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Home My WebLink AboutContract 45042-A2 CITY SECRETARY CONTRACT SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45042 WHEREAS, on October 25, 2013 the City of Fort Worth("City") and Fort Worth Housing Finance Corporation ("Developer") made and entered into City Secretary Contract No. 45042 (the "Contract) as authorized by the City Council in M&C's C-23887 adopted on November 3, 2009; and C-24444 adopted on September 14, 2010; WHEREAS, the funding provided to Developer in the Contract was from a grant received by the City from the United States Department of Housing and Urban Development ("HUD") through the HOME Investment Partnership Program, Catalog of Federal Domestic Assistance No. 14.239 ("HOME funds"); WHEREAS, the purpose of the Contract was to provide $988,870.00 in the form of a forgivable deferred payment loan of HOME Funds for acquisition of lots and construction of up to 10 single family houses in the Terrell Heights Neighborhood that will be available for sale to low and moderate income homebuyers; WHEREAS, City and Developer made and entered into City Secretary Contract No. 45042-A1 to amend the Completion Deadline and dates listed in Exhibit "C" – Construction and Reimbursement Schedule due to construction delays; WHEREAS, the Developer has selected a new contractor and has requested a second amendment to the Completion Deadline and to the Phase IV Completed Date listed on Exhibit "C" - Construction and Reimbursement Schedule Revised 01/2016; and WHEREAS, it is the mutual desire of City and Developer to amend the Contract to meet Contract objectives. NOW, THEREFORE, City and Developer hereby agree to amend the Contract as follows: I. Completion Deadline means December 31, 2018. Exhibit "C"—Construction and Reimbursement Schedule attached to the Contract is hereby replaced with the attached Exhibit "C"—Construction and Reimbursement Schedule Revised 11/2017. II. 45 7 8 9j This Amendment is effective as of the Effective Date of the Contract. J OFFICIAL RECORD N CITY SECRETARY1ss�s�P4 FT.WORTHo TX yrs ti� HOME DEVELOPER CONTRACT CSC Nd ASBALAI 15 V Fort Worth Housing Finance Corporation—Terrell Heights Rev. 11/17 III. All terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Contract. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] HOME DEVELOPER CONTRACT CSC No.45042-A2 Page 2 Fort Worth Housing Finance Corporation—Terrell Heights Rev. 11/17 ACCEPTED AND AGREED: ATTEST: CITY OF FORT WORTH By: -7 , C y SecreWn Fernando Costa,Assistant City Manager M&C C-2388 P" Date: November 3, - Date:_ IAIIIZ17 M&C C-24444 ' _ Date: September 14, *1 6... ROVED AS .i.O FO 'i.AtiL.ITY: Paige Mebane,Assistant City Attorney I Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Chad LaRoque, Acting Housing Development and Grants Manager 0 8 � �- Date DEVELOPER: FORT WORTH HOUSING FINANCE CORPORATION, a Texas housing finance corporation By: Au rey Tha d,Assistant General Manager Date: OFFICIAL RECORD CITY SICRETARY FT.WORTH,rX HOME DEVELOPER CONTRACT CSC No.45042-A2 Page 3 Fort Worth Housing Finance Corporation—Terrell Heights Rev. 11/17 EXHIBIT"C" CONSTRUCTION AND REIMBURSEMENT SCHEDULE FORT WORTH HOUSING FINANCE CORPORATION REVISED 11/2017 Activity HOME Funds PHASE I ACTIVITIES: HOME Contract signed Pre-Development Soft Costs for project(up to 10 houses) ■ Pre-Construction Activities ■ Project Planning Activities ■ Legal Fees $98,170.00 ■ Architectural and Engineering Fees ■ Appraisal Fees ■ Loan Application Fees PHASE I COMPLETE Contractor/Subcontractor/Vendor searches under the Federal System for Award Management(w�N w.sammgov)must be $98y170.00- by:December 15,2013 submitted prior to any reimbursement under PHASE I. : PHASE II ACTIVITIES: Acquisition and Construction Lot Acquisition(Approx.$13,450.00 each) $40,350.00 of up to 4 Houses Hard Construction Costs(Approx.$130,000.00 each) • Sheetrock/Brick ■ Interior Trim/Paint $390,000.00 ■ Flooring • Mechanical Trim/Grading Landscaping ■ Final Trim/Appliances and Fixtures/Fencing Construction Completed $0 Punch List/Final Inspections by NSD Inspectors $0 HOME DEVELOPER CONTRACT CSC No.45042-A2 Page 4 Fort Worth Housing Finance Corporation—Terrell Heights Rev.11117 EXHIBIT"C" Confirm that buyers are HOME Eligible Buyers $0 Prior to reimbursement,City must confirm that the buyers have met the HOME requirements which include receiving at least$1,000.00 of down payment/closing cost assistance from the City's Homebuyer Assistance Program. (Holdback$5,000.00 each) $15,000.00* *Exhibit"G"-Project Compliance Report:Rental Housing must be submitted to the City prior to reimbursement for Final Payment or of any Holdback amounts. PHASE II COMPLETE Contractor/Subcontractor/Vendor searches under the Federal by:July 30,2016 System for Award Management (wwwsam.l_ovJ must be $445,350 00 submitted prior to any reimbursement under PHASE II. PHASE III ACTIVITIES: Acquisition and Construction Lot Acquisition(Approx.$13,450.00 each) $40,350.00 of up to 4 Houses Hard Construction Costs(Approx.$130,000.00 Each) ■ Sheetrock/Brick ■ Interior Trim/Paint $390,000.00 ■ Flooring ■ Mechanical Trim/Grading/Landscaping Final Trim/Appliances and Fixtures/Fencing Construction Completed $0 Punch List/Final Inspections by NSD Inspectors $0 Confirm that buyers are HOME Eligible Buyers $0 Prior to reimbursement,City must confirm that the buyers have met the HOME program requirements which include receiving at least $15,000.00* $1,000.00 of down payment/closing cost assistance from the City's Homebuyer Assistance Program. Holdback$5,000.00 each) HOME DEVELOPER CONTRACT CSC No.45042-A2 Page 5 Fort Worth Housing Finance Corporation—Terrell Heights Rev.11/17 EXHIBIT"C" *Exhibit"G"-Project Compliance Report:Rental Housing must be submitted to the City prior to reimbursement for Final Payment or of any Holdback amounts. PHASE III COMPLETE Contractor/Subcontractor/Vendor searches under the Federal System for Award Management (www.sam.<gov) must be $445,350.00 by:March 30,2016 submitted prior to any reimbursement under PHASE HI. PHASE IV ACTIVITIES will be funded with any remaining HOME funds and Sales Proceeds resulting from sale of houses constructed in PHASE II and PHASE III. PHASE IV ACTIVITIES: Lot Acquisition(Approx.$13,450.00 Each) Construction of 4 Houses Hard Construction Costs(Approx.$130,000.00 Each) ■ Sheetrock/Brick ■ Interior Trim/Paint ■ Flooring ■ Mechanical Trim/Grading/Landscaping Final Trim/Appliances and Fixtures/Fencing Construction Completed Punch List/Final Inspections by NSD Inspectors Confirm that buyers are HOME Eligible Buyers Prior to reimbursement,City must confirm that the buyers have met the HOME program requirements which include receiving at least $1,000.00 of down payment/closing cost assistance from the City's Homebuyer Assistance Program. (Holdback$5,000.00 each) *Exhibit"G"-Project Compliance Report:Rental Housing must be submitted to the City prior to reimbursement for Final Pavment or of any Holdback amounts. HOME DEVELOPER CONTRACT CSC No.45042-A2 Page 6 Fort Worth Housing Finance Corporation—Terrell Heights Rev.11/17 EXHIBIT "C" PHASE IV COMPLETED Contractor/SubcontractorNendor searches under the Federal by:December 31,2018 System for Award Management (www.sam.Lov) must be $TBD submitted prior to any reimbursement under PHASE IV. TOTAL HOME FUNDS AWARD $988,870.00* *Developer will be reimbursed for eligible expenses only. The amounts are estimates and are subject to change. Developer must submit Reimbursement Requests and Complete Documentation to City within 60 days from each of the deadlines above in order to be reimbursed. Failure to timely submit Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. HOME DEVELOPER CONTRACT CSC No.45042-A2 Page 7 Fort Worth Housing Finance Corporation—Terrell Heights Rev.11/17 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fob RTH COUNCIL ACTION: Approved on 11/3/2009 DATE: 11/3/2009 REFERENCE C-23887 LOG NAME: 17HFC_TERRELLHTINFILL NO.. CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize the Transfer of$500,000.00 of HOME Investment Partnership Grant Funds to the Fort Worth Housing Finance Corporation for Infill Housing in the Terrell Heights Neighborhood and Authorize the Execution of a Contract RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of funds in an amount not to exceed $500,000.00 from HOME Investment Partnership Grant Funds to the Fort Worth Housing Finance Corporation to be used for targeted infill housing in the Terrell Heights neighborhood; 2. Authorize the City Manager, or his designee, to execute a contract with the Fort Worth Housing Finance Corporation for the project with a two year term beginning on the date of execution of the contract; 3. Authorize the City Manager, or his designee, to extend or renew the contract for up to one year if the Fort Worth Housing Finance Corporation request an extension and such extension is necessary for completion of the project; and 4. Authorize the City Manager, or his designee, to amend the contract if necessary to achieve project goals provided that the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing the use of federal grant funds. DISCUSSION: In the City's 2009-2010 Annual Action Plan submitted to the United States Department of Housing and Urban Development(HUD), the City proposed the allocation of$500,000.00 of its HOME Investment Partnership (HOME) Grant funds for targeted infill housing in the Terrell Heights neighborhood located in southeast Fort Worth bounded by Rosedale on the south, Interstate Highway 35 on the west and Hattie Street on the north. HUD approved the allocation of HOME funds for this project. The entire area has an historic overlay and is adjacent to the Evans and Rosedale Urban Village. Due to the large number of vacant lots, proximity to Downtown and location in a Neighborhood Empowerment Zone (NEZ), staff has targeted this neighborhood for the construction or reconstruction of single-family, quality, accessible, affordable housing. Staff recommends executing a contract with the Fort Worth Housing Finance Corporation (FWHFC) to use up to $500,000.00 in the City's HOME funds for the acquisition of lots and improved properties for the construction or reconstruction of up to five houses. The FWHFC will issue a Request for Proposal (RFP)for the construction or reconstruction of the houses. This project will conform to the City's Minority and Women Business Enterprise (M/WBE) ordinance. In accordance with the HOME regulations, 24 CFR Part 92 et seq., the purpose of this project is to benefit low and very-low income citizens by providing them with affordable housing. This expenditure of HOME funds is conditioned upon satisfactory completion of the environmental review per 24 CFR - ' �s.cfwnet.org/council_packet/mc review.asp?ID=12532&councildate=11/3/2009 12/8/2017 M&C Review Page 2 of 2 Part 58 and the authorization to use grant funds from HUD. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 2) R109 476076 005109005117 $500,000.00 GR76 538040 017206351060 $500,000.00 R109 539120 005109005117 $500,000.00 Submitted for City Manager's Office by: Thomas Higgins (6140) Originating Department Head: Jay Chapa (6192) Additional Information Contact: Cynthia Garcia (8187) Janay Tieken (7550) ATTACHMENTS Terrell Heights Neighborhood.JPG http://apps.cfwnet.org/council_packet/mc review.asp?ID=12532&councildate=11/3/2009 12/8/2017 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F oRTWoRTH COUNCIL ACTION: Approved on 9/14/2010 DATE: 9/14/2010 REFERENCEC-24444LOG 17HFC TERRELLHTINFILLADDITIONALFUNDS NO.: NAME: — CODE: C TYPE: NOW PUBLIC NO CONSENTHEARING: SUBJECT: Authorize the Transfer of an Additional $488,870.00 of HOME Investment Partnerships Program Grant Funds to the Fort Worth Housing Finance Corporation for the Development of Single Family Homes in the Terrell Heights Neighborhood for a Total Not to Exceed $988,870.00 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the transfer of an additional $488,870.00 of HOME Investment Partnerships Program Grant Funds to the Fort Worth Housing Finance Corporation to be used for targeted infill housing in the Terrell Heights neighborhood. DISCUSSION: The United States Department of Housing and Urban Development(HUD) approved the City's 2009- 2010 Action Plan which allocated $500,000.00 of its HOME Investment Partnerships Program Grant funds for targeted infill housing in the Terrell Heights neighborhood. On November 3, 2009,the City Council approved a contract with the Fort Worth Housing Finance Corporation (FWHFC)for construction of single family infill houses in Terrell Heights and the transfer of the HOME funds (M&C C-23887). The FWHFC Board approved a resolution to enter into a contract with the City and to accept the$500,000.00 in City HOME funds on November 3, 2009 (Resolution No. FWHFC-2009- 12). The Terrell Heights neighborhood is located in southeast Fort Worth bounded by Rosedale on the south, Interstate Highway 35 on the west and Hattie Street on the north. The City has allocated an additional $488,870.00 of HOME funds in its 2010-2011 Annual Action Plan for a total of$988,870.00 for the project. The FWHFC Board approved a resolution accepting the addtional HOME funds for the project on June 8, 2010 (Resolution No. FWHFC-2010-09). Staff recommends that the contract with the FWHFC be for an amount not to exceed $988,870.00 of the City's HOME funds. It is estimated that the project will produce 11 single family houses to be sold to HOME-eligible buyers. The FWHFC will issue a Request for Proposal (RFP) for the construction or rehabilitation of the houses. This project will conform to the City's Minority and Women Business Enterprise (M/ BE) ordinance. In accordance with the HOME regulations, 24 CFR Part 92 et seq., the purpose of this project is to benefit low and very-low income citizens by providing them with affordable housing. This expenditure of HOME funds is conditioned upon satisfactory completion of the environmental review per 24 CFR Part 58 and the authorization to use grant funds from HUD. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers http://apps.cfwnet.org/cou.iicil_packet/mc review.asp?ID=13934&councildate=9/14/2010 12/8/2017 M&C Review Page 2 of 2 2) R109 451727 005109005117 $488,870.00 GR76 539120 017206461060 $488,870.00 Submitted for City Manager's Office by: Thomas Higgins(6140) Originating Department Head: Jay Chapa (6192) Cynthia Garcia (8187) Additional Information Contact: Fabiola Suarez (6811) ATTACHMENTS Terrell Heights Neighborhood.JPG http://apps.cfwnet.org/council_packet/mc review.asp?ID=13934&councildate=9/14/2010 12/8/2017