HomeMy WebLinkAboutContract 34377 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract ("Contract") is made and entered into by and between the City of Fort
Worth ("City"), acting by and through Dale A. Fisseler, its duly authorized Assistant City
Manager, and Carver Heights East Redevelopment Corporation ("CHERC"), acting by and
through McLinda Hamilton , its duly authorized Executive Director. (Sometimes City and
CHERC are referred to individually as a"Party"and collectively as the "Parties").
WHEREAS, City has received grant monies from the United States Department of
Housing and Urban Development ("HUD") under Title I of the Housing and Community
Development Act of 1974, as amended (42 USC 5301 et seq.), for utilization in connection with
its Community Development Block Grant("CDBG"),Program No. B-05-MC-48-0010;
WHEREAS, one of the national objectives of the CDBG program is to benefit low and
moderate income citizens (the "National Objective");
WHEREAS, the assigned Catalog of Federal Domestic Assistance ("CFDA") for this
Federal program is number 14.218;
WHEREAS, the Carver Heights East neighborhood won the City's fourteenth Model
Blocks award in February 2003, and designated CHERC as its implementing entity for minor
home repair and housing development activities as part of its comprehensive strategy for
revitalization of the Carver Heights East("CHE") Model Blocks area;
WHEREAS, City Council approved the reallocation of$104,336.41 in remaining CDBG
Funds from the CHE Model Blocks Sidewalks Improvement Program, for further housing
development activities through acquisition, rehabilitation and sale of existing houses in the CHE
neighborhood, and;
WHEREAS, the City Council has determined that decent, safe, affordable housing is
needed by City's low and moderate income citizens.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1.Scope of Services
a. CHERC will acquire and rehabilitate two (2) single-family houses for sale at affordable
prices to income-eligible households (the "Project"). The CDBG funds more particularly
described herein will be used specifically for acquisition and rehabilitation of the two
single-family houses which constitute the Project. Proceeds from the sale of the hours
shall be returned to City as CDBG Program Income as more partk alarly d.escritsed hereil.
Carver Hts.East Model Blocks Housing Dev.Contract
CHERC will be paid a developer's fee of$3,000.00 from the gross sales proceeds at the
closing of the sale of each house to an eligible buyer. .
b. To secure performance of CHERC's obligations under this Contract, CHERC will
execute a Note in favor of City secured by a Deed of Trust against the real properties
purchased with CDBG Funds. . City's Note and Deed of Trust shall contain such
covenants and conditions required by CDBG Regulations, including but not limited to the
conditions under which City may enforce its loan provisions in the event of CHERC's
default. If the houses developed through this Contract are purchased by income-eligible
homebuyers , the City lien will be released.
c. The term of this Contract begins on the date of its execution and terminates eighteen(18)
months thereafter except for any provisions relating to the fulfillment of the CDBG
requirement to meet the National Objective as hereinafter defined. This Contract may be
extended or renewed for an additional (1) year term, if requested by CHERC and
approved by City. CHERC shall request such extension in writing and submit the request
to City sixty (60) days prior to the end of the Contract term. Any such extension must be
in writing as an amendment to this Contract and approved by the City Manager and his or
her designee.
d. CHERC will provide the services and activities as set forth in Exhibit "A" - Project
Summary utilizing funds as outlined in Exhibit "B" — Project Budget in accordance
with Exhibit "C" - Project Schedule. Housing units developed with CDBG Funds
furnished under this Contract shall meet all City Building Codes, ordinances and
standards. The sale price of each house shall not exceed the appraised value of such
house as determined by an independent, licensed appraiser. Any houses not sold as of the
termination of the Contract shall be conveyed to City to be sold by City to income-
eligible homebuyers.
e. CHERC agrees to meet the National Objective of providing a benefit to low and
moderate-income families; and to maintain full documentation supporting fulfillment of
this National Objective in its files. All such documentation shall be furnished to City
upon request as necessary for City to fulfill its obligations under its Federal grant.
CHERC shall meet this National Objective by selling the two houses to homebuyers
whose annual incomes, adjusted for family size, shall not exceed eighty percent (80%) of
the area median income as established by HUD. The definition of annual income to
determine homebuyer eligibility under this Contract shall be the definition contained in
92 CFR Part 203(b)(2) as amended from time to time. CHERC shall use the most current
HUD Income Guidelines and Technical Guidance for Determining Income and
Allowances to determine a homebuyer's eligibility for the Program. To ensure that
households assisted are income-eligible, CHERC will ensure that each homebuyer
purchasing the houses developed through this Project will apply for and obtain closing
cost and/or down payment assistance from the City's Homebuyer's Assistance Program
(HAP). The total amount of closing cost/down payment assistance provided from the
City's HAP shall not exceed a total of FOURTEEN THOUSAND NINE HUNDRED
NINETY-NINE AND NO/100 dollars per homebuyer. Homebuyer eligibility shall be
determined by City in City's sole discretion using City guidelines and HUD program
requirements governing the source of funds for the HAP. CHERC shall timely provide
City with all documents and information necessary for City to determine and verify
Carver Hts.East Model Blocks Housing Dev.Contract 2 Final 10-31-06
homebuyer eligibility for the HAP. CHERC will also ensure that all homebuyers
complete a homeownership training program prior to the completion of their purchase of
a house rehabilitated under the Project. To ensure each homebuyer will use the house
rehabilitated and purchased through this Project as his or her principal residence for a
minimum of five (5) years, CHERC will ensure that all homebuyers will execute a HAP
Note and record a HAP Deed of Trust in favor of City upon closing of the sale of the
houses. CHERC will obtain forms for this HAP Note and HAP Deed of Trust from City,
and will furnish copies of such executed Notes and recorded Deeds of Trust to City upon
closing. This City HAP Note and Deed of Trust shall be subordinate to any first lien
purchase money mortgage. Any sale of the house by the homebuyer during the five
(5)year period of affordability secured by the HAP Note and Deed of Trust will require
repayment of the HAP assistance amount in accordance with HUD regulations and City
policy.
f. City will monitor and evaluate CHERC's activities and performance, as well as the
activities and performance of its contractors, using goals and performance standards
required in this Contract. CHERC agrees to likewise monitor the effectiveness of the
services and work to be performed by its contractors. Substandard performance as
determined by City will constitute non-compliance with this Contract. If action to correct
such substandard performance is not taken by CHERC within a reasonable period of time
after being notified in writing by City, procedures to suspend or terminate the Contract
will be initiated and the City may exercise its rights set forth in the Note and Deed of
Trust.
2. Compensation and Method ofPayment
a. City will disburse CDBG funds ("CDBG Funds") in an amount up to ONE HUNDRED
FOUR THOUSAND, THREE HUNDRED THIRTY-SIX AND 44HI00 DOLLARS
($104,336.41) to CHERC for payment of eligible expenses for direct Project and
construction costs as more particularly described in Exhibit "B" — Budget. Funds will
be disbursed to CHERC on a reimbursement basis upon CHERC's written request in
accordance with City Housing Department's Disbursement Policy for Community
Housing Development Organizations, Model Blocks and Subrecipients.
b. Payment will be processed by City following receipt from CHERC of the following
monthly financial reporting forms: (1) Attachment I-Request for Funds, (2)
Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures
Worksheet Payment by City to CHERC shall require completion of all City forms and
copies of adequate supporting documentation verifying the eligibility of expenses. No
additional CDBG Funds shall be disbursed without the required reports and
documentation verifying and accounting for previously disbursed CDBG Funds. Payment
for costs on the second house will also require submission of Attachment IVa -
Beneficiary Performance Report, following the closing of the sale of the first house.
Closing on the second house will also require submission of Attachment IVa.
Reimbursement for the payment of eligible expenses shall be made against the line item
budget specified in Exhibit "B"-Project Budget and in accordance with performance
specified in Exhibit "C"-Project Schedule. Any improvements for which CDBG Funds
Carver Hts.East Model Blocks Housing Dev.Contract 3 Final 10-31-06
are used are subject to inspection by City Housing Department inspectors prior to any
such reimbursement. CHERC shall furnish City with a duplicate original of its
rehabilitation construction contract(s) with its contractor(s) or builder(s) prior to any
CDBG Funds being disbursed under this Contract. Such construction contract shall be in
the form as set forth in the attached Exhibit "E"- Contract for Construction. City is
under no obligation to disburse funds for expenditures that occurred prior to the first day
of the month for which the reports are submitted. Costs eligible for reimbursement may,
in City's sole discretion, include certain costs directly related to and in support of the
Project, as verified by City, which were incurred prior to the execution of this Contract.
IF THE REQUIRED REPORTS ARE NOT RECEIVED BY THE DUE DATE,
CITY RESERVES THE RIGHT TO WITHHOLD PAYMENTS REQUESTED
UNDER THIS CONTRACT AND ANY OTHER CONTRACTS WITH CHERC.
c. CHERC agrees to utilize all disbursed CDBG Funds exclusively for the benefit of the
Project. CHERC agrees that all CDBG Funds will be expended in accordance with
Exhibit "B"-Project Budget. . CHERC may not increase or decrease line item amounts
in the Project Budget without City's prior written approval.
d. It is understood that the total cost of the Project to be paid from CDBG Funds is ONE
HUNDRED FOUR THOUSAND THREE HUNDRED THIRTY SIX AND 44/100
DOLLARS ($104,336.41) and that CHERC will obtain from other sources any other
funds required in excess of the CDBG Funds detailed in Exhibit "B" - Project Budget.
CHERC will notify City promptly of any additional funding it receives for the
development of the Project, and City reserves the right to amend Exhibit "B" - Project
Budget in such instances, as applicable.
e. CHERC agrees to keep all CDBG Funds disbursed by City on hand in interest bearing
accounts. Any interest earned shall be reported to City on a monthly basis, at the same
time as submission of the monthly report following the end of the Contract month during
which the interest was earned. Interest in an amount of $25.00 per month or less per
month may be used for authorized Project expenses; however, such amounts must be
reported on the financial statements filed pursuant to this Contract. Interest earned in
excess of$25.00 per month is subject to remittance to the City as directed by City.
f. CHERC will not commingle CDBG Funds with any other funds in any manner that
would prevent City from readily identifying expenditures for the Project.
3. Uniform Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
CHERC agrees to comply with 24 CFR 84 and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
ii. Cost Principles
CHERC shall administer the Project in conformance with OMB Circular A-122, "Cost
Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding
principles for determining costs for the Project.
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b. Documentation and Record Keeping
i. Requirement
CHERC shall maintain all records pertinent to the activities to be funded under this
Contract required by HUD regulations specified in 24 CFR § 570.506. In addition,
CHERC agrees to keep records to fully document all expenditures charged to the CDBG
portion of the Project. The documentation must support the amounts charged to Project
and demonstrate that the expenditures were appropriate to the stated goals of the Project
and allowable under applicable Federal, state and City guidelines. Copies of such
documentation shall be furnished to City as needed to support request for disbursements of
CDBG Funds.
CHERC will keep on file and furnish to City as requested the following information on
each household served by the Project, including households that apply for but may not be
the final beneficiaries of the Project:
(a) Annual income and size of the prospective homebuyer household.
(b) Ethnicity and race of the prospective homebuyer household, using one of the
following categories: Ethnicity — Hispanic/Latino or Non-Hispanic/Latino; Race —
White, Black/African American, Asian, American Indian/Alaskan Native, &
Hawaiian/Other Pacific Islander, Multi-Racial (American Indian/Alaskan Native &
White, Asian & White, Black/African American & Whtie, American
Indian/Alaskan Native &Black/African American, Other Multi-Racial).
(c) Whether the head of the prospective homebuyer household is male or female.
(d) Whether the head of the prospective homebuyer household is elderly or non-
elderly.
(e) Whether the head of the prospective homebuyer household is disabled or non-
disabled.
CHERC will keep on file and furnish to City as requested the following
information and documentation on each individual house:
(a) Proof that the property meets the applicable property standards (inspections,
certificate of occupancy).
(b) The per unit amount of CDBG Funds invested.
(c) Records documenting and demonstrating actions taken to affirmatively further fair
housing and comply with affirmative marketing requirements.
(d) Records documenting compliance with lead-base paint requirements.
(e) Records documenting compliance with procurement requirements.
(f) Records documenting compliance with conflict of interest rules.
(g) Copies of the construction contractor(s) and/or builder(s) Certificate of
Registration with the State of Texas..
CHERC will keep on file and furnish to City as requested copies of the following
homebuyer loan documentation for each individual homebuyer:
(a) Sales Contract between Seller and Buyer.
(b) Appraisal.
(c) Environmental Review.
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(d) Housing Quality Standards Inspection Checklist.
(e) Closing Settlement Statement (HUD-1).
(f) Warranty Deed.
(g) First Lien Promissory Note.
(h) First Lien Deed of Trus.
(i) Subordinate Promissory Note.
0) Subordinate Deed of Trust.
(k) Mortgagee's Title Policy.
(1) Homeowner's Insurance Policy.
(m)Survey.
(n) Termite Inspection(as applicable).
(o) Lead Based Paint Disclosure Statement(as applicable).
(p) Notice To Seller(Guide-Form Notice).
ii. Retention
All records pertaining to the Project shall be retained for four (5) years following the date
of termination of this Contract. CHERC may destroy Project records at the end of this
four(5)year period if no outstanding audit finding exists
iii. Property Records
CHERC shall maintain real property inventory records which clearly identify properties
purchased, improved, or sold with assistance of CDBG Funds. Properties retained shall
meet eligibility criteria and shall conform to 24 CFR § 570.505.
iv. Close Outs
CHERC's obligation to City shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of project assets ( including the return of all unused materials,
equipment, unspent cash advances, program income balances, and accounts receivable to
City), and determining the custodianship of records.
v. Audits and Inspections
(1) City, HUD, and the United States Comptroller General, or their respective
representatives, shall have access to any books, documents, records and papers relating to
the operations of CHERC under this Contract for the purpose of audit, examination,
exception and transcription at all of CHERC's offices at all reasonable hours
(2)All non-federal entities that expend $500,000 or more in Federal funds within one (1)
year, regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific
reference to OMB Circulars (with attachments) .A-122, "Cost Principles for Non-Profit
Organizations", and A-133, "Audits of States, Local Governments, and Non-Profit
Organizations", as appropriate. As applicable, this audit may cover either CHERC's
fiscal year during which this Contract is in force or cover the period of this Contract. The
audit must be prepared by an independent certified public accountant, be completed
within twelve (12) months following the end of the period being audited and be submitted
to City within thirty (30) days of its completion. CHERC's audit certification is attached
hereto as Exhibit D - Audit Certification Form and Audit Requirements. The Audit
Certification Form must be submitted to City within sixty (60) days of the end of the
period being audited (CHERC's fiscal year). Costs of preparation of this audit may be an
Carver Hts.East Model Blocks Housing Dev.Contract 6 Final 10-31-06
allowable expenditure of CDBG Funds in an amount proportional to that of the CDBG
Funds used in CHERC's total agency operating budget, and only as authorized by line
item in Exhibit "B" — Project Budget. Non-profit entities that expend less than
$500,000 a year in Federal funds are exempt from Federal audit requirements for that
year, but records must be available for review or audit by appropriate officials of the
Federal agency, City, and General Accounting Office ("GAO").
(3) City reserves the right to perform an audit of CHERC's agency operations and
finances at any time during the term of this Contract, if City determines that such audit is
necessary for City's compliance with OMB Circular A-133. CHERC agrees to allow
access to all relevant books, records and materials. If such audit reveals a questioned
practice or expenditure, such questions must be resolved within fifteen (15) days after
notice to CHERC. If questions are not resolved within this period, City reserves the right
to withhold further funding under this and/or future contract(s)with CHERC.
(4) If as a result of any audit it is determined that CHERC have misused, misapplied or
misappropriated all or any part of the CDBG Funds, CHERC agrees to reimburse the City
the amount of such monies so misused, misapplied or misappropriated, plus the amount
of any sanctions, penalty or other charge levied against City because of such misuse,
misapplication or misappropriation.
4. Reuortinm Procedures
a. Financial Reports
CHERC will submit to City on a monthly basis: (1)Attachment I - Request for Funds,
(2) Attachment II - Detailed Statement of Costs, (3) Attachment III - Expenditures
Worksheet, as applicable, for expenses incurred for services and activities accomplished
by CHERC in performance of this Contract. Actual cash receipts for claimed
expenditures must be provided at the time the request for funds is presented. The reports
must be signed by a duly authorized agent of CHERC and submitted by the 151I' of the
month following the month being reported. City is under no obligation to disburse funds
for expenditures that occurred prior to the first day of the month for which the report is
submitted.
b. Progress Reports
CHERC will submit to City on a monthly basis: (1) Attachment IV - Monthly Report,
and (2)Attachment IVa —Beneficiary Performance Report on activities undertaken by
CHERC in performance of this Contract. The report will be signed by a duly authorized
agent of CHERC and submitted by the 15`h of the month following the month that is
reported.
c. Program Income
CHERC agrees that all program income from operation of the Project will be returned to
the City upon sale of the houses. City will utilize such CDBG program income in
accordance with HUD Regulations governing the use of such income.
Carver Hts.East Model Blocks Housing Dev.Contract 7 Final 10-31-06
d. Procurement
i. Compliance
CHERC shall comply with City policy concerning the purchase of equipment and shall
maintain inventory records of all non-expendable personal property, as defined by such
policy,procured with funds provided under this Contract.
ii. OMB Standards
CHERC shall procure all materials, property, or services in accordance with the
requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as
modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property.
Specifically, CHERC shall obtain bids for the performance of all construction work
performed and funded under this Contract and shall maintain sufficient documentation on
all procurement activities to demonstrate that, to the maximum extent practical, open and
free competition has been provided for.
e. Tenant Records
i. CHERC will keep or cause to be kept an accurate record of all actions taken and all
CDBG Funds expended, with source documents, in performance of this Contract. Such
records shall be kept for the period mandated by the CDBG Regulations and this Contract.
ii. As applicable, CHERC will obtain and keep on file the following information on each
tenant served by the Project and furnish to City on request
a. Annual income and size of the household;
b. Race and ethnicity of each tenant household, using reporting categories as
required by HUD.
c. Whether the head of household is male or female, whether the head of
household is single, and whether there are children in the household;
d. Any additional Project performance data and statistical information as may be
required by the City Housing Department, CDBG Regulations or other HUD
regulations and any amendments thereto.
iii.CHERC will keep on file the following information and documentation and furnish to
City on request:
a. Proof that the Project meets applicable property, building construction and
housing quality standards;
b. Documentation verifying compliance with any applicable affirmative
marketing requirements and existence of acceptable procedures;
c. Documentation verifying compliance with CHERC's temporary relocation
plan and HUD relocation requirements, if applicable.
5. Reversion ofAssets and Use ofProzram Income
a. Any income produced or generated through the use of CDBG Funds in this Contract shall
be defined as CDBG Program Income. CHERC agrees to return to City any CDBG Funds
or CDBG Program Income remaining on hand at the end of the Contract. CHERC shall
return the net sales proceeds from the sale of the two (2)houses as well as any other CDBG
Program Income generated through this Contract to City. To secure City's interest in the
houses to be purchased and rehabilitated in the event that CHERC is unable for any reason
to fully complete the Project, CHERC agrees to execute and record appropriate security �-
,r
Carver Hts.East Model Blocks Housing Dev.Contract 8 Final 10-31-06 i
instruments including without limitation, notes, deeds of trust, security agreements, pledges
or other similar security instruments, on these properties. City agrees to execute partial
releases of such security instruments as may be necessary to allow CHERC to complete its
obligations under this Contract provided that CHERC is not otherwise in default of the
provisions of this Contract including but not limited to those provisions relating to
homebuyer income eligibility.
b.All real or personal property purchased with CDBG Funds under this Contract will be used
solely for operation of the Project. CHERC agrees to obtain City approval prior to
purchase of real or personal property and CHERC agrees to notify City upon purchase or
receipt of real or personal property so that it may be properly tagged and inventoried. Title
to such property will be vested in the City, and CHERC will deliver all such real or
personal property to City for disposition, at City's sole discretion at the termination of the
Project.
c. In the event CHERC is dissolved, this Contract shall thereupon terminate. In the event this
Contract is terminated with or without cause, or for any reason whatsoever, all CDBG
assets including cash, interest payments thereon from loans or otherwise, all outstanding
notes, mortgages and other instruments to secure CDBG Funds, any CDBG Program
Income on hand, and all real or personal property purchased with CDBG Funds shall
belong to the City and shall be transferred to the City or to such assignees as the City may
designate.
d. Real property under CHERC's control that was acquired or improved, in whole or in part,
with CDBG Funds furnished under this Contract in excess of$25,000.00 shall be used to
meet one of the CDBG National Objectives until five (5) years after the expiration of this
Contract. If CHERC fails to use CDBG-assisted real property in a manner that meets a
CDBG National Objective for the prescribed time period, CHERC shall repay City the
CDBG Funds expended.
6. Applicable Laws
a. Federal
CHERC agrees to comply with the following laws and the applicable regulations as they are
currently written or are hereafter amended during performance of this Contract:
• Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations" or
Regulations")
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086
and as supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8
where applicable
• The Americans with Disabilities Act of 1990
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• Executive Order 11063, Executive Order 11246 as amended by Executive Orders
11375, 11478, 12107 and 12086.
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
("NEPA")and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended(42 USC 7401 et seq.),the Clean Water Act of 1977, as
amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 50, as
amended from time to time, and Executive Order 11738. In no event shall any amount
of the assistance provided under this Contract be utilized with respect to a facility that
has given rise to a conviction under the Clean Air Act or the Clean Water Act
• Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) relating to
inspection, monitoring, entry, reports, and information, as well as other requirements
spelled out in Sections 114 and 308 and regulation and guidelines issued thereunder.
• Flood Disaster Protection Act of 1973 (42 USC 4001 et seq.)
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically
including the provisions requiring employer verification of the legal status of its
employees
• The Housing and Community Development Act of 1987 (42 USC 5301 et seq.)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.)and 24 CFR Part 23, Subpart F
• Regulations as 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
• Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred, or suspended persons or entities.
• Regulations at 24 CFR Part 882.708 (c) pertaining to site and neighborhood standards
for new constructions projects
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC
1701u et seq) and its related regulations at 24 CFR Part 135
As the work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38
("Section 3") requires that the following clause be inserted in all covered contracts
("Section 3 Clause"):
"A. The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section
3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,
which implement Section 3. As evidenced by their execution of this contract, the Parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
Carver Hts.East Model Blocks Housing Dev.Contract 10 Final 10-31-06
notice advising the labor organization or workers' representative of the contractor's commitments
under this section 3 clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth minimum number and
job titles subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of the positions;
and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding
that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will
not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is executed, and
(2) with persons other than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to
the maximum extent feasible, but not in derogation of compliance with section 7(b)."
City and CHERC 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
CHERC and their respective successors, assigns and contractors. Failure to fulfill these
requirements shall subject CHERC and its contractors, 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.
c. Lead Based Paint Requirements
As required by CDBG Regulations at 24 CFR 570.608, all houses built prior to 1978 that are
proposed to rehabilitated with Federal funds under this Contract shall require inspection for
lead based paint. Inspection and abatement work shall be carried out by contractors and
workers certified and trained under the standards and requirements of the Texas Department of
Health, Environmental Lead Branch. This includes inspectors, risk assessors, abatement and
hazard reduction contractors. CHERC shall ensure that each of the construction contracting
Carver Hts.East Model Blocks Housing Dev.Contract I I Final 10-31-06
firms, lead abatement supervisors, lead workers, lead inspectors, and risk assessors
performing work on houses assisted with federal funds that require lead hazard reduction are
certified under the laws and regulations of the State of Texas Department of Health,
Environmental Lead Branch. CHERC shall ensure that all such firms, abatement supervisors,
lead workers, inspectors, and risk assessors performing work on houses assisted through this
Contract, submit a written certification to the City Housing Department verifying their
certification status under the laws and regulations of the State of Texas Department of Health,
Environmental Lead Branch.
CHERC and all of its contractors shall comply with appropriate HUD and EPA regulations
regarding lead-based paint notification, disclosure, or work practices during lead hazard
control activities. CHERC and all of its contractors shall prohibit the use of open-flame
burning, chemical strippers containing methylene chloride, dry scraping, uncontained
hydroblasting or hydrowashing, uncontained abrasive blasting, machine sanding without
HEPA attachments or heat stripping above 1100' as work practices at any time. CHERC and
all of its contractors shall dispose of waste resulting from lead hazard control activities in
accordance with the requirements of the appropriate local, State and Federal regulatory
agencies. CHERC or its contractors must handle disposal of wastes from hazard control
activities tha contain lead—based paint, but are not classified as hazardous, in accordance with
State or local law or the HUD Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards in Housing.
City's Housing Department will conduct a final inspection of any lead hazard control work
performed at houses rehabilitated and/or assisted with CDBG funds under this Contract.
d. Other Laws
CHERC covenants and agrees that its officers, members, agents, employees, Project
participants and contractors shall abide by and comply with all other laws, Federal, state and
local, relevant to the performance of this Contract, including all applicable City ordinances,
rules and regulations and the Housing and Community Development Act of 1974 (43 USC
5301 et seq.), as amended, and the CDBG Regulations, as amended,. CHERC further
promises and agrees that it has read, and is familiar with, terms and conditions of the
Community Development Block Grant under which CDBG Funds are granted, including but
not limited to any applicable provisions of the CDBG Regulations, and that it will fully
comply with them. It is agreed and understood that, if City notifies CHERC of any such
violation on the part of CHERC or any of its officers, members, agents, employees, Project
participants or contractors, then CHERC shall immediately desist from and correct such
violation.
e. Labor Standards
i. As applicable, CHERC agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis-Bacon Act 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 Contract. CHERC agrees to comply with the Copeland Anti-Kick Back
Carver Hts.East Model Blocks Housing Dev.Contract 12 Final 10-31-06
Act(18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor
at 29 CFR Part 5. CHERC shall maintain documentation that demonstrates compliance with
hour and wage requirements of this Contract and CDBG Regulations. Such documentation
shall be made available promptly to City for review upon request.
ii. CHERC agrees that, except with respect to the rehabilitation or construction of residential
property containing less than eight (8) units, all contractors engaged under contract in excess
of $2,000.00 for construction, renovation or repair work financed in whole or in part with
assistance provided under this Contract, 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 CHERC of its obligation, if any, to require payment of the higher wage.
CHERC shall cause or require to be inserted in full, in all such contracts subject to such
regulations,provisions meeting the requirements of this paragraph.
7. Nondiscrimination
a. CHERC will not unlawfully discriminate against any person or persons because of sex,
race, religion, age, disability, color, national origin, or familial status, nor will CHERC
permit its officers, members, agents, employees, contractors or Project participants to
engage in such discrimination. In accordance with the CDBG Regulations at 24 CFR
570.601, CHERC will affirmatively further fair housing and adopt affirmative marketing
procedures so as to ensure that all individuals, without regard for sex, age, race, creed,
nationality, religion, handicap status or familial status are given an equal opportunity to
participate in the Project. CHERC will be solely responsible for effectively marketing the
houses to achieve CHERC's housing unit production goals.
b. CHERC covenants that neither it nor any of its officers, members, agents, employees,
Project participants or contractors, while engaged in performing this Contract, shall, in
connection with the employment, advancement or discharge of employees or in connection
with the terms, conditions or privileges of their employment, discriminate against persons
because of their age except on the basis of bona fide occupational qualification, retirement
plan or statutory requirement.
c. CHERC further covenants that neither it nor any of its officers, members, agents,
employees, Project participants or contractors or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is based
upon a bona fide occupational qualification,retirement plan or statutory requirement.
d.In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
CHERC warrants that it and any and all 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
CHERC, or employees of CHERC or any of its contractors. CHERC 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
Carver Hts.East Model Blocks Housing Dev.Contract 13 Final 10-31-06
or allegations asserted by third parties or contractors against City arising out of CHERC's
and/or its contractors' alleged failure to comply with the above-referenced laws concerning
disability discrimination in the performance of this Contract.
e. This Contract is made and entered into with reference specifically to the ordinances codified
at Chapter 17,Article III, Division 3 "Discrimination in Employment Practices", of the City
Code, and CHERC hereby covenants and agrees that CHERC, its officers, members,
agents, employees and subcontractors, have fully complied with all provisions of same and
that no employee, employee-applicant or Project participant has been discriminated against
by the terms of such ordinances by either the CHERC or its officers, members, agents,
employees or subcontractors.
8. Prohibition Azainst Interest
a. No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Project is situated; and no other public official
of such locality or localities,who exercises any functions or responsibilities with respect to
the Project funded hereunder during his or her tenure or for one year thereafter, shall have
any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for
work to be performed hereunder. CHERC shall incorporate, or cause to be incorporated,
like language prohibiting such interest in all contracts and subcontracts entered into in
connection with the Project.
b. No member, officer, employee, or Project participant of CHERC or its contractors shall
have a financial interest, direct or indirect, in this Contract or the CDBG Funds transferred
hereunder or be financially interested, directly or indirectly, in the sale to CHERC of any
land, materials, supplies or services purchased with CDBG Funds transferred hereunder,
except on behalf of CHERC, as an officer, employee, member or Project participant. Any
willful violation of this paragraph with the expressed or implied, knowledge of CHERC or
its contractors shall render this Contract voidable by the City.
9. Minority and Women Business Enterprise Commitment
CHERC agrees to abide by the City's policy to involve Minority and Women Business
Enterprises (MWBEs) in all phases of its procurement practices and to provide them an 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. CHERC
agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies
thereto, into all contracts and will further require all persons or entities with whom it contracts
to comply with said Policy.
10. Non Assignment
No assignment or delegation of duties under this Contract by CHERC shall be effective
without City's prior written approval. Any attempted assignment of same without approval
shall be void, and shall constitute a breach of this Contract. It is agreed that the City has the
right to inspect and approve in writing any proposed contracts between CHERC and any
Carver Hts.East Model Blocks Housing Dev.Contract 14 Final 10-31-06
contractor engaged in any activity in conjunction with this CDBG funded Project prior to any
charges being incurred.
11. Independent Contractor
a. CHERC shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. CHERC shall have exclusive control of, and the exclusive
right to control, the details of the work and services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
members, agents, servants, employees, contractors, Project participants, licensees or
invitees. The doctrine of respondeat superior shall not apply as between City and
CHERC, its officers, members, agents, servants, employees, contractors, Project
participants, licensees or invitees, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and CHERC It is expressly understood and
agreed that no officer, member, agent, employee, contractor, licensee or invitee of
CHERC, nor any Project participant hereunder, is in the paid service of City and that City
does not have the legal right to control the details of the tasks performed hereunder by
CHERC, its officers, members, agents, employees, contractors, Project participants,
licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property belonging
to CHERC, its officers, members, agents, employees, contractors, Project participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and
CHERC hereby indemnifies and holds harmless City and its officers, agents, and
employees from and against any and all claims or suits.
12. Indemnification and Release
a. CHERC COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROJECT DESCRIBED
HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CHERC HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS,
AGENTS, SERVANTS,AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED•;j'7 J
Carver Hts.East Model Blocks Housing Dev.Contract 15 Final 10-31-06
PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND
AGREEMENT AND/OR THE OPERATIONS,ACTIVITIES AND SERVICES OF THE
PROJECTS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR
IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CHERC
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF CHERC, ITS OFFICERS,
MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES,
LICENSEES, OR PROJECT PARTICIPANTS, OR CAUSED, IN WHOLE OR IN
PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
CHERC AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES,
OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR
INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED
IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY
THE CITY'S SOLE OR CONCURRENT NEGLIGENCE.
CHERC SHALL REQUIRE ALL OF ITS CONTRACTORS TO INCLUDE IN THEIR
CONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
13. Insurance and Bonding
a. CHERC will maintain blanket fidelity coverage in the form of an insurance bond in the
amount of$30,000.00 or more to insure against loss from the fraud, theft or dishonesty of
any of CHERC's officers, agents, trustees, directors or employees. The proceeds of such
bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by
such misconduct. To effectuate such reimbursement, such bond shall include a rider stating
that reimbursement for any loss or losses thereunder shall be made directly to City for the
use and benefit of CHERC.
b. CHERC shall furnish to City, in a timely manner, certificates of insurance as proof that it
has secured and paid for policies of commercial insurance as specified herein. Such
certificates of insurance shall be valid for the entire term of this Contract. Such insurance
shall cover all insurable risks incident to or in connection with the execution, performance,
attempted performance or nonperformance of this Contract. CHERC shall maintain the
following coverages and limits thereof:
i. Commercial General Liability Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
ii. Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
Carver Hts.East Model Blocks Housing Dev.Contract 16 Final 10-31-06
$250,000 Bodily Injury per person
$500,000 Bodily Injury per accident
$100,000 Property Damage
Insurance policy shall be endorsed to cover"Any Auto", defined as autos owned, hired
and non-owned.
iii. Directors and Officers Insurance (Optional but Highly Recommended)
Note: This insurance shall cover CHERC and any associated Board of Directors
members.
iv. Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease - each employee
$500,000 disease—policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. CHERC and
its General Contractors and subcontractors shall maintain such coverage. In the event
CHERC's subcontractors do not maintain such coverage, CHERC shall maintain the
coverage on such subcontractors for each applicable subcontract.
v. Additional Requirements
Such insurance amounts shall be revised upward at City's option and CHERC shall
revise such amounts within thirty (30) days following notice to CHERC of such
requirements. CHERC will submit to City documentation that it has obtained
insurance coverage and has executed bonds as required in this Contract and prior to
payment of any monies hereunder. Each insurance policy shall be endorsed to provide
City with a thirty (30) day's notice of cancellation, non-renewal, and/or material
change in policy terms or coverage. Insurance policies required herein shall be
endorsed to include the City as an additional insured as its interests may appear.
Additional insured parties shall include City employees, officers, agents, and
volunteers. The Workers' Compensation Insurance policy shall be endorsed to include
a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of
City.
c. Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of CHERC's insurance policies shall be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to business
in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength
and solvency and each such company shall have a current minimum A.M. Best Key Rating
Guide rating of A: VII or other equivalent insurance industry standard rating unless
otherwise approved by City. Deductible limits on insurance policies shall not exceed
$5,000 per occurrence unless otherwise approved by City.
d. Any local, federal or other regulatory insurance or bonding requirements for the Project
that exceed those specified herein shall prevail.
e. CHERC shall agree to require its construction and other contractors to maintain applicable
Carver Hts.East Model Blocks Housing Dev.Contract 17 Final 10-31-06
insurance coverages, limits, and other requirements as those specified herein, specifically
but not limited to, Commercial General Liability Insurance and Worker's Compensation
Insurance and Business Automobile Liability Insurance; and, CHERC shall require its
contractors to provide CHERC with certificate(s) of insurance documenting such
coverage. Such certificates of insurance shall be valid for the entire term of the
contractor's contract with CHERC. Also, CHERC shall require its contractors to have
City and CHERC endorsed as additional insured (as their interests may appear) on their
respective insurance policies and provide a Waiver of Subrogation in favor of City and
CHERC on the Workers' Compensation insurance policy. CHERC shall require its
construction contractors to maintain builders risk insurance at the limit of applicable
project(s) costs when the value of materials involved exceeds $10,000 or at a different
limit value limit as specified by City.
14 Waiver oflmmunity
If CHERC is a charitable or nonprofit organization and has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property; CHERC hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
15 Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with CDBG funds, pursuant to Title I of the Housing and
Community Development Act of 1974, as amended, it is expressly understood and agreed
by and between the Parties that this Contract is wholly conditioned upon the actual
receipt by City of Federal CDBG grant funds; that all monies distributed to CHERC
hereunder shall be exclusively from Federal monies received under said grant and not
from any other monies of City; and that if such funds under City's Federal grant are not
timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this
Contract and City shall not be liable for payment for any work or services performed by
CHERC under or in connection with this Contract.
b. City may terminate this Contract whenever such termination is determined to be in City's
best interest, in event of CHERC's default, inability or failure to perform or to comply
with any of the terms herein, or for other good cause.
c. CHERC shall begin construction work within four (4) months from the date this Contract
is executed. Failure to begin construction work within four (4) months shall be grounds
for termination of this contract. The Parties acknowledge that CDBG Funds paid
hereunder are intended to provide only partial funding for CHERC's program operations.
City may terminate this Contract if non-CDBG funds included in the Project Budget, as
applicable, are not forthcoming to and documented by CHERC during the Contract term.
d. CDBG Funds provided hereunder may not be used as collateral for loans to CHERC to
defray program operation expenses, and any attempted use of CDBG Funds for this
purpose will result in termination of this Contract by City.
Carver Hts.East Model Blocks Housing Dev.Contract 18 Final 10-31-06
e. Termination will be effected by written notice to CHERC, specifying the portions of the
Contract affected and the effective date of termination. Upon CHERC's receipt of such
termination notice, CHERC will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures of CDBG Funds, except as necessary for completion of the
portions of the Contract not terminated; and
• Terminate all orders and contracts to the extent that they relate to terminated portions
of the Contract being terminated.
f. CHERC will return to City any unused CDBG Funds previously distributed by City under
this Contract within thirty (30) days of the effective date of Contract termination. City
will have no responsibility or liability for CHERC's expenditures or actions occurring
after the effective date of Contract termination.
16. Certification Rewrdinz Lobbyin�
a. The undersigned representative of CHERC 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 CHERC, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of
Congress or an employee of a member 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.
CHERC shall require that the language of this certification be included in all contracts or
agreements involving the expenditure of Federal funds.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement,
CHERC shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying"in accordance with its instructions.
c. This certification is a material representation of fact upon which reliance was placed when
this Contract was made or entered into. Submission of this certificate is a prerequisite for
making or entering into this Contract imposed by 31 USC Section 1352. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than
$10,000.00 and no more than $100,000.00 for each such failure.
17. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all contractors of CHERC who are in any
way paid with CDBG Funds or who perform any work in connection with CHERC's
Project.
b. The provisions of this Contract are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or
Federal or state agency, board or commission having jurisdiction over the subject matter
Carver Hts.East Model Blocks Housing Dev.Contract 19 Final 10-31-06
thereof, such invalidity shall not affect other provisions which can be given effect without
the invalid provision.
c. City's failure to insist upon the performance of any term or provision of this Contract or to
exercise any right herein conferred shall not be construed as a waiver or relinquishment to
any extent of City's right to assert or rely upon any such term or right on any future
occasion.
d. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Contract, venue for said
action shall lie in Tarrant County,Texas.
e. This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Contract for all purposes, constitute the entire agreement
between the Parties concerning the work and services to be performed hereunder, and any
prior or contemporaneous, oral or written agreement which purports to vary from the
terms hereof shall be void. Any amendments to the terms of this Contract must be in
writing and must be approved by each Party.
f. All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit
in a United States Postal Service post office or receptacle; (ii) with proper postage
(certified mail, return receipt requested); and (iii) addressed to the other Party at the
address set out in the preamble of this Contract or at such other address as the receiving
Party designates by proper notice to the sending Party.
g. None of the performance rendered under this Contract shall involve, and no portion of the
CDBG Funds received hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance or administration of any sectarian or religious facility or activity,
nor shall said performance rendered or funds received be utilized so as to benefit, directly
or indirectly, any such sectarian or religious facility or activity.
h. CHERC represents that it possesses the legal authority, pursuant to any proper, appropriate
and official motion, resolution or action passed or taken, to enter into this Contract and to
perform the responsibilities herein required.
i. CHERC certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue
Service and has annually filed appropriate reporting documents with the Internal Revenue
Service. CHERC shall notify City in writing of any changes to its 501 (c) (3) tax-exempt
status during the term of this Contract. CHERC agrees to provide City with a board roster
and certification of its continued status as a non-profit organization on an annual basis.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Carver Hts.East Model Blocks Housing Dev.Contract 20 Final 10-31-06
IN WITNESS WHEREOF, the partie tereto have executed four *es of this Contract in
Fort Worth,Tarrant County, Texas, this �h day of n ' , 2006.
CITY OF FORT WORTH CARVER HEIGHTS EAST
REDEVE O NT
C I
By: By:
Dale A. Fisse McLinda H ilton
Assistant City Manager Executive Director
APPROVED AS TO FORM AND LEGALITY:
'5. 'Vaa-'a� 'q Assistant City Attorney - I �
a
Contract Authorization
ATTEST: ]-,75—W
mLiuk�4L4� Date
City Secretary
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on DE C k nl BE , 2006 by Dale
A. Fisseler, the Assistant City Manager of the City of Fort Worth, on behalf of the Ci of Fort
Worth. �
�,gkyP� MARIA S. SANCHEZ v
NOTARY PUBLIC Not ry Public, State of Texas
STATE OF TEXAS
M OF t� My Comm.Exp.12-14-2009
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on '-40Lj 1"yA 2, 2006 by
McLinda Hamilton, Executive Director of Carver Heights East Redevelopment Corporation, a
Texas non-profit corporation, on behalf of said corporation.
7
No Public, State of Tex s
MATTIE SANDERS4AITCHELL
MY COMMISSION EXPIRES c p
E .tip March 17,2010
Carver Hts.East Model Blocks Housing Dev.Contract 21 Final l
EXHIBIT"A"
PROJECT SUMMARY
SCOPE OF WORK
Carver Heights East Redevelopment Corporation
DESCRIPTION:
Carver Heights East Redevelopment Corporation ("CHERC") will act as Developer by
acquiring two single-family houses in the Carver Heights East Model Blocks area. CHERC
will contract with qualified General Contractor(s) to rehabilitate these houses for sale to
income-eligible homebuyers. Each house must pass inspection by City Housing Department
inspectors to assure construction quality and adherence to HUD Lead-Based Paint
regulations, as well as any applicable property standards.
CHERC will affirmatively market the homes for sale to income eligible buyers whose
household incomes are no greater than eighty percent (80%) of the area median income,
adjusted for family size. CHERC shall provide City with a copy of its affirmative marketing
plan upon submission of its first payment request for each home developed under this
contract, which shall include such steps as retention of a Realtor, distribution of flyers and
brochures, scheduling of "open house" events, and a description of any other outreach
activities to potential buyers. Any such Realtor as may be retained by CHERC as Seller may
be provided reasonable and customary fees or commissions, up to a maximum of, but not
exceeding, 6% of the sales price of each house. CHERC will ensure that the buyers of these
two (2) houses receive a minimum of $1000 each in down payment and/or closing cost
assistance to ensure the affordability of the homes. Such down payment and/or closing cost
assistance will be made available from the City's Homebuyer's Assistance Program, up to a
total of$14,999.00 per homebuyer.
As applicable, houses acquired and rehabilitated through this Contract will be eligible for
application for City Neighborhood Empowerment Zone basic incentives, including fee waivers
and five (5)-year tax abatements.
Net sales proceeds from the sale of the houses are defined under the CDBG Regulations as
CDBG Program Income and will be returned to City at closing. CHERC will receive a $3000
developer fee for each house from these sales proceeds at closing.
The City's investment in each of the single-family properties to be rehabilitated through this
Contract will be secured by a first lien note and deed of trust. City will execute releases of
each of its deeds of trust upon the closing of the sale of each completed house to an income-
eligible homebuyer provided the terms of the Contract are met, at which time a subordinate
lien will be filed on each property to secure its affordability for a minimum 5-year term in
accordance with HUD regulations governing the Homebuyer Assistance Program referenced
above.
Carver Hts.East Model Blocks Housing Dev.Contract 22 Final 10-31-06
PROGRAM OBJECTIVES: 1) Complete two (2) acquisition/rehabilitation/resale houses. 2)
Fulfillment of reporting requirements to the City.
PROGRAM MEASURES: Estimated Budget
2006-2007
• Acquire,rehabilitate and sell two • Direct Project Costs including acquisition $104,336.41
(2)quality houses that meet City and construction
housing standards for residents
who do not exceed 80%of AMI..
Total Program Budget $ 104,336.41
Carver Hts.East Model Blocks Housing Dev.Contract 23 Final 10-31-06
Exhibit`B"
PROJECT BUDGET
Carver Heights East Redevelopment Corporation
Acquisition Rehabilitation Project for Model Blocks Program
Cost Item House No. 1 House No. 2 Total CDBG
Funds
PROJECT COSTS
Acquisition Other sources 26,500 26,500
Rehabilitation Construction Costs 34,050 34,000 68,050
Incl. Site Preparation, Grading, etc.
Appraisal 350 350 700
Title and Recording Fees 650 700 1350
Construction Contingency 10% 3400 3336.41 6,736.41
-Existing Utility Hook-ups & Payments 500 500 1000
Total Project Development Costs $ 38,950 $ 65,386.41
TOTAL $104,336.41
*To Be Paid From Sales Proceeds*
Developer Fee 3,000 3,000
I .. ,. 1: ;;c� u _eta
�.......- r.., r.-... r..a_ nt...a.,. ......:....ri.,.. �.,-.r.,. 24 17.1--1 in o I nc
EXHIBIT "C"
PROJECT TIMELINE
Acquisition of House# 1(Non-Contract Funds) September 2006
Contract Execution November 2006
Bid Process&Contractor Selection,House#1 November 2006
Identification/Selection of House#2 November 2006-February 2007
Rehabilitation of House#1 November 2006-March 2007
Acquisition of House#2 December 2006—March 2007
Marketing of House#1 December 2006 to February 2007
Sale of First House February—March 2007
Bid Process&Contractor Selection,House#2 April 2007
Rehabilitation of House#2 May 2007—August 2007
Sale of House#2 September 2007
n-....,-IT.- V--.f l-4-1 m.._t..,IT-..-:--ram.... n.._....... 25
EXHIBIT D
CITY OF FORT WORTH HOUSING DEPARTMENT
Audit Certification Form
Subrecipient: Fiscal Year Ending:
Mo Day Yr
❑ We have exceeded the federal expenditure threshold of $500,000. We will
have our Single Audit or Program Specific Audit completed and will submit
the audit report within nine (9) months after the end of the audited fiscal
year.
❑ We did not exceed the $500,000 federal expenditure threshold required for
a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill
out schedule below)
Federal Expenditure Disclosure
Federal Funds
Must be filled out if Single Audit or Program Audit is not required:
Pass Through Program Name & Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Expenditures for this Fiscal Year $
Printed Name Title(Must be CFO, CEO or equivalent)
Authorized Signature(Must be CFO, CEO or equivalent) Phone Number Date
Failure to submit this or a similar statement or failure to submit a completed
single audit package as described in the audit requirements by the required due
date will result in suspension of funding and will affect eligibility for future funding.
Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year
CITY OF FORT WORTH HOUSING DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $500,000 or more in federal awards (from City of Fort
Worth and other funding sources) during their fiscal years shall obtain either an
annual single audit or a program specific audit. Organizations may have a
program specific audit in accordance with OMB Circular A-133 if they
expended funds for only one federal program as listed in the Catalog of
Federal Domestic Assistance (CFDA). If funds are spent for more than one
federal program, a single audit is required. The audited time period is the
organization's fiscal year, and not the City of Fort Worth's funding period.
The audit shall be conducted by a certified public accountant (CPA) that is
licensed at the time of the audit by the appropriate regulatory body. The CPA
shall meet all of the general standards concerning qualifications,
independence, due professional care and quality control as required by
Government Auditing Standards, including the requirements for continuing
professional education and external peer reviews. Auditor selection must
adhere to federal procurement requirements.
A separate supplementary schedule of revenues, expenditures and
changes in fund balance for each City of Fort Worth contract is no longer
required. The Schedule of Expenditures of Federal Awards should list City of
Fort Worth 's contract numbers, the total expended for each individual
federal program, and the CFDA number (OMB A-133 § .310).
The independent auditor's report should include all of the relevant items
listed on the "Audit Report Checklist." Additional guidance on the conduct and
reporting of these audits is contained in the latest issuance of the following
publications:
Government Auditing Standards issued by the Comptroller General of the United States,
2003
OMB Circular A-133 as revised 6/30/97 and amended June 2003
OMB Circular A-133 Compliance Supplement
AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and
Not-for-Profit Organizations Receiving Federal Awards"
Various AICPA audit guides for nonprofits, colleges and universities and health
and welfare organizations
AICPA's Audit Risk Alert "State and Local Governmental Developments"
All organizations that receive a City of Fort Worth award must submit the
provided Audit Certification Form which certifies whether you are subject to a
single/program audit. Organizations receiving federal awards from the City of
Fort Worth who are not required to have an audit shall certify in writing to the
agency. The organizations Chief Executive Officer or Chief Financial Officer
shall make the certification within 60 days of the end of the organization's
fiscal year.
The following items should be submitted to the City of Fort Worth Housing
Department within the required timeframe:
Due 60 days after organization's fiscal year end: (required for all subrecipients)
• Completed Audit Certification Form
Due within the earlier of 30 days after receipt of the auditor's report or nine months
after the end of the audit period.
• Two copies of the entire audit report issued by the CPA
• Two copies of any management letter issued by the CPA in
conjunction with the audit report
• Two copies of management's comments on all findings,
recommendations, & questioned costs contained in the audit
report and management letter, including a detailed corrective
action plan
Failure to submit any of these items by the required due date may result in
holds on current draw requests, suspension of the organization's contract(s)
and eligibility for future funding.
If the organization does not meet the requirements of having a
single/program audit conducted, records must still be kept available for review
or audit by City of Fort Worth staff(OMB A-133 Subpart B Sec 200(d).
If additional information is needed concerning the audit requirements, please
call (817) 392-6141.
CONTRACT FOR CONSTRUCTION:
ACQUISITION REHABILITATION PROJECTS
This CONSTRUCTION CONTRACT ("Contract") is made between
("Owner") and
("Contractor"), as of this day of 200 for the
purpose of rehabilitating ONE single-family dwelling within the City limits
of Fort Worth, TX.
The street address is:
Its legal description is:
(the
"Property")
Owner shall compensate Contractor a total sum of
and
00/100 DOLLARS ($ ) ("Contract Price").
Payment shall be made in accordance with Article 8 of this Contract.
The Commencement Date shall be no later than 10 days after the issuance of
the Notice to Proceed with a Completion Date not to exceed sixty (60)
calendar days after the date of the Notice to Proceed ("Contract Time").
Owner and Contractor hereby agree to the following:
TERMS AND CONDITIONS
Article 1
GENERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
1.1(a) This Contract for rehabilitation of the single family house on the
Property, and all Addenda and Exhibits attached hereto and incorporated
CONTRACT FOR CONSTRUCTION Acq-Rehab 1 Rev. 11-28-06
herein by reference for all purposes represent the entire agreement between
the parties and are collectively referred to as "Contract Documents".
1.1(b) The term "Work" shall mean the rehabilitation of the single family
house including all labor, materials, equipment and services provided by the
Contractor to fulfill Contractor's obligations and responsibilities under the
Contract Documents, as specified in the attached "Work Write-Up" attached
hereto as Exhibit A. "Work Write-Up" must be reviewed and accepted by
City of Fort Worth Housing Department, Program Manager. Manager must
sign off on the accepted "Work Wirte-Up." Owner shall issue a written
"Notice to Proceed" to Contractor attached hereto as Exhibit B. Contractor
shall commence performance of the work or apply for building permit
within ten (10) calendar days of the date of the Notice to Proceed.
1.1(c).The term "Owner's Representative" shall mean the City of Fort
Worth's Housing Department which shall provide administration of the
Contract as described in the Contract Documents. The Owner's
Representative will have the authority to act on behalf of the Owner to the
extent provided in the Contract Documents.
1.1(d) This Contract may be amended or modified ONLY by a written
modification in the form of a Change Order. A "Change Order" shall be a
written order to the Contractor signed by the Owner or Owner's
Representative to change the Work, Contract Sum or Contract Time. All
Change Orders shall become a part of the Contract Documents.
Article 2
RESPONSIBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
Except for permits and fees related to the Work, which are the responsibility
of the Contractor, Owner shall obtain and pay for necessary approvals,
easements, assessments and other charges.
2.2 OWNER'S RIGHT TO STOP WORK
If Contractor fails to comply with the terms of the Contract Documents,
Owner or Owner's Representative may direct the Contractor in writing to
stop the Work until Contractor complies with the Contract Documents
CONTRACT FOR CONSTRUCTION Acq-Rehab 2 Re . 1
� :�',;fl
whether by bringing the Work into compliance with the Contract
Documents or otherwise.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance
with the Contract Documents and fails within five (5) days from the date of
written notice from the Owner or Owner's Representative to cure such
default, Owner or Owner's Representative may, without prejudice to other
remedies, cure such defaults. In such case, a Change Order shall be issued
deducting the cost of correction from payments due Contractor. If the
default is not reasonably susceptible to cure by Contractor within the five
(5) day period, Owner will not exercise the option to terminate this Contract
so long as the Contractor has commenced to cure the default within the five
(5) day period and diligently completes the cure of the default within a
reasonable time.
2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION / AWARD
SEPARATE CONTRACT
2.4(a) Owner reserves the right to perform construction or operations
related to the Work with the Owner's own workers, and to award separate
contracts in connection with other portions of the Work.
2.4(b) Owner shall require Contractor to coordinate and cooperate with any
workers or contractors employed by the Owner.
2.4 (c) Costs incurred by delays or by improperly timed activities or
defective construction shall be borne by the party responsible therefore.
2.5 (d) If a defect occurs in the Work and if Contractor does not cure the
defect timely according to the terms of the Contract Documents, Owner may
enter into a separate contract with a third party to cure any such defect.
Contractor then shall reimburse Owner for the cost of contracting with the
third party and the cost to cure the defect within five (5) days of written
notice by Owner or Owner's Representative.
CONTRACT FOR CONSTRUCTION Acq-Rehab 3 Rev. 11-28-06
Article 3
RESPONSIBILITIES OF THE CONTRACTOR
3.1 EXECUTION OF THE CONTRACT
Execution of the Contract by Contractor is a representation that Contractor
has visited the Property, become familiar with all conditions under which
the Work is to be performed, and accepts these existing conditions and all
other requirements of the Contract Documents and agrees to perform the
Work at the Contract Price and complete the Work by the Completion Date.
3.2 SUPERVISION AND CONSTRUCTION PROCEDURES
3.2(a) Contractor shall supervise and direct the Work, using Contractor's
best skill and attention. Contractor shall be solely responsible for and have
control over construction means, methods, techniques, sequences and
procedures, and for coordinating all portions of the Work. Contractor
agrees that Contractor is an independent contractor under this Contract and
not an officer, agent, servant, or employee of Owner or Owner's
Representative.
3.2(b) Contractor, as soon as practicable after the Commencement Date of
the Contract, shall furnish in writing to the Owner through the Owner's
Representative the names of all subcontractors or suppliers for each portion
of the Work. Such list shall be promptly supplemented from time to time if
additional subcontractors and suppliers are added. Owner's Representative
will promptly notify Contractor in writing if Owner or Owner's Architect,
after due investigation, objects to the subcontractors or suppliers listed.
3.2(c) Contractor will comply with the City of Fort Worths's
Minority/Woman Business Enterprise (M/WBE) requirements with a
minimum goal of forty percent (40%) of the dollar amount of the Contract
Price for MWBE participation.
3.3 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents, Contractor shall
provide and pay for labor, materials, equipment, tools, utilities,
transportation, and other facilities and services necessary for proper
execution and completion of the Work. Contractor shall deliver, handle,
store, and install all fixtures and materials in conformance with
manufacturer's instructions. Contractor hereby covenants, warrants, and
CONTRACT FOR CONSTRUCTION Acq-Rehab 4 Rev. 11-28-06
guarantees that the materials furnished herein shall conform to the City of
Fort Worth's locally adopted Housing Standards, and shall conform to all
applicable building codes and construction requirements, as well as being
free of any defects in design, workmanship or materials for a period of one
(1) year from the date of final acceptance of the Work.
3.4 WARRANTY
Contractor warrants to the Owner and Owner's Representative that: (1) all
materials and equipment furnished under the Contract are new, unused and
of good quality unless otherwise required or permitted by the Contract
Documents; (2) the Work will be free from defects not inherent in the
quality of performance required or permitted; and (3) the Work will
conform to the requirements of the Contract Documents.
3.5 INSURANCE
During the term of this Contract and any extension thereof, Contractor shall
maintain an insurance policy or policies with the following coverage:
3.6(a) Commercial General Liability Insurance of a minimum of
$1,000,000.00 per occurrence.
3.6(b) Business Auto Liability Insurance of a minimum of $1,000,000.00
per each accident.
3.6(c) Statutory Workers' Compensation Insurance including employer's
liability.
3.6(d) Builder's Risk Insurance to cover the Property in the course of the
Work (against fire, hail, theft, etc. of materials and incomplete
construction).
3.6(e) The City of Fort Worth shall be endorsed as an additional insured on
all insurance policies.
3.7 PERMITS, FEES AND NOTICES
3.7(a) Contractor shall obtain and pay for the building permit and other
permits and government fees, licenses and inspections necessary for proper
execution and completion of the Work.
3.7(b) Contractor shall comply with all requirements of local, state and
federal agencies having jurisdiction over the Work. If Contractor performs
any portion of the Work knowing it to be contrary to any laws, statutes,
CONTRACT FOR CONSTRUCTION Acq-Rehab 5 Rev. 11-28-06
ordinances, building codes, or applicable rules and regulations, Contractor
shall assume full responsibility for such Work and shall bear all costs
necessarily incurred in bringing the Work into compliance. Contractor shall
promptly notify the Owner and Architect/Owner's Representative in writing
of any inconsistencies between the Contract Documents and any such laws,
statutes, ordinances, building codes or applicable rules and regulations.
3.8 SUBMITTALS
Contractor shall promptly review, approve in writing and submit to the
Owner's Representative shop drawings, product data, samples, and any
other similar submittals required by the Contract Documents. Shop
drawings, product data, samples and similar submittals are not a part of the
Contract Documents.
3.9 CLEANING UP
The Contractor shall keep the Property and surrounding area free from
accumulation of debris and trash related to the Work.
3.13 INDEMNIFICATION
CONTRACTOR COVENANTS AND AGREES TO AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS
OWN EXPENSE, OWNER AND OWNER'S REPRESENTATIVE,
THEIR OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH,
DIRECTLY OR INDIRECTLY, THE WORK AND SERVICES TO BE
PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR
INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES AND INVITEES OF OWNER
AND/OR OWNER'S REPRESENTATIVE; AND CONTRACTOR
DOES HEREBY COVENANT AND AGREE TO ASSUME ALL
LIABILITY AND RESPONSIBILITY OF OWNER AND OWNER'S
REPRESENTATIVE, THEIR OFFICERS, AGENTS, SERVANTS
CONTRACT FOR CONSTRUCTION Acq-Rehab 6 Rev. 11-28-06
AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH,
DIRECTLY OR INDIRECTLY, THE WORK AND SERVICES TO BE
PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR
INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES AND INVITEES OF OWNER
AND/OR OWNER'S REPRESENTATIVE. CONTRACTOR
LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS OWNER AND OWNER'S
REPRESENTATIVE FROM AND AGAINST ANY AND ALL
INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY
OF OWNER'S REPRESENTATIVE DURING THE PERFORMANCE
OF ANY OF THE TERMS AND CONDITIONS OF THIS
CONTRACT, WHETHER ARISING OUT OF OR IN CONNECTION
WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY
AND ALL ALLEGED ACTS OR OMISSIONS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES OF OWNER'S REPRESENTATIVE.
Article 4
RESPONSIBILITIES OF OWNER'S REPRESENTATIVE
4.1 Owner's Representative will visit the Property at intervals appropriate to
each stage of construction so as to become generally familiar with the
progress and quality of the Work. All such inspections shall be at the
discretion of Owner's Representative.
4.2 Owner's Representative does not have control over nor is in charge of or
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the
Work, since these are solely Contractor's responsibility. Owner's
CONTRACT FOR CONSTRUCTION Acq-Rehab 7 Rev. 11-28-06
Representative will not be responsible for the Contractor's failure to carry
out the Work in accordance with the Contract Documents.
4.3 Owner's Representative shall have the authority to reject Work that does
not conform to the Contract Documents or good workmanlike manner.
4.4 Owner's Representative's duties, responsibilities and limits of authority
as described in the Contract Documents will not be changed without
Owner's written consent.
4.5 Based on Owner's Representative's observations and evaluations of
Contractor's Application for Payment, Owner's Representative will review
and execute a Certificate of Payment attached hereto as Exhibit C for the
amounts due Contractor.
4.6 Owner's Representative will promptly interpret and decide matters
concerning performance under any requirements of the Contract Documents
on written request of either Owner or Contractor.
4.7 Owner's Representative can require additional testing if necessary via
minor Change Order as provided in Section 6.2.
4.8 Interpretations and decisions of Owner's Representative will be
consistent with the intent of and reasonably inferable from the Contract
Documents and will be in writing or in the form of drawings. When making
such interpretations and decisions, the Owner's Representative will
endeavor to secure adequate and reasonable performance by both Owner
and Contractor, will not show partiality to either and will not be liable for
results of interpretations or decisions rendered in good faith.
Article 5
CHANGES IN THE WORK
5.1 After execution of the Contract, changes in the Work may be
accomplished by Change Order or by order for a minor change in the Work.
Owner, without invalidating the Contract, may order changes in the Work
within the general scope of the Contract consisting of additions, deletions or
CONTRACT FOR CONSTRUCTION Acq-Rehab 8 Rev. 11-28-06
other revisions, and the Contract Price and Contract Time shall be adjusted
accordingly.
52 Owner's Representative will have the authority to order minor changes
in the Work not involving changes in the Contract Price or the Contract
Time and not inconsistent with the intent of the Contract Documents. Such
minor changes shall be on a written inspection report and shall be binding
on Owner and Contractor. Contractor shall carry out such written orders
promptly.
5.3 If concealed or unknown physical conditions are encountered on the
Property that differ materially from those indicated in the Contract
Documents or from those conditions ordinarily found to exist, the Contract
Price and Contract Time shall be subject to equitable adjustment.
Article 6
CORRECTION OF WORK
6.1 Contractor shall promptly correct Work rejected by Owner's
Representative because of failure to conform to the requirements of the
Contract Documents. Such failure constitutes a default and is subject to the
provisions in Section 2.3. Contractor shall bear the cost of correcting such
rejected Work.
6.2 In addition to Contractor's other obligations including warranties under
the Contract, the Contractor shall, for a period of one year after substantial
completion of the Work, correct any portion of the Work not conforming to
the requirements of the Contract Documents.
6.3 If the Contractor fails to cure any default in accordance with Section 2.3,
Owner may cure it and the Contractor shall reimburse the Owner for the
cost of correction.
���'��:•�-. :tips �
CONTRACT FOR CONSTRUCTION Acq-Rehab 9
Article 7
TIME
7.1 Time is of the essence to this Contract. Contractor shall begin Work as
soon as instructed by Owner and shall prosecute the Work promptly,
efficiently and in a manner that will not cause delay in the progress of any
other work performed on the Property by any other contractors or workers.
7.2 If the Work is delayed at any time by Change Orders, labor disputes,
fire, unusual delay in deliveries, unavoidable casualties or other causes
beyond the Contractor's control, the Contract Time shall be extended by
Change Order for such reasonable time as the Owner's Representative may
determine.
Article 8
PAYMENTS AND COMPLETION
8.1 CONTRACT PRICE
The Contract Price stated in the Contract, including authorized adjustments,
is the total amount payable by the Owner to the Contractor for performance
of the Work under the Contract Documents. Retainage of ten percent (10%)
of the Contract Price will be withheld until thirty (30) days after completion
and acceptance of all Work.
8.2 APPLICATIONS FOR PAYMENT
8.2(a) At least five (5) days before the date payment is needed, the
Contractor shall submit to Owner or Owner's Representative an itemized
"Application for Payment" attached hereto as Exhibit D for all completed
trade items in accordance with the requirements stated in the Contract and
the Work Write-Up. Each Application for Payment shall be supported by
such data substantiating the Contractor's right to payment as the Owner or
Owner's Representative may reasonably require and reflecting retainage if
provided for elsewhere in the Contract Documents.
8.2(b) Owner's Representative will, within five (5) days after receipt of
Contractor's Application for Payment, either issue to the Owner a Request
for Payment attached hereto as Exhibit E, with a copy to the Contractor, for
CONTRACT FOR CONSTRUCTION Acq-Rehab 10 Rev. 11-28-06
such amount as the Owner's Representative determines is properly due, or
notify the Contractor and Owner in writing of the Owner's Representative's
reasons for recommending to Owner that payment be withheld..
8.3 PROGRESS PAYMENTS
8.3(a) After Owner's Representative has issued a Request for Payment,
Owner shall make a Progress Payment to Contractor based on completion of
work as verified by inspection of the Owner's Representative and consistent
with costs proposed in the Contractor's initial bid for each area of work as
verified by the Owner's Representative. .
8.3(b) Upon receipt of payment from Owner, Contractor shall promptly pay
each subcontractor and material supplier, based on the Work completed.
Contractor shall furnish lien waivers and/or bills paid affidavits from
subcontractors and suppliers as required by Owner and Owner reserves the
right to delay payment to Contractor until such lien waivers and/or bills paid
affidavits are received.
8.3(c) Neither Owner nor Owner's Representative shall have any
responsibility for the direct payment to subcontractors or material suppliers.
8.3(d) No Request for Payment, Progress Payment, or partial or entire use or
occupancy of the Property by Owner shall constitute acceptance of Work
performed if Work is not in accordance with the requirements of the
Contract Documents.
8.3(e) A Progress Payment shall be made in draws after Owner's
Representative inspects for completion as described in Addendum #1.
Contractor shall give a five (5) day written notice to Owner's
Representative to schedule the Draw Inspections.
8.4 COMPLETION AND FINAL PAYMENT
8.4(a) Upon receipt of a final Application for Payment with all required
documents, Owner's Representative will perform a final inspection of the
Work. When Owner's Representative finds the Work acceptable and the
Contract fully performed, Owner's Representative will promptly issue to
Owner a final Request for Payment.
CONTRACT FOR CONSTRUCTION Acq-Rehab 11 Rev. 11-28-06
8.4(b) Final payment shall not become due until the Contractor submits to
Owner's Representative all necessary releases, lien waivers, bills paid
affidavits, and any other data required, in Owner's Representative's sole
discretion, to evidence satisfaction of all obligations, such as receipts,
claims, security interests or encumbrances arising out of the Contract and
any other documents, certificates, surveys or warranties required by the
Contract Documents.
8.4(c) Acceptance of final payment by the Contractor, a subcontractor or a
material supplier shall constitute a waiver of claims by that payee except
those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment.
Article 9
TERMINATION OF THE CONTRACT
9.1 TERMINATION BY THE CONTRACTOR
If Owner fails to make payment when due or breaches any other term of this
Contract, Contractor may terminate the Contract upon ten (10) days written
notice to Owner, and recover from Owner payment for Work satisfactorily
performed.
9.2 TERMINATION BY THE OWNER
9.2(a) Owner or Owner's Representative, upon written consent from Owner,
may terminate the Contract if Contractor:
1. consistently, or repeatedly refuses or fails to supply enough
properly skilled workers or proper materials to diligently
perform its obligations under this Contract;
2. fails to make payments to subcontractors or suppliers for
materials furnished or labor performed in accordance with the
respective agreements between Contractor and any
subcontractors or suppliers;
3. violates federal, state or local laws, ordinances, rules,
regulations or orders of a public authority having jurisdiction
over the Work or the Property; or
CONTRACT FOR CONSTRUCTION Acq-Rehab 12 Rev. 11-28-06
4. is otherwise in breach of a provision of the Contract
Documents.
9.2(b) When any of the above reasons exist, Owner, after consultation with
the Owner's Representative, may without prejudice to any other rights or
remedies of Owner and after giving Contractor and Contractor's surety, if
any, written notice, terminate the employment of the Contractor and may:
1. take possession of the Property and of all materials located
thereon owned by the Contractor;
2. finish the Work by whatever reasonable means or method the
Owner may deem expedient.
9.2(c) When Owner or Owner's Representative terminates the Contract for
one of the reasons listed in9.2(a), Contractor shall not be entitled to receive
further payment until all the Work is completed and accepted.
9.2(d) If the unpaid balance of the Contract Price exceeds costs to
satisfactorily finish the Work, such excess shall be paid to the Contractor. If
such costs exceed the unpaid balance, Contractor shall pay the difference to
Owner. This obligation for payment shall survive termination of the
Contract.
Article 10
ASSIGNS
10.1 This Contract may not be assigned by either party.
Article 11
SEVERABILITY
12.1 If any provisions of this Contract is held by a court of competent
jurisdiction to be invalid, unenforceable or illegal in any respect, the
validity, enforceability and legality of the remaining provisions of the
Contract shall not in any way be affected or impaired.
[SIGNATURES APPEAR ON FOLLOWING PAGE
CONTRACT FOR CONSTRUCTION Acq-Rehab 13 R�i�: I t-28SS-06
EXECUTED in multiple originals this day of ,.
200 .
OWNER
By:
Its:
CONTRACTOR:
By:
Its:
OWNER'S REPRESENTATIVE
CITY OF FORT WORTH HOUSING DEPARTMENT:
By:
Title
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
CONTRACT FOR CONSTRUCTION Acq-Rehab 14 Rev. 11-28-06
ADDENDUM #1
(1) FIRST DRAW: Upon inspection and acceptance of the completed
work, the Contractor shall receive the first draw in the amount of
thirty percent (30%) of the Contract Price. Completion shall be
based on the information within the "Work Write-Up"
(2) SECOND DRAW: Upon inspection and acceptance of the
completed work, the Contractor shall receive the second draw in the
amount of thirty percent (30%) of the Contract Price. Completion
shall be based on the information within the "Work Write-Up"
(3) THIRD DRAW/ FINAL INSPECTION: After completion of the
punch list, delivery of all warranties, waivers, bills paid affidavits,
and receipt of final approval for occupancy by any government
authority and after all finish work has been completed and the
Building card has been signed off as being complete, Contractor will
receive the third draw in the amount of thirty percent (30%) of the
Contract Price. Completion shall be based on the information within
the "Work Write-Up"
(4) RETAINAGE: The ten percent (10%) retainage will be released
thirty (30) days after completion of all work listed on the "Work
Write-Up" and acceptance of the house by the Owner and the
Owner's Representative.
CONTRACT FOR CONSTRUCTION Acq-Rehab 15 Rev. 11-28-06
ADDENDUM #2
CONTRACT FOR CONSTRUCTION Acq-Rehab 16 Rev. 11-28-06
WORK WRITE-UP
CONTRACT FOR CONSTRUCTION Acq-Rehab 17 Rev. 11-28-06
Exhibit "B"
:NOTICE TO PROCEED FORM
{Duplicate copies required)
DATE:
PROPERTY ADDRESS:
OWNER(S):
CONTRACTOR:
Dear
Pursuant to the Rehabilitation Contract signed on [date], you are hereby notified to
proceed with the rehabilitation work on the property described above. Upon receipt of this
notice, you are responsible for performing the rehabilitation work on said building under the
terms and conditions of the Contract and in accordance with the specifications in the Work
Write-Up. You should begin construction by [date].
Please acknowledge receipt and acceptance of this notice by signing both copies in the space
provided below. Keep one copy and return the other to Owner's Representative.
Sincerely,
I acknowledge receipt of this notice on [date].
Authorized signature:
Title:
Exhibit "C" Contractor:
Owner's Representative Address:
Certificate or Payment
INVOICE
Property Owner
Amount Requested
Invoice Date:
*************************************************************************************************
*****************
Housing : I/We hereby agree that the work stated by the contractor has been
accomplished and approve payment to the contractor in accordance with
the
agreement, contingent upon inspection. It is understood that the actual
amount
disbursed will be based on the findings of that inspection.
Housing Program Manager Signature: Date:
*************************************************************************************************
*****************
Inspection conducted by I hereby certify that all work is
completed
as Indicated on the contractor's payment request.
Signature:
Date:
*************************************************************************************************
*****************
I approve payment in the amount of $
Housing Signature: Date:
*************************************************************************************************
Exhibit "D" Contractor:
Contractor Application Address:
For Payment
INVOICE
Property Owner
Amount Requested
Invoice Date:
*************************************************************************************************
*****************
Contractor : I/We hereby agree that the work stated by the contract has been
accomplished by Licensed Trade Representatives
listed,
and apply for payment from the Owner in accordance with the agreement,
contingent upon inspection. It is understood that the actual amount
disbursed
will be based on the findings of that inspection.
Housing Program Manager Signature: Date:
*************************************************************************************************
*****************
Inspection conducted by I hereby certify that all work is
completed
as Indicated on the contractor's payment request.
Signature:
Date:
*************************************************************************************************
*****************
I approve payment in the amount of $
Housing Signature: Date:
Exhibit "E" Contractor:
Owner's Representative Address:
Request for Payment
INVOICE
Property Owner
Amount Requested
Invoice Date:
*************************************************************************************************
*****************
Housing : I/We hereby agree that the work stated by the contractor has been
accomplished and approve payment to the contractor in accordance with
the
agreement, contingent upon inspection. It is understood that the actual
amount
disbursed will be based on the findings of that inspection.
Housing Program Manager Signature: Date:
*************************************************************************************************
*****************
Inspection conducted by I hereby certify that all work is
completed
as Indicated on the contractor's payment request.
Signature:
Date:
*************************************************************************************************
*****************
I approve payment in the amount of
Housing Signature: Date:
0 )7 F
Lien Waiver
Date:
Owner:
Affiant:
Affiant's Address:
Property Address:
Legal Description:
Work:
Cutoff Date:
Payment Amount:
Address and Phone Numbers of Suppliers and Subcontractors for the Work:
Affiant swears individually and on behalf of the [contractor/subcontractor/supplier] that
the following statements are true and within the personal knowledge of Affiant:
1. All charges, except retainage,for labor performed and material furnished by Affiant
through the Cutoff Date have been paid in full.
2. Affiant waives all claims against Owner or the Property that Affiant may have from
furnishing labor or material through the Cutoff Date.
3. All other persons who have furnished labor or material to Affiant for the Work,
through the Cutoff Date, have been paid all amounts to which they are entitled.
4. Affiant agrees to indemnify and hold Owner harmless against all liability, cost, or
expense, including attorney's fees and court and other costs, from any claim or action by Affiant
or any person claiming by, through, or under Affiant with respect to the representations and
waivers in this document.
5. For the funding of the loan proceeds used to pay for labor and material furnished by
Affiant, Affiant agrees that all mechanic's liens owned by Affiant are subordinate and inferior to
the deed-of-trust lien held by the lender lending money for construction on the Property.
6. Affiant is authorized to sign this Affidavit on behalf of and can legally bind the
[contractor/subcontractor/supplier].
7. All labor performed and materials supplied by the
[contractor/subcontractor/supplier] on the project were in accordance with the plans and
specifications. All labor was performed in a good and workmanlike manner.
8. The [contractor/subcontractor/supplier] has complied with all laws in performing its
duties on the project.
9. This lien waiver is made to induce payment for Work performed.
[Name of affiant]
SUBSCRIBED AND SWORN TO before me on by
Notary Public, State of Texas
X,YMtP 7'
Contractor's List of Subcontractors and Suppliers
Date:
Owner:
Contractor:
Property:
Lender:
NOTICE: THIS LIST OF SUBCONTRACTORS AND SUPPLIERS MAY NOT BE A
FINAL LISTING. UNLESS YOU SIGN A WAIVER OF YOUR RIGHT TO RECEIVE
UPDATED INFORMATION,THE CONTRACTOR IS REQUIRED BY LAW TO
SUPPLY UPDATED INFORMATION,AS THE INFORMATION BECOMES
AVAILABLE, FOR EACH SUBCONTRACTOR OR SUPPLIER USED IN THE WORK
PERFORMED ON YOUR RESIDENCE.
Name of subcontractor or supplier:
Address:
Telephone number:
Name of subcontractor or supplier:
Address:
Telephone number:
Name of subcontractor or supplier:
Address:
Telephone number:
I have received a copy of this list of subcontractors and suppliers.
[Name of owner]
Attachment 1
CITY OF FORT WORTH
HOUSING DEPARTMENT
SUBGRANTEE'S REQUEST FOR FUNDS
Agency
Program Name: Carver Hts East Model Blk-CDBG Acq/Rehab
Carver Heights East Redevelopment Corporation Contract Number: Report Period:
Contract Amount: $104,336
Date of Request:
SkCI7ON I(AGENCY) CMrreut Mouth t'umuEuiivr
CASH BALANCE ANALYSIS FOR
1. Beginning Cash Balance $ $
2. Amount Received:
Program Income $ $
City of Fort Worth $ $
Interest Earned $ $
3. Total Funds Available(1+2) $ $
4. Less Expenditure(detail statement cost) $ $
5. ENDING CASH BALANCE (34) $ $
Operating Cent
6. Estimated Expenditures $
7. Funds Needed(6-5) $
8. Less Estimated Program Income $
9. Unpaid Request for Payment Previously Submitted $
10. Amount of This Request(7-8 &9) $
TOTAL.A-MOUNT R.EQUES"1110 _
I. MARS-Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/Account/Center
C. Total Amount of this Request
SECTION IFI
1. Verification
A. Development Project
Coordinator
(Name)
B. Contract Compliance:
(N—)
C. Accounting:
(Name)
2. Authorization
A. Agency:
(Name)
B. Mgmt&Budget
Administrator
(N—)
Housing Director
IF OVER S8400.00 (Name)
Attachment II
CITY OF FORT WORTH
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
Carver Heights East Redevelopment Corp. CONTRACT NO. DATE
AGENCY
Housing Development(Model Block Aeg[Rehab) TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
Acquisition 539120 $ 26,500.00
Rehabilitation Construction Costs 539120 1 $ 68,050.00
Construction Contingency 539120 $ 6,736.41
Appraisals 539120 $700
Title and Recording Fees 539120 $ 2,350.00
TOTAL $ 104,336.41
Subrecipient Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
SIGNATURE and DATE
Attachment III
CITY OF FORT WORTH
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
EXPENDITURES WORKSHEET
Carver Heights East Redevelopment Corp. CONTRACT NO. DATE
AGENCY
Housing Development(Model Block Acq/Rehab) TO
PROGRAM REPORT PERIOD
CHECK
NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
TOTAL -
Sub-Recipient Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
Attachment IV
Fort Worth Housing Department
Housing Project
Monthly Narrative Report
For Reporting Period to
1. ACCOMPLISHMENTS
2. PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED
3. ANTICIPATED ACTIVITIES DURING NEXT MONTH
CITY OF FORT WORTH HOUSING DEPARTMENT
BENEFICIARY PERFORMANCE REPORT
Client Name Female Age Sex Ethnicity Race Disability Number Annual Property Address /
Headed (Hispanic: Status In Household Rental Unit No.
Household es/No es/No Family Income
Race: Ethnicity:
1. White All beneficiaries have BOTH an ethnicity AND a race.
2. Black/African-American Example: Cuban persons are often Hispanic and Black,
3. Asian Filipino persons are often Hispanic and Asian,
4. American Indian/Alaskan Native
5. Native Hawaiian/Pacific Islander
6. American Indian/Alaskan Native and White
7. Asian and White
8. Black/African-American and White
9. Black/African-American and American Indian/Alaskan Native C
10. Other Multi-Racial
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/25/2006
DATE: Tuesday, July 25, 2006
LOG NAME: 05CRVRHTS REFERENCE NO.: G-15303
SUBJECT:
Reallocation of Community Development Block Grant Funds and Authorization to Execute a
Contract with the Carver Heights East Redevelopment Corporation for Lot Acquisition and
Acquisition, Rehabilitation, and Resale of Existing Houses
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the reallocation of a sum not to exceed $102,160.91 in Community Development Block
Grant (CDBG) funds previously allocated to the Carver Heights East Model Blocks for infrastructure
improvements to the Carver Heights East Redevelopment Corporation's (CHERC) Housing Development
Program for the acquisition of lots for new home construction and the acquisition, rehabilitation, and resale
of houses within the Carver Heights East Model Blocks area to qualified homebuyers;
2. Approve the reallocation of a sum not to exceed $2,175.50 in CDBG funds previously allocated to the
Carver Heights East Model Blocks for owner-occupied home improvements to the CHERC Housing
Development Program;
3. Authorize the City Manager to execute a contract with CHERC for a sum not to exceed $104,336.41
for purpose of conducting the Housing Development activities;
4. Authorize the contract period to begin on the date of contract execution and end 12 months
thereafter;
5. Authorize the City Manager to extend or renew the contract for one additional 12 month period if
CHERC requests an extension or renewal; and
6. Authorize the City Manager to amend the contract as needed to achieve project goals provided the
amendment is within the scope of the project and in compliance with applicable laws and regulations.
DISCUSSION:
In March, 2003, the Carver Heights East Neighborhood Association received the City's 14th Model Blocks
award of $1.2 million. Upon becoming a Model Blocks CHERC was established to execute the community
activities of the Model Blocks plan. They have been successful in implementing these activities. Part of the
Carver Heights East plan was to improve and install sidewalks in strategic parts of their community. This
has been accomplished at a cost of$111,839.09 which was far less than the original allocation of$214,000,
leaving a total of$102,160.91 in unused CDBG funds. In addition to the sidewalk improvements the Carver
Heights East plan called for the improvement of 18 owner-occupied homes within the Model Blocks area.
This was accomplished leaving a balance of $2,175.50 in the Home Improvement Program account.
The Carver Heights East community has requested that the CDBG funds remaining from the sidewalk
installation and home improvement programs be reallocated and contracted to the CHERC to allow for the
acquisition of lots for new home construction and the acquisition, purchase, rehabilitation, and resale of
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/12/2006
Page 2 of 2
houses within the Model Blocks areas to qualified homebuyers.
In accordance with the Citizen Participation Plan, a public comment period was held from June 14, 2006
until July 13, 2006, to allow citizen input. No comments were received.
The Carver Heights East Model Blocks is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and execution of the above recommendations, funds will
be available in the current operating budget, as appropriated, of the Grant Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206845XXX $102,160.91 GR76 539120 005206845900 $102,160.91
GR76 539120 005206845XXX $2,175.50 GR76 539120 005206845910 $2,175.50
Submitted for City Manager's Office bv: Dale A. Fisseler (6266)
Originating Department Head: Jerome C. Walker (7537)
Additional Information Contact: John C. Cox (7537)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/12/2006