HomeMy WebLinkAboutContract 48114-A1 CITY SECRETARY
CONTRACT N0. f _
C; �p�1 FIRST AMENDMENT TO LEASE AGREEMENT
4� WITH UNITED COMMUNITY CENTERS,INC.
G�taSEGQ� (CITY SECRETARY CONTRACT NO. 48114)
This First Amendment to Lease Agreement (hereinafter referred to as "Amendment") is
made to be effective as of Contract Date (as hereinafter defined), by and between the landlord,
City of Fort Worth, a Texas municipal corporation ("City") and tenant, United Community
Centers, Inc., a Texas nonprofit corporation("UCC").
WITNESSETH
WHEREAS, City and UCC entered into a Lease Agreement dated August 24, 2016
("Contract Date") (City Secretary Agreement Number 48114) (the "Agreement"), for Leased
Premises located at 951 Evans Avenue, all as more particularly described in the Lease, as
defined below;
WHEREAS, the primary use of the Leased Premises is to benefit low and moderate
income citizens of Fort Worth, and UCC agreed in the Agreement to meet certain CDBG
Requirements;
WHEREAS, City and UCC desire to amend the Lease to provide for the construction of
certain improvements to the Leased Premises by UCC;
WHEREAS, the funds provided by City for the construction of the improvements set
forth in this First Amendment are Economic Development Initiative grant funds ("EDI Funds")
pursuant to Section 108(q) of the Housing and Community Development Act of 1974 (42 U.S.C.
5308(q)). 24 CFR part 570, subpart M; and
WHEREAS, in the use of EDI Funds, the City follows, and requires all subrecipients to
follow.the CDBG Requirements.
NOW THEREFORE, in consideration of the premises contained herein and in the Lease
and other good and valuable consideration, the receipt and legal sufficiency of which are hereby
acknowledged,the City and UCC agree as follows:
1. Exhibit A-1 — 2016 HUD Income Limits, was attached to the Lease upon
execution, but inadvertently not referenced in the body of the Lease. The parties hereby ratify
and affirm that the Exhibit A-I —2016 HUD Income Limits was attached to the Lease and made
apart thereof for all purposes therewith, and was applicable from the effective date of the Lease.
2. Exhibit "B" — Documentation of CDBG Requirements of the Lease is hereby
amended by adding and including the documents attached hereto as Exhibit "B" —
Documentation of CDBG Requirements, intended to be in addition to, and not replacement of,
those documents already designated as Exhibit "B"—Documentation of CDBG Requirements
in the Lease.
3. Section 5.02(g) of the Agreement is hereby amended by adding the following
sentence at the end of the paragraph:
OFFICIAL RECORD
CITY SECRIUARY
FT.WOITN'HO TX
"UCC shall be responsible for all maintenance and repair associated with (i) the outdoor
playground and all associated equipment and elements, and (ii) the kitchen equipment,
whether a fixture or not a fixture, except that City shall be responsible for the
maintenance and repair of the venti hood and fire suppression system in the kitchen."
4. Section 5.02, Improvements of the Agreement is hereby amended to add a new
Subsection (d) and a new Exhibit "F" — Requirements for CDBG-Funded Improvements,
attached hereto and made apart hereof for all purposes, as follows:
"(d) Any alterations or improvements that are funded in whole or in part with
CDBG Funds or Economic Development Initiative Grant funds ("EDI Funds")
shall require the written approval of the City and shall be performed in
compliance with all applicable laws, regulations, and HUD guidance for the use
of such funds, and shall comply with the requirements set forth in Exhibit "F" —
Requirements for CDBG-Funded Improvements, attached hereto and made a
part hereof for all purposes. For the purposes of this Agreement, "CDBG Funds"
means the CDBG grant funds or the EDI Funds supplied by City to UCC under
the terms of this Agreement."
5. Section 11.01, Event of Default is hereby amended by adding the following:
"h. Any of the following occurs:
(1) City determines that the CDBG funded improvements were not completed
by the Completion Deadline or have failed to pass any of the inspections
described in Exhibit F-Requirements for CDBG Funded Improvements. If an
event of default occurs under this 11.01(h)(2), notwithstanding anything herein to
the contrary, (i) City shall have the right to terminate this Agreement with no
penalty or liability to City, with such termination to be effective immediately
upon written notice, and (ii) City will not be obligated to make any further
reimbursements to UCC, and may require repayment of any previously
reimbursed CDBG Funds.
(2) UCC fails to submit Complete Documentation during construction of the
CDBG funded improvements in accordance with the approved construction and
reimbursement schedule or if any report or documentation submitted as part of
Complete Documentation is not in compliance with this Agreement or CDBG
Regulations as determined by City. If an event of default occurs under this
Section 11.01(h)(3), notwithstanding anything herein to the contrary, City will
notify UCC in writing and the UCC will have 15 calendar days from the date of
the written notice to submit or resubmit any such report or documentation. If
UCC fails to submit or resubmit any such report or documentation within such
time, City shall have the right to withhold payments. If such failure continues for
an additional 15 days (a total of 30 days), (i) City shall have the right to terminate
this Agreement effective immediately upon written notice of such intent with no
penalty or liability to City and (ii) City will not be obligated to make any further
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reimbursements to UCC, and may require repayment of any previously
reimbursed CDBG Funds.
(3) Any of UCC's Reimbursement Requests are incomplete or otherwise not
in compliance with this Agreement or CDBG Regulations as determined by City.
If an event of default occurs under this Section 11.01(h)(4), notwithstanding
anything herein to the contrary, City will notify UCC in writing of such default
and the UCC will have 15 calendar days from the date of the written notice to
resubmit any such Reimbursement Request to cure the default. If UCC fails to
cure the default within such time, UCC shall forfeit any payments otherwise due
under such Reimbursement Request. If such failure to resubmit such
Reimbursement Request continues for an additional 15 days (a total of 30 days),
(i) City shall have the right to terminate this Agreement effective immediately
upon written notice of such intent with no penalty or liability to City and (ii) City
will not be obligated to make any further reimbursements to UCC, and may
require repayment of any previously reimbursed CDBG Funds.
(4) UCC fails to maintain all records and documentation as required in this
Agreement, or fails to submit any report or documentation required by this
Agreement after the CDBG funded improvements are completed, or if the
maintained or submitted report or documentation is not in compliance with this
Agreement or the CDBG Regulations as determined by City. In the event of a
default of this Section 11.01(h)(5), and notwithstanding anything herein to the
contrary, City will notify UCC in writing and the UCC will have 15 calendar days
from the date of the written notice to obtain or recreate the missing records and
documentation, or submit or resubmit any such report or documentation to City.
If UCC fails to maintain the required reports or documentation, or submit or
resubmit any such report or documentation within such time, (i) City shall have
the right to terminate this Agreement effective immediately upon written notice of
such intent with no penalty or liability to City and(ii) City will not be obligated to
make any further reimbursements to UCC, and may require repayment of any
previously reimbursed CDBG Funds.
(5) More than 2 instances of events default, cured or uncured, under Sections
11.01(h)(1) through (5), in which event that notwithstanding anything herein to
the contrary, City reserves the right at its sole option to terminate this Agreement
effective immediately upon written notice of such intent with no penalty or
liability to City.
(6) UCC changes use of the Leased Premises to one that does not meet the
CDBG Requirements, the National Objective, requirements of the CDBG
Regulations, or the terms of this Agreement, UCC must either (i) repay any and
all amounts that City is required to repay to HUD with regard to the Leased
Premises and any other expenditure for or related to this Agreement or (ii) at
City's election UCC must repay City in accordance with Section 11.08(b) of the
Agreement.
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6. Article 11 is hereby amended by adding the following new sections:
"11.08 CDBG Funds in Event of Default or Termination.
(a) If an event of default of this Agreement occurs, no CDBG Funds will be paid
to UCC until all defaults are cured to City's satisfaction.
(b) If an event of default is uncured, or a termination occurs, or if any other
action or inaction by UCC results in the requirement by HUD to repay the
CDBG Funds to HUD, (i) all CDBG Funds awarded but unpaid to UCC
pursuant to this Agreement shall be immediately forfeited and UCC shall
have no further right to such funds; and any CDBG Funds already paid to
UCC must be repaid to City within 30 days of termination. Failure of UCC
to repay CDBG Funds will result in City's ability to exercise any and all legal
remedies available to City under this Agreement.
(c) In the event of termination related to the use of CDBG Funds, UCC shall not
receive any compensation for work undertaken after the date of termination.
11.09 Rights of City Not Affected. Termination shall not affect or terminate any
of the existing rights of City against UCC, or which may thereafter accrue
because of such default, and this provision shall be in addition to any and all other
rights and remedies available to City under the law including, but not limited to,
compelling UCC to complete the CDBG funded improvements in accordance
with the terms of the Agreement. Such termination does not terminate any
applicable provisions of this Agreement that have been expressly noted as
surviving the term or early termination of the Agreement. No delay or omission
by City in exercising any right or remedy available to it under this Agreement
shall impair any such right or remedy or constitute a waiver or acquiescence in
any UCC default.
11.10 Civil, Criminal and Administrative Penalties. Failure to perform all the
Agreement terms may result in civil, criminal or administrative penalties,
including,but not limited to those set out in this Agreement.
11.11 Termination for Cause.
(a) City may terminate this Agreement in the event of UCC's defytult,
inability, or failure to perform subject to notice, grace and cure periods.
(b) UCC may terminate this Agreement if City does not provide the
CDBG Funds substantially in accordance with this Agreement.
11.12 Termination for Convenience. In terminating in accordance with 24
C.F.R. 85.44 this Agreement may be terminated in whole or in part only as
follows:
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(a) By City with the consent of UCC in which case the Parties shall
agree upon the termination conditions, including the effective date and in the case
of partial termination,the portion to be terminated; or
(b) By the UCC upon at least 30 days' written notice to City, setting
forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. In the case of a partial termination, City
may terminate the Agreement in its entirety if City determines that the remaining
portion of the Agreement to be performed or CDBG Funds to be spent will not
accomplish the purposes for which this Agreement was made.
11.13 Dissolution of UCC Terminates Agreement. In the event UCC is
dissolved or ceases to exist, this Agreement shall terminate. In the event of
termination under this Section, all CDBG Funds are subject to repayment and/or
City may exercise all of its remedies under this Agreement.
11.14 Material Ownership Change. If ownership of the UCC or the project
materially changes after the date of this Agreement, City may, but is not obligated
to, terminate this Agreement. City has 30 days to make such determination after
receipt of notice from UCC and failure to make such determination will constitute
a waiver. In the event of termination under this Section 11.14, all CDBG Funds
awarded but not yet paid to UCC pursuant to this Agreement shall be immediately
rescinded and UCC shall have no further right to such funds. Any CDBG Funds
already paid to UCC must be repaid to City within 30 days of termination under
this Section."
7. By its execution of this Amendment, the City hereby approves UCC to make the
following improvements to the Leased Premises ("2017 CDBG Improvements"in Exhibit "G"),
which shall be funded with CDBG Funds and therefore subject to the requirements of Section
5.02(d) of the Agreement, and which shall be performed in accordance with the approved plans
attached hereto in Exhibit"F"—Requirements for CDBG-Funded Improvements.
(a) Playground equipment and accessories (canopy, benches and seating, trash
cans, educational/play panels, ground covering);
(b) Permanent kitchen equipment(cabinets, countertops, sinks);
(c) Any kitchen infrastructure items needed not already completed by City
(moving/relocating electrical lines, plumbing lines, gas lines, etc.)
8. For the 2017 CDBG Improvements, the following is applicable:
(a) "Completion Deadline" shall be six months from the First Amendment
Effective Date, with a one month extension if requested in writing by UCC.
(b) City shall provide up to $300,000.00 of CDBG Funds for eligible expenses
under the terms and conditions of this Agreement.
(c) UCC will complete the 2017 CDBG Improvements in accordance with the
Plans as set forth in Exhibit "F" — Requirements for CDBG-Funded
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Improvements and the construction and reimbursement schedule as set forth
in Exhibit"F"—Requirements for CDBG-Funded Improvements.
(d) Payment and performance bonds, as required in Section 4.14 of Exhibit F-
Requirements for CDBG-Funded Improvements shall be in the amount of
$300,000.00.
9. Each of the parties hereto represents and warrants to the other that the person
executing this Agreement on behalf of such party has the full right, power and authority to enter
into and execute this Agreement on such party's behalf and that no consent from any other
person or entity is necessary as a condition precedent to the legal effect of this Agreement.
10. Except as modified by this Amendment, all of the terms and conditions of the
Lease are ratified and remain in full force and effect. To the extent the provisions of this
Amendment are inconsistent with the Lease, the terms of this Amendment shall control. All
terms used but not defined herein shall have the meanings ascribed to such terms in the Lease.
This Agreement may not be changed or modified nor may any of its provisions be waived orally
or in any manner other than by a writing signed by the party against whom enforcement of the
change,modification or waiver is sought.
11 This Amendment shall become binding and effective only upon the execution and
delivery of this Amendment by both City and UCC. From and after the effective date hereof, the
terms, covenants and conditions contained herein are binding upon and inure to the benefit of the
parties hereto and their heirs, executors, administrators, successors and assigns.
12. This Amendment may be executed in multiple counterparts, each of which shall
be considered an original, but all of which shall constitute one instrument.
[SIGNATURES ON FOLLOWING PAGE]
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EXECUTED on December 6, 2017 ("First Amendment Execution Date").
CITY OF FORT WORTH
yo
Jesus Chapa
Assistant City Manager
ATTEST: APPROVED AS TO FORM
AND LEGALITY:
FORT�?i
ity Sec t, V '= Assistant City Attome
M&C: C-a-1 A-13
1295: )OU-o -g3gS5
7ECA
City of Fort Worth Agreement 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.
Name: GLS-J L
Title: �c -,�/�oas%�� �•�t/o�n..►f oeo��nnfS /✓��►afc/'
UNITED COMMUNITY CENTERS:
a -Nam ---- 19 -
Name:
e: Celia Es arz
Title: President and CEO
OFFICIAL RECORD
CITY SECRETARY
7 FT,WORTH,TX
EXHIBIT "B"
DOCUMENTATION OF CDBG REQUIREMENTS
(intended to supplement and not replace the existing Exhibit`B" of the Lease)
8
EXHIBIT "B"
DOOCUMENTATION OF CDBG REQUIREMENTS
REIMBURSEMENT FORMS
Attachment I
INVOICE
Developer: United Community Centers,Inc.
Address:
City, State,Zip:
Project: UCC Bethlehem
Tax ID Number
Phase Number:
Amount
This Invoice Cumulative to Date
Developer's Certification: I certify that the costs incurred are valid and consistent with the terms and conditions of
the contract between City and Agency. By signing this invoice,I certify that to the best of my knowledge and
belief the data included in this report is true and accurate. It is acknowledged that the provision of false
information could leave the certifying official subject to the penalties of federal,state,and local law.
Original Signature and
Date:
Name:
Title:
9
REIMBURSEMENT FORMS
Attachment II
City of Fort Worth
Neighborhood Services Department
Expenditure Worksheet
Developer: United Community Centers,Inc.
Project: UCC Bethlehem
Line No. Date Check No. Payeeor Beneficiary* Description* Amount
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Total
10
SECTION 3 REPORTING FORMS
E=iT"r
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Part ht:,Contracts Awarded
1. Construrcnon Contracts'
A Total dollaramount of all contracts awarded on the project $
S.Total dollar amourrt of Wonitaas awarded to Swoon 3 businmAes j
C.Peroamage of the tolal dollar amours that was awaMed to Seddon 3 businesses %
D.Total number of Sedfon 3 businesses receiving contracts
2.MonConstnrcoon Conbaets:
A.Totaf dower amount all noncot+strucwon contrwls awarded on the pr*Wactivity S
8.Total dollar amount of non-construction contracts awarded to Section 3 businesses i
C.Percentage of the total dollar around that was awarded la Secwon 3 businesses %
p.Told number of Section 3 businesses receiving non-constructfan contracts
Part III: summary
Indicate the efforts true to direct the employment and other economic opportunities generated by HUD linen"assistance for housing
and community development programs,to the greatest extent feasible,toward low-and very low income_ persons,particularly those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit lo"come residents through: local advertising media,signs prominently displayed at the project site.
contracts with the community organizations and public or private agencies operating within the metropolitan area(or
rmnmetropolJtan county)in which the Section 3 covered program or project is located,or similar methods.
Participated M a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated in a HUD program-or other program which promotes the award of contracts to business concems which meet the
definitim of Section 3 business concerns.
_ Coordinated with Youthbuffd Programs administered In the metropolitan area In which the Section 3 covered project Is located.
Other,describe below.
Public repotting for this collection of information Is estimated to average 2 I'mm per response,Including the time for reviewing instructions,
searching wdsfwrg data sources,gathering and maintaining the data needed,and completing and reviewing the collection of Int mration.
This agency may not collect this fmiformation,and you are not required to complete this form,unless It displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701%mandates that the Department ensures that
employment and other economic opporhmtites generated by its housing and community development assistance programs are directed
toward low and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part M. The Information will be used by the Department to monitor program reciplerns'compliance with Section 3,to
assess the results of the Deparfinenfs efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,mid by
recipients as self-moniloring tool. The data is entered kilo a database and will be analyzed and distributed. The collection of Information
Involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3, The
Information will be collected annually to assist HUD in meeffng its reporting requirements under Section 808(ex8)of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 aid OMB
Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative:personal idenflfying
Information is not utciuded.
Page 2 of 2 form Nuo w=(ttnoto)
Rd 24 CFR 135
12
Form HUD-80002,Section 3 Summary Report,Economic Opportunity for Low-and Very Low-income Persona
instruetbns:This form Is to be used to report annual 6. Program Code: Enter the appropriate program code as listed at
accomplishments re jard ng employment and other economic ire bottom of the page,
opporemities provided to low-and very low-Income persons under 9. Program Name:fitter the name of HW Program corresponding
Section 3 of the Housing and Urban Development Act of 1988.The with the*Program Code"in number 8.
Section 3 regulations apply to any pobfk and lndiart horsing
programs that receive:(1)development assistance pursuant to Part 1:Employment and Training Opportunl0as
Section 5 of the U.S.Homing Act of 1937;(2)operating assistance Column A:Contains Various job categories. Professionals are
pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have special knowledge of an occupation(f.e,
modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors.archilecis,surveyors,planters,and Computer
of 1937 and to recipients of housing and community development programmers). For construction positions,Iisf each trade and provide
assistance lu exeasa of 5200,000 e>Wended for. (1)housing data in Columns B through F for each trade where persons were
rehabilitation(including reduction and abatement of lead-based paint employed.The category of"Other includes occupations such as
hazards$(2)housing construction;or(3)other public construction service workers,
projects;and to coatr.+cts and subcontracts in excess of$100,WD Column 8:(Mandatory F)eld)Ender the number of new hires for
awarded in connection with the Section-3-covered activityeach category of vrorkars identified in Column A in conneetbn with
Form HUD-60002 has three parts,which are to be completed for We award. New hire refers to a parson who Is not on the coruractot's
all programs covered by Sec5on 3. Part 1 relates to ermpfoymarrt or radpiald's payrol for employment at the time of selection for the
and&*lung.The recipient has the option to determine numerical Section 3 covered award or at the tans of receipt of Section 3 covered
employ rwnthraining goals either on the basis of the number of hams assistance.
worked by new hires(columns B,0.E and F}. Partll of the farm Column C:(Mandatory Field)En tarthe,namnber of Seet 3 mew
relates o conirvoWng,and Part It summarizes recipients'eftints to hires for each Category of workers Identified in Column A In
comply with Section 3, connection with this award.Section 3 new hire refers to a Section 3
Recipients dr cattractors subject to Section 3 requirements must resident who is not on the contractors or reciplem s payroll for
maintain appropriate documentation to establish that HUD financial employmertt at the fmne of selection for the Section 3 covered award or
assistance for housing and community development programs were at the time of race pt of Section 3 covered assistance.
directed toward law-and very low-income persons.'A recipient of Column D: Enter the percentage of all the staff fours of now hires
Section 3 covered assistance shall submit one copy of Acis report to (Section 3 residents)In connection with this award.
FIRM Headquarten l*B"ice of Fair Housing and Equal Opportunity. Column E.Enter the percentage of the total staff hours worked for
Whare the progra-,providing assistance requires an annual Section 3 employees and trainees(including new Times)connected
performance repo::.'nls Sect?on 3 report Is to be submitted at the with this award. Include staff hours for part-time and full-time
same time it pe rurrnarce report is submitted.Where an positions.
annual perto--arcs report is not required,this Section 3 report is to be Column F:(Mandatory, Field)Enter the number of Section 3
submitted by Jf -:nary 10 and,ff the project ends before December 31, residents that were trained in connection with this award.
within 10 days at project ccmplet*n. only Pdme Reclpienfs are Part t• Contract Opportunities
required to report fa HUD, The report must Include, Siock 1:Construction Contracts
ontracts
accomplishments of all reciplents and their Section 3 covered item A: Enter the total dollar amount of all contracts swatted on tete
contractors and subcontractors. projecttpmgram_
HUD Field Office:Finer the Fleld Office name Item B: Er#or the opal dollar amount of contracts connected with this
Recipient Fear the name and address of the recipient projecUprogram that were awarded to Section 3 businesses.
submitting this report kern C:Enter the percentage of the total dollar amount of contracts
2. Federal Idattficadom Enter the number that appears on the connected with this projec*ogram awarded to Section 3 businesses,
award form(with dashes}. The award may be a grant, Item D. Enter the number of Section 3 businesses receiving awaits.
cooperative agreement or contract Block 2:Non-Construction Contracts
3. Dollar Amount of Award; Enter the dollar am ourit,rounded to the Rom A. Enter the total dollar amount of all contracts awarded an the
nearest dollar,received by the reciplent. projeWprograrn.
4 3 6.Contact:Person/Phare:Enter the name and telephone number Item 13: Enter the total dollar amount of contracts connected with this
of the person with knowW"of the award and the recipieWs project awarded to Section 3 businesses.
Implementation of section 3. Item C; Enter the percentage of the total dollar amount of contracts
6. Reporting Period:indfeste the time period(months and year) connected with this projeetlpmgram awarded to Section 3 businesses.
this report covers. item D:Ender the number of Section 3 businesses recehing awards.
7. Data Report submitted: Enter the appropriate date. Part til: Summary of Efforts=Self-expietatory
Submit one(1)copy of this report to the HUO Headquarters Ofltce of
Fair Housing and Equal Opportunity,at the same tincts the The Secretary may establish laoorro cellings higher or lower than 80 percent
performance report to submitted to the program office.The Section 3 orthe median for the area on the basis of the Secretary's findings such that
report is submitted by January 10. Include only contracts executed variations am necessary because of prevailing levels of Construction casts
during the period specified in item 8. PHAsn As are to report all or unusually high•or Iowomoomefamflies. Very low-income persons mean
cont aclysubcontraeta, low-income families(including single persons)whose Incomes do net
exceed tag percent of the madfan Family income area,as determined by the
'The tern 10*4neome persons'and very low-income persad have Secretary with adjustments or smaller and larger farm,except that the
the same meanings given the temps in section 3(b)(2)of the tMed Secretary may establish income ceilings higher or tower than 50 percent of
States Houskg Act of 1937.Loan tacome persons mean families the median for the area on the basis of the,Secretary's findings that such
(including single persons)whose Incomes do not exceed 80 percent of variations are necessary because of unusually high or low family Incomes.
the median Income for the area.as determined by the Secretary,with
adjustments for smaller and larger families,except that
Page i fern hilt etooz(1112010)
Flat 24 CFR t36
13
FEDERAL LABOR STANDARD PROVISIONS -DAVIS-BACON
REQUIREMENTS
Federal Labor Standards Provisions U.S.Department of Housing
and Urban Development
Often of labor Relations
Applicability (1) The work to be performed by the classification
The Project or Program to which the construction work requested is not performed by a classification In the wage
covered by this contract pertains is being assisted by the determination;and
United Stales of America and the following Federal Labor (2) The classification Is utilized in the area by the
Standards Provisions are included In this Contract construction industry.and
pursuant to the provisions applicable to such Federal (3) The proposed wage rate. including any bona fide
assistance. fringe benefits, bears a reasonable relationship to the
A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained In the wage determination.
employed or working upon the site of the work,will be paid (b) It the contractor and the laborers and mechanics to be
unconditionally and not less often than once a week, and employed in the classification (it known), or their
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the
(except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate),a report
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits(or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not less than Employment Standards Administration,U.S.Department of
those contained in the wage determination of the Labor.Washington.D.C. 20210. The Administrator,or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or Its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of
under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mechanics,subject to the provisions of 29 CFR
also. regular contributions made or costs (e) in the event the contractor,the laborers or mechanics
incurred for more than a weekly period(but not less often to be employed in the classification or their
than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on
cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the
constructively made or incurred during such weekly period. amount designated for fringe benefits,where appropriate).
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all Interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or Its designee, to the Administrator for
for the classification of work actually performed. without determination. The Administrator. or an authorized
regard to skill, except as provided in 29 CFR 5.5(a)(4). representative,will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its design** or will notify
classification may be compensated at the rate specified for HUD or its designee within the 30-day period that
each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of
Provided. That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215.0140.)
work is performed. The wage determination(including any (d) The wags rate (including fringe benefits whore
additional classification and e a ales conformed under appropriate) determined pursuant to subparagraphs
29 CFR 5.5(a)posted
and the Davis-Bacon poster d Its (1)(11)(b) or (c) of this paragraph, shall be paid to all
subco frau be pasted si all limes by the contractor and its workers performing work in the classification under this
accesssubcontractors at the Bila of the work a a prominent and contract from the first day on which work is performed in
workerlbie, place where it can be easily seen by the the classification.
workers.
(11) (a) Any class of laborers or mechanics which is not (111) Whenever the minimum wage rate prescribed in the
listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a
employed under the contract shall be classified In fringe benefit which is not expressed as an hourly rate,the
conformance with the wage determination. HUD shall contractor shall either pay the benefit as staled In the
approve an additional classification and wage rate and wage determination or shall pay another bona title fringe
fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof-
have been mar (iv) It the contractor does not make payments to a trustee
or other third person.the contractor may consider as part
totm HUD-4010
Previous*ditm are obaalele Page 1 of 5 rot Handbook 1344.1
14
Of the wages of any taborer or mechanic the amount of any communicated in writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe affected. and records which show the costs anticipated or
benefits under a plan or program. Provided, That the the actual cost incurred in providing such benefits.
Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under
the contractor,that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the pian or trainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215.0140.) Management and Budget under OMB Control Numbers
2. Withholding. HUD or Its designee shall upon its own 1215-0140 and 1215-0017.)
action or upon written request of an authorized (if) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the
contractor or any other Federally-assisted contract contractor will submit the payrolls to the applicant
Subject to Davis-Bacon prevailing wage requirements, sponsor,or owner as the case may be.for transmission to
which is held by the some prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely ail of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(s)(3)(1)except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shalt
required by the contract in the event of failure to pay any only need to include an individually identifying number for
taborer or mechanic, including any apprentice, trainee or each employee (e.g.,the last tour digits of the employee's
helper, employed or working on the site of the work, all or social security number). The required weekly payroll
part of the wages required by the contract. HUD or Its Information may be submitted in any form desired.
designee may, after written notice to the contractor. Optional Form WH-347 Is available for this purpose from
sponsor,applicant. or owner, take such action as may be the Wage and Hour Division Web site at
necessary to cause the suspension of any further htra:/nvwg dol.00y&satwhtlNorm3hvh347instr.htm or Its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, atter the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but It the agency is not such a party, the
contracts. contractor will submit the payrolls to the applicant
3. (1) Payrolls and basic records. Payrolls and basic sponsor,or owner,as the case may be.for transmission to
records relating thereto shall be maintained by the HUD or its designee,the contractor,or the Wage and Hour
contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records requirements. it is not a violation of this subparagraph for
shall contain the name, address. and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates contractor for Its own records, without weekly submission
of contributions or costs anticipated for bona tide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section i(b)(2)(B) of the Davis-bacon Act), daily and 1215.0149.)
weekly number of hours worked. deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has 'Statement of Compliance,' signed by the contractor or
found under 29 CFR 5.5 (a)(1)(Iv) that the wages of any subcontractor or his or het agent who pays or supervises
laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following.,
or program described In Section I(b)(2)(8) of the Davis. (1) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which Information required to be provided under 29 GFR 5.5
show that the commitment to provide such benefits is (a)(3)(ii). the appropriate information is being maintained
enforceable, that the pian or program is financially under 29 CFR 5.5(x)(3)(1), and that such information is
responsible. and that the pian of program has been correct and complete;
Pn nilous e0ons aro obsolete form HU040 0
Page 2 of S rot Handbook 1344.1
15
(2) That each laborer or mechanic(including each helper is not registered or otherwise employed as stated above.
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that no deductions have bean made either directly or the job site in excess of the ratio permitted under the
Indirectly from the full wages earned, other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Pari 3, applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for the classification of work performed. as which its program is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the journeyman's hourly
Incorporated into the contract. rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
(c) The weekly submission of a properly executed
most be paid at not less than the rale
certification set forth on the reverse side of Optional Form specified in the the
WH-347 shall satisfy the requirement for submission of the registered program for the apprentice's levvelel oof progress,
'Statement of Compliance' required by subparagraph appressed as a percentage of the journeymen hourly rate
A 3(Ii)(bp specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. it the
subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits.
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the United States Code. listed on the wage determination for the applicable
(111) The contractor or subcontractor shall make the classification. If the Administrator determines that a
records required under subparagraph A.3.p) available for different practice prevails for the applicable apprentice
Inspection, copying. or transcription by authorized classification,fringes shall be paid in accordance with that
representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training. Employer and Labor Services, or a State
Interview employees during working hours on the job, U Apprenticeship Agency recognized by the Office,
the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner take such action as may be necessary for the work performed until an acceptable program Is
to cause the suspension of any further payment. advance. approved•
or guarantee of funds. Furthermore. failure to submit the (Iq Trainees. Except as provided in 29 CFR 5.18,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5.12, employed pursuant '.to and individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
(t) Apprentices. Apprentices will be permitted to work at formai certification by the U.S. Department of Labor,
less than the predetermined rate for the work they Employment and Training Administration. The ratio of
performed when they are employed pursuant to and trainees to journeyman on the job site shall not be greater
Individually registered in a bona tido apprenticeship than permitted under the plan approved by the
program registered with the U.S, Department of Labor. Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services. or approved program for the trainee's level of progress.
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or it a person is employed in his or her first 90 specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program, if the trainee program
registered In the program, but who has been certified by does not mention fringe benefits. trainees shall be paid
the Office or Apprenticeship Training,Employer and tabor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate)to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site In any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate,who registered and participating in a training plan approved by
Previous edillom aro obsolete WMHU040100MM
Page 3 of 5 ref,Handbook 1344.1
16
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
determination for the work actually performed. In addition, (11) No part of this contract shall be subcontracted to any
any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed. in the participate In HUD programs pursuant to 24 CFR Part 24.
event the Employment and Training Administration
withdraws approval of a training program, the contractor in
The penalty for making S U.S.C.statements Is prescribed
will no longer be permitted to utilize trainees at less than in the U.S. Criminal Code. 18 U. 100tl Additionally.
the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 ra 0. Title 1 r U.S.C..
until an acceptable program is approved. 'Federal Housing Administration transactions' provides in
part: 'Whoever. for the purpose of
(III) Equal employment opportunity. The utilization of
way the action of such Administration......makes,
, in any
utters or
apprentices.trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the some to be false.,...
shall be in conformity with the equal employment shall be fined not more than $5.000 or imprisoned not
opportunity requirements of Executive Order 11248, as more than two years.or both.'
amended,and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by
8. Compliance with Copeland Act requirements. The Employees, No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary.or other labor standards provisions of this Contract
Part 3 which are Incorporated by reference In this contract are applicable shall be discharged or in any other manner
8. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any
Insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be Instituted any
other clauses as HUD or Its designee may by appropriate proceeding or has testified or Is about to testify in any
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer.
subcontractors to include these clauses in any lower tier B. Contract work Hours and Safety Standards Act The
subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used In this paragraph, the
subcontractor with all the contract clauses in this terns`laborers'and'mechanics*include watchmen and guards.
paragraph.
(i) Overtime requirements. No contractor or subcontractor
T. Contract termination; debarment. A breach of the contracting for any pan of the contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for Involve the employment of laborers or mechanics shad require or
termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work In excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
S. Compliance with Davis-Beton and Related Act Requirements. compensation at a rate not less than one and one-half tirnes the bask
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1. 3, and 5 are workweek.
herein Incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set
arising out of the labor standards provisions of this forth in subparagraph(1) of this paragraph.the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract. Such disputes shall be resolved In for the unpaid wages. In addition. such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth in 29 CFR Parts S. 8, and ? Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory. to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee. the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, Including watchmen and guards.
10. (1) Certification of Eligibility, By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither It (nor he or subparagraph(1)of this paragraph,in the sum of$10 for each
she) nor any person or firm who has an Interest in the calendar day on which such individual was required or permitted to
contractor's firm Is a person or firm ineligible to be work in excess of the standard workweek of 40 tours without payment
awarded Government contracts by virtue of Section 3(a)of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph(1)of this paragraph.
Prsvlous son aro otwoleb form 1111164MO 0110200
Page 4 of 5 ref.Handbook 1344.1
17
(3) Withholding for unpaid wages and liquidated
damages. HUD or Its designee shall upon Its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which Is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided In the clause set forth in
subparagraph(2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
Insert in any subcontracts the clauses set forth in
subparagraph (1)through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
G. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds$100,000.
(1) No taborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
Issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result In imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 98). 40 USC
3701 at sea.
(3) The contractor shall include the provisions of this
paragraph In every subcontract so that such provisions will
be binding on each subcontractor The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete GM Q )
Page 5 of 5 ref.Handbook`1344.1
18
STANDARDS FOR COMPLETE DOCUMENTATION
VOR " WORTH .
Standard of Documentation for Reimbursement of Development Costs
Cost Type Documentation Standard
Acquisition of Real Property • Notice to Seller(date must be on or before the date of options agreement
or sales contract and signed by the buyer and seller)
• Recorded Deed of Trust
• Purchase Agreement w/Required HUD language
• Master Settlement Statement/HUD-1
• Appraisal or other document used to determine purchase price
• Proof of Payment(bank statement/cancelled check)
• Verification of Vacant Status(as applicable)
Pre-developmeritand Soft Invoice
Costs(Architect Engineer, - Invoice should include:
Landscape Design,Surveys, date,
Appraisals,Environmental,Legal company's letterhead;
Fees,Other Consultants,Etc.) address for which service is provided;
description of service(s)and item(s);
amount for itemized services;and
total amount
Proof of Payment(ie_bank statement or cancelled check)
• Fully executed contract/service agreements/letter agreement and
applicable amendments
- Provide printout from wwwsam_eovverifying
contractor/subcontractor is not listed an the debarred and
suspension list
• If only a portion is being paid with(Sty funds,then show calculation and
documentation of how costs are allocated.
Construction Costs(Contractors& Invoice
Subcontractors) - invoice should include:
date;
company's letterhead;
address for which service is provided;
description of service(s)and item(s);
amount for itemized services;and
total amount
Proof of Payment(i_e_bank statement or cancelled check)
• Copy of applicable inspection report(s)conducted by HED Inspector
• Copy of executed agreements
Provide printout from www.sam.gov verifying
contractor/subcontractors are not listed on the debarred and
susaension list
Housing and Economic Development
FINAL as of 1/9/2015 Page 1
1
FORTWORk Ro
Standard of Documentation for Reimbursement of Development Costs
Construction Costs(Contractors& . If only a portion is being paid with City funds,thea show calculation of
subcontractors) how costs are allocated_
(continued) • For payment of final retainage for the prime contractor,lien waivers for
the prime and all subcontractors.
• List of subcontractors
Materials Purchased Directly by • Invoice
Developer(if applicable) - Invoice should include:
date,-
company's
ate;company's letterhead;
address where materials will be used;
description of service(s)and item(s);
cost by quantity;and
total amount
- Proof of Payment(i-e-bank statement or cancelled check)
• Verification of Delivery
Developer Fee • Final Invoice Reflecting Total Development Cost
(if paid directly from HOME funds) • Proof of payment for any other entity/funding source contributing to
development costs_
• Show calculation of agreed u pon developer fee percentage
Copies of final lien releases from contractor/subcontractor
- Complete Documentation income eligibility of buyers/renters(i.e.income
docs for eligible homebuyer/tenants,sales contract between
developer/homebuyer,HAP Deed of Trust w/required affordability period
language,etc)
• Lease documents
• Final inspections of completed units
Housing and Economic Development
FINAL as of 1/4/2015 Page 2
20
ConMct and Subcontract Activity U.S pplasem orHoo.mg sed UNeo prebyueet OAIDnpR.>wJNe':�OC�
oemnH,wllao.:zwzmus
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HUDmW roe oaDecttlu ifomauon sodtoaert nxrapidm mvpkmtli Sam oikv[dipYya•cuwy wid OAIDCamol Nuvbc.
F tiw OMen domd Jdl'14.1983.d'vav tlelfineif'Bivm R�elynemPlme daYbedevsbpedH ach FHad Apvry i�ihs vdld®talmbhM1 n:maybme�deeba®caFgw.'rn<v 16 itvnnrvivel b9 HlIDmeadamea.YabM�ecuwiu e�sme bulpu&+m
¢fniY ml Oodepaledaaeb tea�eemmRiv lfr/BYJpele'Ibet1pumrA n@ieeme�mammtmiie Wdounodmvgptt grteo�bae mlemnoe.sof®il'Gava.mP�'san®gtlnvtY^.. HewWima VOe iim�'ni ve mEeemClNO uaJdnnhobYm
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i.6emedP�yrceownxAxhRM3pnvlBuNm/Apas' CFark f 2 Lamm(C4.Suc Z.
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.amoe...oe.ow. �en>Assute�gf
EXHIBIT 6(B-1"
CONSTRUCTION AND REIMBURSEMENT SCHEDULE
Activity CDBG Funds
PHASE I Lease Amendment Signed 0
ACTIVITIES:
PHASE I
COMPLETE
by: 12/1.5/17
PHASE II Kitchen Installation 60o1,')00.00
ACTIVITIES:
Contractor/subcontractor/vendor searches
PHASE II under the Federal System for Award
COMPLETED Management(www.sam.gov)must be
by 01/31/18 submitted prior to any reimbursement
under this Phase.
PHASE III • Playground Installation 200,000.00
ACTIVITIES:
FINAL • All documentation received
PAYMENT
PHASE • Final inspections complete 40,000.00
COMPLETED • Final Payment
By: 05/15/18
TOTAL 300,000.00
FUNDS
*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.
22
EXHIBIT "F"
Requirements for CDBG-Funded Improvements
1. In addition to terms defined in the body of this Agreement,the following terms
shall have the definitions ascribed to them as follows:
CDBG Regulations means regulations found at 24 CFR Part 570 et seq.
Complete Documentation means the following documentation as applicable:
• Invoice and Expenditure Worksheet (forms provided in Exhibit "B" —
Documentation of CDBG Requirements), with supporting documentation as
follows:
o Proof of expense: copies of timesheets, invoices, leases, service contracts
or other documentation showing the nature of the cost and that payment is
due by UCC.
o Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by UCC were actually paid by
UCC.
• Proof of client eligibility:
o Documentation that clients served by the UCC are Income Eligible
Clients.
• Other documentation: (i) final lien releases signed by UCC's general contractor
or subcontractors, if applicable; (ii) copies of all City permits and City-issued
"pass" inspections for such work; (iii) documentation showing compliance with
BDE or DBE bidding process for procurement or Agreement activities, if
applicable; (iv) proof of contractor, vendor or subcontractor eligibility as
described in Section 6.6; and (v) any other documents or records reasonably
necessary to verify costs spent and regulatory compliance for the project.
• Complete Documentation shall meet the standards described in the attached
Exhibit"B"—Documentation of CDBG Requirements.
Completion means the substantial completion of improvements approved in writing by
the City as required in this Agreement, as evidenced by a Neighborhood Services Department
Minimal Acceptable Standard Inspection Report, a HUD Compliance Inspection Report, all
applicable City final inspection approvals, and verification that the National Objective has been
met.
Director means the director of the Neighborhood Services Department.
Neighborhood Services Department means the Department of Neighborhood Services
of the City of Fort Worth.
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Performance Period means the period during which UCC will fulfill the CDBG
Requirements and continuously meet the National Objective, and will comply with all other
terms and conditions of this Agreement. The Performance Period begins on the date that the use
of the CDBG funded improvements first meets the National Objective which, in City's sole
satisfaction, establishes such date with reasonable certainty and ends upon the expiration or
termination of the Lease.
Plans means the plans and specifications for the CDBG funded improvements approved
in writing by City, and any amendments and change orders thereto approved by City.
Reimbursement Request means all reports and other documentation described in
Section 6 below.
Section 504 requirements means the requirements of Section 504 of the Rehabilitation
Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8. Section 504 prohibits recipients of federal
funds from excluding any qualified persons from participating or receiving benefit from, any
federally-funded program or activity based solely on the person's disability.
2. Reimbursement. UCC shall be reimbursed for eligible project costs with CDBG
Funds only if City determines in its sole discretion that:
(a) Costs are eligible expenditures in accordance with CDBG Regulations.
(b) Costs are in compliance with this Agreement and are reasonable and
consistent with industry norms.
(c) Complete Documentation, as applicable, is submitted by UCC.
3. Construction.
3.1. Construction Schedule. UCC will construct in accordance with the construction
and reimbursement schedule approved to in writing by the parties Exhibit "13-1". UCC shall
not begin construction of the CDBG funded improvements until City sends a Notice to Proceed.
UCC's failure to meet the construction schedule shall be an event of default. UCC may not
change the construction schedule without prior written approval of Director, which approval
shall be in Director's sole discretion.
3.2 Construction Inspections. The construction must pass a Neighborhood
Services Department Minimal Acceptable Standard Inspection, a HUD Compliance Inspection
and any other applicable HUD-required inspections during the construction period, along with
any applicable City final inspection approval at the completion of construction of the CDBG
funded improvements.
3.3 Applicable Laws, Building Codes and Ordinances. The Plans for the CDBG
funded improvements shall (i) conform to all applicable federal, state, City and local laws,
ordinances, codes, rules and regulations, including the CDBG Regulations; (ii) meet all City
building codes, and (iii) cannot deviate from the items approved as part of the Environmental
Review Record required by 24 CFR Part 58.
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3.4 Property Standards During Construction. UCC shall comply with the
requirements as relates to City's property standards as well as all applicable accessibility
standards for the CDBG funded improvements. UCC shall comply with the requirements of 24
CFR 570.614 and Section 504 requirements prescribing standards for the design, construction or
alteration of any building or facility intended to be accessible to the public or which may result
in the employment of handicapped persons therein. If applicable, UCC must submit Texas
Department of Licensing and Regulation ("TDLR") certificates for compliance with TDLR's
accessibility standards at Completion.
3.5 Lead-Based Paint Requirements. If applicable, UCC will comply with Federal
lead-based paint requirements including lead screening in housing built prior to 1978 in
accordance with 24 CFR Part 570.608 and 24 CFR Part 35, subparts A, B, J, K, M, and R, and
the Lead: Renovation, Repair and Painting Program Final Rule, 40 CFR Part 745, in any
construction and/or rehabilitation of the CDBG funded improvements.
3.6 Approval of Plans by City Not Release of Responsibility. Approval of the
Plans by City shall not constitute or be deemed (i) to be a release of the responsibility or liability
of UCC or any of its architects, contractors or subcontractors, or their respective officers, agents,
employees and lower tier subcontractors, for the accuracy or the competency of the Plans,
including, but not limited to, any related investigations, surveys, designs, working drawings and
specifications or other related documents; or (ii) an assumption of any responsibility or liability
by City for any negligent act, error or omission in the conduct or preparation of any
investigation, surveys, designs, working drawings and specifications or other related documents
by UCC or any of its architects, contractors or subcontractors, and their respective officers,
agents, employees and lower tier subcontractors.
3.7 Contractor,Vendor and Subcontractor Requirements. UCC will use
commercially reasonable efforts to ensure that all contractors or vendors utilized by UCC in the
construction of the CDBG funded improvements or subcontractors utilized by UCC's general
contractor are appropriately licensed and such licenses are maintained throughout the
construction of the CDBG funded improvements. UCC shall ensure that all subcontractors or
vendors utilized by UCC or subcontractors utilized by UCC's general contractor in the
construction of the CDBG funded improvements are not debarred or suspended from performing
the contractor's, subcontractor's or vendor's work by the City, the State of Texas, or the Federal
government. UCC acknowledges that 2 CFR Part 200 forbids UCC from hiring or
continuing to employ any contractor, subcontractor or vendor that is listed on the Federal
Excluded Parties List System for Award Management, www.sam.gov ("SAM"). UCC must
confirm by search of SAM that all contractors, subcontractors or vendors are not listed as being
debarred, both prior to hiring and prior to submitting a Reimbursement Request which
includes invoices from any such contractor, subcontractor or vendor. Failure to submit such
proofs of search shall be an event of default. In the event that City determines that any
contractor, subcontractor or vendor has been debarred, suspended, or is not properly licensed,
UCC or UCC's general contractor shall immediately cause such contractor, subcontractor or
vendor to stop work on the CDBG funded improvements and UCC shall not be reimbursed for
any work performed by such contractor, subcontractor or vendor. However, this Section should
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not be construed to be an assumption of any responsibility or liability by City for the
determination of the legitimacy, quality, ability, or good standing of any contractor,
subcontractor or vendor. UCC acknowledges that the provisions of this Section pertaining to
SAM shall survive the termination of this Agreement and be applicable for the length of
the Performance Period.
3.8 Furnish Complete Set of"As Built" Plans. UCC shall furnish City a complete
set of"as built"plans for the CDBG funded improvements at completion of construction after all
final approvals have been obtained, unless such requirement is waived in writing by City.
4. Additional Requirements. UCC agrees to comply with all CDBG Regulations,
including, but not limited to the following:
4.1 Environmental Review. Funds will not be paid, and costs cannot be incurred
until City has conducted and completed an Environmental Review Record as required by 24 CFR
Part 58. The environmental review may result in a decision to proceed with, modify, or cancel
the project. Further, UCC will not undertake or commit any funds to physical or choice limiting
actions including if applicable property acquisition, demolition, movement, rehabilitation,
conversion, repair or construction prior to the environmental clearance. Any violation of this
provision will (i) cause this Agreement to terminate immediately; (ii) require UCC to repay City
in accordance with Section 11.01(b) of the Agreement within 30 days of termination under this
Section; and(iii) forfeit any future payments of CDBG Funds.
4.2 Mitigation. DELETED BY AGREEMENT OF THE PARTIES
4.3 Agreement Not Constituting Commitment of Funds. Notwithstanding any
provision of this Agreement, the parties agree and acknowledge that this Agreement does not
constitute a commitment of CDBG Funds, and that such commitment or approval may occur
only upon satisfactory completion of an Environmental Review Record and receipt by City of an
authorization to use grant funds from HUD under 24 CFR Part 58.
4.4 Compliance with the Uniform Relocation Act. If applicable, UCC shall
comply with the relocation requirements of 24 CFR Part 580.606 and all other applicable Federal
and state laws and City ordinances and requirements.
4.5 Compliance with Davis-Bacon. If applicable, UCC and its general contractor
and all lower tier subcontractors will comply with the Davis-Bacon Act as described in Section
10 of this Exhibit and Exhibit "B".
4.6 UCC Procurement Standards. UCC shall establish procurement procedures to
ensure that materials and services are obtained in a cost effective manner. UCC shall comply
with all applicable federal, state and local laws, regulations, and ordinances for making
procurements under this Agreement.
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4.7 Cost Principles/Cost Reasonableness. As applicable, the eligibility of costs
incurred for performance rendered shall be determined in accordance 2 CFR Part 200.400
through 2 CFR Part 200.475,regarding cost reasonableness and allocation.
4.8 Financial Management Standards. UCC agrees to adhere to the accounting
principles and procedures required in 2 CFR Part 200, utilize adequate internal controls, and
maintain necessary supporting and back-up documentation for all costs incurred in accordance
with 2 CFR Part 200.302 and Part 200.303.
4.9 Uniform Administrative Requirements. As applicable, UCC will comply with
the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in 2 CFR Part 200, or any reasonably equivalent procedures and requirements that City
may require.
4.10 Compliance with FFATA and Whistleblower Protections. UCC shall provide
City with all necessary information for City to comply with the requirements of 2 CFR Part
300(b), including provisions of the Federal Funding Accountability and Transparency Act
("FFATA") governing requirements on executive compensation and provisions governing
whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41
U.S.C. 4304 and 41 U.S.C. 4310. UCC shall provide its DUNS number to City prior to the
payment of its first Reimbursement Request.
4.11 Internal Controls. In compliance with the requirements of 2 CFR Part 200.303,
UCC shall:
4.11.1 Establish and maintain effective internal control over the CDBG Funds that
provides reasonable assurance that UCC is managing the CDBG Funds in compliance with
federal statutes, regulations, and the terms and conditions of this Agreement. These
internal controls shall be in compliance with guidance in "Standards for Internal Control in
the Federal Government" issued by the Comptroller General of the United States or the
"Internal Control Integrated Framework" issued by the Committee of Sponsoring
Organizations of the Treadway Commission("COSO");
4.11.2 Comply with federal statutes, regulations, and the terms and conditions of this
Agreement;
4.11.3 Evaluate and monitor UCC's compliance with statutes, regulations and the terms
and conditions of this Agreement;
4.11.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
4.11.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or UCC
considers sensitive consistent with applicable federal, state, local and tribal laws regarding
privacy and obligations of confidentiality.
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4.12 Copyright and Patent Rights. No reports, maps, or other documents produced
in whole or in part under this Agreement shall be the subject of an application for copyright by or
on behalf of UCC. HUD and City shall possess all rights to invention or discovery, as well as
rights in data which may arise as a result of UCC's performance under this Agreement.
4.13 Terms Applicable to Contractors, Subcontractors and Vendors. UCC
understands and agrees that all terms of this Agreement, whether regulatory or otherwise, shall
apply to any and all contractors, subcontractors and vendors of UCC which are in any way paid
with CDBG Funds or who perform any work in connection with the CDBG funded
improvements. UCC shall cause all applicable provisions of this Agreement to be included in
and made a part of any contract or subcontract executed in the performance of its obligations
hereunder, including if applicable its obligations regarding the CDBG Regulations, the CDBG
Requirements, and the National Objective during the Performance Period. UCC shall monitor
the services and work performed by its contractors, subcontractors and vendors on a regular basis
for compliance, as applicable, with the CDBG Regulations, the CDBG Requirements, and the
National Objective as well as the Agreement provisions. UCC must cure all violations of the
CDBG Regulations committed by its contractors, subcontractors or vendors. City maintains the
right to insist on UCC's full compliance with the terms of this Agreement and the CDBG
Regulations, and UCC is responsible for such compliance regardless of whether actions taken to
fulfill the requirements of this Agreement are taken by UCC or by UCC's contractors,
subcontractors or vendors. UCC acknowledges that the provisions of this Section shall
survive the earlier termination or expiration of this Agreement and be applicable for the
length of the Performance Period and for 5 years thereafter.
4.14 Payment and Performance Bonds. Subject to the requirements of 2 CFR Part
200.325 and Texas Government Code 2253.201, UCC's prime contractor shall furnish City with
payment and performance bonds in a form acceptable to City in the amount of the construction
cost for the project but not less than the amount agreed to in writing by the parties. At City's
discretion, other forms of assurance may be acceptable so long as they meet the requirements of
the CDBG Regulations and the federal interest is adequately protected.
4.15 Uniform Administrative Requirements. UCC will comply with the Uniform
Administrative Requirements set forth in 24 CFR Part 570.502, or any reasonably equivalent
procedures and requirements that City may require.
5. Record keening, reporting and documentation requirements; audit.
5.1 Record Keeping. UCC shall maintain a record-keeping system as part of its
performance of this Agreement and shall promptly provide City with copies of any document
City deems necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, UCC will keep or cause to be kept an accurate record of all actions
taken and all funds spent, with supporting and back-up documentation, including the
documentation required in Exhibit "B" — Documentation of CDBG Requirements. UCC will
maintain all records and documentation related to this Agreement for 5 years after the expiration
of the Performance Period. If any claim, litigation, or audit is initiated before the expiration of
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the 5 year period,the records must be retained until all such claims, litigation or audits have been
resolved.
5.2 Reports. UCC will submit to City all reports and documentation described in this
Agreement, in such form as City may prescribe. UCC may also be required to submit a final
performance and financial report if required by City at the termination of this Agreement in such
form and within such times as City may prescribe. Failure to submit any report or
documentation described in this Agreement to City shall be an event of default of this
Agreement and City may exercise all of it remedies for default under this Agreement.
5.3 Additional Information. UCC shall provide City with additional information as
may be required by federal or state agencies to substantiate CDBG activities and/or expenditure
eligibility.
5.4 Change in Reporting Requirements and Forms. City retains the right to
change reporting requirements and forms at its discretion. City will notify UCC in writing at
least 30 days prior to the effective date of such change, and the Parties shall execute an
amendment to the Agreement reflecting such change if necessary.
5.5 Audit.
5.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within 1 year,
regardless of the source of the federal award, must submit to City an annual audit prepared in
accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. If applicable,
the audit shall cover UCC's fiscal years during which this Agreement is in force. The audit must
be prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within 30 days of its
completion. UCC's audit certification is attached to the Agreement as Exhibit D — "Audit
Certification Form" and "Audit Requirements". The Audit Certification Form must be
submitted to City prior to or with the first Reimbursement Request. Entities that expend less
than $750,000 a year in federal funds are exempt from federal audit requirements for that year,
but records must be available for review or audit by appropriate officials of the federal agency,
City, and General Accounting Office.
5.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit (i) of UCC's expenditure of CDBG Funds or
(ii) program income in accordance with Section 3.07 of the Lease at any time during the term of
this Agreement, the Performance Period, or within 5 years thereafter as the case may be, if City
determines that such audit is necessary for City's compliance with the CDBG Regulations or
other City policies, and UCC agrees to allow access to all pertinent materials as described herein.
If such audit reveals a questioned practice or expenditure, such questions must be resolved
within 15 business days after notice to UCC of such questioned practice or expenditure. If
questions are not resolved within this period, City reserves the right to withhold further funding
under this Agreement and/or future contract(s) with UCC. IF AS A RESULT OF ANY AUDIT
IT IS DETERMINED THAT DEVELOPER HAS FALSIFIED ANY DOCUMENTATION
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OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT
CDBG FUNDS OR PROGRAM INCOME ON ANY INELIGIBLE ACTIVITIES,
DEVELOPER AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES
PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE
LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
6. REIMBURSEMENT REQUIREMENTS.
6.1 UCC shall provide City with Complete Documentation and the following reports
as shown in Exhibit "B"with each Reimbursement Request:
(a) Invoice. This report shall contain the amount requested for reimbursement in
the submitted request, and the cumulative reimbursement requested to date
(inclusive of the current request). This report must be signed by an authorized
signatory of UCC. By signing Invoice, UCC is certifying that the costs are
valid, eligible, and consistent with the terms and conditions of this Agreement,
and the data contained in the report is true and correct.
(b) Expenditure Worksheet. This report shall itemize each expense requested
for reimbursement by UCC. In order for this report to be complete the
following must be submitted:
i. Invoices for each expense with an explanation as to how the expense
pertains to the project, if necessary; and
ii. Proof that each expense was paid by UCC, which proof can be
satisfied by cancelled checks, wire transfer documentation, paid
receipts or other appropriate banking documentation.
6.2. Deadline for Submitting Reimbursement Requests. All Reimbursement
Requests along with Complete Documentation shall be submitted by UCC to City within 60 days
from each of the deadlines as shown in the approved construction and reimbursement schedule.
6.2.1 CITY SHALL HAVE NO OBLIGATION TO PAY ANY
REIMBURSEMENT REQUEST THAT IS NOT RECEIVED WITHIN 60 DAYS
OF THE DEADLINES SHOWN IN THE APPROVED CONSTRUCTION AND
REIMBURSEMENT SCHEDULE. In addition, UCC's failure to timely submit
Reimbursement Requests and Complete Documentation along with any required
reports shall be an event of default.
6.2.2 CITY SHALL HAVE NO OBLIGATION TO MAKE
PAYMENT ON ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED
WITHIN 30 DAYS OF THE COMPLETION DEADLINE.
6.2.3 Final Payment. Final payment will not be made until (i) City
has verified that UCC has met the National Objective at time of such
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Reimbursement Request and that UCC has submitted an accurate Performance
Report, including the Unduplicated Client Data Report (form provided in Exhibit
"B" — Documentation of CDBG Requirements); and (ii) all liens are released to
City's satisfaction.
6.2.4 Withholding Payment. CITY SHALL WITHHOLD PAYMENTS
REQUESTED UNDER THIS AGREEMENT IF COMPLETE
DOCUMENTATION IS NOT RECEIVED.
6.3 Timing of Payment. Provided that UCC submits Complete Documentation
in conformance with the requirements of this Agreement and the CDBG Regulations, City will
reimburse UCC for eligible expenses within 30 calendar days.
7. Religious Organization. No portion of the CDBG Funds shall be used in support
of any sectarian or religious activity. In addition, there must be no religious or membership
criteria for clients of a CDBG-funded service.
8. HUD-Assisted Proiects and Employment and other Economic Opportunities;
Section 3 Requirements.
8.1 Requirement that Law Be Quoted in Covered Contracts. — Certain
Requirements Pertaining to Section 3 of the Housing and Urban Development Act of
1968 as Amended (12 U.S.C. Sections 1701 et seq.) and its Related Regulations at 24
CFR Part 135. If the construction of the CDBG funded improvements will cause the
creation of new employment, training, or contracting opportunities on a contractor or
subcontractor level resulting from the expenditure of the CDBG Funds, UCC shall
comply with the following and will ensure that its contractors also comply. If the work
performed under this Agreement is on a project assisted under a program providing direct
Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3")
requires that the following clause, shown in italics, be inserted in all covered contracts
("Section 3 Clause"):
Section to be quoted in covered contracts begins:
"A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. section 1701u (Section 3). The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by HUD
assisted or HUD-assisted programs covered by Section 3, shall to the greatest
extent feasible, be directed to low- and very-low income persons, particularly
persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24
CFR Part 135, which implement Section 3. As evidenced by their execution of
this contract, the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the Part 135
regulations.
C The contractor agrees to send to each labor organization or
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representative of workers with which it has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or workers'
representatives of the contractor's commitments under this Section 3 clause and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprentice and
training positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
D. The contractor agrees that it will include this Section 3 clause in every
subcontract to comply with regulation in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or
in this Section 3 clause, upon finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the subcontractor has been
found in violation of regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions,
including training positions that are filed.- (1) after the contractor is selected but
before the contract is executed, and(2) with persons other than those to whom the
regulations of 24 CFR Part 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the subcontractor has been
found in violation of regulations in 24 CFR 135.
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be
performed under this Agreement. Section 7(b) requires that to the greatest extent
feasible (i) preference and opportunities for training and employment shall be
given to Indians, and (ii)preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and Section
7(b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
8.2 UCC Responsibilities for Section 3 Requirements. City and UCC understand
and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial
assistance provided to the project binding upon City and UCC, and their respective successors,
assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject UCC
and its contractors and subcontractors and their respective successors and assigns to those
sanctions specified by the grant agreement through which Federal assistance is provided and to
such sanctions as are specified by 24 CFR Part 135. UCC's responsibilities include:
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(a) Implementing procedures to notify Section 3 residents and business concerns
about training, employment, and contracting opportunities generated by Section 3
covered assistance;
(b) Notifying potential contractors working on Section 3 covered projects of their
responsibilities;
(c) Facilitating the training and employment of Section 3 residents and the award of
contracts to Section 3 business concerns;
(d) Assisting and actively cooperating with the Neighborhood Services Department in
making contractors and subcontractors comply;
(e) Refraining from entering into contracts with contractors that are in violation of
Section 3 regulations;
(f) Documenting actions taken to comply with Section 3; and
(g) Submitting Section 3 Annual Summary Reports (form HUD-60002) in
accordance with 24 CFR Part 135.90.
8.3 Section 3 Reporting Requirements. In order to comply with the Section 3
requirements, UCC must submit the Section 3 reporting forms attached hereto in Exhibit "B" —
Documentation of CDBG Requirements.
8.3.1 UCC or its contractor must report all applicants for employment by
contractor and any subcontractor to City on a quarterly basis. This shall include name,
address, zip code, date of application, and status (hired/not-hired) as of the date of the
report.
8.3.2 UCC or its contractor must advertise available positions to the public for
open competition, and provide documentation to City with the quarterly report that
demonstrates such open advertisement, in the form of printout of Texas Workforce
Commission posting, copy of newspaper advertisement, copy of flyers and listing of
locations where flyers were distributed, and the like.
8.3.3 UCC or its contractor must report all contracts awarded by contractor and
subcontractor to City on a quarterly basis. This shall include name of contractor and/or
subcontractor, address, zip code, and amount of award as of the date of the report.
9. Prohibition Against Discrimination.
9.1 General Statement. UCC, in the execution, performance or attempted
performance of this Agreement, and in operation of services provided on the Property, shall
comply with all non-discrimination requirements of 24 CFR 570.607 and the ordinances codified
at Chapter 17, Article III, Division 4 — Fair Housing of the City Code. UCC may not
discriminate against any person because of race, color, sex, gender, religion, national origin,
familial status, disability or perceived disability, sexual orientation, gender identity, gender
expression, or transgender, nor will UCC permit its officers, members, agents, employees,
vendors, or project participants to engage in such discrimination.
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This Agreement is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and
UCC hereby covenants and agrees that UCC, its officers, members, agents, employees, vendors,
and contractors, have fully complied with all provisions of same and that no employee, or
applicant for employment has been discriminated against under the terms of such ordinances by
either or its officers, members, agents, employees, vendors, or contractors.
9.2 No Discrimination in Employment during the Performance of this
Agreement. During the performance of this Agreement, UCC agrees to the following provision,
and will require for the construction of the CDBG funded improvements that its contractors,
subcontractors, and vendors also comply with such provision by including it in all contracts with
its contractors, subcontractors, or vendors:
[Contractor's, Subcontractor's or Vendor's Name] will not unlawfully discriminate
against any employee or applicants for employment because of race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's
Name will take affirmative action to ensure that applicants are hired without regard to race,
color, sex, gender, religion, national origin, familial status, disability or perceived disability,
sexual orientation, gender identity, gender expression or transgender and that employees are
treated fairly during employment without regard to their race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender. 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's, Subcontractor's or Vendor's Name] agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
[Contractor's, Subcontractor's or Vendor's Namel will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or
Vendor's Namel , state that all qualified applicants will receive consideration for employment
without regard to race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor's Name] covenants that neither it nor any of
its officers, members, agents, employees, or contractors, while engaged in performing tYiis
Agreement, 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 disability or perceived disability, except
on the basis of a bona fide occupational qualification, retirement plan or statutory requirement.
(Contractor's, Subcontractor's or Vendor's Name] further covenants that neither it nor
its officers, members, agents, employees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Agreement, a maximum
age limit for such employment unless the specified maximum age limit is based upon a bona fide
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occupational qualification,retirement plan or statutory requirement.
9.3 UCC's Contractors and the ADA. In accordance with the provisions of the
Americans With Disabilities Act of 1990 ("ADA"), UCC warrants that it and any of its
contractors will not unlawfully discriminate on the basis of disability in the provision of services
to the general public, nor in the availability, terms and/or conditions of employment for
applicants for employment with, or employees of UCC or any of its contractors. UCC
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
CONTRACTORS AGAINST CITY ARISING OUT OF DEVELOPER'S AND/OR ITS
CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY
WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY
DISCRIMINATION IN THE PERFORMANCE OF THIS AGREEMENT.
9.4 Conflict of Interest and Violations of Criminal Law.
9.4.1 UCC Safeguards. UCC shall establish safeguards to prohibit its
employees, board members, advisors and agents from using positions for a purpose that is
or gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business or other ties. UCC shall
disclose to City any conflict of interest or potential conflict of interest described above,
immediately upon discovery of such.
9.4.2 General Prohibition Against Conflicts of Interest. No persons
who are employees, agents, consultants, officers or elected officials or appointed officials
of City or of UCC who exercise or have exercised any functions or responsibilities with
respect to activities assisted with CDBG Funds or who are in a position to participate in a
decision-making process or gain inside information with regard to these activities may
utilize CDBG services, may obtain a financial interest or benefit from a CDBG-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 1 year thereafter, unless they are
accepted in accordance with the procedures set forth at 24 CFR 570.611.
9.4.2.1 UCC shall establish conflict of interest policies for Federal Awards
and shall provide such policies in writing to City in accordance with the
requirements of 2 CFR Part 200.112.
9.4.3 Disclosure of Conflicts of Interest. In compliance with 2 CFR
Part 200.112, UCC is required to timely disclose to City in writing any potential conflict
of interest, as described in this Section.
35
9.4.4 Disclosure of Texas Penal Code Violations. UCC affirms that it
will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to
public servants.
9.4.5 Disclosure of Federal Criminal Law Violations. In compliance
with 2 CFR Part 200.113, UCC is required to timely disclose to City all violations of
federal criminal law involving fraud, bribery or gratuity violations potentially affecting
this Agreement.
10. Labor Standards.
10.1 As applicable, UCC agrees to comply with the requirements of the Secretary
of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 276a-7) as amended, the provisions
of Contract Work Hours and Safety Standards Act(40 U.S.C. 327 et seq.) and all other applicable
Federal, State and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. UCC agrees to comply with the Copeland Anti-Kick
Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the United States
Department of Labor at 29 CFR Part 5. UCC shall maintain documentation that demonstrates
compliance with hour and wage requirements of this Agreement and the CDBG Regulations.
Such documentation shall be made available promptly to City for review upon request.
10.2 UCC agrees that, where required by the CDBG Regulations, all contractors
engaged under contract for construction, renovation, or repair work financed in whole or in part
with assistance provided under this Agreement, shall comply with Federal requirements adopted
by City pertaining to such contracts and with the applicable requirements of the regulations of
the Department of Labor under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than
those required under these regulations are imposed by state or local law, nothing hereunder is
intended to relieve UCC of its obligation, if any, to require payment of the higher wage. UCC
shall cause or require to be inserted in full provisions meeting the requirements of this paragraph
in all such contracts subject to such regulations.
10.3 If Davis-Bacon is applicable, UCC shall provide City access to employee
payrolls, contractor and subcontractors payrolls and other wage information for persons
performing construction of the Development. Payrolls must be submitted to the Neighborhood
Services Department weekly, and must be available to Neighborhood Services Department staff
upon request. In addition, UCC shall ensure that City will have access to employees, contractors
and subcontractors and their employees in order to conduct onsite interviews with laborers and
mechanics. UCC shall inform its contractors and subcontractors that City staff and Federal
agencies may conduct periodic employee wage interview visits during the construction of the
CDBG funded improvements to ensure compliance.
11. Subcontracting with Small and Minority Firms, Women's Business
Enterprises and Labor Surplus Areas.
36
11.1 For procurement contracts $50,000.00 or larger, UCC agrees to abide by
City's policy to involve Minority Business Enterprises and Small Business Enterprises 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. UCC agrees to incorporate the City's BDE Ordinance, and all amendments or
successor policies or ordinances thereto, into all contracts and subcontracts for procurement
$50,000.00 or larger, and will further require all persons or entities with which it so contracts to
comply with said ordinance.
11.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business
enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative
steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as
sources of supplies, equipment, construction and services.
11.3 In order to comply with Federal reporting requirements, UCC must submit
MBE Reporting Form attached hereto in Exhibit"B"—Documentation of CDBG
Requirements for each contract or subcontract with a value of$10,000.00 or more paid or to be
paid with the CDBG Funds.
12. Other Laws. The failure to list any federal, state or City ordinance, law or
regulation that is applicable to UCC does not excuse or relieve UCC from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for UCC's
failure to follow the law, if applicable.
13. Right to Inspect UCC Contracts. It is agreed that City has the right to
inspect and approve in writing, prior to any charges being incurred, any proposed contracts
between UCC and (i) its general contractor and subcontractors, including any lower tier
subcontractors engaged in any activity that is funded as a part of the construction of the CDBG
funded improvements to ensure they contain Davis-Bacon Act and Section 3 requirements, (ii)
vendor contracts arising out of the construction of the CDBG funded improvements, and (iii)any
third parry contracts to be paid with CDBG Funds.
14. Survival. Any provision of this Agreement that pertains to the CDBG
Requirements, the National Objective, auditing, monitoring, client income eligibility, record
keeping and reports, City ordinances, the provisions of Section 3.7 of this Exhibit pertaining to
the Federal System Award Management, or any other applicable CDBG Program requirements,
and any default and enforcement provisions necessary to enforce such provisions, shall survive
the term or earlier termination of this Agreement for the longer of (i) 5 years after the
termination of this Agreement, or (ii) 5 years after the termination of the Performance Period,
and shall be enforceable by City against UCC.
15. Insurance. UCC shall require its contractors to maintain applicable insurance
coverages, limits, and other requirements as those specified in this Agreement; and, UCC shall
require its contractors to provide UCC with certificate(s) of insurance documenting such
37
coverage. Also, UCC shall require its contractors to have City and UCC endorsed as additional
insurers (as their interest may appear) on their respective insurance policies.
UCC shall require its general contractor to maintain builders risk insurance at the value of the
construction.
Notwithstanding any provision in this Agreement to the contrary, when applicable, UCC shall
comply with the requirements of 2 CFR 200.310 and shall, at a minimum,provide the equivalent
insurance coverage for real property and equipment acquired or improved with CDBG Funds as
provided to any property owned by UCC.
16. Certification Regarding Lobbying. The undersigned representative of UCC
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
UCC, to any person for influencing or attempting to influence an officer or
employee of any UCC, 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 UCC, member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, UCC shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with
its instructions.
This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Submission of this
certificate is a prerequisite for making or entering into this Contract imposed by
31 U.S C. Section 1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
UCC shall require that the language of this certification be included in all subcontracts or
agreements involving the expenditure of federal funds.
17. Litigation and Claims. UCC shall give City immediate notice in writing of any
action, including any proceeding before an administrative UCC, filed against UCC in
conjunction with this Agreement, the CDBG funded improvements or the project. UCC shall
furnish immediately to City copies of all pertinent papers received by UCC with respect to such
action or claim. UCC shall provide a notice to City within 10 days upon filing under any
bankruptcy or financial insolvency provision of law.
38
EXHIBIT "G"
2017 CDBG Improvements
UCC will use CDBG funds for permanent kitchen equipment and for playground equipment,
accessories, and fence.
Kitchen Equipment
The permanent kitchen equipment will consist of:
Sinks (One 3 Basin, One Hand, and One 2 Basin)
Upper and Lower Cabinets and Counters attached to walls
Mop Closet
Gas lines to stove/oven
Plumbing Lines to Sinks
Hookup of Vent Hood/Fire Suppression System
Cabinets/prep Counters attached to Wall
Soap Dispenser for Hand Sink
Paper Towel Dispenser for Hand Sink
Freight and Installation
Any inside the wall infrastructure, and/or plumbing, gas lines or electrical work needed to allow
for commercial kitchen operation in accordance with ADA requirements, and City of Fort Worth
construction codes and fire codes
Playground Equipment and Accessories
Playground equipment and accessories will consist of.
Playground I
Includes Play Structure, Play House, Play Panels, Spinner, Music
Panels & Sitting Area Benches
(23) 6' x 12"H StoneBorder Timber
Half ADA Ramp System/12" Borders
Geo Textile Fabric - Soil Separator
(95) Engineered Wood Fiber
Freight and Installation
Any site preparation costs, environmental study costs,ADA requirements costs, and any costs to
meet City of Fort Worth building codes, Texas Child Care Licensing requirements and Historic
requirements
Playground II
Includes (2)Play Structures, Balance Beam, Free Standing Panels,
(2) Custom Age Signs& (2) Comet Spinners
(2) 6' Traditional Series Bench - In-Ground
(53) 6'x 12"H Stone Border Timber
Half ADA Ramp System/12" Borders
(1.5) Geo Textile Fabric - Soil Separator
39
(180)Engineered Wood Fiber
Freight and Installation
Any site preparation costs, environmental study costs,ADA requirements costs, and any costs to
meet City of Fort Worth building codes, Texas Child Care Licensing requirements and Historic
requirements
Accessories
24'x 24'x 8' Four Post Hip Shade Canopy
(4) 6' Traditional Series Portable Picnic Table
(2)Traditional Series 32 Gal Litter Container with Flat Top Cover-
Portable
Assembly,Freight and Installation
Any site preparation costs, environmental study costs,ADA requirements costs, and any costs to
meet City of Fort Worth building codes, Texas Child Care Licensing requirements and Historic
requirements
Fence
Fence to enclose play area in accordance with Texas Child Care Licensing requirements
Assembly, Freight and Installation
Any site preparation costs, environmental study costs,ADA requirements costs, and any costs to
meet City of Fort Worth building codes, Texas Child Care Licensing requirements and Historic
requirements
40
M&C Review Page 1 of 2
Official
CITY COUNCIL AGENDA FORT '4
ORT
DATE: 10/25/2016 REFERENCE NO.: **C-27973 LOG NAME: 19UCC BETHLEHEM
CENTER
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with United Community Centers, Inc., in the Amount c
$600,000.00 to Finish-Out the Construction of the Bethlehem Community Center Locate
at 951 Evans Avenue (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a Substantial Amendment to the City's 2010-2011 Action Plan.
2. Authorize a change in use and expenditure of $600,000.00 in federal Economic Developmei
Initiative grant funds and Section 108 Loan funds to United Community Centers, Inc., in the form of
grant for eligible costs associated with the finish-out of the construction of the community facilii
commonly known as Bethlehem Community Center located at 951 Evans Avenue;
3. Authorize the City Manager or his designee to execute a contract and any related documents wii
United Community Centers, Inc., for the project for a six-month term beginning on the date 1
execution of the contract;
4. Authorize the City Manager or his designee to extend or renew the contract for an additional s
months, if United Community Centers, Inc., requests an extension; and,
5. Authorize the City Manager or his designee to amend the contract if necessary to achieve projei
goals provided that the amendment is within the scope of the project and in compliance with Cii
policies and applicable laws and regulations governing the use of federal grant funds.
DISCUSSION:
On December 13, 2011, the City Council authorized a change in use and expenditure of
$4,965,947.92 in federal Economic Development Initiative grant funds and Section 108 Loan funds
for the construction of a new community facility to be located at the corner of Evans Avenue and Eas
Humbolt Street in the Evans-Rosedale Business and Cultural District and authorized a lease of the
facility to United Community Centers, Inc. (UCC) (M&C C-25368). UCC, a non-profit agency founder
in 1909, provides social services including child care primarily to low and moderate income
households and individuals. The additional federal funds will pay the eligible costs of the finish-out o
the facility such as playground equipment, picnic tables, a canopy cover and permanently installed
kitchen equipment which will allow for increased functional use by UCC, especially for child care and
enhance the longevity of the facility during the 30-year term. Currently, UCC is soliciting bids from
qualified contractors to complete the finish-out of the facility.
The project is located in COUNCIL DISTRICT 8, Mapsco 77K.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22022&counciIdate=10/25/2016 12/21/2017
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current budget, as appropriated, of th
Federal Grants Capital Fund. This is a reimbursement grant.
4O
Fund Department Account Project Program Activity Budget Reference# Amoun
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Actiaity Budget Reference#) Amoun
ID ID Year (Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Alice Cruz (7322)
Avis Chaisson (6342)
ATTACHMENTS
Form 1295.pdf
PUBLICFACILITYMAP.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22022&councildate=10/25/2016 12/21/2017
C - �) " i, /3
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 0f 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-8398
United Community Centers, Inc,
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/02/2016
being filed.
City of Fort Worth Date Acknowledged:
zI f
3 Provide the identification number used by the governmental entity or state agency to track or identify the contrAct,and provide a
description of the goods or services to be provided under the contract.
Bethlehem Center Construction
Continuing construction of Bethlehem Center
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Rossi, Mae Fort Worth,TX United States X
Fernandez, Robert Fort Worth,TX United States X
Wong, Morrison Fort Worth,TX United States X
Elliott, Janna Fort Worth,TX United States X
Campion, Donald Fort Worth,TX United States X
Esparta, Celia Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear or affirm,under penalty of perjury,that the above disclosure is true and correct.
' . \ ELIZABETH ASHLEY JOHNSON
My Commission Expires
October f 9,2016 Signature of 44horizeegt of contracting business entity
11,3i
AFFIX NOTARY STAMP/TEAL ABOVE
Sworn to and subscribed before me,by the said a4lgaZ4A this the �2 not day of
20 (_,to certify which,witness my hand and seal of office.
QAA 42.-k� 19shl-eU �"�l�nson NAA� 61 Z
Signature of oL*eWministerihb oath Printed narhe of officer administering oath Title of olloer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,34416