog of Federal
Domestic Assistance ("CFDA") No. 14.239, with which the City desires to promote activities
that expand the supply of affordable housing and the development of partnerships among the
City, local governments, local lenders, private industry and neighborhood based nonprofit
housing organizations; and
WHEREAS, the primary purpose of the HOME program pursuant to the HOME
Investment Partnerships Act at Title II of the Cranston Gonzales National Affordable Housing
Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NAHA") and the HOME Investment
Partnership Program Final Rule, as amended, 24 CFR Part 92 et seq. (the "HOME Regulations"
or "Regulations") is to benefit low and very low income citizens by providing them with
affordable housing; and
WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of
Directors, is working to increase the number of decent, affordable housing units available to low
and moderate income persons; and
WHEREAS, the citizens and the City Council of Fort Worth have determined that the
development of safe, decent, and affordable housing is needed for moderate, low, and very low-
income citizens of Fort Worth;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1. GENERAL PROVISIONS
A. Purpose
The express purpose of this contract is to provide Contractor with HOME funds not to
exceed Two Hundred Seventeen Thousand Two Hundred Dollars and No/100 ($217,200.00) for
housing development.
One Hundred Sixty-Seven Thousand Two Hundred and No/100 Dollars, ($167,200.00) is
designated as "Program Funds", and may be used for housing development a
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of the construction of new single family homes, and the acquisition and rehabilitation of existing
homes for sale to low income homebuyers in accordance with the "Program Summary", attached
hereto as Exhibit A and incorporated herein for all purposes. Eligible costs are those allowed
under the HOME Regulations.
The following are the specific activities that are eligible for funding with Program Funds:
1) acquisition of vacant properties; 2) site preparation; 3) related soft costs such as appraisals,
architect's and engineer's fees, city permits, legal fees, and costs associated with the development
and sale of homes; 4) new home construction and rehabilitation of existing houses for sale to
qualified homebuyers.
Fifty Thousand Dollars, ($50,000.00) shall be for "Operating Support" and may be used
for operating expenses in the management of the organization.
Upon the sale of each house, Contractor may claim a developer's fee of$3000 and any
additional sales proceeds that exceed the development cost for that house. Contractor, at its
discretion and to further its program goals, may use these funds. (No developer's fee will be paid
for projects where the development cost exceeds the sales price by more than ten percent (10%).
If,during this contract period, Contractor maintains the Performance Standards established by the
City for retention of CHDO proceeds, the remaining proceeds from the sale of each house may
be retained by the Contractor as CHDO proceeds and used for HOME-eligible or other housing
activities, as required by 24 CFR 92.300(a)(2), if the project is begun before the end of this
contract.
The City hereby certifies that Contractor is a Community Housing Development
Organization (CHDO) and acts as a housing developer as defined by HUD.
The City shall act through its agent, the City Manager, or his or her duly authorized
representative, unless otherwise stated in this contract. Contractor agrees to comply with the
uniform administrative requirements contained in Section 92.505 of the HOME Regulations,
including Subpart F, and all applicable City Codes and regulations.
B. Duration/Period of Affordability
This contract begins on the date of execution and terminates twelve (12) months
thereafter. This Contract may be extended for an additional one (1) one-year term. In the event
Contractor desires to extend the term of this contract beyond its stated 12 month term, it shall
submit a written request for extension to the City at least sixty (60) days prior to the expiration
date. That request for extension shall include the Contractor's anticipated budget, goals and
objectives for the extended term; provided, however, that the City is under no duty or obligation to
grant the requested extension, and any such extension must be in writing as an amendment to this
contract and approved by the City Manager or his or her designee.
The housing owned or developed by Contractor shall remain affordable as required by
Section 92.254 of the Regulations. Affordability means that the actual principal, interest,
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property taxes, and insurance (PITT) for the purchase does not exceed thirty percent (30%) of the
monthly adjusted income of a family with an income at or below eighty percent (80%) of the
median income of the area, adjusted for family size, as established by HUD. If the housing does
not meet the affordability requirements stated below, the funds used to produce said housing
must be repaid to the City. Single family housing developed with HOME funds must remain
affordable housing for minimum periods of. 5 years where per unit amount of HOME funds
provided is less than $15,000; 10 years where the per unit amount of HOME funds provided is
$15,000 to $40,000; and 15 years where the per unit amount of HOME funds provided is greater
than $40,000. Repayment of the HOME funds attributable to the unit or units that do not
maintain the HOME affordability requirements will be required from Contractor, if at any time
Contractor is found to be out of compliance with the above affordability periods.
C. Income Eligibility and Use of House as Principal Residence
The HOME program income targeting requirements for the HOME program and for
HOME projects are defined in 92 CFR 203(b)(1)(2)(3). Annual income is used to establish
homeowner eligibility. The definition of annual income to determine homebuyer eligibility
under this contract shall be the definition specified in 92 CFR 203(b)(2). The annual income of
the homebuyer, adjusted for family size, shall not exceed eighty percent (80%) of the area
median income as established by HUD. Contractor shall use the most current HUD Program
Income Guidelines to determine program eligibility.
Contractor shall insure that the homebuyer will use the home purchased under this
program as his/her principal residence during the period of affordability.
D. Housing Standards.
New housing units constructed under this contract shall meet the International Residential
Model Energy Code, the Uniform Federal Accessibility Standards (UFAS), the City's Basic
Access Ordinance No. 14171 attached as Exhibit E and incorporated herein for all purposes, and
all other applicable standards under the City Codes and ordinances.
E. Other Requirements
The sales price of the houses developed under this contract shall not exceed ninety-five
percent (95%) of the median purchase price of the type of single family housing for Fort Worth
as determined by HUD.
The sales price of the houses shall not exceed the appraised value of the property as
determined by an independent appraiser.
Contractor shall demonstrate that the CHDO funds shall be leveraged by other funding
sources.
F. Independent Contractor
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Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of the City. Contractor shall have exclusive control of, and the
exclusive right to control the details of the work and services performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, members, agents, servants, employees, subcontractors, program participants, licensees
or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor,
its officers, members, agents, servants, employees, subcontractors, program participants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor. It is expressly understood and agreed that no officer,
member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program
participant hereunder, is in the paid service of City and that City does not have the legal right to
control the details of the tasks performed hereunder by Contractor, its officers, members, agents,
employees, subcontractors, program participants, licensees or invitees.
City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged;
and Contractor hereby indemnifies and holds harmless City and its officers, agents, and
employees from and against any and all claims or suits.
G. Termination.
This contract may be terminated by the City in the event of default, inability, or failure to
perform on the part of Contractor, or whenever such termination is determined by the City to be
in the City's best interest. Likewise, the contract may be terminated by Contractor if the City
does not provide funds pursuant to this agreement. The contract may be terminated for mutual
convenience upon agreement of the parties.
The parties acknowledge that HOME funds paid hereunder are intended to provide only
partial funding for Contractor's program operations. If non-HOME funds to implement the
program are not forthcoming to the Contractor during the contract term, the City may terminate
this contract.
Pursuant to the City's CHDO Program and Funding Requirements, Contractor shall begin
acquisition and construction work within 12 months from the date of contract execution. Failure
to start within the 12-month period is grounds for termination.
City shall notify the Contractor in writing of any breach of this contract, and specify a
reasonable time within which to cure the particular breach. After being notified of such breach,
and if the breach is deemed to be material, if Contractor fails to cure the breach within the time
stated in the notice, this contract shall automatically terminate at the expiration of the stated time
allowed for cure.
Contractor will return to City any unused monies previously distributed under this
contract within thirty (30) days of the effective date of contract termination. City will have no
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responsibility or liability for Contractor's expenditures or actions occurring after the effective
date of the contract termination.
H. Venue
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-performance of this contract , venue for said action
shall be in Tarrant County, Texas.
I. Written Instrument is Entire Agreement
All terms of this contract shall apply to any and all subcontractors of Contractor which
are in any way paid with HOME funds or who perform any work in connection with
Contractor's Program.
The provisions of this contract are severable, and, if for any reason a clause, sentence,
paragraph or other part of this contract shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on
any future occasion.
This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this contract for all purposes, constitutes the entire contract by the
parties hereto concerning the work and services to be performed under this contract. Any prior or
contemporaneous oral or written agreement, which purports to vary the terms of this contract,
shall be void. Any amendments to the terms of this contract must be in writing and must be
approved by each party to this contract.
The paragraph headings contained herein are for convenience in reference to this contract
and are not intended to define or to limit the scope of any provision of this contract.
2. DUTIES AND RESPONSIBILITIES OF CITY
A. Disbursement of Funds
The City will furnish federal grant funds, (HUD HOME Investment Partnerships
Program No. M-03-MC-48-0204 for use as stated herein. The City will monitor the use of such
funds to ensure appropriate use of the funds. Funds shall be disbursed after execution of this
contract and compliance with the provisions therein. The City will monitor the use of such funds
to ensure appropriate use of the funds. Disbursement of"Operating Support" funds will be on an
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advance of funds basis to cover monthly operating expenses and will require completion of. (1)
Attachment I "Request For Funds", (2) Attachment II "Detail Statement of Costs" and
Attachment III Expenditure Worksheet". Contractor may request an advance of 1/12`h of its
annual Operating Support funds monthly. Contractor may request an initial advance for two
months of operating funds to cover start up expenses. Operating funds will be disbursed monthly
thereafter. Contractor may request additional operating funds; if necessary, to meet monthly
expenses that exceed 1/12`h of the budget amount.
Disbursements of Program Funds for actual acquisition, construction, and/or sale will
not be made until actually needed for payment. Payment of expenses will require completion of a
Request For Funds form, and a copy of supporting documents, including the property sales
contract, appraisal, notice to seller, environmental review and contract between Contractor and
builder attached as Attachment V- "Contract For Construction".
B. Amount of Funds
It is agreed that the total distribution of federal grant funds made available to or paid on
behalf of Contractor, during the term of this contract shall not exceed the total sum of Two
Hundred Seventeen Thousand Two Hundred Dollars and No/100 ($217,200.00).
Contractor shall be paid on an advance of funds basis for all expenses incurred under this
contract to pay for specific operating costs and housing development costs, including lot
acquisition and related housing soft costs. Prior to the release of funds for construction draws,
work items must pass inspection by City's Housing Department inspectors evidenced by a
completed inspection form Attachment VI "Request for Inspection".
3. DUTIES AND RESPONSIBILITIES OF CONTRACTOR
A. Statement of Work, Budget and Time Line for Goals and Expenditures
Contractor will use the One Hundred Sixty Seven Thousand Two Hundred Dollars and
No/100 ($167,200) in HOME funds provided under this contract to develop housing affordable
to low and very-low income families. Contractor may only use HOME funds for activities that
are HOME eligible.
Fifty Thousand Dollars and No/100 ($50,000.00) will be used for specific administrative
needs of Contractor and One Hundred Sixty Seven Thousand Two Hundred Dollars,
($167,200.00) for construction and sale of two (2) new houses in accordance with Exhibits B
"Operating Support" and B-1 "Development Budget".
Contractor shall insure that homebuyers complete a homeownership training program
prior to closing. Contractor shall also help homebuyers obtain closing cost assistance and/or
deferred loan payment under the City's Homebuyer's Assistance Program or other available
programs to make housing affordable to homebuyers. Funds will be utilized only to provide
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affordable housing within the City of Fort Worth, Texas.
B. Budget
Contractor agrees that the HOME funds will be expended in accordance with the
projected Program Budgets in Exhibit B "Operating Support" and B-1 "Development
Budget" attached hereto and incorporated for all purposes. Any change exceeding ten percent
(10%) of the total cost per housing unit shown in the Budgets shall be made only with prior
written approval of the City. Under no circumstances shall the total amount of program funds
expended by Contractor from funds paid by the City exceed Two Hundred Seventeen Thousand
Two Hundred Dollars and No/100 ($217,200.00).
The funds for housing construction will be payable based on a drawdown schedule based
on extent of completion of each house as approved by the City housing inspectors. Contractor
shall demonstrate that the CHDO funds shall be leveraged by other funding sources.
C. Time Line for Goals and Expenditures
Contractor shall work in accordance with the schedule in the Program Implementation
Timeline in Exhibit C, attached hereto and incorporated herein for all purposes, and ensure that
program goals and expenditures correspond with the completion of the program.
D. Reversion of Assets
Contractor agrees to return to the City any HOME funds remaining on hand at the end of
the contract. If repayments, interest or other returns on investment attributable to HOME funds
are received after the term of this contract, they shall be returned to the City to be deposited in
the City's HOME account.
In the event the Contractor administering the development fund established under this
contract is dissolved, this contract shall thereupon terminate. In the event this contract is
terminated with or without cause, or for any reason whatsoever, all assets of the HOME
development fund including cash, interest payments thereon from loans or otherwise, all
outstanding notes, mortgages and other instruments to secure HOME funds and any real property
valued in excess of$25,000 owned by the Contractor less than five years or a longer period of
time that was acquired or improved with HOME funds from the development fund shall belong
to the City and shall be transferred to the City or to such assignees as the City may designate.
E. Affirmative Marketing
Contractor must adopt affirmative marketing procedures and requirements for all HOME-
funded properties. The procedures and requirements must include methods for informing the
public, owners and potential homebuyers about fair housing laws and policies so as to ensure that
all individuals, without regard for race, creed, nationality or religion, are given an equal
opportunity to participate in the program. The Contractor will be solely responsible for the
effective marketing responsibilities necessary to achieve the Contractor's production goals.
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F. Resale Provisions
Contractor understands that there are specific property requirements on HOME-funded
properties and a requirement that the homebuyer must use the property as its principal residence.
These requirements shall be incorporated in either deed restrictions or covenants running with
the land. The resale provisions will remain in effect on property developed with HOME funds
for at least the minimum affordability periods specified in Section 92.254 of the Regulations.
Any HOME funds invested in housing that fails to meet the affordability requirements for
the period specified in Section 92.254 must be repaid to the City in accordance with Sections
92.503(b) and 92.504(c)(3) of the Regulations.
G. Records and Reports
Contractor will keep or cause to be kept an accurate record of all actions taken and all
funds expended, with source documents,in the pursuit of the objectives of the performance of
this contract. Such records shall be kept for the period of affordability mandated by the
Regulations.
Contractor will obtain and keep on file the following information on each client served by
the Program Attachment IV (a) "Performance Report":
a. Annual income and size of the household of which the client is a member;
b. Ethnicity and race of the client, using the following categories: Ethnicity:
Hispanic/Latino or non Hispanic/Latino. Race: White, Black/African
American, Asian; American Indian/Alaskan Native, Native
Hawaiian/Other Pacific Islander, American Indian/Alaskan Native &
White, Asian & White, Black/African American & White, American
Indian/Alaskan Native & Black/African Other Multi-Racial; and
C. Whether the head of household is male or female; is a single male or
female household with or without children;
d. Additional statistical information as may be required by HUD regulations
and any amendments thereto.
e. Contractor will keep on file the following information and documentation
on each individual project:
f. Proof that the project meets the applicable property standards;
g. The per unit amount of HOME dollars invested;
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h. The compliance with the affirmative marketing requirements and
existence of acceptable procedures;
i. Compliance with relocation requirements;
j. Minority and female owned business data, and affirmative fair
housing actions;
k. Compliance with conflict of interest rules.
By the 15th of each month for the duration of this contract, including the period of
affordability as applicable, Contractor will supply the City with a report detailing:
a. Program Narrative and Performance Report-Attachment IV and IV (a);
b. Expenditure detail-Attachments 1, II and III
C. The amount of leveraging generated by this grant, including items that
qualify as HOME match.
Reports shall be submitted in the format specified by City. IF THE REQUIRED
REPORTS ARE NOT RECEIVED BY THE DUE DATE, THE CITY RESERVES THE
RIGHT TO WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT AND
OTHER CONTRACTS WITH CONTRACTOR.
H. Cost Principles
Contractor shall comply with the requirements and standards of OMB Circular A-122,
"Cost Principles for Non-Profit Organizations".
All non-federal entities that expend $300,000 or more in federal funds within one year,
regardless of the source of the Federal award, must submit to City an annual audit prepared in
accordance with specific reference to OMB Circular A-133. The audit may cover either
Contractor's fiscal year during which this contract is in force or cover the period of this contract.
The audit must be prepared by an independent certified public accountant, be completed within
twelve (12) months following the end of the period being audited and be submitted to City within
thirty (30) days of its completion. Contractor's audit certification is attached hereto as Exhibit D -
Audit Certification Form and audit requirements. The audit certification form must be submitted
to City within sixty (60) days of the end of period being audited (Contractor's fiscal year). Costs
of preparation of this audit may be an allowable expenditure of federal funds in an amount
proportional to that of the federal funds used in contractor's total agency operating budget. Non-
profit entities that expend less than $300,000 a year in federal funds are exempt from Federal
audit requirements for that year, but records must be available for review or audit by appropriate
officials of the Federal agency, pass-through entity (City), and General Accounting Office.
City reserves the right to perform an audit of Contractor's pr_ograma and
finances at any time during the term of this contract, if City determines that such au t is
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necessary for City's compliance with OMB Circular A-133. City will perform year-end financial
and programmatic audits with periodic site visits as appropriate. Contractor agrees to allow
access to all pertinent materials. If such audit reveals a questioned practice or expenditure, such
questions must be resolved within fifteen (15) days after notice to Contractor If questions are not
resolved within this period, City reserves the right to withhold further funding under this and/or
future contract(s).
If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the grant funds described herein, Contractor agrees to
immediately reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanctions, penalty or other charge levied against City
because of such misuse, misapplication or misappropriation.
I. Monitor Effectiveness of Services and Work
The City will review the activities and performance of Contractor and each subrecipient
not less than annually as required in Section 92.504 (e) of the HOME regulations.
Contractor agrees to fully cooperate with City in monitoring the effectiveness of the
services and work to be performed by Contractor in compliance with the terms of this contract.
The City shall have access at all reasonable hours to offices and records (dealing with the use of
the funds that are the basis of this contract) of Contractor, its officers, directors, agents,
employees, and subcontractors for the purpose of such monitoring.
Contractor agrees to likewise monitor the effectiveness of the services and work to be
performed by its subcontractors.
J. Compliance with All Applicable Laws and Regulations
Federal
Contractor agrees to comply with the following laws and the regulations issued
thereunder as they are currently written or are hereafter amended during performance of
this contract:
Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq)
Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq)
Executive Orders 11063, 11246, as amended by 11375 and as supplemented by
Department of Labor regulations (41 CFR, Part 60)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
The Age Discrimination Act of 1975 (42 USC 6101 et seq)
National Environmental Policy Act of 1969 (NEPA) and the related authorities
listed HUD's implementing regulations (24 CFR Part 58)
Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as
amended) specifically including the provisions requiring employer verifications of
legal worker status of its employees
Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat.
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1815, as amended)
The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
National Affordable Housing Act of 1990
The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F)
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC
1701
As the work performed under this contract is on a project assisted under a program
providing direct federal financial assistance from the HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701,
Contractor covenants to abide by the requirements of the said Section 3. It requires as follows:
1. That, to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and
2. That, to the greatest extent feasible, contracts for work in connection with
the project be awarded to business concerns, which are located in or owned in
substantial part by persons residing in the area of the project.
Contractor will comply with the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135,
and all applicable rules and orders of the Department issued thereunder prior to the execution of
this contract. Contractor certifies and agrees that it is under no contractual or other impediment,
which would prevent it from complying with the requirements.
Contractor agrees that it will send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, if any, a
notice advising said labor organization or workers representatives of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places available to employees
and applicants for employment or training.
Contractor agrees that it will include the said Section 3 clause in every subcontract for
work in connection with the project and will, at the direction of City, take appropriate action
pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations
issued by the Secretary of Housing and Urban Development, CFR135. Contractor agrees that it
will not subcontract with any subcontractor where it has notice or knowledge that the latter has
been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless
the subcontractor has first provided Contractor with a preliminary statement of ability to comply
with the requirements of these regulations.
City and Contractor understand and agree that compliance with the provisions of Section
3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of this contract shall be a condition of the Federal
financial assistance provided to the project, binding upon City and Contractor, and their
respective successors, assignees and subcontractors. Failure to fulfill these requirements shall
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subject Contractor and its subcontractors, its successors and assignees, to those sanctions
specified by the Grant Agreement through which federal assistance is provided and to such
sanctions as are specified by 24 CFR 135.
Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts and
Regulations
This contract is subject to the requirements of Section 306 of the Clean Air Act, as
amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC 1368), Water
Pollution Control Act, as amended (33 USC 1251 et seq.) and the regulations of the EPA with
respect thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738
(42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to a
nonexempt transaction, shall require each subcontractor to agree to the following requirements:
1. A stipulation that no facility to be utilized in the performance of nonexempt
contract or subcontract work is included on the List of Violating Facilities issued by the (EPA)
pursuant to 40 CFR 15.20;
2. Compliance with all the requirements of Section 114 of the Clean Air Act, as
amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as
amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as
well as all other requirements specified in said Section 114 and Section 308 and all regulations
and guidelines issued hereunder;
3. A stipulation that, as a condition for the award of the contract, prompt notice will
be given of any notification received from the Director, Office of Federal Activities, EPA,
indicating that a facility utilized or to be utilized for the contract is under consideration to be
listed on the EPA List of Violating Facilities;
4. Agreement by Contractor that it will include or cause to be included the criteria
and requirements of this section in every nonexempt subcontract, requiring that Contractor will
take such action as City may direct as a means of enforcing such provisions.
In no event, shall any amount of the assistance provided under this contract be utilized
with respect to a facility, which has given rise to a conviction under the Clean Air Act or the
Clean Water Act.
K. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all other laws, (federal, state and
local) relevant to the performance of this contract, including all ordinances, rules and regulations
of the City of Fort Worth and the Regulations. Contractor further promises and agrees that it has
read, and is familiar with, terms and conditions of the Regulations under which funds are granted
and that it will fully comply with same. It is agreed and understood that, if City calls the
attention of Contractor to any such violations on the part of Contractor or any of its officers,
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members, agents, employees, program participants or subcontractors, then Contractor shall
immediately desist from and correct such violation.
L. Prohibition Against Discrimination
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person because of sex, race, religion, color or
national origin, or familial status, nor will Contractor permit its officers, members, agents,
employees, subcontractors or program participants to engage in such discrimination.
During the performance of this contract Contractor agrees, and will require all its
subcontractors to agree, as follows:
Contractor will not unlawfully discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin.
Contractor will take affirmative action to ensure that applicants are employed and
that employees are treated fairly during employment without regard to their race,
color, religion, sex or national origin or familial status. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
In accordance with the policy of the Executive Branch of the federal government,
Contractor covenants that neither it nor any of its officers, members, agents, employees, program
participants or subcontractors, while engaged in performing this contract, shall, in connection
with the employment, advancement or discharge of employees or in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of their age or
because of any handicap, except on the basis of a bona fide occupational qualification, retirement
plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit for
such employment unless the specified maximum age limit is based upon a bona fide occupational
qualification, retirement plan or statutory requirement.
In accordance with the provisions of the Americans With Disabilities Act of 1990
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("ADA"), Contractor warrants that it and any of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for employment with, or
employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply
with ADA's provisions and any other applicable federal, state and local laws concerning
disability and will defend, indemnify and hold City harmless against any claims or allegations
asserted by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this agreement.
This agreement is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the
City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor,
its officers, members, agents, employees and subcontractors, have fully complied with all
provisions of same and that no employee, applicant or program participant has been
discriminated against under the terms of such ordinances by either the Contractor or its officers,
members, agents, employees or subcontractors.
M. Prohibition Against Interest
No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
program funded hereunder during his tenure or for one (1) year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language
prohibiting such interest in all contracts and subcontracts hereunder.
No officer, employee, member or program participant of Contractor or its subcontractors
shall have a financial interest, direct or indirect, in this contract or the monies transferred
hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any
land, materials, supplies or services purchased with any funds transferred hereunder, except on
behalf of Contractor, as an officer, employee, member or program participant. Any willful
violation of this paragraph with the knowledge, expressed or implied, of Contractor or its
subcontractors shall render this contract void able by the City of Fort Worth.
No officer, employee, agent, consultant, elected official or appointed official of the
participating jurisdiction, Contractor or its subcontractors who exercised any functions or
responsibilities with respect to activities assisted with HOME funds or who are in a position to
participate in a decision making process or gain inside information with regard to these activities,
may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in
any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure or for
one (1) year thereafter.
Page 14
N. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by the City of Fort Worth's policy to involve minority and
women disadvantaged business enterprises (MWBEs) in all phases of its procurement practices
and to provide them equal opportunity to compete for contracts for construction, provision of
professional services, purchase of equipment and supplies and provision of other services
required by City. Therefore, Contractor agrees to incorporate Exhibit F "City Ordinance No.
11923",attached hereto and incorporated herein by reference for all purposes, and all
amendments or successor policies thereto, into all contracts and will further require all persons
or entities with whom it contracts to comply with said Policy.
O. Assignment
Contractor shall not assign all or any part of its rights, privileges, or duties under this
contract without the prior written approval of City. Any attempted assignment of same without
approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has
the right to inspect and approve in writing any proposed subcontracts between Contractor and
any subcontractor engaged in any activity in conjunction with this HOME funded project prior
to any charges being incurred.
P. Indemnity and Bonding
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, City and its officers, agents, servants and employees from and against any and all claims
or suits for property loss or damage and/or personal injury, including death, to any and all
persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection
with the execution, performance, attempted performance or nonperformance of this contract and
agreement and/or the operations, activities and services of the Program described herein,
whether or not caused, in whole or in part, by alleged negligence of officers, agents
servants, employees, contractors or subcontractors of City; and Contractor hereby assumes
all liability and responsibility of City and its officers, agents, servants, and employees for any and
all claims or suits for property loss or damage and/or personal injury, including death, to any and
all persons, of whatsoever kind or character, whether real or asserted, arising out of or in
connection with the execution, performance, attempted performance or nonperformance of this
contract and agreement and/or the operations, activities and services of the programs described
herein, whether or not caused in whole or in part, by alleged negligence of officers, agents
servants, employees, contractors or subcontractors of City. Contractor likewise covenants
and agrees to and does hereby indemnify and hold City harmless from and against any and all
injury, damage or destruction of property of City, arising out of or in connection with all acts or
omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees,
licensees, or program participants, or caused, in whole or in part, by alleged negligence of
officers, agents, servants, employees, contractors or subcontractors of City.
Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in
the amount of Thirty Thousand Dollars ($30,000), to insure against loss fro"e fraud, theft, or
Page 15
dishonesty of any of Contractor's officers, agents, trustees, directors, or employees. The proceeds
of such bond shall be used to reimburse City for any and all loss of HOME monies occasioned by
such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that
reimbursement for any loss or losses thereunder shall be made directly to City for the uses and
benefit of Contractor.
4• Waiver of Immunity
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Contractor hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
R. Insurance Requirements
Commercial General Liability(CGL) Insurance
$500,000 each occurrence $1,000,000
aggregate limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or$250,000 Property
Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover "Any Auto"
Pending availability of the following coverage, and at the discretion of the Contractor, the
policy shall be the primary responding insurance policy versus a personal auto insurance
policy if or when in the course of Contractor's business as contracted herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, and rehabilitation.
Coverages shall be maintained by Contractor or its subcontractors. In the event
the respective subcontractors do not maintain coverage, the Contractor shall
maintain the coverage on such subcontractor for each applicable subcontract.
Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover the Contractor and any associated Board of
Page 16
Directors members.
Additional Requirements
Such insurance amounts shall be revised upward at City's option and that Contractor shall
revise such amounts within (30) following notice to Contractor of such requirements.
Contractor will submit to City documentation showing that it has obtained insurance
coverage and has executed bonds as required in this contract and prior to payment of any monies
provided hereunder.
Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days
notice of cancellation, non-renewal, and/or material change in policy terms or coverage.
Insurance policies required herein shall be endorsed to include the City of Fort Worth as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of the City of Fort Worth.
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth.
Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement nor as a waiver of the insurance requirements themselves.
Insurers of Contractor's insurance policies shall be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do business in
the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and
solvency and each such company shall have a current minimum A.M. Best Key Rating Guide
rating of A: VII or other equivalent insurance industry standard rating otherwise approved by the
City of Fort Worth.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by the City of Fort Worth.
In the event there are local, federal or other regulatory insurance or bonding requirements
for the housing program addressed in this contract, should such requirements exceed those
specified herein, the former shall prevail.
Contractor shall agree to require its subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor shall require
its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and,
Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor
endorsed as additional insureds (as their interest may appear) on their respective insurance
policies.
Contractor shall require its subcontractors to maintain builders risk insurance at the limit
Page 17
of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a
different limit value as specified by the City of Fort Worth.
S. Certification Regarding Lobbying
The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of
Contractor, 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 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 and the
extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally 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,
member of Congress in connection with this federal contract, grant, loan or cooperative
agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
The Contractor shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of federal funds.
Page 18
IN WITNESS WHEREOF, the parties bereto have executed four copies of this contract in
Fort Worth, Tarrant County, Texas, this day ofi,� � , 2004.
ATTEST: CITY OF FORT WORTH
r
By:
iy ecretry
JCReid Rector
Assistant City Manager
APPROVED A T FORM AND LEGALITY: �n
O S O O
Contract Authorization
Date
Asst. City Attorney
UNITE RIVERSIDE REBUILDING
CORPORATION
By:
George Hill, Oresident
Page 19 E- ...; I
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Reid Rector, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
J
GIVEN LER MY HAND AND SEAL OF OFFICE this day of
12004.
KAREN EDWARDS FISHER (��(�►�,�5 �` �1
"`'• State of T��>�
Notary Public,
My commission Notary Public in and for the State of Texas
;.; •t, May 01 200'
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared George Hill, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
United Riverside Rebuilding Corporation and that he executed the same as the act of said United
Riverside Rebuilding Corporation for the purposes and consideration therein expressed and in the
apacity therein stated as its duly authorized officer or representative.
J IVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2004.
KIM.y No ag Public in and for the State of Texas
l9xd3 LJCVW _J. )__� AV:
Sxal 10 ):a js �'
olqnd �1oN 1
9
TIVHOVW -r"HON
Page 20
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
UNITED RIVERSIDE REBUILDING CORP.
2003 HOME-CHDO
PERSONAL SERVICES (Operating Support) $50,000
SUPPLIES $0.00
CONTRACTUAL SERVICES (Housing Development) $167,200.00
CAPITAL OUTLAY $0.00
TOTAL $217,200.00
DESCRIPTION:
United Riverside Rebuilding Corp.will develop affordable housing either through the construction of of new homes or
acquisition and rehabilitation of existing homes in the Riverside Neighborhood to be sold to income qualified homebuyers.
Funds generated from sale of houses will be retained by United Riverside to build additional affordable homes or to
undertake other HOME eligilble activities.
The contract period begins on the date of execution and ends tweve months thereafter.
PROGRAM OBJECTIVES:
To develop and sell two(2) houses within the contract period.
PROGRAM MEASURES: Projected
Goals
Obtain site control
Appraise property
Obtain title policy
Due diligence activities-appropriate zoning,environmental review,liens or other encumberances,minimum
lot size(if new construction),lead paint testing on exisitng houses built prior to 1978 for acquisition/rehab
Housing plans and specifications
Written construction quote from builder
Qualifications and track record of proposed builder(s)and other subcontractors,including proof of insurance
and workers'comp coverage
Letter of commitment from any permanent financing lander(s)
Work write-up and cost estimate for acq./rehab houses
Number of horses developed 2
Number of homes sold 2
Develop marketing and outreach plan
EXHIBIT B "Program Budget"
UNITED RIVERSIDE REBUILDING CORPORATION
Operating Budget
[A] [B] [C] [D]
Total Budget CDBG Budget HOME CHDO Fundraising
u
Salaries $0 $31,304 $3,665
FICA - Medicare & Social Sec. $0 $2,398 $101
Health Insurance ;~ $0 $0 $0
Unemployment-State $0 $0 $0
Unemployment-Federal $0 $0 $0
Worker's compensation �.- f= $0 $0 $0
Retirement $0 $0 $0
Misc. Fringe Benefits $0 $0 $0
slow
Office Supplies `, ' $0 $900 $694
Postage 4 $0 $200 $200
Other Operating Supplies $0 0t} $0 $0 $200
Teaching Aids $0 $0 $0 $0
Telephone $ 2t3t , k._ $0 $800 $400
Electric $fl $0 $0 $0
Gas (utility) $t}` $0 $0 $0
Water/Waste $0 $0 $0
Rent Q $0 $0 $0
Custodial Services $0 $0 $0
Copier $0 $0 $0
Office Equipment 3$01 $0 $0 $0
Printing $, `` $0 $250 $300
Repairs Q $0 $0 $0
Fidelity Bond sly , $0 $0 $0
Liability Insurance $6� Q $0 $6,000 $0
Consultant Fee $0 $0 $0
Legal & Accounting $8 'E `. $0 $6,148 $2,000
Annual Audit $0 $0 $0
Other Professional Services $0 $0 $556
Private Auto Allowance-local tlt $0 $0 $0
Private Auto Allowance-Other $0 $0 $0
Leased Vehicle Charges $ $0 $0 $0
Gasoline, Oil & Lube $4- ,s. $0 $0 $0
Conference & Seminars $0 $0 $0 $0
Indirect Cost ► $0 $0 $0
Contractual Services $31 $ $0 $2,000 $1,884
Land $ z $0 $0 $0
Furniture & Fixtures $@ $0 $0 $0
Office Equipment $ $0 $0 $0
H. Development budget: Please fill the following: KBIT B-1 Program Budget
USE OF FUNDS SOURCES OF FUNDS
4 { �*�CFIDO OTHER ` a*SOURCES'QF OTHER '
w nTTED1S -? y' S � FUNDS S' y ;�ames) +' � j A.COST Sr
u 1+2 3
� qw7. dr�(1)
a. -r,•k.is... -
PREDEVELOPMENT COST
1. Market Study
2.Feasibility assessment(e.g.preliminary
work write-up,cost estimates or design)
3.Other,
4. Total Predevelopment Cost(1+2+3)
DEVELOPMENT COST
5.Land and/or building acquisition 7.ono 7,000
6.Site Preparation
7.Construction Cost 153,500 153,500
S. Fence
9.Landscaping
10.Contingency(Rehab only)
11.Appraisal 700 700
12.Architect.&Engineer Fees
13.Construction Management Fee
14.Construction loan interest
1.5.Property survey
16.Legal fees
17.Real estate fees
18.Utility hook-uglimpact fees
19.Title&Recording fees
20. Developers fee
6,000
21.TOTAL DEVELOPMENT COST
(Total of items 5 to 20) 167,200 167,200
22. Holding Cost
23. TOTAL COST(21+22)
1679200 167,200
4
EXHIBIT C
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EXHIBIT D
CITY OF FORT WORTH HOUSING DEPARTMENT
Audit Certification Form
Subrecipient: Fiscal Year Ending: / /
Mo Day Yr
❑ We have exceeded the federal expenditure threshold of $300,000. We will
have our Single Audit or Program Specific Audit completed and will submit
the audit report within nine (9) months after the end of the audited fiscal
year.
❑ We did not exceed the $300,000 federal expenditure threshold required for
a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill
out schedule below)
Federal Expenditure Disclosure
Federal Funds
Must be filled out if Single Audit or Program Audit is not required:
Pass Through Program Name & Contract
Federal Grantor Grantor CFDA Number
Number Expenditures
Total Federal Expenditures for this Fiscal Year $
Printed Name Title (Must be CFO, CEO or equivalent)
Authorized Signature (Must be CFO, CEO or equivalent) Phone Number Date
Failure to submit this or a similar statement or failure to submit a completed
single audit package as described in the audit requirements by the required due
date will result in suspension of funding and will affect eligibility for future funding.
Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year
CITY OF FORT WORTH HOUSING DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $300,000 or more in federal awards (from City of Fort
Worth and other funding sources) during their fiscal years shall obtain either an
annual single audit or a program specific audit. Organizations may have a
program specific audit in accordance with OMB Circular A-133 if they
expended funds for only one federal program as listed in the Catalog of
Federal Domestic Assistance (CFDA). If funds are spent for more than one
federal program, a single audit is required. The audited time period is the
organization's fiscal year, and not the City of Fort Worth's funding period.
The audit shall be conducted by a certified public accountant (CPA) that is
licensed at the time of the audit by the appropriate regulatory body. The CPA
shall meet all of the general standards concerning qualifications,
independence, due professional care and quality control as required by
Government Auditing Standards, including the requirements for continuing
professional education and external peer reviews. Auditor selection must
adhere to federal/City procurement requirements.
A separate supplementary schedule of revenues, expenditures and
changes in fund balance for each City of Fort Worth contract is no longer
required. The Schedule of Expenditures of Federal Awards should list City of
Fort Worth 's contract numbers, the total expended for each individual
federal program, and the CFDA number (OMB A-133 § .310).
The independent auditor's report should include all of the relevant items
listed on the "Audit Report Checklist." Additional guidance on the conduct and
reporting of these audits is contained in the latest issuance of the following
publications:
Government Auditing Standards issued by the Comptroller General of the United States,
2003
OMB Circular A-133 as revised 6/30/97 and amended June 2003
OMB Circular A-133 Compliance Supplement
AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and
Not-for-Profit Organizations Receiving Federal Awards"
Various AICPA audit guides for nonprofits, colleges and universities and health
and welfare organizations
AICPA's Audit Risk Alert "State and Local Governmental Developments"
All organizations that receive a City of Fort Worth award must submit the
provided Audit Certification Form which certifies whether you are subject to a
single/program audit. Organizations receiving federal awards from the City of
Fort Worth who are not required to have an audit shall certify in writing to the
agency. The organizations Chief Executive Officer or Chief Financial Officer
shall make the certification within 60 days of the end of the organization's
fiscal year.
The following items should be submitted to the City of Fort Worth Housing
Department within the required timeframe:
Due 60 days after organization's fiscal year end: (required for all subrecipients)
• Completed Audit Certification Form
Due within the earlier of 30 days after receipt of the auditor's report or nine months
after the end of the audit period.
• Two copies of the entire audit report issued by the CPA
• Two copies of any management letter issued by the CPA in
conjunction with the audit report
• Two copies of management's comments on all findings,
recommendations, & questioned costs contained in the audit
report and management letter, including a detailed corrective
action plan
Failure to submit any of these items by the required due date may result in
holds on current draw requests, suspension of the organization's contract(s)
and eligibility for future funding.
If the organization does not meet the- requirements of having a
single/program audit conducted, records must still be kept available for review
or audit by City of Fort Worth staff (OMB A-133 Subpart B Sec 200(d).
If additional information is needed concerning the audit requirements, please
call (817) 392-6141.
CITY OF FORT WORTH HOUSING DEPARTMENT
SINGLE AUDIT REPORT CHECKLIST
The Department developed this checklist to help organizations improve the quality
and completeness of audit reports.
General Purpose or Basic Financial Statements of the Organization Opinion/Report on
Organization's Financial Statements in accordance with Government Auditing
Standards
Notes to the General Purpose or Basic Financial Statements of the Organization
A Schedule of Expenditures of Federal Awards, including the Department's
contract numbers, the total expended for the federal program, and the CFDA
number (OMB A-133 Subpart C Sec 310).
Opinion/Report on Schedule of Expenditures of Federal and State Awards
Report on Compliance and on Internals Control Over Financial Reporting Based on
an Audit of Financial Statements Performed in Accordance With
Government Auditing Standards. (OMB A-133 § 505 (b))
Report on Compliance with Requirements Applicable to Each Major Program
and Internal Control over Compliance in Accordance with OMB Circular A-133.
(OMB A-133 § 505 (c))
Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including:
Summary Schedule of Prior Audit Findings reporting the status of all findings
included in the prior audit's schedule of findings and questioned costs. (OMB A-
133 Sec. 315 (a) and (b))
Corrective Action Plan including (OMB A-133 Sec. 315 (c)) name of person
responsible for the corrective action, corrective action planned,
anticipated completion date, and explanation and reason if auditee does not
agree with findings or believes correction is not required.
All reports are signed and dated by the auditor
Two copies of the audit reports are submitted
Two copies of the management letter, if issued in conjunction with the audit
report Two copies of comments by management concerning all
findings and recommendations included in management letter,
including a corrective action plan
EXHIBIT E
City of Fort'.Xorth, Tezas
�► Agar and au cil a ni.cA 01"
DATE REFERENCE NUMBER LOG NAME PAGE
4125/00 G-12896 05CONSTRUCT 1 of 2
SUBJECT BASIC ACCESS ORDINANCE
RECOMMENDATION:
It is recommended that the City Council approve adoption of the attached ordinance providing
accessibility standards in certain City-assisted housing construction programs.
DISCUSSION:
Subchapter X, Chapter 2306 of the Texas Government Code provides construction requirements for
single-family affordable housing when the construction is funded by federal or state funds. This statute
became effective on September 1, 1999. The statute specifically delineates the requirements for both
exterior and interior accessibility on newly constructed single-family dwellings to provide access to
persons with disabilities. A local work group was formed to further the intent and purposes of this statute
and to provide guidelines in the City-assisted affordable housing construction programs. This work group
is composed of City staff from various departments, representatives from the Fort Worth Mayor's
Committee on Persons with Disabilities, and a representative from the Homebuiiders Association. The
work group met, discussed and drafted the attached proposed ordinance which provides the following
conditions and requirements:
1. Applicable dwelling units shall provide -one building entrance on an accessible route served by a
no-step entrance or a ramp; and
2. Interior doors and hallways shall provide sufficient widths for the passage of a wheelchair; and
3. Walls shall be reinforced in specified locations for the installation of grab bars, and light switches
and other outlets shall be installed at accessible locations; and
4. The City Building Official may waive the exterior requirements upon review of a written request;
and
5. The City Building Official's decision may be appealed to the City's Construction and Fire
Prevention Board.
Staff believes the proposed ordinance will provide necessary guidelines for builders who participate in
City assisted affordable housing construction programs to provide accessibility to persons with disabilities.
This ordinance will have city-wide-effect.
The Safety and Community Development Committee approved this recommendation at its April 11 , 2000
meting.
City of Fort Wot-th, Texas
EV'Day►ar andCommunication
Cil ounc
DATE REFERENCE NUMBER LOG NAME PAGE
4/25/00 ' G-12896 05CONSTRUCT ;;2;Of2
SUBJECT BASIC ACCESS ORDINANCE -
FISCAL INFORMATION/CERTIFICATION:
r
The Finance Director certifies that this action will have. no material effect on City funds.
LW:k
i
Submitted for City hianagtr's FUND ACCOUNT CENTER A_NIOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 ApffloVF,Q
Originating Department Head: CITY COUNCIL
Jerome Walker 7537 (from) APR25 Z000
2�an r
Additional Information Contact:
v 4 v �ita^ �i�k�r7 he
Jerome Walker 7537 - •Cttgat•Far��ao.L Terss
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986) AS AMENDED, BY THE ADDITION OF SECTION 7-50
ENTITLED `ACCESSIBILITY STANDARD FOR CERTAIN CITY
ASSISTED HOUSL'IG CONSTRUCTION PROGRAMS" REQUIRING
CERTDI7 BUILDING STANDARDS IN CITY ASSISTED HOUSING
PROGRAI�IS TO PROVIDE BASIC ACCESS TO PERSONS WITH
DISABILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF OTHER ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
W=REAS, persons with-disabilities and their immediate families are often isolated
in their o%vn homes because the homes of most of their acquaintances contain
insurmountable barriers, and often.experience difficulty in finding a suitable house to rent
or buy; and
WHEREAS, certain features in housing construction make new houses more
accessible and livable for persons with disabilities and thus enhance the quality of life for
these persons.
WHEREAS, the City of Fort Worth is committed to provide accessibility to persons
with disabilities through its housing programs.
NOW, THEREFORE, BE IT ORDA-11NED BY THE .CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
This ordinance is to require certain standards in the construction of new single-family
dwellings, duplexes and triplexes that are constructed with city assistance as defined in
SECTION 2, to make houses more accessible for persons with disabilities.
SECTION 2.
The following requirements shall be applicable to the construction of new single-
family dwellings, duplexes and triplexes ("Applicable Dwelling Units"), with city
assistance. For purposes of this ordinance, "city assistance" shall mean funds for the
construction of Applicable Dwelling Units in any city-1 ended program, with the funding
source of CDBG, HOME or any other federal, state or local housing programs.
SECTION 3.
The following design requirements shall apply:
Requirement 1. Building Entrances.
Applicable Dwelling Units must p1rovide at least one building entrance on
an accessible route served by a no-step entrance or a ramp in compliance
with the CABO/ANSI-A117.1, Accessible and Usable Buildings and
Facilities Standard, as adopted by the Fort Worth Building Code
("Accessibility Standard") and having a maximum slope not to exceed one
in twelve (1:12); unless it is impractical to do so because of terrain or
unusual characteristics of the site as determined by a City of Fort Wor h
building official ("City Building Official") upon review of th-_ wcitr�'
request set forth in SECTION 4. The building entrance doors shall
comply with the Accessibility Standard and shall have a minimum 'clear
opening of 32 inches. The entrance may be at the front, side or back of a
dwelling as long as it is served by an accessible route such as a garage or
sidewalk.
Requirement 2. Interior doors,
All Applicable Dwelling Units, whether or not on an accessible route,
shall provide doors designed to allow sufficient width for the passage of
wheel chairs.
Except those sewing closets less than 15 square feet in area interior doors
within an Applicable Dwelling Unit must provide a minimum of 30" clear
opening. A 2' 8" door or standard 6' 0" sliding patio door assembly is
deemed sufficient to comply -with this requirement, provided however,
compliance with requirements on Maneuvering Clearance at Doors in the
Accessibility Standard shall not be mandato
Requirement 3. Accessible routes into and through the Applicable Dwelling Unit.
An Applicable Dwelling Unit must provide an accessible route through the
hallways and passageways of the first floor of the unit. Furber, the
accessible route must provide a minimum width of 36", except through
doors, and be level with ramped or beveled changes at door thresholds.
Requirement 4. Wall reinforcement in bathroom.
. 3
Reinforcement in the walls shall be provided at designated locations as
specified by the Accessibility Standard, so that grab bars may be installed,
if needed, at a later date without the necessity of removing portions of the
existing waII.
Requirement 5. Light switches, electrical outlets, thermostats and other
environmental controls.
All Applicable Dwelling Units shall be designed and constructed to
contain light switches, electrical outlets, thermostats and other controls in
compliance with the requirements of the Accessibility Standard. Where
multiple controls serve the same elements (e.g., two remote switches for a
light) only one must be accessible.
SECTION 4.
SECTION 3 Requirement 1 (Building entrances) may be waived by.the City Building
Official when in his/her opinion, due to grade or site conditions ("Conditions"), access by
ramp is unattainable.
A person requesting said waiver shall file a written request ("Request")-with the City
Building Orificial at the City of Fort 'Worth Development Department and include all
documents necessary to prove the existence of the Conditions. The Request shall
demonstrate that the Conditions on the site render it impossible to comply with the
requirements for exterior accessibility in this ordinance.
_ Er --.,
Within 10 calendar days from the receipt of a completed Request, the City Building
Oficial shall render a written decision. A copy of the decision shall be filed in the
official records of the Development Department. Appeals to the City Building Official's
decision shall be made to the Construction and Fire Prevention Board in accordance with
Section 7-47 of the City Code
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
-direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
It is hereby declared to be .the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause; sentence, paragraph or section.
SECTION 7.
This ordinance shall take effect and be in full force and effect i,om and after the date of
its passage, and it is so ordained.
l
APPROVED AS TO FO AND LEGALITY:
u-
Assistant City Attorney
DATE:
ADOPTED:
EFFECTIVE:
J.f i
J
43
EMBIT F
ORDINANCE NO.
REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE
POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES
PREVIOUSLY ADOPTED; ADOPTING AN ORDINANCE TO REMEDY THE
UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES , AND TO
ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY
BUSINESS ENTERPRISE, AND WOMEN BUSINESS ENTERPRISE FOR
PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS
ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PARTICIPANTS TO
BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH
THE CITY REGULARLY SOLICITS ; ADOPTING THE U. S . SMALL
BUSINESS ADMINISTRATION ' S DEFINITION FOR A SIZE STANDARD ;
ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS
ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE
SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND
PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC.
GOALS ; PROVIDING GENERALLY FOR THE PROCEDURES TO BE
FOLLOWED IN THE BID/PROPOSAL PROCESS; REQUIRING BIDDERS
TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE
RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS ; ESTABLISHING
WAIVER OF GOALS PROCEDURES; ALLOWING FOR DEBARMENT FOR
MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE;
PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE_
WHEREAS , the City Council commissioned an Availability/Disparity
Study (Study) conducted by Browne , Bortz & Loddington,
Inc. (BBC) and a Public Hearing (Hearing) conducted by
Carl Anderson, Esq, and found disparities in the
utilization of minority and women business enterprises in
contracts awarded by the City of Fort Worth (City) ; and r
WHEREAS , the Study and Hearing found that discrimination occurred
in the major contracting areas (construction, purchasing,
and professional services) of the City of Fort Worth and
resulted in significant underutilization of minority and
women business enterprises; and
WHEREAS , minority and women business enterprises have had and
continue to have difficulties in obtaining financing,
bonding, credit, insurance, and assistance programs 'have
not been effective in either remedying the effects of
underutilization in City contracting or in preventing
ongoing underutilization; and
WHEREAS , the Study and the Hearing . determined that race-neutral
alternatives for enhancing minority and women business
enterprise contracting are not completely sufficient ; and
WriEREAS , the City has also been a passive participant in
discriminatory behavior practiced by private industry
within the relevant Marketplace in the award of contracts
SECTION 2 .
The ultimate goal of this ordinance is to remedy the effects
of past underutilization in the Marketplace by increasing the use
of minority and women business enterprises above the present low
level to one more comparable to their availability in •the Fort
Worth Marketplace. The City Council shall set an annual goal for
MBE and WBE participation in City procurement activities, based
upoh the availability within the Marketplace. The initial goals,
based upon availability, shall be thirteen percent (131c) for
minority businesses and twelve percent (121) fbr women businesses
and shall be reviewed as provided for elsewhere herein. These
goals are not quotas.
SECTION 3.
The provisions of this ordinance shall apply to all contracts
awarded by the City, except as may be hereafter specifically
exempted, and shall be liberally construed for the accomplishment
of its policies and purposes . specific goals shall be established
in the areas of construction, professional services and purchases
of other goods and services . Goals may be set on individual
projects based on the type of work or services to be performed, or
goods to be acquired and the availability of minority and women
businesses in the City' s Marketplace.
SECTION t .
The provisions of this ordinance shall be conered- n----- �
determining the responsiveness to specifications of offerors to
the bid/proposal. The. City shall consider the offeror. P.
t
responsiveness to this ordinance in the evaluation of
bids/proposals and shall award contracts to the lowest responsible -
offeror meeting the specifications, inclusive of compliance to this
minority and women business enterprise ordinance . `-
SECTION 5.
Debarment procedures shall be established for firms willfully
misrepresenting the facts in compliance with this ordinance to the
City.
SECTION 6 .
waiver procedures to thet regulations established in this
ordinance shall be provided for City procurement activities where
a public calamity requires the emergency expenditure of funds ; the
purchase of goods or services from sources) where subcontracting
or supplier opportunities are nonexistent; where an economic risk
or undue delay for the acquisition of goods or services will be
imposed on the City, or when the availability of minority and women
businesses is negligible.
SECTION 7 .
From .and after the date this ordinance takes effect, it shall
supersede all previous City Council Policies affecting minority and
women business enterprise and disadvantage business enterprises .
SECTION 8 .
The City Manager, with the advice and counsel of the
Disadvantaged Business Enterprise Advisory Committee ( "DBEAC" ) in
accord with City of Fort Worth Resolution No. 1148 , is hereby
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authorized to establish, implement and administer regulations
necessary to carry out the intent of this ordinance.
SECTION 9.
The City Council shall regularly, at least every three (3 )
years, determine whether there is a continuing need for a •minority
and women business enterprise program, make relevant findings, and,
if necessary, repeal in whole or in part or enact appropriate
amendments to this ordinance.'
SECTION 10.
It is hereby declared to be the, intention of the City Council,
that the sections , paragraphs, sentences, clauses and phrases of
this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases , clauses , sentences , paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this lordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 11 .
This ordinance shall take effect and be in full force and
effect from on and after June 1 , 1995 ; provided, however, that this
ordinance shall not affect any procurement activity Where formal
solicitation began before the effective date of this ordinance, and
it is so ordained . }
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APPROVED 'AS TO FORM AND LEGALITY:
��i t y A t t'oy-ri�a
Date:
ADOPTED-.-
EFFECTIVE:
DOPTED:EFFECTIVE:
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ATTACHMENT I
I. DEFINITIONS •
1. "Bidder" means any -person, firm, corporation, or partnership
which submits a bid or proposal to provide labor, goods or
services to the City for which City funds are expended. The
term includes "Offeror" as well as offers received from
providers of professional services.
2 . "Certified" means those firms, within the Marketplace, that
are certified by either the North Central Texas Regional
Certification- Agency (NCTRCA) or the Texas Department of
Transportation -(TxDOT) , highway division.
3 . "City" means the City of Fort Worth, Texas .
4 . "Construction" means the erection, rehabilitation, alteration,
conversion , extension, demolition, improvement, remodeling or
repair to any real property, including streets, storm drains
and facilities providing utility service owned by the City.
5 . "Contract" means a binding agreement whereby the City either
grants a privilege or is committed to expend or does expend
its funds or other resources for or in connection with a)
construction of any public improvement, and b) purchase of any
services (including professional services) . The term includes
"purchase order" .
6. "Contract Officer" means the person employed by the City to
oversee the performance of the contract.
7 . "Contracting Department" means the department responsible for
payment of contract obligations.
8 . "Contractor" means the person, firm, corporation , or
partnership with whom the City has entered into an agreement.
Includes the terms "Vendor" and "Prime Contractor" .,
9 . "Coordinator" means the administrator of the MBE/WBE Office.
10. "Good Faith Effort" means having: absence of malice or any
intentions to deceive; good intentions and sincerity to meet
the goals of this ordinance. Documentation submitted .by the
bidders to explain why its good and honest efforts did not
meet or exceed the stated MBE/WBE goals . Compliance with each
of the following steps shall satisfy the Good Faith Effort
requirement absent proof of fraud, misrepresentation, or
intentional discrimination by the
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10 . 1 . List each and every subcontracting and/or supplier
opportunity . for the completion of this project.
10 . 2 _ Obtain a current (less than two (2) months old from
the bid open date) list of M/WBE subcontractors
and/or suppliers from the City's M/WBE Office.
10 . 3 . Attend the pre-bid conference, if scheduled by the
City, and attempt to utilize M/WBEs that attended.
10 . 4'. Solicit bids from M/WBEs , within the subcontracting
and/or supplier areas previously listed, at least
ten days prior to bid opening by mail .
10 . 5 . Solicit bids from M/WBEs , within the subcontracting
and/or supplier areas previously listed, at least
ten days prior to bid opening by telephone .
10. 6 . Solicit bids from M/WBEs , within the subcontracting
and/or supplier areas . previously listed, at least
ten days prior to bid opening by advertisement in a
local newspaper .
10 . 7 . Provide. plans and specifications or information
regarding the location of plans and specification
to M/WBEs.
10 . 8 . Submit documentation if M/WBE bids were rejected on
the basis of quotation not being commercially
reasonable, qualifications, etc.
Note : If a . SIC code list of M/WBEs is five or less , the
bidder most contact the entire list to be in
compliance with 10 . 4 and 10 . 5 . If a SIC code list
of M/WBEs is more than , five, the bidder must
contact at least two-thirds of the list but not
less than five to be in compliance with 10. 4 and
10. 5 .
Note : Bidders who continuously list the same M/WBEs when
contact has previously been unsuccessful as result
of disconnected numbers or returned mail , will not
be deemed in compliance with the Good Faith Effort
requirements .
11 . "Joint Venture" means an association of two or more persons or
businesses to carry out a single business enterprise for
profit for which purpose they combine their property; capital,
skills , knowledge and management in an agreed to prop®rtionate
share .
12 . "Marketplace" means the geographic market area represented by
the Fort Worth/ Dallas Consolidated Metropolitan Statistical
Area.
13 . "Minority" means a -citizen of the United. States or lawfully
admitted permanent resident who is Asian-American, American
Indian, Black or Hispanic.
14 . "Minority Business Enterprise" is defined as a qualified
business concern located in the Marketplace or doing business
in the Marketplace at the time of bid opening or during
negotiations related to proposals meeting the following
criteria :.
a . which is at least 51 percent owned by one or more
minority persons, or, in .the case of any publicly owned
business, at least 51 percent of the stock is owned by
one or tore minority persons; and
b. whose management and daily business operations are
controlled by one or more minority persons who own it;
and
C. meeting the size standards set forth by SBA.
15 . "Procurement" means the buying, renting, leasing or otherwise
obtaining or acquiring any supplies, materials, equipment or
services .
16 _ "Prof essional Services" means . services which require
predominantly mental or intellectual labor and skills,
includes , but is not necessarily limited to, architects,
engineers, surveyors, doctors , attorneys , and accountants .
17 . "Project Manager" see Contract Officer.
18 . "Purchasing" means the buying, renting, leasing or otherwise
obtaining or acquiring any supplies, materials, equipment or
.services excluding construction and professional services
previously defined.
19 . "Qualified' means an individual or business entity having
previously performed or received training in the work,
industry or profession required.
20 . "size Standard" is the average annual gross receipts for a
..company and its affiliates for the previous three (3) fiscal
years which must not exceed the amounts as deft
United States Small Business Administration' s (SBA �taridlad ?�;
industry classification (sic) codes. These codes a outlined
in the most recent edition of SBA 49 CFR 23 . 62 , Appind i x B and
13 CFR 121. 401-407 and 601 . { -...� ._. .
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21.. "Subcontract" means an agreement between the contractor and
another business entity for the performance of work.
22 . "Women Business Enterprise" is defined as a qualified business
concern located in the Marketplace or doing business in the
Marketplace at the time of competitive bid opening or during
negotiations related to proposals meeting the following
criteria :
a. which - is at least 51 percent owned by one or more
women, or, in the case of any publicly owned business, at
least 51 percent of the stock is owned by one or more
women; and
b. whose management and daily business operations are
.controlled by one or more women who own it.
C. meeting the size standards set,. forth by SBA .
II . PROISP-kM GOALS
(A) City-wide goals for the utilization of minority business
enterprises (MBE) and women business enterprises (WBE) shall
be reviewed and approved annually by the City Council .
(1) The City Manager shall , on or before October 31 of each
year, beginning October 31 , 1996 , conduct an analysis of the
availability of MBEs and WBEs and present to the City Council
an annual report on MSE and WBE availability and utilization.
Based on the availability of MBE/WBEs in the Marketplace and
the City' s most recent goals attainment and with the advice
and counsel of the DBEAC; the City Manager shall recommend to
the City Council reasonable goals for the remainder of the
current fiscal year.
(2) These goals shall be expressed in terms of percentages of
the total dollar value of all contracts to be awarded by the
City;, and shall be established separately for categories of
construction, professional services, and purchasing as well as
any other categories that the City Council or City Manager
deem appropriate.
(B) Individual project goals shall be set by the M/WB E Office in
collaboration with the Contract Officer and Risk Management
(where appropriate) prior to solicitation. These project
goals shall be reasonable and shall be based upon :
( 1) Specific subcontracting and/or materials opportunities
required to complete the project, and
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1
(2) The availability of MBE/WBE in the identified
subcontracting and/or materials opportunities in the
Marketplace.
. (C) MBE/WBE participation shall be counted toward meeting MBE and
WBE goals in accordance with the following provisions :
(1) For the purpose of determining compliance "with the goals
requirements established in this ordinance, businesses
Will be counted as MBE and WBE only when they have been
certified as such prior to award of the bid or proposal.
(2) Any businesses) listed by an offeror which is not
certified prior to award of bid/proposal will have that
amount of participation deducted from the total MBE/WBE
utilization in order to determine the offeror' s
responsiveness.- It is the responsibility of the offeror
to secure additional certified. -or certifiable MBE/WBE
participation before responsiveness to this ordinance is
determined.
(3 ) The offeror may count toward its MBE or WBE goals first
and second tier MBE and WBE subcontractors and/or
suppliers.
(4 ) The - offeror will be given credit toward the riBE/WBE
contract goal only when the MBE or WBE performs a.
commercially useful function. An MBE or WBE is
considered to have. performed a commercially useful
function when :
a) it is responsible for the execution of a distinct
element of . the work by actually performing,
managing and supervising the work involved in
accordance with normal business practice; and
b) the. firm receives due compensation as agreed upon
for the work performed.
(5) Regardless . of whether an arrangement between the
contractor andthe MBE/WBE represents standard industry
practice, if the arrangement erodes the ownership,
control or independence of the MBE/WBE or does not -meet
the commercially useful function requirement, the offeror
shall receive no credit toward the goals .
( 6) An offeror may count toward its MBE or WBE goal "f portion
of the total dollar value of a contract with a joint
venture equal to the percentage of tIBE or WBE partici a-
tion' in the joint venture. The MBE or WBE involy-ed, in
the joint venture must be responsible for a. clearly
defined portion of the work to be performed , e ual., to_ a V' , j
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e
share in the ownership, control , knowledge, management,
responsibility, risks, and profits of the joint-venture.
(7) Except for joint ventures, all prime contractors, whether
same be majority firms, MBE or WBE, shall comply with
this. ordinance in order- to be considered responsive.
(8 ) The bidder may not count toward the goal any agreements
with MBE or WBE that are not located within the
Marketplace or otherwise do not meet the guidelines as
set forth in this section.
III . MBE. AND WBE UTILIZATION REQUIREMENTS
(A) In addition to the requirements set forth elsewhere, bid
conditions and requests for proposals shall include a
statement of both MBE and WBE goals established for the
project .
(B) Bidconditions, . requests for proposals, and. all, other
specifications for contracts to be awarded by the City shall
require that offerors make a good faith effort to subcontract
with or purchase supplies from MBE and WBE. Such
specifications shall require the offeror to meet or exceed the
stated goals or submit documentation of GFE for all contracts
of $25 , 000 or more to permit a determination of compliance
with the specifications or requests for proposals .
(C) Construction and Professional Services contracts and such
other contracts which may be competed for under sealed
proposal procedures (estimated cost of $25 , 000 or more) and
Purchasing contracts (estimated cost of $15 , 000 or more) shall
be awarded and administered in accordance with the following
standards and procedures :
(1) Competitive bids shall include the MBE and WBE
specifications in the bid specifications . MBE and WBE -
specifications consist of the SPECIAL INSTRUCTIONS TO
BIDDERS , AFFIDAVIT STATEMENT, MBE/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORS and the GOOD FAITH EFFORT
FORM.
(a) The AFFIDAVIT STATEMENT shall be submitted with the
bid on the .bid opening date.
(b) The MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR
WAIVER FORM and/or the GOOD FAITH EFFORT FORM shall
be submitted to the contracting department-no later
than 5 : 00 p.m. , five (5) City busines
bid opening date.
(c) An offeror that equals or exceeds the MBE and WBE
project goals , shall submit the MBE/WBE UTILIZATION
FORM.
(d) The PRIME CONTRACTOR WAIVER FORM shall be submitted
with any bid that includes no subcontracting
and/supplier . opportunities . If substantial
subcontracting and/or substantial supplier .
opportunities arise in the performance of a
contract awarded in reliance on the PRIME
CONTRACTOR WAIVER FORM; the contractor shall notify
the City before subcontracts for work and/or
supplies are let and the contractor shall comply
with the requirements of this ordinance.
(e) GOOD FAITH DOCUMENTATION, including the GOOD FAITH
EFFORT FORM, shall be submitted with any bid and/or
proposal that fails to include MBE/WBE
participation that equals or exceeds the MBE/WBE
project goals .
(f) The submission of the applicable completed form(s)
within the allotted time will be considered when
determining the responsiveness of the bid. Failure
to comply with the bid specifications, inclusive of
the MBE and WBE specifications , shall render the
bid non-responsive.
(2) Other than responses to Requests for Proposals for those
professional services defined in Chapter 2254 of the
Texas Government Code, responses to Requests for
Proposals shall include a section which identifies the
particular MBEs and/or WBEs to be utilized in performing
the contract.
(a) Specify as 'to MBEs and WBEs , the estimated
percentage of the MBE and WBE participation, the
type of work to be performed by the MBE or WBE, and
such other information as may reasonably be
required to determine the responsiveness to the
Request for Proposal .
(b) Responses that do not meet or exceed the MBE and
WBE utilization goals, as required by the request
fo.r proposal, must submit a GFE explanation.
Failure to include such GFE explanation shall
render the response non-responsive.
(3) Initial responses to requests for proposals for those
professional services defined in Chapter 2254 of the
. Texas Government Code shall not include a response to
the requirements of this ordinance . The City shall
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comply with the requirements of said Chapter and rank
the professional on the basis of demonstrated
competence and qualifications. During negotiating the
contract with the highest ranked professional, the
professional shall respond to this ordinance in the
manner specified in paragraph 2 (a) above .
(4 ) The GOOD FAITH EFFORT documentation shall demonstrate the
Offeror' s commitment and honest efforts to utilize MBE
and .WBE. The burden of preparing and submitting the GF£
information is on the Offeror and will be evaluated as
part of the responsiveness to the bid or appropriate
proposal . Any willful misrepresentation of facts on the
documentation submitted will constitute a basis for
classification as non-responsive and possible debarment.
(5) The contracting department may request the MBE/WBE office
to waive the goal requirements of this subsection, or to
reduce the amount of the goals, for either or both
MBE/WBE, in accordance' with the provisions of the
Exceptions and Waivers section .
(D) The City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution No . 1148 , shall
adopt regulations governing the purchase of goods and services
under $15 , 004 .
(E) In addition to such other requirements as may be set forth
elsewhere, the following shall apply to construction, profes-
sional service, discretionary service, and applicable
purchasing contracts awarded by the City:
(1) Contracts shall incorporate this ordinance by reference,
and shall provide that the failure of any bidder ,
contractor or subcontractor to comply with this ordinance
shall be a material breach of contract .
( 2)" During the term of any contract, any .proposed change or
deletion in MBE/WBE participation identified in the bid ,
proposal or contract shall be reviewed by the MBE/WBE
Office to determine whether such change or deletion is
justified in accord with the immediate following two ( 2)
paragraphs . Any unjustified change or deletion shall be
a material breach of the contract .
( 3) Contracts shall require that during the term of the
contract, the contractor shall :
(a) Make no unjustified changes or deletions in its MBE
and WBE participation commitments submitted with
the bids , proposals or during negotiations '
=.
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(b) If substantial subcontracting and/or substantial
supplier opportunities arise during the term of any
contract that the contractor represented to- the
City that the contractor alone would perform
required by the contract, the contractor shall
notify the City before subcontracts for work and/or
supplies are let and shall be required to comply
with the provisions of this ordinance; and
(c) Maintain records reasonably necessary for monitor-
ing their' compliance with the provisions of this
ordinance.
(4 ) The contractor shall submit to the MBE/WBE Office for
approval a REQUEST FOR APPROVAL OF CHANGE FORM if , during
the term of any contract , a contractor wishes to change
or delete one or more MBE and/or WBE subcontractor (s) .
(a) Within three (3 ) business days after receipt by the
MBE/WBE office , the Request shall be reviewed . The
Request shall be approved if the change or
.deletions is justified. The following shall
constitute justification for the requested
change or deletion:
(1) an MBE or WBE' s failure to provide workers '
compensation insurance evidence as required by
state law; or
(2 ) an MBE or WBE' s failure to provi.de evidence of
general liability or other insurance under the
same or similar terms as contained in the
contract documents with limits of coverage no
greater than the lower of 1) the limits
required of the contractor by the City; or 2)
the limits contained in the contractor' s
standard subcontract or supply agreements used
on other projects of similar size * and scope
and within the contractor ' s normal business
practice with non MBE or WBE subcontractor's
or suppliers; or
(3 ) an MBE or. WBE' s failure to execute the
contractor' s standard subcontract form in the
amount of the bid , if entering a subcontract
is required by the contractor in its normal
course of business ; or
(4 ) an MBE or WBE' s default in the perfcrmance of
the executed subcontract ; and
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(5) all MBE and WBE subcontractors previously
submitting bids forthe work are requested to
bid on the work, and, if reasonably
practicable due to time constraints, the
contractor obtains bids from previously non-
bidding MBEs and WBEs , and no MBE or WBE
subcontractor submits the lowest bid .
(b) If the MBE/WBE Office approves the deletion of an
MBE or WBE and replacement by a . non-MBE or WBE,
such approval shall constitute a post award waiver
to the extent of the value of the deleted
subcontract .
(c) If the MBE/WBE Office denies the Request for Change
or Deletion , the contractor may appeal the denial
to the City Manager whose decision will be final.
NOTE: The contractor shall. submit such documentation
as may reasonably be _requested by the MBE/WBE
Office to support the contractor' s request.
The time between the request by the MBE/WBE
Office for additional documentation and the
delivery of such documentation shall not be
included within the time period that the
MBE/WBE Office is required to respond.
NOTE: Upon completion of the contract and within ten
( 10) days after receipt of final payment from
the City , the contractor shall provide the
MBE/WBE Office with documentation to reflect
the final participation of each subcontractor
and/or supplier used on the project, inclusive
of MBEs and WBEs .
( 5) -Whenever contract, amendments, change order, or extra
work orders are made individually or in the aggregate,
the contractor shall comply with the provisions of this
ordinance with respect to the alternates', amendment,
change orders , or extra work order.
(a) If the amendment, change order , or extra work
affects the subcontract of an MBE or MTBE, such MBE
or ti�JBE shall be 'giv.en the opportunity to perform
such amendment , change order or extra work.
( b) If the amendment, change order or extra. work is not
covered by any subcontract of like or similar work,
is work not to be performed by the contractor , and
the amount of such amendment, change order
work exceeds ten - percent ( 100) of the rlginal
contract amount , the contractor shall comply with
0:...
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V. PROGRAM ADMINISTRATION
(A) The .City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution- No. 1148 , is
authorized to establish and implement the regulations set
'forth in this ordinance. The MBE/WBE office shall be
responsible for the over-all administration of the City" s :MBE
and WBE Program, and its duties and responsibilities shall
include :
(1) Recommending' rules and regulations to effectuate this
ordinance;
(2) Maintaining a current listing of certified WBE and MBE
for distribution internally and externally on contracts ;
(3 ) Providing information and needed assistance to MBE and
WBE to increase their ability to compete effectively. for
the award of City contracts;
(4) Investigating- alleged violations of this ordinance and
making written recommendations to appropriate City
authorities for remedial action when appropriate;
(5) Developing and distributing all necessary forms, applica-
tions , and documents necessary to comply with this
ordinance;
(6) Reviewing, on a regular basis , the progress of depart-
ments toward achieving the . category goals for the
utilization of minority and women' s business enterprises;
(7) Making recommendations to appropriate City staff
regarding methods to further the policies and goals of
this ordinance;
(8) Determining MBE/WBE compliance on contracts before they
are submitted to the City Council for award;
(9) Maintaining accurate contract performance reporting
system; and
(10) Compiling a re-port reflecting the progress in attaining
the city ' s annual goals ; quarterly and annually.
(B) It shall be the responsibility of the contracting department
to ensure that bids or proposals emanating from the department
adhere to the' procedures and provisions set forth in this
ordinance .
( 1) The department director or designee shall assume primary
responsibility for achieving the goals of this program
-18-
the provisions of this ordinance with respect to
such amendment , change order, or extra work.
IV. EXCEPTIONS AND WAIVERS
(A) If a bidder is unable to comply with the goal requirements
established in the Program Goals section of this ordinance,
such bidder shall submit one of the two forms listed below
within the allotted time.
(1) A Prime Contractor Waiver Form (Attachment 1B) is
submitted if the bidder will perform the entire contract
without subcontractors or suppliers .
(2) A Good Faith Effort Form (Attachment 1C) is submitted if
the bidder has subcontracting and/or supplier
opportunities but was unable to meet or . exceed the
project M/WBE goals.. The bidder will submit requested
documentation which demonstrates a good faith effort- to
comply with the goals requirements as described in the
Program Goals section above.
(B) A contracting department may . request the MBE/WBE Office to
waive or modify the goal requirements for MBE and/or WBE by
submitting a Departmental Waiver Form in writing , prior to
solicitation of bids or proposals . The MBE./WBE Office ray
grant such a waiver or reduction upon determination that :
(1) The reasonable and necessary requirements of the contract
render subcontracting or other participation of business
other than the bidder or proposer infeasible; or
( 2) A public or administrative emergency exists . which
requires the goods or services to be provided with
unusual immediacy ; or
(3) Sufficient MBE and WBE providing the services required by
the contract are unavailable in the market area of the
project, despite attempts to locate them; or
(4 ) The application of the provisions of this ordinance will
impose an unwarranted risk on the City or unduly delay
acquisition of the goods or services .
( S) Whenever the TIBE/WBE Office denies a request to waive a
goal, the contracting department may appeal that denial
to the City Manager whose decision on the request shall
be - final .
-17-
�
and shall review, on a continuing basis, all aspects of
the program's operations to assure that the purpose is
being attained.
(2) The contracting department shall take the following
action to ensure that MBEs and WBEs have the maximum
opportunity to participate on City contracts:
(a) The advertisements for formal bids required to be
advertised according to statute shall appear in
minority and women-targeted media , no less than 30
days before bids are due for specific contracting
opportunities ;
(b) A written notification shall be sent to minority
and women trade associations , contractor's
associations, and minority and women chambers of
commerce about the availability of formally
advertised contracting opportunities no less than
30 days before bids are due;
(c) All contract solicitations shall include the MBE
and WBE policy;
(d) All contracting opportunities shall be evaluated in
an effort to divide the total recuirements of a
contract to provide reasonable opportunities for
MBE and WBE;
(e) For construction contracts, establish procedures to
ensure that all contractors submitting correct
invoices are paid twice a month and that
subcontractors are paid , in accord with the
subcontract within five (5) business days after
receipt of payment; a contractor' s failure to make
payments within five (5) business days shall.
authorize the City to withhold future payments from
the contractor until compliance with this ordinance
is attained .
(f) Establish guidelines to ensure that a notice to
proceed is not issued until signed letters of
intent or executed agreements with the MBE and WBE
have been submitted;
(g) Ensure that all required statistics and documenta-
tion are submitted to the MBE/WBE Office as
requested; and
(h) If circumstances prevent the contracting depaftnent
from meeting the thirty-day advertising and 1_14tifi-
cation requirements , the= contracting depairtment
t
t t.
shall perform extensive outreach to MBE and WBE
associations or other relevant organizations to
inform them of the contracting opportunity.
VI . CERTIFICATION
The City will recognize MBE and WBE that are certified by the Texas
Department of Transportation (TxDOT) , highway division, or the
North Central Texas Regional Certification Agency (NCTRCA) .
VII _ CONTRACT MONITORING, REPORTING,. AND COMPLIANCE
(A) The MBE/WBE Office shall monitor compliance with these
requirements during the term of the contract . -If it is
determined that there is cause to believe that a contractor or
subcontractor has failed to comply with any of the require-
ments of this ordinance , or the contract provisions pertaining.
to MBE and WBE utilization, the MBE./WBE Office shall notify
th.e contracting department and the contractor.
The MBE/WBE Offic-e shall attempt to resolve the noncompliance
through conciliation. If the noncompliance cannot be
resolved, the coordinator and the contracting department shall
submit written recommendations to the City Manager or
designee, and if the City Manager concurs with the findings,
sanctions shall be imposed as stated in ordinance .
(B) Whenever the MBE/WBE Office finds , after investigation, that
a contracting department has failed to comply with the
provisions .of this ordinance, a written finding specifying the
nature o.f the noncompliance shall - be transmitted to- the
contracting department, and the MBE/WBE Office shall attempt
to resolve any noncompliance through conference and
conciliation . Should such attempt fail to resolve the
noncompliance, the Coordinator shall transmit a copy of the
findings of noncompliance, with a statement that conciliation
was attempted and failed , to the City Manager who shall take
appropriate action to secure compliance .
(C) The MBE/WBE Office may require such reports , information, and
documentation from contractors; bidders , contracting agencies,
and . the head ' of any department, division, or office of the
City of Fort tgorth , as are reasonably necessary to determine
compliance with the requirements , within ten ( 10) days after
the notice of noncompliance .
(D) Contracting departments shall maintain accurate records for
each contract awarded, including dollar value, the-filature. of
the goods or services to be provided, the name of the contrac-
tor awarded the contract, the efforts it employed Ito solicit "Z":.
bids from MBE and WBE, identifying for each its dollar value,
1
the nature of the goods or services provided, and the name of
the subcontractor.
(E) The City Manager, with the advice .and counsel. of the DBEAC in
accord with City of Fort Worth Resolution . No . 1148 , - shall
submit an annual" report to the -City Council .on the progress of
the City toward the utilization goals established by this
ordinance, together with an identification of problems and
specific recommendations for improving the City ' s performance _
VIII . DEBARMENT
(A) The misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by an
.offeror will result in the offeror being determined to be an
irresponsible offeror and barred from participating in City
work for a period of time of not less than three (3) years .
(B) The MBE/WBE Office will send a written statement of facts and
a recommendation for debarment to the City ;3,1anager . The
City Manager, after consultation with the Department of Law,
will make the decision regarding debarment and send a
certified notice to the offeror.
(C) An offeror that receives notification of debarment may appeal
to an Appeal Board, hereinafter created , by giving written
notice within ten ( 10) days from the date of receipt of the
debarment notice , to the City Manager of its request for
appeal .
(D) An Appeal Board, consisting of not less than three members
appointed by the City Manager with the approval of the City
Council , will meet within thirty (30) days from the date of
receipt of the request for appeal of debarment, unless Offeror
requests an extension of time. The Offeror will be notified
of the meeting time and location.
(E) The Offeror will be afforded an opportunity to appear with
Counsel if they so desire, submit documentary evidence, and
cohfront any person the City presents..
(F) The Appeal Board will render its decision not more than thirty
(30) days of the hearing and send a certified notice to the
Offeror .
(G) If the Appeal Board upholds the original debarment, the
Offeror may appeal to t-he City Council within- ten ( 10) days-
from the date of receipt of the Appeal Board' s decision by
giving written notice to the City Manager.
-21-
(H) The appeal will be placed on the City Council agenda within
thirty (30) days from receipt of written notice , unless
Offeror requests an extension in writing.
(I) From the date of notification of debarment and during the
pendency of any appeal , the City will not consider offers
from, ..award contracts .to, renew or otherwise extend contracts
with , or contract directly or indirectly through subcontracts
with the. Offeror pending. the Appeal Board' s decision.
IX. SEVERABILITY
If any provision of this attachment or 'ordinance, -the application
thereof to any person . or circumstance is held_ invalid for any
reason in a court of competent jurisdiction, such invalidity shall
not affect the other, provisions of any other application of this
attachment or ordinance which can be given effect without the-
invalid.
heinvalid. provision or application, and to this end, all -the
provisions of this attachment or ordinance are hereby declared to
be severable_
-22-
t CITY OF FORT WORTH ATTACffiVIEN I
HOUSING DEPARTMENT
SUBGRANTEVS REQUEST FOR FUNDS
Agency
Program Name:
Contract Number. ReportPeriod
Date of Request
CASH BALANCE ANALYSIS FOR
1. Beam Cash Balance $ $
2. Amount Received:
Program Income $ $
City of Fort Worth $ $
Interest Earned $ $
3. Total Funds Available(1 +2) $ $
4. Less Expenditure(detail statement cost) $ $
5. ENDING CASH BALANCE (34) $ $
6. Estimated Expenditures $
7. Funds Needed(6-5) $
9. Less Estimated Program Income $ -
9. Unpaid Request for Payment Previously Submitted $
10.Amount of This Request(7-8 &9) $
I. MARS-Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number '
B. Fund/Account(Centei-
C. Total Amount of this Request
1. Verification
A: Model Blocks Planner: /
B. Contract Manager:
C. Accounting: / I
Z. Authorization
A. Agency:
B. Mgmt&Budget-
Housing
udgetHousing Director
n+OV=$8,500.00 ( )
CITY OF FORT WORTH ATTACHMaNT ir
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
CONTRACT NO. DATE
AGZNCY
TO
PROGRAM REPORTPUUOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516010
FICA . 518010
Life Insurance 518050
Health Insurance . •518060
Unemployment-Federal 518090
Unemployment Tax-State 518090
Worker's Comp 518040
Retirement 518070
SUPPLIES
Office Supplies 521010
jPostage, 521020
Teaching Aids 522030
Food Su lies 522030
Other Operating Supplies 523300
CONTRACTUAL SERVICES
Tele one 535040
Electric •533020
Gas(Utility) 535010
Water/Waste Disposal 533030
Rent(Building) 537010
Custodial Services 539220
Office ui mentRental 537030
jPrinting 533030
Re airs 53600
FidelityBond 538210
Liability Insurance 7 1 534020
Legal&Accounting 538060
Private Auto Allowance-Local 532130
Advertising 533010
Conferences&Seminars 331180
Contractual Services 539120
[ndirect Cost 517010
CAPITAL OUTLAY
Furniture,Fixtures .341330
DfficeEquipment 541370
Iroperty Insurance
COTAL
Sub-Contractors Certification: I certify that the costs incurred iie taken from the books of accounts-and that such costs are valid
and consistent with the terms of the agreement
AME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DA N
1 I
CITY OF FORT WORTH ATTACHMENT III
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DMSTON
EXPENDITURES WORKSHEET
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
CHECK
NO. DATE I #f PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4 -
6
7
8
9
10
11
12
13
14
15
16
8
9
TOTAL
Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
;� 1 ,,.5 -
_
lE and TITLE OF AUTHORIZED OFFICER SIGNATURE aial DATE
ATTACHMEKT IV
MONTHLY NARRATIVE REPORT
MONTH REPORTING
FROM: TO:
I . ACCOMPLISHMENTS
II . ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH:
III. ' PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED :
IV, ANTICIPATED ACTIVITIES DURING NEXT •MONTH :
ATTACHt4ENT IV(a)
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ATTACHMENT V
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made between,
("'Owner") and ("Contractor"), on this
Day of , 2000 for the purpose of constricting ONE
single family dwelling (s) on a lot(s) provided by the "Owner" within the Corporate
limits of Fort Worth, TX ("Work").
*The lot site address is:.
*Its legal description is:
*Attacli an Addendum for multiple units constructed.
The "Owner' Representative" (as defined below) shall compensate the Contractor a total
stun of $ and no/100.
Payment shall be made in accordance with Article 9 of this Contract.
The date of Commencement shall be ; with a Completion date not to
exceed 120 Days ("Contract Time").
Owner and Contractor hereby agree to the following:
TER_tMS AND CONDITIONS
Article 1
GENERAL PROVISIONS
1.1 TERIVIS USED IiN THE CONTRACT
1.1(a). This Contract,,the Infill Program and Specifications for Construction of Single
Family Homes as a requirement of participating in the City of Fort Worth Infill Housing
Program represent the entire and integrated agreement between the parties and are
together referred to as "Contract Documents".
1.1(b). The term "Work" shall mean the construction and services required including all
labor, materials, equipment and services provided by the Contractor to fulfill the
Contractor's" obligations and responsibilities under the Contract Documents.
1,4(c ). The terns Owner's Representative shall mean: the City of Fort Worth Housing
Department who provides administration of the Contract as described in lie-Contra —�
-;J: L _5' .. L11.
Ij
R�
l
Documents. The Owner's Representative will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents,
1.1(d). This Contract may be amended or modified ONLY by a mutually agreed written
modification or in the form of a Chan-e Order. A Change Order shall be a written order
to the Contractor signed by the "Owner" or Owner's Representative to change the Work,
Contract Sum or. Contract Time. A change order is a part of this Contract and the
Contract Documents.
1.1(e). The exhibits and addendum's attached together with the change orders are a part
of this contract and binding on all parties. Those items include but are not limited to,
Change Orders, Contractor's Application and Certificate for Payment, Contractor's
Affidavit of Payment of Debts and Claims, and the Certificate of Substantial Completion,
Drawings, and other Specifications.
Article 2
RESPONSIBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
2.1(n). If requested by the Contractor, the Owner shall furnish and pay for a survey and a
legal description of the site.
2.1(b). Except for permits and fees which are the responsibility of the Contractor under
the Contract Documents, the Owner shall obtain and pay for necessary approvals,
easements, assessments and charges:
2.2 OWNER'S RIGHT TO STOP WORK
If the Contractor fails to comply with the Contract terms, the Owner.or the Owner's
Repi-esentative may direct the Contractor in writing to stop the Work until the correction
is made.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within fourteen days (14) from the date of written notice
from the Owner or Owner's Representative to cure such default, the Owner or Owner's
Representative may, without prejudice to other remedies, cure such defaults. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
Contractor. If the default is not reasonably susceptible to cure by Contractor within the
.fourteen (14) day period, Owner will not exercise the option to terminate this agreement
so long as the Contractor has commenced to cure the default within the fourteen (14) day
period and diligently complete the work within a reasonable time.
2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION/AWARD SEPARATE CONTRACTS
2A(a). - The Owner reserves the right to perform construction or operations related to the
project with the Owner's own forces, and to award separate contracts in -connection with
other portions of the project.
2.4(b). The Owner shall require the Contractor to coordinate and cooperate with separate
contractors employed by the Owner.
2.4(c ). The Owner shall require that costs by delays or by improperly timed activities or
defective couIStruction be borne by the party responsible therefor.
2.5 If a defect occurs and if the Contractor does not cure the defect timely according to
the contract -.provisions the Owner may enter into a separate contract with a third party to
cure their defect. The contractor then shall timely reimburse the Owner for the cost of
contracting with the third party and the cost to cure the defect.
Article 3
RESONSIBILITIES OF THE CONTRACTOR
.3.1 EXECUTION OF THE CONTRACT - -
ExecL1tion of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE CONTRACTOR
The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner. Before commencing activities, the
Contractor shall (1) take field measurements and verify field conditions; (2) carefully
compare this and other information known to the Contractor with the Contract
Documents; and (3) promptly report errors, inconsistencies or omissions discovered to
the Owner's Representative.
3.3 SUPERVISION AND CONSTRUCTION_PROCEDURES
3.3(n). The `'Contractor shall supervise and direct the Work, using "Contractor's" best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for coordinating
all portions of the Work.
3.3(b). The Contractor, as soon as practicable after award of the Contract, shall furnish in
writing to the Owner through the Owner's Representative the names of Subcontractors r
suppliers for each portion of the Work. The Owner's Representative will promptly reply
3 o7rgibo
to the Contractor in writing if the "Owner" or the Owner's Architect, after due
investigation, has reasonable objection to the subcontractors or suppliers listed.
3.3(c ). The Contractor will comply with Minority/Woman Business Enterprise
(M/WBE) requirements as outlined in the "Specifications for Construction of Single ,
Family Homes". The Owner has a minimum goal of 40% of the dollar volume of the
contract for MWBE participation.
3.3(d). The Contractor will comply with all local building code's , ordinances and the
Model Energy Code.
3.4 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents; the Contractor shalt provide and
pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and
services necessary for proper execution and completion of the Work. The Contractor
shall deliver, handle, store, and install materials in accordance with manufacturer's
instructions.
3.5 WARRANTY
The Contractor warrants to the Owner and Owner's Representative that: (1) materials and
equipment furnished under the Contract will be new and of good quality unless
otherwise required or permitted by the Contract Documents; (2) the Work will be free
from defects not inherent in the quality required or permitted; (3) the Work will conform
to the requirements of the Contract Documents and the Contractor shall provide a ten year
warranty.
3.6 TAXES
The Contractor shall pay sales, consumer, use and similar taxes that are legally required
when the Contract is executed.
3.7 INSURANCE
During the term of this contract and any extension there of, contractor shall maintain an
insurance policy with the following coverage:
3.7 (a) Commercial General Liability Insurance of a minimum of $1,000,000.00 per
occurrence.
3.7 (b) Business Auto Liability Insurance of a minimum of$1,000,000.00 each accident.
3.7 (c) Statutory Workers' Compensation Insurance including employer's liability.
3.7 (d) Builder's Risk Insurance to cover the property in the course of the project (against
fire, hail, theft, etc. of materials and incomplete construction).
3.7 (e) In addition, the City of Fort Worth and Fort Worth Housing Finance Corporation
shall be endorsed as an additional insured on'all insurance policies.
4 07/z-870'd
3.8 PERMITS, FEES AND NOTICES
3.8(a). The Contractor shall obtain.and pay for the building permit and other permits and
goverrunent fees, licenses and inspections necessary for proper execution and completion
of the Work.
3.8(b). The Contractor shall comply with the notices .required by agencies having
jurisdiction over the Work. If the Contractor performs work knowing it to be contrary to
laws, statutes, ordinances, building codes, and rules and regulations without notice to the
Architect, Owner's Representative .and Owner, the Contractor shall assume full
responsibility for such Work and shall bear the attributable costs. The Contractor shall
promptly notify the Architect/Owner's Representative in writing of, any known
inconsistencies in the Contract Documents with such governmental laws, rules and
rebulations.
3.9 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Documents and the Owner.
3.10 SUBMITTALS
The Contractor shall promptly review, approve in writing and submit to the Owner's
Representative Shop Drawings, Product Data, Samples, and similar submittals required
by the Contract Documents. Shop Drawings, Product Data Samples and similar
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly.
3.12 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
3.13 SECTION 3 CLAUSE
Executive Order 11246 prohibits job.discrinzination on the basis of race, color, religion,
gentler, or national origin and requires affirmative action to assure equality of opportunity
in all aspects of employment. The Contractor also agrees to the following:
A. The work to be performed under this contract is on a project assisted Linder a program
providing direct Federal financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of Section 3 of the Housing
and Development Act of 1968, as amended, 12 U.S.C. 170 1u. Section 3 requires that
to the greatest extent feasible opportunities for training and employment be given
lower income residents of the project area and contracts for work in connection with
the project be awarded to business concerns which are located in 'or owned in
substantial part by persons residing in the area of the project.
5 07/28/00