HomeMy WebLinkAboutContract 31774 CITY SECRETARY
CONTRACT NO. 1 T
STATE OF TEXAS §
§ s
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 Sininian Development
Inc. ("SDP'), whose address is 1300 East Allen Ave., Fort Worth, Texas 76104, acting by and
through Bishop B.C. McPherson H, its duly authorized Executive Director. (Sometimes City and
SDI 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 H 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 and very-low income citizens by providing them
with affordable housing;
WHEREAS, SDI, a community housing development corporation managed by a
volunteer Board of Directors, is working to increase the number of decent, affordable housing
units available to low and moderate income persons;
WHEREAS, SDI previously received FIFTY THOUSAND AND NO/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 of Fort Worth have determined that the
development of safe, decent, and affordable housing is needed for moderate, low, and very low-
income citizens of Fort Worth;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1. GENERAL PROVISIONS
A. Purpose
The express purpose of this Contract is to provide SDI with HOM "HUNAIP
CITY SECIE��'�-'1'
R,oHOME CHDO PROGRAM CONTRACT j ���
Sininian, Development Inc. Rev. _ITS
Funds") not to exceed ONE HUNDRED SIXTY-SIX THOUSAND FIVE HUNDRED
SEVENTY FOUR AND NO/100 Dollars ($166,574.00) for the construction of infill housing in
the Hillside-Morningside Neighborhood (the "Program"). The development by SDI of four (4)
homes for sale to eligible low-income homebuyers will be in two phases, with an option to build
the last two homes once the first two homes have been sold, all in accordance with the attached
Exhibit"A"—Program Summary.
The HOME Funds must be used for eligible costs allowed under the HOME Regulations
including development hard costs, refinancing costs if applicable, acquisition costs and related
soft and predevelopment costs as more specifically described in 24 CFR Part 92.206.
SDI may claim a developer's fee of THREE THOUSAND AND NO/100 DOLLARS
($3,000.00) upon the sale of each home. SDI may use these funds at its discretion. SDI may also
retain any additional sales proceeds that exceed the development costs for that home. Such sales
proceeds must be used for affordable housing purposes. No developer's fee will be paid for
projects where the development costs exceed the sales price by more than ten percent (10%). If
SDI maintains the Performance Standards established by the City for retention of CHDO
proceeds during the term of this Contract and any extensions, it may retain the remaining
proceeds from the sale of the last two houses as CHDO proceeds. For the purposes of this
Contract, meeting the Performance Standards shall mean the construction and sale of a total of
four homes in accordance with the attached Exhibit"A"—Program Summary.
SDI will be acting as a community housing development corporation ("CHDO") under
this Contract to build and sell the homes to eligible homebuyers.
The City shall act through its agent, the City Manager, or his or her duly authorized
representative, unless otherwise stated in this Contract. SDI agrees to comply with the HOME
Regulations including but not limited to the Uniform Administrative Requirements, 24 CFR Part
92.505, and Subpart F, the Project Requirements, 24 CFR Part 92.250 et seq.
B. Duration
This term of this Contract begins on the date of execution and terminates eighteen (18)
months thereafter. This Contract may be extended for an additional six (6) month term. SDI
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 SDI'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 the 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 Eligibility 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
HOME CHDO PROGRAM CONTRACT Pac e 2 �e ' .`<r?( � Sys.
Sininian, Development Inc. Re 3-14-05
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. SDI shall use
the most current HUD Income Guidelines to determine a homebuyer's Program eligibility.
SDI shall insure that the homebuyer will use the home purchased under this Program as
his or her principle residence during the period of affordability.
D. Housing Standards
SDI is required to meet the City's minimum acceptable housing standards and all other
applicable standards under City Codes and ordinances for all homes built with HOME Funds.
E. Other Requirements
The sales price of each home 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 sales price of each home shall not exceed the appraised value of such home 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 actual principal, interest,
property taxes, and insurance paid for the purchase of a home 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 monthly adjusted income paid for the purchase of a
home shall not exceed thirty-two percent (32%).
F. Independent Contractor
SDI shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. SDI 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 SDI, 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 SDI. It is
expressly understood and agreed that no officer, member, agent, employee, subcontractor,
licensee or invitee of SDI, 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 SDI, its
officers, members, agents, employees, subcontractors, Program participants, licensees or invitees.
City shall in no way nor under any circumstances be responsible for any property
HOME CHDO PROGRAM CONTRACT Page 3
Sininian, Development Inc. Rev. 3-14-05
belonging to SDI, its officers, members, agents, employees, subcontractors, Program participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and SDI
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 SDI'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, SDI 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.
SDI shall begin construction work within twelve (12) months from the date this Contract
is executed pursuant to City's CHDO Program and funding requirements. Failure to begin
construction work within twelve (12) months shall be grounds for termination of this Contract.
City shall notify SDI in writing of any breach of this Contract, and specify a reasonable
time within which to cure the particular breach. If SDI fails to cure the breach within the time
stated in the notice, this Contract shall automatically terminate at the expiration of the stated time
allowed for cure.
SDI 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
responsibility or liability for SDI'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 subcontractors of SDI which are in
any way paid with HOME Funds or who perform any work in connection with SDI'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 pro
HOME CHDO PROGRAM CONTRACT P ge
Sininian, Development Inc. R
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. The City will monitor the
use of such funds to ensure appropriate use. Funds shall be disbursed after execution of this
Contract and compliance with the provisions herein. Disbursements of HOME Funds for
Program delivery costs will not be made until actually needed for payment. Payment will require
completion of Attachment I — "Request for Funds" and a copy of all relevant supporting
documents including but not limited to a copy of the executed construction contract between SDI
and the builder attached as Exhibit"E"—"Contract for Construction".
SDI may request an advance for reimbursement of previously incurred acquisition,
predevelopment and related soft costs as described in the attached Exhibit B-"Program
Budget".
B. Amount of Funds
It is agreed that the total distribution of HOME Funds made available to be paid on behalf
of SDI during the term of this Contract shall not exceed the total sum of ONE HUNDRED
SIXTY-SIX THOUSAND FIVE HUNDRED SEVENTY FOUR AND NO/100 DOLLARS
($166,574.00).
SDI shall be paid on an advance of funds basis for reimbursement of previously incurred
acquisition, predevelopment and related soft costs pertaining to the properties to be developed for
the purpose of the Program. Prior to the release of funds for construction work draws, work
items must pass inspection by City's Housing Department inspectors evidenced by a completed
inspection form attached as Exhibit"F"—"Request for Inspection".
3. DUTIES AND RESPONSIBILITIES OF SDI
HOME CHDO PROGRAM CONTRACT Page 5
Sininian, Development Inc. Rev. 3-14-05
A. Statement of Work, Budget and Time Line for Goals and Expenditures
SDI will utilize HOME Funds to provide affordable housing opportunities to persons
who are moderate, low, and very low-income citizens by building infill housing in the Hillside-
Morningside Neighborhood. SDI will ensure that homebuyers will complete a homeownership
training program prior to the completion of their purchase of a home constructed under the
Program. SDI shall also assist homebuyers in obtaining closing cost and/or down payment
assistance under the City's Homebuyer's Assistance Program in a minimum amount of at least
ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) to ensure affordability as more
particularly described herein.
B. Budget
SDI agrees that the HOME Funds will be expended in accordance with Exhibit B -
"Program Budget". Any change exceeding ten percent (10%) of the total cost per housing unit
shown in Exhibit B - "Program Budget" shall be made only with City's prior written approval.
Under no circumstances shall the total amount of Program funds expended by SDI from HOME
Funds paid by the City exceed ONE HUNDRED SIXTY-SIX THOUSAND FIVE HUNDRED
SEVENTY FOUR AND NO/100 DOLLARS ($166,574.00).
The HOME Funds may be spent only to pay construction related costs and expenses,
including soft costs and related costs. Construction costs will be payable in accordance with a
draw schedule based on the extent of completion of each home as approved by City Housing
Department inspectors.
SDI agrees to keep any excess sales proceeds as described above and any HOME Funds
that have been advanced but not yet expended on hand in interest bearing accounts. All interest
earned shall be reported to the City on a monthly basis, at the same time as submission of the
monthly report following the end of the Contract month during which the interest was earned.
Interest earned in an amount of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) or less per
month may be used for authorized Program expenses. These amounts must be reported on the
monthly financial statements filed pursuant to this Contract. Interest earned in excess of
TWENTY-FIVE AND NO/100 DOLLARS ($25.00) per month is subject to remittance to the
City as directed by City.
SDI 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
SDI will work 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
if
HOME CHDO PROGRAM CONTRACT Lagl'::' 1: fiI
Sininian, Development Inc. MVIV. - -
SDI may retain the proceeds from the sale of the first two homes to be used by SDI to
build two more homes in the Hillside-Morningside Neighborhood for sale to eligible low-income
homebuyers. If SDI does not build the additional two homes for any reason, the sale proceeds
shall be returned to the City to be deposited in the City's HOME Investment Trust Fund local
account or the unsold home/s shall be conveyed to City to be sold by City to income-eligible
residents.
To secure the City's interest in the Program in the event that SDI is unable for any
reason to fully complete the Program, SDI agrees to execute appropriate security instruments
including without limitation, notes, deeds of trust, security agreements, pledges or other similar
security instruments. City agrees to do partial releases of such security instruments as may be
necessary to allow SDI to complete construction of the second two homes.
In the event SDI 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 homes 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 SDI 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
SDI 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 race, creed, nationality, religion or familial status
are given an equal opportunity to participate in the Program. SDI will be solely responsible for
the effective marketing responsibilities necessary to achieve the SDI's production goals.
F. Recapture Provisions/Period of Affordability
SDI understands that there are recapture requirements applicable on homes purchased in
whole or in part with HOME Funds to ensure affordability as well as a requirement that the home
must remain the homebuyer's principal residence during the applicable affordability period. The
recapture provisions will remain in effect on homes purchased in whole or in part with HOME
Funds for the specified affordability periods. If the homebuyer retains ownership of the property
and continues to occupy it as homebuyer's principal residence for the full period of affordability,
no recapture restrictions will apply. Any sale of the home by the 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).
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 CHDO PROGRAM CONTRACT Page 7
Sininian, Development Inc. Rev. 3-14-05
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 secure recapture of the HOME Funds, homebuyers will be required to execute a
Note and Deed of Trust payable to the City in the amount of assistance provided. This Note and
Deed of Trust, which shall be subordinate to any purchase money mortgage, shall be on forms
furnished by City.
To ensure that the affordability requirements are met, each homebuyer purchasing a home
assisted with HOME Funds under this Contract will be provided a minimum amount of ONE
THOUSAND AND NO/100 DOLLARS ($1,000.00) in the form of closing cost and/or
downpayment assistance. City will administer the HOME Funds used to provide this direct
assistance for closing cost and/or downpayment assistance. SDI may request City to reserve
closing cost and down payment assistance in an amount greater than ONE THOUSAND AND
NO/100 DOLLARS ($1,000.00) for each home, but such assistance shall not exceed
FOURTEEN THOUSAND NINE HUNDRED NINETY-NINE AND NO/100 DOLLARS
($14,999.00) per home and shall be subject all requirements of City's Homeownership
Assistance Program.
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.
G. Record Retention and Reports
SDI agrees to cooperate fully with City in the development, implementation, and
maintenance of record-keeping systems and to provide City with any data determined by City to
be necessary for the effective fulfillment of City's monitoring and evaluation responsibilities.
Specifically SDI 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
mandated by the Regulations terminates.
SDI 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/Aftican 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
C7 13
HOME CHDO PROGRAM CONTRACT POW
r ~' `
Sininian, Development Inc. R A
any amendments thereto:
SDI will keep on file the following information and documentation on each individual
proj ect:
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 homes;
k. Compliance with lead based paint requirements; and
1. Compliance with conflict of interest rules.
SDI will keep on file copies of the following loan documentation for each individual
loan:
m. Sales Contract between seller and buyer;
n. Appraisal;
o. Environmental review;
p. Housing Quality Standard Inspection Checklist
q. Closing Settlement Statement(HUD-1);
r. Warranty Deed;
s. First Lien Promissory Note;
t. First Lien Deed of Trust
u. Subordinate Promissory Note;
v. Subordinate Deed of Trust;
w. Mortgagee's Title Policy;
x. Homeowner's Insurance Policy;
y. Survey;
z. Termite inspection(if applicable);
aa. Lead Based Paint Disclosure (if any); and
bb. 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), SDI 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", and Attachment III -
"Expenditures Worksheet".
HOME CHDO PROGRAM CONTRACT Page 9
Sininian, Development Inc. Rev. 3-14-05
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 SDI.
H. Cost Principles
SDI 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 SDI's
fiscal year during which this Contract is in force or cover the period of this Contract. The audit
must be prepared by an independent certified public accountant, be completed within twelve (12)
months following the end of the period being audited and be submitted to City within thirty(30)
days of its completion. SDI'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 (SDI'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 SDI'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 SDI'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 SDI 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 SDI 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 SDI.
If as a result of any audit it is determined that SDI has misused, misapplied or
misappropriated all or any part of the HOME Funds, SDI 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
HOME CHDO PROGRAM CONTRACT Page 10
Sininian, Development Inc. Rev. 3-14-05
The City will monitor the activities and performance of SDI and its contractors not less
than annually as required by the HOME Regulations, 24 CFR Part 92.504.
SDI agrees to fully cooperate with City in monitoring the effectiveness of the services and
work to be performed by SDI 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 SDI, its officers, directors, agents, employees, and subcontractors for
the purpose of such monitoring.
SDI agrees to likewise monitor the effectiveness of the services and work to be performed
by its subcontractors.
J. Compliance with All Applicable Laws and Regulations
SDI agrees to comply with the following laws and the regulations as they are currently
written or are hereafter amended during performance of this Contract:
(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 r rtions
11
sib !1.
HOME CHDO PROGRAM CONTRACT ge1�J `��' 1iV'fl'� �� 7.
Sininian, Development Inc.
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
1701 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. 170lu
(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
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
HOME CHDO PROGRAM CONTRACT Page 12
Sininian, Development Inc. Rev. 3-14-05
(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 SDI 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
SDI, and their respective successors, assigns and subcontractors. Failure to fulfill these
requirements shall subject SDI 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.
(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.
SDI 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.
SDI 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.
SDI 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. SDI or subcontractors 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.
HOME CHDO PROGRAM CONTRACT Page 13
Sininian, Development Inc. Rev. 3-14-05
City's Housing Department will conduct a final inspection of the work performed.
(4) Other Laws
SDI covenants and agrees that its officers, members, agents, employees, Program
participants and subcontractors shall abide by and comply with all other laws, (Federal, state and
local) relevant to the performance of this Contract, including all City ordinances, rules and
regulations and the HOME Regulations. SDI 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 SDI to any such violations on the part of SDI or any of its officers, members, agents,
employees, Program participants or subcontractors, then SDI shall immediately desist from and
correct such violation.
(5) Prohibition Against Discrimination
SDI, 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 or familial status, nor will SDI permit its officers, members, agents, employees,
subcontractors or Program participants to engage in such discrimination.
During the performance of this Contract SDI agrees, and will require all its subcontractors
to agree, as follows:
SDI will not unlawfully discriminate against any employee or applicants for employment
because of race, color, religion, sex or national origin. SDI will take affirmative action to
ensure that applicants are employed and that employees are treated fairly during
employment without regard to their race, color, religion, sex or national origin. 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. SDI agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
SDI will, in all solicitations or advertisements for employees placed by or on behalf of
SDI, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
SDI covenants that neither it nor any of its officers, members, agents, employees,
program participants or subcontractors, while engaged in performing this Contract, shall,
in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age or because of any handicap, except on the basis of a
bona fide occupational qualification, retirement plan or statutory requirement.
HOME CHDO PROGRAM CONTRACT Page 14
Sininian, Development Inc. Rev.3-14-05
SDI further covenants that neither it nor its officers, members, agents, employees,
subcontractors, Program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this Contract, a maximum age
limit for such employment unless the specified maximum age limit is based upon a bona
fide occupational qualification, retirement plan or statutory requirement.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), SDI warrants that it and any of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public,
nor in the availability, terms and/or conditions of employment for applicants for
employment with, or employees of SDI or any of its subcontractors. SDI warrants it will
fully comply with ADA's provisions and any other applicable Federal, state and local
laws concerning disability and will defend, indemnify and hold City harmless against any
claims or allegations asserted by third parties or subcontractors against City arising out of
SDI's and/or its subcontractors' 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 SDI hereby covenants and agrees that SDI, its officers, members,,
agents, employees and subcontractors, have fully complied with all provisions of same
and that no employee, applicant or Program participant has been discriminated against by
the terms of such ordinances by either SDI or its officers, members, agents, employees or
subcontractors.
(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. SDI 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 SDI or its subcontractors 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 SDI of any land,
materials, supplies or services purchased with any funds transferred hereunder, except on behalf
of SDI, as an officer, employee, member or Program participant. Any willful violation of this
paragraph with the knowledge, expressed or implied, of SDI or its subcontractors shall render
this Contract voidable by the City.
HOME CHDO PROGRAM CONTRACT Page 15
Sininian, Development Inc. Rev.3-14-05
No officer, employee, agent, consultant, elected official or appointed official of the City,
SDI or its subcontractors who exercised any functions or responsibilities with respect to activities
assisted with HOME Funds or who are in a position to participate in a decision making process
or gain inside information with regard to these activities, may obtain a financial interest or
benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or
agreement with respect thereto, or the proceeds thereunder, either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter.
(7) Minority and Women Business Enterprise Commitment
SDI 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
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,
SDI 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
SDI shall not assign all or any part of its rights, privileges, or duties under this Contract
without the prior written approval of City. Any attempted assignment of same without approval
shall be void, and shall constitute a breach of this Contract. It is agreed that the City has the right
to inspect and approve in writing any proposed subcontracts between SDI and any subcontractor
engaged in any activity in conjunction with this HOME funded project prior to any charges being
incurred.
L. Indemnification and Release
SDI 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 SDI 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
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT �3'f�(y7 -.�]'�c`�-,;�'i���C
� 5
1.HOME CHDO PROGRAM CONTRACT P
Sininian, Development Inc. Rev. 3-14-05
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. SDI 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 SDI, ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM
PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH SDI AND CITY,
THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY
BY SDI 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.
SDI 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.
SDI 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 SDI, 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, SDI 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
SDI 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 SDI's
officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to
HOME CHDO PROGRAM CONTRACT Page 17
Sininian, Development Inc. Rev. 3-14-05
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 SDI.
SDI 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. SDI shall maintain the following coverages
and limits thereof:
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 SDI, the policy
shall be the primary responding insurance policy versus a personal auto insurance policy
if or when in the course of SDI'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. SDI or its
subcontractors shall maintain coverages. In the event the respective subcontractors do not
maintain coverage, SDI shall maintain the coverage on such subcontractor for each
applicable subcontract.
Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover SDI and any associated Board of Directors members.
Additional Requirements
Such insurance amounts shall be revised upward at City's option and that SDI shall revise
such amounts within thirty(30) days following notice to SDI of such requirements.
HOME CHDO PROGRAM CONTRACT Page 18
Sininian, Development Inc. Rev. 3-14-05
SDI 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.
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 SDI'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.
SDI shall require its subcontractors to maintain applicable insurance coverages, limits,
and other requirements as those specified herein; and, SDI shall require its subcontractors to
provide SDI with certificate(s) of insurance documenting such coverage. Also, SDI shall require
its subcontractors to have City and SDI endorsed as additional insureds (as their interest may
appear) on their respective insurance policies.
SDI shall require its subcontractors to maintain builders risk insurance at the limit
of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a
different limit value as specified by City.
O. Certification Regarding Lobb jnng
The undersigned representative of SDI hereby certifies, to the best of his or her
knowledge and belief, that:
HOME CHDO PROGRAM CONTRACT Page 19
Sininian, Development Inc. Rev. 3-14-05
No Federal appropriated funds have been paid or will be paid, by or on behalf of
SDI, to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, SDI 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.
SDI 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 subcontractors of SDI who are in any
way paid with HOME Funds or who perform any work in connection with SDI'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, SDI must meet conditions and limitations for use of HOME Funds
involving a primarily religious entity as set forth in the HOME Regulations.
SDI 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 SDI's certification as a CHDO
under the HOME Regulations. SDI agrees to document its continued compliance, including but
not limited to an annual board roster and certification of continued compliance.
SDI 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
HOME CHDO PROGRAM CONTRACT Pa 2 ���,�.c U pi D
Sininian, Development Inc. Re 3- '05 ��'
perform the responsibilities herein required.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
HOME CHDO PROGRAM CONTRACT Page 21
Sininian, Development Inc. Rev. 3-14-05
IN WITNESS WHEREOF, the Parties ereto have executld four copies of this Contract
in Fort Worth, Tarrant County, Texas, this day of , 2005.
ATTEST: CITY OF RT WO
En nez��kA By:
City Secretary Dale A. Fisseler
Assistant City Man ge
APP VED AS TO O
rM
AND LEGALITY:
Assistant City Attorney
. — SININIAN D , T, INC.
Contract huthjo'rriGz tion
Bi ho B.C.
p .C. cPherson II, cutive Director
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on DOS, 2005 by Dale
A. Fisseler, the Assistant City Manager, of the City of Fort Worth, on behalf the City of Fort
Worth.
KAIW WRHAM
e- 11 WCOMMISSMEXPIRES Notary Public, State of Texas
X24.20
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on ` ` � 2005 by
Bishop B. C. McPherson, the Executive Director of Sin ian Development, Inc., a Texas non-
profit corporation, on behalf of said corporation.
Notarly Public, State of Texas
SIN'y Notary Publk STATE OF TEXAS Comm. Ev. W08/07
HOME CHDO PROGRAM CONTRACT Page 2 2 � �j
Sininian, Development Inc. Rev. -14-45 '�'`J� UJl1 u �5
EXHIBIT"A"
PROGRAM SUMMARY
SCOPE OF WORK
Sininian Development Inc.Infill Housing Program
DESCRIPTION:
Sininian Development Corporation (SDI) plans to build two, three bedroom, two bath, two car
garage infill homes in the Hillside-Morningside Neighborhood with an option to build in the
second phase two more homes in the Hillside-Morningside Neighborhood once the first two
homes have been sold. At the completion of all four homes the remaining funds will be
considered CHDO proceeds enabling SDI to retain all proceeds from the sale of the last two
homes. The HOME regulations allow a CHDO to retain sales proceeds, upon approval by the
City. The City of Fort Worth's investment in these properties will be secured through a first
lien deed of trust to be paid off when the first two homes sell.
SPECIFIC PURPOSE:
The City Council of Fort Worth has determined that the development of safe, decent, and
affordable infill housing is needed for moderate, low, and very low-income citizens of Fort
Worth. These homes will be built to City of Fort Worth housing standards. These homes will
be sold to income-eligible residents who do not exceed 80% of area median income.
PROGRAM OBJECTIVES: 4 infill homes to be built.
PROGRAM MEASURES: Estimated Budget
2005
• Two homes to be build in one phase $ 166,574
1. Build 4 Quality homes that meet the
City of Fort Worth's housing
standards for residents who do not
exceed 80% of AMI.
Final Program Operation Costs $ 166,574
TOTAL PROGRAM BUDGET $ 166,574
Total Budget CDBG HOME Other Sources
Funds Funds
[A] [B] [C] [D]
Fundraising
Payment of Soft Costs&Related $4000 $4000
Costs(Appraisal, Survey,
Architectural, Soil Test
Reimbursement of Acquisition Costs $4,646 $4,646
Construction Site Preparation $3000 $3000
Insurance $3600 $3600
Marketing(1/2) $1670 $1670
Site Security(1/2) $500 $500
h
Site Security 1/2 $500 $500
Marketing(1/2) $1670 $1670
Plumbing Rough In $4400 $4400 7
Slab Foundation $13000 $13000 7
Water/Sewer/Electric $3940 $3940
Framing $25098 $25098
Roof Shingles $5010 $5010
Windows/Door Ext. $6680 $6680
Electric Rough In $1600 $1600
Electrical Trim $1600 $1600
HAVAC Rough In $3200 $3200
HAVAC Trim $3200 $3200
Plumbing Top Out $4400 $4400
Fireplace and Insulation $4600 $4600
Brick $8800 $8800
Sheetrock:Tape/Bed/Texture $7000 $7000
Stone Accents $3000 $3000
Paint: Interior/Exterior $6600 $6600
Interior:Doors and Trim $3740 $3740
Cabinets $5400 $5400
Hardware Mirrors and Shelves $2000 $2000
Lights and Fans $2200 $2200
Carpet/Flooring $5000 $5000
Tile $1800 $1800
Counter Tops $1800 $1800
Appliances $5120 $5120
Garage Door $1000 $1000
Side Walks $1600 $1600
Utilities $600 $600
Final Clean $2200 $2200
Landsca e $2000 $2000
Fence $2600 $2600
Home Warrant $1000 $1000
Security System $800 $800
Contingency(Including minimum $6,000 $6,000
$1000 down-payment assistance to
each bu er)
MOM wlllv�
AUMMOM
`
EXHIBIT"C"
SOP PROJECTS PROGRAM TIMELINE
1-3 4-6 7-9 10-12
months months months months
Activity
Home#1 1238 East Jefferson
•'• Construction
Selling Period
Home#2 1308 East Allen
•'• Construction
❖ Selling Period
Home#3 TBD
•'• Construction
Selling Period
Home#4 TBD
•'• Construction
❖ Selling Period
EXHIBIT "D"
ATTACH AUDIT CERTIFICATION FORM AS EXHIBIT D INSTEAD OF THIS FORM
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME: SININIAN DEVELOPMENT CORPORATION
PROGRAM: Infill Development CHDO Program
AMOUNT FUNDED: $166,574
Name of Independent Auditor who will perform agency audit:
(Independent Auditor)
Date audit is to be performed:
(Month and Year)
The following language is a condition of your contract with the City:
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 Contractor's
fiscal year during which this contract is in force or cover the period of this contract. The Audit must be
prepared by an independent certified public accountant be completed within (12)months following the
end of the period being audited and be submitted to City within thirty (30) days of its completion Cost
of preparation of this audit may be an allowable expenditure of federal funds in an amount proportional
to that of the federal funds used in contractor's total agency operating budget
****The contractor does not meet the $500,000
Threshold***
1AR-11-2005 FRI 02:25 Pty C 0 F W - HOUSING FAX ISO. 817 302 7508 P. 02/17
F •
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Cojitracf) is made
a;G r) 0 ,Co_pr oration. a Texas nonprofit corporation {"Owner"} and
1c( Ls ("Contractor"), as of this j( day of ry ,�<_
the purpose of constructing ONE single-family dwelling (s) on a lot(s) provided by the
"Owner"within the City limits of Fort Wo_rt4,,TX,
*The lot site address is; E re:Son Fort Worth TX
*Its legal description is: Lot rQ,Block ti 7, .� 9- S t-(ADDITION,an addition
to the City of Fort Worth Tarrant County Texas according to Map or Plat thereof recorded in
Volume ,PaLle of the Plat Records of Tarrant County Texas(the"Property")
Plan# / Ll j it
*Attach an Addendum for multiple units constructed.
Owner shall compensate Contractor a total sum of
($-71 ,6 1(Contract Price")
Payment shalt be made in accordance with Article 9 of this Contract.
The Commencement Date shall be; 5 L2 1 !0_S with a Completion Date not to
exceed 120 calendar days C Contract Time').
Owner and Contractor hereby agree to the following:
TERMS AND CONDITIONS
Article 1
GENERAL PROVISIONS
I A TERMS USED Wl 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
fancily 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 F
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.
t Revised 03-11-05
MAR-11-2095 FRI 02:28 PH 0 0 F N - HOUSING FAX N0, 817 392 7508 P. 03/17
1,10). 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.
t
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 Worn,
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 i
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 03-11-05
MAR-11-2555 FR 1 02:27 Fi I 0 0 F W - HOUSING FAX H0. 817 392 7508 F. 04/17
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
RESONSIBILITHS OF THE CONTRACTOR
3.1 EXECUTION OF TFIE 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 famished 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 1
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 (M/WBE)
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 03-11-05
MA1R-11-2005 FRI 02:28 PM 0 0 F W - HOUSING F'PY N0. 817 392 750$ P. 051/17
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 conformm 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 ether 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 shal I 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.
Revised 03-11-05
N ,
1.� '� u ace
MAR-?1-2-005 FRI OW PM 0 0 F W - HOUSING FAX 1110. 817 392 7508
P. 06i17
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 LIP
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 art bv 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 f
claims or suits for property Ioss or damage and/or personal injury,including death,to any and
alI 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 art b the all ed ne li ence of the officers agents,servants
emulovecs, contractors,subcontractors,licensees and invitees of Owner andtor 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 resultin from in whole or in r Any and BY a ed acts or omissions officers
a ents servants em to ees contractors subcontractors li
Re censees ' vitees of Owner's
presentative -
S Revised 03-1 i-o
MAR-11-2005 FRI 02.31 PM 0 0 F W - HOUSING FAX NO. 817 392 7508 P, 07117
Article 4
RESPONSIBILITIES OF OWNER'S REPRESE.NATIVE
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 91.
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.
s
t
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 s
will endeavor to secure adequate and reasonable performance by both Owner and Contractor, s
will not show'partiality to either and will not be liable for results of interpretations or
decisions rendered in good faith.
6 Revised 03-11-05 -.
.;'rtJ
• MAR-11-2005 FRI 02,32 PM C 0 F W - HOUSING FAX NO. 817 392 7508 P. 08117
Article 5
TESTING AND INSPECTIONS
.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by Iaws, 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
5,1 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, r
Article 77
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 03-11-05
Article S
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 by Change Orders,labor disputes, 'ire,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.
Arficle 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°1)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 fflr
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 Pa
ymetrt will
pass to the Owner no later than the time of payment. Contractor further warrants that upon t
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..
$ Revised 03-11-05
MAR-11-2005 FRI 02:34 Ply C 0 F W - HOUSING FAX N0. 817 392 7508 P. 10117
9.3 PROGRESS PAYMENTS
93(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 shalt 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. t
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.
i
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 Revised 03-11-05 -° �'
MAR-11-2005 FRI 02:35 PM G 0 F W - HOUSING FAX N0. 817 392 7508 P. 11/17
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
TEltliMI l YATION 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
Contract;
g y perform its obligations under this
2. fails to make payments to subcontractors or suppliers for materials furnished ar
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 r
4. is otherwise in breach of a provision of the Contract Document 1
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:
l, 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(x), Contractor shall not be entitled to receive further payment until all
.the Work is completed and accepted.
I l.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 03-11-05
MAR-11-2065 FR 1 02:36 FM G G F W - HOUSING FAX NO. 817 392 7508 P, 12117
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
PERFOR1MANCE,GOVERNING LAW,VENUE AND JU RISDICT10N
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.
Arh-�. �cle 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 unpaired.
Executed in multiple originals this L�2 day of 200'
OWNER '
Oc-
By. '` t �� 1
Its:
CONTRACTOR:
t(
x C1 e1 S
By. ► ,�l l f. �'b S
It
O R'S REPRESENTATIVE
ITY 4Hosi RT WOR O SIN D RTNIENT
Title Director
APPRO AS TO FORM AND LEGALITY
Assistant City Attorney -- i
11 Revised 03-11-o5
MAR-11-2005 FRI 02:37 PM 0 0 F W - HOUSING FM NO. 817 392 7508 P. 13/17
ADDENDUM#1
A minimum of five(S)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 sid ng 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, _
Wading,electrical,FIVAC 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
IM 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.
1.
N
it
12 Revised 03-11-05
MAR-11-2005 FRI 02:38 PM 0 G F W - HOUSING FAX NO. 817 392 7508 P. 14117
ADDENDUM#2
PROPERTY: LCD 1,n 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 SEVERABILTTY CLAUSE;AND
PROVIDING AN EFFECTIVE DATE
t'
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 di fficulty in finding a suitable house to rent
or buy; and
WHEREAS, certain features in housing construction make new houses more i
accessible and livable for persons with disabilities and thus enhance the quality of life for
these persons.
13 Revised 03-11-05
MAR-11-2005 FRI 02:39 PM 0 0 F W - HGLISING FAX N0, 817 392 7508 P. 15117
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 OP 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 e 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 i
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 `
t
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') j
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 r
designed to�lIow 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 trust
provide a minimum of 30" clear opening. A 21" door or standard 6'0 sliding patio door
assembly is deemed sufficient to comply with this requirement,provided however,compliance
i
x
Y
f
14 Revised 03-11-05
MAR-11-2005 FRI 02:40 PIS C 0 F W - HOUSING FAX NO, 817 382 7508 P, 16/17
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 3611,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 I (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 De
documents necessary o p Department and include all ,
mY 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. l
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 ,- -
g provisions of such ordinances and such Code are hereby repealed, y
SECTION 6,
15 Revised 03-11-05
`
MAIR-11-2005 FRI 02;41 PIS 0 0 F W - HOUSING FAX N0. 617 342 7505 P. 17117
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.
f
{
y
i
16 Revised 03-11-05
IN WITNESS WHEREOF,the parties hereto have executed this Contract in Fort Worth,
Tarrant County,Texas,this day of A.D.20
Owner
+3 i° SHELITA Y.WOODS r�
Notary Pubk,State of Texas
W Comm Expires Sept 16,2
Contractor
By:
Title
Acknowledged by:
For City of Fort Worth
ousing Department as Owner's Representative
APPROVED AS TO F AND LEGALITY
Assistant City Attorney
FeIM0111,P
Exhibit F
REQUEST FOR PAYMENT
OWNER: CONTRACTOR:
ADDRESS:
AMOUNT REQUEST:
CONTRACTOR: I hereby request an inspection on to receive
payment in the above amount. I certify that I have satisfactorily accomplished the necessary work
to justify this request and that all bills incurred for the labor used and material furnished in making
of said repairs and improvements have been paid in full to this date.
Contractor's Signature: Date:
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 brick, drywall, tape/bed/ texture, trim-out, interior and exterior paint, floor
coverings, cabinets and counter tops and the plumbing trim out are completed, Contractor will receive
the fourth draw in the amount of 18% of the Contract Price.
(5) FIFTH REQUIRED INSPECTION
Final inspection- After all finish work, the drive and approach, grading, electrical, HVAC, 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 no sooner than thirty days after substantial completion and 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.
OJ144 - CITY OF FORT WORTH
HOUSING DEPARTMENT
SUBGRANTEVS REQUEST FOR FUNDS
Agency
Program Name:
Contract Number: Report Period:
Date of Request:
SECTION I(AGENCY) Current month
CASH BALANCE ANALYSIS FOR
1. Beginning Cash Balance $ 0 $ 0
2. Amount Received:
Program Income $ 0 $ 0
City of Fort Worth $ 0 $ 0
Interest Earned $ 0 $ 0
3. Total Funds Available(1 +2) $ 0 $ 0
4. Less Expenditure(detail statement cost) $ 0 $ 0
5. ENDING CASH BALANCE (34) $ 0 $ 0
tJ!phliirg+C'ost
6. Estimated Expenditures $
7. Funds Needed(6-5) $
8. Less Estimated Program Income $ 0
9. Unpaid Request for Payment Previously Submitted $ 0
10.Amount of This Request(7-8 &9) $
TOTAL AM01 { UEST I ,x.
�SE e, t .. 1. ... .. ..,
I. MARS Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/Account/Center
C. Total Amount of this Request
SECTION III
1. Verification
A. MARS-Purchasing:
B. Contract Manager:
C. Accounting:
2. Authorization
A. Agency:
B. Mgmt&Budget
Administrator
Housing Director
IF OVER$8,500.00 (Name)
CITY OF FORT WORTH
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
EXPENDITURES WORKSHEET
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
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.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
I\
CITY OF FORT WORTH
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
FICA
Life Insurance
Health Insurance
Unemployment-Federal
Unemployment Tax-State
Worker's Comp
Retirement
SUPPLIES
Office Supplies
Postage
Teaching Aids
Food Supplies
Other Operating Supplies
CONTRACTUAL SERVICES
Telephone
Electric
Gas(Utility)
Water/Waste Disposal
Rent(Building)
Custodial Services
Office Equipment Rental
Printing
Repairs
Fidelity Bond
Liability Insurance
Legal&Accounting
Private Auto Allowance-Local
Advertising
Conferences&Seminars
Contractual Services
Indirect Cost
CAPITAL OUTLAY
Furniture,Fixtures
Office Equipment
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
Ri�iACH�tAST IV
IIfONTE�y , k PDP T
QOM MONTH REPORTING
:
! ):
1 - ?CCOMPr,IS N-TS
71_ AD DIT T oN,Z,_T co_ NTs REG�uDZNG ACCO_Mpz iSMAENTs Tr±rs MONTH:
II - ROBI EMS x NCOUN Tk D ADD SOLiTT 0175 PROPOSED
- ?3NTI� PAID
ACTIVITIES DURING IIEXT MONTH:
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/22/2005
DATE: Tuesday, February 22, 2005
LOG NAME: 05SININIANHOME REFERENCE NO.: **C-20531
SUBJECT:
Authorize Reallocation of Home Community Housing Development Organization (CHDO) Program
Funds for Sininian Development, Inc. (SDI) to Develop Infill Housing
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the reallocation of $166,574 in HOME Community Housing Development Organization
(CHDO) set aside program funds to Sininian Development Inc. (SDI) for the development of two homes in
the Hillside-Morningside Neighborhood with an option to build two more homes in the Hillside-Morningside
Neighborhood once the initial two homes have been sold;
2. Authorize the City Manager to execute a contract with Sininian Development Inc., not to exceed a total
of$166,574;
3. Authorize SDI to retain the proceeds as defined by the HOME program regulations and in compliance
with City policy;
4. Authorize the contract performance period to begin on the date of contract execution and end
eighteen months thereafter;
5. Authorize extension or renewal of the contract for up to six months, if Sininian Development Inc.
requests an extension; and
6. Authorize the City Manager 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 applicable laws and regulations.
DISCUSSION:
The HOME Investment Partnerships Program is intended to be a partnership between federal, state and
local government and non-profit and for-profit agencies who, build, own, manage, finance and support low
income housing initiatives.
Participating Jurisdictions (PJs), such as the City of Fort Worth, are particularly encouraged to work with
existing community-based, non-profit housing organizations and to help develop new housing non-profits.
To ensure this participation, a minimum 15% of a PJ's HOME funds must be set-aside to be used for
Community Housing Development Corporations (CHDOs) and up to 5% may be set-aside to fund CHDO's
operating expenses.
CHDOs are certified by PJs according to specific eligibility criteria. Commitments of HOME funds must be
made according to a timetable established by HUD.
T.nvnnme- O54TNTNTAN14OMF Paiie 1 of
SDI received $50,000 in operating funds in late 2002, and the HOME regulations require a CHDO that
receives operating funds to submit a proposal for CHDO program funds within 24 months of receipt of the
operating funds.
A Notice of Funding Availability for CHDO program funds was issued. SDI submitted a proposal in
response to the NOFA. Funding for SDI is being recommended as follows:
AGENCY SCOPE OF WORK PROGRAM SUPPORT
FUNDS FUNDS
Sininian Development Infill housing $166,574 $ -0-
construction
(4 Units to be built in 2 phases)
Total $166,574 $ -0-
SDI plans to build two, three bedroom, two bath, two car garage infill homes in the Hillside-Morningside
Neighborhood with an option to build in the second phase two more homes in the Hillside-Morningside
Neighborhood once the first two homes have been sold. At the completion of all four homes the remaining
funds will be considered CHDO proceeds enabling SDI to retain all proceeds from the sale of the last two
homes. The HOME regulations allow a CHDO to retain sales proceeds, upon approval by the City. The
City of Fort Worth's investment in these properties will be secured through a first lien deed of trust to be
paid off when the first two homes sell.
The first two homes will have a brick exterior with a landscaped lawn and an approximate square footage of
1342. These homes will be sold to income-eligible residents who do not exceed 80% of area median
income.
SDI.'s targeted service area is bound by East Rosedale Street (North), Beach Street (East), East Berry
(South), and IH 35 (West).
The Housing and Workforce Development Committee unanimously approved this project on January 18th,
2005.
The proposed projects are located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
MGR76 539120 005206846520 $166,574.00 (1)GR76 539120 005206846030 $166,574.00
Submitted for City Manager's Office b Dale Fisseler (6266)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact_ Roy C. Lopez (7336)
T,nunnme- 054TNTNiANHOMF pave ? of 7