HomeMy WebLinkAboutContract 33478 CITY SECRETARY
CONTRACT NO
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract ("Contract") is made and entered into by and between the City of Fort
Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth TX 76102, acting by and
through Dale A. Fisseler, its duly authorized Assistant City Manager, and United Riverside
Rebuilding Corporation Inc. ("URRC"), whose address is 201 South Sylvania, Fort Worth, Texas
76111, acting by and through Kelly Allen-Gray, its duly authorized Executive Director.
(Sometimes City and URRC are referred to individually as a "Party" and collectively as the
"Parties").
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;
WHEREAS, the primary purpose of the HOME program ("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 Partnerships Program Final Rule, as amended, 24 CFR Part 92 et seq. (the "HOME
Regulations" or "Regulations") is to benefit low income citizens by providing them with
affordable housing;
WHEREAS, URRC, a Texas non-profit corporation managed by a volunteer Board of
Directors and qualified as a Community Housing Development Organization ("CHDO")
according to HUD guidelines, is working to increase the number of decent, affordable housing
units available to low and moderate income persons;
WHEREAS, URRC previously received FIFTY THOUSAND AND N0/100 DOLLARS
($50,000.00) in HOME funds to be used as CHDO operating expenses for development of a
housing project, and has submitted a proposal to City for HOME CHDO program funds; and
WHEREAS, the citizens and the City Council have determined that the development of
safe, decent, and affordable housing is needed for moderate, low, and very low-income citizens
of Fort Worth;
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NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1. GENERAL PROVISIONS
A. Purpose
The express purpose of this Contract is to provide URRC with HOME funds ("HOME
Funds") not to exceed TWO HUNDRED EIGHTY-SEVEN THOUSAND AND NO/100 Dollars
($287,000.00) for the construction of six (6) single-family infill houses in the Riverside
Neighborhood and for homebuyer down payment assistance to certain qualified buyers of these
houses (the "Program"). The development by URRC of six (6) houses for sale to eligible low
income homebuyers will be in two phases, all in accordance with the attached Exhibit "A" —
Program Summary.
City certifies that URRC is a Community Housing Development Organization("CHDO")
and acts as a housing developer as defined by HUD.
The HOME Funds must be used in connection with the Program for eligible activities and
costs allowed under the HOME Regulations including acquisition costs, development hard costs
and related soft and predevelopment costs as more specifically described in 24 CFR Part 92.206.
Eligible activities and costs may include those activities and costs directly related to the Program
that were incurred prior to the date of execution of this Contract. It is specifically understood
that City within its sole discretion shall determine whether any such activities and costs incurred
prior to the date of execution of this Contract shall be paid to URRC. HOME Funds will be
disbursed to URRC on a reimbursement basis upon URRC's written request in accordance with
City Housing Department policies for disbursement of CHDO funds.
URRC shall be paid a per-unit developer's fee of THREE THOUSAND AND NO/100
DOLLARS ($3,000.00) upon the closing of the sale of each of the first three (3) houses. URRC
may use these funds at its discretion. Such developer's fee shall be paid from HOME Funds and
shall be in addition to the sales proceeds. URRC shall retain the sales proceeds for the first three
(3) houses as CHDO proceeds ("CHDO Proceeds") which shall be used for the construction of
three (3) additional single-family infill houses in accordance with the Program. If URRC
completes construction of all six (6) houses during the term of this Contract and any extensions
hereof, using HOME Funds and CHDO Proceeds, it may retain all remaining sales proceeds from
the closing and sale of the last three (3) houses to be used solely for affordable housing purposes
in accordance with HOME Regulations.
The City shall act through its agent, the City Manager, or his or her duly authorized
representative, unless otherwise stated in this Contract. URRC agrees to comply with the HOME
Regulations including, if applicable, the Uniform Administrative Requirements, 24 CFR Part
92.505, and Subpart F, the Project Requirements, 24 CFR Part 92.250 et seq.
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B. Duration
The term of this Contract begins on the date of execution and terminates two (2) years
thereafter except for any applicable obligations relating to insuring affordability as hereinafter
described. This Contract may be extended for an additional one (1) year term. URRC shall
request the extension in writing at least sixty(60) days prior to the end of the Contract term. The
request for extension shall include URRC's anticipated budget and goals and objectives for the
extended term. It is specifically understood that it is within the City's sole discretion whether to
approve or deny URRC's request for an additional term. Any such extension must be in writing
as an amendment to this Contract and approved by the City Manager or his or her designee.
C. Income Eli ig bility and Use of House as Principal Residence
The income targeting requirements for the HOME Program and for construction projects
assisted with HOME Funds are contained in 92 CFR Part 203(b). Annual income is used to
establish homebuyer eligibility. The definition of annual income to determine homebuyer
eligibility under this Contract shall be the definition contained in 92 CFR Part 203(b)(2) as
amended from time to time. The annual income of the homebuyer, adjusted for family size, shall
not exceed eighty percent (80%) of the area median income established by HUD. URRC shall
use the most current HUD Income Guidelines and Technical Guidance for Determining Income
and Allowances to determine a homebuyer's eligibility for the Program.
URRC shall insure that each homebuyer will use the house purchased under this Program
as his or her principal residence during the affordability period, as hereinafter defined.
D. Housing Standards
Housing units developed with HOME Funds furnished under this Contract shall meet all
City Building Codes, ordinances and standards.
E. Other Requirements
The sale price of each house constructed and sold under this Contract shall not exceed
ninety-five percent (95%) of the median sales price of the same type of single-family housing
located within the City as determined by HUD.
The sale price of each house shall not exceed the appraised value of such house as
determined by an independent, licensed appraiser.
Housing assisted with HOME Funds under this Contract will remain affordable for the
affordability period as described below. Affordable means that the homebuyer's monthly
payment of principal, interest, property taxes, and insurance 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. In the case of
new home construction, the percentage of the homebuyer's monthly adjusted income shall not
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exceed thirty-two percent(32%).
F. Independent Contractor
URRC shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. URRC 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 invitee. The doctrine of
respondeat superior shall not apply as between City and URRC, its officers, members, agents,
servants, employees, subcontractors, Program participants, licensees or invitee, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and URRC. It
is expressly understood and agreed that no officer, member, agent, employee, contractor, licensee
or invitee of URRC, nor any Program participant, 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 URRC, its
officers,members, agents, employees, contractors,Program participants, licensees or invitees.
City shall in no way nor under any circumstances be responsible for any property
belonging to URRC, its officers, members, agents, employees, contractors, Program participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and URRC
hereby indemnifies and holds harmless City and its officers, agents, and employees from and
against any and all claims or suits pertaining or connected with such property.
G. Termination
The City may terminate this Contract in the event of URRC's default, inability, or failure
to perform, or otherwise whenever such termination is determined by the City to be in the City's
best interest. Likewise, URRC may terminate this Contract if the City does not provide the
HOME Funds set forth in this Contract. The Contract may be terminated for mutual convenience
upon written agreement of the Parties.
URRC agrees that any provisions of this Contract that pertain to affordability,
homebuyer eligibility, and City Building Codes, ordinances and standards, as well as any
applicable HOME requirements shall survive the termination of this Contract.
URRC shall begin construction work within four (4) months from the date this Contract
is executed. Failure to begin construction work within four (4) months shall be grounds for
termination of this Contract.
City shall notify URRC in writing of any breach of this Contract. URRC shall have
fourteen (14) days within which to cure the particular breach. If URRC fails to cure the breach,
this Contract shall automatically terminate at the expiration of the stated time allowed for cure.
URRC will return to City any unused HOME Funds 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 URRC's expenditures or actions occurring after the effective date of
Contract termination.
H. Venue
Venue for any action, whether real or asserted, at law or in equity, arising out of the
execution, performance, attempted performance or non-performance of this Contract, shall lie in
Tarrant County, Texas.
I. Written Instrument is Entire Agreement
All terms of this Contract shall apply to any and all contractors of URRC which are in
any way paid with HOME Funds or who perform any work in connection with URRC'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
Contract 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 HOME Funds for use as stated herein. City will monitor the
use of the HOME Funds at least annually to ensure that they are being used appropriately and in
conformance with the provisions of this Contract and the HOME Regulations. Funds shall be
disbursed after execution of this Contract and in compliance with the provisions hereof.
Disbursements of HOME Funds will not be made until actually needed, and payment shall
require completion of all appropriate City forms and copies of adequate supporting
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documentation verifying the eligibility of activities and expenses. URRC shall furnish City a
duplicate original of its construction contract with its builder(s) prior to any HOME Funds being
disbursed hereunder. Such construction contract shall be in the form as the attached Exhibit"E"
— Contract for Construction. No additional HOME funds will be disbursed if City has not
received the necessary financial reports that account for previously disbursed HOME Funds.
Reimbursement of eligible expenses shall be made against line items in the attached Exhibit"B"
- Program Budget. URRC may not increase or decrease line-item amounts in the Program
Budget without City's prior written approval. To further the purposes of the Program and only as
requested in writing by URRC, City may disburse HOME Funds pay URRC's vendors or
contractors directly, in accordance with the City Housing Department's Disbursement Policy for
CHDOs, Model Blocks, and Subrecipients. All work items must pass inspection by City's
Housing Department inspectors as evidenced by a completed inspection form to be furnished by
City prior to the release of HOME Funds for construction work draws. Construction costs will be
payable in accordance with a draw schedule based on the extent of completion of each housev as
approved by City Housing Department inspectors.
B. Amount of Funds
It is agreed that the total distribution of HOME Funds made available to be paid on behalf
of URRC during the term of this Contract shall not exceed the total sum of TWO HUNDRED
EIGHTY-SEVEN THOUSAND AND NO/100 DOLLARS ($287,000.00).
3. DUTIES AND RESPONSIBILITIES OF URRC
A. Statement of Work
URRC will utilize HOME Funds to provide affordable housing opportunities to persons
who are low income citizens by building infill housing in the Riverside Neighborhood. All
houses constructed with HOME Funds must meet all HOME Program requirements. All
homebuyers who purchase a house constructed with HOME Funds must also meet all HOME
Program requirements. URRC shall timely furnish City all documentation necessary to show that
both the house and the homebuyer are HOME eligible and meet all City and HOME Program
requirements. Such requirements shall include but not be limited to copies of all documents
necessary for City to verify that the house, the homebuyer and homebuyer's first lien mortgage
meet all HOME Program and City requirements. URRC will ensure that all homebuyers
complete a homeownership training program prior to the completion of their purchase of a house
constructed under the Program.
B. Budget
URRC agrees that the HOME Funds will be expended in accordance with Exhibit "B" -
Program Budget. Under no circumstances shall the total amount of Program funds expended by
URRC from HOME Funds paid by the City exceed TWO HUNDRED EIGHTY-SEVEN
THOUSAND AND NO/100 DOLLARS ($287,000.00).
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URRC agrees to keep any excess sales proceeds in interest bearing accounts. During the
term of the Contract, financial reports on all sales proceeds and interest earned as a result of use
of HOME Funds in this Contract shall be reported to the City on a monthly basis.
URRC will not commingle HOME Funds with any other funds in any manner that would
prevent the City from readily identifying expenditures for operation of the Program.
C. Time Line for Goals and Expenditures
URRC will implement its housing development program in accordance with the
schedule set forth in the attached Exhibit "C" - Program Timeline, and ensure that Program
goals and expenditures correspond with the completion of the Program.
D. Reversion of Assets and Use of Program Income
URRC shall retain the proceeds from the sale of the first three (3) houses to build three
(3) more houses in the Riverside Neighborhood for sale to eligible low income homebuyers. If
URRC does not build the additional three (3) houses for any reason, the sales proceeds shall be
returned to the City to be deposited in the City's HOME Investment Trust Fund local account or
the unsold house(s) shall be conveyed to City to be sold by City to income-eligible residents.
To secure the City's interest in the houses to be constructed in the event that URRC is
unable for any reason to fully complete the Program, URRC agrees to execute and record
appropriate security instruments including without limitation, notes, deeds of trust, security
agreements, pledges or other similar security instruments, on the lots on which the six (6)houses
will be constructed. City agrees to execute partial releases of such security instruments as may
be necessary to allow URRC to complete its obligations under this Contract provided that URRC
is not otherwise in default of the provisions of this Contract including but not limited to those
provisions relating to homebuyer eligibility under both City and HOME Program requirements.
In the event URRC is dissolved, this Contract shall terminate. In the event this Contract
is terminated with or without cause, for any reason whatsoever, all assets acquired with HOME
Funds used in the development of the houses under the Program including cash, interest
payments from loans or otherwise, all outstanding notes, mortgages or other security instruments
used to secure HOME Funds and any real property owned by URRC that was acquired or
improved with HOME Funds shall belong to City and shall be transferred to City or to such
assignees as City may designate.
E. Affirmative Marketing
URRC must adopt affirmative marketing procedures and requirements for all housing
assisted with HOME Funds. 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 sex, age, race, creed, nationality, religion,
handicap status or familial status are given an equal opportunity to participate in the Program.
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URRC will be solely responsible for the effective marketing responsibilities necessary to achieve
the URRC's production goals.
F. Recapture Provisions/Period of Affordability
Housing purchased or constructed with HOME Funds must remain affordable and subject
to recapture provisions for the affordability periods described in 24 CFR Part 92.254 of the
HOME Regulations. Housing assisted with HOME Funds must remain affordable housing for
the following minimum periods: 5 years where the 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.
To ensure that the affordability requirements are met, URRC will provide each
homebuyer purchasing a house assisted with HOME Funds under this Contract a minimum of
ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) from the HOME Funds provided to
URRC in the form of closing cost and/or downpayment assistance. City will assist URRC in
providing direct assistance for closing cost and/or downpayment assistance by determining and
verifying homebuyer eligibility. Homebuyer eligibility shall be determined by City in City's
sole discretion using City guidelines and HOME Program requirements. URRC shall
timely provide City with all documents and information necessary for City to determine
and verify home buyer eligibility. In addition, URRC may request that City provide additional
closing cost and down payment assistance in an amount greater than ONE THOUSAND AND
NO/100 DOLLARS ($1,000.00) for each house if such funds are needed to make the house
affordable to the homebuyer. However, the total amount of closing cost/down payment
assistance provided with HOME Funds from both URRC and/or City shall not exceed a
combined total of FOURTEEN THOUSAND NINE HUNDRED NINETY-NINE AND NO/100
DOLLARS ($14,999.00) per homebuyer. To secure recapture of the HOME Funds,'URRC will
ensure that all homebuyers for the six (6) new houses developed under this Contract will execute
a Note and record a Deed of Trust payable to the City in the amount of assistance provided to
that homebuyer. URRC will obtain forms for this Note and Deed of Trust from City, and will
furnish copies of such executed Notes and recorded Deeds of Trust to City upon closing of the
sale of the houses. This Homebuyer's Assistance Note and Deed of Trust shall be subordinate to
any first lien purchase money mortgage.
Any HOME Funds invested in housing that fails to meet the affordability requirements
for the appropriate affordability period must be repaid to the City in accordance with HOME
Regulations.
Houses constructed with the HOME Funds provided by this Contract must remain the
homebuyer's principal residence during the applicable affordability period. The recapture
provisions will remain in effect on houses constructed or purchased in whole or in part with
HOME Funds for the specified affordability period. If the homebuyer retains ownership of the
house and continues to occupy it as homebuyer's principal residence for the full period of
affordability, no further recapture restrictions will apply. Any sale of the house by the
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homebuyer during the period of affordability will require repayment of the deferred payment loan
or other subsidy provided in accordance with HOME Regulations, 24 CFR Part 92.254(a) (4).
G. Record Retention and Reports
URRC agrees to cooperate fully with City in the development, implementation, and
maintenance of record-keeping systems and to promptly provide City with any data determined
by City to be necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically URRC 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 five (5)years after the period of
affordability terminates. URRC agrees to promptly supply City with copies of any information
or other documentation upon City's written request.
URRC will obtain and keep on file the following information on each household served
by the Program in accordance with the attached 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 one of the following categories:
Ethnicity: Hispanic/Latino or Non Hispanic/Latino Race: White,
Black/African American, Asian; American Indian/Alaskan Native &
Hawaiian/Other Pacific Islander, American Indian/Alaskan Native & White,
Asian & White, Black/African American & White, American Indian/Alaskan
Native& Black/African American, Other Multi-Racial;
c. Whether the head of the client's household is male or female;
d. Additional statistical information as may be required by HUD regulations and
any amendments thereto:
URRC will keep on file the following information and documentation on each individual
project:
e. Proof that the project meets the applicable property standards;
f. The per unit amount of HOME Funds invested;
g. Compliance with the affirmative marketing requirements and existence of
acceptable procedures;
h. Compliance with relocation requirements;
i. Records indicating whether or not any contractors or subcontractors performing
work under this Contract were Minority and/or female owned, and if so, the
contract amounts;
j. Records demonstrating actions taken to affirmatively further fair housing aims
in the sale of the houses;
k. Compliance with lead based paint requirements;
1. Compliance with conflict of interest rules;
m. Copies of the builder's State of Texas registration certificate.
URRC will keep on file copies of the following loan documentation for each individual
loan:
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n. Sales Contract between seller and buyer;
o. Appraisal;
p. Environmental review;
q. Housing Quality Standard Inspection Checklist
r. Closing Settlement Statement(HUD-1);
s.Warranty Deed;
t.First Lien Promissory Note;
u. First Lien Deed of Trust
v. Subordinate Promissory Note;
w. Subordinate Deed of Trust;
x. Mortgagee's Title Policy;
y. Homeowner's Insurance Policy;
z. Survey;
aa. Termite inspection(if applicable);
bb. Lead Based Paint Disclosure (if any); and
cc. Notice To Seller(the Guide Form Notice).
By the 15th day of each month during which the Program is supported by HOME Funds
provided under this Contract (to be construed as including the use of any asset obtained through
the expenditure of HOME Funds),URRC will supply the City with a report detailing:
a. Program reports in accordance with Attachment IV — "Monthly Narrative
Report" and Attachment IV (a) - Performance Report;
b. Expenditure detail in accordance with Attachment I - "Request For Funds",
Attachment II - "Detail Statement of Costs", Attachment III -
"Expenditures Worksheet", and Attachment V — "Program Income
Report".
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 the 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
ANY OTHER CONTRACTS WITH URRC.
H. Cost Principles
URRC shall administer the Program in compliance with OMB Circular A-122, "Cost
Principles for Non-Profit Organizations", as amended from time to time and with the following
All non-federal entities that expend $500,000 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 URRC'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)
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I
months following the end of the period being audited and be submitted to City within thirty (30)
days of its completion. URRC'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 (URRC'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 URRC's total agency operating budget.
Non-profit entities that expend less than $500,000 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, City, and General Accounting Office.
City reserves the right to perform an audit of URRC's Program operations and finances at
any time during the term of this Contract, if City determines that such audit is necessary for
City's compliance with OMB Circular A-133, and URRC agrees to allow access to all pertinent
materials as described in Section G. Record Retention and reports. If such audit reveals a
questioned practice or expenditure, such questions must be resolved within fifteen(15) days after
notice to URRC of such questioned practice or expenditure. If questions are not resolved within
this period, City reserves the right to withhold further funding under this and/or future contract(s)
with URRC.
If as a result of any audit it is determined that URRC has misused, misapplied or
misappropriated all or any part of the HOME Funds, URRC agrees to 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 by HUD because of such misuse,
misapplication or misappropriation.
I. Monitor Effectiveness of Services and Work
The City will monitor the activities and performance of URRC and its contractors not less
than annually as required by the HOME Regulations, 24 CFR Part 92.504.
URRC agrees to fully cooperate with City in monitoring the effectiveness of the services
and work to be performed by URRC in compliance with the terms of this Contract. 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 URRC, its officers, directors, agents, employees, and contractors
for the purpose of such monitoring.
URRC agrees to likewise monitor the effectiveness of the services and work to be
performed by its contractors.
J. Compliance with All Applicable Laws and Regulations
URRC agrees to comply with the following laws and the regulations as they are currently
written or are hereafter amended during performance of this Contract:
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(1) Federal
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 and 11246, as amended by Executive Orders 11375 and 12086
and as supplemented by 41 CFR Part 60
The Age Discrimination in Employment Act of 1967 (29 USC et seq.)
The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8
where applicable
National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA")
and the related authorities listed 24 CFR Part 58
The Clean Air Act, as amended, (42 USC 7401 et seq.), the Clean Water Act of 1977, as
amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as
amended from time to time, and Executive Order 11738. In no event shall any amount of
the assistance provided under this Contract be utilized with respect to a facility that has
given rise to a conviction under the Clean Air Act or the Clean Water Act.
Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.) specifically including
the provisions requiring employer verifications of legal status of its employees
The Americans with Disabilities Act of 1990, as amended, (42 USC 12101 et seq.), the
Architectural Barriers Act of 1968, as amended, (42 USC 4151 et seq), and the Uniform
Federal Accessibility Standards, 24 CFR Part 40,Appendix A
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")
Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR part 23, Subpart F
Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
Regulations at 24 CFR Part 882.708 (c)pertaining to site and neighborhood standards for
new construction projects
(2) Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC
1.701 u et seq.) and its related regulations at 24 CFR Part 135
As the work performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section
3")requires that the following clause be inserted in all covered contracts ("Section 3 Clause"):
"A. The work to performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3, shall,
to the greatest extent feasible, be directed to low-and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR
HOME CHDO SF INFILL CONTRACT Pa 17 v
United Riverside Rebuilding Corp. Rev' 4-28.706
Part 135, which implement Section 3. As evidenced by their execution of this contract, the
Parties to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representatives of the contractor's
commitments under this Section 3 clause and will post copies of the notice in conspicuous places
at the work site where both employees and applicants for training and employment positions can
see the notice. The notice shall describe the Section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s)taking applications for each of
the positions; and the anticipated date the work shall begin.
D. The contractor agrees that it will include this Section 3 clause in every subcontract
to comply with regulations in 24 CFR Part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding
that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will
not subcontract with any subcontractor where it has notice or knowledge that the subcontractor
has been found in violation of regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135
require employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian
housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian—owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section 7(b)."
City and URRC understand and agree that compliance with the provisions of Section 3,
the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be
a condition of the Federal financial assistance provided to the Program, binding upon the City
and URRC, and their respective successors, assigns and subcontractors. Failure to fulfill these
requirements shall subject URRC and its subcontractors, and their respective successors and
assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is
provided and to such sanctions as are specified by 24 CFR Part 135.
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United Riverside Rebuilding Corp. Rev.4-28-06
(3) Lead Based Paint Requirements
All houses built prior to 1978 proposed to be rehabilitated with Federal funds shall require
inspection for lead based paint. Inspection and abatement work shall be carried out by
contractors and workers certified and trained under the Texas Department of Health,
Environmental Lead Branch. This includes inspectors, risk assessors, abatement and hazard
reduction contractors.
A written certification must be on file with the City Housing Department that certifies all
firms, abatement supervisors, lead workers, inspectors, and risk assessors performing work on
houses assisted with federal funds that require lead hazard reduction are certified under the laws
and regulations of the Sate of Texas Department of Health, Environmental Lead Branch.
If applicable, URRC and all of its contractors shall comply with appropriate HUD and
EPA regulations regarding lead-based paint notification, disclosure, or work practices during lead
hazard control activities.
URRC and all contractors shall prohibit the use of open-flame burning, chemical strippers
containing methylene chloride, dry scraping, uncontained hydroblasting or hydrowashing,
uncontained abrasive blasting, machine sanding without HEPA attachments or heat stripping
above 1100°F as work practices at anytime.
URRC and all of its contractors shall dispose of waste resulting from lead hazard control
activities in accordance with the requirements of the appropriate local, State and Federal
regulatory agencies. URRC or contractors must handle disposal of wastes from hazard control
activities that contain lead-based paint, but are not classified as hazardous, in accordance with
State or local law or the HUD Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards in Housing.
City's Housing Department will conduct a final inspection of the lead hazard control
work performed.
(4) Other Laws
URRC covenants and agrees that its officers, members, agents, employees, Program
participants and contractors shall abide by and comply with all other laws, (Federal, state and
local) relevant to the performance of this Contract, including all City ordinances, rules and
regulations and the HOME Regulations. URRC further promises and agrees that it has read, and
is familiar with, the terms and conditions of the Federal grant under which HOME Funds are
granted and that it will fully comply with them. It is agreed and understood that, if City calls the
attention of URRC to any such violations on the part of URRC or any of its officers, members,
agents, employees, Program participants or contractors, then URRC shall immediately desist
from and correct such violation.
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United Riverside Rebuilding Corp. Rev.4-28-06
(5) Prohibition Against Discrimination
URRC, in the execution, performance or attempted performance of this Contract and
agreement, will not discriminate against any person because of sex, race, religion, color, national
origin, age, handicap status, or familial status, nor will URRC permit its officers, members,
agents, employees, contractors or Program participants to engage in such discrimination.
During the performance of this Contract URRC agrees, and will require all its
subcontractors to agree, as follows:
URRC will not unlawfully discriminate against any employee or applicants for
employment because of sex, race, religion, color, national origin, age, handicap status or
familial status. URRC will take affirmative action to ensure that applicants are employed
and that employees are treated fairly during employment without regard to their sex, race,
religion, color, national origin, age, handicap status 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. URRC
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
URRC will, in all solicitations or advertisements for employees placed by or on behalf of
URRC, state that all qualified applicants will receive consideration for employment
without regard to sex, race, religion, color, national origin, age, handicap status or
familial status.
URRC covenants that neither it nor any of its officers, members, agents, employees,
program participants or contractors, 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.
URRC further covenants that neither it nor its officers, members, agents, employees,
contractors, 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
("ADA"), URRC warrants that it and any of its contractors 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 URRC or any of its contractors. URRC warrants it
HOME CHDO SF INFILL CONTRACT Page 15
United Riverside Rebuilding Corp. Rev.4-28-06
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 contractors against City arising out of
URRC's and/or its contractors' alleged failure to comply with the above-referenced laws
concerning disability discrimination in the performance of this Contract.
This Contract 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 and URRC hereby covenants and agrees that URRC, its officers,
members, agents, employees and contractors, have fully complied with all provisions of
same and that no employee, applicant or Program participant has been discriminated
against by the terms of such ordinances by either URRC or its officers, members, agents,
employees or contractors.
(6) 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 year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. URRC shall incorporate, or cause to be incorporated, like language
prohibiting such interest in all contracts and subcontracts entered into in connection with the
Program.
No officer, employee, member or Program participant of URRC or its contractors shall
have a financial interest, direct or indirect, in this Contract or the HOME Funds transferred
hereunder or be financially interested, directly or indirectly, in the sale to URRC of any land,
materials, supplies or services purchased with any funds transferred hereunder, except on behalf
of URRC, as an officer, employee, member or Program participant. Any willful violation of this
paragraph with the knowledge, expressed or implied, of URRC or its contractors shall render this
Contract voidable by the City.
No officer, employee, agent, consultant, elected official or appointed official of the City,
URRC or its contractors 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 year thereafter.
(7) Minority and Women Business Enterprise Commitment
URRC agrees to abide by the City's policy to involve Minority and Women Business
Enterprises ("M/WBEs") in all phases of its procurement practices and to provide them equal
HOME CHDO SF INFILL CONTRACT Page 16
United Riverside Rebuilding Corp. Rev.4-28-06
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,
URRC agrees to incorporate City Ordinance No. 15530, and all amendments or successor
policies thereto, into all contracts and subcontracts and will further require all persons or entities
with whom it contracts to comply with said ordinance.
K. Assignment
URRC 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 contracts between URRC and any
contractor engaged in any activity in conjunction with this HOME funded project prior to any
charges being incurred.
L. Indemnification and Release
URRC 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/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 URRC 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 KINDS 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. URRC
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND
HOLD HARMLESS CITY 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 URRC, ITS OFFICERS,
MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES,
HOME CHDO SF INFILL CONTRACT Page 17
United Riverside Rebuilding Corp. Rev.4-28-06
OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH URRC AND CITY,
THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY
BY URRC TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF
CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEDGED TO
BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,DAMAGE OR DEATH.
URRC AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTIAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
URRC SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN
THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY
IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
M. Waiver of Immunity
If URRC, 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, URRC 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.
N. Insurance and Bonding
URRC will maintain blanket fidelity coverage in the form of insurance or bond in the
amount of$30,000, to insure against loss from the fraud, theft or dishonesty of any of URRC'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 Funds 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 use and benefit of URRC.
URRC shall furnish to City, in a timely manner, certificates of insurance as proof that it
has secured and paid for policies of commercial insurance as specified herein. Such insurance
shall cover all insurable risks incident to or in connection with the execution, performance,
attempted performance or nonperformance of this Contract. URRC shall maintain the following
coverages and limits thereof:
HOME CHDO SF INFILL CONTRACT Page 18
United Riverside Rebuilding Corp. Rev.4-28-06
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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 above coverage and at the discretion of the URRC, the policy
shall be the primary responding insurance policy versus a personal auto insurance policy
if or when in the course of URRC'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. URRC or its
contractors shall maintain coverages. In the event the respective contractors do not
maintain coverage, URRC shall maintain the coverage on such contractor for each
applicable contract.
Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover URRC and any associated Board of Directors members.
Additional Requirements
Such insurance amounts shall be revised upward at City's option and that URRC shall
revise such amounts within thirty(30)days following notice to URRC of such requirements.
URRC will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Contract 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 City as an additional
insured as its interest may appear. Additional insured parties shall include employees, officers,
agents, and volunteers of the City.
HOME CHDO SF INFILL CONTRACT Page 19
United Riverside Rebuilding Corp. Rev.4-28-06
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 City.
Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of URRC'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
City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the former
shall prevail.
URRC shall require its contractors to maintain applicable insurance coverages, limits, and
other requirements as those specified herein; and,URRC shall require its contractors to provide
URRC with certificate(s) of insurance documenting such coverage. Also, URRC shall require its
contractors to have City and URRC endorsed as additional insureds (as their interest may appear)
on their respective insurance policies.
URRC shall require its builder to maintain builders risk insurance at the value of the
construction.
O. Certification Regarding Lobbying
The undersigned representative of URRC 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
URRC, 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
HOME CHDO SF INFILL CONTRACT Page 20
United Riverside Rebuilding Corp. Rev.4-28-06
cooperative agreement, URRC shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Submission of this certificate is a
prerequisite for making or entering into this Contract imposed by 31 USC Section 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than$10,000.00 and not more than $100,000.00 for each such failure.
URRC shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
P. MISCELLANEOUS PROVISIONS
All terms of this Contract shall apply to any and all contractors of URRC who are in any
way paid with HOME Funds or who perform any work in connection with URRC's Program.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following (i) deposit in
a Untied States Postal Service post office or receptacle; (ii) with proper postage, certified mail
return receipt requested; and (iii) addressed to the other Party at the address set out in the
preamble of this Contract or at such other address as the receiving Party designates by proper
notice to the sending Party.
If applicable, URRC must meet conditions and limitations for use of HOME Funds
involving a primarily religious entity as set forth in the HOME Regulations.
URRC shall notify City in writing of any changes in its 501 (c) (3) tax exempt status
during the term of this Contract as well as any other change that alters URRC's certification as a
CHDO under the HOME Regulations. URRC agrees to document its continued compliance,
including but not limited to an annual board roster and certification of continued compliance.
URRC represents that it possesses the legal authority, pursuant to any proper, appropriate
and official motion, resolution or action passed or taken, to enter into this Contract and to
perform the responsibilities herein required.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
HOME CHDO SF INFILL CONTRACT Page 21
United Riverside Rebuilding Corp. Rev.4-28-06
IN WITNESS WHEREOF, the Parties hereto have executed four copies of this Contract
in Fort Worth, Tarrant County, Texas, this day of , 2006.
ATTEST: CITY OF ORT W
By:
City Secretary Dale A. Fisseler
Assistant City Manager
APPROVED AS TO ORM AND LEGALITY:
Assistant City Attorney
UN ED ' RIVERSIDE REBUILDING
RP T , I C.
Contract1 Aut;or i zation
1
r K A11 Gray, Executive Dir for
Dat ft
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 200/by Dale
A. Fisseler, the Assistant City Manager, of the City of Fort orth, on behalf the City of Fort
Worth. 4
Notary Public, St#of Texas
" PATRICIA
., JA CK50N•BELL
3.i %,= Natairy Pubk> aMC�d�1.6ws
s t _ MY�ExOm
AUG.82008
STATE OF TEXAS § '°'�,o;,, '--
COUNTY OF TARRANT §
This instrument was acknowledged before me on 200 by
Kelly Allen-Gray, the Executive Director of United Riverside FAbuildiAg Corporation, �ncc., a
Texas non-profit corporation, on behalf of said corpora ion. r 7
Notary Public, S#of Texas
PATRICIAJACKSM-BELL
Notary PubBo,Date of Texas
J,•= my Conmi W Expires
,o+,;� . AUG.6,20M
HOME CHDO SF INFILL CONTRACT Page 22
United Riverside Rebuilding Corp. R v.4-28-06
EXHIBIT"A"
PROGRAM SUMMARY
SCOPE OF WORK
United Riverside Rebuilding Corporation,Inc. ("URRC")
DESCRIPTION:
URRC will build six (6) single-family houses on infill lots in the Riverside Neighborhood.
Construction will take place in two (2) phases, with construction of the first three (3) houses
funded directly through HOME Funds from this Contract, and construction of the second
three (3) houses funded through sale proceeds from the first three (3) houses. Each house
design will include at a minimum: three (3) bedrooms; two (2) baths, two (2) car garages,
1,200 square feet of living area; brick faVade; privacy fence; and landscaping. Upon the
completion and sale of all six (6) houses, the remaining funds will be considered CHDO
Proceeds to be retained by URRC to be used for affordable housing purposes. The City's
investment in each of the six (6) properties will be secured by a first lien deed of trust. City
will execute a partial release of the deed of trust upon the closing of the sale of a completed
house to income-eligible homebuyers provided the terms of the Contract pertaining to
affordability and HOME Regulations are met. Construction quality for the houses will be
subject to inspection by City Housing Department inspectors. Each homebuyer shall be
provided with a minimum of $1,000.00 in down payment or closing cost assistance in
conformance with City Housing Department policies and HOME Regulations. Certain
homebuyers may receive additional assistance from the City's Homebuyer Assistance
program as needed, up to the limit of $14,999.00 per homebuyer. The total amount of
homebuyer assistance provided by URRC under this Contract shall be $22,000.00
PROGRAM OBJECTIVES: Completion of six infill homes.
PROGRAM MEASURES: Estimated Budget
2006-2007
• Construction complete on three(3)houses, $256,000
• Build six(6) quality houses that funded with HOME Funds
meet the City of Fort Worth's • Developer Fees on Three Homes $9,000
housing standards for residents . Construction complete on three (3)houses,
who do not exceed 80% of AMI. funded with Sales Proceeds
• Down payment/closing cost assistance to
eligible buyers as needed. $22,000
Final Program Costs $287,000
TOTAL PROGRAM BUDGET $287,000
Exhibit"B"
PROGRAM BUDGET
URRC Six-Home Project
Cost Item HOME Funds Other
Amount:
This Contract
Lot Acquisition 3 lots for Houses 4,5 & 6 $4,000 $10,000
Construction Costs (Houses 1,2,& 3 $238,950
Appraisals $1,050
Architectural & Engineering $3,000
-Developer's Fee $9,000
Contingency $9,000
Homebuyer Down-Payment Assistance $22,000
TOTAL HOME FUNDS $287,000
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EXHIBIT D
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made
Corporation, a Texas nonprofit corporation ("Owner") and
("Contractor"), as of this _ day of , 2004, for
the purpose of constructing ONE single-family dwelling (s) on a lot(s) provided by the
"Owner"within the City limits of Fort Worth, TX.
*The lot site address is; Fort Worth TX
*Its legal description is: Lot , Block ADDITION, an addition
to the City of Fort Worth, Tarrant County, Texas accordingto o Map or Plat thereof recorded in
Volume ,Page , of the Plat Records of Tarrant Cognly, Texas (the"Property")
Plan#
*Attach an Addendum for multiple units constructed.
Owner shall compensate Contractor a total sum of
($ ) (Contract Price")
Payment shall be made in accordance with Article 9 of this Contract.
The Commencement Date shall be; with a Completion Date not to
exceed 120 calendar days ("Contract Time").
Owner and Contractor hereby agree to the following:
TERMS AND CONDITIONS
Article 1
GENERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
1.1(a). This Contract and all Addenda and Exhibits attached hereto and incorporated herein
by reference for all purposes, and the plans and specifications for construction of this single
family house on the Property represent the entire agreement between the parties and are
collectively referred to as "Contract Documents".
1.1(b). The term "Work" shall mean the construction of the single family house on the
Property and all related services required to complete said construction including all labor,
materials, equipment and services provided by the Contractor to fulfill Contractor's
obligations and responsibilities under the Contract Documents.
1.1(c). The term "Owner's Representative" shall mean the City of Fort Worth's Housing
Department which shall provide administration of the Contract as described in the Contract
Documents. The Owner's Representative will have the authority to act on behalf of the
Owner to the extent provided in the Contract Documents.
1 Revised 04-21-06
1.1(d). This Contract may be amended or modified ONLY by a written modification in the
form of a Change 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.
All Change Orders shall become a part of the Contract Documents.
Article 2
RESPONSIBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
Except for permits and fees related to the Work, which are the responsibility of the Contractor
under the Contract Documents, Owner shall obtain and pay for necessary approvals,
easements, assessments and other charges.
2.2 OWNER'S RIGHT TO STOP WORK
If Contractor fails to comply with the Contract Documents, Owner or Owner's Representative
may direct the Contractor in writing to stop the Work until Contractor complies with the
Contract Documents whether by bringing the Work into compliance with the Contract
Documents or otherwise.
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 five days (5) from the date of written notice from the Owner or
Owner's Representative to cure such default, 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 five (5) day period, Owner will not
exercise the option to terminate this Contract so long as the Contractor has commenced to cure
the default within the five (5) day period and diligently completes the cure of the default
within a reasonable time.
2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION/AWARD SEPARATE CONTRACT
2.4(a). Owner reserves the right to perform construction or operations related to the Work
with the Owner's own workers, and to award separate contracts in connection with other
portions of the Work.
2.4(b). Owner shall require Contractor to coordinate and cooperate with any workers or
contractors employed by the Owner.
2.4(c). Costs incurred by delays or by improperly timed activities or defective construction
shall be borne by the party responsible therefore.
2.5(d). If a defect occurs in the Work and if Contractor does not cure the defect timely
according to the terms of the Contract Documents, Owner may enter into a separate contract
with a third party to cure any such defect. Contractor then shall reimburse Owner for the cost
2 Revised 04-21-06
of contracting with the third party and the cost to cure the defect within five (5) days of written
notice by Owner or Owner's Representative.
Article 3
RESONSIBILITIES OF THE CONTRACTOR
3.1 EXECUTION OF THE CONTRACT
Execution of the Contract by Contractor is a representation that Contractor has visited the
Property, become familiar with all conditions, including surface and subsurface conditions,
under which the Work is to be performed, and accepts these existing conditions and all other
requirements of the Contract Documents and agrees to perform the Work at the Contract Price
and complete the Work by the Completion Date.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE CONTRACTOR
Contractor agrees to 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 surface and subsurface field conditions; (2) compare
this and other information known to Contractor with the Contract Documents; and (3)
promptly report errors, inconsistencies or omissions discovered as a result of Contractor's
study and comparison to Owner's Representative.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3(a). Contractor shall supervise and direct the Work, using Contractor's best skill and
attention. 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.
Contractor agrees that Contractor is an independent contractor under this Contract and not as
an officer, servant, or employee of Owner or Owner's Representative.
3.3(b). Contractor, as soon as practicable after the Commencement Date of the Contract, shall
furnish in writing to the Owner through the Owner's Representative the names of all
subcontractors or suppliers for each portion of the Work. Such list shall be promptly
supplemented from time to time if additional subcontractors and suppliers are added. Owner's
Representative will promptly notify Contractor in writing if Owner or Owner's Architect, after
due investigation, objects to the subcontractors or suppliers listed.
3.3(c). Contractor will comply with Minority/Woman Business Enterprise (NUATBE)
requirements with a minimum goal of 40% of the dollar amount of the Contract Price for
MWBE participation.
3.4 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for
labor, materials, equipment, tools, utilities, transportation, and other facilities and services
necessary for proper execution and completion of the Work. Contractor shall deliver, handle,
store, and install all fixtures and materials in conformance with manufacturer's instructions.
3 Revised 04-21-06
3.5 WARRANTY
Contractor warrants to the Owner and Owner's Representative that: (1) all materials and
equipment furnished under the Contract are new, unused 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 of performance required or permitted; (3) the Work will conform to the
requirements of the Contract Documents; and, (4) Contractor shall provide a ten year Home
Buyers Warranty. The effective date of the Home Buyer's Warranty shall be the date of
closing of the sale of the Property to a home buyer
3.6 TAXES
The Contractor shall pay all required payroll, federal and state unemployment, sales,
consumer, use and similar taxes.
3.7 INSURANCE
During the term of this Contract and any extension thereof, Contractor shall maintain an
insurance policy or policies 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 per 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 Work (against fire,
hail,theft, etc. of materials and incomplete construction).
3.7 (e) The City of Fort Worth shall be endorsed as an additional insured on all insurance
policies.
3.8 PERMITS, FEES AND NOTICES
3.8(a). Contractor shall obtain and pay for the building permit and other permits and
government fees, licenses and inspections necessary for proper execution and completion of
the Work.
3.8(b). Contractor shall comply with all requirements of local, state and federal agencies
having jurisdiction over the Work. If Contractor performs any portion of the Work knowing it
to be contrary to any laws, statutes, ordinances, building codes, or applicable rules and
regulations, Contractor shall assume full responsibility for such Work and shall bear all costs
necessarily incurred in bringing the Work into compliance. Contractor shall promptly notify
the Architect/Owner's Representative in writing of any inconsistencies between the Contract
Documents and any such laws, statutes, ordinances, building codes or applicable rules and
regulations.
3.9 USE OF SITE
The Contractor shall confine operations on the Property to such areas permitted by Owner, the
Contract Documents, and all applicable laws, statutes, ordinances, building codes, permits,
and rules and regulations.
4 Revised 04-21-06
3.10 SUBMITTALS
Contractor shall promptly review, approve in writing and submit to the Owner's
Representative shop drawings, product data, samples, and any other 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 Property and surrounding area free from accumulation of debris
and trash related to the Work.
3.13 INDEMNIFICATION
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner and Owner's Representative, their 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, directly or indirectly, the work
and services to be performed hereunder by Contractor, its officers, agents, employees,
subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the
alleged negligence of the officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees of Owner and/or Owner's Representative; and
Contractor does hereby covenant and agree to assume all liability and responsibility of Owner,
and Owner's Representative, their 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, directly or indirectly, the work and services to be performed hereunder by
Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or
not caused, in whole or in part, by the alleged negligence of the officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees of Owner and/or Owner's
Representative. Contractor likewise covenants and agrees to, and does hereby, indemnify
and hold harmless Owner and Owner's Representative from and against any and all injuries,
damage, loss or destruction to property of Owner's Representative during the performance of
any of the terms and conditions of this Contract, whether arising out of or in connection
with or resulting from, in whole or in part, any and all alleged acts or omissions officers,
agents, servants, employees, contractors, subcontractors, licensees, invitees of Owner's
Representative.
5 Revised 04-21-06
Article 4
RESPONSIBILITIES OF OWNER'S REPRESENTATIVE
4.1 Owner's Representative will visit the Property at intervals appropriate to the stage of
construction to become generally familiar with the progress and quality of the Work. All such
inspections shall be at the discretion of Owner's Representative, but at a minimum, Owner's
Representative will perform the inspections listed on Addendum #1.
4.2 Owner's Representative does not have control over nor is in charge of or responsible for
construction means, methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are solely Contractor's responsibility.
Owner's Representative will not be responsible for the Contractor's failure to carry out the
Work in accordance with the Contract Documents.
4.3 Owner's Representative shall have the authority to reject Work that does not conform to
the Contract Documents.
4.4 Owner's Representative's duties, responsibilities and limits of authority as described in
the Contract Documents will not be changed without Owner's written consent.
4.5 Based on Owner's Representative's observations and evaluations of Contractor's
Application for Payment, Owner's Representative will review and execute a Certificate of
Payment for the amounts due Contractor.
4.6 Owner's Representative will promptly review and approve or take appropriate actions
upon Contractor's submittals such as shop drawings, product data and samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents.
4.7 Owner's Representative will promptly interpret and decide matters concerning
performance under any requirements of the Contract Documents on written request of either
Owner or Contractor.
4.8 Owner's Representative can require additional testing if necessary via minor Change
Order as provided in Section 6.2.
4.9 Interpretations and decisions of Owner's Representative will be consistent with the intent
of and reasonably inferable from the Contract Documents and will be in writing or in the form
of drawings. When making such interpretations and decisions, the Owner's Representative
will endeavor to secure adequate and reasonable performance by both Owner and Contractor,
will not show partiality to either and will not be liable for results of interpretations or
decisions rendered in good faith.
6 Revised 04-21-06
Article 5
TESTING AND INSPECTIONS
5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction over the Work or the Property shall be made at an appropriate time. If Owner's
Representative requires additional testing, Contractor shall perform them.
5.2 Owner shall pay for additional tests except for testing Work found to be defective for
which the Contractor shall pay.
Article 6
CHANGES IN THE WORK
6.1 After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. Owner, without invalidating the Contract,
may order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, and the Contract Price and Contract Time shall be
adjusted accordingly.
6.2 Owner's Representative will have the authority to order minor changes in the Work not
involving changes in the Contract Price or the Contract Time and not inconsistent with the
intent of the Contract Documents. Such minor changes shall be on a written inspection report
and shall be binding on Owner and Contractor. Contractor shall carry out such written orders
promptly.
6.3 If concealed or unknown physical conditions are encountered on the Property that differ
materially from those indicated in the Contract Documents or from those conditions ordinarily
found to exist, the Contract Price and Contract Time shall be subject to equitable adjustment.
Article 7
CORRECTION OF WORK
7.1 Contractor shall promptly correct Work rejected by Owner's Representative because of
failure to conform to the requirements of the Contract Documents. Such failure constitutes a
default and is subject to the provisions in Section 2.3. Contractor shall bear the cost of
correcting such rejected Work.
7.2 In addition to Contractor's other obligations including warranties under the Contract, the
Contractor shall, for a period of one year after substantial completion of the Work, correct any
portion of the Work not conforming to the requirements of the Contract Documents.
7.3 If the Contractor fails to cure any default in accordance with Section 2.3, Owner may cure
it and the Contractor shall reimburse the Owner for the cost of correction.
7 Revised 04-21-06
Article 8
TIME
8.1 Time is of the essence to this Contract. Contractor shall begin Work as soon as
instructed by Owner and shall prosecute the Work promptly, efficiently and in a manner that
will not cause delay in the progress of any other work performed on the Property by any other
contractors or workers.
8.2 If the Work is delayed at any time by Change Orders, labor disputes, fire, unusual delay in
deliveries, unavoidable casualties or other causes beyond the Contractor's control, the
Contract Time shall be extended by Change Order for such reasonable time as the Owner's
Representative may determine.
Article 9
PAYMENTS AND COMPLETION
9.1 CONTRACT PRICE
The Contract Price stated in the Contract, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents. Retainage of ten percent (10%) of the Contract Price will be withheld
until 30 (thirty) days after completion and acceptance of all Work. .
9.2 APPLICATIONS FOR PAYMENT
9.2(a). At least ten (5) days before the date established for each Progress Payment, Contractor
shall submit to Owner's Representative an itemized "Application for Payment" for operations
completed in accordance with the requirements stated in the Contract. Each Application for
Payment shall be supported by data substantiating the Contractor's right to payment as the
Owner or Owner's Representative may reasonably require and reflecting retainage if provided
for elsewhere in the Contract Documents.
9.2(b). Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. Contractor further warrants that upon
submittal of an Application for Payment, all Work for which Certificates for Payment have
been previously issued and payments received from the Owner shall, to the best of the
Contractor's knowledge, information and belief, be free and clear of liens, claims, security
interests or other encumbrances adverse to the Owner's interests.
9.2(c). Owner's Representative will, within seven (5) days after receipt of Contractor's
Application for Payment, either issue to the Owner a Request for Payment, with a copy to the
Contractor, for such amount as the Owner's Representative determines is properly due, or
notify the Contractor and Owner in writing of the Owner's Representative's reasons for
recommending to Owner that payment be withheld..
8 Revised 04-21-06
9.3 PROGRESS PAYMENTS
9.3(a). After Owner's Representative has issued a Request for Payment, Owner shall make a
Progress Payment to Contractor based on a Percentage of Completion schedule provided to the
Owner by the Contractor, which shall be based on Addendum #1. No partial payments shall
be made to Contractor.
9.3(b). Upon receipt of payment from Owner, Contractor shall promptly pay each
subcontractor and material supplier, based on the Work completed. Contractor shall furnish
lien waivers and/or bills paid affidavits from subcontractors and suppliers as required by
Owner and Owner reserves the right to delay payment to Contractor until such lien waivers
and/or bills paid affidavits are received.
9.3(c). Neither Owner nor Owner's Representative shall have any responsibility for the
payment directly to subcontractors or material suppliers.
9.3(d). No Request for Payment, Progress Payment, or partial or entire use or occupancy of
the Property by Owner shall constitute acceptance of Work performed if Work is not in
accordance with the requirements of the Contract Documents.
9.3(e). Progress Payments shall be made after Owner's Representative performs the five (5)
Required Inspections described in Addendum #1. Contractor shall give a five (5) day written
notice to Owner's Representative to Schedule the Required Inspections.
9.4 COMPLETION AND FINAL PAYMENT
9.4(a). Upon receipt of a final Application for Payment with all required documents, Owner's
Representative will perform a final inspection of the Work. When Owner's Representative
finds the Work acceptable and the Contract fully performed, Owner's Representative will
promptly issue to Owner a final Request for Payment.
9.4(b). Final payment shall not become due until the Contractor submits to Owner's
Representative all necessary releases, lien waivers, bills paid affidavits, and any other data
required, in Owner's Representative's sole discretion, to evidence satisfaction of all
obligations, such as receipts, claims, security interests or encumbrances arising out of the
Contract and any other documents, certificates, surveys or warranties required by the Contract
Documents.
9.4(c). Acceptance of final payment by the Contractor, a subcontractor or a material supplier
shall constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.
9 RevIe3A4 '- -001',�
t
Article 10
SAFETY PRECAUTIONS AND PROGRAMS
10.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs, including all those required by law or regulation in connection with
performance of the Contract. Contractor shall promptly remedy any loss or damage to the
Work or the Property caused in whole or in part by the Contractor, a subcontractor, supplier or
anyone directly or indirectly employed by them or anyone for whose acts they may be liable.
Article 11
TERMINATION OF THE CONTRACT
11.1 TERMINATION BY THE CONTRACTOR
If Owner fails to make payment when due or breaches any other term of this Contract,
Contractor may terminate the Contract upon ten (10) days written notice to Owner, and
recover from Owner payment for Work satisfactorily performed.
11.2 TERMINATION BY THE OWNER
11.2(a). Owner or Owner's Representative, upon written consent from Owner, may terminate
the Contract if Contractor:
1. consistently, or repeatedly refuses or fails to supply enough properly skilled
workers or proper materials to diligently perform its obligations under this
Contract;
2. fails to make payments to subcontractors or suppliers for materials furnished or
labor performed in accordance with the respective agreements between
Contractor and any subcontractors or suppliers;
3. violates federal , state or local laws, ordinances, rules, regulations or orders of a
public authority having jurisdiction; or
4. is otherwise in breach of a provision of the Contract Document
11.2(b). When any of the above reasons exist, Owner, after consultation with the Owner's
Representative, may without prejudice to any other rights or remedies of Owner and after
giving Contractor and Contractor's surety, if any, written notice, terminate the employment of
the Contractor and may:
1. take possession of the Property and of all materials located thereon owned by the
Contractor;
2. finish the Work by whatever reasonable means or method the Owner may deem
expedient.
11.2(c ). When Owner or Owner's Representative terminates the Contract for one of the
reasons listed in 11.2(a), Contractor shall not be entitled to receive further payment until all
the Work is completed and accepted.
11.2(d). If the unpaid balance of the Contract Price exceeds costs to satisfactorily finish the
Work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance,
10 Revised 04-21-06
Contractor shall pay the difference to Owner. This obligation for payment shall survive
termination of the Contract.
Article 12
ASSIGNS
12.1 This Contract may not be assigned by either party.
Article 13
PERFORMANCE, GOVERNING LAW,VENUE AND JURISDICTION
13.1 The obligations under the terms of this Contract are performable in Tarrant County,
Texas. this Contract shall be construed in accordance with the laws of the State of Texas.
Venue for any action brought on the basis of this Contract shall lie exclusively in state courts
located in Tarrant County, Texas. In any such action, the prevailing party shall recover from
the other party all reasonable attorney's fees, court costs and reasonable expenses incurred as a
result of such action.
Article 14
SEVERABILITY
14.1 If any provisions of this Contract is held by a court of competent jurisdiction to be
invalid, unenforceable or illegal in any respect, the validity, enforceability and legality of the
remaining provisions of the Contract shall not in any way be affected or impaired.
Executed in multiple originals this day of 2004.
OWNER
By:
Its:
CONTRACTOR:
By:
Its:
OWNER'S REPRESENTATIVE
CITY OF FORT WORTH HOUSING DEPARTMENT
By:
Title Housing Director
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
[sed&�-"
1 �l
11 Rev
iJ;� a'C".
ADDENDUM #1
A minimum of five(5) inspections is required:
(1) FIRST REQUIRED INSPECTION
Foundation- No concrete shall be placed without the steel, poly, plumbing and beams
inspection. After the slab is poured, Contractor will receive the first draw in the amount of
18%of the Contract Price.
(2) SECOND REQUIRED INSPECTION
Framing- After the house has been framed, decked, cornice installed, window installation,
roofing and siding is completed, Contractor will receive the second draw in the amount of
18% of the Contract Price.
(3)THIRD REQUIRED INSPECTION
After the electrical rough in, plumbing top-out, HVAC rough in and the wall insulation are
completed (prior to installation of drywall), Contractor will receive the third draw in the
amount of 18% of the Contract Price.
(4) FOURTH REQUIRED INSPECTION
After the installation of the drywall, tape/ bed/ texture, trim-out, interior and exterior paint,
floor coverings, cabinets and counter tops and the plumbing trim out and brick are completed,
Contractor will receive the fourth draw in the amount of 18% of the Contract Price.
(5) FIFTH REQUIRED INSPECTION
Final inspection- after installation of appliances , completion of the punch list, , delivery of all
warranties, waivers, as-built survey, bills paid affidavits and receipt of final approval for
occupancy by any governmental authority and after all finish work, the drive and approach,
grading, electrical, HVAC and attic insulation have been completed and the Building card has
been signed off as being complete. Contractor will receive the fifth draw in the amount of
18% of the Contract Price.
RETAINAGE
The 10% retainage will be released 30 (thirty) days after completion and acceptance of the
house by the Owner or Owner's Representative.
12 Revised 04-21-06
ADDENDUM #2
PROPERTY: Fort Worth,Texas,
The following items are to be included in the Contract:
Plot plan and Survey
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer lines from tap to house
Cost includes termite soil treatment& certificate
2-10 Home Buyers Warranty
Compliance with current Model Energy Code
18 Foot Cubic Refrigerator w/icemaker
Two ceiling fans
4"of Top Soil
ADDENDUM#3
ORDINANCE NO. 14171
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 HOUSING CONSTRUCTION
PROGRAMS" REQUIRING CERTAIN BUILDING STANDARDS
IN CITY ASSISTED HOUSING PROGRAMS TO PROVIDE
BASIC ACCESS TO PERSONS WITH DISABLITIES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, person with disabilities and their immediate families are often
isolated in their own homes because the homes 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.
13 Revised 04-21-06
WHEREAS, the City of Fort Worth is committed to provide accessibility to persons
with disabilities through its housing programs.
NOW, THEREFORE, BE IT ORDAINED 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 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
dwelling, duplexes, and triplexes ("Applicable Dwelling Units"), with city assistance. For
purpose of this ordinance, "city assistance" shall mean funds for the construction of
Applicable Dwelling Units in and city-funded 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 Entrance
Applicable Dwelling Units must provide 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 Worth building official ("City building Official")
upon review of the written 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 wheelchairs. Except those serving 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
14 Revised 04-21-06
with requirements on Maneuvering Clearance at Doors in the Accessibility Standard shall not
be mandatory.
Requirement 3. Accessible routes into and through the Applicable Dwelling Unit.
An Applicable Dwelling Unit must provide as accessible route through the hallways and
passageways of the first floor of the unit. Further,the accessible route must provide a
minimum of width of 36", except through doors, and be level with ramped or beveled
changes at door thresholds.
Requirement 4. Wall reinforcement in bathroom.
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 wall.
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 requirement 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 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 Official 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
requirement for exterior accessibility in this ordinance. Within 10 calendar days from the
receipt of a completed Request, the City Building Official 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.
15 Revised 04-21-06
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 phrases, clause,
sentences, 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 from and after the date of its
passage, and it is so ordained.
16 Revised 04-21-06
CITY OF FORT'WORTH ATTACHMENT I
HOUSING DEPARTMENT
SUBGRANTEE'S REQUEST FOR FUNDS
Agency
Program Name:
Contract Number: Report Period:
Date of Request:
CASH BALANCE ANALYSIS FOR
1. Beginning 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 (3-4) $ $
6. Estimated Expenditures $
7. Funds Needed(6-5) $
S. Less Estimated Program Income $
9. Unpaid Request for Payment Previously Submitted $
10.Amount of This Request(7-8 &9) $
1110,16 '10111M
jo
I. MARS-Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/Account/Center
C. Total Amount of this Request
1. Verification
A. Model Blocks Planner:
B. Contract Manager:
C. Accounting:
(Name ,
2. Authorization
A. Agency:
( ame)
B. Mgmt&Budget
Administrator
Housing Director
IF OVER 58,500.00
717-1
(
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CITY OF FORT WORTH ATTACHMENT lI
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
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
Postage 521020
Teaching Aids 522030
Food Supplies 522030
Other Operating Supplies 523300
CONTRACTUAL SERVICES
Telephone 535040
Electric 535020
Gas(Utility) 535010
Water/Waste Disposal 535030
Rent(Building) 537010
Custodial Services 539220
Office Equipment Rental 537030
Printing 533030
Repairs 53600
Fidelity Bond 538210
Liability Insurance 534020
Legal&Accounting 538060
Private Auto Allowance-Local 532130
Advertising 533010
Conferences&Seminars 531180
Contractual Services 539120
Indirect Cost 517010
CAPITAL OUTLAY
Furniture,Fixtures .541330
Office Equipment 541370
Property Insurance
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.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE �_
CITY OF FORT WORTH ATTACHMENT III
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
EXPENDITURES WORKSHEET
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
CHECK
NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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.
gAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
ATTACHMENT IV
MONTHLY NARRATIVE REPORT
MONTH REPORTING
FROM: TO:
I. ACCOMPLISHMENTS
II . ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH:
IIz. - PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED:
IV. ANTICIPATED ACTIVITIES DURING NEXT -MONTH:
ATTACHMENT IV(a)
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CITY OF FORT WORTH
Housing Department
SUBGRANTEE'S PROGRAM INCOME REPORT
Project Name:
CASH BALANCE ANALYSIS FOR: Current Month Cumulative
BEGINNING CASH BALANCE
Plus: Program Income
Funds Received From City
Interest Earned
Total Receipts - -
Total Available - -
Less: Property Acquisition
Taxes
Contractor Draw Requests
Closing Costss
Fencing
Appliances
Utilities
Salary Expenses
Lawn Maintenance
Insurance
Tools/Supplies
Appraisals
Total Disbursements - -
ENDING CASH BALANCE - -
Funds Requested This Report
Funds Returned to City
Executive Director Date
Planning Manager Date
r Contract,Compliance Specialist Date
Accountant Date
Phyllis C.Johnson—Sr.Administrative Services Manager Date
Jerome C.Walker—Housing Director(f over$8,500) Date
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/21/2006
DATE: Tuesday, March 21, 2006
LOG NAME: 05URRC6SFDEV REFERENCE NO.: C-21357
SUBJECT:
Authorize Allocation of $287,000 in HOME Investment Partnerships Grant Funds and Authorize
Execution of a Contract with United Riverside Rebuilding Corporation for New Construction of Six
Single Family Homes
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize allocation of $287,000 in HOME grant funding for the United Riverside Rebuilding
Corporation (URRC), a certified Community Housing Development Organization (CHDO), for new
construction of six infill single family homes and down payment assistance to eligible buyers of the homes;
2. Authorize the City Manager or his designee to execute a contract with URRC for the above project,
with a two-year performance period beginning on the date of the execution of the contract;
3. Authorize the City Manager or his designee to extend or renew the contract for up to one year if URRC
requests an extension and such extension is necessary for completion of the project; and
4. Authorize the City Manager or his designee to amend the contract, if necessary to achieve project
goals, provided that the amendment is within the scope of the project and in compliance with all applicable
laws and regulations governing use of federal grant funds.
DISCUSSION:
Regulations governing the HOME Investment Partnership Grant program require that local jurisdictions
provide a minimum of 15% of their annual grant awards to eligible Community Housing Development
Organizations. URRC is a certified Community Housing Development Organization (CHDO) with the City
of Fort Worth that has previously constructed and sold 13 single family infill homes for moderate-income
families in the Riverside neighborhood.
URRC has requested funds to construct three new single-family homes, and to purchase three lots on
which additional homes will be built. Total development cost for the project will be $265,000 for the first
three homes, and an estimated $520,000 for all six homes. An additional $22,000 in HOME funds will be
included in the contract and reserved for down payment assistance for income-eligible homebuyers of the
newly constructed homes. URRC will use the sales proceeds from the sale of the initial three homes to buy
land and construct the three additional homes. Funds will be provided in the form of a grant, with the CHDO
retaining use of all sales proceeds for further affordable housing activities after all six homes have been
built and sold. The funded amount includes $9,000 for minimal developer fees on the first three homes, to
be paid upon sale.
Addresses proposed for the first phase of the project (the first three homes) are 3021 East Fourth Street,
2517 Lawnwood and 2700 La Salle. The additional lots have yet to be identified. The homes will be 3-
bedroom, 2-bath, larger than 1200 square feet in area, with brick fagade, two-car garages and an estimated
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/4/2006
Page 2 of 2
average appraised value of$110,000. At least one of the homes will be two-story. All homes must be sold
to households with incomes under 80% of area median, which is presently $50,150 for a family of four.
The proposed project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be available in
the current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fun d/Account/C enters
GR76 539120 005206930XXO $265,000.00 GR76 539120 005206930030 $265,000.00
GR76 539120 005206006XXO $22,000.00 GR76 539120 005206006030 $22,000.00
Submitted for City Manager's Office b Dale Fisseler (6140)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact: Barbara Asbury (7331)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/4/2006