HomeMy WebLinkAboutContract 29387 CITY R CT N � Q /
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth ("City"),
acting by and through Reid Rector, its duly authorized Assistant City Manager, and Polytechnic
Community Development Corporation (Contractor) by and through Opal Barrett, its duly
authorized Interim Board President. Contractor's business address is 2841 Ave G, Fort Worth,
Texas 76105.
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-02-MC-48-0204, with which the City desires
to promote activities that expand the supply of affordable housing and the development of
partnerships among the City, local governments, local lenders, private industry and
neighborhood based nonprofit housing organizations; and
WHEREAS, the primary purpose of the HOME program pursuant to the National
Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit
low and very low income citizens by providing them with affordable housing; and
WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of
Directors, is working to increase the number of decent, affordable housing units available to low
and moderate income persons; and
WHEREAS, the citizens and the City Council of Fort Worth have determined that the
development of safe, decent, and affordable housing is needed for moderate, low, and very low-
income citizens of Fort Worth;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1. GENERAL PROVISIONS
A. Purpose
The express purpose of this contract is to provide Contractor with HOME funds not to
exceed Twenty-Three Thousand Nine Hundred Twenty-Seven Dollars and 54/100 ($23,927.54),
of which Twenty-Three Thousand Nine Hundred Twenty-Seven Dollars and 54/100 shall be used
to provide funding for operating support of the Program, in accordance with "Exhibit A -
Program Summary."
The amount of TWENTY-THREE THOUSAND NINE HUNDRED TWENTY-SEVEN
DOLLARS and 54/100 ($23,927.54) is designated as "Operating Funds," and may be used for
operating expenses in the management of the organization. The objective of this contract is to
assist the Contractor in acquiring vacant lots for housing projects, construction of the residential
portion of a mixed-use project on Rosedale, and constructing new housing for sale to
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homebuyers in the Polytechnic Heights neighborhood.
The City hereby certifies that Contractor is a Community Housing Development
Organization(CHDO) and acts as a housing developer as defined by HUD.
The City shall act through its agent, the City Manager, or his duly authorized
representative, unless otherwise stated in this agreement. Contractor agrees to comply with the
uniform administrative requirements contained in Section 92.505 of the HOME regulations,
including Subpart F, and applicable City Codes and regulations.
B. Duration
This Contract begins on the date of execution of this contract and terminates twelve (12)
months thereafter. This Contract may be extended for one (1) one-year term. In the event
Contractor desires to extend the terms of this contract beyond its stated date of expiration of 12
months, it shall submit a written request for extension to the City at least 60 days prior to the
current expiration date hereof and that submission shall include the Contractor's anticipated
budget, goals and objectives for the extended period;provided,however,that the City is under no
duty or obligation to grant the requested extension, and that any such extension must be in
writing as an amendment to this contract and approved by the City Manager.
C. Independent Contractor
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of the City. Contractor shall have exclusive control of, and the
exclusive right to control the details of the work and services performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, members, agents, servants, employees, subcontractors, program participants, licensees
or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor,
its officers, members, agents, servants, employees, subcontractors, program participants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor. It is expressly understood and agreed that no officer,
member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program
participant hereunder, is in the paid service of City and that City does not have the legal right to
control the details of the tasks performed hereunder by Contractor, its officers, members, agents,
employees, subcontractors,program participants, licensees or invitees.
City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor,, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged;
and Contractor hereby indemnifies and holds harmless City and its officers, agents, and
employees from and against any and all claims or suits.
D. Termination.
This contract may be terminated by the City in the event of default, inability, or failure to
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perform on the part of Contractor, or whenever such termination is determined by the City to be
in the City's best interest. Likewise, the contract may be terminated by Contractor if the City
does not provide funds pursuant to this agreement. The contract may be terminated for mutual
convenience upon agreement of the parties.
The parties acknowledge that HOME funds paid hereunder are intended to provide only
partial funding for Contractor's program operations. If non-HOME funds to implement the
program are not forthcoming to the Contractor during the contract term, the City may terminate
this contract.
City shall notify the Contractor in writing of any breach of this contract, and specify a
reasonable time within which to cure the particular breach. After being notified of such breach,
and if the breach is deemed to be material, Contractor shall have a reasonable time to cure the
breach. If the Contractor fails to cure the breach within a reasonable time, not to exceed (60)
days, this contract shall automatically terminate.
Contractor will return to City any unused monies previously distributed under this
contract within thirty (30) days of the effective date of contract termination. City will have no
responsibility or liability for Contractor's expenditures or actions occurring after the effective
date of the contract termination.
E. Venue
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-performance of this agreement, venue for said action
shall be in Tarrant County, Texas.
F. Written Instrument is Entire Agreement
All terms of this contract shall apply to any and all subcontractors of Contractor which
are in any way paid with HOME funds or who perform any work in connection with Contractor's
Program.
The provisions of this agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this agreement shall be determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on
any future occasion.
This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this contract for all purposes, constitutes the entire contract by the
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parties hereto concerning the work and services to be performed under this contract. Any prior
or contemporaneous oral or written agreement, which purports to vary the terms of this contract,
shall be void. Any amendments to the terms of this contract must be in writing and must be
approved by each party to this contract.
The paragraph headings contained herein are for convenience in reference to this contract
and are not intended to define or to limit the scope of any provision of this contract.
2. DUTIES AND RESPONSIBILITIES OF CITY
A. Disbursement of Funds
The City will furnish federal grant funds, (HUD HOME Investment Partnerships Program
No. M-02-MC-48-0204) for use as stated herein. The City will monitor the use of such funds to
ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and
compliance with the provisions therein. Disbursements from the HOME account for an advance
of funds to cover operating expenses will require completion of. (1) Attachment I "Request For
Funds" form, (2) Attachment II "Detail Statement of Costs" and Attachment III "Expenditure
Worksheet".
No funds will be advanced if financial reports accounting for funds previously advanced are not
received.
B. Amount of Funds
It is agreed that the total distribution of federal grant funds made available to or paid on
behalf of Contractor, during the term of this contract shall not exceed the total sum of TWENTY-
THREE THOUSAND NINE HUNDRED TWENTY-SEVEN DOLLARS and 54/100
($23,927.54).
Contractor will use the TWENTY-THREE THOUSAND NINE HUNDRED TWENTY-
SEVEN DOLLARS and 54/100 ($23,927.54) for specific operating needs of Contractor in
accordance with Exhibit B - "Program Budget".
3. DUTIES AND RESPONSIBILITIES OF CONTRACTOR
A. Statement of Work, Budget and Time Line for Goals and Expenditures
Contractor will utilize HOME funds provided under this contract to assist certain of its
operating expenses to promote the development of Contractor and its efforts to produce
affordable housing for low and very-low income families. HOME funds may only be used to
provide Contractor funding for activities, which are eligible and allowable expenditures pursuant
to HOME regulations specified in Section 92.208. The operating expenses are described more
specifically in Exhibit B.
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By the end of the contract period, the Contractor shall complete or submit evidence of the
following as specified in Exhibit A:
CAPACITY BUILDING ACTITIVES
a) Board Training
b) Development of Financial Management System
C) Obtain a computer and develop a Computerized Accounting System
d) Development of Record keeping System
e) Development of Personnel Policies and Procedures
f) Staff Training—completion of at least
two (2)Housing Development Training Seminars
g) Development of a Strategic Plan
h) Development of a Business.Plan
i) Successfully leverage additional operating funds
Contractor understands that this contract does not bind the City to provide subsequent
HOME project funds to Contractor. The funds the subject of this contract are provided with the
understanding that Contractor will submit an application for HOME project funding within a
twenty-four month period from the date of this Contract through HOME-funded programs
available at the time of the application. Funding of the application for project funds will be
conditioned upon the availability of funds at the time of application, quality of the request, and the
applicability of the funding request to existing HOME funded programs.
B. Budget
Contractor agrees that the HOME funds will be expended in accordance with the
projected Program Budget in Exhibit B attached hereto and incorporated for all purposes. Under
no circumstances shall the total amount of funds expended by Contractor from funds paid by the
City exceed Twenty-Three Thousand Nine Hundred Twenty-Seven Dollars and 54/100
($23,927.54).
The funds from the City may be spent only to pay for actual expenses for program
administration.
C. Time Line for Goals and Expenditures
Contractor shall work in accordance with the schedule in the Program Implementation
Timeline in Exhibit C and ensure that program goals and expenditures correspond with the
completion of the Program.
D. Reversion of Assets
Contractor agrees to return to the City any HOME funds remaining on hand at the end of
the contract. If repayments, interest or other returns on investment attributable to HOME funds
are received after the term of this contract, they shall be returned to the City to be deposited in
the City's HOME account in accordance with Sections 92.503(b) and 92.504(c)(3) of the HOME
regulations.
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E. Accounting, Records and Reports
Contractor will establish and maintain an accounting system using uniform and
established principles of standard accounting in accordance with OMB Circular A-122, "Cost
Principles for Non-Profit Organizations", for the documenting and controlling the expenditure of
HOME funds used in the pursuit of Program objectives to be performed in this contract.
ALL HOME FUNDS, AS DISTRIBUTED TO CONTRACTOR, WILL BE
IMMEDIATELY DEPOSITED BY CONTRACTOR IN A LOCAL, FEDERALLY-
INSURED, INTEREST BEARING BANK CHECKING ACCOUNT, AND
THEREAFTER DISBURSED BY CHECK BY CONTRACTOR FOR THE PURPOSES
ALLOWED UNDER THIS CONTRACTOR ("ALLOWABLE COSTS" HEREINAFTER
DEFINED). ONLY HOME FUNDS WILL BE DEPOSITED TO THIS ACCOUNT AND
NO OTHER FUNDS WILL BE COMMINGLED WITH THIS ACCOUNT. THE CITY
SHALL HAVE ACCESS TO THE RECORDS RELATING TO THIS ACCOUNT FOR
PURPOSES OF AUDITING CONTRACTOR'S EXPENDITURES OF THE CITY
GRANT, AND CONTRACTOR WILL SO ADVISE APPROPRIATE BANK OFFICIALS.
Contractor will only use HOME funds received to defray expenditures which are: (1)
made in conformance with the specified purposes set out in Exhibit A and all other provisions of
this Contract; (2) necessary to accomplish the Program objectives; (3) reasonable in amount of
goods and services purchased; (4) actual net costs to the Contractor (i.e., the price paid minus
any refunds, rebates, discounts or any other items of value received by Contractor that have the
effect of reducing the cost actually incurred) (5) incurred after execution of this Contract unless
specific authorization from the City to the contrary is received; (6) satisfactorily documented;
and (7) treated uniformly and consistently under the accounting system established by Contractor
for these purposes.
All costs defrayed from HOME funds will be supported by properly executed checks,
orders, payrolls, time records, invoices, contracts, vouchers, or other accounting documents
evidencing in detail the nature and propriety of the charges. Such documentation will be clearly
identified, readily accessible and, to the extent possible, kept separate and apart from all other
such documents.
The City expressly reserves, for a period of five (5) years from the date of execution of
this Contract, the right to audit compliance with the terms of this Contract, and any and all
records and documents relating to expenditures made for which HOME funds are used, or
relating to any other activity under this Contract or use of HOME funds. Contractor agrees to
retain all such records and documents for the five(5)year period
Contractor will obtain and keep on file the following information on each client served by
the Program. Such records shall be kept for the period of affordability mandated by the
Regulations.
a. Annual income and size of the household of which the client is a
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member;
b. Ethnic group of the client, using one of the following five
categories: White, not Hispanic; Black, not Hispanic; Hispanic; Asian or
Pacific Islander; American Indian or Alaskan Native;
C. Whether the head of the client's household is male or female;and
d. Additional statistical information as may be required by HUD
regulations and any amendments thereto.
Contractor will keep on file the following information and documentation on each
individual project:
a. Proof that the project meets the applicable property standards;
b. The per unit amount of HOME dollars invested;
C. The compliance with the affirmative marketing requirements and
existence of acceptable procedures;
d. Compliance with relocation requirements;
e. Minority and female owned business data, and affirmative fair
housing actions;
f. Compliance with lead based paint and Davis-Bacon requirement; and
g. Compliance with conflict of interest rules.
By the 15th of each month during which this program is supported by the HOME funds
provided under this contract (to be construed as including the use of any asset obtained through
the expenditure of HOME funds), Contractor will supply the City with a report detailing:
a. Progress toward goal achievement-Attachment IV; and
b. Expenditure detail-Attachments I, II and III;
C. Reports shall be submitted in the format specified by City.
F. Cost Principles
Contractor shall comply with the requirements and standards of OMB Circular A-122,
"Cost Principles for Non-Profit Organizations".
All non-federal entities that expend $300,000 or more in federal funds within one year,
regardless of the source of the Federal award, must submit to the City an annual audit prepared in
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accordance with specific reference to OMB Circular A-133 as appropriate. 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. Costs of preparation of the audit may be an allowable expenditure of federal
funds in an amount proportional to that of the federal funds used in Contractor's total agency
operating budget. Non-federal entities that expend less than $300,000 a year in federal funds are
exempt from Federal audit requirements for that year,but records must be available for review or
audit by appropriate officials of the Federal agency, pass-through entity (City), and General
Accounting Office(GAO). (Exhibit D-Independent Audit Requirement).
City reserves the right to perform an audit of Contractor'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 Contractor agrees to allow access
to all pertinent materials as described in section headed records and reports above. If such audit
reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15)
days after notice to Contractor 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).
If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the grant funds described herein, Contractor agrees to
immediately reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanctions, penalty or other charge levied against City
because of such misuse,misapplication or misappropriation.
G. Monitor Effectiveness of Services and Work
The City will review the activities and performance of each contractor and subrecipient
not less than annually as required in Section 92.504 (e)of the HOME regulations.
Contractor agrees to fully cooperate with City in monitoring the effectiveness of the
services and work to be performed by Contractor's compliance with the terms of this contract.
The City shall have access at all reasonable hours to offices and records (dealing with the use of
the funds that are the basis of this contract) of Contractor, its officers, directors, agents,
employees, and subcontractors for the purpose of such monitoring.
Contractor agrees to likewise monitor the effectiveness of the services and work to be
performed by its subcontractors.
H. Compliance with All Applicable Federal Laws and Regulations
Contractor agrees to comply with the following laws and the regulations issued
thereunder as they are currently written or are hereafter amended during performance of
this contract:
Title VI of Civil Rights Act of 1964(42 USC 2000d et seq)
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Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq)
Executive Orders 11063, 11246, as amended by 11375 and as supplemented by
Department of Labor regulations (41 CFR, Part 60)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
The Age Discrimination Act of 1975 (42 USC 6101 et seq)
National Environmental Policy Act of 1969 (NEPA) and the related authorities
listed HUD's implementing regulations (24 CFR Part 58)
Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as
amended) specifically including the provisions requiring employer verifications of
legal worker status of its employees
Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat.
1815, as amended)
The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
National Affordable Housing Act of 1990
The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F)
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC
1701
As the work performed under this contract is on a project assisted under a program
providing direct federal financial assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701,
Contractor covenants to abide by the requirements of the said Section 3. It requires as follows:
1. That, to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and
2. That, to the greatest extent feasible, contracts for work in connection with
the project be awarded to business concerns, which are located in or owned in
substantial part by persons residing in the area of the project.
Contractor will comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in
24 CFR 135, and all applicable rules and orders of the Department issued thereunder
prior to the execution of this contract. Contractor certifies and agrees that it is under no
contractual or other impediment, which would prevent it from complying with the
requirements.
Contractor agrees that it will send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or workers representatives
of its commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
Contractor agrees that it will include the said Section 3 clause in every
subcontract for work in connection with the project and will, at the direction of City, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
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violation of regulations issued by the Secretary of Housing and Urban Development,
CFR135. Contractor agrees that it will not subcontract with any subcontractor where it
has notice or knowledge that the latter has been found in violation of regulations under 24
CFR 135 and will not let any subcontract unless the subcontractor has first provided
Contractor with a preliminary statement of ability to comply with the requirements of
these regulations.
City and Contractor understand and agree that compliance with the provisions of
Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of
the Department issued thereunder prior to the execution of this contract shall be a
condition of the Federal financial assistance provided to the project, binding upon City
and Contractor, and their respective successors, assignees and subcontractors. Failure to
fulfill these requirements shall subject Contractor and its subcontractors, its successors
and assignees, to those sanctions specified by the Grant Agreement through which federal
assistance is provided and to such sanctions as are specified by 24 CFR.
Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts
and Regulations.
This contract is subject to the requirements of Section 306 of the Clean Air Act,
as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC
1368), Water Pollution Control Act, as amended (33 USC 1251 et seq.) and the
regulations of the EPA with respect thereto at 40 CFR, Part 15, as amended from time to
time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said
regulations, Contractor agrees and, with respect to a nonexempt transaction, shall require
each subcontractor to agree to the following requirements:
1. A stipulation that no facility to be utilized in the performance of
nonexempt contract or subcontract work is included on the List of Violating Facilities
issued by the(EPA)pursuant to 40 CFR 15.20;
2. Compliance with all the requirements of Section 114 of the Clean Air Act,
as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control
Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said Section 114 and Section
308 and all regulations and guidelines issued hereunder;
3. A stipulation that, as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director, Office of Federal
Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities;
4. Agreement by Contractor that it will include or cause to be included the
criteria and requirements of this section in every nonexempt subcontract, requiring that
Contractor will take such action as City may direct as a means of enforcing such
provisions.
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In no event, shall any amount of the assistance provided under this contract be
utilized with respect to a facility, which has given rise to a conviction under the Clean Air
Act or the Clean Water Act.
I. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all other laws, (federal, state and
local) relevant to the performance of this contract, including all ordinances, rules and regulations
of the City of Fort Worth and the Regulations. Contractor further promises and agrees that it has
read, and is familiar with, terms and conditions of the Regulations under which funds are granted
and that it will fully comply with same. It is agreed and understood that, if City calls the
attention of Contractor to any such violations on the part of Contractor or any of its officers,
members, agents, employees, program participants or subcontractors, then Contractor shall
immediately desist from and correct such violation.
J. Prohibition Against Discrimination
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person because of sex, race, religion, color or
national origin, nor will Contractor permit its officers, members, agents, employees,
subcontractors or program participants to engage in such discrimination.
During the performance of this contract Contractor agrees, and will require all its
subcontractors to agree, as follows:
Contractor will not unlawfully discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin.
Contractor will take affirmative action to ensure that applicants are employed and
that employees are treated fairly during employment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
In accordance with the policy of the Executive Branch of the federal government,
Contractor covenants that neither it nor any of its officers,members, agents, employees, program
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participants or subcontractors, while engaged in performing this contract, shall, in connection
with the employment, advancement or discharge of employees or in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of their age or
because of any handicap, except on the basis of a bona fide occupational qualification, retirement
plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit for
such employment unless the specified maximum age limit is based upon a bona fide occupational
qualification,retirement plan or statutory requirement.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for employment with, or
employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply
with ADA's provisions and any other applicable federal, state and local laws concerning
disability and will defend, indemnify and hold City harmless against any claims or allegations
asserted by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this agreement.
This agreement is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the
City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that
Contractor, its officers, members, agents, employees and subcontractors, have fully complied
with all provisions of same and that no employee, applicant or program participant has been
discriminated against under the terms of such ordinances by either the Contractor or its officers,
members, agents, employees or subcontractors.
K. Prohibition Against Interest
No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
program funded hereunder during his tenure or for one(1)year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language
prohibiting such interest in all contracts and subcontracts hereunder.
No officer, employee, member or program participant of Contractor or its subcontractors
shall have a financial interest, direct or indirect, in this contract or the monies transferred
hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land,
materials, supplies or services purchased with any funds transferred hereunder, except on behalf
of Contractor, as an officer, employee, member or program participant. Any willful violation of
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this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall
render this contract void able by the City of Fort Worth.
No officer, employee, agent, consultant, elected official or appointed official of the
participating jurisdiction, Contractor or its subcontractors who exercised any functions or
responsibilities with respect to activities assisted with HOME funds or who are in a position to
participate in a decision making process or gain inside information with regard to these activities,
may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in
any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure or for
one(1)year thereafter.
L. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by the City of Fort Worth's policy to involve minority and
women disadvantaged business enterprises (MWBEs) in all phases of its procurement practices
and to provide them equal opportunity to compete for contracts for construction, provision of
professional services, purchase of equipment and supplies and provision of other services
required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 11923, and all
amendments or successor policies thereto, into all contracts and will further require all persons or
entities with whom it contracts to comply with said Policy.
M. Assignment
Contractor shall not assign all or any part of its rights, privileges, or duties under this
contract without the prior written approval of City. Any attempted assignment of same without
approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has
the right to inspect and approve in writing any proposed subcontracts between Contractor and
any subcontractor engaged in any activity in conjunction with this HOME funded project prior to
any charges being incurred.
N. Indemnity and Bonding
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, City and its officers, agents, servants and employees from and against any and all
claims or suits for property loss or damage and/or personal injury, including death, to any and all
persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection
with the execution, performance, attempted performance or nonperformance of this contract and
agreement and/or the operations, activities and services of the Program described herein,
whether or not caused, in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors or subcontractors of City; and Contractor hereby assumes
all liability and responsibility of City and its officers, agents, servants, and employees for any
and all claims or suits for property loss or damage and/or personal injury, including death, to any
and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in
connection with the execution, performance, attempted performance or nonperformance of this
contract and agreement and/or the operations, activities and services of the programs described
Page 13
herein, whether or not caused in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors or subcontractors of City. Contractor likewise covenants
and agrees to and does hereby indemnify and hold City harmless from and against any and all
injury, damage or destruction of property of City, arising out of or in connection with all acts or
omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees,
licensees, or program participants, or caused, in whole or in part, by alleged negligence of
officers, agents, servants, employees, contractors or subcontractors of City.
Contractor will maintain blanket fidelity coverage in the form of insurance or bond in the
amount of Thirty Thousand dollars ($30,000), to insure against loss from the fraud, theft, or
dishonesty of any of Contractor's officers, agents, trustees, directors, or employees. The
proceeds of such bond shall be used to reimburse City for any and all loss of HOME monies
occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a
rider stating that reimbursement for any loss or losses thereunder shall be made directly to City
for the uses and benefit of Contractor.
O. Waiver of Immunity
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Contractor hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
P. Insurance Requirements
Commercial General Liability(CGL)Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto"
Pending availability of the following coverage, and at the discretion of the Contractor, the
policy shall be the primary responding insurance policy versus a personal auto insurance
policy if or when in the course of Contractor's business as contracted herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
Page 14
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, and rehabilitation.
Coverages shall be maintained by Contractor or its subcontractors. In the event
the respective subcontractors do not maintain coverage, the Contractor shall
maintain the coverage on such subcontractor for each applicable subcontract.
Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover the Contractor and any associated Board of
Directors members.
Additional Requirements
Such insurance amounts shall be revised upward at City's option and that Contractor shall
revise such amounts within thirty (30) days following notice to Contractor of such requirements.
Contractor will submit to City documentation that it has obtained insurance
coverage and has executed bonds as required in this contract and prior to payment of any
monies provided hereunder.
Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days
notice of cancellation, non-renewal, and/or material change in policy terms or coverage.
Insurance policies required herein shall be endorsed to include the City of Fort Worth as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of the City of Fort Worth.
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth.
Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement nor as a waiver of the insurance requirements themselves.
Insurers of Contractor's insurance policies shall be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do business in
the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and
solvency and each such company shall have a current minimum A.M. Best Key Rating Guide
rating of A: VII or other equivalent insurance industry standard rating otherwise approved by the
City of Fort Worth.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by the City of Fort Worth.
In the event there are local, federal or other regulatory insurance or bonding requirements
for the housing program addressed in this contract, should such requirements exceed those
specified herein, the former shall prevail.
Page 15
Contractor shall agree to require its subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor shall require
its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and,
Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor
endorsed as additional insureds (as their interest may appear) on their respective insurance
policies.
Contractor shall require its subcontractors to maintain builders risk insurance at the limit
of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a
different limit value as specified by the City of Fort Worth.
Q. Certification Regarding Lobb ling
The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress in
connection with the awarding of any federal contract, the making of any federal grant,the
making of any federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
member of Congress in connection with this federal contract, grant, loan or cooperative
agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying,"in accordance with its instructions.
The Contractor shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of federal funds.
Page 16
The Contractor shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of federal funds.
Page 17
IN WITNESS WHEREOF, the parties h Freto have executed four copies of this contract in Fort
Worth, Tarrant County,Texas,this 11 day of 2003.
ATTEST: CITY OF FORT WORTH
By: / CGGGI (Lt 'f�
City Secretary Reid Rector
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Ass l. Zry Attorney
POLYTECHNIC COMMUNITY DEVELOPMENT CORPORATION
T s
Contract Authorization By:
Opal Barrett
[ Interim President
Data
MUM END
Page 18 Ciff !SD�K"QQ2jjM Y
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Reid Rector, known to me to be the person whose name is
subscribed to the foregoing instrument,and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
�✓ ,2003.
c
o•�YPgt:. ROSELLA BARNES
NOTARY PUBLIC Notary Public in and for the State of Texas
r v J State of Texas
'FoF
ST Comm.Exp.03-31-2005
AT
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Opal Barrett, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
Polytechnic Community Development Corporation and that he executed the same as the act of
said Polytechnic Community Development Corporation for the purposes and consideration
therein expressed and in the capacity therein stated as its duly authorized officer or
representative. l�
GIVEN MEA MY HAND AND SEAL OF OFFICE tl3is day of
to/, )2003.
Wl
Notary Public in and for the State of Texas
le"'G Rose M Walker
y My Commission Expires
�jFOF�`F' September 18,2004
Page 19
PROGRAM SUMMARY
PROGRAM TITLE
POLYTECHNIC COMMUNITY DEVELOPMENT CORPORATION-OPERATING FUNDS
2003 HOME-CHDO
Personal Services(Support Funds) $23,927.54
Supplies $0.00
Contractual Services(Predevelopment Costs) $0.00
Capital Outlay $0.00
TOTAL R93 Q97.rid
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
POLYTECHNIC COMMUNITY DEVELOPMENT CORPORATION -OPERATING FUNDS
2003 HOME-CHDO
Personal Services(Support Funds) $23,927.54
Supplies $0.00
Contractual Services(Predevelopment Costs) $0.00
Capital Outlay $0.00
TOTAL $23,927.54
DESCRIPTION:
The Polytechnic CDC will use the funds granted by contract for the the administrative costs in the management of
the organization.
The contract period begins on the date of execution and ends twelve months thereafter.
The contract may be extended for a one year term.
PROGRAM OBJECTIVES:
To provide for the payment of administrative costs during the development of housing projects that qualify as
eligible costs.
PROGRAM MEASURES:
By the end of the contract period, Contractor shall submit evidence of the following:
Board Resolution approving CHDO boundaries
Evidence of site control of the proposed housing project
Evidence of appropriate zoning
Marketing study
Development budget
Housing plans
EXHIBIT B "Operating Budget"
POLYTECHNIC COMMUNITY DEVELOPMENT CORPORATION
Operating Budget for July 1, 2003 - June 31, 2004
[A] [B] [C] [D]
Total Budget HOME Budget CDBG Budget Fund Raising
-
$'F8 A57 510,773
Salaries J;$15,745 $14,100 $0 $1,645
FICA $1,207 $1,207 $0 $0
Health Insurance $1440 $846 $0 $94
Life Insurance $Q. $0 $0 $0
Unemployment-State so $ $0 $0
Unemployment-Federal $0 $ $0 $0
Worker's compensation $1 Aq!� '` $0 $445
Retirement $M $0 $0
Misc. Fringe Benefits '``
.., _ .. - -
$ _ $Q.s
Office Supplies `ix- $592 $188 $0 $404
Postage ., $141 $94 $0 _ $47
Other Operating Supplies $39:7 "'"' $171 $0 $226
Teaching Aids . $0 $0 $0
$ ! t _
Telephone °,$1,5 '7 $987 $0 $564
Electric $42 $141 $0 $282
Gas (utility) $0'` $0 $0 $0
Water/Waste $282 $141 $0 $141
Rent $0 $0 $0 $0
Custodial Services $235 $235 $0 $0
Copier < $282 m=" $141 $0 $141
Office Equipment S8 $470 $0 $349
Printing $23 ''- $188 $0 $47
Repairs $0 $0 $0 $0
Fidelity Bond $376 $329 $0 $47
Liability Insurance $1,765 $815 $0 $940
Consultant Fee $0 $0 $0
Legal &Accounting $1„17L5 $1,175 $0 $0
Annual Audits $0 $0 $0
Other Professional Services $1,504 ,. $598 $0 $906
Private Auto Allowance-local $470 $282 $0 $188
Private Auto Allowance-Other $0 s $0 $0 $0
Leased Vehicle Charges $0 $0 $0 $0
Gasoline, Oil & Lube $0 $0 $0 $0
Conference & Seminars --$1,435 $1,200 $0 $235
Indirect Cost _ so $0 $0 $0
$141 $
Land $0 $0 $0 $0
Furniture & Fixtures _ 5141 $0 $0 $141
Office Equipment Rental $0 $0 $0 $0
$23,928 __
EXHIBIT C-PROGRAM TIMELINE
Projects 1-3 4-6 7-9 10-12 13-15 16-18 19-21 22-24
Months Months Months Months Months Months Months Months
ADMINISTRATIVE SET-UP
Set up new office
Recruit pro-bono and volunteer staff
BOARD DEVELOPMENT
Recruit new board members
Establish board meeting room
Develop new Stragetic Plan
Board training on going)
MINOR HOME REPAIR PROGRAM
Submitt FHLB Grant
Research other Grant opportunities(on going)
MARKETING
Market program to homeowners(on going)
Qualify clients for program
Prepare work write-up on qualified homes
Issue bids and select contractor
Construction
Inspection
Final Payment
ECONOMIC DEVELOPMENT AND COMMUNITY
FACILITIES
Complete rehab construction
Set up space for computers and meetings
Research other Grant opportunities(on going)
Recurit pro bono and volunteer staff
HOUSING DEVELOPMENT
Develop program goals and guidelines
Develop program operating support
Acquire vacant lots for infill(ongoing
Acquire houses for rehabilitation(ongoing
Recover new construction funds from HFC
Identify qualified housing contractors
Request bids from contractors minimum of 3
Contracting and construction
NEW CONSTRUCTION MARKETING
Design marketing program
Market program to qualified buyers(ongoing
Issue bids and select contractor
Construction
Ins ection
Final Payment I I+ Al I I L_J
E=IT D
INDEPENDENT AUDIT REQUIREMENT
BUSINESS /AGENCY NAME:
PROGRAM:
AMOUNT FUNDED:
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 $300,000 or more in federal funds within one year,
regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with specific reference to OMB Circular A-133. The audit may
cover either Contractor's fiscal year during which this contract is in force or cover the .
period of this contract. The audit must be^prepared by an independent certified public
accountant, be. completed within(12) months following the end of the period being
audited and be submitted to .City within thirty (30) days of its completion. Costs of
preparation of this audit may be an allowable expenditure of federal funds in an amount
Proportional to that of the federal funds used in contractor's total agency operating
budget.
Signature
Date
EXHIBIT F
ORDINANCE NO.
REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE
POLICIES AND• DISADVANTAGED BUSINESS ENTERPRISE POLICIES
PREVIOUSLY ADOPTED; ADOPTING AN ORDINANCE TO REMEDY THE
UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES , AND TO
ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY'
BUSINESS . ENTERPRISE, AND WOMEN BUSINESS ENTERPRISE FOR
PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS
ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PARTICIPANTS TO
BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH
THE CITY REGULARLY SOLICITS; ADOPTING THE U. S . SMALL
BUSINESS ADMINISTRATION'S DEFINITION FOR A SIZE STANDARD ;
ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS
ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE
SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND
PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC.
GOALS; PROVIDING GENERALLY FOR THE PROCEDURES TO BE
FOLLOWED IN THE BID/PROPOSAL PROCESS; REQUIRING BIDDERS
TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE
RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS; ESTABLISHING
WAIVER OF GOALS PROCEDURES; ALLOWING FOR DEBARMENT FOR
MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE;
PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS , the City Council commissioned an Availability/Disparity
Study (Study) conducted by Browne, Bortz & coddington,
Inc. (BBC) and a Public Heating (Hearing) conducted by
Carl Anderson, Esq, and found disparities in the
utilization of minority and women business enterprises in
contracts awarded by. the City of Fort Worth (City) ; and
WHEREAS , the Study and Hearing found that discrimination occurred
in the major contracting areas (construction, purchasing,
and professional services) of the City of Fort Worth and
resulted in significant underutilization of minority and
women business enterprises ; and
WHEREAS, minority and women business enterprises have had and
continue to have difficulties in' obtaining financing,
banding, credit, insurance , and assistance programs have
not been effective in either remedying the effects . of
underutilization in City , contracting or in preventing
ongoing underutilization; and
WHEREAS , the Study and the Hearing . determined that race-neutral
alternatives for enhancing minority and women business
enterprise contracting are not completely sufficient; and
WHEREAS , the City has also been a passive participant in
discriminatory behavior practiced by private indu
�* t:
in the award of contr
within the relevant Marketplace
SECTION 2.
The ultimate goal of this ordinance is to remedy the effects
of past underutilization in the Marketplace by increasing the use
of minority and women business enterprises above the present low
level to one more comparable to their availability in -the Fort
Worth Marketplace. The City Council shall set an annual goal for
MBE and WBE participation in city procurement activities, based
upon the availability within the Marketplace. The initial goals,
based upon availability, shall be thirteen percent (13%) for
minority businesses and twelve percent (121) fot women businesses
and shall be reviewed as - provided for elsewhere herein. These
goals are not quotas. "
SECTION 3.
The provisions of this ordinance shall apply to all contracts
awarded by the City, 'except as may be hereafter specifically
exempted, and shall be liberally construed for the accomplishment
of its policies and purposes. Specific goals shall be established
in the areas of construction, professional services and purchases
of other goods and services. Goals may be set on individual
projects based on the type of work or services to be performed, or
goods to be acquired and the availability of minority and women
businesses in the City's Marketplace.
SECTION 4 .
The provisions of this ordinance shall be considered in
determining the responsiveness to specifications of offerors to
the bid/proposal. The City shall consider the offeror's
r3 r
responsiveness to this ordinance in the evaluation of
bids/proposals and shall award contracts to the lowest responsible
,offeror meeting the specifications, inclusive of compliance to this `
minority and women business enterprise ordinance. {
SECTION 5 . '
is
Debarment procedures shall be established for firms willfully
misrepresenting the facts in compliance with this ordinance to the K..
City.
SECTION 6 .
P
t4�
Waiver procedures to the regulations established in this
ordinance shall be provided for City procurement activities where
a public calamity requires the emergency expenditure of funds ; the
purchase of goods or services from source (s) where subcontracting I
or supplier opportunities are nonexistent; where an economic risk
or undue delay for the acquisition of goods or services will be
imposed on the City, or when the availability of minority and women
businesses is negligible.
SECTION 7 .
From and after the date this ordinance takes effect, it shall
supersede all previous City Council Policies affecting minority and
women business enterprise and disadvantage business enterprises .
SECTION 8 .
The City Manager, with the advice and counsel of the
Disadvantaged Business Enterprise Advisory Committee ( "DBEAC" ) in'
accord with City of Fort Worth Resolution NO- 1148 , is hereby
s i
authorized to establish, implement and administer regulations
necessary to carry out the .intent of this ordinance.
SECTION 9.
The City Council shall regularly, at least every three (3)
years, determine whether there is a continuing need for a•minority
and women business enterprise program, make relevant findings, and,
if necessary, repeal in whole or in part or enact appropriate
amendments to this ordinance.-
- SECT ON 10.
x �
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, arid, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
Any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 11.
This ordinance shall take effect and be in full force and
effect from on and after June 1, 1995; provided, however, that this
ordinance shall not affect any procurement activity where formal
solicitation began before the effective date of this ordinance, and
it is so ordained.
-5-
APPROVE,D 'AS TO FORM AND LEGALITY:
V
ity Att
Date:
ADOPTED: T ' �•.�
EFFECTIVE:
-Ilk IN-102-
ATTACHHENT I
I* DEFINITIONS :
I. "Bidder" means any person, firm, corporation, or partnership
which submits a bid or proposal to provide labor, goods or
services to the City for which City funds are expended. The
term includes "Offeror" as well as offers received from
providers of professional services.,
2 . "certified" means those firms, within the Marketplace, that
are certified_ by either the North Central Texas Regional
Certification Agency (NCTRCA) or the Texas Department of
Transportation °(TxDOT) ; highway -division.
3 . "City" means the City of Fort Worth, Texas.
4. • "Construction" means the erection, .rehabilitation, alteration,
conversion, extension, demolitign, impiz.ovement, remodeling or
repair to any real property;• including streets, • storm drains
and facilities providing utility service owned by the City.
• J
5. "Contract" means a binding agreement whereby the City either
grants a privilege or is committed to expend or does expend
.its funds or other resources for or in connection with a)
construction of any public improvement, and b) -purchase of any
services (including professional services) _ The term includes
"Purchase order" .
6. "Contract officer". means the person employed by the City to a
oversee the performance of the contract. .
7. "Contracting Department" means the department responsible for
payment of contract obligations.
8 . "Contractor" -means the person, firm, corporation, or
partnership with whom the City •has entered. into an agreement.
Includes the terms "Vendor" and "Prime Contractor":
9. "Coordinator" means the. administrator of the MBE/WBE Office.
10. "Good Faith Effort" means having: absence- of malice or any
intentions to deceive; good intentions and sincerity to meet
the cgoals of this ordinance. ' Documentation' submitted by the
bidders to explain why 'its good and • honest efforts did not
meet or exceed the stated MBE/WBE goals. Compliance -with each
of the folloVing steps shall satisfy the Good Faith Effort
requirement absent proof of fraud, misrepresentation, or
intentional discrimination by the 'bidder:
-7-
10. 1 . List each and every subcontracting and/or supplier
opportunity . for the completion of this project.
10. 2 . Obtain a current (less than two (2) months old from
the bid open date) list of M/WBE subcontractors
and/or suppliers from the City' s M/WBE Office.
10. 3 . Attend the pre-bid conference, if scheduled by the
City, and attempt to utilize M/WBEs that attended.
10 . 4•. Solicit bids from M/WBEs , within the subcontracting
and/or supplier areas previously listed, at least
ten days prior to bid opening by mail .
10 . 5 . Solicit bids from M/WBEs, within the subcontracting
and/or supplier areas previously listed, at least
ten days prior to bid opening by telephone.
10 . 6 . Solicit bids from M/WBEs, within the subcontracting
and/or supplier areas . previously listed, at least
ten days prior to bid opening by advertisement in a-
local newspaper.
10 . 7 . provide. plans and specifications or information
regarding the location of plans and specification
to M/WBEs .
10. 8 . Submit documentation if M/WBE bids were rejected on
the basis of quotation not being commercially
reasonable, qualifications, etc.
Note : If a . SIC code list of M/WBEs is five or less , the
bidder must contact the entire list to be in
compliance with 10. 4 and 10 . 5 . If a SIC code list
of M/WBEs is more than , five, the bidder must
contact at least two-thirds of the list but not
less than five to be in compliance with 10 . 4 and
10 . 5 .
Note : Bidders who continuously list the same M/WBEs when
contact has previously been unsuccessful as result
of disconnected numbers or returned mail , will not
be deemed in compliance with the Good Faith Effort ,
requirements .
11 . "Joint Venture" means an association of two or more persons or
businesses to carry out a single business enterprise for
profit for which purpose they combine their property ; capital ,
skills ; knowledge and management in an agreed to proportionate
share .
_g_
y t
12 . "Marketplace" means the geographic market area represented by
the Fort Worth/, Dallas Consolidated Metropolitan Statistical
Area.
4
13 . "Hinority" means a -citizen of the United. States or lawfully h-
admitted permanent resident who is Asian-American; American
Indian, Black or Hispanic.
14 . "Hinority Business Enterprise" is defined as a qualified
business concern located in the Marketplace or doing business
in the Marketplace at the time .of, bid opening or during
negotiations related to proposals meeting the following
criteria:.
a. which is at least 51 percent owned, by one or more
minority persons, or, in the case of any publicly owned 1
business, at least 51 percent of the stock is owned by E
one or fiore minority persons.; and
b. whose management and dally business operations are
controlled by one or more minority persons who 'own it;
and
C. meeting- the size standards set forth by SBA.
15. "Procurement'-' means the buying,• renting, leasing or otherwise
obtaining or acquiring any supplies, materials, equipment or
s er"vices.
16. "Prof e-ssional ° Services" means . services which require
predominantly mental or intellectual labor and skills,
includes, but is not necessarily. limited to, architects,
engineers, -surveyors, doctors, attorneys, and .accountants .
17. "Project Manager" see Contract Officer.
18 .. "Purchasingh means the buying, renting, leasing or otherwise
obtaining or - acquiring any supplies, materials, equipment or
.services excluding construction and professional services
previously defined.
19. '"Qualified". means an individual or business entity having
previously performed * or• received ° training in the work, •
industry or profession required.
20 . "size standard" is the average annual gross 'receipts fo.r a
..company and its affiliates for the previous three (3) fiscal
years which must riot exceed the amounts as defined by the
United states Small Business Administration's (SBA) standa'td
industry classification (sic) codes. These codes are outlined
in the most recent edition of SBA 49 CFR 23 . 62, Appendix B and
13 CFR 121. 401-407 and 601.
-9-
1,
21- "subcontract" means an agreement between the contractor and
another business entity for the performance of work.
22 . "Women Business Enterprise" is defined as a qualified business
concern located in the Marketplace or doing business in the
Marketplace at the time of competitive bid opening or during
negotiations related to proposals meeting the following
criteria :
a. which. - is at least 51 percent owned by one or more
women, or, in the case of any publicly owned business , at
least 51 percent of the stock is awned by one or, more
women; and
b. whose management and daily business operations are
.controlled by one or more women who own it.
C. meeting the size standards set forth by SBA .
II _ PROCPLAM GOALS
(A) City-wide goals for the utilization of minority business
enterprises (MBE) and women business enterprises (WBE) shall
be reviewed and approved annually by the City Council .
(1)_ The City Manager shall , on or before October 31 of each
year, beginning October 31,- 1996, conduct an analysis of the
availability of MBEs and WBEs and present to the City Council
an annual report on MBE and WBE availability and utilization.
Based on the availability of MBE/WBEs in the Marketplace and
the City ' s most recent goals attainment and with the advice
and counsel of the DBEAC; the city Manager shall recommend to
the City. Council reasonable goals for the remainder of the
current fiscal year .
.(2 ) These goals shall be expressed in terms of percentages of
the total dollar value of all contracts to be awarded by the
City;, and shall be established separately for categories of
construction, professional services, and purchasing as well as
any other categories that the City Council or City Manager
deem appropriate.
(B) Individual project goals shall be set by the M/WBE Office in
collaboration with the Contract officer and Risk Management
(where appropriate) prior to solicitation . These project
goals shall be reasonable and shall be based upon .
( 1) Specific subcontracting and/or materials oppor-unities
required to complete the project , and
-lo-
1
(2) The availability of MBE/WBE in the identified
subcontracting and/or materials opportunities in the
Marketplace.
(C) MBE/WBE participation shall be counted toward meeting MBE and
WBE goals in accordance with the following ,provisions:
(1) For the purpose of determining compliance 'with the goals
requirements established in this ordinance, businesses
will be counted as MBE and WBE only when they have been
certified as such prior to award of the ,bid or proposal.
(2), Any business (es) . listed by an offeror • which is not
certified prior to award of bid/proposal will have that
amount of participation deducted from the total MBE/WBE
utilization in order to determine the offeror's
responsiveness.' It 'is the responsibility of -the offeror
to sectire_•additional certified :or certifiable MBE/WBE
participation before re•sponsiv-en•ess to. this ordinance is
determined.
(3) The offeror may count toward its MBE or WBE cjoals first
and second . tier MBE and WBE subcontractors and/br.
suppliers. '
(4) The . off eror will be given credit toward the MBE/WBE
contract goal only when the MBE or WBE performs a.
commercially useful function. An MBE or WBE. is
considered to have. performed a commercially useful
function when:
a) it is responsible for -the execution of a distinct
element of the work by actually performing,
managing and supervising the work involved in
accordance with normal business practice; and
b) the. firm receives due compensation as agreed upon
for the work performed.
(5) Regardless � of whether an arrangement between the
eonttactor and the MBE/WBE represents standard industry
-practice, if the arrangement erodes the ownership,
control or independence of the MBE/WBE or does not-meet
the commercially*usefu.lfunction requirement, the offeror
shall receive no credit toward the goals .
(6) An offeror may count toward its MBE or WBE goal "cT. portion
Of the total dollar. value of a contract with a joint
venture equal to the- percentage of MBE or WBE participa-
tion' in the joint venture. The MBE or WBE involved in
the joint venture must be respornsible -for- a clearly
defined portion of the work to be performed, equal to a
-11-
share in the ownership, control, knowledge, management,
responsibility, risks, and profits of the joint-venture .
(7) Except for joint ventures, all prime contractors , whether
same be majority firms, MBE or WBE, shall comply with
this ordinance in order. to be considered responsive.
(8 ) The bidder may not count toward the goal any agreements r.
with MBE or WBE that are not located within the f
Marketplace or otherwise do not meet the guidelines as E
set forth in this section .
III . MBE. AND WBE UTILIZATION REQUIREMENTS
's
(A) In addition to the requirements set forth elsewhere, bid
conditions and requests for proposals shall include a
statement of both MBE and WBE goals established for the
project.
(B) Bid conditions, requests for proposals, and, all' other =
specifications for contracts to be awarded by the City shall
require that offerors make a good faith effort to subcontract
with or purchase supplies from MBE and WBE. Such
specifications shall require the offeror to meet or exceed the
stated goals or submit documentation of GFE for all contracts
of $25 , 000 or more to* permit a determination of compliance
with the specifications or requests for proposals .
(C) Construction and Professional Services contracts and such
other contracts which may be competed for under sealed
proposal procedures (estimated cost of $25 , 000 or more) and
Purchasing contracts (estimated cost of $15 , 000 or more) shall
be awarded and administered in accordance with the following
standards and procedures : .
( 1} Competitive bids shall include the MBE and WBE
specifications in the bid specifications . MBE and WBE
specifications consist of the SPECIAL INSTRUCTIONS TO
BIDDERS , AFFIDAVIT STATEMENT, MBE/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM and the GOOD FAITH EFFORT
FORM.
(a) The AFFIDAVIT STATEMENT shall be submitted with the
bid on the .bid opening date.
(b) The MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR
WAIVER FORM and/or the GOOD FAITH EFFORT FORM shall
be submitted to the contracting department-no later
than 5 : 00 p .m. , five (5) City business days after
bid opening date .
c;,l ; v.,
I�K
(c) An offeror that equals or exceeds the MBE and WBE
project goals , shall submit the MBE/WBE UTILIZATION
FORM.
(d) The PRIME CONTRACTOR WAIVER FORM shall be submitted
with any bid that includes no subcontracting
and/supplier • opportunities. If substantial
subcontracting and/or substantial supplier
opportunities. arise in the performance of a
contract awarded in reliance on the PRIME
CONTRACTOR WAIVER FORM] the contractor shall notify
the City before -subcontracts for work and/or
supplies are let and the contractor shall comply
with the requirements of this ordinance,
(e) GOOD FAITH DOCUMENTATION, incl4iding the GOOD FAITH
EFFORT FORM, shall be submitted with any b-id and/or
proposal -that fails to include MBE/WBE
participation that equals or exceeds the MBE/WBE
project goals .
(f) The submission of the applicable completed form(s)
within the allotted time will be considered when
determining the responsiveness of the bid. Failure
to comply with the bid specifications, inclusive of
the MBE and WBE specifications, shall :render the
bid - non-responsive.
(2) Other than responses to Requests for Proposals for those
professional services defined in Chapter 2254 of the
TeXas Government Code-, responses to Requests for
Proposals shall include a section which identifies the
particular MBEs and/or WBEs to be utilized in performing
the 'contract,.
(a)• Specify as `to MBEs and WBEs, the estimated
percentage* of the MRE and • WBE participation; the
type of work to be performed by the MBE or WBE, and
such other information as may • reasonably be'
required *to determine the responsiveness to the
Request for Proposal.
(b) Responses that do not meet or exceed the M-BE and
WBE utilization goals, as required by the ireqUest
for proposal, -must submit a GFE explanation.
Failure' to include such GFE explanation shall
render °the response non-responsive. -�
(3) Initial responses to requests for proposals for those
professional services defined in Chapter 2254 of the
. Texas Government Code shall not include a response to .
the requirements of this ordinance . The City shall
-13-
comply with the requirements of said Chapter and rank
the professional on the basis 'of demonstrated
competence and qualifications . During negotiating the
contract with the highest ranked professional , the
professional shall respond to this ordinance in the
manner specified in paragraph 2 (a) above .
(4) The GOOD. FAITH EFFORT documentation shall demonstrate the
Offeror' s commitment and honest efforts to utilize MBE
and _WBE. The burden of preparing and submitting the GF£
information is on the Offeror and will be evaluated as
part of the responsiveness to the bid or appropriate
proposal . Any willful misrepresentation of facts on the
documentation submitted will constitute a basis .for
classification as non-responsive and possible debarment.
( 5) The contracting department may request the MBE/WBE office
to waive the goal requirements of this subsection, or to
reduce the amount of the goals , for either or both
MBE/WBE, in accordance' with the provisions of the
Exceptions and Waivers section .
(D) The City' Manager , with the advice and counsel of the DBEA C in
accord with City of Fort Worth Resolution No. 1148 , shall
adopt regulations governing the purchase of goods and services
under $15 , 000 .
(E) In addition to such other requirements as may be set forth
elsewhere, the following shall apply to construction, profes-
sional service, discretionary service, and applicable
purchasing contracts awarded by the City:
(1) Contracts shall incorporate this ordinance by reference,
and shall provide that the failure of any bidder,
contractor or subcontractor to comply with this ordinance
shall be a material breach of contract .
( 2) During the term of any contract, any -proposed change or
deletion in MBE/WBE participation identified in the bid,
proposal or contract shall be reviewed by the MBE/WBE
Office to determine whether such change or deletion is
justified in accord with the immediate following two ( 2)
-paragraphs . Any unjustified change or deletion shall be
a material breach of the contract .
(3 ) Contracts shall require that during the term of the
contract, the contractor shall :
(a) Make no unjustified changes or deletions in its MBE
and WBE participation commitments submitted with
the bids , proposals or during negotiations ;
- L4-
(b) If substantial subcontracting and/or substantial
supplier opportunities arise during the term of any
contract that • the contractor represented to, the
City that the contractor alone would perform
required by the contract, the contractor shall
notify the City before subcontracts for work and/or
supplies are let and shall be required to comply
with the provisions of this ordinance; and
(c) Maintain records reasonably necessary for monitor-
ing their' compliance with the provisions of this
ordinance.
(4) The 'contiactor shall submit to the MBE/WBE Office for
approval a REQUEST FOR APPROVAL OF CHANGE FORM if, during
the terin. of• any contract, a contractor wishes to change
or delete one or more MBE and/or WBE• subcontractor's) :
(a) Within three (3) business days after- receipt by the
MBE/WBE Office, •the' Request shall be reviewed. The
Request shall be • approved if the change or
.deletions is justified. The following shall
cbns'titute justification for the requested
change or deletion:
(1) -an MBE or WBE's failure to provide workers'
compensation insurance ,evidence as required by
state law; or
(2) an MBE or WBE's failure to provide evidence of
general liability or other insiirahce under the
same or similar terms as contained in the
contract documents with 'limits of coverage no
greater than the lower of 1) the limits•
required of the contractor by the City; or 2)
the limits contained ° in the contractor' s
standard subcontract or supply agreements °used
on other projects 'of similar size ' and scope
• and within the contractor' s normal business
practice with non MBE or WBE subcontractor's
or suppliers; or
(3) an MSE or. WBE's ' failure to execute the
contractor's, standard subcontract form in the
amount. of the bid, if entering a subcontract
is required by the contractor in its normal
course of business; or
(4) an MBE o.r WBE's ,default in the performance of
the exeduted subcontract; and
-15-
. i
( 5) all MBE and WBE subcontractors previously
submitting bids for. the work are requested to
bid on the work, and, if reasonably
practicable . due to time constraints, the
contractor obtains bids from previously non-
bidding MBEs and WBEs , and no MBE or WBE
subcontractor submits the lowest bid .
(b) If the MBE/WBE Office approves the deletion of an
MBE or WBE and replacement by a. non-MBE or WBE,
such approval shall constitute a post award waiver
to the extent of the value of the deleted
subcontract .
(c) I.f the MBE/MBE office denies the Request for Change
or Deletion , the contractor may appeal the denial
to the City .Manager whose decision will be final.
NOTE: The contractor shall. "submit such documentation
as. may reasonably be .requested by the -MBE/WBE
Office to support the contractor's request.
The time between the request by the MBE/WBt
Office for additional documentation and the
delivery of such documentation shall not be
included within the time period that the
MBE/WBE Office is required to respond.
NOTE: Upon completion of the contract and within. ten
(10) days after receipt of final payment from
the City, the contractor shall provide the
MBE/WBE Office with documentation to reflect
the final participation of each subcontractor
and/or supplier used on the project, inclusive
of MBEs and WBts .
(5) Whenever contract , amendments , change order, or extra
work orders are made individually or in' the aggregate,
the contractor shall comply with the provisions of this
ordinance with respect to the alternates, amendment,
change orders , or extra work order .
(a) If the amendment, change order, or extra work
affects the subcontract of an MBE or WBE, such MBE
or Z,(BE shall be 'given the opportunity to perform
such amendment, change order or extra work.
(b) If the amendment, change order or extra. work is not
covered by any subcontract of like or similar work,
is work not to be performed by the contractor , and
the amount of such amendment, change order or extra
work exceeds ten . percent ( 100 ) of the original
contract amount, the contractor shall comply with
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V. PROGRAM ADMINISTRATION
(A) The •City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution No. 1148 , is
authorized to establish and implement the regulations set
'forth in this ordinance. The `MBE/WBE office shall be
responsible for the overall administration of the City' s MBE
and WBE Program, and its duties and responsibilities shall
include:
(1) Recommending' rules and regulations to effectuate this
ordinance; , ,
(2) Maintaining a current listing of certified WBE -arid MBE
for distribution internally and enternally on contracts;
(3) Providing information and needed assistance to MBE and
WBE to increase their ability to compete effectively, for
the award of City contracts;
(4) Investigating- alleged violations of this ordinance and
making written recommendations to 'appropriate City
authorities for remedial action when' appropriate;
(5) Developing and distributing all necessary forms, applica-
tions, and documents necessary to comply with this
ordinance;
(6) Reviewing, on a regular basis, the progress of depart-
ments toward achieving the : category goals for the
utilization of minority and women'-s business enterprises;
(7) Making recommendations to appropriate City staff
regarding methods to further the policies and goals of
this ordinance; `
y
(8) Determining MBE/WBE compliance on contracts before they
are submitted to the City Council for award;
(9) Maintaining accurate contract performance reporting
system; and -
(10) Compiling a report reflecting the progress in attaining
the City' s annual goals; quarterly and annually.
(B) It shall be the responsibility of the contracting department
to ensure that bids or proposals emanating from the department
adhere to the' procedures and provisions set forth . in this
ordinance .
(1) The department director or designee shall assume primary
responsibility for achieving the goals of this program
-18-
the provisions of this ordinance with respect to
such amendment, change order, or extra work.
IV. EXCEPTIONS AND WAIVERS
(A) If a bidder is unable to comply with the goal requirements
established in the Program Goals section of this ordinance,
such bidder shall submit one of the two forms listed below
within the allotted time .
(1) A Prime Contractor Waiver Form (Attachment 1B) is
submitted if the bidder will perform the entire contract
without subcontractors or suppliers.
(2) A Good Faith Effort Form (Attachment 1C) is submitted if
the bidder has subcontracting and/or supplier
opportunities but was unable to meet or . exceed the
project M/WBE goals.. The bidder will submit requested
documentation which demonstrates a good faith effort to
comply with the goals requirements as described in the
Program Goals section above.
(B) A contracting department may . request the MBE/WBE Office to
waive or modify the goal requirements for MBE and/or WBE by
submitting a Departmental Waiver Form in writing, prior to
solicitation of bids or proposals . The MBE./WBE Office ray
grant such a waiver , or reduction upon determination that :
(1) The reasonable and necessary requirements of the contract
render. subcontrac,ting or other participation of business
other than the bidder or proposer infeasible ; or
(2) A public or administrative emergency exists which
requires the goods or services to be provided with
unusual immediacy ; or
(3) Sufficient MBE and WBE providing the services required by
the contract are* unavailable in the market area of the
;project, despite attempts to locate them; or
(4 ) The application of the provisio:ns .of this ordinance will
impose an unwarranted risk on . the City or unduly delay
acquisition of the goods or services .
(5) Whenever the MBE/WBE Office denies a request to waive a
goal, the contracting department may appeal that denial .
to the City Manager whose decision on the request shall
be'- final .
-17-
and shall review, on a continuing basis, all aspects of
the program's operations to assure that the purpose is
being attained.
(2) The contracting department shall take the following
action to ensure that MBEs and WBEs have the maximum
opportunity to participate on city contracts:
(a) The advertisements for formal bids required to be*
advertised according to statute shall appear in
minority and women=targeted media, no less' than 30
days before bids- are due for' specific contracting
opportunities;
(b)' •A Written notification shall be sent to minority
and w•omeh trade associations, contractor's
-associations, and minority and women chambers of
commerce about the availability of formally
advertised contracting opportunities no less than
30 days before bids are due;
(c)' All contract solicitations shall include the MBE
and WBE policy;
.(d) All contracting opportunities shall be evaluated in
an effort to divide' the total requirements of a
contract to provide reasonable opportunities for
MBE acid WBE;
(e) ..For construction contracts, establish procedures to
ensure that all contractors submitting correct-
invoices are paid twice a month and that
subcontractors are paid * in accord with the
subcontract within five (5) business days after
receipt of payment; a contractor's failure to make-
payments within five (5) business days shall_
authorize the City to withhold future payments from '.
the contractor until compliance with this ordinance
is attained.
(f) Establish guidelines to ensure that a notice to
Proceed is »ot issued until signed letters, of
intent or executed agreements 'with the MBE and WBE
have been submitted;
(g) Ensure that all' required statistics and documenta-
tion are submitted to the M8EjWBE Office as
requested; and-
(h) If circumstances prevent the contracting department
from meeting. the thirty-day advertising and notifi-
cation requirements, the- contracting department
r
shall perform extensive outreach to MBE and WBE
associations or other relevant organizations to
inform them of the contracting opportunity.
VI_ CERTIFICATION
The City will recognize MBE and WBE that are certified by the Texas
Department of Transportation (TxDOT) , highway division, or the
North Central Texas Regional Certification Agency (NCTRCA) .
VII . CONTRACT MONITORING, •REPORTING, AND COXPL;IANCE
(A) The MBE/WBE Office shall monitor - compliance with these
requirements during the term of the contract . If it is
determined that there is cause to believe that a contractor or
subcontractor has failed to comply with any of the require-
ments of this ordinance, or the contract provisions pertaining..
to MBE and WBE utilization, the MBE./WBE Office shall notify
th.e contracting department and the contractor. '
The MBE/WBE Office shall attempt to resolve the noncompliance
through conciliation. If the noncompliance. cannot be
resolved, the Coordinator and the contracting department shall
submit 'written recommen.d.ations to the City Manager or
designee, and if the City Manager- concurs with the findings,
sanctions shall be imposed as stated in ordinance.
(B) Whenever the MBE/WBE Office finds , after investigation, that
a contracting department has failed to comply with the
provisions of this ordinance, a written finding specifying the
nature of the noncompliance shall be transmitted to- the
contracting department, and the MBE/WBE Office shall attempt
to resolve any noncompliance through conference and
conciliation. Should such attempt fail to resolve the
noncompliance, the Coordinator shall transmit a copy of the
findings of noncompliance , with a statement that conciliation
was attempted and failed, to the City Manager who shall take
appropriate action to secure compliance .
(C) The MBE/WBE Office may require such reports , information, and
documentation from contractors; bidders , contracting agencies,
and . the ' head ' of any department, division, , or office of the
City of Fort Worth, as are reasonably necessary to determine
com.pliance' with the requirements , within ten ( lo) days after
the notice of noncompliance .
(D) Contracting departments shall maintain accurate records for
each• contract awarded, including dollar value, the-nature of
the goods or services to be. provided, the name of the contrac-
tor awarded the contract, the efforts it employed to solicit.
bids from MBE and WBE, identifying for each its dollar value,
-20-
the nature of the goods or services provided, and the name of
the subcontractor.
(E). The City Manager, with the. advice .and counsel, of the DBEAC in
accord with City of FQrt Worth -Resolution No. 1148 ,- shall
submit an annual' report to the -City Council on the progress of
the ' City toward the utilization goals established by this
ordinance, ' together with an .identification of problems and
specific recommendations for improving the City's performance_
J
VIII . DEBARMENT
(A) The misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by an
.offeror will result in the offeror being determined to lae an
irresponsible offeror and barred • from participating in City
work for a period of time *of not less 'than three (G) . years.
(B) The MBE/WBE Office will send a written statement of facts and
a recommendation •for debarment to the City :Maliager. The
City Manager, after consultation with the Department of Law, ,
will make *the decision regarding debarment and send a
certified notice to the Offeror.
(C) An offeror that receives notification of debarment may appeal
to an Appeal •Board, . hereinafter created, by giving written
notice within ten (10) days from the date of receipt of the
debarment notice, to the City Manager of its regiiest for
appeal.
(D) An Appeal Board, consisting 'of not less than three members
appointed by the City Manager with the approval of the City
Council, will meet within• thirty (30) days from the date of
receipt of the request for appeal of debarment, unless Offeror
requests an extension of time. The Of f eror will be notif ied
of the meeting time and location.
(E) The Offeror will be afforded an opportunity to appear with
Counsel if they so desire, . submit documentary evidence, and
confront any person the City presents..
(F) The Appeal Board will render its decision not more than thirty
(30)' days of the hearing and send a certified notice to the
Offeror.
(G) w If the Appeal Board upholds the original debarment, the
Offeror may appeal to the City Council within ten (10) days
from the date of receipt of the Appeal Board's. decision by
giving written notice to the City Manager.
-21-
1
(H) The appeal will be placed on the City Council agenda within
thirty '(30) days from receipt of written notice, unless
Offeror requests an extension in writing.
(I) From the date of notification of debarment and during the
pendency of any appeal , the City will not consider offers
from, ..award contracts .to, renew or otherwise extend contracts
with, or contract directly or indirectly through subcontracts
with the Offeror pending. the Appeal Board 's decision.
IX. SEVERABILITY
If any provision of this attachment or ordinance, the application '
thereof to any person . or circumstance is held. invalid for any
reason in a court of competent jurisdiction, such invalidity shall
not affect the other' provisions of any other application of this
attachment or ordinance which can be given effect without the
invalid. provision or application, and to this end, all .the
provisions of this attachment or ordinance are hereby declared to
be severable.
-22-
CITY OF FORT WORTH ATTACHMENT I
HOUSING DEPARTMENT
_ SUBGRANTEE'S REQUEST FOR FUNDS
gency
Program Name:
Contract Number: Report Period:
r� Date of Request:
��i'"5 �1^ �i�3v.�'��'�s§,.�s'��`�^st...��, 'p�-a��i•;r��''.-_„•,�`�� �- ��Y?��}�1'i .Ll�" i1���"'�� � .�t����gar1V' ,..z�{'`.�w r�"�� .
CASH BALANCE ANALYSIS FOR
1. Beginning Cash Balance $ $
2. Amount Received:
Program Income g g
City of Fort Worth $ g
Interest Earned g $
3. Total Funds Available(1 +2) $ $
4. Less Expenditure(detail statement cost) $ $
5. ,ENDING CASH BALANCE (3-4) $ $
6. Estimated Expenditures $
7, Funds Needed(6-5) $
8. Less Estimated Program Income $
�. Unpaid Request for Payment Previously Submitted $
0.Amount of This Request(7-8 &9) $
.d n}
�r 4K ` .#,"-'a�d1`^3,_- ��� '_.r .;tR fr v'. .-i7 i�2��.�°S?:��....3.§r�''•- ez�.�—tea
x; r r z� %'*:a��'-'r��� ra,:� 'e '��. y5"=.'�' A"-.#` r �'"449L e s "'�'s 7-�s "•".�.�r.:+r
MARS-Purchasing Request
MARS INPUT: Vendor/PO Number/Requisition Number
Fund/Account/Center
Total Amount of this Request
1 112
Verification
A. Model BIocks Planner:
(Name)
B. Contract Manager:
(Namej
C. Accounting: / I
(Namo ,
Authorization
— Agency:
(Name)
3. Mgmt&Budget
Administrator
(Name)
fousing Director
IF OVER S8,500.00
.r .
CITY OF FORT WORTH ATTACHMENT If
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORTPERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT. BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516010
FICA . 518010
Life Insurance 518050
Health insurance . •518060
Unemployment-Federal 518090
Unem to ent Tax-State 518090
Worker's Comp 518040
Retirement . 518070
SUPPLIES
Office Su lies 521010
Ponta e 521020
Teaching Aids 522030
Food Supplies 522030
Other Operating Supplies 523300
CONTRACTUAL SERVICES
Telephone 535040
Electric •535020
Gas(Utility) 535010
Water/Waste Disposal 535030
Rent(Building) 537010
Custodial Services 539220
Office Equipment Rental 53 703 0
Printing 533030
Re airs -53600
Fidelity Bond 538210
Liabili• Insurance 534020,
Legal&Accounting 538060
Private Auto Allowance-Local 532130
kdvertisin 533010
'onferences&Seminars 531180
,ontractual Services 539120
ndirect Cost 517010
:APITAL OUTLAY
'urniture,Fixtures .541330
office Equipment 541370
roperty Insurance
OTAL
Sub-Contractors Certification: I certify that the costs incurred iie taken from the books of accounts-and that such costs are valid
and consistent with the terms of the agreement.
MME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
CITY OF FORT WORTH ATTACHMENT III
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
EXPENDITURES WORKSHEET
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORTPERIOD
CHECK
NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
1. 3
4
5
6
7
8
9.
10
11
12
13
14
15
161 1
7
8
9
0
1
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_
1E and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
ATTACHMENT IN
MONTHLY NARRATIVE REPORT
MONTH REPORTING
FROM: TO:
I _ ACCOMPLISHMENTS
1I . ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH:
III . - PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED:
IV_ ANTICIPATED ACTIVITIES DURING NEXT -MONTH:
PERFORMANCE REPORT
HOUSING DEPARTMENT
DAIT:
PROJECT: FUNDING YEAR:
�— Fe-male --r--Client Name $eaded Age Se Ethnicity Race H/ No. Annual Address
IIousehold Family Income
1. IlispanicfLaiino t�
2. Non_Hispanic/Latino
Race:
I. White 6. American Indian/Alaskan Native&White H
2. BlacidAfrican American 7. Asia&White
3. Asian 8. BlacWAiricart American&White �-
4. American ludianlAlaskan Native 9. American Indian/Alaskan Native&Black/African American
5. Native Hawad2ii/OtherPacificIslander 10. Other Multi-Racial
ATTACHMENT V
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made between,
("Owner") and ("Contractor"), on this
Day of , 2000 for the purpose of constricting ONE
single family dwelling (s) on a lot(s) provided by the "Owner" within the Corporate
limits of Fort Worth, TX ("Work").
*The lot site address is:.
*Its legal description is:
*Attach an Addendum for multiple units constructed.
The "Owner' Representative" (as defined below) shall compensate the Contractor a total
sttm of $ and no/100.
Payment shall be made in accordance with Article 9 of this Contract.
The date of Commencement shall be ; with a Completion date not to
exceed 120 Days ("Contract Time").
Owner and Contractor hereby agree to the following:
TERMS AND CONDITIONS
Article 1
GENERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
1.1(a). This Contract,,the Infill Program and Specifications for Constntetion of Single
Family Homes as a requirement of participating in the City.of Fort Worth Infill Housing
Program represent the entire and integrated agreement between the parties and are
together referred to as "Contract Documents".
1.1(b). The term "Wort:" shall mean the construction and services required including all
labor, materials, equipment and services provided by the Contractor to fulfill the
Contractor's" obligations and responsibilities under the Contract Documents.
1:.1(c ). The tern-i. Owner's Representative shall mean: the City of Fort Worth Housing
Department .Nvho provides administration of the Contract as described in the Contract
07J28/00
j
Documents. The Owner's Representative will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
1.1(d). This Contract may be amended or modified ONLY by a mutually agreed written
modification or in the form of a 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. A change order is a part of this Contract and the
Contract Documents.
1.1(e). The exhibits and addendum's attached together with the change orders are a part
of this contract and binding on all parties. Those items include but are not limited to,
Change Orders, Contractor's Application and Certificate for Payment, Contractor's
Affidavit of Payment of Debts and Claims, and the Certificate of Substantial Completion,
Drawings, and other Specifications.
Article 2
RESPONSIBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
2.1(2). If requested by the Contractor, the Owner shall furnish and pay for a survey and a
legal description of the site.
2.1(b). Except for permits and fees which are the responsibility of the Contractor under
the Contract Documents, the Owner shall obtain and pay for necessary approvals,
easements, assessments and charges.
2.2 OWNER'S RIGHT TO STOP WORK
If the Contractor fails to comply with the Contract terms, the Owner.or the Owner's
Representative may direct the Contractor in writing to stop the Work until the correction
is made.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within fourteen days (14) from the date of written notice
from the Owner or Owner's Representative to cure such default, the Owner or Owner's
Representative may, without prejudice to other remedies, cure such defaults. In such
case, a Change Order shall be issued deducting the cost of correction Trom payments due
Contractor. If the default is not reasonably susceptible to cure by Contractor within the
fourteen (14) day period, Owner will not exercise the option to terminate this agreement
so long as the Contractor has commenced to cure the default within the fourteen (14) day
period and diligently complete the work within a reasonable time.
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2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION/AWARD SEPARATE CONTRACTS
2.4(a). - The Owner reserves the right to perform constnlction or operations related to the
project with the Owner's own forces, and to award separate contracts in connection with
other portions of the project.
2.4(b). The Owner shall require the Contractor to coordinate and cooperate with separate
contractors employed by the Owner.
2.4(c ). The Owner shall require that costs by delays or by improperly timed activities or
defective construction be borne by the party responsible therefor.
2.5 If a defect occurs and if the Contractor does not dire the defect timely according to
the contract•.provisions the Owner may enter into a separate contract with a third party to
cure their defect. The contractor then shall timely reimburse the Owner for the cost of
contracting with the third party and the cost to cure the defect.
Article 3
RESONSIBILITIES OF THE CONTRACTOR
-3.1 EXECUTION OF THE CONTRACT - --
Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents.
3.2 REVIEW OF CONTRACT DOCUiIMENTS AND FIELD CONDITIOi`1S BY THE CONTRACTOR
The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner. Before commencing'activities, the
Contractor shall (1) take field measurements and verify field conditions; (2) carefully
compare this and other information known to the Contractor with the Contract
Documents; and (3) promptly report errors, inconsistencies or omissions discovered to
the Owner's Representative.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3(a). The 'Contractor shall supervise and direct the Work, using "Contractor's" best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods; techniques, sequences and procedures, and for coordinating
all portions of the Work.
3.3(b). The Contractor, as soon as practicable after award of the Contract, shall furnish in
Writing to the Owner through the Owner's Representative the names of subcontractors or
suppliers for each portion of the Work. The Owner's Representative will promptly reply
3 07/28/00
to the Contractor in writing if the "Owner" or the Owner's Architect, after due
investigation has reasonable objection to the subcontractors or suppliers listed.
3.3(c ). The Contractor will comply with Minority/Wornan Business Enterprise
(M/WBE) requirements as outlined in the "Specifications for Construction of Single
Family Homes". The Owner has a minimum goal of 40% of the dollar volume of the
contract for MWBE participation.
3.3(d). The Contractor will comply with all local building code's , ordinances and the
Model Energy Code,
3.4 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents, the Contractor 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. The Contractor-
shall deliver, handle, store, and install materials in accordance with manufacturer's
instructions.
3.5 WARRANTY
The Contractor warrants to the Owner and Owner's Representative that: (1) materials and
equipment furriished' under the Contract will be new and of good quality unless
otherwise required or permitted by' the Contract Documents; (2) the Work will be free
from defects not inherent in the quality required or permitted; (3) the Work will conform
to the requirements of the Contract Documents and the Contractor shall provide a ten year
warranty.
3.6 TAXES
The Contractor shall pay sales,.consumer, use and similar taxes that are legally required
when the Contract is executed.
3.7 INSURANCE
During the term of this contract and any extension there of, contractor shall maintain an y.
insurance policy with the following coverage:
3.7 (a) Commercial General Liability Insurance of a minimum of $1,000,000.00 per
occurrence.
3.7 (b) Business Auto Lability Insurance of a minimum of$1,000,000.00 each accident.
17 (c) Statutory Workers Compensation InSllrance including employer's liability.
3.7 (d) Builder's Risk Insurance to cover the property in the course of the project (against
fire, hail, theft, etc. of materials and incomplete construction).
3.7 (e)-In addition, the City of Fort Worth and Fort Worth Housing Finance Corporation J
shall be endorsed as an additional insured on all insurance policies.
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3.8 PERMITS, FEES AND NOTICES
3.8(n). The Contractor shall obtain.and pay for the building permit and other permits and
government fees, Iicenses and inspections necessary for proper execution and completion
of the Work.
3.8(b). The Contractor shall comply with the notices .required by agencies having
jurisdiction over the Work. If the Contractor performs work knowing it to be contrary to
laws, statutes, ordinances, building codes, and rules and regulations without notice to the
Architect, Owner's Representative and Owner, the Contractor shall assume full
responsibility for such Work and shall bear the attributable costs. The Contractor shall
promptly notify the Architect/Owner's Representative in writing of, any known
inconsistencies in the Contract Documents with such governmental laws, rules and
regulations. .
3.9 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Documents and the Owner.
3.10 SUBMITTALS
The Contractor shall promptly review, approve in writing and submit to the Owner's
Representative Shop Drawings, Product Data, Samples, and similar submittals required
by the Contract Documents. Shop Drawings, Product Data, Samples and similar
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly.
3.12 CLEANING UP
The Contractor shall keep the premises and surrounding'area free from accumulation of
debris and trash related to the Work.
3.13 SECTION 3 CLAUSE
Executive Order 11246 prohibits job discrimination on the basis of race, color, religion,
gentler, or national origin and requires affirmative action to assure equality of opportunity
in all aspects of employment. The Contractor also agrees to the following:
A. The work to be performed tinder this contract is on a project assisted tinder a program
providing direct Federal financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of Section 3 of the Housing
and Development Act of 1968, as amended, 12 U.S.C. 170 lti. Section 3 requires that
to the greatest extent feasible opportunities for training and employment be given
lower income residents of the project area and contracts for work in connection with
the project be awarded to business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
5 0 /28
1
B. The parties to this contract will comply with provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The parties to
this contract certify and agree that they are tinder no contractual or other disability
that would prevent them from complying with these requirements.
C. Contractor shall send to each labor organization or representative of workers with
which lie has collective bargaining agreement or other contract or understanding, if
any', a notice advising the said labor organization or workers' representative of his
commitments under Section 3 clause and shall post copies of the notice in
conspicuous places available to employees-and applicants for employment or training.
D. Contractor shall include this Section 3 clause ill every subcontract for work in
connection with the project and will, at the direction of the applicant or the recipient
of Federal financial assistance, take appropriate action, pursuant to the subcontract
upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development 24 CFR 135. The Contractor will not
subcontract with any subcontractor where it has notice or knowledge that the'latter
has been found in violation of regulations tinder 24 CFR 135 and will not let any
subcontract finless the subcontractor has first provided it with a preliminary statement
of ability to comply with the requirements of these regulations.
•'.'E. Compliance with the provisions of Section 3, the reculations set forth in 24 CFR 135,
and all applicable rules and orders of the Department issued thereunder prior to the
execution of"the contract, shall be condition of the Federal assistance provided to the
project, binding upon the applicant or recipient for such assistance, its successors, and
assigns. Failure to fulfill these requirements shall subject the applicant or recipient,
its contractors and subcontractors, its successors, and assigns to those sanctions
specified by the grant or loan abreement or contract through which Federal assistance .
is provided, and to such sanctions as are specified by 24 CFR 135.
3.14 INDEMNIFICATION
Contractor covenants and agrees to and does Hereby indemnify, hold harhiless and
defend, at its own expense, Owner's Representative, 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, directly or
indirectly, the work and services to be performed Iiereunder.by Contractor, its officers,
agents, employees, subcontractors, licensees or invitees, whether or not caused, in
whole or in Part, by . the alleged negligence of the officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees of the Owner's
Representative; and said Contractor does .hereby covenant and agree to assume all
liability and respoiisibility of Owner's Representative, its officers, agents, servants and
employees for any and all claims or'suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind or character, whether
real or asserted, arising otit of or in connection with, directly or indirectly, the work and
services to be performed hereunder by Contractor, its officers, agents, employees,
6 o7n_sioo
subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the
alleged negligence of the officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees of the Owner's Representative, Contractor
likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner's
Representative from and against any and all injuries, damage, loss or destruction to
property of Owner's Representative during the performance of any of the terms and
conditions of this Contract, whether arising out of or in connection with or resulting
from, in whole or in part, any and all alleged acts or omissions officers, agents,
servants, employees, contractors, subcontractors, licensees, invitees of Owner's
Representative.
Article 4
OWNER'S REPRESENTATIVE RESPONSIBILITIES
4.1 The Owner's Representative will visit the site at intervals appropriate to the stage of
construction to become generally familiar with the progress and quality of the Work.
4.2 The*Owrier's Representative will not have control over or be in charge of or be
responsible for construction means, methods, techniques, sequences or procedures, or for
-safety precautions and programs in connection with the Work, since these are solely the "
Contractor's responsibility. The 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 The Owner's Representative will have. the authority to reject Work that does not.
conform to the Contract Documents.
4.4 The Owner's Represen'tative's duties, responsibilities and limits of authority as
describes in the Contract Documents will not be changed without written consent of the
Owner.
4.5 Based on .the Owner's Representative's observations and evaluations of the
Contractor's Application for.Payment, the Owner's Representative will review and
certify the amounts due the Contractor.
4.6 The 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 The Owner's Representative will promptly interpret and decide matters concerning
performance under any requirements of the Contract Documents on written .request of
either the Owner or Contractor.
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4.8 The Owner's Representative require additional testing if necessary or minor change
order as provided in Section 6.3.
4.9 The Owner's Representative shall terminate the contract upon written approval by
Owner.
4.10 Interpretations and decisions of the Owner's Representative will be consistent with
the intent of and reasonably inferable from the Contract Documents and will be in writing
or in the form of drawings. When making such interpretations and decisions, the
Owner's Representative will endeavor to secure faithful performance by both Owner and
Contractor, will not show partiality to either and will not be liable for results of
interpretations or decisions so rendered in good faith.
Article 5
TESTING AND INSPECTIONS ,
5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities
having jurisdiction shall be made at an appropriate time. If the Owner's Representative
requires additional testing, the Contractor shall perform these tests.
5.2 The Owner shall pay for additional tests except for testing Work found to be
defective for which the Contractor shall pay.
Article 6
CHANGES IN THE WORK
6.1 After execution of the Contract, chances in the Work may- be accomplished by
Change Order or by order for a minor chancre in the Work. Tile Owner, without
invalidating the Contract, may order changes in the Work within general scope of the
Contract consisting of additions, deletions or other revisions, the Contract Sum and
Contract Time being adjusted accordingly.
6.2 The Owner's Representative will have the authority to order minor changes in the
Work not involving changes in the Contract Sum or the Contract Tirize and inconsistent
with the intent of the Contract Documents. Such changes shall be written orders and
shall be binding on the Owner and Contractor. The Contractor shall carry out such
written orders promptly.
63 If concealed or unknown physical conditions. are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to
equitable adjustment.
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Article 7
CORRECTION OF WORK
7.1 The Contractor shall promptly correct Work rejected by the 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. The
Contractor shall bear the cost of correcting such rejected Work.
7.2 Iii addition to the Contractor's other obligations including warranties under the
Contract, the Contractor shall, for a period of one year after Substantial Completion,
correct work not conforming to the requirements of the.Contract Documents.
7.3 If the Contractor fails to cure the default in accordance with Section 2.3, Owner may
cure it and the Contractor shall reimburse the Owner for the cost of correction.
Article 8
TIME
8.1 Time limits stated in the Contract Documents are of the essence of the Contract.
8.2 If the work is delayed at any time by change orders, labor disputes, fire, unusual
delay in deliveries, unavoidable casualties or other causes beyond the, Contractor's
control, the Contract Time shall be extended by Change Order.for such reasonable_time
as the Owner's Representative may determine.
Article 9
PAYMENTS AND COMPLETION "
9.1 CONTRACT SUM
The Contract Sum stated in the Contract, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the `York under the
Contract Documents. A 10% retainage will be required for all projects exceeding
$4000.00.
9.2 APPLICATIONS FOR PAYMENT
9.2(a). At least ten (10) days before the date established for each progress payment, the
Contractor shall submit to the Owner's Representative an itemized "Application for
Payment" for-operations completed in accordance with the values stated in the Contract.
Such application shall be supported by data substantiating the Contractor's" right to
9 07/28/00
i +. l
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). The Contractor warrants that title to all Work covered by an Application for
Payment will pass to the Owner no later than the time of payment. The Contractor
further warrants that upon submittal of an Application for.Payment, all Work for which
Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowleclge, information and belief, be free
and clear of liens, claims, security interests or other encumbrances adverse to the Owner's
interests.
9.2(c). The Owner's Representative will, within seven days .after receipt of the
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 determir*
is properly due, or notify the Contractor and Owner in writing of the Owner's
Representative's reasons for withholding payment in part or in whole.
9.3 PROGRESS PAYMENTS
9.3(a). After the Owner's Representative has issued a Request for Payment, the Owner
shall make payment based on a Percentage of Completion schedule provided to the
Owner by the Contractor. This schedule requires mutual agreement evidenced by
signatures representing "both"parties which shall become a part of this Contract.
9.3(b). Upon receipt of payment from the Owner the Contractor shall promptly pay each
Subcontractors and material suppliers, out of the amount.paid to the Contractor based on
the work completed.
9.3(c). ,Neither the Owner or the Owner's Representative shall have the responsibility for
the payment of money to subcontractors or material suppliers.
93(d). A RegUe'st for Payment, progress payment, or partial or entire use or occupancy
of the project by the Owner shall not constitute acceptance of Work performed if it is not
in accordance with the requirements of the Contract Documents.
9.4 FINAL COMPLETION AND FINAL PAYMENT
9.4(a). Upon receipt of a final Application for Payment with all required documents, the
Owner's Representative will inspect the Work. When the Owner's Representative finds
the Work acceptable and the Contract frilly performed, the Owner's Representative.will
promptly issue a final Request for Payment.
9.4(b). Final payment shall not become due until the Contractor submits to the Owner's
Representative releases and waivers of liens, and data establishing payment or
satisfaction of obligations, Such as receipts, claims, security interests or encumbrances
10 07/28/00
1
arising o�it of the Contract and any other documents, certificates, surveys or warranties
required by 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.
Article 10
SAFETY PRECAUTIONS AND PROGRAMS
10.1 The Contractor shall be responsible for initiating, maintaining, and supervising all
safety precautions and programs, including all those required by law in connection with
performance of the Contract. The Contractor shall promptly remedy loss and damage to
property caused in whole or in part by the Contractor, a subcontractor, anyone directly or
indirectly employed by their or anyone for whose acts they may be liable.
Article 11
TERMINATION OF THE CONTRACT
11.1 TERMINATION BY THE CONTRACTOR
If the Owner fails to make payments when due or breaches any other terms of this
Contract, the Contractor may terminate the Contract, upon written notice to the Owner,
and recover from the Owner payment for Work executed and for proven loss with respect
to materials; equipment, tools, construction egiiipmeizt and machinery, including
reasonable overhead, profit and damages.
11.2 TERMINATION BY THE OWNER
11.2(x). The Owner or the Owrier's Representative upon written consent from Owner,
may terminate the .Contract if the Contractor:
1. consistently, persistently or repeatedly refuses or fails to .supply enough
properly skilled workers or proper materials;
2. fails to make payments to subcontractors for materials or labor in
accordance with the respective agreements between the Contractor and the
subcontractors;,
3. violates federal, state or local laws, ordinances, rules, regulations or orders
of a public authority having jurisdiction; or
4. is otherwise in breach of a provision of the Contract Documents.
11.2(b). When any of the above reasons exist, the Owner , after consultation with the
Owner's Representative, may without prejudice to any other rights or remedies of the
Owner and after giving the Contractor and Contractor's surety if any, written notice,
terminate the employment of the Contractor and may:
1. take possession of the site and of all materials thereon owned by the
Contractor;
2. finish the Work by whatever reasonable means or method the Owner may
deem expedient.
11.2(c). When the Owner or Owner's Representative terminates the Contract for one of
the reasons Iisted in II.2(a), the Contractor shall not be entitled to receive further
payment until all the Work is completed and accepted.
11.2(4). If the unpaid balance of the Contract Sum exceeds costs to finish the Work, such
excess shall be'paid to the- Contractor. - If such costs exceed the unpaid balance; the
Contractor shall pay the difference to the 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
GOVERNING LAW
13.1 This Contract shall be governed by and construed in accordance with the laws of the
State of Texas.
Article 14
PERFORMANCE OF CONTRACT
14.1 The obligations under the terms of the contract are performable in Tarrant County,
Texas.
Article 15
VENUE
15.1 The parties hereto hereby consent that venue of any action brought under this
Contract shall be in Tarrant County, Texas.
12 0708/00
Article 16
SEVERABILITY
16.1 If one or more of the provisions of this Contract is held invalid, unenforceable or
illegal in any respect, the remainder of the Contract shall remain valid and in frill force
and effect.
IN WITNESS WHEREOF, the parties hereto, have executed this Contract in Fort Worth,
Tarrant County, Texas, this day of A.D. 2000.
Owner
Contractor Title
By:
Acknowledged by:
For City of Fort Worth Housing
Department as Owner's Representative
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i
ADDENDUM #1
A minimum of five() inspections are required;
(1) FIRST REQUIRED INSPECTION
Foundation- No concrete shall be placed without the steel, poly, plumbing and beams
inspection. After inspection is completed and the slab is poured the 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, roofing and siding
is completed. The contractor will receive the second draw in the amount of 18% of the
contract price.
(3) THIRD REQUIRED INSPECTION
An inspection is required after the brick, windows, electrical rough-in, plumbing top-out,
hvac rough-in and the wall insulation is 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
An inspection is required after the installation of the dry`,vall, tape/ bed/ texture, trim-out, .
interior and exterior paint, floor coverings, cabinets and counter tops and the plumbing
trim-out is completed. The contractor will receive the fourth draw in the amount of 18%
of the contract price.
(5) FIFTH REQUIRED INSPECTION
Final inspection- All finish work completed. Drive and approach, grading, electrical,
hvac, attic insulation and the Building card has been completely signed off as being
complete. The contractor will receive the fifth draw in the amount of 18%0 of the contract
price.
RETAINAGE
The 10% retainage will be released after completion of the punch list and installation of
the appliances.
Contractor shall give Owner's representative a three (3) day notice to schedule the
required inspections.
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ADDENDUM 92
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 (e) CONSTRUCTION DRAWS
Progress payment shall coincide with the five (S) required inspections.
ADDENDUM 43
PROPERTY:
`The following items are to be included in the contract for construction:
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer lines from tap to house
2-10 Home Buyers Warranty
15 07/28/00
ATTACHMENT VI
REQUEST FOR INSPECTION
Agency: Construction Contractor:
Property Address: Contractor's Address:
City State City State
Draw No.: Amount Requested: $
Date: Check funding source below:
HOME:
CDBG:
******************************************************************************
Agency: I hereby request an inspection on
To receive payment in the above amount.
Agency's Signature: Date:
******************************************************************************
Housing: I hereby agree that the work stated by the contractor has been accomplished and
approve payment to the contractor in accordance with this inspection. It is
understood that the actual amount to be disbursed is based on the findings of this
inspection. I approve payment in the amount of $
Housing Program Manager Signature: Date:
******************************************************************************
Inspection Conducted By:
I hereby certify that all work is completed as indicted on the contractor's draw
request.
Inspector's Signature: Date:
Amount Due Based On Work Completed: $
******************************************************************************
Amount: $ Retainage: $
City of f Fort Worth, Texas
4"Cluor and council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/3/02 **G-13716 05HOME 1 of 2
SUBJECT REALLOCATION OF COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
FUNDS
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the reallocation of $130,000.00 in HOME Community Housing Development Organization
(CHDO) Funds, as follows:
• $50,000.00 in 1997 and 1999 HOME CHDO Support Funds for the United Riverside Rebuilding
Corporation (URRC); and
• $50,000.00 in 2001 HOME CHDO Support Funds for Polytechnic Community Development
Corporation (PCDC); and
• $30,000.00 in 1997, 1999, 2001 and 2002 HOME CHDO Predevelopment Loan Funds for the
PCDC; and
2. Authorize the City Manager to execute contracts with the URRC, not to exceed $50,000.00, and
with PCDC, not to exceed a combined total of $80,000.00 as described above; and
3. Authorize a contract performance review for a period up to 12 months to begin on the date of
contract execution; and
4. Authorize the City Manager to amend the contracts, 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 among federal, state,
local government, non-profit and for-profit agencies that build, own, manage, finance and support low-
income housing initiatives. HOME Participating Jurisdictions (PJs), such as the City of Fort Worth, are
particularly encouraged to work with existing community-based, non-profit housing organizations, such
as URRC and the PCDC.
To ensure this participation, a minimum 15% of a PJ's HOME funds must be set-aside to be used for
CHDOs, and up to 5% may be set aside to fund the CHDO's operating expenses. CHDOs are certified
by the City of Fort Worth according to specific eligibility criteria. Commitments of HOME funds must be
made according to a timetable established by the U.S. Department of Housing and Urban Development.
The current balances in the City's CHDO funds are as follows:
• CHDO Program and Predevelopment Loan Fund (15% set-aside) $538,457.27
• Program Fund ($484,611.54)
• Predevelopment Loan Fund ($ 53,845.73)
• CHDO Support Fund (5% set-aside for operating expenses) $323,295.67
Total $861,752.94
City of Fort Worth, Texas
4relvor and coun R c
DATE REFERENCE NUMBER LOG NAME PAGE
9/3/02 **G-13716 05HOME 2 of 2
SUBJECT REALLOCATION OF COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
FUNDS
A Notice of Fund Availability (NOFA) was issued recently to include this year's HOME CHDO funding.
CHDOs can apply for available funds until they run out. The following proposals were received and
reviewed by the Housing Department staff and recommended for funding:
CHDO SCOPE OF WORK SUPPORT FUNDS
United Riverside Rebuilding Operating funds to develop 50 senior housing
Corporation units in the Riverside Model Blocks area $ 50,000.00
Polytechnic Community Operating funds $ 50,000.00
Development Corporation Predevelopment funds to develop a
single-family or multi-family project in the
proposed Polytechnic Heights/Wesleyan
Neighborhood Empowerment Zone $ 30,000.00
Total $130,000.00
On August 13, 2002, the above proposal was endorsed by the Economic and Community Development
Committee for City Council approval.
The proposed URRC project is located in COUNCIL DISTRICT 8, and the PCDC project is located in
COUNCIL DISTRICTS 5 and 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, as appropriated, of the Grants Fund.
RR:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR76 539120 005206113180 $17,844.00
Reid Rector 6140 GR76 539120 005206128200 $32,116.00
Originating Department Head: GR76 539120 005206698150 $50,000.00
GR76 539120 005206113190 $ 3,000.00
GR76 539120 005206128210 $ 2,458.20
GR76 539120 005206698160 $ 2,667.53
GR76 539120 005206772090 $21,874.27
Jerome Walker 7537 (from) APPROVED 09/03/02
GR76 539120 005206113020 $17,884.00
Additional Information Contact: GR76 539120 005206128020 $32,116.00
GR76 539120 005206698020 $50,000.00
GR76 539120 005206113170 $ 3,000.00
GR76 539120 005206128220 $ 2,458.20
GR76 539120 005206698140 $ 2,667.53
Jerome Walker 7537 GR76 539120 005206772200 $21,874.27