HomeMy WebLinkAboutContract 28518 CITY SECRETARY
CONTRACT CJ�
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth ("City"),
acting by and through Reid Rector, its duly authorized Assistant City Manager, and
Neighborhood Housing Services of FW ("Contractor"), by and through Ken Majka, its duly
authorized Board President. Contractor's business address is 1549 North Main Street, Suite 209,
Fort Worth, Texas 76106.
WHEREAS, the City of Fort Worth ("City") has received a grant from the United States
Department of Housing and Urban Development ("HUD") through the Home Investment
Partnerships Program ("HOME"), Program No. M-02-MC-48-0204, with which the City desires
to promote activities that expand the supply of affordable housing and the development of
partnerships among the City, local governments, local lenders, private industry and neighborhood
based nonprofit housing organizations; and
WHEREAS, the primary purpose of the HOME program pursuant to the National
Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit
low and very low income citizens by providing them with affordable housing; and
WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of
Directors, is working to increase the number of decent, affordable housing units available to low
and moderate income persons; and
WHEREAS, the citizens and the City Council of Fort Worth have determined that the
development of safe, decent, and affordable housing is needed for moderate, low, and very low-
income citizens of Fort Worth;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1. GENERAL PROVISIONS
Purpose
The express purpose of this contract is to provide Contractor with HOME funds not to
exceed Two Hundred Sixty Two Thousand and No/100 ($262,000.00) of which Two Hundred
Twelve Thousand Dollars, ($212,000.00) shall be used to provide funding for new construction
of three (3) single family infill houses and up to Fifty Thousand Dollars, ($50,000.00) for
operating support of the Program, in accordance with Exhibit A — "Program Summary".
Eligible costs are those allowed under the HOME regulation 24 CFR 92.
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Upon the sale of each house, Contractor may claim a developer's fee of$3000 and any
additional sales proceeds that exceed the development cost. These funds may be used by the
Contractor, at its discretion, to further its Program goals. (No developer fees will be paid for
projects where the development cost exceeds the sales price by more than ten percent (10%)). If,
during this contract period, Contractor maintains the Performance Standards established by the
City for retention of CHDO proceeds, the remaining proceeds from the sale of each house may be
retained by the Contractor as CHDO proceeds and used for HOME-eligible or other housing
activities, as required by 24 CFR 92.300(a)(2), if the project is begun before the end of this
contract.
The City hereby certifies that Contractor is a Community Housing Development
Organization (CHDO) and acts as a housing developer as defined by HUD.
The City shall act through its agent, the City Manager, or his duly authorized
representative, unless otherwise stated in this agreement. Contractor agrees to comply with the
uniform administrative requirements contained in Section 92.505 of the HOME regulations,
including Subpart F, and applicable City Codes and regulations.
2. Duration/Period of Affordability
This Contract begins on the date of execution of this contract and terminates twelve (12)
months thereafter. This Contract may be extended for one (1) one-year term. In the event
Contractor desires to extend the terms of this contract beyond its stated date of expiration of 12
months, it shall submit a written request for extension to the City at least 60 days prior to the
current expiration date hereof and that submission shall include the Contractor's anticipated
budget, goals and objectives for the extended period; provided, however, that the City is under no
duty or obligation to grant the requested extension, and that any such extension must be in
writing as an amendment to this contract and approved by the City Manager.
The housing owned or developed by Contractor shall remain affordable as required by
Section 92.254 of the Regulations. Affordability means that the actual principal, interest,
property taxes, and insurance (PITI) for the purchase does not exceed thirty percent (30%) of the
monthly adjusted income of a family with an income at or below eighty percent (80%) of the
median income of the area, adjusted for family size, as established by HUD. If the housing does
not meet the affordability requirements stated below, the funds used to produce said housing
must be repaid to the City. Single family housing developed with HOME funds must remain
affordable housing for minimum periods o£ 5 years where per unit amount of HOME funds
provided is less than $15,000; 10 years where the per unit amount of HOME funds provided is
$15,000 to $40,000; and 15 years where the per unit amount of HOME funds provided is greater
than $40,000. Repayment of the HOME funds attributable to the unit or units that do not
maintain the HOME affordability requirements will be required from the Contractor, if, at any
time the Contractor is found to be non-compliant to the above time limits.
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3. Income Eligibility and Use of House as Principal Residence
The HOME program income targeting requirements for the HOME program and for
HOME projects are defined in 92 CFR 203(b)(1)(2)(3). Annual income is used to establish
homeowner eligibility. The definition of annual income to determine homebuyer eligibility under
this contract shall be the definition specified in 92 CFR 203(b)(2). The annual income of the
homebuyer, adjusted for family size shall not exceed eighty percent (80%) of the area median
income as established by HUD. Contractor shall use the most current HUD Program Income
Guidelines to determine program eligibility.
The Contractor shall insure that the homebuyer will use the home purchased under this
program as his/her principal residence during the period of affordability.
4. Housing Standards.
New housing units constructed under this contract shall meet the most current Model
Energy Code published by the Council of American Building officials, the Uniform Federal
Accessibility Standards (UFAS), the City's Basic Access Ordinance No. 14171 attached as
Exhibit H and all other applicable standards under the City Codes and ordinances.
6. Other Requirements
The sales price of the houses developed under this contract shall not exceed ninety-five
percent (95%) of the median purchase price of the type of single family housing for Fort Worth
as determined by HUD.
The sales price of the house shall not exceed the appraised value of the property as
determined by an independent appraiser.
Contractor shall demonstrate that the CHDO funds shall be leveraged by other funding
sources.
7. Independent Contractor
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of the City. Contractor shall have exclusive control of, and the
exclusive right to control the details of the work and services performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, members, agents, servants, employees, subcontractors, program participants, licensees
or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor,
its officers, members, agents, servants, employees, subcontractors, program participants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor. It is expressly understood and agreed that no officer,
member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program
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participant hereunder, is in the paid service of City and that City does not have the legal right to
control the details of the tasks performed hereunder by Contractor, its officers, members, agents,
employees, subcontractors,program participants, licensees or invitees.
City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged;
and Contractor hereby indemnifies and holds harmless City and its officers, agents, and
employees from and against any and all claims or suits.
8. Termination.
This contract may be terminated by the City in the event of default, inability, or failure to
perform on the part of Contractor, or whenever such termination is determined by the City to be
in the City's best interest. Likewise, the contract may be terminated by Contractor if the City
does not provide funds pursuant to this agreement. The contract may be terminated for mutual
convenience upon agreement of the parties.
The parties acknowledge that HOME funds paid hereunder are intended to provide only
partial funding for Contractor's program operations. If non-HOME funds to implement the
program are not forthcoming to the Contractor during the contract term, the City may terminate
this contract.
Pursuant to the City's CHDO Program and Funding Requirements, Contractor shall begin
acquisition and construction work within 12 months from the date of contract execution. Failure
to start within the 12-month period is grounds for termination.
City shall notify the Contractor in writing of any breach of this contract, and specify a
reasonable time within which to cure the particular breach. After being notified of such breach,
and if the breach is deemed to be material, if Contractor fails to cure the breach within the time
stated in the notice, this contract shall automatically terminate at the expiration of the stated time
allowed for cure.
Contractor will return to City any unused monies previously distributed under this
contract within thirty (30) days of the effective date of contract termination. City will have no
responsibility or liability for Contractor's expenditures or actions occurring after the effective
date of the contract termination.
9. Venue
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-performance of this agreement, venue for said action
shall be in Tarrant County, Texas.
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10. Written Instrument is Entire Agreement
All terms of this contract shall apply to any and all subcontractors of Contractor which
are in any way paid with HOME funds or who perform any work in connection with Contractor's
Program.
The provisions of this agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this agreement shall be determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on
any future occasion.
This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this contract for all purposes, constitutes the entire contract by the
parties hereto concerning the work and services to be performed under this contract. Any prior or
contemporaneous oral or written agreement, which purports to vary the terms of this contract,
shall be void. Any amendments to the terms of this contract must be in writing and must be
approved by each party to this contract.
The paragraph headings contained herein are for convenience in reference to this contract
and are not intended to define or to limit the scope of any provision of this contract.
11. DUTIES AND RESPONSIBILITIES OF CITY
A. Disbursement of Funds
The City will furnish federal grant funds, (HUD HOME Investment Partnerships Program
No. M-02-MC-48-0204 for use as stated herein. The City will monitor the use of such funds to
ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and
compliance with the provisions therein. Disbursements from the HOME account for actual
acquisition, construction, and/or sale will not be made until actually needed for payment.
Payment of expenses will require completion of a "Request For Funds" form (Attachment I),
and a copy of supporting documents, including the property sales contract, appraisal, notice to
seller, environmental review and contract between Contractor and builder attached as Exhibit E -
"Contract For Construction".
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B. Amount of Funds
It is agreed that the total distribution of federal grant funds made available to or paid on
behalf of Contractor, during the term of this contract shall not exceed the total sum of Two
Hundred Sixty Two Thousand and Noll 00 ($262,000.00).
Contractor shall be paid on an advance of funds basis for all expenses incurred under this
contract to pay for specific operating costs and housing development costs, including lot
acquisition and related housing soft costs. Prior to the release of funds for construction draws
work items must pass inspection by City's Housing Department inspectors evidenced by a
completed inspection form Exhibit F-"Request for Inspection".
12. DUTIES AND RESPONSIBILITIES OF CONTRACTOR
A. Statement of Work, Budget and Time Line for Goals and Expenditures
Contractor will use the Two Hundred Sixty Two Thousand Dollars and No/100
($262,000) in HOME funds provided under this contract to develop housing affordable to low
and very-low income families. Contractor may only use HOME funds for activities that are
HOME eligible.
Fifty Thousand Dollars and No/100 ($50,000.00) will be used for specific administrative
needs of Contractor and Two Hundred Twelve Thousand Dollars, ($212,000.00) for construction
and sale of three (3)new houses in accordance with Exhibit B - "Program Budget".
Contractor shall insure that homebuyers complete a homeownership training
program prior to closing. Contractor shall also help homebuyers obtain closing cost assistance
and/or deferred loan payment under the City's Homebuyer's Assistance Program or other
available programs to make housing affordable to homebuyers. Funds will be utilized only to
provide affordable housing within the City of Fort Worth, Texas.
B. Budget
Contractor agrees that the HOME funds will be expended in accordance with the
projected Program Budget in Exhibit B attached hereto and incorporated for all purposes. Any
change exceeding ten percent (10%) of the total cost per housing unit shown in this Budget shall
be made only with prior written approval of the City. Under no circumstances shall the total
amount of program funds expended by Contractor from funds paid by the City exceed Two
Hundred Sixty Two Thousand and No/100 ($262,000.00).
The funds for housing construction will be payable based on a drawdown schedule based
on extent of completion of each house as approved by the City housing inspectors. Contractor
shall demonstrate that the CHDO funds shall be leveraged by other funding sources.
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C. Time Line for Goals and Expenditures
Contractor shall work in accordance with the schedule in the Program Implementation
Timeline in Exhibit C and ensure that program goals and expenditures correspond with the
completion of the Program.
D. Reversion of Assets
Contractor agrees to return to the City any HOME funds remaining on hand at the end of
the contract. If repayments, interest or other returns on investment attributable to HOME funds
are received after the term of this contract, they shall be returned to the City to be deposited in
the City's HOME account.
In the event the Contractor administering the development fund established under this
contract is dissolved, this contract shall thereupon terminate. In the event this contract is
terminated with or without cause, or for any reason whatsoever, all assets of the HOME
development fund including cash, interest payments thereon from loans or otherwise, all
outstanding notes, mortgages and other instruments to secure HOME funds and any real property
valued in excess of$25,000 owned by the Contractor less than five years or a longer period of
time that was acquired or improved with HOME funds from the development fund shall belong
to the City and shall be transferred to the City or to such assignees as the City may designate.
E. Affirmative Marketing
Contractor must adopt affirmative marketing procedures and requirements for all HOME
housing. The procedures and requirements must include methods for informing the public,
owners and potential homebuyers about fair housing laws and policies so as to ensure that all
individuals, without regard for race, creed, nationality or religion, are given an equal opportunity
to participate in the Program. The Contractor will be solely responsible for the effective
marketing responsibilities necessary to achieve the Contractor's production goals.
F. Recapture Provisions
Contractor understands that there are specific property requirements on HOME-funded
properties and a requirement that the homebuyer must use the property as its principal residence.
These requirements shall be incorporated in the property deed restriction or covenant running
with the land. In addition, the loan documents (Deed of Trust Note) should also incorporate
these requirements. The recapture provisions will remain in effect on property purchased and/ or
developed with HOME funds for at least the minimum affordability periods specified in Section
92.254 of the Regulations.
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Any HOME funds invested in housing that failures to meet the affordability requirements
for the period specified in Section 92.254 must be repaid to the City in accordance with Sections
92.503(b) and 92.504(c)(3) of the Regulations.
G. Records and Reports
Contractor will keep or cause to be kept an accurate record of all actions taken and all
funds expended, with source documents, in the pursuit of the objectives of the performance of
this contract. Such records shall be kept for the period of affordability mandated by the
Regulations.
Contractor will obtain and keep on file the following information on each client served by
the Program:
a. Annual income and size of the household;
b. Ethnic group of the client, using one of the following five
categories: White, not Hispanic; Black, not Hispanic; Hispanic;
Asian or Pacific Islander; American Indian or Alaskan Native;
C. Whether the head of household is male or female; is a single male
or female household with or without children;
d. Additional statistical information as may be required by HUD
regulations and any amendments thereto.
e. Contractor will keep on file the following information and
documentation on each individual project:
f. Proof that the project meets the applicable property standards;
g. The per unit amount of HOME dollars invested;
h. The compliance with the affirmative marketing requirements and
existence of acceptable procedures;
i. Compliance with relocation requirements;
j. Minority and female owned business data, and affirmative fair housing
actions;
k. compliance with conflict of interest rules.
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By the 15th of each month for the duration of this contract, including the period of
affordability as applicable, Contractor will supply the City with a report detailing:
a. Progress toward goal achievement (Exhibit G-Program Services); and
b. Expenditure detail (Attachment I-"Request For Funds", Attachment II
"Detail Statement of Costs" &Attachment III"Expenditure Worksheet").
The amount of leveraging generated by this grant, including items that qualify as HOME
match.
Reports shall be submitted in the format specified by City. IF THE REQUIRED
REPORTS ARE NOT RECEIVED BY THE DUE DATE, THE CITY RESERVES THE
RIGHT TO WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT AND
OTHER CONTRACTS WITH CONTRACTOR.
H. Cost Principles
Contractor shall comply with the requirements and standards of OMB Circular A-122,
"Cost Principles for Non-Profit Organizations".
All non-federal entities that expend $300,000 or more in federal funds within one year,
regardless of the source of the Federal award, must submit to the City an annual audit prepared in
accordance with specific reference to OMB Circular A-133. The audit may cover the period of
the contract. The audit must be prepared by an independent_certified public accountant, be
completed within twelve (12) months following the end of the period being audited and be
submitted to City within thirty(30) days of its completion. Costs of preparation of the audit may
be an allowable expenditure of federal funds in an amount proportional to that of the federal
funds used in Contractor's total agency operating budget. Non-federal entities that expend less
than $300,000 a year in federal funds are exempt from Federal audit requirements for that year,
but records must be available for review or audit by appropriate officials of the Federal agency,
pass-through entity (City), and General Accounting Office (GAO). (Exhibit D-"Independent
Audit Requirement").
City reserves the right to perform an audit of Contractor's program operations and
finances at any time during the term of this contract, if City determines that such audit is
necessary for City's compliance with OMB Circular A-128, and Contractor agrees to allow
access to all pertinent materials as described in section headed records and reports above. If such
audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen
(15) days after notice to Contractor of such questioned practice or expenditure. If questions are
not resolved within this period, City reserves the right to withhold further funding under this
and/or future contract(s).
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If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the grant funds described herein, Contractor agrees to
immediately reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanctions, penalty or other charge levied against City
because of such misuse, misapplication or misappropriation.
I. Monitor Effectiveness of Services and Work
The City will review the activities and performance of each contractor and subrecipient
not less than annually as required in Section 92.504 (e) of the HOME regulations.
Contractor agrees to fully cooperate with City in monitoring the effectiveness of the
services and work to be performed by Contractor's compliance with the terms of this contract.
The City shall have access at all reasonable hours to offices and records (dealing with the use of
the funds that are the basis of this contract) of Contractor, its officers, directors, agents,
employees, and subcontractors for the purpose of such monitoring.
Contractor agrees to likewise monitor the effectiveness of the services and work to be
performed by its subcontractors.
J. Compliance with All Applicable Laws and Regulations
Federal
Contractor agrees to comply with the following laws and the regulations issued
thereunder as they are currently written or are hereafter amended during performance of
this contract:
Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq)
Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq)
Executive Orders 11063, 11246, as amended by 11375 and as supplemented by
Department of Labor regulations (41 CFR, Part 60)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
The Age Discrimination Act of 1975 (42 USC 6101 et seq)
National Environmental Policy Act of 1969 (NEPA) and the related authorities
listed HUD's implementing regulations (24 CFR Part 58)
Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as
amended) specifically including the provisions requiring employer verifications of
legal worker status of its employees
Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat.
1815, as amended)
The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
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National Affordable Housing Act of 1990
The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F)
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC
1701
As the work performed under this contract is on a project assisted under a program
providing direct federal financial assistance from the HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701,
Contractor covenants to abide by the requirements of the said Section 3. It requires as follows:
1. That, to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and
2. That, to the greatest extent feasible, contracts for work in connection with
the project be awarded to business concerns, which are located in or owned in
substantial part by persons residing in the area of the project.
Contractor will comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in
24 CFR 135, and all applicable rules and orders of the Department issued thereunder
prior to the execution of this contract. Contractor certifies and agrees that it is under no
contractual or other impediment, which would prevent it from complying with the
requirements.
Contractor agrees that it will send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or workers representatives
of its commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
Contractor agrees that it will include the said Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of City, take appropriate
action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, CFR135.
Contractor agrees that it will not subcontract with any subcontractor where it has notice
or knowledge that the latter has been found in violation of regulations under 24 CFR 135
and will not let any subcontract unless the subcontractor has first provided Contractor
with a preliminary statement of ability to comply with the requirements of these
regulations.
City and Contractor understand and agree that compliance with the provisions of
Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of
the Department issued thereunder prior to the execution of this contract shall be a
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condition of the Federal financial assistance provided to the project, binding upon City
and Contractor, and their respective successors, assignees and subcontractors. Failure to
fulfill these requirements shall subject Contractor and its subcontractors, its successors
and assignees, to those sanctions specified by the Grant Agreement through which federal
assistance is provided and to such sanctions as are specified by 24 CFR.
Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts
and Regulations
This contract is subject to the requirements of Section 306 of the Clean Air Act,
as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC
1368), Water Pollution Control Act, as amended (33 USC 1251 et seq.) and the
regulations of the EPA with respect thereto at 40 CFR, Part 15, as amended from time to
time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said
regulations, Contractor agrees and, with respect to a nonexempt transaction, shall require
each subcontractor to agree to the following requirements:
1. A stipulation that no facility to be utilized in the performance of
nonexempt contract or subcontract work is included on the List of Violating Facilities
issued by the (EPA) pursuant to 40 CFR 15.20;
2. Compliance with all the requirements of Section 114 of the Clean Air Act,
as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control
Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said Section 114 and Section
308 and all regulations and guidelines issued hereunder;
3. A stipulation that, as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director, Office of Federal
Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities;
4. Agreement by Contractor that it will include or cause to be included the
criteria and requirements of this section in every nonexempt subcontract, requiring that
Contractor will take such action as City may direct as a means of enforcing such
provisions.
In no event, shall any amount of the assistance provided under this contract be
utilized with respect to a facility, which has given rise to a conviction under the Clean Air
Act or the Clean Water Act.
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K. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all other laws, (federal, state and
local) relevant to the performance of this contract, including all ordinances, rules and regulations
of the City of Fort Worth and the Regulations. Contractor further promises and agrees that it has
read, and is familiar with, terms and conditions of the Regulations under which funds are granted
and that it will fully comply with same. It is agreed and understood that, if City calls the
attention of Contractor to any such violations on the part of Contractor or any of its officers,
members, agents, employees, program participants or subcontractors, then Contractor shall
immediately desist from and correct such violation.
13. Prohibition Against Discrimination
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person because of sex, race, religion, color or
national origin, nor will Contractor permit its officers, members, agents, employees,
subcontractors or program participants to engage in such discrimination.
During the performance of this contract Contractor agrees, and will require all its
subcontractors to agree, as follows:
Contractor will not unlawfully discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin.
Contractor will take affirmative action to ensure that applicants are employed and
that employees are treated fairly during employment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
In accordance with the policy of the Executive Branch of the federal government,
Contractor covenants that neither it nor any of its officers, members, agents, employees, program
participants or subcontractors, while engaged in performing this contract, shall, in connection
with the employment, advancement or discharge of employees or in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of their age or
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because of any handicap, except on the basis of a bona fide occupational qualification, retirement
plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit for
such employment unless the specified maximum age limit is based upon a bona fide occupational
qualification, retirement plan or statutory requirement.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for employment with, or
employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply
with ADA's provisions and any other applicable federal, state and local laws concerning
disability and will defend, indemnify and hold City harmless against any claims or allegations
asserted by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this agreement.
This agreement is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the
City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor,
its officers, members, agents, employees and subcontractors, have fully complied with all
provisions of same and that no employee, applicant or program participant has been
discriminated against under the terms of such ordinances by either the Contractor or its officers,
members, agents, employees or subcontractors.
14. Prohibition Against Interest
No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
program funded hereunder during his tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language
prohibiting such interest in all contracts and subcontracts hereunder.
No officer, employee, member or program participant of Contractor or its subcontractors
shall have a financial interest, direct or indirect, in this contract or the monies transferred
hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land,
materials, supplies or services purchased with any funds transferred hereunder, except on behalf
of Contractor, as an officer, employee, member or program participant. Any willful violation �o--f�
Page 14
this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall
render this contract void able by the City of Fort Worth.
No officer, employee, agent, consultant, elected official or appointed official of the
participating jurisdiction, Contractor or its subcontractors who exercised any functions or
responsibilities with respect to activities assisted with HOME funds or who are in a position to
participate in a decision making process or gain inside information with regard to these activities,
may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in
any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure or for
one (1) year thereafter.
15. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by the City of Fort Worth's policy to involve minority and
women disadvantaged business enterprises (MWBEs) in all phases of its procurement practices
and to provide them equal opportunity to compete for contracts for construction, provision of
professional services, purchase of equipment and supplies and provision of other services
required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 11923, and all
amendments or successor policies thereto, into all contracts and will further require all persons or
entities with whom it contracts to comply with said Policy.
16. Assignment
Contractor shall not assign all or any part of its rights, privileges, or duties under this
contract without the prior written approval of City. Any attempted assignment of same without
approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has
the right to inspect and approve in writing any proposed subcontracts between Contractor and
any subcontractor engaged in any activity in conjunction with this HOME funded project prior to
any charges being incurred.
17. Indemnity and Bonding
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, City and its officers, agents, servants and employees from and against any and all claims
or suits for property loss or damage and/or personal injury, including death, to any and all
persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection
with the execution, performance, attempted performance or nonperformance of this contract and
agreement and/or the operations, activities and services of the Program described herein,
whether or not caused, in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors or subcontractors of City; and Contractor hereby assumes
all liability and responsibility of City and its officers, agents, servants, and employees for any and
all claims or suits for property loss or damage and/or personal injury, including death, to any and
Page 15
all persons, of whatsoever kind or character, whether real or asserted, arising out of or in
connection with the execution, performance, attempted performance or nonperformance of this
contract and agreement and/or the operations, activities and services of the programs described
herein, whether or not caused in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors or subcontractors of City. Contractor likewise covenants
and agrees to and does hereby indemnify and hold City harmless from and against any and all
injury, damage or destruction of property of City, arising out of or in connection with all acts or
omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees,
licensees, or program participants, or caused, in whole or in part, by alleged negligence of
officers, agents, servants, employees, contractors or subcontractors of City.
Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in
the amount of Thirty Thousand Dollars ($30,000), to insure against loss from the fraud, theft, or
dishonesty of any of Contractor's officers, agents, trustees, directors, or employees. The proceeds
of such bond shall be used to reimburse City for any and all loss of HOME monies occasioned by
such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that
reimbursement for any loss or losses thereunder shall be made directly to City for the uses and
benefit of Contractor.
17. Waiver of Immunity
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Contractor hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
18. Insurance Requirements
Commercial General Liability(CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto"
Pending availability of the following coverage, and at the discretion of the Contractor, the
policy shall be the primary responding insurance policy versus a personal auto insurance
policy if or when in the course of Contractor's business as contracted herein.
Page 16
s
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, and rehabilitation.
Coverages shall be maintained by Contractor or its subcontractors. In the event
the respective subcontractors do not maintain coverage, the Contractor shall
maintain the coverage on such subcontractor for each applicable subcontract.
Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover the Contractor and any associated Board of
Directors members.
Additional Requirements
Such insurance amounts shall be revised upward at City's option and that Contractor shall
revise such amounts within (30) following notice to Contractor of such requirements.
Contractor will submit to City document that it has obtained insurance coverage and has
executed bonds as required in this contract and prior to payment of any monies provided
hereunder.
Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days
notice of cancellation, non-renewal, and/or material change in policy terms or coverage.
Insurance policies required herein shall be endorsed to include the City of Fort Worth as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of the City of Fort Worth.
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth.
Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement nor as a waiver of the insurance requirements themselves.
Insurers of Contractor's insurance policies shall be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do business in
the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and
solvency and each such company shall have a current minimum A.M. Best Key Rating Guide
Page 17
i
rating of A: VII or other equivalent insurance industry standard rating otherwise approved by the
City of Fort Worth.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by the City of Fort Worth.
In the event there are local, federal or other regulatory insurance or bonding requirements
for the housing program addressed in this contract, should such requirements exceed those
specified herein,the former shall prevail.
Contractor shall agree to require its subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor shall require
its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and,
Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor
endorsed as additional insureds (as their interest may appear) on their respective insurance
policies.
Contractor shall require its subcontractors to maintain builders risk insurance at the limit
of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a
different limit value as specified by the City of Fort Worth.
19. Certification Regarding Lobbjn_�
The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
member of Congress in connection with this federal contract, grant, loan or cooperative
agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
The Contractor shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of federal funds.
Page 18
S
IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract in
Fort Worth, Tarrant County, Texas, this day of 2003.
ATTEST: CITY OF FORT WORTH
.�� By: ✓ f e"
City Secretary Reid Rector
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
r �
r ,
Asst.' �ty Attorney
C, - /?36Z 7
Contract/0'thor' z�tic�n
LLJJ1l ��]J� NEIGHBORHOOD HOUSING SERVICES OF
1
FORT WORTH
Ken Mai a
President
Page 19
J
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Reid Rector, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this J� day of
2003.
�PaYp
ROSELLA BARNES
?�f t�'ci t fir•
NOTARY PUBLIC Not 'Public in and or the State of Texas
J*` State of Texas
%V Comm.Exp.03-31-2005
STATE O
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Ken Majka, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
Neighborhood Housing Services of Fort Worth and that he executed the same as the act of said
Neighborhood Housing Services of Fort Worth for the purposes and consideration therein
expressed and in the capacity therein stated as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this „2S' day of
� , 2003.
Not Public in and for the State of Texas
1µr LYNN BOELTER
Notary Public
* * STATE OF TEXAS
4-40W "� My Comm. Exp.06/28/2008
Page 20
i
EXHIBITS AND ATTACHMENTS
EXHIBIT A-Program Summary
EXHIBIT B-Program Budget
EXHIBIT C-Program Timeline
EXHIBIT D-Independent Audit Requirement
EXHIBIT E-Contract For Construction
EXHIBIT F-Request For Inspection
EXHIBIT G-Program Services
EXHIBIT H-Basic Access Ordinance No. 14171
ATTACHMENT I---- Request For Funds
ATTACHMENT II----Detail Statement of Cost
ATTACHMENT III---Expenditure Worksheet
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
NEIGHBORHOOD HOUSING SERVICES
2002 HOME-CHDO
PERSONAL SERVICES(Support Funds) $50,000
SUPPLIES $0.00
CONTRACTUAL SERVICES(Development Funds) $212,000.00
CAPITAL OUTLAY $0.00
TOTAL $262,000.00
DESCRIPTION:
Neighborhood Housing Services will acquire vacant lots in its target neighborhoods for new home construction.
These newly constructed homes will be sold to low and very-low income homebuyers.
Funds generated from sale of houses will be used to develop additional affordabe homes.
The contract period begins on the date of execution and ends twelve months thereafter.
PROGRAM OBJECTIVES:
To build and sell three(3)houses within the contract period.
PROGRAM MEASURES: Projected
Goals
Number of homes built 3
Number of homes sold 3
2002 CHDO CONTRACT
OPERATING BUDGET
Neighborhood Housing Services EXHIBIT B
Program Mon"` Cumiulabye
Cost Category ACCOUNT Budget < Expenditures to Date ` Balance
PERSONAL SERVICES
Salaries 516010 $21,000.00 $21,000.00
FICA 518010
Life Insurance 518050
Health Insurance 518060
Unemployment- Federal 518090
Unemployment State 518090
Worker's Comp 518040
Retirement 518070
SUPPLIES
Office Supplies 521010
Postage 521020
Teaching Su lies 522030
Food Supplies 522030
Other Op Expenses 523300
CONTRACTUAL SERVICES
Telephone 535040
Electir 535020
Gas 535010
WaterMaste 535030
Rent 537010 $16,000.00 $16,000.00
Custodial Services 539220
Office Equipment 537030
Printing 533030
Repairs 536000
Fidelity Bond 538210
Jability Insurance 534020
Legal 538060
Auto Allowance 532130
Advertising 533010 $13,000.00 $13,000.00
Conf. &Seminars 531180
Contractual Services 539120
Indirect Costs 517010
CAPTIAL OUTLAY
Furniture 54130
Office Equipment 541370
Property Insurance
TOTAL $50,000.00 $50,000.00
�
Namq/and Title of Authorized Officer Signature and Date
Development Budget
Neighborhood Housing Services EXHIBIT B-1
TOTAL
ITEMS COST Project 1 Project 2 Project 3
PREDEVELOPMENT
Market Stud
Site Control
Architechtural Feasibility
Survey 1500 500 500 500
DEVELOPMENT
Land Acquisition 6000 2000 2000 2000
Site Prep 6000 2000 2000 2000
Materials
Labor
Conti enc
TOTAL CONSTRUCTION 192000 64,000 64000 64000
Appraisal
Architechtural Feasibility
Construction Management Fee 1245 415 415 415
City Permits
Insurance
Construction Loan Int.
Real Estate Fees
Utility Hook-ups 750 250 250 250
Title& Record. Fees
Developers Fees 4500 1500 1500 1500
TOTAL DEVELOPMENT COSTS 211995 70665 70665 70665
EXHIBIT C
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EXHIBIT D
INDEPENDENT AUDIT REQUIREMENT
BUSINESS /AGENCY NAME:
PROGRAM:
AMOUNT FUNDED:
Name of Independent Auditor who will perform agency audit:
(Independent Auditor)
Date audit is to be performed:
(Month and Year)
The following language is a condition of your contract with the City:
All non-federal entities that expend $300,000 or more in federal funds within one year,
regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with specific reference to OMB Circular A-133. The audit may
cover either Contractor's fiscal year during which this contract is in force or cover the
period of this contract. The audit must be prepared by an independent certified public
accountant, be completed within (12) months following the end of the period being
audited and be submitted to City within thirty (30) days of its completion. Costs of
preparation of this audit may be an allowable expenditure of federal funds in an amount
proportional to that of the federal funds used in contractor's total agency operating
budget.
Signature
Date
EXHIBIT E
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made between,
("Owner") and ("Contractor"), on this
Day of , 2000 for the purpose of constructing ONE
single family dwelling (s) on a lot(s) provided by the "Owner" within the Corporate
limits of Fort Worth, TX ("Work").
*The lot site address is:.
*Its legal description is:
*Attach an Addendum for multiple units constructed.
The "Owner' Representative" (as defined below) shall compensate the Contractor a total
sum of $ , and no/100.
Payment shall be made in accordance with Article 9 of this Contract.
The date of Commencement shall be ; with a Completion date not to
exceed 120 Days ("Contract Time").
Owner and Contractor hereby agree to the following:
TERIMS AND CONDITIONS
Article 1
GENERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
1.1(a). This Contract, the Infill Program and Specifications for Construction of Single
Family Homes as a requirement of participating in the City of Fort Worth Infill Housing
Program represent the entire and integrated agreement between the parties and are
together referred to as "Contract Documents".
1.1(b). The term "Work" shall mean the construction and services required including all
labor, materials, equipment and services provided by the Contractor to fulfill the
Contractor's" obligations and responsibilities under the Contract Documents.
1.1(c ). The term Owner's Representative shall mean: the City of Fort Worth Housing
Department who provides administration of the Contract as described in the Contract
07/28/00
Documents. The Owner's Representative will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
1.1(d). This Contract may be amended or modified ONLY by a mutually agreed written
modification or in the form of a Change Order. A Change Order shall be a written order
to the Contractor signed by the "Owner" or Owner's Representative to change the Work,
Contract Sum or Contract Time. A change order is a part of this Contract and the
Contract Documents.
1.1(e). The exhibits and addendum's attached together with the change orders are a part
of this contract and binding on all parties. Those items include but are not limited to,
Change Orders, Contractor's Application and Certificate for Payment, Contractor's
Affidavit of Payment of Debts and Claims, and the Certificate of Substantial Completion,
Drawings, and other Specifications.
Article 2
RESPONSIBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
2.1(a). If requested by the Contractor, the Owner shall furnish and pay for a survey and a
legal description of the site.
2.1(b). Except for permits and fees which are the responsibility of the Contractor under
the Contract Documents, the Owner shall obtain and pay for necessary approvals,
easements, assessments and charges.
2.2 OWNER'S RIGHT TO STOP WORK
If the Contractor fails to comply with the Contract terms, the Owner or the Owner's
Representative may direct the Contractor in writing to stop the Work until the correction
is made.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within fourteen days (14) from the date of written notice
from the Owner or Owner's Representative to cure such default, the Owner or Owner's
Representative may, without prejudice to other remedies, cure such defaults. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
Contractor. If the default is not reasonably susceptible to cure by Contractor within the
fourteen (14) day period, Owner will not exercise the option to terminate this agreement
so long as the Contractor has commenced to cure the default within the fourteen (14) day
period and diligently complete the work within a reasonable time.
2 07,128/00
2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION/AWARD SEPARATE CONTRACTS
2.4(a). The Owner reserves the right to perform construction or operations related to the
project with the Owner's own forces, and to award separate contracts in connection with
other portions of the project.
2.4(b). The Owner shall require the Contractor to coordinate and cooperate with separate
contractors employed by the Owner.
2.4(c). The Owner shall require that costs by delays or by improperly timed activities or
defective construction be borne by the party responsible therefor.
2.5 If a defect occurs and if the Contractor does not cure the defect timely according to
the contract provisions the Owner may enter into a separate contract with a third party to
cure their defect. The contractor then shall timely reimburse the Owner for the cost of
contracting with the third party and the cost to cure the defect.
Article 3
RESONSIBILITIES OF THE CONTRACTOR
3.1 EXECUTION OF THE CONTRACT
Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE CONTRACTOR
The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner. Before commencing activities, the
Contractor shall (1) take field measurements and verify field conditions; (2) carefully
compare this and other information known to the Contractor with the Contract
Documents; and (3) promptly report errors, inconsistencies or omissions discovered to
the Owner's Representative.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3(a). The "Contractor shall supervise and direct the Work, using "Contractor's" best
skill and attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for coordinating
all portions of the Work.
3.3(b). The Contractor, as soon as practicable after award of the Contract, shall furnish in
writing to the Owner through the Owner's Representative the names of subcontractors or
suppliers for each portion of the Work. The Owner's Representative will promptly reply
3 07/28,'00
e
to the Contractor in writing if the "Owner" or the Owner's Architect, after due
investigation, has reasonable objection to the subcontractors or suppliers listed.
3.3(c ). The Contractor will comply with Minority/Woman Business Enterprise
(M/WBE) requirements as outlined in the "Specifications for Construction of Single
Family Homes". The Owner has a minimum goal of 40% of the dollar volume of the
contract for MWBE participation.
3.3(d). The Contractor will comply with all local building codes , ordinances and the
Model Energy Code.
3.4 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and
services necessary for proper execution and completion of the Work. The Contractor
shall deliver, handle, store, and install materials in accordance with manufacturer's
instructions.
3.5 WARRANTY
The Contractor warrants to the Owner and Owner's Representative that: (1) materials and
equipment furnished under the Contract will be new and of good quality unless
otherwise required or permitted by the Contract Documents; (2) the Work will be free
from defects not inherent in the quality required or permitted; (3) the Work will conform
to the requirements of the Contract Documents and the Contractor shall provide a ten year
warranty.
3.6 TAXES
The Contractor shall pay sales, consumer, use and similar taxes that are legally required
when the Contract is executed.
3.7 INSURANCE
During the term of this contract and any extension there of, contractor shall maintain an
insurance policy with the following coverage:
3.7 (a) Commercial General Liability Insurance of a minimum of $1,000,000.00 per
occurrence.
3.7 (b) Business Auto Liability Insurance of a minimum of$1,000,000.00 each accident.
3.7 (c) Statutory Workers' Compensation Insurance including employer's liability.
3.7 (d) Builder's Risk Insurance to cover the property in the course of the project (against
fire, hail, theft, etc. of materials and incomplete construction).
3.7 (e) In addition, the City of Fort Worth and Fort Worth Housing Finance Corporation
shall be endorsed as an additional insured on all insurance policies.
4 07/28/00
3.8 PERMITS, FEES AND NOTICES
3.8(a). The Contractor shall obtain and pay for the building permit and other permits and
government fees, licenses and inspections necessary for proper execution and completion
of the Work.
3.8(b). The Contractor shall comply with the notices required by agencies having
jurisdiction over the Work. If the Contractor performs work knowing it to be contrary to
laws, statutes, ordinances, building codes, and rules and regulations without notice to the
Architect, Owner's Representative and Owner, the Contractor shall assume full
responsibility for such Work and shall bear the attributable costs. The Contractor shall
promptly notify the Architect/Owner's Representative in writing of any known
inconsistencies in the Contract Documents with such governmental laws, rules and
regulations.
3.9 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Documents and the Owner.
3.10 SUBMITTALS
The Contractor shall promptly review, approve in writing and submit to the Owner's
Representative Shop Drawings, Product Data, Samples, and similar submittals required
by the Contract Documents. Shop Drawings, Product Data, Samples and similar
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly.
3.12 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
3.13 SECTION 3 CLAUSE
Executive Order 11246 prohibits job discrimination on the basis of race, color, religion,
gender, or national origin and requires affirmative action to assure equality of opportunity
in all aspects of employment. The Contractor also agrees to the following:
A. The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of Section 3 of the Housing
and Development Act of 1968, as amended, 12 U.S.C. 170 1u. Section 3 requires that
to the greatest extent feasible opportunities for training and employment be given
lower income residents of the project area and contracts for work in connection with
the project be awarded to business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
5 07/128,100
B. The parties to this contract will comply with provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The parties to
this contract certify and agree that they are under no contractual or other disability
that would prevent them from complying with these requirements.
C. Contractor shall send to each labor organization or representative of workers with
which he has collective bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or workers' representative of his
commitments under Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
D. Contractor shall include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant or the recipient
of Federal financial assistance, take appropriate action pursuant to the subcontract
upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development 24 CFR 135. The Contractor will not
subcontract with any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135 and will not let any
subcontract unless the subcontractor has first provided it with a preliminary statement
of ability to comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135,
and all applicable rules and orders of the Department issued thereunder prior to the
execution of the contract, shall be condition of the Federal assistance provided to the
project, binding upon the applicant or recipient for such assistance, its successors, and
assigns. Failure to fulfill these requirements shall subject the applicant or recipient,
its contractors and subcontractors, its successors, and assigns to those sanctions
specified by the grant or loan agreement or contract through which Federal assistance
is provided, and to such sanctions as are specified by 24 CFR 135.
3.14 INDEMNIFICATION
Contractor covenants and agrees to and does hereby indemnify, hold harmless and
defend, at its own expense, Owner's Representative, its officers, agents, servants and
employees, from and against any and all claims or suits for property loss or damage
and/or personal injury, including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by Contractor, its officers,
agents, employees, subcontractors, licensees or invitees, whether or not caused, in
whole or in part, by the alleged negligence of the officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees of the Owner's
Representative; and said Contractor does hereby covenant and agree to assume all
liability and responsibility of Owner's Representative, its officers, agents, servants and
employees for any and all claims or suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind or character, whether
real or asserted, arising out of or in connection with, directly or indirectly, the work and
services to be performed hereunder by Contractor, its officers, agents, employees,
6 07'2800
subcontractors, licensees or invitees,whether or not caused, in whole or in part, by the
alleged negligence of the officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees of the Owner's Representative. Contractor
likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner's
Representative from and against any and all injuries, damage, loss or destruction to
property of Owner's Representative during the performance of any of the terms and
conditions of this Contract, _whether arising out of or in connection with or resulting
from, in whole or in part, any and all alleged acts or omissions officers, agents,
servants, employees, contractors, subcontractors, licensees, invitees of Owner's
Representative.
Article 4
OWNER'S REPRESENTATIVE RESPONSIBILITIES
4.1 The Owner's Representative will visit the site at intervals appropriate to the stage of
construction to become generally familiar with the progress and quality of the Work.
4.2 The Owner's Representative will not have control over or be in charge of or be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility. The Owner's Representative will not be responsible for the
Contractor's failure to carry out the Work in accordance with the Contract Documents.
4.3 The Owner's Representative will have the authority to reject Work that does not
conform to the Contract Documents.
4.4 The Owner's Representative's duties, responsibilities and limits of authority as
describes in the Contract Documents will not be changed without written consent of the
Owner.
4.5 Based on the Owner's Representative's observations and evaluations of the
Contractor's Application for Payment, the Owner's Representative will review and
certify the amounts due the Contractor.
4.6 The Owner's Representative will promptly review and approve or take appropriate
actions upon Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents.
4.7 The Owner's Representative will promptly interpret and decide matters concerning
performance under any requirements of the Contract Documents on written request of
either the Owner or Contractor.
7 07'28/00
4.8 The Owner's Representative require additional testing if necessary or minor change
order as provided in Section 6.3.
4.9 The Owner's Representative shall terminate the contract upon written approval by
Owner.
4.10 Interpretations and decisions of the Owner's Representative will be consistent with
the intent of and reasonably inferable from the Contract Documents and will be in writing
or in the form of drawings. When making such interpretations and decisions, the
Owner's Representative will endeavor to secure faithful performance by both Owner and
Contractor, will not show partiality to either and will not be liable for results of
interpretations or decisions so rendered in good faith.
Article 5
TESTING AND INSPECTIONS
5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities
having jurisdiction shall be made at an appropriate time. If the Owner's Representative
requires additional testing, the Contractor shall perform these tests.
5.2 The Owner shall pay for additional tests except for testing Work found to be
defective for which the Contractor shall pay.
Article 6
CHANGES IN THE WORK
6.1 After execution of the Contract, changes in the Work may be accomplished by
Change Order or by order for a minor change in the Work. The Owner, without
invalidating the Contract, may order changes in the Work within general scope of the
Contract consisting of additions, deletions or other revisions, the Contract Sum and
Contract Time being adjusted accordingly.
6.2 The Owner's Representative will have the authority to order minor changes in the
Work not involving changes in the Contract Sum or the Contract Time and inconsistent
with the intent of the Contract Documents. Such changes shall be written orders and
shall be binding on the Owner and Contractor. The Contractor shall carry out such
written orders promptly.
6.3 If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to
equitable adjustment.
8 07/28/00
Article 7
CORRECTION OF WORK
7.1 The Contractor shall promptly correct Work rejected by the Owner's Representative
because of failure to conform to the requirements of the Contract Documents. Such
failure constitutes a default and is subject to the provisions in Section 2.3. The
Contractor shall bear the cost of correcting such rejected Work.
7.2 In addition to the Contractor's other obligations including warranties under the
Contract, the Contractor shall, for a period of one year after Substantial Completion,
correct work not conforming to the requirements of the Contract Documents.
7.3 If the Contractor fails to cure the default in accordance with Section 2.3, Owner may
cure it and the Contractor shall reimburse the Owner for the cost of correction.
Article 8
TIME
8.1 Time limits stated in the Contract Documents are of the essence of the Contract.
8.2 If the work is delayed at any time by change orders, labor disputes, fire, unusual
delay in deliveries, unavoidable casualties or other causes beyond the Contractor's
control, the Contract Time shall be extended by Change Order for such reasonable time
as the Owner's Representative may determine.
Article 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Contract Sum stated in the Contract, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents. A 10% retainage will be required for all projects exceeding
$4000.00.
9.2 APPLICATIONS FOR PAYMENT
9.2(a). At least ten (10) days before the date established for each progress payment, the
Contractor shall submit to the Owner's Representative an itemized "Application for
Payment" for operations completed in accordance with the values stated in the Contract.
Such application shall be supported by data substantiating the Contractor's" right to
9 07/28/00
payment as the Owner or Owner's Representative may reasonably require and reflecting
retainage if provided for elsewhere in the Contract Documents.
9.2(b). The Contractor warrants that title to all Work covered by an Application for
Payment will pass to the Owner no later than the time of payment. The Contractor
further warrants that upon submittal of an Application for Payment, all Work for which
Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and belief, be free
and clear of liens, claims, security interests or other encumbrances adverse to the Owner's
interests.
9.2(c). The Owner's Representative will, within seven days after receipt of the
Contractor's Application for Payment, either issue to the Owner a Request for Payment,
with a copy to the Contractor, for such amount as the Owner's Representative determines
is properly due, or notify the Contractor and Owner in writing of the Owner's
Representative's reasons for withholding payment in part or in whole.
9.3 PROGRESS PAYMENTS
9.3(a). After the Owner's Representative has issued a Request for Payment, the Owner
shall make payment based on a Percentage of Completion schedule provided to the
Owner by the Contractor. This schedule requires mutual agreement evidenced by
signatures representing "both" parties which shall become a part of this Contract.
9.3(b). Upon receipt of payment from the Owner the Contractor shall promptly pay each
subcontractors and material suppliers, out of the amount paid to the Contractor based on
the work completed.
9.3(c). Neither the Owner or the Owner's Representative shall have the responsibility for
the payment of money to subcontractors or material suppliers.
t
9.3(d). A Request for Payment, progress payment, or partial or entire use or occupancy
of the project by the Owner shall not constitute acceptance of Work performed if it is not
in accordance with the requirements of the Contract Documents.
9.4 FINAL COMPLETION AND FINAL PAYMENT
9.4(a). Upon receipt of a final Application for Payment with all required documents, the
Owner's Representative will inspect the Work. When the Owner's Representative finds
the Work acceptable and the Contract fully performed, the Owner's Representative will
promptly issue a final Request for Payment.
9.4(b). Final payment shall not become due until the Contractor submits to the Owner's
Representative releases and waivers of liens, and data establishing payment or
satisfaction of obligations, such as receipts, claims, security interests or encumbrances
10 07/28!00
arising out of the Contract and any other documents, certificates, surveys or warranties
required by Contract Documents.
9.4(c). Acceptance of final payment by the Contractor, a subcontractor or a material
supplier shall constitute a waiver of claims by that payee except those previously made in
writing and identified by that payee as unsettled at the time of final Application for
Payment.
Article 10
SAFETY PRECAUTIONS AND PROGRAMS
10.1 The Contractor shall be responsible for initiating, maintaining, and supervising all
safety precautions and programs, including all those required by law in connection with
performance of the Contract. The Contractor shall promptly remedy loss and damage to
property caused in whole or in part by the Contractor, a subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable.
Article 11
TERMINATION OF THE CONTRACT
11.1 TERMINATION BY THE CONTRACTOR
If the Owner fails to make payments when due or breaches any other terms of this
Contract, the Contractor may terminate the Contract, upon written notice to the Owner,
and recover from the Owner payment for Work executed and for proven loss with respect
to materials, equipment, tools, construction equipment and machinery, including
reasonable overhead, profit and damages.
11.2 TERMINATION BY THE OWNER
11.2(x). The Owner or the Owner's Representative upon written consent from Owner,
may terminate the Contract if the Contractor:
1. consistently, persistently or repeatedly refuses or fails to supply enough
properly skilled workers or proper materials;
2. fails to make payments to subcontractors for materials or labor in
accordance with the respective agreements between the Contractor and the
subcontractors;
3. violates federal, state or local laws, ordinances, rules. regulations or orders
of a public authority having jurisdiction; or
4. is otherwise in breach of a provision of the Contract Documents.
11.2(b). When any of the above reasons exist, the Owner , after consultation with the
Owner's Representative, may without prejudice to any other rights or remedies of the
Owner and after giving the Contractor and Contractor's surety ,if any, written notice,
terminate the employment of the Contractor and may:
11 07/28/00
1. take possession of the site and of all materials thereon owned by the
Contractor;
2. finish the Work by whatever reasonable means or method the Owner may
deem expedient.
11.2(c ). When the Owner or Owner's Representative terminates the Contract for one of
the reasons listed in 11.2(a), the Contractor shall not be entitled to receive further
payment until all the Work is completed and accepted.
11.2(4). If the unpaid balance of the Contract Sum exceeds costs to finish the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Contractor shall pay the difference to the Owner. This obligation for payment shall
survive termination of the Contract.
Article 12
ASSIGNS
12.1 This Contract may not be assigned by either party.
Article 13
GOVERNING LAW
13.1 This Contract shall be governed by and construed in accordance with the laws of the
State of Texas.
Article 14
PERFORMANCE OF CONTRACT
14.1 The obligations under the terms of the contract are performable in Tarrant County,
Texas.
Article 15
VENUE
15.1 The parties hereto hereby consent that venue of any action brought under this
Contract shall be in Tarrant County, Texas.
12 07/28/00
Article 16
SEVERABILITY
16.1 If one or more of the provisions of this Contract is held invalid, unenforceable or
illegal in any respect, the remainder of the Contract shall remain valid and in frill force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in Fort Worth,
Tarrant County, Texas, this day of A.D. 2000.
Owner
Contractor Title
By:
Acknowledged by:
For City of Fort Worth Housing
Department as Owner's Representative
13 07/28/00
ADDENDUM #1
A minimum of five(5) inspections are required:
(1) FIRST REQUIRED INSPECTION
Foundation- No concrete shall be placed without the steel, poly, plumbing and beams
inspection. After inspection is completed and the slab is poured the contractor will
receive the first draw in the amount of 18% of the contract price.
(2) SECOND REQUIRED INSPECTION
Framing- After the house has been framed, decked, cornice installed, roofing and siding
is completed. The contractor will receive the second draw in the amount of 18% of the
contract price.
(3) THIRD REQUIRED INSPECTION
An inspection is required after the brick, windows, electrical rough-in, plumbing top-out,
hvac rough-in and the wall insulation is completed( prior to installation of drywall).
Contractor will receive the third draw in the amount of 18% of the contract price.
(4)FOURTH REQUIRED INSPECTION
An inspection is required after the installation of the drywall, tape/ bed/ texture, trim-out,
interior and exterior paint, floor coverings, cabinets and counter tops and the plumbing
trim-out is completed. The contractor will receive the fourth draw in the amount of 18%
of the contract price.
(5) FIFTH REQUIRED INSPECTION
Final inspection- All finish work completed. Drive and approach, grading, electrical,
hvac, attic insulation and the Building card has been completely signed off as being
complete. The contractor will receive the fifth draw in the amount of 18% of the contract
price.
RETAINAGE
The 10% retainage will be released after completion of the punch list and installation of
the appliances.
Contractor shall give Owner's representative a three (3) day notice to schedule the
required inspections.
14 07/28/00
ADDENDUM #2
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 (e) CONSTRUCTION DRAWS
Progress payment shall coincide with the five (5) required inspections.
ADDENDUM #3
PROPERTY:
The following items are to be included in the contract for construction:
Site prep and dirt work
Driveway
Curb cut
Approach
Water and sewer lines from tap to house
2-10 Home Buyers Warranty
r
15 07/28/00
EXHIBIT F
REQUEST FOR INSPECTION
Agency: Construction Contractor:
Property Address: Contractor's Address:
Draw #
Amt. Requested:
Date: HOME
CDBG
Housing: I hereby agree that the work stated by the contractor has been
accomplished and approve payment to the contractor in accordance
with the agreement, contingent upon inspection. It is understood
that the actual amount disbursed will be based on the findings of that
inspection. I approve payment in the amount of
Housing Program Manager Signature: Date:
Inspection conducted by: I hereby certify that all
work is completed as indicated on the Contractor's payment request.
Signature: Date:
Amt.: RETAINAGE:
EXHIBIT G
PROGRAM SERVICES
MONTH REPORTING
FROM: TO:
I . ACCOMPLISHMENTS PROGRESS PROGRESS %
GOALS THIS MONTH TO DATE =SHED
II . ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTHS:
III. PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED:
IV. ANTICIPATED ACTIVITIES DURING NEXT MONTH:
EXHIBIT H
00 of Fort"W.orth,--•Texas
co air - and uncil Zom' municntidim
�� .
DATE REFERENCE NUMBER LOG NAME F E
4125100 G-12896 05CONSTRUCT 1 of 2
SUBJECT BASIC ACCESS ORDINANCE
RECOMMENDATION:
It is recommended that the City Council approve adoption of the attached ordinance providing
accessibility standards in certain City-assisted housing construction programs.
DISCUSSION:
Subchapter X, Chapter 2306 of the Texas Government Code provides construction requirements for
single-family affordable housing when the construction is funded by federal or state funds. This statute
became effective on September 1, 1999. The statute specifically delineates the requirements for both
exterior and interior accessibility on newly constructed single-family dwellings to provide access to
persons with disabilities. A local work group was formed to further the intent and purposes of this statute
and to provide guidelines in the City-assisted affordable housing construction programs. This work group
is composed of City staff from various departments, representatives from the Fort Worth Mayor's
Committee on Persons with Disabilities, and a representative from the Homebuilders Association. The
work group met, discussed and drafted the attached proposed ordinance which provides the following
conditions and requirements:
1. Applicable dwelling units shall provide one building entrance on an accessible route served by a
no-step entrance or a ramp; and
2. Interior doors and hallways shall provide sufficient widths for the passage of a wheelchair; and
3. Walls shall be reinforced in specified locations for the installation of grab bars, and light switches
and other outlets shall be installed at accessible locations; and
4. The City Building Official may waive the exterior requirements upon review of a written request;
and
5. The City Building Official's decision may be appealed to the City's Construction and Fire
Prevention Board.
Staff believes the proposed ordinance will provide necessary guidelines for builders who participate in
City assisted affordable housing construction programs to provide accessibility to persons with disabilities.
This ordinance will have city-wide effect.
The Safety and Community Development Committee approved this recommendation at its April 11, 2000
meeting.
L
City of Fort Worth, Texas
A ar and coun"t Communication
DATE REFERENCE NUMBER LOG NAME PAGE
4125100 G-12896 05CONSTRUCT 2 of 2
SUBJECT BASIC ACCESS ORDINANCE
FISCAL INFORMATIONICERTIFICATION:
r
The Finance Director certifies that this action will have no material effect on City funds.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER ANIOUNT CITY SECRETARY
Office by: (to)
APPROVED
Libby Watson 6183 CITY COUNCIL
Originating Department Head:
Jerome Walker 7537 (from) APR 25 2000
1
Additional Information Contact:
City secrethr7 0( the
City of Fort?l h.Te:a3
Jerome Walker 7537
l k�L
f_-Innlru! (lrrt;rartTr� t'1n •/
ORDINANCE NO. N/�/
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986) AS AMENDED, BY THE ADDITION OF SECTION 7-50
ENTITLED "ACCESSIBILITY STANDARD FOR CERTAIN CITY
ASSISTED HOUSING CONSTRUCTION PROGRAMS" REQUIRING
CERTIN BUILDING STANDARDS IN CITY ASSISTED HOUSING
PROGRAMS TO PROVIDE BASIC ACCESS TO PERSONS WITH
DISABILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF OTHER ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, persons with disabilities and their immediate families are often isolated
in their own homes because the homes of most of their acquaintances contain
insurmountable barriers, and often experience difficulty in finding a suitable house to rent
or buy; and
WHEREAS, certain features in housing construction make new houses more
accessible and livable for persons with disabilities and thus enhance the quality of life for
these persons.
WHEREAS, the City of Fort Worth is committed to provide accessibility to persons
with disabilities through its housing programs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
i
SECTION 1.
This ordinance is to require certain standards in the construction of new single-family
dwellings, duplexes and triplexes that are constructed with city assistance as defined in
SECTION 2, to make houses more accessible for persons with disabilities.
SECTION 2.
The following requirements shall be applicable to the construction of new single-
family dwellings, duplexes and triplexes ("Applicable Dwelling Units"), with city
assistance. For purposes of this ordinance, "city assistance" shall mean funds for the
construction of Applicable Dwelling Units in any city-funded program, with the funding
source of CDBG, HOME or any other federal, state or local housing programs.
SECTION 3.
The following design requirements shall apply:
Requirement 1. Building Entrances.
Applicable Dwelling Units must provide at least one building entrance on
an accessible route served by a no-step entrance or a ramp in compliance
with the CABO/ANSI-A117.1, Accessible and Usable Buildings and
Facilities Standard, as adopted by the Fort Worth Building Code
("Accessibility Standard") and having a maximum slope not to exceed one
in twelve (1:12); unless it is impractical to do so because of terrain or
unusual characteristics of the site as determined by a City of Fort Worth
building official ("City Building Official") upon review of the written
2
request set forth in SECTION 4. The building entrance doors shall
comply with the Accessibility Standard and shall have a minimum clear
opening of 32 inches. The entrance may be at the front, side or back of a
dwelling as long as it is served by an accessible route such as a garage or
sidewalk.
Requirement 2. Interior doors.
All Applicable Dwelling Units, whether or not on an accessible route,
shall provide doors designed to allow sufficient width for the passage of
wheel chairs.
Except those serving closets less than 15 square feet in area, interior doors
within an Applicable Dwelling Unit must provide a minimum of 30" clear
opening. A 2' 8" door or standard 6' 0" sliding patio door assembly is
deemed sufficient to comply with this requirement, provided however,
compliance with requirements on Maneuvering Clearance at Doors in the
Accessibility Standard shall not be mandatory.
Requirement 3. Accessible routes into and through the Applicable Dwelling Unit.
An Applicable Dwelling Unit must provide an accessible route through the
hallways and passageways of the first floor of the unit. Further, the
accessible route must provide a minimum width of 36", except through
doors, and be level with ramped or beveled changes at door thresholds.
Requirement 4. Wall reinforcement in bathroom.
3
Reinforcement in the walls shall be provided at designated locations as
specified by the Accessibility Standard, so that grab bars may be installed,
if needed, at a later date without the necessity of removing portions of the
existing wall.
Requirement 5. Light switches, electrical outlets, thermostats and other
environmental controls.
All Applicable Dwelling Units shall be designed and constructed to
contain light switches, electrical outlets, thermostats and other controls in
compliance with the requirements of the Accessibility Standard. Where
multiple controls serve the same elements (e.g., two remote switches for a
light) only one must be accessible.
SECTION 4.
SECTION 3 Requirement 1 (Building Entrances) may be waived by the City Building
Official when in his/her opinion, due to grade or site conditions ("Conditions"), access by
ramp is unattainable.
A person requesting said waiver shall file a written request ("Request")-with the City
Building Official at the City of Fort Worth Development Department and include all
documents necessary to prove the existence of the Conditions. The Request shall
demonstrate that the Conditions on the site render it impossible to comply with the
requirements for exterior accessibility in this ordinance.
4
Within 10 calendar days from the receipt of a completed Request, the City Building
Official shall render a written decision. A copy of the decision shall be filed in the
official records of the Development Department. Appeals to the City Building Official's
decision shall be made to the Construction and Fire Prevention Board in accordance with
Section 7-47 of the City Code
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
This ordinance shall take effect and be in full force and effect from and after the date of
its passage, and it is so ordained.
5
9 i
APPROVED AS TO FOP14 AND LEGALITY:
Assistant City Attorney
DATE:_/!1_52
ADOPTED:
EFFECTIVE:
6
CITY OF FORT WORTH ATTACHMENT I
HOUSING DEPARTMENT
SUBGRANTEE'S REQUEST FOR FUNDS
Agency
Program Name:
Contract Number. Report Period:
Date of Request:
CASH BALANCE ANALYSIS FOR
1. Beginning Cash Balance g $
2. Amount Received:
Program Income $ $
City of Fort Worth $ $
Interest Earned $ $
3. Total Funds Available(1 +2) $ $
4. Less Expenditure(detail statement cost) $ $
5. ENDING CASH BALANCE (34) $ $
6. Estimated Expenditures $
7. Funds Needed(6-5) $
8. Less Estimated Program Income $
9. Unpaid Request for Payment Previously Submitted $
10.Amount of This Request(7-8 &9) $
I. MARS-Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/AccountlCenter
C. Total Amount of this Request
1. Verification
A. Model Blocks Planner: / l
B. Contract Manager:
C. Accounting: / l
2. Authorization
A. Agency:
B. Mgmt&Budget
Administrator
Housing Director
u OVER se.soo.00 (Nwne)
CITY OF FORT WORTH ATTACHMENT H
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
CONTRACT NO. DATE ,
AGENCY
TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516010
FICA 518010
Life Insurance 518050
Health Insurance 518060
Unemployment-Federal 518090
Unemployment Tax-State 518090
Worker's Comp 518040
Retirement 518070
SUPPLIES
Office Supplies 521010
Postage 521020
Teaching Aids 522030
Food Supplies 522030
Other Operating Supplies 523300
CONTRACTUAL SERVICES
Telephone 535040
Electric 535020
Gas(Utility) 535010
Water/Waste Disposal 535030
Rent(Building) 537010
Custodial Services 539220
Office Equipment Rental 1 537030
g533030
53600
ond 538210
nsurance 534020
ccountin 538060
Private Auto Allowance-Local 532130
Advertising 533010
Conferences&Seminars 531180
Contractual Services 539120
Indirect Cost 517010
CAPITAL OUTLAY
Furniture,Fixtures 541330
Office Equipment 541370
Property Insurance
TOTAL
Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
CITY OF FORT WORTH ATTACHMENT III
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DMSION
EXPENDITURES WORKSHEET
AGENCY CONTRACT NO. DATE
PROGRAM O
REPORT PERIOD
CHECK
NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
131 1
141 1
151 1
16
17
18
19
20
21
22
23
24
25
TOTAL
Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
City of Fort Worth, Texas
"Cagor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/5/02 **C-19327 05CONTRACTS 1 of 3
SUBJECT AUTHORIZE CONTRACTS WITH NEIGHBORHOOD HOUSING SERVICES OF FORT
WORTH AND TARRANT COUNTY AND SININIAN DEVELOPMENT, INC. IN
SUPPORT OF HOUSING INITIATIVES
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the reallocation and use of $312,000 for Community Housing Development Organizations
(CHDOs) under the federal Home Investment Partnerships Program (HOME) Year 2002; and
2. Authorize the City Manager to execute contracts, not to exceed a combined total of $312,000 in
Fiscal Year 2002 HOME funds, with the following CHDOs to implement their respective projects in
the amounts of:
a) $262,000 to Neighborhood Housing Services of Fort Worth and Tarrant County, Inc. (NHS)
for construction of single family infill housing comprised of the following:
• $212,000 in CHDO Program Funds
0 $50,000 in CHDO Support Funds to assist the organization with payment of operating
costs; and
b) $50,000 to Sininian Development, Inc. in CHDO Support Funds to assist the organization
with payment of operating costs; and
3. Authorize NHS to retain the proceeds as defined by Section 92.300(a)(2) of the HOME program
and in conformance with City policy; and
4. Authorize the contract performance period on both contracts to begin on the date of contract
execution and end twelve months thereafter; and
5. Authorize the City Manager to extend or renew the contracts for up to one year, if the organization
requests an extension; and
6. Authorize the City Manager to amend the contracts, if necessary, to achieve project goals provided
that any such amendment is within the scope of the project and in compliance with applicable laws
and regulations.
City of Fort Worth, Texas
"11.4or And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/5/02 **C-19327 05CONTRACTS 2 of 3
SUBJECT AUTHORIZE CONTRACTS WITH NEIGHBORHOOD HOUSING SERVICES OF FORT
WORTH AND TARRANT COUNTY AND SININIAN DEVELOPMENT, INC. IN
SUPPORT OF HOUSING INITIATIVES
DISCUSSION:
The HOME program is intended to be a partnership between federal, state and local government, and
non-profit and for-profit agencies who build, own, manage, finance and support low-income housing
initiatives.
Participating Jurisdictions (PJs) such as the City of Fort Worth are particularly encouraged to work with
existing community-based, non-profit housing organizations and to help develop new housing non-
profits. To ensure this participation, a minimum 15% of a PJs HOME funds must be set-aside to be
used for Community Housing Development Corporations (CHDOs), and up to 5% may be set-aside to
fund CHDO's operating expenses.
CHDOs are certified by PJs according to specific eligibility criteria. Commitments of HOME funds must
be made according to a timetable established by the U.S. Department of Housing and Urban
Development (HUD).
A Notice of Funding Availability for CHDO funds was issued and the NHS and Sininian proposals were
received in response. Funding for both CHDOs is being recommended as follows:
PROGRAM SUPPORT
AGENCY SCOPE OF WORK FUNDS FUNDS
NHS Infill housing construction (3 units) $212,000 $ 50,000
Sininian Development, CHDO operating expenses for $0 50,000
Inc. development of a housing project
Total $212,000 $100,000
The proposed projects of NHS are located in COUNCIL DISTRICT 5, and Sininian Development, Inc. is
located in COUNCIL DISTRICT 8.
On October 8, 2002, the Economic and Community Development Committee endorsed these
recommendations to the City Council.
I
City of Fort Worth, Texas
41�jeqqor And Council communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/5/02 **C-19327 1 05CONTRACTS 3 of 3
SUBJECT AUTHORIZE CONTRACTS WITH NEIGHBORHOOD HOUSING SERVICES OF FORT
WORTH AND TARRANT COUNTY AND SININIAN DEVELOPMENT, INC. IN
SUPPORT OF HOUSING INITIATIVES
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, as appropriated, of the Grants Fund.
RR:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
1&2a)GR76 539120 005206113xxx $ 27,000.00
Reid Rector 6140 1&2a)GR76 539120 005206128xxx $ 22,123.80
Originating Department Head: 1&2a)GR76 539120 005206698xxx $ 24,007.74
1&2a)GR76 539120 005206772xxx $138,868.46
1&2a)GR76 539120 005206698xxx $ 50,000.00
1&2b) GR76 539120 005206698xxx $ 20,895.67
1&2b)GR76 539120 005206772xxx $ 29,104.33
Jerome Walker 7537 (from) APPROVED 11/05/02
1&2a)GR76 539120 1 005206113130 1 $ 27,000.00
Additional Information Contact: 1&2a)GR76 539120 005206128030 $ 22,123.80
1&2a) GR76 539120 005206698030 $ 24,007.74
1&2a) GR76 539120 005206772030 $138,868.46
1&2a) GR76 539120 005206698020 $ 50,000.00
1&2b) GR76 539120 005206698020 $ 20,895.67
Jerome Walker 7537 1&2b) GR76 539120 005206772020 $ 29,104.33