HomeMy WebLinkAboutContract 44564 CITY
CONTRACT NO,
COMMUNITY HOUSING DEVELOPMENT CONTRACT
This contract ("Contract") is made and entered into b and between the Cit« y y o f Fort
Worth (hereafter City ) and Tarrant County Housing Partnership, Inc. (hereafter "D "p� "Developer"),
a Texas non-profit corporation. City and Developer may be referred to individually as a Party"
and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City has received a grant from the United States Department of Housing ng and
Urban Development ("HUD") through•the HOME Investment Partnerships Program ("HOME"),
Program Catalog of Federal Domestic Assistance No. 14.239 with which City desires to
promote activities that expand the supply of affordable housing and the development. g p of
partnerships among City, local governments, local lenders, private industry,, and neighborhood-
based hb
. p ry, g orhood-
based non-profit housing organizations;
WHEREAS, the primary purpose of the HOME program pursuant to the HOME
I nvestment
Partnerships Act at Title II of the Cranston Gonzales National Affordable Housing
Act of 1990, as amended 42 U.S.C. s
2
12701 et seq. and the HOME Investment Partnerships
Program Final Rule as amended p
4 CFR Part 92 et seq. (the "HOME Regulations" or
"Regulations") is to benefit low-income citizens by providing them with affordable housing;
WHEREAS, a portion of City's HOME funds are reserved for the use of certain housing
development entities that qualify under the HOME Regulations as a Community '
g munity Housing
Development Organization(CHDO);
WHEREAS, Developer, a Texas non-profit corporation managed b a volunteer Boar
Di g y d of
Directors and qualified as a CHDO according to HOME Regulations, is working o increase the
e
number of quality, accessible, and affordable housing nits available to low and nd moderate
income persons;
WHEREAS, Developer requested HOME CHDO funds for an eligible ro'ect for
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construction of single family houses;
WHEREAS, under this Contract, the Developer agrees to construct one single family
amlly
house located at 1246 E. Jefferson Fort Worth TX 76104 in the City of Fort. y Worth and in
accordance with the HOME Regulations and Exhibit "A-1"- Final Elevations and Proposed
Plans and Specifications for an amount up to $117,000.00 in HOME funds;
WHEREAS, the Developer shall sell the single family house to a HOME Eligible Buyer
who will use the house as his or her Principal Residence during the Affordability Period the
"Required Improvements" or project), as further described in Exhibit "A" — Project Summary
and Scope of Work;
(71D0[ OntI act with R 71 OFFICIAL. RECORD
.fc r 1Z�6 �,. Je_ffers�rr
Page I c?f 33 RECEIVE D J U fFMIECRETARY
FT. WO RTN TX
WHEREAS, City has determined that the development of ualit accessible and
affordable • q Y' '
housing i s needed for moderate, low, and very low-income citizens of Fort North'
NOW, THEREFORE, in consideration of the mutual covenants and obligations and
responsibilities contained herein, including all Exhibits and Attachments and subject to
. . � the
terms and conditions hereinafter stated, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS,
City and Developer hereby agree that the recitals set forth above are true and correct
. and
form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS,
In addition to terms defined in the body of this Contract, the followin g terms shall have
the definitions ascribed to them as follows:
Affordable House means a house for which the homebu er's monthly a of principal,
Y Y ment p Y p ncipal,
interest, property taxes, and insurance does not exceed 30% of the homebu er's monthly gross
income nor is � � Y .y g
lower than 15/v of the homebuyer s monthly gross income, for an individual or
family with an income at or J below 80% of Area Median Income, adjusted for family size.e. In the
case of new-house construction, the percentage of the homebu er's monthly gross income
u Y y g a shall
not exceed 32/v of the homebuyer�s monthly gross income.
Affordability Period means the period of time that a house purchased or constructed
. p with
HOME Funds must remain affordable and subject to recapture provisions for the affordability
. p p ability
periods described in 24 CFR Part 92.254 of the HOME Regulations. The Affordability y P eriod
begins on the date the Project status is changed to "complete" in HUD's Integrated Disbursement
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Information System ("IDIS"). Required Improvements must remain affordable for the following
1 owing
minimum period, as applicable:
1. Five years if the Homebuyer Assistance Program (HAP) is less than$15,000- and
2. Ten years if the HAP is $15,000 to $40,000.
Area Median Income ("AMI") means the median family income for the Fort Worth-Arlington
. Y lington
metropolitan statistical area as established annually by HUD.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
sity
Ordinance, Ordinance No. 20020-12-2011.
City Final Inspection means a HUD Compliance Inspection Report ("Report") completed. p by
the City. The Report will not be performed until after the City's Permits Plus system s
Y y taxes that
CH DO C"ontruct with TC'11P for 1246 E. Jepson
Page 2 of 33
the Required Improvements have passed a final inspection by the Planning and Development
D epartment.
City HAP Eligibility Requirements means the eligibility of a homebu er for closing g co st
and/or down payment assistance under City HAP guidelines as adopted b City Council.
p Y Y
Community Housing Development organization (CHDO) shall be defined as set forth in
24
CFR 92.2, as amended:
(1) Is organized under State or local laws;
(2) Has no part of its net earnings inuring to the benefit of any member, founder,
contributor, or individual of the CHDO;
(3) Is neither controlled by, nor under the direction of, individuals or entities seekin g to
derive profit or gain from the organization. A CHDO may be sponsored or created b
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a for-profit entity, but:
(1) The for-profit entity may not be an entity whose rimar purpose is the
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development or management of housing, such as a builder, developer, or real
estate management firm;
(ii) The for-profit entity shall not appoint more than one-third of the membership
of the organization's governing body, and board members appointed b the
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for-profit entity may not appoint the remaining two-thirds of the board
members; and
(111) The CHDO must be free to contract for goods and services from vendors of
its own choosing;
(4) Has a tax exemption ruling from the Internal Revenue Service under section 501(c)
(3)or(4) of the Internal Revenue Code of 1986 (26 CFR 1.501(c)(3)—I);
(S) Is not a public body (including the City) or an affiliate of a ublic bod
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(6) Has among its purposes the provision of decent housing that is affordable to low-
income income and moderate-income persons, as evidenced in its charter, articles of
incorporation, resolutions, or by laws;
(7) Maintains accountability to low-income community residents b
. :Y
(1) Maintaining at least one-third of its governing board's membershi p for
residents of low-income neighborhoods, other low-income community
residents, or elected representative of low-income neighborhood
organizations. For urban areas, "community" may be a neighborhood or
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neighborhoods, city, county or metropolitan area; for rural areas, it may be a
neighborhood or neighborhoods, town, village, county, or multi-county area
(but not the entire State); and
(ii) Providing a formal process for low-income-program beneficiaries to advise
the organization in its decisions regarding the design, siting, development, and
g
management of affordable housing;
(8) Has a demonstrated capacity for carrying out activities assisted with HOME funds;
(9) Has a history of serving the community within which housin g to be assisted with
HOME funds is to be located; and
(10) Has at least one full-time staff person
(71DO Contract with TC.Y1P for 1246 E. Je erson
Page 3 of 33
Complete Documentation means (i) Exhibit "E-1" — Invoice signed by an authorized
signatory of CHDO, stating the amount of funds requested for reimbursement; and 11 Exhibit
E-2 --- Detailed Statement of Costs, containing an itemized listing of all eligible expenses
requested for reimbursement. In order for Exhibit "E-2" -- Detailed Statement of Costs to be
considered complete, the following backup documentation must also be submitted
as
appropriate: (a) copies of bids and invoices from subcontractors and vendors for each expense
listed on Exhibit "E-2" — Detailed Statement of Costs, aloe with an explanation of h
. g p ow the
invoice pertains to the Required Improvements, (b) copies of other documents such as cancelled
checks or wire transfers necessary to demonstrate that such amounts were actual/ aid
Y paid, (c) if
relevant, final lien releases signed by the general contractors or appropriate subcontractors
. , and
(d) any other documentation reasonably requested by City such as BDE and/or DBE compliance,
. Y p ante,
permits, detailed subcontractor reports, etc. The final reimbursement shall not be disbursed until
all liens are released to City's satisfaction as evidenced b a title report or affidavit
• �� Y p of lien
release. Exhibit F - Standard of Backup Documentation is attached.
Completion shall mean the substantial completion of the Required Improvements, as evidenced
by HED Department Minimum Acceptable Standard report, a HUD Compliance p p Inspection
Report, and any other applicable final inspection approval from the City..
Completion Deadline means K t
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Deed of Trust means the deed of trust signed by Developer ursuant to Section 4.2.2. See form
rm
in Exhibit "I"-Deed of Trust Form,
Director means the Director of the City's Housing and Economic Development Department.
p p
Effective Date means the date this Contract is executed by the City's Assistant City Manager.
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HAP means the City's Homebuyer Assistance Program.
HAP Deed of Trust means the deed of trust signed by a HOME Eligible Buyer to secure H
g y AP
assistance.
HOME Eligible Buyer means: (1) a homebuyer whose annual income ad'usted for family i
.] y s ze
does not exceed 80% of AMI using the most current HUD Income Guidelines and Technical
Guidance for Determining Income and Allowances. The definition of annual income to
determine homebuyer eligibility under this Contract shall be the definition contained in 24
CFR
Part 92.203(b)(1), as amended; and (2) a homebuyer who meets City AP Eligibility
Y g ty
Requirements and receives a minimum of $1,000.00 of down a ment and/or closing p Y g cost
assistance.
HOME Funds means City's HOME funds supplied by City to the Developer under the terms
p of
this Contract.
[ 11D0 Comma with 71C7ff'for 1246„E. Jefferson
Page 4 of 33
Principal Residence means the improved property that will be occupied by the HOME Eligible
e
Buyer for a majority of each year throughout the Affordability Period in accordance with the
HAP guidelines as further described in the written agreement between the HOME Buyer
Eligible Bu
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and the City and the HAP loan documents to be executed by the HOME Buyer.
Eligible Bu
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Property means the land on which the Required Improvements shall be constructed as more
particularly described in Exhibit"A-2"---Property Legal Description
Required Improvements mean the construction by the Developer of a single family house as
defined in Exhibit"A".
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Sales Proceeds means the sales price of a property, minus construction loan repayment a re (other py
than HOME Program funds), Developer Fee and any closing costs, or as otherwise defined i
. n the
HOME Regulations and as shown on the settlement statement described in Section 4.9.4.
3. TERM AND EXTENSION
3.1 Term. The term of this Contract begins on the Effective Date and terminates in
two years unless terminated as provided in this Contract.
3.2 Extension. This Contract may be extended for 1 year upon Developer submitting
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a request for an extension in writing at least 60 days before the end of the Contract term. The
request for extension shall include Developer's anticipated budget for the remaining balance an
• g g
explanation as to why additional time is needed, and a ro
ro osed project timeline. It i
p p p J s
specifically understood that it is within City's sole discretion to a Developer's
request for an additional rove or deny Develo
onal term. Any such extension must be in writing as an amendment to this
Contract.
4. DEVELOPER OBLIGATIONS.
4.1 CHDO,Certificates
4.1.1 Recluirements Met. By the execution of this Contract, Developer certifies
that it meets all requirements set forth in 24 CFR 92.2 for bein g a CHDO.
4.1.2 Status Reports. Developer has a continuing, ongoing City
g dut Y to p rovid y
with any documentation or information in regard to its status as a CHDO. Developer shall
hall
provide City with any information and documentation regarding n change in its status as
CH g Y g a
DO or as a 501(c)(3) tax exempt entity within ten business day of said change. Developer
• Y g p
shall provide to City an annual board roster and certification of continued status as a CHDO O by
January 30 h of each year. The failure of Developer to maintain its status as a CHDO shall result
in reversion of assets as described as 8.5.1 and shall be considered a default of Developer, which
(71DO L'ontruct with TC11P for 1246E' Jefferson
Page S of 33
shall result in the termination of this Contract under Section 8.4 below.
4.2. Construction of Required Improvements.
4.2.1 Required Improvements. Developer shall complete the construction of the
Required Improvements as described in Exhibit "All -- Project Summary and Scope of Work
upon receiving written notice to proceed from City.
4.2.2. Lien on Pro ert To secure City's HOME Funds in the Required
Improvements, Developer shall execute and provide to the City a romisso note and the
p ry
recorded Deed of Trust in favor of City as of the later of(i) the Effective Date or (ii) Develo er
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acquiring title to the Property. No funds shall be disbursed until the Deed of Trust is recorded.
Upon recording the HAP Deed of Trust, the City will release the Developer's Deed of Trust.
4.2.3 Sale of Required Improvements. Under the terms and conditions of this
Contract, Developer shall construct the Required Improvements to be sold to a HOME Eligible
Buyers).
4.2.4. I!roject Schedule. Developer will construct the Required Improvements
b the Co p
y Completion Deadline in accordance with the schedule set forth in the attached Exhibit
"B" -- Project Schedule. Developer's failure to meet the Project Schedule or the Completion
Deadline shall be an event of default. The City may, at its sole discretion, approve pp an changes
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to the Project Schedule after Developer submits a written request for the modified Project
Schedule. If approved by the Director, the Parties shall execute a letter agreement memorializing
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the change to the Contract.
4.2.5 Interim Financing,. Developer shall not obtain any third art financing
p y g
for the fulfillment of its obligations in this Contract or place an liens on the Property without
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the written approval of the City, and any attempt to secure financing or file a lien without City's
written approval shall result in automatic termination of this Contract.
4.3 Use of HOME Funds.
4.3.1. Bud izet. HOME Funds will be spent in accordance with Exhibit "C" -
Budget. Developer may increase or decrease line-item amounts in the Budget with Director's
prior written approval so long as the expenses are in compliance with 4.3.2 comply with
Exhibit"A" -- Project Summary and Scope of Work, and the total amount of HOME Funds is
not increased.
4.3.2. Expenditures in Compliance with HOME Re ulations. Developer shall be
reimbursed for the construction of the Required Improvements with HOME Funds onl y if
Developer provides Complete Documentation showing that the costs are eligible expenditures
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under HOME Regulations and in compliance with the Budget and Project Schedule. Further
J ,
Developer must comply with project requirements in 24 CFR Part 92 Subpart F -- Project
P
C11DO[ Ontruct with R'f if for 1246 ,V Jefferson
i
Requirements, attached hereto as Exhibit "O"—Subpart F Project Requirements.
p � q ts.
4.3.3. Reimbursement Requests. Funds will be disbursed as detailed in Exhibit
"B' - Project Schedule. In order to receive reimbursement for eligible• g expenses, Developer
must submit Complete Documentation to City within the Contract term. Addition '
Additionally, PDF s of
site plans, drawings or designs must be included with the first request for reimbursement.ursement. City
shall not hold retainage. Instead, it shall make the final construction a
p yment due Developer
contingent upon successful completion of the following: Com of g Completion p the Required
Improvements by Developer, (2) receipt of a Housing and Economic Development Final
Inspection approval for the Required Improvements; (3)(3) approval of Complete Documentation-
and (4) Developer is not in breach of this Contract or any other agreement D eveloper has with
th
the City. Developer Fee will be paid at closing f the sale of the house '
Buyer.
g to a HOME Eligible
4.3.4. Nithholding Payment. IF COMPLETE DOCUMENTATION IS
NOT
RECEIVED, CITY SHALL WITHHOLD PAYMENTS REQUESTED� UNDER THIS
CONTRACT. Further, if Developer is in default of an other HOME y contract with the
City, City may choose, in its sole discretion, to withhold payments requested under this
s Con tract or any other contract with Developer.
4.4 Construction and Pro a Standards
4.4.1 Construction to Conform to All Applicable Laws Building Codes
and
ordinances. All plans, specifications and construction on the Required Improvements conform to all applicable Federal, state and local laws, ordinances rules a '
and regulations,
including HOME Regulations, (ii} meet all City building codes' (iii) be certi. g , fled as meeting the
Energy Conservation requirements as required by the State of Texas in Chapter 11 of the
International Residence Code; (iv) for new construction, must conform to the c '
urrent edition of
the Model Energy Code, published by the Council of American Building Officials;
. g and (v) pass
the Final Inspection by the City.
4.4.2 Construction Inspections. The construction of the Required Improvements
q p meats
described in Section 4.2 must pass RED Department Minimum Acceptable p e Standard Inspection
report, a HUD Compliance Inspection Report along with any other a pp licable final inspection
approval from the City and any other applicable HUD-required inspections
q during the
construction period and at the completion of the construction of the Development.
4.4.3 Proverty Standards and Lead Paint Requirements. Developer shall� p .comply
with the
requirements as it related to City's property standards as well as all
applicable
accessibility standards for the Required Improvements. Developer shall comply
with i the
requirements contained in 24 CFR Part 92.251 as relates to Property Standard '
p y sand Housing
Quality Standards (HQS), (ii) Accessibility Standards under 24 CFR Part
92.251 (a)(3) as
applicable, and (iii) Lead Based Paint Requirements as found in 24 CFR Part 92.355 and 24 CFR
Part 35 in the construction of the house built under this Contract.
(711)0 Contract with ZZ-71P for 1246 E. Jefferson
Page 7 of 33
4.4.4. Submission and Approval by CitV of Plans and Specifications Not
Release of Responsibilitv or Liabilit Developer shall submit plans and specifications to the
City. Approval of any plans and specifications relating to the Required Improvements ements by City
shall not constitute or be deemed (i) to be a release of the responsibility or liability
. p y of Developer
or any of its contractors, their respective officers, agents, employees and subcontractors
, for the
accuracy or the competency of the plans and specifications, including, not limited t
g� o, any
related investigations, surveys, designs, working drawings and specifications or other
documents; or (ii) an assumption of any responsibility or liability by City for any negligent act,
error or omission in the conduct or preparation of any investigation, surveys, designs, wor •
drawings y , g king
wings and specifications or other documents by Developer or an of its contractors and th •
Y their
respective officers, agents, employees and subcontractors.
4,5 Subcontractors.
4.5.1 Re ortin . Developer shall submit proof of the following information in
writing regarding all subcontractors utilized in the construction of the Improvements:
Required Im •
q
4.5.1.1 Licensing-- of Contractors and Subcontractors. Developer shall
ensure that all contractors a p
and subcontractors utilized in the construction of the Required
Improvements areappropriately lic q
ensed and that such licenses are maintained throughout the
construction of the Required Improvements.
4.5.1.2 Unlicensed or Debarred. Developer shall ensure that all
subcontractors utilized by Developer or '
ers
Develo general contractor ar
Developer's e not debarred or
suspended from performing work within the City, the State of Texas or the Federal
government.
Developer must confirm that all contractors subcontractors are not listed on the Federal System
for Award Management, www:sam.gov, and must submit written verification of such searches
with the first reimbursement request which includes invoices from any subcontractor. Failure to
submit such proof shall be an event of default. If City determines that any subcontractor has been
debarred, suspended, or is not properly licensed, Developer or Developer's p p general contractor
shall immediately cause such subcontractor to stop work on the Required ed Improvements and
Developer shall not be reimbursed for any work performed b such subcontractor. '
. Y . However, this
Section shall not be construed to be an assumption of any responsibility or li ability by Cl
ty to
determine the legitimacy, quality, ability, or good standing of any subcontractor.
r.
4.6 Marketin
4.6.1. Affirmative MarketiII& Developer must adopt affirmative marketing
ng
procedures and requirements for the Required Improvements as required b 24
q y CFR 92.351 if
the project involves the construction of 5 or more houses. The procedures
. p es and requirements
must include methods for informing the public, owners and potential homebu r
housing laws and policies so as to ensure that all individuals, without regard for sex,, age, race,
color, creed, nationality, national origin, religion, handicap status disability, '
. p y, familial status,
sexual orientation, gender identity, gender expression or trans ender iv
g are given an equal
opportunity to participate in the project.
C"11DO Contract with T'C.71P for 1246 E. Jefferson
Page 8 of 33
4.6.2. City A roval. All Developer marketing rocedures related to the
e
Required Improvements, including but not limited to the affirmative marketing
ng described in
Section 4.6.1 are subject to approval by City. Developer shall submit all marketing p a keting plans for
City approval no later than 7 calendar days after the Effective Date.
4.6.3 Effective MarketiLn& Developer will be solely responsible for the effective
Y p e
marketing responsibilities necessary to achieve requirements described in
q Section 4.9.5.
Documentation supporting these efforts shall be submitted to the City Y on p request and shall
include, but not be limited to, brochures, sign-in sheets for en o houses i
p listings, and
advertisements.
4.7 Developer Fee. Developer shall receive a fee of 10% of the total ro'ec
p � t related
development costs as determined by Exhibit "C"-
Budget ("Developer Fee"g ). The Developer
Fee shall be paid at the closing of the sale of the Required Improvements to a H '
q p HOME Eligible
Buyer and receipt of documentation of all required inspections.
p ons.
4.8 Sales Proceeds. All Sales Proceeds must be returned to the City.
Y
4.9. Sale of Recluired Improvements to HOME Eligible Bu er
4.9.1 Sale Price of Required Improvements. The sales rice of the Required
rov o p q ed
Improvements ements shall not exceed 95/o of the median sales price of the same type of single-family
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housing located within City as determined by HUD.
4.9.2 HOME Elilzible Bu er. All homebu ers who purchase the Y p Required
Improvements must also be a HOME Eligible Buyer who receives closing cost and/or down
payment assistance from the City's HAP, as described in Section 5. Developer must verify eri fy that
the homebuyer is a HOME Eligible Buyer, and must supply City with all in
. , , pp y y formation necessary
to prove eligibility of a prospective buyer prior to closing. An attempt to sell the
g Y p Required
Improvements to a homebuyer who is not a HOME Eligible Buyer shall be an event of default
and shall result in automatic termination and reversion of all assets as described in Section 8.5.1.
In addition, the HOME Eligible Buyer must complete a homeownership training g and counseling
program prior to the closing of the purchase of the Required Improvements. This requirement
p q ent
must be evidenced by a completion certificate from a HUD Certified Housing Counseling
Agency only. A copy of the certification shall be provided to the City. Failure. p y e of Developer to
provide such certification shall be an event of default.
4.9.3 Contract. Developer shall provide City with a co of a sales contract for
or
approval prior to execution for each HOME Eligible Buyer. The sales contract
Y must contain
provisions regarding the following, and will incorporate definitions from this contract
as
relevant:
1. "The home you are purchasing was constructed with federal funds that require
q re
the home remain affordable for up to 5 years ("Affordabilit y o " . This Period").
means that if you sell or leave the home before: the Affordability Period is
C_71DO Contract with 7'C.Rf for 1246 E. Jefferson
Page 9 of 33
over, you will be required to repay the City the amount of federal funds used
to construct the home. Therefore, as a condition of sale, you will be required
to execute a Note and Deed of Trust in favor of the City for the amount of
federal funds that were used to construct the home to secure the Affordability
Period. The City agrees that the lien will be subordinate to any purchase
money loans.
4.9.4. Develo er to Provide Settlement Statement. At least 5 business days before each
closing, Developer will provide to City the estimated settlement statement. The settlement
statement shall account, with regard to the Required Improvements, for the 1 homebu er
subsidies, (2) development subsidies (3) Developer Fee and (4) amount of Sales Proceed s to be
returned to City from settlement funds.
4.9.5. Timing of Sale of Required Improvements. The Required Improvement rovement must be
sold to an HOME Eligible
Buyer within 4 months from the date of Completion. If the Required
p q red
Improvements are not sold within 4 months from the date of Completion, the Developer shall
submit a status report must comply with requirements described under Section 8.1.4. Failure to
submit the report and/or failure to sell the Required Improvements within 4 months shall
p be an
event of default as described under Section 8.1.4.
4.10 Monitorine of Develo er
4.10.1 Developer understands and agrees that it will be subject to monitoring b
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City for compliance with the HOME Regulations for the duration of the Affordabilit y Period
and until the project is closed in HUD's IRIS system. Developer will provide access to r •
. p p project
ect
files as requested by City, HUD, the Comptroller General of the United States and any of their
representatives during the Term, during the Affordability Period and for five ears after
closeout of this Contract Y
act in HUD's IDIS system, and will meet all the reporting requirements set
out in this Contract. This Section shall survive the termination or expiration of this Contract.
4.10.2 City, HUD, the Comptroller General of the United States and an y of their
representatives shall have access at all reasonable hours to the Developer's. offices and records
dealing with the use of the HOME Funds that are the basis of this Contract and to its
officers,
directors, agents, employees, and contractors for the purpose of such monitoring with
. p � g th an
advanced notice of no less than 24 hours.
4.10.3. Developer agrees to likewise monitor the effectiveness of the services and
work to be performed by its contractors and subcontractors.
5. HOMEBUYER ASSISTANCE.
5.1 HAP Partici ation. To ensure that the affordability requirements are met City requires
res
th at the HOME Eligible Buyer, at least 60 days prior to
closin g, apply for a minimum of
$1,000.00 of closing cost and/or down payment assistance from the City's HAP.
y Homebuyer
eligibility shall be determined by City in City's sole discretion using City 14AP Eligibility
bility
C_'11DO Contract with 14C'11P for 12461:. Je 'erson
Page 10 of 33
Requirements. City shall enter into a written agreement with the homebuyer for the down
own
payment and/or closing cost assistance. If requested by the City, Developer shall time/ provide
p timely with all documents and information necessary for City o the homebu er's
Y process y HAP
application, especially the verification of homebuyer eligibility. If the homebuyer does not
Y y meet
City HAP Eligibility Requirements, Developer may not sell the Required Improvements q p to the
homebuyer.
5.2 HAP Deed of Trust. City shall secure the HAP loan by recording a deed of trust against
the Property. Upon recording the HAP Deed of Trust, the City will release the Developer's Deed
of Trust.
6. REPORTING AND DOCUMENTATION RE UIREMENTS
6.1 Record-key System. In the performance of this Contract Developer shall
develop a record-keeping system and shall promptly provide City with copies of any document
City deems necessary for the effective fulfillment of City's monitoring and evaluation
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responsibilities and the reports and documents outlined below. Specifically Developer will keep
or cause to be kept an accurate record of all actions taken and all funds expended, with source
and back-up documents.
6.2 Records Retention. Developer will maintain all records related to this Contract
for a minimum of five years after termination of the Contract.
7. DUTIES AND RESPONSIBILITIES OF CITY
7.1 HOME Funds.
7.1.1 Reimbursement of HOME Funds. City will reimburse� De
velo er u
to HOME (excluding Funds for eligible expenses the Developer F ee)
related to
construction of the Required Improvements, so long as such eligible expenses are in
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conformance with the Budget and Project Schedule, and sufficient) roved b Y p y Complete
Documentation.
7.1.2 Timing f Payment. Provided that Developer submits Complete
. p p
Documentation to the Director with respect to the Required Improvements in conformance w'
. p with
this Contract, City will reimburse Developer for eligible s.expenses within 15 calendar days.
y
7.2. Monitorin .
7.2.1 Monitoring. City will monitor the activities and p erformance of
Developer and its contractors as necessary, but no less than annually as required by the HOME
Regulations, 24 CFR Part 92.504. City will monitor the performance of Developer in regard p ga d to
compliance with completion of tasks, duties and responsibilities as required under this Contract
act
with an advanced notice of no less than 24
hours.
C'11DO('ontract with T'C.'HP for 1246 E. Jefferson
Page 11 of 33
7.2.2 In addition to other provisions of this Contract regardin g frequency of
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monitoring, City reserves the right to perform desk reviews or on-site monitoring f Develo er'
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compliance with the terms and conditions of this Contract, and of the adequacy and timeliness of
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Developer's performance under this Contract. After each monitoring visit City shall provide
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Developer with a written report of the monitor's findings. If the monitorin g report notes
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deficiencies in Developer's performance, the report shall include requirements for the timely
mel y
correction of said deficiencies by Developer. Failure by Developer to take the action specified in
the monitoring report may be cause for suspension or termination of this Contract as rovi e d in
Section 11.
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7.3 CHDO Assistance. After the execution of this Contract, City will schedule a
meeting with CHDO to review and discuss the contractual requirements herein.
8. DEFAULT AND TERMINATION
8.1 Events of Default
8.1.1 Failure to Begin the Required Improvements. The Property ert shall be
acquired within 3 months of execution of the Contract. If Developer fails to begin
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construction of the Required Improvements within 1 month of the acquisition of the
Property on which the Required Improvements will be located, City ill notify
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Developer in writing and the Developer will have 30 calendar days from the date of
receipt of the written notice to begin construction. If property is owned b the Developer
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at time of Contract execution, construction shall begin within 1 month of the execution of
this Contract. If the Developer fails to begin construction of the Required Improvements
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within such time, City shall have the right to terminate this Contract effective
immediately upon written notice to Developer of such intent with no
penalty or liability City.
8.1.2 Failure to Com lete the Required Improvements. If City determines that
the Required Improvements were not completed by the Completion Deadline City will
i p � y
notify Developer n writing and the Developer will have 3 0 calendar days from the date
of receipt of the written notice to complete the Required er Improvements. If the Developer
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fails to complete the Required Improvements within such time, City shall have the right
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to terminate this Contract effective immediately upon written notice to Developer of such
intent with no penalty or liability to City, and to demand a re ment of an HOME Funds
repayment y
already disbursed to Developer.
8.1.3. Failure to Submit Complete Documentation. If Developer fails to submit
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all Complete Documentation within the term of this Contract, or if any submitted report
or documentation is not in compliance with this Contract or HOME Regulations as
determined by City, City will notify Developer in writing and the Developer will have 30
calendar days from the date of receipt of the written notice to submit or resubmit any
such report or documentation to City. If the Developer fails to submit or resubmit any
CHDO("ontruct with TL7] for 1246 t:. Jefferson
Page 12 of 33
such report or documentation within such time, City shall have the right to terminate this
Contract with no penalty or liability to City effective immediately, and to demand
repayment of any HOME Funds already disbursed to Developer. Notwithstanding
anything to the contrary herein, City will not be required to reimburse an HOME Funds
to D y
Developer unless Complete Documentation is received and approved by Y Cit within
the term of the Contract.
8.1.4 Failure to Sell Required Improvements in Accordance with Section 4.9.5.
If Developer fails to sell the Required Improvements within 4 months of the
Completion of the Required Improvements, Developer will notify City in writing and the
Developer will have 15 calendar days from the date of the written notice to submit a
detailed plan describing how the Required Improvements will be sold to a HOME
Eligible Buyer by 6 months from Completion. The plan pp must be reviewed and approved
by the City. If the Required Improvement is not sold within 6 months from the date of
Completion, Developer must choose one of the following options within 30 days before
the 6 month deadline:
a. the Required Improvements will convert to rental unit(s) as described in
24 CFR 92.252 and the Developer will be responsible for the maintenance
and management of the Required Improvements. If this option is selected
the City will execute a separate agreement enforcing the applicable
pp
HOME requirements for HOME rental units; OR
b. all HOME funds provided to the Developer by the City under this Contract
shall be repaid to the City within 30 days and this Contract shall be
terminated as described in Section in 8.5.
8.1.5 In General. In addition to the defaults described in Sections 8.1.1
8.1.2, 8.1.3, and 8.1.4 and unless specifically provided otherwise in this Contract
Developer shall be in default under this Contract if Developer breaches an term or
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condition of this Contract. If such a breach remains uncured after 30 calendar days
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following receipt of written notice by City referencing this Contract, or if Developer has
diligently and continuously attempted to cure following receipt of such written notice but
reasonably required more than 30 calendar days to cure, as determined by City, City shall
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have the right to elect, in City's sole discretion, one of the remedies contained in Section
8.2 or to terminate this Contract effective immediately upon written notice to Developer
of such intent.
8.16 No waiver. The waiver of a default or breach of any term, covenant or
condition of this Contract shall not operate as a waiver of an y subsequent default or
breach of the same or any other term, covenant or condition hereof.
8.1.7 Civil Criminal and Administrative Penalties. Failure to perform all the
Contract terms may result in civil, criminal or administrative penalties, includin g, but not
limited to those set out in this Contract.
['f DO Contract with TCY1P for 1246 ,E. Jefferson
Pine 13 of 33
8.2. 01y Options in Event of Default. If Developer fails to cure the default within
the time stated in the notice, City at its sole option may elect an combination of the following
actions:
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8.2.1. extend Developer's time to cure;
8.2.2 disallow all or part of the cost of the activity or action not in com fiance•
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8.2.3 pursue any other legal remedies available to City to ensure compliance
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with this Contract and the Deed of Trust, including foreclosure; and./or
8.2.4 terminate this Contract.
8.3. No Funds Disbursed while in Default. Developer understands and agrees that
no HOME Funds will be paid to Developer until all defaults are cured to the satisfaction of City.
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8.4. Basis for Termination.
8.4.1. Termination for Cause. City may terminate this Contract in the event of
Developer's default. Developer agrees that should City terminate this Contract for cause
Developer shall not be considered for any other City contract involving HOME funds. Likewise
Developer may terminate this Contract if City does not provide the HOME Funds substantially
as described in this Contract.
8.4.2 Termination for Convenience. In terminating under 24 C.F.R. 85.44 this
Contract may be terminated in whole or in part only as follows:
8.4.2.1. By City with the consent of Developer in which case the Parties
shall agree upon the termination conditions, including the effective date and in the
case of partial termination, the portion to be terminated, or
8.4.2.2. By the Developer upon written notification to City, settin g forth
the reasons for such termination, the effective date, and in the case of p artial
termination, the portion to be terminated. However, if, in the case of a p artial
termination, City determines that the remaining portion of the Contract to be
performed or HOME Funds to be expended will not accomplish the p �u oses for
which the Contract was made, City may terminate the Contract.
8.4.3 Dissolution of Developer Terminates Contract. In the event Developer is
dissolved or ceases to exist, all assets acquired with HOME Funds used in the development of
the house(s) under the project including cash, interest payments from loans or otherwise any
accounts receivable attributable to the use of HOME Funds, and any real or ersonaf property
p p p Y
owned by Developer that was acquired or improved with HOME Funds shall automatically
transfer to City and this Contract shall terminate.
8.5 Results of Termination
C.'HDO Contract with TC.'HP for 1246 E. Jefferson
Page 14 of 33
8.5.1. Reversion of Assets. In the event this Contract is terminated with or without
cause, all assets acquired with HOME Funds used in the development of the Required
Improvements p q
p ovements including but not limited to plans, drawings, surveys, renderings, construction
documents and any other real or personal property owned by Developer that was acquired or
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improved with HOME Funds shall belong to City and shall automatically transfer to City or to
such assignees as City may designate.
8.5.2 Waiver of Develo er Fee. If this Contract terminates prior to the sale of
the Required Improvements to a HOME Eligible Buyer, the Developer waives all right and claim
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to the Developer Fee.
8.5.3. Forfeiture of HOME Funds. In the event of termination, grant rant funds
y revoked,awarded to Developer pursuant to this Contract shall be immediate) an y HOME Funds
distributed to Developer shall be returned to City, and any approvals related to the Project that
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is/are the subject of this Contract shall be immediately deemed revoked and canceled.
8.5.4 No Com ensation After Date of Termination. In the event of termination
Developer shall not receive any compensation for work undertaken after the date of the
termination.
8.5.5. Ri hts of City Not Affected. Termination shall not effect or terminate any
of the rights of City as against Developer then existing, or which may thereafter accrue because
of such default, and the foregoing provision shall be in addition to an and all other rights and
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remedies available to City under the law and the Deed of Trust, including, not limited to
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compelling Developer to complete the Required Improvements under the terms of the Contract.
Such termination does not terminate any applicable provisions of this Contract that have been
expressly noted as surviving the term or termination of the Contract.
9, SURVIVAL. Any provision of this Contract that pertains to affordability, monitoring,
y mon g,
record keeping and reports, along with any default and enforcement rovisions necessary to
enforce y
ce such provisions, shall survive the termination of this Contract and shall be overned b
g y
the HOME Regulations as well as the Deed of Trust.
10, REPAYMENT OF HOME FUNDS. All HOME Funds are a subject to repayment to City
J py y
by Developer in the event the Required Improvements do not meet the requirements as set out i
q n
this Contract and its Exhibits. It is expressly understood that upon the Completion of Required
p p q ed
Improvements, any HOME Funds not reimbursed under this Contract shall remain with City.
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11, GENERAL PROVISIONS
11.1. Developer Independent Contractor
Developer shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Developer shall have exclusive control of, and the exclusive
right to control, the details of the work and services performed hereunder, and all p ersons
performing same, and shall be solely responsible for the acts and omissions of its officers
('11D0 Contract with T'C'HP for 1246 f Jefferson
Page 15 of 33
members, agents, servants, employees, contractors, project participants, licensees or invitees.
11.2. Doctrine of Res ondeat Superior
The doctrine of respondeat superior shall not apply as between City p and Developer, its
,
officers, members, agents, servants, employees, contractors, project participants, licensees or
invitees, and nothing herein shall be construed as creating a partnershi p or joint enterprise
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between City and Developer. It is expressly understood and agreed that no officer, member,
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agent, employee, contractor, licensee or invitee of Developer, nor any project participant,p p , is in
the paid service of City and that City does not have the legal right to control the details of th
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tasks performed hereunder by Developer, its officers, members, agents, employees, contractors
project participants, licensees or invitees.
113 Relidous Or anization. No portion of the funds received by Developer
Develo p
hereunder shall be used in support of any sectarian or religious activity. In addition there must
be no religious or membership criteria for homebuyers of the HOME-funded ro ert pursuant
p p y, p nt
to The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 42 U.S.C. Sections 3641 et
seq.).
11.4. Audit
11.4.1. Entities that Ex end $500,00 or more in Federal Funds Per Year
All non-federal entities that expend $504,000 or more in Federal funds within one ear,
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regardless of the source of the Federal award, must submit to City an annual audit prepared
under specific reference to OMB Circular A-133. The audit shall cover the Developer's fiscal
years during which this Contract is in force. The audit must be re ared b independent
p p Y an p
certified public accountant, be completed within six months following the end of the period
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being audited and be submitted to City within 30 days of its completion. Developer's audit
i p p t
certification is attached hereto as Exhibit "D" Audit Requirements. The Audit Certification
Form must be submitted to City within 60 days of the end of period being audited (Developer's
fiscal year). Non-profit entities that expend less than $500,000 a year in Federal funds are
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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 Accountin g Office.
11.4.2. City Reserves the Right to Audit
City reserves the right to perform an audit of Developer's p
ram ro operations and
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finances at any time during the term of this Contract with an advanced notice of no less than 24
hours if City determines that such audit is necessary for City's compliance with OMB Circular
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A-133, and Developer shall allow access to all pertinent materials. If such audit reveals a
questioned practice or expenditure, such questions must be resolved within 15 days after notice
to Developer of such questioned practice or expenditure. If questions are not resolved within this
period, City reserves the right to withhold further funding under this and/or future contract(s)
with Developer. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT
DEVELOPER HAS MISUSED, MISAPPLIED OR MISAPPROPRIATED ALL OR ANY
PART OF THE HOME FUNDS, DEVELOPER AGREES TO REIMBURSE CITY THE
AMOUNT OF SUCH MONIES SO MISUSED, MISAPPLIED OR MISAPPROPRIATED
('11DO Contract with TC11 for 1246 E. Jefferson
Page 16 of 33
PLUS THE AMOUNT of ANY SANCTIONS, PENALTY OR OTHER CHARGE
LEVIED AGAINST CITY BY HUD BECAUSE of SUCH MISUSE, MISAPPLICATION
OR MISAPPROPRIATION.
11.5. Venue
Venue for any action, whether real or asserted, at law or in equity, arising out of the
execution,performance, attempted performance or non-performance of this Contract shall lie in
Tarrant County, Texas.
11.5 Governing Law
In any questions involving state law, for any action, whether real or asserted, at law or in
equity, arising out of the execution, performance or non-performance of this Contract in any
issue not governed by federal law, the choice of law shall be the law from the State of Texas.
11.7 Severability.
The provisions of this Contract are severable., and, if for any reason a clause, sentence
3
paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the '�
. g e invalid
provision.
11.8. Written A reement Entire Agreement.
This written instrument and the Exhibits attached hereto, which are incorporated b
� y
reference and made a part of this Contract for all purposes, constitutes the entire Contract b y the
Parties hereto concerning the work and services to be performed under this Contract. An prior
Any contemporaneous oral or written agreement, which purports to vary the terms of this Contract
shall be void. Any amendments to the terms of this Contract must be in writing nd
g must be
executed by each Party to this Contract.
11.9. Paragraph Headin s far Reference ORIA, No Le al Significance.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any p rovision of this Contract.
11-10 Compliance With All Applicable Laws and Re ulations
Developer agrees to comply fully with all applicable laws and regulations that are
currently in effect or that are hereafter amended during the performance of this Contract. Those
laws include, but are not limited to:
• HOME Investment Partnership Act as set out above
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2O0od et se .
. q }
including provisions requiring recipients of federal assistance to ensure
meaningful access by person of limited English proficiency
• The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
• Executive Orders 11063, 11245 as amended by 11375 and 12086 and as
('111)0("ontruct with R-17IP for 1246E' Jefferson
Page 17 of 33
supplemented by Department of Labor regulations 41 CFR, Part 60
• The Age Discrimination in Employment of 1967
• The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.
. q}
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24 ("U'PitAll)}
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et se q) and
24 CFR Part 8 where applicable
• National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321
et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
• The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et se q) and the Clean
Water Act of 1977, as amended (33 U.S.C. Sections 1251 et se q) and the related
Executive Order 11738. In no event shall any amount of the assistance p rovided
under this Contract be utilized with respect to a facility that has g iven rise to a
conviction under the Clean Air Act or the Clean water Act.
• Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
• The American with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.),
the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et
seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40 Appendix
A
• Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered p ersons
• Drug Free workplace Act of 1988 (41 U.S.C. Sections 701 et se q) and 24 CFR
Part 23, Subpart F
• 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 construction projects
• Regulations at 24 CFR Part 983.6 for Site and Neighborhood Standards Review
• Regulations at 24 CFR Housing and Urban Developments, Part 92 Home
Investments Partnership Program
11.11 HUD-Assisted Pro'ects and Em io ment and other Economic Opportunities
Section 3).
If the construction of the Required Improvements will cause the creation of new
employment, training, or contracting opportunities on a contractor or subcontractor
level
resulting from the expenditure of the HOME Funds, Developer shall comply with the following
and will ensure that its contractors. If the work performed under this Contract is on a
project
assisted under a
. program providing direct Federal financial assistance from HUD Section 3 of
the Housing and Urban Development Act of 1968 as amended 12 U.S.C. Sections 1
( 701 et seq.)
and its related regulations at 24 CFR Part 135, specifically 4 CFR 135.38 ("Section "y 3 ),
requires that the following clause, shown In italics, be inserted In all covered contracts ("Section„
3 Clause ):
C11D0 Contract with R-71P fear 1246 f:. Jefferson
hige 18 of 33
Section to be quoted in covered contracts begins:
"A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. section 1701 u (Section 3). The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by HUD
assisted or HUD-assisted projects covered by Section 3, shall to the greatest
extent feasible, be directed to low- and very-low income persons, particularly
persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24
CFR Part 135, which implement Section 3. As evidenced by their execution of
this contract, the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the Part 135
regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or workers'
representatives of the contractor's commitments under this Section 3 clause and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprentice and
training positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
D. The contractor agrees that it will include this Section 3 clause in every
subcontract to comply with regulation in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or
in this Section 3 clause, upon finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the subcontractor has been
found in violation of regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions,
including training positions that are filed- (1) after the contractor is selected but
before the contract is executed, and(2) with persons other than those to whom the
regulations of 24 CFR Part 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the subcontractor has been
found in violation of regulations in 24 CFR 135.
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be
performed under this Contract. .Section 7(b) requires that to the greatest extent
('ffUO('onlruc! wrlh 7('11P jor 1246 F'. Jefferson
Page 19 of 33
feasible N 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
79b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
City and Developer understand and agree that, if applicable to the project, 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 Developer, and their respective successors, assigns and their
contractors. Failure to fulfill these requirements shall subject Developer and its contractors and
their respective successors and assigns to those sanctions specified by the grant agreement
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through which Federal assistance is provided and to such sanctions as are specified b 24 CFR
Part 135.
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11.11.1 Section 3 Re ortin .
City and Developer understand and agree that compliance with the provisions of
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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
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project binding upon City and Developer, and their respective successors, assigns,
contractors
actors and subcontractors. Failure to fulfill these requirements shall subject
Developer and its contractors and subcontractors and their respective successors and
assigns to those sanctions specified by the grant agreement through which Federal
assistance is provided and to such sanctions as are specified by 24 CFR Part 135. The
responsibilities include:
1. Implementing procedures to notify Section 3 residents and business
concerns about training, employment, and contracting opportunities generated by
Section 3 covered assistance;
2. Notifying potential contractors working on Section 3 covered projects of
their responsibilities;
4. Facilitating the training and employment of Section 3 residents and the
award of contracts to Section 3 business concerns;
5. Assisting and actively cooperating with the Department in making
contractors and subcontractors comply;
6. Refraining from entering into contracts with contractors that are in violation
of Section 3 regulations;
7. Documenting actions taken to comply with Section 3; and
8. Submitting Section 3 Annual Summary Reports (form HUD-60002) in
accordance with 24 CFR Part 135.90.
(_'11DO Contract with H-71f for 1246 E Je&rson
Page 20(?f 33
In order to comply with the Section 3 requirements, Developer must submit the
Section 3 Reporting Forms attached hereto as Exhibit "K" - Section 3 Reporting
Requirements.
11.11.1.1 Report to the City on a quarterly basis, all applicants for
employment, and all applicants for employment by
contractors and any subcontractors. This shall include
name, address, zip code, date of application, and status
(hired/not-hired) as of the date of the report.
11.11.1.2 Notify available positions to the public for open
competition, and provide documentation to City with the
quarterly report that demonstrates such open advertisement,
in the form of printout of Texas Workforce Commission
posting, copy of newspaper advertisement, copy of flyers
and listing of locations where flyers were distributed, and
the like.
11.11.1.3 Report to the City on a quarterly basis, all contracts
awarded by contractors and any subcontractors. This shall
include name of contractor and/or subcontractor, address,
zip code, and amount of award as of the date of the report.
11.12. Prohibition Against Discrimination
Developer, in the execution, performance or attempted performance of this Contract
shall comply with all non-discrimination requirements of 24 CFR 92.350 and the ordinances
C 5
codified at Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Developer may
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not discriminate against any person because of race, color, sex, gender, reli ion� national origin,
familial status, disability or perceived disability, sexual orientation ender identity,. � g y, g
expression, or transgender, nor will Developer permit its officers, members, agents, or
employees to engage in such discrimination.
This Contract is made and entered into with reference specifically to the ordinances
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codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code and
Developer hereby covenants and agrees that Developer, its officers, members agents, employees
g �
and contractors, have fully complied with all provisions of same and that no employee,
or
applicant for employment has been discriminated against under the terms of such ordinances by
either or its officers, members, agents, employees or contractors.
During the performance of this Contract, Developer agrees that Developer will not
unlawfully discriminate against any employee or applicants for employment because of race
color, sex, gender, religion, national origin, familial status, disability perceived disability,
Y or p y,
sexual orientation, gender identity, gender expression or trans ender. Developer will take
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[.'f IDO Contract with T(_'f lT for 1246 E Je ers on
Page 21 of 33
affirmative action to ensure that applicants are hired without regard to race, color, sex, gender,
religion, national origin, familial status, disability or perceived disability, sexual orientation
gender identity, gender expression or transgender and that employees are treated fairly during
g
employment without regard to their race, color, sex, gender, religion, national origin, familial
status, disability or perceived disability, sexual orientation, gender identity, gender expression or
p
transgender. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination
rates of pay or other forms of compensation, and selection for training, includin g apprenticeship.
a renticeshi p
Developer agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
Developer will, in all solicitations or advertisements for employees placed b or on
behalf Y
of Developer, state that all qualified applicants will receive consideration for employment
without regard to race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
Developer covenants that neither it nor any of its officers, members, agents, employees,
or c n p
o tractors, while engaged in performing this Contract, shall, in connection with the
employment, advancement or discharge of employees or in connection with the terms, conditions
or privileges of their employment, discriminate against persons because of their age or because
of any disability or perceived disability, except on the basis of a bona fide occupational
qualification, retirement plan or statutory requirement.
Developer further covenants that neither it nor its officers, members, agents, ees em to
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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.
If Developer is found to be in noncompliance with the nondiscrimination clauses of this
Contract or with any of such rules, regulations or orders, this Contract may be canceled
terminated or suspended in whole or in part and Developer may be declared ineligible for further
government contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the
Secretary of Labor or as otherwise provided by law.
Developer will require the provisions of this Section 11.11.1 to be included in each of its
subcontracts for work performed on the project unless exempted by rules, regulations or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September
245 1965, so that such provisions will be binding upon each subcontractor or vendor. Developer
will take such action with respect to any subcontract or purchase order as City may direct as a
means of enforcing such provisions, including sanctions for noncompliance.
11.12.3• Developer's Contractors and ADA
[_'11D0 C"ontruc•t with I'[_'11P for 1246E' Jefferson
Page ZZ of 33 - ._
Under the provisions of the Americans with Disabilities Act of 1990 ("ADA"),
Developer warrants that it and any of its contractors will not unlawfully discriminate on the basis
of disability in the provision of services to the general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or er or employees of Developer p
any of its contractors. DEVELOPER WARRANTS IT WILL FULLY COMPLY WITH
ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL STATE AND
LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND
HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED
BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF
DEVELOPER'S AND/OR ITS CONTRACTORS' ALLEGED FAILURE TO COMPLY
WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY
DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT.
11.13. Prohibition Against Interest 1 Conflict of Interest
11.13.1 Developer shall establish safeguards to prohibit its employees, board
members, advisors and agents from using positions for a purpose that is or g ives the
appearance of being motivated by a desire for private gain for themselves or others
particularly those with whom they have family, business or other ties. Developer shall
disclose to City any conflict of interest or potential conflict of interest described above
immediately upon discovery of such.
11.13.2 No persons who are employees, agents, consultants, officers or elected
officials or appointed officials of City or of Developer who exercise or have exercised
any functions or responsibilities with respect to activities assisted with HOME funds or
who are in a position to participate in a decision-making process or gain inside
. p g
information with regard to these activities, may obtain a financial interest or benefit from
a HOME-assisted activity or have an interest in any contract, subcontract or agreement
with respect thereto, or the proceeds thereunder, either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter,
unless they are accepted under the procedures set forth at 24 C.F.R. § 92.356.
11.13.3 Developer affirms that it will adhere to Chapter 36 of the Texas
Penal Code, which prohibits bribery and undue influence of public servants.
11.13.4. In the procurement of property and services by Developer, the
conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively,
p Y'
shall
apply. In all cases not governed by those sections, the provisions of 24 CFR Part
92.356 of the HOME Regulations shall apply.
11.14. Labor Standards
11.14.1 As applicable, Developer agrees to comply with the requirements of
the Secretary of Labor under the Davis-Bacon Act (40 U.S.C. 276a et se q. and 18 U.S.C.
8 74 q
} as amended, the provisions of Contract Work Hours and Safety Standards Act (40
Y
U.S.C. 3701 et seq.) and all other applicable Federal, state and local laws and regulations
('11DO C.'ontract with TC.'f1P four 1246 E. Jefferson
Page 23 of 33
pertaining to labor standards insofar as those acts apply to the erformance of this
Contract. p
t act. Developer agrees to comply with the Copeland Anti-Dick Back Act 18 U.S.C.
874 et seq.) and its p implementing regulations of the U.S. Department of Labor at 29 CFR
Part 3. Developer shall maintain documentation that demonstrates compliance with hour
and wage requirements of this Contract and HOME Regulations. Such documentation
shall be made available promptly to City, HUD, U.S. Department of Labor, the
p ,
Comptroller General of the United States, and any of their representatives for review
upon request.
11.14.2 Developer agrees that all contractors engaged under contract for
construction, renovation or repair work financed in whole or in art with assistance
. p
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 governin g the ment of wages pa y g es
and ratio of apprentices and trainees to journey workers; provided that if wage e rates higher
than those required under these regulations are imposed b state or local 1
. p y law,
nothing hereunder is intended to relieve Developer of its obligation, if any, require
g a y, re q
payment of the higher wage. Developer shall cause or require to be inserted in full in all
such contracts subject to such regulations, provisions meetin g q the requirements of this
paragraph.
11.15. Subcontracting with Small and Minoritv Firms Women's Business
Enterprises and Labor Surplus Areas.
11.15.1 For procurement er
contract i s $50,000.00 or larger, Developer
g p
agrees to document a good faith effort to involve Minority Business Enterprises
and Small Business Enterprises and to provide them equal opportunity to compete
. . pp y p
for contracts for construction, provision of professional services, purchase of
equipment and supplies and provision of other services required b City.
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Developer agrees to incorporate the City's BDE Ordinance, and all amendments
or successor policies or ordinances thereto, into all contracts and subcontracts for
procurement $50,000.00 or larger, and will further require all persons or entities
. p
with which it so contracts to document a good faith effort with said ordinance.
11.15.2 It is national policy to award a fair share of contracts to
disadvantaged business enterprises ("DBEs"), small business enterprises
("SBEs"), minority business enterprises ("MBEs"), and women's business
enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure
that DBEs, SBEs, MBEs, and WBEs are utilized when p ossible as sources of
supplies, equipment, construction and services.
11.16. other Laws
The failure to list any federal, state or city law, ordinance or regulation that is applicable
g pp e
to Developer does not excuse or relieve Developer from the requirements or responsibilities i
q p n
regard to following the law, nor from the consequences or enalties for Developer's failure
' ' p p e to
follow low the law, it applicable.
("11DO Contract with T(lP four 1246 E. Jefferson
Page 24 of 33 _ ..`
11.17. Assignment
Developer shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of City. Any attempted assignment of same without
approval shall be void, and shall constitute a breach of this Contract.
11.18. Right to Inspect Contractor Contracts
It is agreed that City has the right to inspect contracts between Developer and any
Y
contractor engaged in any activity in conjunction with this HOME-funded project.
11.19. Force Mai eure
If Developer becomes unable, either in whole or part, to fulfill its obligations under this
Contract due to acts of God, strikes, lockouts, or other industrial disturbances acts of p ublic
enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or
prohibitions by any court, board, department, commission or agency of the United States or of
any States, civil disturbances, or explosions, or some other reason beyond such Developer's
�` Y p
control (collectively, Force MaJ eure Event"), the obligations so affected b such Force Ma'eure
. Y J
Event will be suspended only during the continuance of such event. Developer will give City
p g Y
written notice of the existence, extent and nature of the Force Ma'eure Event as soon as
. J
reasonably possible after the occurrence of the event. Developer will use commercial)
reasonable efforts to remedy its inability to perform as soon as possible. Failure to g ive notice
will result in the continuance of the Developer's obligation regardless of the extent of any
y
existing Force MaJ eure Event.
11.20 HOME Re uirements. Developer agrees to comply with all
requirements of the HOME Program as stated in 24 CFR Part 92, including, but not limited to
the following:
11.20.1 Environmental Review. HOME Funds will not be aid, and costs
. p
cannot be incurred until City has conducted and completed an environmental review of
the proposed Project site as required under 24 CFR Part 58. The environmental review
may result in a decision to proceed with, modify, or cancel the p J ro'ect. Further,
Developer will not undertake or commit any funds to physical or choice limitin g actions
including property acquisition, demolition, movement, rehabilitation, conversion repair
or construction prior to the environmental clearance, and any violation of this p rovision
will result in the denial of any funds under this Contract.
11.20.2 Contract Not Constituting Commitment of Funds or Site Approval.
Notwithstanding any provision of this Contract, the Parties agree and acknowledge that
this Contract does not constitute a commitment of funds or site approval, and that such
commitment of funds or approval may occur only upon satisfactory completion of
environmental com p
onmental review and receipt by City of an authorization to use grant funds from
HUD under 24 CFR Part 58.
C_'11DO Contract with H"Il for 1246 E Jefferson
Page 25 of 33
11.20.3 Com liance with the Uniform Relocation Act. Developer shall
comply with the relocation requirements of 24 CFR Part 92.353 and all other applicable
Federal and state laws and city ordinances and requirements.
11.20.4 Compliance with Davis-Bacon. Developer will comply with the
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Davis-Bacon Act as described on Exhibit "H" — Davis Bacon Requirements of this
q
Contract. In order to monitor for compliance, Developer shall provide City access to
employee payrolls, contractor and subcontractor payrolls and other wage information for
persons performing construction of the Required Improvements. In addition, Developer
shall ensure that City will have access to employees, contractors and subcontractors and
their employees in order to conduct onsite interviews with laborers and mechanics.
Additional requirements and forms that should be used to comply with this section are in
the following exhibits: Exhibit "H-1"- Wage Determination; Exhibit "H-2"- Contractor
Information Form; Exhibit "H-3-- Subcontractor Information Form;; Exhibit "H-4 --
Labor Relations Guide; Exhibit "H-5" -- Start of Construction Form; Exhibit "H-6" --
Construction Complete Form; Exhibit "H-7" — EEO Statement; Exhibit "H-8" — Payroll
Deduction Authorization Form; and Exhibit"H-9"—Officer Appointment Form
11.20.5 Developer Procurement Standards. Developer shall establish
procurement procedures to ensure that materials and services are obtained in a cost
effective manner. When procuring for services to be provided under this Contract
Developer shall comply at a minimum with the nonprofit procurement standards at 24
CFR Part 84.40 - 84.48.
11.20.5 Cost Principles/Cost Reasonableness. Developer shall administer
their use of HOME Funds in compliance with OMB Circular A-122, "Cost Principles for
Non-Profit Organizations", as amended from time to time. The allowabilit Y of costs
incurred for performance rendered shall be determined in accordance with OMB Circular
A-122, as supplements by the provisions of this Contract.
11.20.7 Developer must take the mitigation actions outlined in Exhibit"J"
--Environmental Mitigation Action. Failure to complete the required mitigation action
is an event of default under this Contract.
12. INDEMNIFICATION AND RELEASE
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY a 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, PERFORMANCE9 ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
C HDO Contract with R-7IP for 1246 E Jefferson
Page 26 of 33
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 DEVELOPER 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 OF
OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT
AND
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES
OF THE
PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE
OR IN
PART BY ALLEGED NEGLIGENCE OF OFFICERS9 AGENTS9 SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. DEVELOPER
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND
HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY9 DAMAGE
OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF
OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF DEVELOPER ITS OFFICERS,
MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS9 SUBCONTRACTORS,
INVITEES, LICENSEES, OR PROJECT PARTICIPANTS OR CAUSED IN
WHOLE
OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS9 AGENTS SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES9 BOTH DEVELOPER
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY DEVELOPER TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE WHETHER
THAT
NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE
OF THE
INJURY, DAMAGE OR DEATH.
DEVELOPER 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 CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
DEVELOPER SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS
A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE
SAME FORM AS ABOVE.
C 71DO Contract with TC'f IP for 1246 E. Jefferson
Page 2 7 of 33
13, WAIVER OF IMMUNITY BY DEVELOPER
If Developer, as a charitable or nonprofit organization, has or claims an immunit y or
exemption (statutory or otherwise) from and against liability for damages or injury, including
g
death, to persons or property, Developer hereby expressly waives its rights to lead defensive)
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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.
14. INSURANCE AND BONDING
Developer will maintain coverage in the form of insurance or bond in the amount of
$117
.000-00 to insure against loss from the fraud, theft or dishonest of an of Developer's
y y p
officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall
be used to reimburse City for any and all loss of HOME Funds occasioned b such misconduct.
• y .
To effectuate such reimbursement, such fidelity coverage shall include a rider statin g that
reimbursement for any loss or losses shall name the City as a Loss Payee.
Developer shall furnish to City, in a timely manner, but not later than 10 days after the
Effective Date, certificates of insurance as proof that it has secured and aid for policies of
. p p
commercial insurance as specified herein. If City has not received such certificates as set forth
herein, Developer shall be in default of the Contract and City may option,at its terminate the
Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract. Developer
shall maintain, or require its general contractor to maintain, the followin g coverage e and limits
thereof:
Commercial General Liability CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto"defined as autos owned, hired and
non-owned. Pending availability of the above coverage and at the discretion of City, the policy
shall be the primary responding insurance policy versus a personal auto insurance polic y if or
when in the course of Developer's business as contracted herein.
[.'IM0 C"Ontrac°t with R-11P for 1246 E. Jefferson
Page 28 of 33
i
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$1 00,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on an and all r
. g y projects
including but not limited to construction, demolition, and rehabilitation. Developer r
p o its
contractors shall maintain coverage, if applicable. In the event the respective contractors
do not maintain coverage, Developer shall maintain the coverage on such contractor,ontractor, if
applicable, for each applicable contract.
Additional Re uirements
Such insurance amounts shall be revised upward at City's reasonable option
Y and no more
frequently than once every 12 months, and Developer shall revise such amounts '
p ants within 30 days
following notice to Developer of such requirements.
Developer will submit to City documentation that it, and its eneral contractor,, has obtained
insurance coverage and has executed bonds as required in this Contract p
rior to payment of any
monies provided hereunder.
p
Where applicable, insurance policies required herein shall be endorsed to in '
include City as an
additional insured as its interest may appear. Additional insured parties shall• p include employees,
officers, agents, and volunteers of City.
The Workers' Compensation Insurance policy shall be endorsed to include
de a waiver of
subrogation, also referred to as a waiver of rights of recovery, favor of City.
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Any failure on part of 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.
Ives.
Insurers of Developer'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 d
g o business '�n the state
of Texas. Insurers shall be acceptable to City insofar as their financial strength g and solvency and
each such company shall have a current minimum A.M. Best Key Rating Guide rating
. y g ating of A. VII
or other equivalent insurance industry standard rating otherwise approved b City.
pp Y .Y
Deductible limits on insurance policies shall not exceed $5,000 per occurrence u '
• p unless otherwise
approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
. g Y g requirements for
the project, and such requirements exceed those specified herein the former shall prevail.
C"HDO Contract with R-71f for 1246 F: Jefferson
Page 29 of 33
Developer shall require its contractors to maintain applicable insurance coverage,
limits, and
other insurance requirements as those specified herein; and Developer shall all require its
contractors to provide Developer with certificate(s) of insurance documenting uch
Also Developer shall r g coverage.
g
p require its contractors to have City and Developer endorsed as additional
insureds (as their interest may appear) on their respective insurance p olicies.
Directors and Officers Liability coverage shall be in force and ma y e b provided p On a claim made
basis. This coverage may also be referred to as Management Liability,
. g y, d shall protect the
insured against claims arising out of alleged errors in judgment, breaches of dut an. . y d wrongful
acts arising out of their organizational duties. Coverage shall protect not onl y y the entity, all
�
past, present and future directors, officers, trustees, employees, volunteers and committee
members.
Developer shall require its builder to maintain builders risk insurance at the value ue o f the
construction unless covered by the Developer.
15. CERTIFICATION REGARDING LOBBYING
The undersigned representative of Developer hereby certifies to the best of his
� or her
knowledge and belief, that:
No Federal appropriated funds have been paid or will be aid b or on behalf of
. paid, y
Developer, to any person for influencing or attempting to influence an officer or
g
employee of any agency, a member of Congress, an officer or employee of
Congress in connection with the awarding of any Federal contract the making of
a g
any Federal grant, the making of any Federal loan, the entering nto of
g any
cooperative agreement and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan or cooperative agreement.
p g t.
If any funds other than federally appropriated funds have been aid or will be
p paid
to any person for influencing or attempting to influence an officer or employee of
any agency, member of Congress in connection with this Federal contract, g rant
loan or cooperative agreement, Developer shall complete and submit Stand
« p and
Form-LLL, Disclosure Form to Report Lobbying," under its instructions.
This certification is a material representation of fact upon which reliance was
s
placed when this Contract was made or entered into. Submission of this
certificate is a prerequisite for making or entering into this Contract imposed b
p y
31 U.S.C. Section 1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000.00 and not more than
$1 00,000.00 for each such failure.
(11DO Contract with TC'Hf for 1246,E. Jefferson
Page 30 of 33
Developer shall require that the language of this certification be included in I
al
subcontracts or agreements involving the expenditure of Federal funds.
16, LITIGATION AND CLAIMS
Developer shall give City immediate notice in writing f action including g any � g any
proceeding before an administrative agency, filed against Developer in conjunction with p � this
Contract or the project. Developer shall furnish immediate) to City copies of al
Y Y p 1 pertinent
papers received by Developer with respect to such action or claim. Developer shall provide p p a
notice to City within 10 days upon filing under any
bankruptcy or financial insolven cy provision
of law.
17. NOTICE
All notices required or permitted by this Contract must be in writing nd de
g are erred
delivered on the earlier date of the date actually received or the third day following g ( 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 below or at
such other address as the receiving Party designates by ro er notice to the sending P
p p g arty.
C it
City Manager's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Copy to:
City Attorney's Office
1 000 Throckmorton Street
Fort Worth, TX 76 102
Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, Tx 76 102
President of Tarrant County Housing Partnershi Inc.
3204 Collinsworth Street
Fort Worth, Tx 76 107
18. DEVELOPER HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT
T
Developer represents that it possesses the legal authority,, pursuant to an r
Y p y proper,
appropriate and official motion, resolution or action passed or taken, to enter into this Contract
and to perform the responsibilities herein required.
(711)0 C"ontrac°t with 71C'11P for 1246 k. Je e son
Page 31 of 33
19. COUNTERPARTS
This Contract may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
IN WITNESS WHEREOF the Parties h • to have executed this Contract in Fort
Worth, Tarrant County, Texas, this ay of v 'lam_ , 2013.
0 0 -
ATTEST: VY OF FORT WORTH
0 0
Cit Secretar APO °
Y 3 � o0 00° ,Fernando Co a, sistant City Manager
M&C: �' �� �.°OVOOOOO° k Date:
Date: k �,I,�;S .'
C---� l 3/a710010-
APPROVED AS TO FORM AND LEGALITY:
\OV
1
Assis-tant Ci Attor ey
ty
TARRANT COUNTY HOUSING
RT'NERSHIP, INC.
By
D a an ess Pre ' nt
Date: 5- 10
!3
rF CIAL RECORD
Y SECRETARY
C'fID(�Contract with T('NP jor 1246 F.. Je erson wpRTH,TX
Page 32 of 33
Exhibits:
Exhibit"A"—Project Summary 1 Scope of Work
Exhibit"A-1"- Final Elevations and Proposed Plans and Specifications
Exhibit"A-2"- Legal Description
Exhibit"B"—Project Schedule
Exhibit"C"—Budget
Exhibit"D"—Audit Certification Form and Audit Requirements
Exhibit "E-1"—Invoice
Exhibit "E-2"—Detailed Statement of Costs
Exhibit"E-3"—Client Data Report
Exhibit"F"- Standard of Backup Documentation
Exhibit"G"—24 CFR Part 92 Subpart F—Project Requirements
Exhibit"H"—Davis Bacon Requirements
Exhibit"H-1"- Wage Decision
Exhibit"H-21'- Contractor Information Form
Exhibit"H-3 - Subcontractor Information Form
Exhibit "H-4: —Labor Relations Guide
Exhibit"H-S"— Start of Construction Form
Exhibit "H-6"—Construction Complete Form
Exhibit "H-7"—EEO Statement
Exhibit"H-8"—Payroll Deduction Authorization Form
Exhibit"H-9"—Officer Appointment Form
Exhibit"I"- Deed of Trust Form
Exhibit"J"- Environmental Mitigation Action(Nat Applicable)
Exhibit"K"- Section 3 Reporting Requirements
c_'11DO C"ontruct with TCH for 1246 E. Jefferson
Page 33 r?f 33
EXHIBIT "A"
PROJECT SUMMARY- SCOPE OF WORK
1246 E. JEFFERSON
DESCRIPTION:
Developer will construct a 1404 square foot, 3bedroom and 2 bathroom single-family home on a lot
size of approximately 6,000 square feet. Construction will include a one car detached garage. Fencing
will be located at the rear and side yards. Landscaping will include front yard.
The construction shall contain the following accessibility requirements
The following appliances and related amenities will be included in the sale of the house:
• Ceiling Fan(s) in 3 BR, 1 LR.
• Washer and Dryer hookups
• Central Air Conditioning
• Stove
• Dishwasher
• Vent-a-hood
■ Garbage Disposal
■ Electric Garage Door with Remote
• Mailbox located at door
The following materials shall be used for the construction of the Required Improvements
• Appliances included with the sale
• Fence (back yard)
• Landscaping (front)
• Roofing Materials 3 TAB 25 YR
• Siding (percentage) 100%
• Foundation Type Post Tension
• HVAC 15 Seer Heat Pump
• (the "Project").
C11DO Funds -Exhibits
EXHIBIT "A-1"
FINAL ELEVATIONS AND PROPOSED PLANS AND SPECIFICATIONS
CHDO Funds -Exhibits
BUILDING
ELEVATIONS
+ EC 110, 11010
8.1
t If
11
ti t
HILLSIDE
PARTNERSHIP,
INC.
WORTH' TEXAS 78398 FAT VIORTH STr �A
TEXAS 789 Q4
MODEL A TARRANT COUNTY HOUSING FROMM
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5.00-1 FLOOR PLAN
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11.
GROSS BL!]4. AREA: 1404 SQ. FT.
Refer to Developer's Refer to Developer's
MEP design drawings structural design drawings
for plumbing, HVAC & for foundation &
electrical design. framing design.
GENERAL NOTES:
1. D#notaiona are to center of stud or
structure unless otherwise noted
2 1 Indicates Portttian twee
refer to ,towing page 4.01.
5.00-2 GARAGE PLAN
a
•
ER\
5.00
PACE CV MCI ;
I
EXHIBIT 66A-2"
LEGAL DESCRIPTION
Highland Park Addition — Ft Wth Blk 47 Lot 12
CHDO Funds -Exhibits
EXHIBIT «B"
PROJECT AND REIMBURSEMENT SCHEDULE
1246 E. Jefferson
Phase Activity Beginning Week — subject to
� weather ermittin
PHASE I ACTIVITIES:
Contract signed Ma 13
Lot Acquisition/Preparation May 20
(Demolition
Plumbin g August 12
Foundation August 19
PHASE I DEADLINE:
Au guru 23 1 st Payment
$36,400
PHASE II ACTIVIITES: Framing
August 26
Roofing September 2
Insultation September 9
Siding 1 Brick September 16
Top-out Plumbing, Electrical, HVAC Se p tember 23
PHASE II DEADLINE: na
P
October 4 Payment $389500
PHASE III ACTIVIITES: Sheetrock, Tape/Bed/Texture/Trim-out
October 7
Paint October 21
Cabinets, Countertops October 28
HVAC, Plumbing, Electrical, Finish- November 4
Out
PHASE III DEADLINE: 3 rd P
November S Payment $289500
00
PHASE IV ACTIVIITES: Landscape, Paving November 11
Flooring November 18
Appliances, Interior trim-out/finish November 25
PHASE IV DEADLINE:
November 29 Construction Final Payment $139600
00
CONSTRUCTION TOTAL
$117,000
:lT-
DEVELOPERFEE Paid at time of home sale to HOME $11
Eligible Bu er 7
y 00
*Developer will be reimbursed for eligible expenses only.y The amounts are estimates and are subject to
char e.
Exhibit C
Budget
BUDGET— 1246 E. Jefferson
Total Cost: $ 117,000
Project HOME Funds Awarded: $ 117,000
Operating unds Awarded:d. $
TOTAL AWARDED FUNDS: $-11 ppp
Please note that all funding ill made
g on a reimbursable bass only.
Development Budget
Use of Funds S
Predevelopment cost Source of Funds
HOME $ OTHER $ SOURCES OF TOTAL
$
FUNDS
OTHER FUNDS FUNDS
(2) (Names) (1+2)
1. Market Stud
2. Feasibility(ie: preliminary work
write-up, cost estimates, design)
3. Other
Total Predevelopment cost(1+2=3)
Development Cost
4. Land and/or building acquisition 2,100
5. Site Preparation 3.100 2,100
5. Construction cost 99,200 3,100
7. Fence 99,200
4.300
8. Landscape 2,100 4.300
9. Contingency 2►100
10. Appraisal 475
Proceeds of Sale 475
1. Architect& Engineering Fees 2,500
12. Construction Management Fee 2,500
3. construction Loan Interest
14. Property Survey 500
15. Legal Fees 500
250 Proceeds of Sale 250
-16. Real Estate Fees 4,,680
Proceeds of Sale --4.680
7. Utility Hookup/Impact Fees 3,200
18. Title& Recording Fees 3,200
780 Proceeds of Sale 780
9. Program Related Expenses 6.250 CHDo
operating Funds 5,250
20. Construction Management
21, Bond Fees
Total Development Cost(Total of 117,000
items 4—21) 129,435
Total Project cost 117,000 12 435
129,435
CHDO Funds -Exhibits
EXHIBIT 66D"
AUDIT REQUIREMENTS
• Pages 1-2: Summary of Audit Requirements
• Page 3: Single Audit Report Checklist
• Page 4: Audit Certification Form
CHDO Funds -Exhibits
CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $500,000 or more in federal
al awards (from City of Fort Worth and other fun •
sources during their fiscal ears shall obtain -- ding
y either an annual single audit or a ro ram specific fi c
rams specific audit p g p audit.
Organizations may have a program p tin accordance with OMB Circular A-133 or other star
set forth in the Contract if applicable, if the e � standard
pp y expended funds for only one federal ro ram as listed� p g d in the
Catalog of Federal Domestic Assistance
FDA). If funds are spent for more than one fed
single audit is required. The audited time federal program, a
me period is the organization's fiscal year, and not the City
Worth's funding period. y of Fort
The audit shall be conducted by a certified ublic accountant countant (CPA) that is i
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 an
d quality control as required by Government�4 uditi
Standards, including the requirements for continuing g
g professional education and external eer reviews.
procurement requirements
Auditor selection must adhere to federal p
.
A separate supplementary schedule of revenues expenditures
• penditures and changes in fund balance for each City
of Fort Werth contract is no longer required. The Sc
q Schedule of Expenditures of Federal Awards shout •
City of Fort Worth 's contract numbers the total expended for each individual list
idual federal ro ram
CFDA number(OMB A-13 3 .310 . p g , and the
The independent auditor's report should include
all of the relevant items i
listed on the "Audit R
Checklist."Additional guidance on the conduct and re porting of these audits is contained ep°�
ined in the latest issuanc
of the following publications: e
Government Auditing,Standards issued b the Comptroller Ge
• Y p Herat of the United States,2003
OMB Circular A-133 as revised 5130197 and amended
June 2003
OMB Circular A-133 Compliance Supplement
AICPA's Statement of Position 98-3, "Audits of States Not-for-Profit, Local Governments, and Organizations
Receiving Federal Awards"
g
Various AICPA audit guides for nonprofits, colleges an universities
• p � g d universities and health and welfare organizations
AICPA s Audit Risk Alert"State and Local Governmental
tat Developments"
Government Auditing Standards by the Texas Department p ent of Housing and Community 4ffairs f or Properties Low Income Housing T ax Credits
All organizations that receive a City of Fort North award must submit the provided Audit Certification Form
which certifies whether you are subject to a single/program ° m
. J audit. organizations receiving federal awards
from the City of Fort North who are not required g
q to have an audit shall certify in writin to the agency.
The organization's Chief Executive officer or Chief g g cy•
Financial officer shall make the certification within
60 days of the end of the organization's fiscal year in •
y the year that the project was completed.
The following items should be submitted to the City of Fort North Housing and Economic Deveio meat
Department within the required timeframe: p
Due 60 da s after organization's fiscal year end in the earth '
. at the ro tct was completed: re wired for all
subrecr rents
Completed Audit Certification Form
CHDO Funds -Exhibits
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 b the CPA ' •
Two � y �n conjunction with the audit report
copies of managements comments on all findings,g , recommendations, & quesitoned
costs contained in the audit report and management letter,
action I g , including a detailed corrective
pan
Failure to submit any of these items b the required du
Y q e date may result '�n holds on current draw
requests, suspension of the organization's contract(s) and eligibility for g y future funding.
If the organization does not meet the requirements of '
. q having a single/program audit conducted records
must still be kept available for review or audit b fit of Fort (OMB '
Y y worth staff A-133 Subpart B Sec 200(d).
If additional information is needed concerning the audit requirements, please call (817) 392-5141.
CUIDO Funds -Exhibits
_IW="ffAdU aux EM IMAM
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
SINGLE AUDIT REPORT CHECKLIST
The Department developed this checklist to help organizations improve the quality and completeness of
audit reports.
General Purpose or Basic Financial Statements of the Organization Opinion/Report on Organization's Financial
Statements in accordance with Government Auditing Standards
Notes to the General Purpose or Basic Financial Statements of the Organization
A Schedule of Expenditures of Federal Awards including the Department's contract numbers, the total
expended for the federal program, and the CFDA number (OMB A-133 Subpart C Sec 310).
Opinion/Report on Schedule of Expenditures of Federal and State Awards
Report on Compliance and on Internals Control Over Financial Reporting Based on an Audit of Financial
Statements Performed in Accordance With Government Auditing Standards. (OMB A-133 § 505 (b))
Re ort on Com liance with Requirements Applicable to Each Major Program and Internal Control over
Compliance in Accordance with OMB Circular A-133. (OMB A-133 § 505 (c))
Schedule of Findings and Questioned Costs (OMB A-133 §. SOSd), including: Summary Schedule of Prior Audit
Fmdi reporting the status of all findings included in the prior audit's schedule of findings and questioned
costs. (OMB A-133 Sec. 315 (a) and (b))
Corrective Action Plan including (OMB A-133 Sec. 315 (c)) name of person responsible for the corrective
action, corrective action planned, anticipated completion date, and explanation and reason if auditee
does not agree with findings or believes correction is not required.
All reports are signed and dated by the auditor
Two copies of the audit reports are submitted
Two copies of the management letter, if issued in conjunction with the audit report. Two copies of
comments by management concerning all findings and recommendations included in
management letter, including a corrective action plan.
Cf(DO Funds -Exhibits
CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
Audit Certification Form
Subrecipient: Jarrant County Housing Partnership, Inc. •
p Fiscal Year Ending: —9 130_Il3
Month Day Year
We have exceeded the federal expenditure p ture threshold of$500,000. We will have our Single Audit or
Program Specific Audit completed and will submit the audit report within nine
ft
audited fiscal year.
p (9) months after the end o f the
We did not exceed the $500,000 federal x
e penditure threshold required for a Single Audit or a Pro ram
Specific Audit to be performed this fiscal ear. (Fill out g y schedule below)
Must he filled out if Single Audit or Program Audit is not required:
Federal Expenditure Disclosure
Federal Funds
Pass Through Program Name& Contract
Federal Grantor Grantor CFDA Number Number Ex enditures
Total Federal Expenditures for this Fiscal Year $
Donna VanNess President
Printed Title(Must be CFO,CEO or equivalent)
817-924-5091 5110113
thor' re(M t be C ,CEO or equivalent} Phone Number Bate
Failure to submit this or a similar statement or failure to submit a completed p ted 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 Housing and Economic Development Department
Fiscal year
p p within 60 days after the end of your
CHDO Funds -Exhibits
Exhibit E-1
INVOICE
CHDO: Tarrant County Housing Partnership, Inc
Project Site Address: 1246 E. Jefferson Ave., Fort Worth, TX 76104
Period of Service:
Program Amount
This Invoice Cumulative to Date--m
CHDO Certification: I certify that the costs incurred are valid and
consistent with the terms and conditions of the contract between City and
CHDO By signing this invoice, I certify that to the best of my knowledge
and belief the data included in this report, Exhibit G, and in all backup
documentation is true and accurate. It is acknowledged that the provision
of false information could leave the certifying official subject to the
penalties of federal, state, and local law.
Signature and Date:
Name:
Title:
i
Exhibit E-2
DETAILED STATEMENT OF COSTS
CHDO: Tarrant County Rousing Partnership. Inc. Project Site Address: 1246 E. Jefferson Ave.. Fort Worth. TX 76104
LINE NO. CHECK NO. EXPENSE DESCRIPTION BUDGET LINE ITEM PAYEE AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
(Itemize each expense and attach invoices, receipts, cancelled checks, and other backup documentation to (From Exhibit C)
verify that the costs are directly attributable to the Project and that the costs have actually been paid by
CHDO.)
TOTAL
CHDO 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
11,
I
,
11
1111
EXHIBIT "F"
STANDARD OF BACKUP DOCUMENTATION
FLIRT WORTH,
Standard of Documentation for Reimbursement of Development Costs
Cost Type
Acquisition of Vacant Lots Documentation Standard
• Notice to Seller (date must be on or before the date of options agreement
or sales contract and signed by the buyer and seller)
• Recorded Deed of Trust
• Purchase Agreement w/ Required HUD language
• Master Settlement Statement
• Appraisal or other document used to determine purchase price
• Proof of Payment (bank statement/cancelled check)
Soft Costs (Architect, Engineer, • Invoice
Landscaping, Surveys, Appraisals, - Invoice should include:
Environmental, Legal Fees, Other date;
Consultants, Etc.) company's letterhead;
address for which service is provided;
description of service(s) and item(s);
amount for itemized services; and
total amount
• Proof of Payment (ie. bank statement or cancelled check)
• If applicable, fully executed contract/service agreements and applicable
amendments
- Provide printout from www.sa verifying
contractor/subcontractor is not listed on the debarred and
suspension list
• If only a portion is being paid with City funds, then show calculation and
CHDO Operating/Project Delivery
documentation of how costs are allocated.
• Invoice
Expenses - Invoice should include:
date;
company's letterhead;
address for which service is provided;
description of service(s) and item(s);
amount for itemized services; and
total amount
• Proof of Payment (i.e. bank statement or cancelled check)
• Timesheet(s) Signed by Employee and Supervisor
• Activity Log(s) Signed by Employee and Supervisor
• Pay Period Dates Should be Reflected
• If paying for rent or contract services, copy of executed agreements
• If only a portion is being paid with City funds, then show calculation and
documentation of how costs are allocated.
Housing and Economic Development
FINAL as of 4/24/2013
Page 1
FORTWORTH,
wool
Standard of Documentation for Reimbursement of Development Costs
Construction Costs (Contractors & Invoice
Subcontractors) - Invoice should include:
date;
company's letterhead;
address for which service is provided;
description of service(s) and item(s);
amount for itemized services; and
total amount
• Proof of Payment (i.e. bank statement or cancelled check)
• Timesheet(s)Signed by Employee and Supervisor
- Activity Sheet(s) Signed by Employee and Supervisor
- Pay Period Dates Should be Reflected
• Copy of applicable inspection report(s) conducted by HED Inspector
• Copy of executed agreements
- Provide printout from wwwsa verifying
contractor/subcontractor is not listed on the debarred and
suspension list
• If only a portion is being paid with City funds, then show calculation and
documentation of how costs are allocated.
• For retainage for the prime contractor, lien waivers for the prime and all
subcontractors.
Materials Purchased by Developer • Invoice
- Invoice should include:
date;
company's letterhead;
address where materials will be used;
description of service(s) and item(s);
cost by quantity; and
total amount
• Proof of Payment (i.e. bank statement or cancelled check)
Developer Fee • Final Invoice Reflecting Total Development Cost
• Proof of payment for any other entity contributing to development costs.
• Show calculation of agreed upon developer fee percentage
• Copies of final lien releases from contractor/subcontractor
• Complete Documentation required in contract for home/unit produced
(i.e. income dots for eligible homebuyer, sales contract between
developer/homebuyer, HAP Deed of Trust w/required affordability period
language, etc)
Housing and Economic Development
FINAL as of 4/24/Z013 Pale 2
of4
Generakl. becisio �r TX 13002-5 1, t?#l 0f 3` Tai
25
Supersedes General 006isiorr Number:,
� I2 2S
state; Texas
Construction 'hype: Residential-.
Y Counties,t, Johnson R Parker d Tar, rant-Cbunt ies
_ ixt. 'Texan.
Residential; PrOlOrtS consistinq of single fame JLy h o
apartments up, t* and includin q' st oriel 4 �aeat and
.
Modification der publication Dater
0 01/0 4/2013
* SUTX1990.020' 04/01/139th
Rates Fringe*
C RPMER (excluding drywall
han'ginrl- any# forte setti.nq) . . . . ... 99 315
CEMENT SORf CoNCRZTZ
FTNiSHER 4 Excludinq form
DRYWALL HANGER/.• . • . ■ ■ • • • ■ • ■ • • ■ • •$ 9•OD
Forts Setter. . . . .. . . . . . . . . . . . . . . . .$ 9.194
HVAC MECHANIC (including
duct, excludinq pipe work) • • • • • • •$ a.337
Laborers court•. . . . . . . . . . • . . . . • . 7.25
Paintersx
Bruh. . . . . . . . . . . . . . . . . . . . . . .$ 8085
Spray. . . . . .. . - . . . . . . . . . . . . . . 10.00
PLUMBER (Including RVAC ORORK) . . . .$ 10.687
;GOFER, Including 3u.i l t v p,
--omposition .end Single ply
Sheet "!et3l Jorker (wxcludinq
rIVAC-duct work) . . . . . . . . . . . . . . . . . . 14- 103
1ILE SETTER. . . . . . . . . . . . . . . . . . . . . .S 11. 50
ipUCK DRIVER. . . . . . . . . . . . . . . . . . . . .3 7.25
'iELCERS - Rece171 rite pr°scr1^e(# f,-)r �r3rt :erf�r�:ri
'perition r,,) •nt --h je:
-- _--_ _ - ��tt�:l�u�ww.w��l.,�uv►w��uL`�a::�1iI�i��avi�t,bsu�ru'C�C�S.��rh`ty---[]_. _
Page 2 of 4
WELDERS -- Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) f .
______-_-___-_______________-_-_-__-_--____ _ ------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered b the e
determination. The classifications are listed Y wage
order of "identifiers" that i in alphabetical
indicate whether the particular
rate is union or non--union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198--005 07/01/2011. The first
four letters , PLUM, indicate the international union and the
four-digit number, 0198, that follows indicates the local union
number or district council number where applicable , i.e.,
Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination.date, 07/01/2011, follow-Ing these characters
is the
effective date of the most current negotiated rate/collective
bargaining agreement which would be July 1, 2011 in the above
example.
Anion prevailing wage rates will be updated to reflect an
changes in the collective bargaining agreements governing
rates. g ng the
0400/9999: weighted union wage rates will be published annually
each -January.
Non--'Jnion Ident i Lers
=lass i f icat ions is ted under in "SU" identifier were derived
From survey Aata by comput irg average rates and are not union
rites; however, the data used in cOmPut ing these rates may
Include both union and non--union data. Example: JULA2004_00 7
511.312.010. SU indicates the rates are not union majority ates
F.A Lndicates the State of Louisiana. 2004 13 1-he Par r�Y
��zr•�ey: n�� �0 ? 3 �n Lr,`_err..� . ::Whet 1.3P� Y f the
�n pr-Auc inq •�N
s
tIttp:i.�www.wdo1.go vi wdoU-scatiles/davts bacorv'f X25.dvb?v 0
4/1i)/0
Page 3 of 4
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted, g
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
an existing published wage determination
} a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
Wage for summaries of surveys, should be with the Wa and ur
Regional Office for the area in which the Hour
e survey y was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 24210
2. ) If the answer to the question in 1 . ) is yes, then an
.interested party (those affected by the action) can request
review and reconsideration From the Wage and Hour Administrator
(See 29 CFR Part 1.S and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
204 Constitution Avenue, N.W.
Nashington, De 20210
The request should be accompanied by a Et-11.1 statement o f the
z-r1f e rAs t ed party's posit,on ind by jr:y i r►t Erma t i �n (,�at3e
G3'fR'P.nr �ata, project le-Script Lan, area p i{=t i s Mdteri,--i i,
the requestor {-nngt iPrs rpe*j,�nt *a the is9�le.
3. } I f the Aecision of the Acjministrat-or 19 not favor3ble In
Lriterested party may appeal directly -_o .."'he Administrative
.review Bard (formerly the Wage Appeals Board) . Write to:
Admir,istrar the Review Heard
"J. 'J~'partmpnt
91,210 .1
. � •t� ]r �r 1r :fin 1`i f?n'jP "� Y,
Fags 4 of 4
4.) A11 decisions by the Administrative Review Board are final.
mom.
END OF GENERAL DECISION
hctp:i;wNvw.wdo1.go wdoLicatiles/ av]sbacon/'F {..25.Livb 0
1/19/2013
EYHIBIT 64H-2"
CONTRACTOR INFORMATION FORM
City of Fort'North
Community Development Block Grant CDBO
Construction Projects
CONTRA OR INFORMATION
Date:
Project:
Contractor:
Address:
City.
Telephone: Fax:
Federal 1.D.
Dicers of the Corporation:
President:
Vice President:
Secretary:
`Treasurer:
If sole ownership or partnership, list owner (s):
I certify at the time of execution, hereof, neither my company p y nor my corporate officers {if
incorporated) are listed In the list of Debarred, Suspended,p , end [neliDble Contractors maintained
by the U.S Department of Housing and Urban Devc10 ment
p (HUD).
Signature:
EYHIBIT "H-3"
SUBCONTRACTOR IYFORMATION FORM
City of Fort Worth
Community Development Block Grant(CDBG)
Construction Projects
SUBCQ.N���OR WFORMATIOti
Date:
Proj"Mt:
Subcontractor:
Address•
City:
Telephone: Fax:
Federal I.D. #:
Officers of the Corporation:
President:
Vice President:
Secretary:
"Treasurer:
f f sole ownership or partnership, list own s
p owner(s):
f }
I certify at the time Of exec-cation, hereof, neither
my company nor my corporate o ulcers 0 f
incorporated) are listed in the list of Debarred Suspended, and Ineligible Contractors maintained
by the U.S Department of Housing and Urban an Development(HUD).
Signature:
EYHIBIT 66H-4"
LABOR RELATIONS GUIDE
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INTRODUCTION
This Guide has been prepared for you •
that are as a contractor performing work on construe ' .
e assisted by the Department of Housing ion projects
g and Urban Development and subject t '
Bacon prevailing wage requirements. 1 o Davis-
. q . This Guide does not address contra
involved in direct Federal contracting contractor requirements
g where HUD or another Federal agency g cy enters into a
procurement contract. In this latter case, the Federal Acquisition Regulations •
g s AFAR} are apple_
cable. While the guidance contained in this Guide is generally applicable to
covered project, specific questions PP any Davis-Bacon
Q pertaining to direct Federal contracts s
to the Contracting Officer who signed should be addressed
fined the contract for the Federal agency.
g y.
Our objective here is to provide you with •
• y th a guide which is simple and non-bureaucratic
comprehensive and which will help you bait ureaucratic yet
standards. y better understand and comply with Davis-
ndards HUD's Office of labor Relations Y Bacon labor
tons worked closely with the Department
Wage and Hour Division to make sure P ant of Labor's
that the labor standards provisions i
the specifics of complying ith them P n your contract and
g represent the latest information. It is
Labor which has general administra ' the Department of
Live oversight of all Federal contracting '
HUD, which administer the day-to-day responsibilities agencies, such as
Y y responsibilities of enforcing Davis-Baco
construction contracts they either fund or assist • n provisions in
fist in funding.
There are three chapters in this Guide.
The first chapter offers a brief description
and regulations associated with Federal of the laws
labor standards administration and
discusses both what's in your contract that requireS Davis- enforcement and
Bacon compliance P e and your respon-
sibilities. The second chapter deals with labor standards and payroll reporting •
The third chapter discusses what can Y P ng requirements.
happen in the event there is a dispute Pte about the wage
rates that should be for have been) paid and any back wages that may y be due.
Finally, not all HUD construction ro'ec
p is are covered by Davis-Bacon wage r
pose of this Guide, we are assuming that g aces. For the pur-
pose 9 t a determination has already been ma
con wage rates are applicable. Should de that Davis
-
Bacon you wish assistance in determining
Bacon wage rates apply to a articular whether Davis-
Bacon project or if you need other related technical
please consult with the HUD Labor Relations ical assistance,
ations Field staff for your area. if you don't
staff to contact, a list of Labor Relations f Y on t know which
field offices and their geographic area
sand telephone
numbers can be found on HUD's Home
Page at the address below.
Visit the office of Labor Relations on-line:
L7 V2- •h y cell.Qlr
Obtain additional copies of this Guide and other publications at our website or
from HUD's Customer Service Center at (800)767-7468. y
i
IN No
TABLE OF CONTENTS
INTRODUCTION........................................................... ■
CHAPTER 1 LAWS, REGULATIONS9 CONTRACTS
AND RESPONSIBILITIES........................................
1-1 DAVIS-BACON AND OTHER LABOR LAWS■
a. The Davis-Bacon Act (DBA) .............................
b. The Contract Work Hours and Safety Standards Act (CWHSSA)■■■.........■,■■•■■■•• 1.1
c. The Copeland Act (Anti-Kickback Act)................................................................1-2
d. The Fair Labor Standards Act
1-2 DAVIS-BACON REGUL.ATIONS....................... ... 1-2
1-3 CONSTRUCTION CONTRACT PROVISIONS
1-4 RESPONSIBILITY OF THE PRINCIPAL, CONTRACTOR......................................1-3
1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR................................. 1-4
CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS
AND PAYROLL REPORTING REQUIREMENTS ......
SECTION - I THE BASICS
2-1 THE WAGE DECISION ..
............ 2.1
...... ...........
a. Thew ..............................■...........
work classifications and wage rates............. .........
b. Posting the wage decision ... ..... .........•�. .........
.......................
..... 2_2
2-2 ADDITIONAL "TRADE" CLASSIFICATIONS AND ... .....�........
WAGE RATES..... .2.2
a Additional classification■ cation rules .
b. Making the request ......... .. ..... .... .
....... ................. ............... .... 2-3
c. HUD review........... ....... ...... ... ..... .........
..................................... ...... ...... ...... ..2-3
d. DOL decision................ ... .. ................... ....•.......
................................. ... ......2-3
2-3 CERTIFIED PAYROLL REPORTS......... ... .........�................... ......
a. Payroll formats ................... ................................
... ................................ .2-4
........... ... ...
b.
Payroll certifications ................. .. ..... ...................
c. "No work" payrolls .......................... ...................................................
d. Payroll review and submission................ ..............................
e. Payroll retention ...........................................................2-5
....................................................... .2-5
f. Payroll inspection ................................ ........................................
2-4 DAMS-BACON DEFINITIONS .. ............................................................2-5
ONS
.................................................
..........
...
........
.........
.2-5 a. Laborer or mechanic ..........................................................................................2-5 b. Employee ...................................................................................... .... .....2-6 c. Apprentices and trainees....................................................................................2-5 d. Prevailing wages or wage rates .........................................................................2_T e. Fringe benefits.
f. Overtime ..................................................................................... ............ ....... .2-7
9 Deductions .
h Proper designation of trade 2-8
9
Site of Work. 2-8
2-8
iii
SECTION - II REPORTING REQUIREMENT
2-5 COMPLETING A PAYROLL REPORT.............................
a. Project and contractorlsubcontractor information.....................
b. Employee information...........................................................
c. Work classification....................................................................
d. Hours worked.......................................................................
e. Rate of pay.................................................................. ..............
f. Gross wages earned.........................................................
g. Deductions .....................................................................
h. Net pay...............................................................................................................2-11
'
i. Statement of compliance.............. ......
J. Signature....................................................................................
SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 COMPLIANCE REVIEWS.................................................
a. On-site interviews......................................................................
Project payroll reviews ................................................ ...........
TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS
'a• Inadequate payroll information
b Missing ..
ng identification numbers
.... .......
C. Incomplete payrolls ................. ...... ............ ... .......................
............ 2-13
d. Classifications ........................ ....
................................................. ............. ... .2-13
e. Wage Rates..................... ....... ..,
.............
f.
Apprentices and trainees ...
g. Overtime...................... ... .......
................................................ ... ..2-13
h. Computations..... ... ....... .......... ... ....
... ....... ........ ..
i. Deductions .. .. ... ...... ......... ..
.... ................................. 2-1 3
...................... ... ...
. ..... ...............
�. Fringe benefits.............. ... ... ......
k. Signature............................ ......... .... ..............
.2-14
I. On-site interview comparisons ..... ...... ... .: .... .................... ............
.2-14
....... ...
m. Correction certified payrol l....................................... ..... ....
2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES. ................... ...................
a. Notification................... ................................
............................................................ .Z-14
b. Computing wage restitution............................. ..........................
c. Correction certified payrolls............................................... .
2-15
d. Review of correction CPR ..................................... .................. .............
e. Unfound work . ...........................................2-15
workers ................................................................................................2-15
1v
CHAPTER 3 LABOR STANDARDS DISPUTES9 ADMINISTRATIVE
REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW
ACCOUNTS, AND SANCTIONS............■............................. -
3-1 INTRODUCTION............................................................
3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES.....................3-1
a. Additional classifications and wage rates............................
b. Findings of underpayment.............................................
3-3 WITHHOLDING .....................................3-2
.■■■.•■■■■.■•.■•.■■..■■..■.■.■.■■■■■..■■.■■■■■.■■■■■•■.■■■•■■■■.■■■■■.•■■..•..■■••■■•■•.■.■•..••••■....3_2
3-4 DEPOSITS AND ESCROWS .........................................
3-5 ADMINISTRATIVE SANCTIONS ....................................
a. DOL debarment............. ...
b. HUD sanctions .................................................................
3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORT
APPENDICIES
ACRONYMS AND SYMBOLS...................................................
DAVIS-BACON - RELATED WEB SITES* ................. .............
HUD 4720, Project Wage Rate Sheet....................................................................... .A-3
WH-347, Payroll Form/Statement of Compliance...............................................................
v
IN 0
CHAPTER 1 LAWS, REGULATIONS, CONTRACTS
AND RESPONSIBILITIES
The following paragraphs describe what the labor standards laws and regulations actually say
and what they mean to you on HUD projects:
1-1 DAVIS-BACON AND
M9&LA.Q0R LAWJ
a. The gAvis-OMOMAct WAAL The Davis-Bacon Act requires the payment of prevailing
wage rates (which are determined by the U.S. Department of Labor) to all laborers and
mechanics on Federal government and District of Columbia construction projects in
excess of$2,000. Construction includes alteration and/or repair, including painting and
decorating, of public buildings or public works.
F ost HUD construction work is not covered by the DBA itself since HUD seldom contracts. ^
ectly for construction services. Most often, if Davis-Bacon wage rates apply to a HUD
project it is because of a labor provision contained in one of HUD's "Related Acts" such
as the U. S. Housing Act of 1937, the National Housing Act, the Housing and Community
Development Act of 1974, the National Affordable Housing Act of 1990, and the Native
American Housing Assistance and Self-Determination Act of 1996. The Related Acts are
often referred to as the Davis-Bacon and Related Acts or DBRa.
b• T.h!a &g.01ract Work H Standard Act /!; SSO► CWHSSA
requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek)
worked on the covered project. The CWHSSA applies to both direct Federal
contracts and to indirect Federally-assisted contracts except where the assistance
is solely in the nature of a loan guarantee or insurance. CWHSSA violations
carry a liquidated damages penalty ($10/day per violation). Intentional violations
of CWHSSA standards can be considered for Federal criminal prosecution.
CWHSSA does not apply to prime contracts of$100,000 or less. In addition, some HUD
projects are not covered by CWHSSA because some HUD programs only provide loan
guarantees or insurance. CWHSSA also does not apply to construction or rehabilitation
contracts that are not subject to Federal prevailing wage rates (e.g., Davis-Bacon wage
rates, or HUD-determined rates for operation of public housing and Indian block grant-
assisted housing). However, even though CWHSSA overtime pay is not required, Fair
Labor Standards Act (ELBA) overtime pay is probably still applicable. (See also Labor
Relations Letter SL-95-01, CWHSSA Coverage threshold for overtime and health and
safety provision, available on-line at the HUD Labor Relations Library at: www.hud.gov/
offices/olNlibrary.cfm)
1 -1
c' IhQ QQDe1jMd Act JAn The
- Copeland Act makes it a Federal crime
for anyone to require any laborer or mechanic an�c employed on a Federal or Federally.-
assisted project) to kickback (i.e., give up or pay back} any part of their wages.es.
The C opeland Act requires eve ry employer (contractors and subcontractors) to submit weekly certified payroll re ports (CPRs) and regulates
permissible a r
p y oll deductions.
d. The EaIr L"or §.tj13dffAs A-qt(MAL The FLSA contains Federal minimum w
rates, overtime (01D, age
and child labor requirements. These
requirements generally apply
to any labor performed. The DoL has the •
authority to administer and enforce FLSA.
HUD will refer to the DAL an y p ossible FLS A violations that are found on HUD ro'
p sects.
1-2 O&1LM9.QN REGULAI_
The Department of Labor DAL published t } has p blished rules and instructions '
Davis--Bacon and other lab Mons concerning
or laws in the code of Federal Regulations r' (CFR). These
regulations can be found
n Tiffs Z9 CFR Parts 1, 3, S, S and T. Pa '
the DoL establishes and u � 1 explains how
publishes DBA wage determinations (aka w •provides instru age decisions} and
coons on how to use the determinations. Pa •
requirements f Part � describes Copeland Act
q or payroll deductions and the submission of w •
weekly certified payroll reports.
Bart 5 covers
the labor standards provisions that are in •
your contract relating to Davrs-
Bacon Act wage rates and the responsibilities .
. p s of contractors and contracting agencies
administer and enforce the provisions. Pa g g !o
Part � provides for administrative roceedin
enforcing Federal labor standards on construction gs
coon and service contracts. Last, Part 7
sets parameters for practice before the Administrative
atrve Review Board. These re ulations
enforcing the laws
are used as the bases for administering and enforei g
.
F httOL Regulations are available on-line on the World Wide Web:p://www.doI-gov/doI/aIlcfrfT'itle-29.htm
1-3 9-QNaI8UCT1Ob&QNJRAQUROV1SlON2
Each contract subject to Davis-Bacon labor
standards requirements must contain labor
standards clauses and a Davis-Bacon wage decision.g crsron. These documents are normally
o the contract specifications. y
bound into
a. The labor standards clauses. T'he labor standards clauses describe the res onsibilitie
of the contractor concerning Davis-Bacon wages s
ges and obligate the contractor to com 1
arils clauses also provide for
with the labor requirements. The labor stand remedies p in y
the event of violations, including withholding ng #rom payments due to the contractor t
liquidated damages to
ensure the payment of wages or li
q ges which may be found due. These
contract clauses enable the contract administrator
to enforce the Federal labor standards
applicable to the project. HUD has standard forms that contain contract clauses. For
example, the HUD- 554, Supplements Conditions Supplementary o s to the contract for Construction,
which is issued primarily for FHA multifamily housing and other construction protects
1 -2
administered by HUD; the HUD-4010, Federal Labor Standards -
ds Provis'
ions, which is used
for CDBG and HOME projects, and the HUD-5370 Genera ' .
. I Conditions of the contract for
Construction or the H U D-5370-EZ (construction contracts •
$1 o0,D00] which are used for
Public and Indian Housing projects.
ro"'n7HUED program labor standards form •
s are available on-line at;
www.hud-gov/offices/adm/hudclips/index.cfm
b. Davis-Bacon Wage Decisions. The Davis-Bacon wage d •
. g decision (or wage determination)
is a listing of various construction work classifications such as Carpenter, Electrician,
Plumber and Laborer, and the minimum wage rates (and frin ge benefits,ts,where prevailing)
that people performing work in those classifications must be '
paid.
Davis-Bacon wage decisions are established b the DGL for '
y various types of construction
(e.g., residential, heavy, highway) and apply to specific geographic areas, usually a
county or group of counties. Wage decisions are modified from time '
to time to keep them
current. In most cases, when the contract is awarded or when construction strut#ton begins, the
wage decision is "locked-in" and no future modifications area lit
project involved.
applicable to the contract or
All current Davis-Bacon wage decisions can be accessed line o - ' -
n at no cost at.
http:llwww.wdol.gov
1-4 R9aE.QNS1QIL1JY.QF JHE PRINQP.AL Q.QNTRACIQ
. g
The principal contractor(a Iso referred to as the or rime
� general contractor)•�s responsible
for the full compliance of all employers (the contractor, subcontractors and any lower-tier
subcontractors) with the labor standards rovisions applicable
P ta the project. Because
of the contractual relationship between a rime contractor
p and his/her subcontractors,
subcontractors generally should communicate with the contract administrator only through
the prime contractor. (See Contract Administrator, below.
To make this Guide easier to understand, the term " rim
p e contractor* will mean the
principal contractor; "subcontractor' Nill mean all subcontractors including lower-tier
subcontractors; and the term 'employer`' will mean all contractors as a group, including
the prime contractor and any subcontractors and lower-tier subcontractors.
1 -3
1-5
RESEMSIBILITYOF THE QQNTEMTAQM1tJ1STMJ0R1
The contract administrator is responsible for the ro
p peradministration and enforcement
of the Federal labor standards provisions on contracts covered by Davis-Bacon
requirements. We use this term to represent the erso
p n for persons) who will provide
labor standards advice and support to you and other '
Y project principals (e.g., the owner,
sponsor, architect), including providing the proper Davis--Bacon wage decision
ge dec�s�on
(see 2-1, The Wage Decision} and ensuring that the wage '
in 9 ge dec�s�on and contract clauses
are incorporated into the contractforconstruction.The contract admini
stratoralso monitors
labor standards compliance (see 2-6, Compliance Reviews)eviews) by conducting interviews
with construction workers at the job site and reviewing
g p yroll reports, and oversees any
enforcement actions that may be required.
The contract administrator could be an employee or a en
agent of HUD, or of a city or county or
public housing agency. For HUD projects administered directly usually FHA-
insured multifamily projects, the contract administrator will be •
the HUD Labor Relations
field staff. But many HUD-assisted projects are administered •
1 stared by local contracting agencies
such as Public Housing Agencies (PHAs), Indian tribes and tribally-designated housing
entities (TDHEs), and States, cities and counties under HUD's D s Dommunity Development
Block Grant (CDBG) and HOME programs. In these cases, the contract administrator
will likely be local agency staff. In either case the uidan •
the same.
g ce for you remains essentially
The DOL also has a role in monitorin g Davis-Bacon administration and enforcement. In
addition, DOL has independent authority to conduct investigations. •
• , tY t�gat�ons. A DAL investigator
or other DAL representative may visit Davis-Bacon- g
Y �s Bacon construction sites to interview
construction workers or review payroll information.
CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS
AND PAYROLL REPORTING REQUIREMENTS
WHERE TO START? Now that you know you're on a Davis-Bacon project and you know
some of the legal and practical implications, what's next?
SECTION I - THE BASICS
2-1 JHE.W.A.QK DECISION.
Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters,
Electricians, Plumbers, Roofers, Laborers, and other construction work classifications
that may be needed for the project. The Davis-Bacon wage decision that applies to the
project contains a schedule of work classifications and wage rates that must be followed.
If you don't have it already (and by now you should), you'll want to get a copy of the
applicable Davis-Bacon wage decision.
Remember, the wage decision is contained in the contract specifications along with the
labor standards clauses. See 1-3, Construction Contract Provisions.
a. The work classifications and yyage rt!gs, A Davis-Bacon wage decision is simply a
listing of different work classifications and the minimum wage rates that must be paid
to anyone performing work in those classifications. You'll want to make sure that the
work classifications) you need are contained in the wage decision and make certain
you know exactly what wage rate(s) you will need to pay. Some wage decisions
cover several counties and/or types of construction work (for example, residential
and commercial work) and can be lengthy and difficult to read. Contact the contract
administrator (HUD Labor Relations field staff or local agency staff if you have
any trouble reading the wage decision or finding the work classifications) you need.
F To make reading lengthy wage decisions easier for you, the contract administrator may
prepare a Project Wage Rate Sheet(HUD-4720). This Sheet is a one-page transcript that
will show only the classifications and wage rates for a particular project. A blank copy of
a Project Wage Rate Sheet is provided for you in the appendix. Also, a fellable version of
this form is available on-line at HUDCIips (see web address in the Appendix). Contact the
contract administrator monitoring your project for assistance with a Project Wage Rate
Sheet.
ffammaLM
b. If you are the rime contractor, '
. p , you will be responsible for
posting a copy of the wage decision (or the Project Wage Rate Sheet)) and a copy of the
DOL Davis-Bacon poster titled Employee Rights under the Davis-Bacon scan Act Form WH-
1321) at the job site in a place that is easily accessible to all of the construction nstruction workers
employed at the project and where the wage decision and poster won't
. p be destroyed by
wind or rain, etc. The Employee Rights under the Davis-Bacon Act poster '
. - p ter �s available in
English and Spanish on-line at HUDDIips {see address in the Appendix).
pp dux}.
Fto all e Employee Rights under the Davis-Bacon con Act poster(M-1321) replaces the Notice
Employees. The new poster is available in English and Spanish on-line 9 p e at H U DC lips
(see address in the Appendix).
2-2 AUUMONAL "1MADF2:&1xMS1F1CAUQNS ANO WAQLflAIEQ
What if the work classification you need isn't on the wage decision?. g if the work
classification(s) t tha you need doesn't appear on the wage decision •
. . 9 , you will need to
request an additional classification and wage rate. This process is usually very '
y ry simple
and you'll want to start the request right away. Basically, you identify '
yf y fy the classification
you need and recommend a wage rate for DOL to approve for the ro'ect. There p 1 ere are a
few rules about additional classifications; you'll find these rules in the DAL regulations,
Part 5, and in the labor clauses in your contract. The rules are summarized
zed for you here.
a• Addiffg.naL.Sdassiftation .rul Additional classifications'
and wage rates can be
approved if:
1. The requested classification is used by construction contractors i
n the area of the
project. (The area is usually defined as the coun ty where the project is l
ocated).
2. The work that will be performed by the requested classification is not already
performed by another classification that is already he decision.y on wage g n. ( other
words, if there already is an Electrician classification and wage rate on
. . 9 the wage
decision you can't request another Electrician classification and rate.
3. The proposed wage rate for the requested classification "fits" with t the other wage
rates already on the wage decision. (For example, the ro wage rate proposed for
a 9
trade classification such as Electrician must be at least as much as the lowest
wage rate for other trade classifications already contained in the wage decision.)
soon.)
And
4. The workers that will be employed in the added classification if it i
{ s known who the
workers aretwill be}, or the workers' representatives, must agree with
g the proposed
wage rate.
2-2
b• Makinathereauest A request for additional classification and wage rate must be made
in writing through the contract administrator. If the con •
� tract administrator is a local
agency, the agency will send the request to the HUD Labor Relations
staff.) If you are a
subcontractor, your request should also go through the rime
d , g p contractor. All you need to
o is identify the work classification that is missing and recommend
9 a wage rate usually
the rate that employer is already paying to the employees performing the work) for that
classification. You may also need to describe the work that
at the new classification will
perform.HUD E2M The HUD Labor Relations field staff will review the requested uested cl '
and wage rate to q classification
g determine whether the request meets the DOL rules outlined in paragraph
2-2(a), above. If additional information or clarification is needed, the staff will contact the
prime contractor(or contract administrator for local agency projects)g y p sects) for more information,
etc. If the Labor Relations review finds that the request meets the e rules, the staff will give
preliminary approval on the request and refer it to the DOL for
final approval. The staff
will send to you a copy of the preliminary a rovallreferral letter tier to the DAL.
If the HUD Labor Relations staff doesn't think the request meets ets the rules and if agreement
cant be reached on the proper classification or wage rate for th
HUD L g e work described, the
Labor Relations staff will not approve the request. In this case,se, the staff will send
your request to the DOL with an explanation why HUD believes that the request shouldn t
be approved. The DOL still has final decision authority. You ou will receive a copy of the
disapprovaVreferral letter to the DOL.
d. 00"2c! ' The DOL will respond to HUD Labor '
Relations in writing about the
additional classification and wage rate request. HUD Labor
q Relations will notify you of
the DOL decision in writing. If the DOL approves the request,P q st, the prime contractor must
post the approval notice on the job site with the wage decision.
If the DOL does not approve the request, you will be notified
y about what classification and
wage rate should be used for the work in question. You will also receive
e instructions about
how to ask for DOL reconsideration if ou still want to try ry to get your recommendation
approved.
It's always a good idea to talk to the contract administrator • •
before submitting an additional
classification and wage rate request. The contract administrator
trator can offer suggestions
and advice that may save you time and increase the likelihood that DOL will approve your
request. Usually, the contract administrator can give ou an idea about
finally d y ut what the DAL will
decide.
2-3
2-3 9ERTIFIED-MIMLL
You'll need to submit a weekly certified payroll report (CPR) be
� ] innin g 9 with the first week
that your company works on the project and for eve week afterward until
, �`Y your firm has
completed its work. It's always a good idea to number the payroll reports be
# p Y p ginning with
1 and to clearly mark your last payroll for the project "Final."
a• The easiest form to use is DOL's WH-347, Payroll. A sample co of
the WH-347 is in p PY
eluded in the back of this Guide. You may access a fillable version of
the WH-347 on-line at HUDClips (see web address in the Appendix). Also
, the contract
administrator can provide a few copies of the WH-347 that ou can reproduce.
Y p ce.
You are not required to use Payroll form WH-3
y 47. You are welcome to use any oDthat
of payroll, such as computerized formats, as long as it contains all of the in
. 9 form
is required on the WH-347.
b• The weekly payrolls are caned certified because each payroll
is signed and contains language certifying that the information is true and
correct. The
payroll certification language is on the reverse side of the WH-347. If ou are e using
another type of payroll format you may attach the certification from the back of the llvH-
347, or any other format which contains the same certification the WH language on w
347
(reverse).
F OUs website has Payroll Instructions and the Pa roll form WH-347 in a " "rmat at this address:
Y finable PDF
www.dol.gov/whd/forms/Wh347.pdf
c• is No Wgrk".12ayrQUA. "No work" payrolls may be submitted whenever there is a
temporary break in your work on the project, for example, if your firm is not needed on
the project right now but you will be returning to the job in a couple of week
1 p s. See tip
box, for "no work" payroll exemption!) However, if you know that your firm will not be
working on the project for an extended period of time, ma wish to send ou
Y y e d a short
note to the contract administrator to let them know about the break in work and
to give
an approximate date when your firm will return to the project. If ou number
Y payrolls
consecutively or if you send a note, you do not need to send "no work" pY
a rolls.
r'
If you number your payroll reports consecutively, you do not need to submit "no work'
payrolls!
:AP
bm�t
Y
d. PavrgjUevie and.2ijbMisli The prime contractorshouId review each subcontr '
payroll reports for compliance tractor's
p prior to submitting the reports to the contract administrator.
Remember, the prime contractor is responsible •
p the full compliance of all subcontractors
on the contract and will be held accountable for an wage '
due to an Y ge rest�tut�on that may be found
y laborer or mechanic that is underpaid and for '
rP any liquidated damages that
may be assessed for overtime violations. All of the a •
payroll reports for any protect must be
submitted to the contract administrator through the
9 prime contractor.
An alert primp contractor that reviews subcontractor payroll submissions can d
s earl r detect any
misunderstandings y, prevent costly underpayments and protect itself from fin
loss should underpayments occ financial
occur.
e• Every contractor(including eve subcontract
set of their every subcontractor)must keep a complete
own payrolls and other basic records such as employee a
SSltts time card addresses and full
s, tax records, evidence of fringe benefit payments, f
protect for at least 3 P Y or a Davis-Bacon
! years after the project is completed. The rime co
a complete set of all P contractor must keep
P of the payrolls for every contractor (including sub le contractors} for at
least 3 years after completion of the project.
f• r In addition to submittin
g payrolls to the contract administrator, eve
contractor (including subcontractors must make �
� their own cop of the payrolls
other basic records available for P Y and
r review or copying to any authorized representative from
HUD or from DOL.
2-4 QAVM-.JJAC_ON QUINLMN.4,
Before we discuss how to complete the weekly payroll
• y p y oil forms, we need to review a cou ie
of definitions. These defn�tlons can hel P
P Y ou under stand what will be required of you:
a. LabgreE or mechanig, "Laborers" and "mechanics" mean anyone who is performing
construction work on the project, including rade journeymen 9 carpenters, plumbers, sheet
metal workers, etc. , apprentices, and trainees and for cVVHSSA purposes, watchmen
and guards. "Laborers" and "mechanics" are the two
groups of workers that must be paid
not less than Davis-Bacon wage rates.
foreman. Foremen or supervisors that regularly s
2o°° of% their time 9 y end P more than
performing construction work and do not meet th
2 below are a exclusions
�n paragraph
e covered "laborers" and "mechanics" for labor
e standards
purposes for the time spent nt performing construction work.
2. People whose duties are rim
p ariiy administrative, executive or
clerical are not laborers or mechanics. Examples 5 p include superintendents, office
staff, timekeepers, messengers, etc. (Contact the
contract administrator if you
have any questions about whether a particular employee p oyee is excluded.)
2-5
b• Every person who erforms the u
P work of a laborer or mechanic +s em to ed a
regardless of any contractual relationship y
p which may be alleged to exist between a
contractor or subcontractor and such person. This mean •
s that even +f there +s a contract
between a contractor and a worker, the contras •
contractor must make sure that the worker +s
paid at least as much as the wage rate on the wage decision -
ge des+s+on for the classification of work
they Perform. Dote that there are no exceptions prevailing
. p to the preva+ling wage requirements for
relatives or for self-employed laborers and mechanics.
+cs.
F r more information about wo '+king subcontractors, ask. the contract admini ur HUD Labor Relations administrator or
Field staff for a copy of Labor Relations Le
Labor standards cum Letter LR-9�-off,
compliance requirements for self-employed laborer •
Labor Relations Le sand mechanics.
Letters and other helpful Labor Relations publications
HUD's Labor Relations s are ava+fable a#
ns web site (see the list of web site addresses in the Append+'
x).
c• The only workers who can be aid l
the wage decision P less than the wage rate on
g s+on for their work classification are"a apprentices"an •
approved a Pp d trainees registered +n
Pp apprenticeship or training programs. Approved ro rams a
registered with p 9 re those which have
been re
9 th the DOL or a DOL-recognized State Apprenticeship
rentices an council (SAC).
Apprentices d trainees are paid wage rates in accordance wi
the a pp ed rov th the wage schedule in
program.
Most often, the apprentice/trainee wage rate is expressed as a series of percentages tied
to the amount of time spent in the program. _ g
• � P 9 For example, o � months. �5°/�, 6 months
� year. 7D/v, etc. The percentage is applied to the journeymano •PP s wage rate. 4n Davis-
Bacon projects, the percentage must be applied t
pp o the journeyman's wage rate on the
applicable wage decision for that craft.
1. PrQb"0i3mar)orenJ"r,!a.Ali probationary apprentice"can be aid as an apprentice
pprent+ce
(less than the rate on the
wage decision) if the DOL or SAC has certified that the
person is eligible for probationary employment as an apprentice.
pp t+ce.
2• Pro-aimprealigg. A "pre-apprentice", that is someone who is not registered in a
program and who hasn't been DOL-or SAD-Certified for robs
is not considered probationary apprenticeship
dered to be an "apprentice" and must be aid the P full journeyman s rate
on the wage decision for the classification of work the per-form.
they .
I Ratl*"f apigrgntices jMd trai P nees to ioum2mme The maximum number of
apprentices or trainees that you can use on the job site a rentices cannot exceed the ratio of
pp or trainees to journeymen allowed in the approved r
pp program.
i
d. FjevAWnu)&s1C129L0r yvace ratel, Prevailing wage rates are the wage rates listed on the
wage decision for the project. The wage decision will list a minimum
bask hourly rate
of pay for each work classification. Some wage decisions include '
9 ude fringe benefits which
are usually listed as an hourly fringe rate. if the wage decision includes es a fringe benefit
rate for a classification, you will need to add the fringe benefit rate
. g #o the bask hourly rate
unless you provide bona fide fringe benefits for ees.our employees.
Y P Y
1. f!1ece:wgrh, Some employees are hired on a piece-work p bans, that is, the
employees earnings are determined by a factor of work produced. For example,a D rywall Hanger's earnings
may be calculated based upon the square guars feet of
sh
ee#rock actually hung, a Painter's earnings may u Y be based on p the number
of units painted. Employers may calculate weekly earnings�ngs based upon
piece rates provided the weekly earnings are sufficient to satisfy the wage
rate requirement based upon actual hours, includin overtime,g any me, worked.
Accurate time records must be maintained for an piece-work--
P work employees.
If the weekly piece rate earnings are not sufficient,
the employer must
recompute weekly earnings based upon the actual hours worked
and
the rate on the wage decision for the work classification
[s] involved.
e• Fringe benefits can include health insurance '
premiums, retirement
contributions, life insurance, vacation and other aid leave as well as
P some contributions
to training funds. Fringe benefits do not include m employer a
payments ents or contributions
required by other Federal, State or local laws, such as the employer's s contri
bution to Social Sec urity or some disability insurance
payments.
F te that the tots# hourl wa a rate aid Y 9 p to any laborer or mechanic(bask wa a or bask age plus fringe benefits may 9
g y be no less than the total wage rate (basic wa a or• 9 bask
wage plus fringe benefits) on the wage decision for their craft. if
the value of the fringe
benefit(s) you provide is less than the fringe benefit rate on th e wage decision,on, you will
need to add the balance of the wage decision fringe benefit rate to '
9 the bask rate paid to
the k employee. For example, if the wage decision re uires q $10/hour bas rate plus $51
hour fringe benefits, you must pay no less than that total 151h
[$ our) in the bask rate or
basic rate plus whatever fringe benefit you may provide. You c
Y P an meet this obligation
in several ways: you could pay the base wage and fringe benefits as stated ted in the wage
decision, or you could pay $15 in base wage with no fringe benefits,#s, or you could pay $12
bask plus $3 fringe benefits. You can also off-set the amount of
the base wage if you pay
more in fringe benefits such as by paying or $9 basic lus $6 fringe •
P ge benef ts, as long as
you meet the total amount. The amount of the base wage that you may
b 9 y y off-set with fringe
benefits is limited by certain IRS and FLSA requirements.
f. Overtime hours are defined as all hours worked
on the contract in excess of
40 hours in any work week. Overtime hours must be aid at no less ess than one and one-
half times the regular rate of basic pay plus the straight-time rat
henefits
9 e of any required fringe
2-7
g• You may make payroll deductions as ermitted b •
p y DAL Regulations 29 Cl=R
Part 3.
These regulations prohibit the employer from requiring employees to "kick-back"
(i.e., give up) any of their earnings. Allowable deductions which do not require prior DoL
permission include employee obligations for income
taxes, Social Security payments,
insurance premiums, retirement, savings accounts, and an
deduction au y other legally-permissible
authorized by the employee. Deductions may also
judgments � Y o be made for payments on
and other financial obligations legal! imposed Y p against the employee.
fR.eferdng, again, #o our exam - decision .
g example above where the wage decision requiring.ge obligation ($10 g a 15 #o#at
g bask wage plus $5 fringe benefits) w •
9 } as met by paying $9 base
ge plus$S fringe benefits: Note that overtime rates
must be based on one and one-half
times the basic rate as stated on the wage decision,
9 In the above example, the employer
must pay for overtime--, $15/hr �$9 basic + 6 fri $10, Y. $ fringe) plus $5 done-half of the wa decision basic rate) for a total of$2o er hour. wage
p
h. Lgl3atlgn
You must select a work classification on thew 'age decision
foreach workerbased onthe a
ctual type of work he/she performed and you must a
worker no less than the wage rate Y pay each
g on the wage decision for that classification re ardle
of their level of skill. In other words if so g ss
someone is performing carpentry work on the
project, they must be paid no less than the wage rate o .
g n the wage decision for Carpenters
even if they aren't considered by you to be full trained d as a Carpenter. Remember, the
only people who can be paid less than the rate for their craft are apprentices and trainees
registered in approved programs.
Ulit-glassiftati If you have employees that perform work in
a work w more than
one trade during week, you can pay the wage rates specified for
classification in which work p each
was performed only if you maintain accurate time
records showing the amount of time spent in each classification on of work. If you do
not maintain accurate time records, ou must a
Y pay these employees the highest
wage rate of all of the classifications of work p erformed.
i- 112 The "site of work" is where the
Davis-bacon wage rates app! . LJsuall
this means the boundaries of the project. � Y y'
A � Site of work can also include other adjacent
or virtually adjacent property used b contra �
Y a contractor or subcontractor �n the construction of
the project, like a fabrication site that is dedicated
exclusively, or nearly so, to the protect.
SECTION Il - REPORTING REQUIREMENTS
2-5 QQMELETING A PAYRQLL REP
What information has to be reported on the a roll
p y farm? The weekly payroll form doesn t
ask for any information that you don't already need to keep for wage payment and tax
purposes. For example, you need to know each em to - •
classification (who p yee s name, his or her work
is working for you and what do they do?), the hours worked during the
week, his or her rate of pay, the gross amount earned dhow much did they earn?), the
amounts of any deductions for taxes, etc., and the net amount paid dhow much should
the paycheck be made out for?). No more information than you need to know •�n order to
manage your work crew and make certain they are paid properly. And, certainly, no more infarmatio n than you need to keep for IRS, Social Securi ty and o ther tax and employment p u rposes.
( For many contractors the VII � •
Weekly Certified Payroll is the only Davis-Bacon
you need to submit! Y - paperwork
You are required to submit certified a rolls to illustrate P Y strafe and document that you have
complied with the prevailing wage requirements. The ur o
p p seofthecontractadministrator s
review of your payrolls is to verify your compliance.p Clearer and complete payroll reports
ill permit the contract administrator to complete
p to reviews of your payroll reports quickly.
Y
a, Pr I
Each payroll must identify the
contractor or subcontractor's name and address the ro'
f P sect name and number, and the
week ending date. Indicate the week dates in the spaces
is optional P provided. Numbering payrolls
p but strongly recommended.
b. i0k[malh2n,
Effective January 18, 2009, payrolls shall not report employee
addresses or full Social Security Numbers (SSNs). Instead, the first payroll on which employee appears shall in clude the employees name and
an individually identifying usually the last 4 digits of the employee's
SSN. Afterward, the identifying
does not need to be fy g number
reported unless it is necessary to distinguish between
h g employees,
e.g., �f two employees
ave the same name.
Employers (prime contractors and subcontractors) must maintain the current address
and full SSN for each employee and must rovide this s Information upon request to the
contracting agency or other authorized representative r
r P responsible for federal labor
standards ds compliance monitoring. Prime contractors may require a subcontractor's) to
provide this information for the prime contractor's records. DoL has modified form WN-
347, Payroll, to accommodate these reporting requirements.
P g q ements.
c- Each employee must be classified s fled in accordance with the wage
Y y perform.
decision based on the type of work the actual) erf �
.
2-9
i
• The first payroll on which an apprentice y pp entice or trainee
appears must be accompanied by a copy of that apprentice's or trainee's registration
g ton
in a registered or approved program. A copy of the portions of the registered or
approved program pertaining to the wage rates and ratios shall also accompany
ny
the first payroll on which the first apprentice or trainee appears.
2. Uit l asift „cans. For an employee that worked in a split classification,assification, make
a separate entry for each classification of work performed distributing he hour
work s of
k to each classification, accordingly, and reflecting the rate of a
. 9 pay and gross
earnings for each classification. Deductions and net pa may be based u
tot Y Y upon the
al gross amount earned for all classifications.
d• The payroll should show ONLY the regular and overtime
. g ert�me hours worked
on this project. Show both the daily and total weekly ours for each
Y employee. if an
employee performs work at job sites other than the project for which the
1 payroll is prepared,
those
It job" hours should not be reported on the payroll. In then
• p Y e cases, you should
list the employees name, classification, hours for this project only, h
p 1 y, # e rate of pay and
gross earnings for this project, and the gross earned for all ro'ects. Deductions p 1 tons and net
pay may be based upon the employee's total earnings (for all p roj ects) for
the week.
e• Show the basic hourly rate of pay for each employee for this project. If
the wage decision includes a fringe benefit and you do not participate Y p p to in approved fringe
benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the
overtime rate if overtime hours were worked.
1. PI -w rk For any piece-work employees,to the
p Y employer must
compute an effective hourly rate for each employee each week based
ased
upon the employee's piece-work earnings for that week. To
compute
the effective hourly rate, divide the piece-work earnings s
by the total
number of hours worked, including consideration for any overtime hours.
The effective hourly rate must be reflected on the certified a roil
p y and this hourly
rate may be no less than the wage rate (including frin a benefits if 9 any) on the
wage decision for the classification of work performed. It does not matter
that the
effective hourly rate changes from week-to-week, only hat the
y rate is no less than
the rate on the wage decision for the classification of work erform
p ed.
Remember, the overtime rate is computed at one and one-half times the basic rate of pay
plus any fringe benefits. For example, if the wage decision requires q $ glhour basic plus
$51hour fringe benefits, the overtime rate would be: $1 g x 1 /2
� ) + $5 = $20lhour.
f Show the gross amount of wages earned ed for work performed an
this project. Note- For employees with work hours and earnings on
g other projects, you
rray show gross wages for this project over gross earnings all projects (for
example,X425 40/$754 85) and base deductions and net pay on
the `all s.ro ects' earnings.
p � g
?_10
g. Deductions. Show the amounts of any deductions from the gross earnings. "Other'
deductions should be identified (for example, Savings Account or Loan Repayment). Any
voluntary deduction (that is, not required by law or by an order of a proper authority)
must be authorized in writing by the employee or provided for in a collective bargaining
(union) agreement. A short note signed by the employee is all that is needed and should
accompany the first payroll on which the other deduction appears.
Only one employee authorization is needed for recurring (e.g., weekly) other deductions.
Written employee authorization is not required for income tax and Social Security
deductions.
h. Net �av_. Show the net amount of wages paid.
i. S =M DU The Statement of Compliance is the certification. It is
located on the reverse side of a standard payroll form (WH-347). Be sure to complete
the identifying information at the top, particularly if you are attaching the Statement of
Compliance to an alternate payroll form such as a computer payroll. Also, you must
check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a)
indicates that you are paying required fringe benefits to approved plans or programs;
and 4(b) indicates that you are paying any required fringe benefit amounts directly to
the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are
paying a portion of the required fringe benefit to programs and the balance directly to the
employee, explain those differences in box 4(c).
Only one Statement of Compliance is required for each employer's weekly payroll no
matter how many pages are needed to report the employee data.
j. Signature. Make sure the payroll is signed with an original signature in ink. The payroll
must be signed by a principal of the firm (owner or officer such as the president, treasurer
or payroll administrator) or by an authorized agent (a person authorized by a principal
in writing to sign the payroll reports). Signature authorization (for persons other than a
principal) should be submitted with the first payroll signed by such an agent. Signatures
in pencil; signature stamps; xerox, pdf and other facsimiles are not acceptable.
2-11
SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 f%0M[!LIAbJCEJREVlEW2,
The contract administrator or other inspector may visit the project site and interview
some of the workers concerning their employment on the project. The DOL may also
independently conduct its own reviews(see 1-5). In addition, the contract administrator will
periodically review payrolls and related submissions, comparing the interview information
to the payrolls, to ensure that the labor standards requirements have been met. You will
be notified by the contract administrator if these reviews find any discrepancies or errors.
. P
You will be given instructions about what steps must be taken to correct any problems.
a- - ' Every employer (contractor, subcontractor, etc.) must make their
employees available for interview at the job site with the contract administrator or other
agency representative, or HUD or DOL representative. The interviews are confidential
and the employee will be asked about the kind of work they perform and their rate of
pay. Every effort will be made to ensure that these interviews cause as little disruption
as possible to the on-going work. The interviewer will record the interview information,
usually on a form HUD-11, Record of Employee Interview, and forward the interviews to
the contract administrator.
b. The contract administrator will compare the information on---the interview forms to the corresponding payrolls to ensure that the workers are ra erl
!� P Y
listed on the payrolls for the days and hours worked on the job site, work classification
and rate of pay. The contract administrator will also review the payroll submissions to
make certain that the payrolls are complete and signed; that employees are p aid no less
than the wage rate for the work classification shown; apprentice and trainee certifications
are submitted (where needed); employee or other authorizations for other deductions are
submitted (where needed); etc.
2-7 IYPAgAL E&ROLL EIRROR*SAND REQUIJJFaJ2 CQRJJEQJ1ON1%
The following paragraphs describe common payroll errors and the corrective steps you
must take.
a. I If an alternate payroll format used by an em (such to er P Y
as some computer payrolls) is inadequate, e.g., does not contain all of the necessary
information that would be on the optional form WH-347, the employer will be asked to
resubmit the payrolls on an acceptable form.
b. Mis,11na If the first payroll on which an pp
employee a ears does
not contain the employee's individually identifying number, the employer will be asked
to supply the missing information. This information can be reported on the next P Y a roll
submitted by the employer if the employer is still working on the project. Otherwise, the
employer will be asked to submit a correction certified payroll
C. if the information on the payroll is not complete, for example, if
work classifications or rates of pay are missing, the employer will be asked to send a
correction certified payroll.
d• if the payrolls show work classifications that do not appear on the
pp wage
decision, the employer will be asked to reclassify the employees in accordance with the
wage decision or the employer may request an additional classification and wage rate
g(see 2-2}. if reclassification results in underpayment (i.e., the rate wage a reported on the
p
payroll is less than the rate required for the new classification), the employer will be asked
.
to pay wage restitution to all affected reclassified employees. see 2-8 for instructions
about wage restitution.)
e. if the wage rates on the payroll are less than the wage rates on the wage
. . 9 g
decision for the work classifications reported, the employer will be asked to pay wage
restitution to all affected employees.
f. A . if a copy of the employee's registration or the approved
program ratio and wage schedule are not submitted with the first payroll on which an
apprentice or trainee appears, the employer will be asked to submit a copy of each
apprentice's or trainee's registration and/or the approved program ratio and wage
. p g g
schedule. if the ratio of apprentices or trainees to journeymen on the payroll is greater
than the ratio in the approved program, the employer will be asked to p ay wage a restitution
9
to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered
in an approved program must receive the journeyman's wage rate for the classification of
work they performed.
g. Qyertm if the employees did not receive at least time and one-half for any overtime
hours worked on the project, the following will occur:
I. if the project is subject to CWHSSA overtime requirements, the employer will be
ask
asked to pay wage restitution for all overtime hours worked on the !ro•ect. The
p
employer may also be liable to the United States for liquidated damages computed
g p
at $10 per day per violation. or,
2. if the project is not subject to CWHSSA, the employer will be notified of the P ossible
FLSA overtime violations. Also, the contract administrator may refer the matter to
the UoL for further review.
h• 99MIDutatWi3a. if the payroll computations(hours worked times rate of pay)or extensions
(deductions, net pay) show frequent errors, the employer will be asked to take 9 reater
care. Wage restitution may be required if underpayments resulted from the errors.
i• Deductig if there are any "Other" deductions that are not identified or if employee
authorization isn't provided, or if there is any unusual (very hi h, or lar a number g g )
deduction activity, the employer will be asked to identify the deductions, ee rovide employee
p p Y
authorization or explain unusual deductions, as necessary.
2-13
HUD does not enforce or attern t to � •
p provide advice on employer obligations to make
deduc#ions from employee earnings for #axes or Social Securi , How
. ty ever, HUD may
refer to the IRS or other responsible agency copies of certified a roll re
. p y ports that show
wages paid in gross amounts (i.e., without tax deduction) for i#s review and a ro
ac#ion,
pp pnate
i- If the wage decision contains frin a benefi#s but th
g e payroll does not
indicate how fringe benefi#s were paid (neither 4(a) nor 4 b is marked on th
t } e Statement
of Compliance], the employer may be asked #o submit correction certifi
ed payrolls and
will be required to pay wage restitution if underpayments occurred. Howev •
er, �f the basic
hourly rates for the employees are at least as much as the to#al wa a ra
g to on the wage
decision (basic hourly rate plus the fringe benefit rate , no correction is ne
cessa ry.
k. If the payroll Statemen#of compliance is notsi ned or is mis
g sing,the employer
will be asked #o submit a signed Statement of Compliance for each a roll aff
. p y acted. If the
Statement of Compliance is signed by a person who is not a rinci le of th
p p e firm and that
person has not been authorized by principle to sign, the emplo erwill be asked to r
a n Y p ov�de
authorization or #o resubmit the S#atemen#(s) of Com liance bearin the si n
p g g ature of
a principle or other authorized signatory.
- If the comparison of on-site interviews to the payrolls
indicates any discrepancies (for example, the emplo ee does no# a ear o
Y pp n the payroll
for the date of the interview), the employer will be asked to submit a corr '
payroll report.
ect�on cert�fed
Any and all changes to data on a submitted a roll
m' re ort
P Y p
must be reported on a certified correction payroll. In no case will a a roll r
p y eport be
returned to the prime contractor or employer for revision.
�-8
Where underpayments of wages have occurred, the em to er will be re
. p Y qu�red to pay
wage restitution to the affected employees. Wage restitution must be aid rom tI in th
P P PY e
full amounts due, less permissible and authorized deductions. All wa e
g s paid to laborers
and mechanics for work performed on the project, includin wa a restitu
9 9 ton, must be
reported on a certified payroll report.
a. to the Employer/Prime contractor. The contract administrator wi
II notify the
employer and/or prime contractor in writing of any under a ments that are fo
P Y and during
payroll or other reviews. The contract administrator will describe the under a
p yments and
provide instructions forcomputing and documenting the restitution to be aid. The
rim p employer)
p e contractor is allowed 3o days to correct the underpayments. Note that the rim
p e
contractor�s responsible to the contract administrator for ensurin that restitution i's i
9 pad i f
the employer is a subcontractor, the subcontractor will usual/ make the com u
rPst� Y p tat,ons and
tution payments and furnish the required documentation throw h the rime contra
9 P c to r.
F e contract administrator may communicate direct with a subcontracto� r when the
derpayments are plainly evident and the subcontractor is coo erative, ! i p t s best
work through the prime contractor when the issues are complex, when there
are
significant underpayments and/or the subcontractor is not cooperative. In all cases,
s,
the subcontractor must ensure that the prime contractor receives a co py of the required
'
red
corrective documentation.
_J
b• Wage restitution is simply the difference between
. Y the wage
rate paid to each affected employee and the wage rate required on the wage decision
for all hours worked where underpayments occurred. The difference in the wage rates
is called the adjustment rate. The adjustment rate times the number of hours involved
Ived
equals the gross amount of restitution due. You may also compute wage restitution b
p g Y
calculating the total amount of Davis-Bacon wages earned and subtracting he
g total
amount of wages paid. The difference Is the amount of back wages due.
The employer will be required to report the restitution
c. p n
paid on a correction certified payroll. The correction payroll will reflect the period of i
f p time
or which restitution is due (for example, Payrolls #1 through #B; or a beginning date an
• g g d
ending date). The correction payroll will list each employee to whom restitution is due and
their work classification; the total number of work hours involved (daily hours are u. usually
not applicable for wage restitution); the adjustment wage rate the difference between
the required wage rate and the wage rate paid); the gross amount of restitution due,
deductions and the net amount actually paid. A proper/ signed Statement of Compliance
Y 9 p ance
must accompany the correction payroll.
HUD no longer requires the signature of the employee on the correction to a roll '
p y evidence
employee receipt of restitution payment. In addition, except in the most extraordinary
drnary
cases, HUD no longer requires employers to submit copies of restitution checks certifi
� ed,
cashiers, canceled or other), or employee-signed receipts or waivers.
d• CPR. The contract administrator will review the correction
certified
payroll to ensure that full restitution was paid. The prime contractor shall be notified d n
writing of any discrepancies and will be required to make additional a ments if
p y needed,
documented on a correction certified payroll within 30 days.
e. Umfgund xQrh Sometimes, wage restitution cannot be paid to an affected employee
because, for example, the employee has moved and can't be located. After wage
restitution has been paid to all of the workers who could be located the employer
must
submit a list of any workers who could not be found and paid (i.e., unfound workers)
providing their names. Social Security Numbers, last known addresses and the gross
.amount clue In such cases, at the end of the project the prime contractor will be required
�'-15
to place in a deposit or escrow account an amount equal to the total gross
. � g s amount of
restitution that could not be paid because the employees could not be located
. � The
contract administrator will continue attempts to locate the unfound workers for
3 years
after the completion of the project. After 3 years, an amount remaining in
Y g the account for
unfound workers will be credited and/or forwarded b the contract administrator Y t afar to HUD.
CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE
REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW
ACCOUNTS, AND SANCTIONS
WHAT HAPPENS WHEN THINGS GO yygoN
3-1 INTRODUCTION
Even in the best of circumstances, things can go wrong. In a Davis-Bacon context,
"things going wrong" usually means there's a difference of opinion or a dispute about
whether and to what extent underpayments have occurred. These disputes are usually
between the contract administrator and one or more employers (the prime contractor and/
or a subcontractor). The dispute may involve something simple such as an additional
classification request that is pending before the DOL; or something as significant as
investigative findings following a complaint of underpayment. This chapter discusses
some of what you may expect and what you can do to make your views known and to
lessen any delays in resolving the problem or issue.
3-2 ADMINIST ATIVE REVIEW ON ABOR STANDARDS DISPUTES
As mentioned in the Introduction above, a dispute about labor standards and compliance
can arise for a number of reasons. The labor standards clauses in your contract and DOL
regulations provide for administrative review of issues where there is a difference of views
between the contract administrator and any employer. The most common circumstances
include:
a. AddUMaLsdauffigatigna and 3&gae rateq Additional classification and wage rate
requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial
can request reconsideration by the DOL Wage and Hour Administrator. The employer
may continue to pay the wage rate, as requested, until a final decision is rendered on
the matter. When the final decision is known, the employer will be required to pay any
additional wages that may be necessary to satisfy the wage rate that is established.
1. Reconsideration The DOL normally identifies the reasons for denial in its
response to the request. Any interested person (for example, the contract
administrator, employer, representatives of the employees) may request
reconsideration of the decision on the additional classification request. The
request for reconsideration must be made in writing and must thoroughly
address the denial reasons identified by the DOL Employer requests for
reconsideration should be made through the contract administrator but may
be made directly to the DOL. (See 2-2(d), and also DOL Regulations 29 CFR
1.8.) All requests initiated by or made through the contract administrator or HUD
must be submitted through the HUD Headquarters Office of Labor Relations.
3-t
2. Any interested party may request a review of the Administrator's
decision on reconsideration by the DOL's Administrative Review
Board. DoL regulations 29 cFR Part 7 explain the procedures for such '
(See also 29 CFR 1.9.)
p reviews.
b• compliance reviews and other follow-up up enforcement
actions may result in findings of underpayment. The rime goal in p r]I g every case and at
every step in this process is to reach agreements about who may have been underpaid
an � Y paid
d how much wage restitution may be due and, of course, to promptly dery
to p P Y � er restitution
any underpaid workers. The contract administrator will usual/ work informal/ with
to re Y Y you
reach such agreements. You will have an opportunity to provide additional information
to p matron
the contract administrator that may explain apparent inconsistencies and/or
resolve the
discrepancies.
If informal exchanges do not result in agreement, the final determination and schedule
of back wages due will be presented to you in writing nd will be
u
g you permitted 30 days
in which to correct the underpayment(s) or to request a hearing he
g on matter before the
DOL. The request for hearing must be made in writing through the contrac t administrator
and must explain what findings are in dispute and the reasons. In such
cases, HUD is
required to submit a report to DoL for review and further consideration. All
requests for
DoL hearing must be submitted through the HUD Headquarters office of
q Labor Relations.
I• D The DoL will review the contract administrator's report and the
arguments against the findings presented in the hearing request. The DoL may
affirm or mode the findings y
modify g based upon the materials presented. You will be notified
in writing by the DoL of the results of its review. If DoL concludes the '
# violations
have occurred, you will be given an opportune to correct an under
opportunity y payments or
to request a hearing before a DoL Administrative Law Judge 9 e (See DoL
Regulations 29 DFR 5.11 (b)and 29 DFR Part 5, Rules of Practice forAdmi
n istrative
Proceedings.)
2. Admialstrafive RglieWjk Contractors and/or subcontractors may request a
review by the Administrative Review Board of the decisions rendered b the
decision(s) y DoL
ALJ in the administrative hearing process. See DoL regulations 29 CFR
9 Part 7for
more information about this proceeding.
3-3 YY1jEjHQLQ1_NG.
The contract administrator shall cause withholding rom a due
9 payments ments to the prime
contractor to ensure the payment of wages which are believed to be due and unpaid,
rd,
for example, if wage underpayments or other violations are not corrected
within 30 days
after written notification to the prime contractor. DoL may also direct h
Y the withholding
of contract payments for alleged wage underpayments. Withholding is considered to
be serious and is not taken unless warranted. If withholding s deemed n
will b notified 9 necessary, you
e otified in writing. Only the amounts needed to meet the contractor's an
� dlor
subcontractors) liability shall be withheld
:3-2
3-4 Q9PQ2JTS.AND OCR=%
In every case, we attempt to complete compliance actions •
p ons and resolve any disputes
before the project is completed and final payments are m •
P Y ode. Sometimes, corrective
actions or disputes continue after completion and rovisions
p must be made to ensure
that funds are available to pay any wage restitution that is ultimately found due. In these
cases, we allow projects to proceed to final closing and final payments provided the prime
contractor deposits an amount equal to the potential liability for •
. ty r wage restitution and
liquidated damages, if necessary, in a special account. The
deposit or escrow account is
controlled by the contract administrator. When a final decision is rendered, the contract
administrator makes disbursements from the account in ac •
accordance with the decision.
Deposit/escrow accounts are established for one or more f
o the following reasons:
Remember,the rime co r
p esponsible and will be held fable for an wage restitution
that is due to an works y 9
y r employed in the construction of the project, including orkers
employed by subcontractors and g
any lower-tier subcontractors. See 1-4, Responsibility
of the Principal Contra p �
p Contractor, and 2-8, Restitution for Underpayment of Wages.
_ d
a. Where the parties have agreed to amounts of wage restitution g strtutron that are due but the
employer hasn't furnished evidence yet that all of the underpaid workers have received
their back wages, e.g., some of the workers have moved and could not be located. The
amount of the deposit is equal to the total gross amount of restitution due to workers lacking
payment evidence. As these workers are paid and ra er documentation p p is provided
to the contract administrator, amounts correspond to the
P g documented payments are
returned to the depositor.Amounts for any workers who cannot be located are held in the
deposit/escrow account for three years and disposed as described cribed in 2-8(f) of this guide.
b. Where underpayments are suspected or alleged and nd an investigation has not yet
been completed. The deposit is equal to the amount of wage restitution and any i
liquidated
damages, if applicable, that are estimated to be due. If the final determination of wages
due is less than the amount estimated and laced in the escrow scrow account, the escrow will
be reduced to the final amount and the difference will be returned to the depositor.
If the parties agree to the investigative s findin the
9 amounts due to the workers will be
paid by the employer. As these workers are paid and ra er documentation p p is provided to
the contract administrator, the gross amounts corresponding p g t o the documented payments
are returned to the depositor.
1. if the employer is unable to make the a ments to th
p Y e workers, e.g., lacks the
funds necessary, the contract administrator may make
y disbursements directly to
the workers in the net amounts calculated by employer.the p yer. The amounts withheld
from the workers for tax deduction will be returned to the employer p Dyer as payments to
.vorkers are made. The employer shall be responsible for reporting
and transmitting
.vithhnldin
gs to the Appropriate -igencies
3-:3
2. If the employer is not cooperating in the resolution the contra '
. contract administrator shalt
make disbursements to the workers in accordance with the schedule of wages
due. Amounts for unfound workers will be retained as described
above See 2-8(f)
and 3-4(a)).
If the parties do not agree and an administrative hearing is requested,
. g q ested, the escrow will be
maintained as explained in 3-4(c), below.
F member,ifyou have anyquestions or need assista nceconcern�'ng laborstandards
quirements help is always available. Contact the contract administrator for the
project you're working on or the HUD Field Labor Relations staff in
your area.
c. Where the parties are waiting for the outcome of an administrative t ve hearing that has
been or will be requested contesting a final determination of wages due. The deposit
shall be equal to the amount of wage restitution and liquidated damages,mages, if applicable,
that have been determined due. once a final decision is rendered, disbursements from
the escrow account are made in accordance with the decision.
3-5 AQMINJSTEMJVUAN.QT1
Contractors and/or subcontractors that violate the labor standards '
prov�srons may face
administrative sanctions imposed by HUD and/or DOL.
a• Q.QL dgbarmeni. Contractors and/or subcontractors that are found by the Secretary
of Labor to be in aggravated or willful violation of the labor standards
ids prov�sions of the
Davis--Bacon and Related Acts (DBRA) will be ineligible (debarred) '9 to participate in any
DBRA or Davis-Bacon Act contracts for up to 3 ears. Debarment includes dudes the contractor
or subcontractor and any firm, corporation, partnership ssociate
p or on in which the
contractor or subcontractor has a substantial interest. Debarment rocs
p ed ings can be
recommended by the contract administrator or can be initiated by the DOL. Debarment
proceedings are described in DOL regulations 29 CFR 5.12.
b. HUP.2gnog HUD sanctions may include Limited Denials of
Participation (LDPs),
debarments and suspensions.
1 . Limited-Denial !2f Palligjl2at HUD may issue to the employer a limited denial
of participation (LDP) which prohibits the employer from further
participation in
HUD programs for a period up to one year. The LDP is usually effective for the
HUD program in which the violation occurred and for the geographic
the i , jurisdiction of
issuing HUD Office. HUD regulations concerning LDP s are found at 24
CFR
24.700-24.714.
f■
2- In certain circumstances H initiate HUD may�n�#gate i#s own
debarment or suspension proceedings against a contractor and/or ndlor subcontrac#or
in connection with improper actions regarding Davis-Bac on obligations. For
example, HUD may initiate debarment where a contractor has been '
n convic#ed for
making false statements (such as false statements on certified payrolls or other
prevailing wage certifications) or may initiate suspension where a
p contractor has
been indicted for making false statements. HUD regulations. g concerning debarment
and suspension are found at 24 CFR Fart 24.
3-6
EALSLEIC&UON QF COJIF[E[2 EMOLL REPORMVMM-
Contractors and/or subcontractors that are found to have willfully
Ily falsif ed payroll reports
(Statements of Compliance), including correction certified a r
p y oll reports, may be subject
to civil or criminal prosecution. Penalties may be imposed of
y osed p $1,00v and/or one year in
prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31
of the United States Code).
Remember,if you have an questions or need '
any assistance concerninglabors#andards
requirements help is always available. Contact the contract administrator m�n�strator for the
project you're working on or the HUD Field Labor Relations staff in your area.
:3-5
ACRONYMS AND SYMBOLS
Y
CDBG'-
Community n ity Development Block Grant
CFR - Dude of Federal e al Regulations
CPR' certified Payroll Re
Y port
C11vHSSA- Contract
Work Hours and Safety Standards Act
DBA Davis-Bacon
Act
DBRA- Davis-Bacon and Related Acts
R
DOLE De Department ment of Labor
FHA- Federal Housing Administration
F LSA- Fair Labor Standards Act
HUD - Housing and Urban Development (Department o
lHA- indlan, '
Housing Authonty
LCA- Local Contracting Agency
LDP- Limited Denial of '
Part�c ipation
OIT- Overtime
PHA- Public Housing Agency
enc g y
SIT- Straight-time
SAD - State Apprenticeship Coun
p cfVAgency
TDHE - Tribally-Designated Housing g Entity
§ - Section
Paragraph
DAVIS-BACON - RELATED WEB SITES*
HUD Office of Labor Relations:
www.hud-gov/offices/oir
HUD Regulations:
http://www.gpa.gov/fdsys/browse/collectionCfr.sction?collectionCode=CFR
HUDCIips (HUD Forms and Publications):
www.hud-gov/offices/adm/hudclips/index.cfm
DOL Davis-Bacon and Related Acts Homepage:
hftp://www.dol-govtwhd/contracts/dbra.htm
DOL Regulations:
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=C FR
Davis-Bacon Wage Decisions:
www.wdol.gov
DOL Forms:
www.doI-gov/whd/programs/dbra/forms-htm
*Web addresses active as of January 2012
A-2
U.S. Department of Housing
Project Wage Rate Sheet and Urban Development
Office of Labor Relations
Project Name: Wage Decision NumbeNModiflcatlon Number:
Project Number: Project County:
Work � - Basic Fringe Total, laborers
Classification: Hourly Hourly:, : Fein
Rate BHR Benefits-: g $
Wags Rates Beneflt&
Bricklayers $ Group# BHR` Total Wage
Carpenters $
a
Cement Masons $
Drywall Hangers $
Electricians $
Iron Workers a
$
Painters
Operators Fringe 89neftb:
Plumbers $ Group# 8HR Total Wage
Roofers $
Sheet Metal Workers $
Soft Floor Workers $
Tapers $
Tile Setters $ Truck Drivers Fringe Benefits:
Other Classfficatlons Group# BHR Total Wage
a
Additional Classifications (HUD Form 4230-A)
Work Basic Fringe Total Date of Date of
Classiftcatlon Hourly � Benefits Wage Rate HUD Submission DOL
Rate BHR g to DOL
Approval
3
S
3
A-3
U. . Deparimrn[ of Lia)or
w►.s�ir rnd 114,40 Cl in Sru i
PAYROLL
gar Csairsciars Opt*w ; Soo Instructions at wrws aot.00r 7 r.1my
rrk,cx�a are TOt : :: i ki ro:pon.d 40 ita. 04i.x00 of avori &F.. n tarter a a ;Jyy a cuaivaty void CAWS =WI nu ntwar
+\.•ait 44N1Fek.:.rviit CI Ls. io/LL,tvi AyTOR AUIREE4
FOR +r►AE.c ENCIt• G
PROJECT AND LOCATiOI4
I t) 1.2J x;G ,4) DAY M+i i DATE (i) th)
►ti.+.r► •t4, /A.ar LW' r : ,ta.,
$ ,� LA. r Sit C1.414
rI id v.. ie • a i hi.-ro i r"
61
ale
el %ARK
1C.AT.�; h
(7)
6 CRuSS - WIIH.
a TOTAL RATE AMOUNT HOLD/46
kiLlis. hi.jkl. E, EA,34 UA ;-A.:,,,h OF PA7 EARNED f►C.A TAIL
0
i
0
i
0
0
0
4
■
0
%Min
U.S. Wags and item Damao
Rev Doc 2008
OMB No . 1215.0 )4
Exp+res 12/31/2011
PROACT OR CONTRACT NO
W)
DEDuCTIO
MT
wAI ik
TOTAL PAID
OTF. R C+EDUCT)Or4i FOR WA Y
ow af?.. Oft M ► Wt.. 414 nub Auttiv 1L:i i 0.1tw • J tatt ecIts $ tr..ac anuac tin parkarrsi4 sum OA f wow* Llamas ilti urd i wit* t.QR1r1 t ocAtli 1a tail b) R*11116016141012 talladaise t ofila l.4 Mi 21 C. P R $ )3,S 54,ai The
Ci.ps:4iii Aa
•- U b $ it 63) ►0111'/41id�IY
$ •d ar/i.�+i..$.. 0■44iUiine at 41$ Fangs ak, o ShakW armiaingla cal$AbU 1i COt*4Ai rLi'Ursa rook a at Amnon* r4A tarptt! 10 es woos wadaitA forillnimo dismo ite pilt14i � wte V.S. D 014144 0014 al
► .. ! k+rnrw ►wawa .OM +res..rs o •llr`rt ..•rr* i CO,/ al poi tau to tM F ammo agency car trams fair or ik ews the ; at* wino prootct atcarriliiAM W a opal *SNomirr% it CacossAct ansuingsaasMIII pspt M 4116 UMW aM c t11al ANA Some
+*+r.t'►ir+r[ 0.0a man Psi Kal ■tM /Mr+ to prow Gsweatan persaag 1.1114$ rasp kr so wet sattimatil DCL ind Moral caliracW4 agmuse (0$onne ths slOmI llde Mato ea la Sbd 01000,11 hart irC$R4$ *mil 1allla*i vr1 4$d WNW /0 10.1
P1MC Il<tuaaioara ELaiaMrt
• � r .4. via a,wi$ Lirf ai. et ar o, J St 11 N c W1 j4$ $ a CiwK Lan, in‘ twiny ny bore *' 10w146 412 swathe* anoin, 4.ga 41u1:ts. 9611,610.0 and gardam asg 1* 40,114.0.141. w4 (.OV4r 4$0 ti'Y* 4$5 Vr i 41.Utan V0*gi4$0$t I V*. wisp •
.i .,ri ■ ,may . 441.y iArw ■44111.1*a w 411.1 ia1i 1 W U.a :+Ma.iar[+, 464.401eig i,ilt 6tut teamuni thm b.rOwt, third Own Pa Iris A.frlco4iiinr. Warms +K►0 Haw Doss" Dogradawsid d Lam. 'bunt 113141. COHIAMilasAriltli/, kW.
Z i ilJ: t 3
afar)
[b f WHERE FRINGE BENEFITS ARE PAID IN CASH
— Each laborer or maarnc hated in Me mows mistimed payroll has been paid,
Nam* of 5.10nai.ry Fatty, (Tale) as rid on me ;besot an amount not lees than the sum at M1a applAcabie
basic Mud, wage rats plus the alwo�rat of the raquired togs benefits as haled
nM.i�y rr`aca Mud,
tens contract, except as noted in section 4(c) below.
ti This i pay or surv►ae ton ;.r rrn.r.c ..f tns ,'iersons •rn .Noybr4 D y
.k.:-ontrr.:wr or 44ntrac*ar )
that rs,rrvg the parrot p nog ccmm encirg on It*
l Ei►i.l aiN or % h on..,
..by �7f
ar+Q ena.roy; ENO zatr of
+. ;..r,kns rrhnVruy cx+ 6•4 Wciect have oar► pa.J tns iW ++rriii* earned. bbit no rebates haw
t.ean be wick* serrsr 41.10 Wily Ira Or cn 10.11.411 d 16i+0
torn Ma
►: '+Ita.aar vtrc.i rwic:larl
�r.swu►rrwyeli sarr D y any Nis b,an rrNA that no olick,gbali. Ra'r,r &Oin made saner Od*rCtfy t]r l'iGrr* t1
ruin v+e 14 wo,21re earned DI any person ar1»r than perrrassrws Gaauotrons as ambled in Ricp,411110r1S. Part
3 c.e C F R frup ba A) rswai by Ina inrcretarr Of Labor 'anger tot Copeland Act. $$ arnena4d (48 StaL 9441
04 sWn I oA 72 Slat ih47 Te scat 3s7 at] V S C ; 31 +.5). and o*sCnbea bolo*/
tract[ any pairws rwm* ..n*+MK tn.. cone get rr►' .grab 10 G• avDmsurd for the it3W* period are
artio ceanpet• Mot wry* rats t+r,7r iii&orwrrs orretechans cottoned Moron are not lei than the
• + +s *egg r s* CCalliewt4 in any yoga deterrnostaon incorporated 1n0 Me contract that VW
MO forth vhsrrn *4 ■ a% ►ab:+rer or mac conies yam the *wit he p+orlcrrmed.
+ 7 NO any d‘.irr ant A�i trio abo.vepsnaC are dui), reg.atared in a bona kw
prc:+,rarn t .streso .1174 ■ yt/14 apprent.casno agency recognized b7 tale 844er4144 Of
�v..• ►� si►rt•csrsAp wr Tr.run g Undo° States [department of Labor or d no sigh recognized agency *ASS in
Siate are reg.starecl rr141 tn., &Area.. of A,Airenticestup an* Trawling. UMW States Department of Labor_
•, Thad
at AtnERE Frig ;,t nr rcr+T Artt 1PA40 TO APPROVED PLANS. FUNDS, OR PROGRAMS
- +r► ,. : �� to the t+as.G r1.a.i1 y war jar rats* pia to 4bacn laborer or mecnaraC kited In
the above selesormas4 imay,CM payments of font benefits as Sited in the cataract
Ravi wen a ail be mate Wappiconate programs tor the bruit of such
a R1040,014 S ..•64 as noted in fel on +i C) boo*,
tC) EXCEPTIONS
EXCEPTION (CRAFT) EXPLM1ATCN
RE.Mww r S
riAME 4.0 T a LE
S++ w,T % E
I ri Y3e'14L i�i r►'�L �..AT Il1rti Ati c)F r .E. r, ATEM1..ti1$ MAY J44 t CT It* CcoakACT (4
a.t�� :•1vTM •r ; r +fir TO CYv r: VF iK►P. NAL i r,:a:iEt UTkt* SEr SECTK* 10U1 uP TITLE 14 AND *CT KM 131 OF tall.
U.S. Department of Housing and Urban Development
Office of Departmental Operations and Coordination
Washington,DC 20410
Email: www.OfficeofLaborRelations @hud.gov
Labor Relations Desk Guide
LROI.DG
F 4Y'
t i
1
F � P MOP Tlj%I ry
EYHIBIT 61&H-5"
START OF CONSTRUCTION FOR1Vi
City of Fort North
Community Development Block Grant(CDBG)Construction Projects
START OF CONSTRUCTION
(Date)
Project Name:
Location:
Project Number:
U.S. Department of Labor Wage Decision:
This is to inform you that the,
(Name of Company)
of
3
(Address) a
(City/Town)
a , has started work on the above referenced ro'
[State) (Zip) p sect covered by our
contract with you, as of
(Date)
Respectfull y yours,
(Name of Company)
13y
(Signature)
t ri tie)
EYHIBIT 66H-6"
CONSTRUCTION COMPLETE FORM
r
�. Clty Of Fort worth
Community Development Block Grant CDB
( G) Funded
Construction Projects
CONSTRUCTION 9.0..MPLET]g
Date:
Project Marne:
Project Location:
Project Number.
U.S. Department of Labor Wage Decision:
This to inforn you that the:
(Name of Company)
of
(Address) C i t Drown
has terminated work on the above referenced project covered
(State} (Zip) p J
by our contract with you, as of
Respectfully yours,
(Name of Company)
f3y
(Signature)
EYHIBIT "H 4"
EEO STATEMENT
STATEMENT OF POLICY CAN
EQUAL EMPLOYMENT OPPORTUNITY
It will be the policy of this firm to not discriminate
e against any applicant for employment, or any
employee, because of race, creed, color, age, se .
• s g : x, or natural ongln. This firm will insure that this
Policy is continually enforced with regard to employment
promotion,upgrading,d •
recruitment, and recruitment erno ton,transfer,
advertising, lay off and termi.natio compensation, .
working conditions. we will make it n' Pensatlan, tra�n�ng, and
understood by all with whom we deal an
employment opportunity announcements that the fore d •�n all our
going is our policy. All a li
employees will be judged solely on the basis of � PP cants and
their skill,devotion loyalty,reliabili and int '
t"Y egn ty.
Company Name
S i gn ature
Date
EYHIBIT "H-8"
PAYROLL DEDUCTION AUTHORIZATION FORi�t
Payroll Deduction Authorization
This is the authorization to the
to deduct from my paycheck $ This
is for item number.
REPAYMENT OF:
1. Loan 7. Credit Union
2. Retirement S. Profit Sharing
3. Advance on Wages �
ges 9. Donations to Agencies
4. Savings 10. insurance Premiums
5. Savings Bonds 11. Union Dues
6. Uniforms 12.
'This deduction is to be made:
CHECK APPROPRIATE BOX One time only
weekiy
B i-wee kiy
For weeks
Date:
Employee's Signature
Printed or Typed Name:
Project Name and Number-
EYHIBIT "H-9"
OFFICER APPOINTMENT FORM
U. S. Department Of Housing nd Urban r an Development
CERTIFICATE FROM CONTRACTOR
APPOffqTNG OFFICER 0
TO SUPERVISE PAYMENT YEE
NT`OF EMPLOYEES
Project Name
Date
Location
Project No.
M(We) hereby certify that(I am)(we are)(the prime Contractor a sub
� ( contractor) For
in connection with construction of the above-mentioned
Project, and that {i} (we) have a i
PPo rated
A.h..q. stjimature anuears below. to sunervise th a t ees
e n
20�; that he/she is in a position to have
set forth in the payroll docum
ent full knowledge of the `acts
s and in the statement of compliance require
Kick--Back Statute which he/she is to ex q �by the so-ca�Ied
execute with Amy) (our) full authority and a rv� '
such time as(I)(we) submit to PP
a new certificate appointing some other erson for the he purposes hereinabove stated.
Attest(if required):
(Signature)
By:
(Title)
_________________________ (Title)
i ATE: This �:erti�tcate must he executed h i� � .
of a artner�ht Y n authorized otf cc�r���a corporation, h a m
p p,or the tic��e c�wnt�r end :;hall he r�xecutrtd Y ember
payruil. Should the appointee he changed, _ , � pnt�r to and he submitted with the txr�t
Apo a riew Certificate cate must scco m
Which the new appointee c.•xecUte:4 a itatem pony the txrst payroll for
ent c�r•compli��nc.•e reyufred by the Kick-Back Statute.
tatute.
• DALDAO-13 40-312
(6-79)
EYHIBIT 661"
DEED OF TRUST FORiYI
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIDE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER
DEED OF TRUST
Terms
Date: 120
Grantor: Tarrant County Housing Partnership, Inc.
a Texas non-profit corporation.
Grantor's Mailing Address:
3204 Collinsworth Street, Fort Worth, Tarrant County, Tx 76107
Trustee: Vicki S. Ganske or Leann Guzman
Trustee's Mailing Address:
CIO City Attorney's Office
1 000 Throckmorton St.
Fort Worth, Tarrant County, Tx 76102
Lender: City of Fort Worth, Texas, a Texas rp
municipal corporation
p
Lender's Mailing Address:
C/O Housing Department
1000 Throckmorton St.
Fort Worth, Tarrant County, TX 76102
Loan Authority:
The loan evidenced by the Note and secured by this Deed of Trust is being made e pursuant
to the HOME Investment Partnerships Program authorized under Title II of the
Cranston-
Gonzales National Affordable Housing Act of 1990, as amended 42 USC 12701
et seq.
(the "HOME Program") and the HOME Investment Partnership Program Final
p g Rule, as
amended, 24 CFR Part 92 et.seq. (the "HOME Regulations") with HOME funds.
Obligation
Note
Date: 120
Original principal amount: $117.,000.00
Borrower: Tarrant ('ountN, 11ousing Partnership. Inc.. a Texas non- rot-
. P P xt
corporation
I7I:FI)OFTRUST -Icflp Page I
CSC No. C-24714 Rev. 5-17-13
i
Lender: City of Fort Worth, Texas, a Texas municipal corporation
�
Maturity Date: zp
Property (including any improvements):
SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES
Prior Lien:
None
Other Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whether of record or not' all presently
. p ently
recorded and validly existing recorded instruments other than conveyances of the surface face fee
estate that affect the Property; liens described in this Deed of Trust• and taxes for the current
year.
For value received and to secure payment of the obligation, Grantor conveys the Property
y p rty
to Trustee in trust. Grantor warrants and agrees to defend the title to the Property, b'
p rty, su �ect to the
Other Exceptions to Conveyance and Warranty. On a ment of the Obligation p y g and all other
amounts secured by this Deed of Trust, this Deed of Trust will have no further effect and Lender
will release it at Grantor's expense.
Clauses and Covenants
A. Grantor's obligations
Grantor agrees to
—
I. keep the Property in good repair and condition;
2. pay all taxes and assessments on the Property before delinquency d provide q y an p rovproof
of payment of same upon request by Lender;
3. defend title to the Property subject to the other Exceptions ons to Conveyance an
p y ce and
Warranty and preserve the lien's priority as it is established in this Deed of Trust;
4. maintain, in a form acceptable to Lender, an insurance olio that
—
a. y
a. covers all improvements for their full insurable value as determined when
the policy is issued and renewed. unless Lender approves a smaller amount
in writing:
b. contains an 80 percent coinsurance clause;
17I:I;L)OF TRUST TCHI' Pace 7
CSC No. C-2-14714 I
Rev. 5-17-13
C. provides all-risk coverage;
d. protects Lender with a standard mortgage clause;
e. provides flood insurance at any time the Property is in a flood hazard area;
and
f. contains such other coverage as Lender may reasonably require;
5. comply at all times with the requirements of the 80 percent coinsurance clause-
6. deliver the insurance policy to Lender within ten days of the date of this Deed of
Trust and deliver renewals to Lender at least fifteen days before ex i
p ration;
7. obey all laws, ordinances, and restrictive covenants applicable to the Property;
8. keep any buildings occupied as required by the insurance policy;
Y
9. if the lien of this Deed of Trust is not a first lien, pay or cause to be id all prior
p
lien notes and abide by or cause to be abided by all prior lien instruments• and,
10. notify Lender of any change of address.
B. Lender's Rights
I. Lender may appoint in writing a substitute trustee, succeedin g g to all rights and
responsibilities of Trustee.
2. If the proceeds of the obligation are used to pay any debt secured b prior liens,
,
Lender is subrogated to all the rights and liens of the holders of any so paid.
aid.
3. Lender may apply any proceeds received under the insurance olio either to reduce
p Y
the obligation or to repair or replace damaged or destroyed improvements covered by the policy.
If the Property is Grantor's primary residence and Lender reasonably determines that repairs to
. Y �
the improvements are economically feasible, Lender will make the insurance p roceeds available
to Grantor for repairs.
4. Notwithstanding the terms of the Note to the contrary, and unless applicable law
prohibits, all payments received by Lender from Grantor with respect to the Obligation or this
p g
Deed of Trust may, at Lender's discretion, be applied first to amounts p a Y able under this Deed of
Trust and then to amounts due and payable to Lender with respect to the Obligation, to be applied
g � pp
to late charges, principal, or interest in the order Lender in its discretion determines.
5. If Grantor fails to perform any of Grantor's obligations. b P ender may erform those
_
c�hIi,, ions and be reimbursed by Grantor on demand for anN, amounts so g
.aid including
p
attorney's tees, plus interest on those amounts from the dates of payment at the rate stated in the
DEED OF TRUST -- TCHP Page 3
CSC No. C-24714 Rev. 5-17-13
Note for matured, unpaid amounts. The amount to be reimbursed will be secured by this Deed of
Trust.
5. If there is a default on the obligation or if Grantor fails to an erform of Grantor's
p Y
obligations and the default continues after any required notice of the default and the time allowed
to cure, Lender may
a. declare the unpaid principal balance and earned interest on the Obligation
immediately due;
b. direct Trustee to foreclose this lien, in which case Lender or Lender's
agent will cause notice of the foreclosure sale to be given as provided by
the Texas Property Code as then in effect; and
C. purchase the Property at any foreclosure sale by offering the highest bid
and then have the bid credited on the obligation.
7. Lender may remedy any default without waiving it and may waive any default
Y
without waiving any prior or subsequent default.
8. If the Property is acquired by Lender by foreclosure, Grantor's right to any
Y
insurance policies and proceeds resulting from damage to the Property prior the acquisition shall
pass to Lender to the extent of the sums secured by this Deed of Trust immediate) prior to the
immediately
9. Lender or its agents may make reasonable entries upon and inspections of the
Property. Lender shall give Borrower notice at the time of or prior to an inspection giving
reasonable cause for the inspection.
C. Trustee's Rights and Duties
If directed by Lender to foreclose this lien, Trustee will
1. either personally or by agent give notice of the foreclosure sale as required b the
q Y
Texas Property Code as then in effect;
2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash
with a general warranty binding Grantor, subject to the Prior Lien and to the other Exceptions to
Conveyance and Warranty and without representation or e
warranty, express or implied, b
Y p p y
Trustee;
3. from the proceeds of the sale. paN,. in this order
a. expenses of foreclosure. including a reasonable commission to 'I-rustee.
DEED of TRUST TC H P Pace 4
CSC No. L-24714 Rev. 5-17-13
b. to Lender, the full amount of principal, interest, attorney's fees and other
charges due and unpaid;
C. any amounts required by lave to be paid before payment to Grantor; and
d. to Grantor, any balance; and
4. be indemnified, held harmless, and defended by Lender against all costs g � expenses,
p
and liabilities incurred by Trustee for acting in the execution or enforcement of the trust created
by this deed of trust, which includes all court and other costs, including attorney's fees
g y , incurred
by Trustee in defense of any action or proceeding taken .against Trustee in that capacity.
g p Y
D. General Provisions
1. If any of the Property is sold under this Deed of Trust, Grantor must immediately
surrender possession to the purchaser. If Grantor fails to do so, Grantor will become a tenant
at
sufferance of the purchaser, subject to an action for forcible detainer.
2. Recitals in any trustee's deed conveying the Property will be presumed to be true.
3. Proceeding under this Deed of Trust, filing suit for foreclosure or ursuin
p g any
other remedy will not constitute an election of remedies.
4. This lien will remain superior to liens later created even if the time of p a Y ment of
all or part of the obligation is extended or part of the Property is released.
5. If any portion of the obligation cannot be lawfully secured by this Deed of Trust
payments will be applied first to discharge that portion.
6. Grantor assigns to Lender all amounts payable to or received b Grantor from
Y
condemnation of all or part of the Property, from private sale in lieu of condemnation and
from
damages caused by public works or construction on or near the Property. After deducting any
incurred,ncurred, including attorney's fees and court and other costs, Lender will either release
any remaining amounts to Grantor or apply such amounts to reduce the Obligation. Lender will
ll
not be liable for failure to collect or to exercise diligence in collecting uch
g an y amounts.
Grantor will immediately give Lender notice of any actual or threatened proceedings ngs for
condemnation of all or part of the Property.
7. Grantor assigns to Lender absolutely, not only as collateral, all p resent and future
rent and other income and receipts from the Property. Grantor warrants the validity and
enforceability of the assignment. Grantor may as Lender's licensee collect rent and other income
and receipts as long as Grantor is not in default with respect to the Obligation or this I)s s
g �.�.d of
Trust. (grantor wi l 1 apple all rent and ether income and receipts to paN,ment of the Obligation
and
DEED OF TRUST TC HP.S Pa e 5
� No. C-24714 Rev. 5-17-
performance of this Deed of Trust, but if the rent and other income and receipts exceed the
amount due with respect to the obligation and the deed of trust, Grantor may retain the
y excess. If
Grantor defaults in payment of the obligation or performance of this Deed of Trust,. h Lender may
terminate Grantor's license to collect rent and other income and then as Grantor's agent may y rent
the Property and collect all rent and other income and receipts. Lender neither has as nor assumes
any obligations as lessor or landlord with respect to any occupant of the Property. Len
p der may
exercise Lender's rights and remedies under this ara rah without taking p g p g possession of the
Property. Lender will apply all rent and other income and receipts collected under
p this paragraph
first to expenses incurred in exercising Lender's rights and remedies and then '
g en to Grantor's
obligations with respect to the obligation and this Deed of Trust in the order determined by
Lender. Lender is not required to act under this paragra p h, and acting under this paragraph does
not waive any of Lender's other rights or remedies. If Grantor becomes a voluntary or
involuntary debtor in bankruptcy, Lender's filing a roof of claim in bankruptcy P p cy wiII be deemed
equivalent to the appointment of a receiver under Texas law.
8. Interest on the debt secured by this Deed of Trust will not exceed the
maximum
amount of nonusurious interest that may be contracted for, taken, reserved charged, or
g , received
under law. Any interest in excess of that maximum amount will be credited on '
the principal of
the debt or, if that has been paid, refunded. on an acceleration or re '
Y required or permuted
prepayment, any such excess will be canceled automatically as of the acceleration or re a ment
p p Y
or, if already paid, credited on the principal of the debt or, if the rind al of
p p the debt has been
paid, refunded. This provision overrides any conflicting provisions in this g p h s and all other
instruments concerning the debt.
9. In no event may this Deed of Trust secure payment of any debt tha t
may not
lawfully be secured by a lien on real estate or create a lien otherwise rohibi e
p t d by law.
10. When the context requires, singular nouns and pronouns include the plural.
11. The term Note includes all extensions, modifications, and renewals of the Note
and all amounts secured by this Deed of Trust.
12. This Deed of Trust binds, benefits, and may be enforced b the successors in
interest of all parties.
13. If Grantor and Borrower are not the same erson, the term Grantor includes
ncludes
Borrower.
14. Grantor and each surety, endorser, and guarantor of the Obligation g waive all
demand for payment, presentation for payment, notice of intention to accelerate maturity, notice
of acceleration of maturity, protest, and notice of protest, to the extent ermitted
p b law.
W
15. Grantor agrc s to paN- reasonable attorney's fees, trustee's fees, and cou rt curt and
Ut:F D OF T La ST TC t-t P Page 6
CSC No. C-24714
Rev. 5-17-13
other costs of enforcing Lender's rights under this Deed of Trust if this Deed of Trust is placed '�n
the hands of an attorney.
16. If any provision of this Deed of Trust is determined to be invalid or
unenforceable, the validity or enforceability of any other provision will not be affecte d.
p
17. The term Lender includes any mortgage servicer for Lender.
18. Grantor represents that this Deed of Trust and the Note are iven for the following
owing
purposes:
The debt evidenced by the Note is in payment of the p
ase urch rice of the
p
Property; the debt is secured both by the Deed of Trust and b y a vendor's lien on
the Property, which is expressly retained in a deed to Grantor of even date. This
Deed of Trust does not waive the vendor's lien, and the two liens and the rights
created by this Deed of Trust are cumulative. Lender ma y elect to enforce either
of the liens without waiving the other or may enforce both.
19. If the Property is transferred by foreclosure, the transferee will acquire tit)
q e to all
insurance policies on the Property including all paid but unearned p remiums.
20. Lender may declare the debt secured by this Deed of Trust immediately payable
and invoke any remedies provided in this Deed of Trust for default if Grantor transfers any of the
Property to a person who is not a permitted transferee without Lender's rior
p written consent.
"Permitted transferee" means any other person controlling, controlled b
g y, or under common
control with Grantor. Lender shall not exercise this option if federal law as of the
date of this
Deed of Trust prohibits such exercise.
21. THIS CONVEYANCE IS MADE AND ACCEPTED SUBJECT TO THE
FOLLOWING CONDITIONS AND RESTRICTIONS:
The Note is the Note required in City Secretary Contract No. between e Grantor
and Lender dated , 20 and has been executed and delivered in accordance
with that contract (the "Contract"). The funds advanced b Lender are HOME
. y funds and
the Contract requires that the residential housing located on the Property d
p y an constructed
with a portion of the HOME funds must qualify nd remain affordable
fY housing in
accordance with the HOME Program and the HOME Regulations for a specified g p d time
period as more particularly described in the Contract (the "Affordability Period")."). The
loan evidenced by the Note and secured by this Deed of Trust will be in default and the
Principal Amount and any other sums due thereunder may be declared immediately
mmedi ately
payable if all of the residential housing located on the Property is not sold to eligi ble
ble
homebuyers as more particularly described in the Contract and the HOME Regulations.
This Iked of Trust has also been executed and delivered ursuant to the terms �
p t f the
DELI.]OF TRUST -1-Clip Pare 7
CSC No. C-24714 Rev. 5-17-13
Contract. Grantor agrees to perform each and eve ry obligation set forth therein and will
ll
not permit a default to occur thereunder. Any default in the performance of '
p Grantor s
obligations under the terms of the Contract or the HOME Program or HG '
g ME Regulations
shall be deemed a default in the terms of the Note and Lender may declare the debt
secured by this Deed of Trust immediately payable and invoke an dies
y remedies
herein for default.
22. Provided that Grantor is not in default under an of the terms and conditions
this y ondltlons of
his Deed of Trust, the Note, or the Contract, and provided no event has
. p s occurred that, with
notice, passage of time, or both, will become an event of default, Grantor is entitled-to
partial
releases of the lien of this Deed of Trust.
23. THE NOTE AND THE DEED OF TRUST CONSTITUTE THE FINAL
AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY
EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL
AGREEMENTS BETWEEN THE PARTIES.
TARRANT COUNTY HOUSING PARTNERSHIP
INC.
Donna VanNess, President
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on 20 by Donna
VanNess, the President of Tarrant County Housing Partnershi p, Inc., a Texas non-profit
corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
AFTER RECORDING RETURN TO:
City of Fort worth
CIO Housing and Economic Development Department
1000 Throckmorton St.
Fort North, Tarrant County, TX 76102
DEED OF TRUST TCHP Pa(ye 8
CSC No. C-24714 �
Rev. 5-17-13
EXHIBIT "A"
1 246 E. Jefferson Avenue; Lot 12, Block 47, Highland Park Addition an
Addition to the City of Fort Worth, Tarrant County, Texas, accordin g to the Plat
recorded in Volume , Page , Plat Records, Tarrant County, Texas.
[)FED OF TRUST TC HP Page 9
CSC No. C-24714 Rev. 5-17-13
PROMISSORY NOTE
Date: 120
Borrower: Tarrant County Housing Partnership, Inc.
a Texas non-profit corporation
Borrower's Mailing Address:
3204 Collinsworth Street, Fort Worth, Tarrant County, Tx 76107
Lender: City of Fort Worth, Texas, a Texas rp
municipal corporation
p
Place for Payment:
CIO Director of Housing and Economic Development Department
1000 Throckmorton St.
Fort Worth, Tarrant County, TX 75102
or at any other place that Lender may designate in writing
Principal Amount: ONE HUNDRED SEVENTEEN THOUSAND DOLLARS AND 1100
DOLLARS ($1 17,000.00)
Loan Authority:
The loan evidenced by this Note is being made pursuant to the HOME
. P Investment
Partnerships Program authorized under Title II of the Cranston-Gonzal z
Gonzalez National
Affordable Housing Act of 1 990, as amended, 42 USC 12701 et se q. ("HOME Program")
and the HOME Investment Partnerships Program Final Rule as amended 24 CFR Part
92 et seq. (the"HOME Regulations") with HOME funds.
Annual Interest Rate: Zero Percent (0%)
Maturity Date: 20
Annual Interest Rate on Matured, Unpaid Amounts: Six Percent 6%
Terms of Payment (principal and interest):
This Note is the Note required in City Secretary ontract No
y . between
Borrower and Lender dated 20 and has been executed and
delivered in
accordance with that contract (the "Contract"). The funds advanced b y Lender are
HOME funds and the Contract requires that the residential housing located on the
Property and constructed with a portion of the HOME funds must ualif
q y and remain
affordable housing in accordance with the HOME Program and the HOME ME Regulations
for a specified time period as more particular) described in the
y Contract (the
Affordability Period"). The loan evidenced by this Note will be in default e ault and the
Principal Amount and any other sums due hereunder may be declared immediately
payable if all of the residential housing located on the Property is
p y not sold to eligible
homebuyers as more particularly described in the Contract and the fiOMF Reg 7
ulations.
PROMISSORY N[3T1.2 I-C lip Page I
CSC No. rev. 05-17-1 3
The Principal Amount is due and payable on 20 and an interest rest Ys due
and payable at maturity. Payments will be applied first to accrued interest and the
remainder to reduction of the Principal Amount.
Security for Payment:
This Note is secured by a Deed of Trust of even date from Borrower to Vicki
S. Ganske
or Leann Guzman, Trustee, both of which cover the following eal property-.
g
SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES
Other Security for Payment:
Other real property acquired by Borrower pursuant to the terms of the
Contract to
construct a total of one (1) residential home for sale to an eligible low-income
homebuyer.
Borrower promises to pay to the order of Lender the Principal Amount. This s Note is
payable at the Place for Payment and according to the Terms of Payment. All unpaid npaid amounts
are
due by the Maturity Date. After maturity, Borrower promises to a an
p pay y unpaid principal
balance plus interest at the Annual Interest Rate on Matured Unpaid Amounts
If Borrower defaults in the payment of this Note or in the erformance of it '
p s obligations .
under the Contract or the HOME Program or the HOME an other Regulations or
g y obligation in
any instrument securing or collateral to this Note, Lender may declare the unpaid '
bat y paid princ�pal
balance, earned interest, and any other amounts owed on the Note immediate) d Borrower
ower
and each surety, endorser, and guarantor waive all demand for ment
a
p y presentation for
payment, notice of intention to accelerate maturity, notice of acceleration of maturity, protest,
and notice of protest, to the extent permitted by law.
Borrower also promises to pay reasonable attorney's fees and court and other c '
costs �f this
Note is placed in the hands of an attorney to collect or enforce the Note. These expenses will
bear interest from the date of advance at the Annual Interest Rate on Matured, Unpaid Amounts.
Borrower will pay Lender these expenses and interest on demand at the Place for Payment.
These expenses and interest will become part of the debt evidenced b the Note and will be
secured by any security for payment.
Borrower may prepay this Note at any time before the Maturity ate without y w ut penalty or
premium so long as the residential housing located on the Property and other p y any real property
acquired by Borrower pursuant to the terms of the Contract and constructed with
a portion of the
HOME funds qualifies and remains affordable housing n accordance with the
g HOME Program
and the HOME Regulations for the applicable Affordability Periodspecified in
the Contract.
Interest on the debt evidenced by this Note will not exceed the maximum rate or amount
of nonusurious interest that may be contracted for, taken, reserved charged,g , or received under
law. Any interest in excess of that maximum amount will be credited on
the Principal Amount
or, if the Principal Amount has been paid, refunded. On an acceleration or required '
y q red or permitted
prepayment. any excess interest will be canceled automatically as of the acceleration or
prepayment car. if the excess interest has already been paid. credited" on the Principal Amount p mt unt ter.
PROMISSORY No 'IT-1 TC HP Page
CSC No.
rev. 05-17-13
i
if the Principal Amount has been paid, refunded. This provision overrides '
. p any conflicting
provisions in this Note and all other instruments concerning the debt.
Each Borrower is responsible for all obligations represented b this Note. w
. p y When the
context requires, singular nouns and pronouns include the plural.
TARRANT COUNTY HOUSING PARTNERSHIP
INC*
Donna VanNess, President
PROMISSORY Nt)I I: 'I'C`I1P Page 3
CSC No.
rev. 05-17-I3
EXHIBIT"A"
1246 E. Jefferson Avenue; Lot 12, Block 47, Highland Park Addition
� an
Addition to the City of Fort Worth, Tarrant County, Texas, according he
g to Plat
recorded in Volume , Page , Plat Records, Tarrant County, Texas.
PROMISSORY No 1 , i 0111, Paure 4
CS No.
rev. 05-17-13'
EYHIBIT 66J"
ENVIRONMENTAL MITIGATION ACTION
NOT APPLICABLE
EXHIBIT "Wy
SECTION 3 REPORTING REQUIREMENTS
EXHIBIT '����
Section 3 Summary Report U.S.Department of Housing P s ng oMB Approval No: 2529-QQ43
Economic opportunities for and Urban Development
Low--and Very Low-Income Persons (exp. 11/30/2010)
Office of Fair Housing
And Equal opportunity HUD Field Office:
Section back of page for Public Reporting Burden statement
1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification, {grant no.}
3. Total Amount of Award:
4-Contact Parson 5.Phone- (Include area code)
6-Length of Grant:
7.Reporting Period:
8-Date Report Submitted: 9.Program Code: (Use separate sheet
10. Program Name:
for each program code)
Part l: Em to ment and Trainin *#Columns B,C and F are mandate fields. Include New Hires in E&F
A B C D
Number of Number of New °�of A to Number E F
Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3t Employees Number Trainees
3
Sec.3 Residents that are Sec_3 Residents and Trainees
Professionals
Technicians
Office/Clerical
Construction by Trade(List)
Trade
Trade
Trade
Trade
Trade
other List
Total
Program Codes 3=PI,NlcrRnQian Hourwr
=r'ex,bie Subsidy 9 4=Homeless Assistance 8=CCBG State Administered
A [;evsaoprrent, 5= IM E
9=Cih CO Programs
m
2=Section 2021811 HC
0=G�eration er
6=HOME State Administered tO=Other Housing Prog
7 rams
C=Mode �rat�on =CCBG Entitlement
7�at 24 [� Sr
Part ll: Contracts Awarded
. Construction Contracts:
A. Total dollar amount of all contracts awarded on the project
B. Total dollar amount of contracts awarded to Section 3 businesses
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
a�
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount all non-construction contracts awarded on the projectlactivity
B. Total dollar amount of non-construction contracts awarded to Section 3 businesses
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
%
D. Total number of Section 3 businesses receiving non-construction contracts
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial
and community development programs,to the greatest extent feasible,toward!0w-and very low-income persons,assistance for housing
are recipients of government assistance for housing. (Check all that apply.) p ,particularly those who
Attempted to recruit!ow-income residents through: local advertising media,signs prominent! displayed at the
contracts with the community organizations and public or private agencies operating within the metropolitan arearoj r site,
nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. for
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated in a HUD program or other program which promotes the award of contracts to business concerns w is
definition of Section 3 business concerns. hrch meet the
Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered
Other;describe below. project is located.
Public reporting for this collection of information is estimated to average 2 hours per response,including the time for
reviewing instructions,
searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the colle
This agency may not collect this information, and you are not required#o complete this form, unless it displays a ct an of information.
number. currently valid OMB
Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. t 701 u, mandates that the
Department ensures that
employment and other economic opportunities generated by its housing and community development assistance
toward low-and very-low income persons,particularly those who are recipients of government assistance housing.p rams are directed
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance he regulations are
assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Coy with Section 3,#o
recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection g s'and or
invotves recipients receiving Federal financial assistance for housing and community development programs covered of information
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) ed by Section 3. The
and Section 915 of the HCDA of t992 An assurance of confidentiality is not applicable to this form. The Privacy Af the Fair Housing Act
Circular A-tab are not applicable The reporting requirements do not contain sensitive questions Data�s ct of t90 and OMB
++1formation is not included cumulative, personal identifying
NO 1 _,r 2
H
Form HUD-60002,Section 3 Summary Report,Economic Opportunities for Low-and Very Low-Income Persons.
Instructions: This form is to be used to report annual 8. Program Code: Enter the a
accomplishments regarding employment and other economic appropriate program code as listed at
the bottom of the page.
opportunities provided to low-and very low-income persons under 9. Program Name: Enter the name of HUD Program correspondin
Section 3 of the Housing and Urban Development Act of 1968. The with the"Program Code'in number 8. g
Section 3 regulations apply to any public and Indian housing
programs that receive: (1)development assistance pursuant to Part I: Employment and Tralnin O
Section 5 of the U.S.Housing ct of 1937, g pportunftles
g •(2}operating assistance Column A: Contains various job categories. Professionals are
pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have s
modemizativn grants pursuant to Section 14 of the U.S.Housing ct P P special knowledge of an occupation(i.e.
9 supervisors,architects,surveyors,planners,and computer
of 1937 and to reclplents of housing and community development programmers). For construction
assistance In excess of�ZflQ,OQQ ex nded for: 1 positions,list each trade and provide
}housin 9 data in columns B through F for each trade where persons were
rehabilitation(including reduction and abatement of lead-based aint
P employed. The category of'Other includes occupations such as
hazards);(2)housing construction;or(3)other public construction service workers.
projects;and to contracts and subcontracts in excess of#704,000 Column B: (Mandatory Field) Enter the number of new hires for
awarded in connection with the Section-3-covered activity. each category of workers identified in Column A in connection with
Fame HUD-60002 has three parts,which are to be completed for this award. New hire refers to a person who is not on the contractor=s
all programs covered by Section 3. Part I relates to employment or recipient's payroll for employment at the time of selection for the
and training.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered
employmentitraining goals either on the basis of the number of hours assistance.
worked by new hires(columns B,D,E and F). Part 11 of the form Column C: (Mandatary Field) Enter the number of Section 3 new
relates to contracting,and Part III summarizes recipients'efforts to hires for each category of workers identified in Column A in
comply with Section 3. connection with this award. Section 3 new hire refers to a Section 3
Recipients or contractors subject to Section 3 requirements must resident who is not on the contractor's or recipient's payroll for
maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or
assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance.
directed toward low-and very low-income persons.* A recipient of Column D: Enter the
Section 3 covered assistance shall submit one copy f this report to Percentage of all the staff hours of new hires
py Po (Section 3 residents)in connection with this award.
HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for
Where the program providing assistance requires an annual Section 3 employees and trainees(including new hires connected
performance report,this Section 3 report is to be submitted at the with this award. Include staff hours for part-time and full-time
same time the program performance report is submitted. Where an positions.
annual performance report is not required,this Section 3 report is to be Column F: (Mandatory Field) Enter the number of Section 3
submitted by January 10 and,if the project ends before December 31,
within 10 days of project completion. Only Prime Recipients are residents that were trained in connection with this award.
Part 11: Contract Opportuniti
required to report to HUD. The report must Include Block
accomplishments of all recipients and their Secttan 3 covered Block 1: Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded on the
contractors and subcontractors. project/program.
HUD Field Office: Enter the Field Office name. Item B: Enter the total dollar amount of contracts connected with this
1. Recipient: Enter the name and address of the recipient project/program that were awarded to Section 3 businesses.
submitting this report. Item C: Enter the percentage of the total dollar amount of contracts
2. Federal Identification: Enter the number that appears on the connected with this project/program awarded to Section 3 businesses.
award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards.
cooperative agreement or contract. Block 2: Nan-Construction Contracts
3. Dollar Amount of Award: Enter the dollar amount,rounded to the
Item A: Enter the total dollar amount of all contracts awarded on the
nearest dollar,received by the recipient. project/program.
4&5. Contact Person/Phone: Enter the name and telephone number Item B: Enter the total dollar amount of contracts connected with this
of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses.
implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts
6. Reporting Period: Indicate the time period(months and year) connected with this project/program awarded to Section 3 businesses.
this report covers. Item D: Enter the number of Section 3 businesses receiving awards.
7. Date Report Submitted: Enter the appropriate date. Part III: Summary of Efforts—Self-explanatory
Submit one(1)copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income ceilings higher or lower than 80 percent
performance report is submitted to the program office. The Section 3 of the median for the area on the basis of the Secretary's findings such that
report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction casts
during the period specified in item 8. PHAs1IHAs are to report all or unusually high-or low-income families, Very low-income persons mean
contractslsubcontracts. low-income families(including single persons)whose incomes do not
* The terms"low-income persons*and very low-income persons"have Secretary ry w th adjustments or smaller+land larger area,i s determined t the
arger lam+lies,except that the
the same meanings given the terms in section 3(b)(2)of the United Secretary may establish income ceilings higher or lower than 50 percent of
States Housing Act of 1937 Low-income persons mean families the median for the area on the basis of the Secretary's findings that such
(including single persons)whose incomes do not exceed 80 percent of variations are necessary because of unusually high or low Family incomes
the median income for the area,as determined by the Secretary,with
adjustments for smaller and larger families.except that
�y
4 F71
oaf.�d �;� •�.
M&C-Council Agenda
City of Fort Worth, Texas
ayor M a ommunication
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DATE: Tuesday, March 27, 2012 REFERENCE NO.: C-25531
LOG NAME: 17TCHP_HILLSIDE1MORNINGSIDE 10
Authorize Expenditure in the Amount of$1,115,000.00 of HOME Investment Partnerships Program .
Grant Funds to Tarrant County Housing Partnership, Inc., for the Development of Ten Single Family
Houses in the Hillside-Momingside Neighborhood, Authorize Execution of Conditional Commitments
and Contracts (COUNCIL DISTRICT 8)
It is recommended that the City Council:
1. Authorize substitution of funding years in order to meet commitment, disbursement and expenditure
deadlines for grant funds from the United States Department of Housing and Urban Development;
2. Authorize expenditure of $1,115,000.00 in HOME Investment Partnerships Program Grant funds as
allocated in the 2011-2012 Action Plan to Tarrant County Housing Partnership, Inc., a certified
Community Housing Development Organization, for the development of up to ten single family houses
in the Hillside-Morningside neighborhood;
3. Authorize execution of conditional commitments with Tarrant County Housing Partnership, Inc., that
conditions funding, among other things, on satisfactory completion of HOME Investment Partnerships
Program requirements;
4. Authorize execution of contracts with the Tarrant County Housing Partnership, Inc., for the project
for a three year term beginning on the date of execution of the contract;
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M&C-Council Agenda
5. Authorize extension or renewal of the conditional commitment(s) or the contract(s) if Tarrant County
Housing Partnership, Inc., requests an extension and such extension is necessary for completion of
the project; and
5. Authorize amendment of the conditional commitment(s) or the contract(s) if necessary to achieve
project goals provided that the amendment is within the scope of the project and in compliance with
City policies and applicable laws and regulations governing the use of federal grant funds.
DISCUSSI
On May 14, 2011, the City issued a Request for Proposals (RFP)for certified Community Housing
Development organizations (CHDO) to award and expend up to $1,251,931.00 of HOME Investment
Partnerships Program Grant funds. On November 18, 2011, the Tarrant County Housing Partnership,
Inc., (TCHP) submitted a response requesting $517,884.00 of the available HOME funds to acquire 17
sites on which it proposed to construct single family houses. The request also included funds for
CHDO operating expenses.
Staff reviewed all RFP submissions and recommended the award to TCHP of$1,11 5,000.00 in HOME
funds to the Community Development Council (CDC) at its meeting held on May 25, 2011. The CDC
agreed with Staffs funding recommendation for the Project. Up to $100,000.00 of the awarded funds
will be used for operating expenses and $1,008,943.10 for construction of 10 houses and other
development expenses including the developer fee, which is based on the cost of construction.
TCHP plans to develop up to 10 single family houses to be located in the Hillside-Morningside
neighborhood. There are three floor plan options available varying in square footage from
approximately 1300 to 1500 square feet with three bedrooms, two baths and a rear detached garage.
The houses will be sold to an individual or family that earns 80 percent or less of Area Median Income
as determined by the United States Department of Housing and Urban Development (HUD). Buyers
must meet all HOME Program requirements, including applying for and receiving at least $1,000.00 in
down payment and/or closing cost assistance from the City's Homebuyer Assistance Program and
occupying the house as their primary residence for five years.
f-Qllowina
i. Construction must begin within six months of date of contract execution;
ii. TCHP's performance under the contract and use of the HOME funds will be secured by a recorded
Deed of Trust;
iii. Houses must be sold to a HOME eligible buyer; and
iv. TCHP will be allowed a 10 percent developer's fee based on the cost to construct the houses.
i. Satisfactory completion of the environmental review er 24 CFR Part 58• and
P ,
ii. Authorization to use grant funds from HUD.
The Action Plan's funding years for federal funds selected may vary and be substituted based on the
principle of First In, First Out (FIFO) in order to expend oldest grant funds first. The HOME funds may
be used for any eligible costs related to the development.
Staff recommends the expenditure up to $1,115,000.00 in HOME funds for the Project to benefit low
and very low income citizens by providing affordable housing. A public comment period on the
expenditure of these HOME funds was held from June 28, 2011 to July 27, 2011. Any comments are
maintained by the Housing and Economic Development Department in accordance with federal
regulations.
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M&C-Council Agenda
This project is located in COUNCIL DISTRICT 8.
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
FUND CENTERS:
10 Fund/Account/Ce F
GR76 539120--.017206531M $100.000.00 GR76. 539120 017206531
GR76 539120 017206 0 $1.008,943.10 GR76 . 539120 01720653
GR76 -.53912Q 005201.2alOO $6,056.90 R76 532120 .00520612 0.
CIERTIFICATIO
• Fernando Costa (6122)
Jay Chapa (5864)
Cynthia Garcia (8187)
Information Addfteonal Fa biola Suarez (6811)
ATTACHMENTIJ
1• 1 T (Public)
2• (CFW Internal)
3• (CFW Internal)
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