HomeMy WebLinkAboutContract 29276STATE OF TEXAS
COUNTY OF TARRANT
CITY SECRETARY r)q, r x'
CONTRACT NO. LPL
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 Carver
Heights East Redevelopment Corporation of FW. ("Contractor"), by and through Melinda
Hamiliton, its duly authorized Executive Director. Contractor's business address is P.O. Box
50785, Fort Worth, Texas 76105.
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-03-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
A. Purpose
The express purpose of this contract is to provide Contractor with HOME funds not to
exceed TWO HUNDRED THOUSAND DOLLARS and No/100 ($200,000.00), for housing
development in accordance with "Exhibit "A" — Program Summary".
ONE HUNDRED FIFTY THOUSAND DOLLARS and No/100 ($150,000.00) is
designated as " Program Funds", and may be used for housing development activities, the
construction of new single family homes, acquisition/rehabilitation of existing homes, for sale to
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low income homebuyers. The following are the specific activities that are eligible for funding: 1)
acquisition of vacant properties; 2) site preparation; 3) related soft costs such as appraisal fee,
architect's and engineer's fees, city permits, legal fees, and costs associated with the
development and sale of homes; 4) new home construction and rehabilitation of houses to sale to
qualified homebuyers. FIFTY THOUSAND DOLLARS and No/100 ($50,000) shall be for
"Operating Support", and may be used for operating expenses in the management of the
organization
The eligible costs are those allowed under the HOME regulations for the specific
activities mentioned in the above paragraphs. These funds will be disbursed to Contractor on a
drawdown basis upon request to develop the housing projects.
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.
B. Duration/Period of Affordability
This initial term of this contract shall be for two years from the date of execution of this
contract. Thereafter it may be renewed in increments of one year upon agreement by the parties
except that the provisions relating to affordability shall remain in effect through the period of
affordability of the last house sold under this program as provided in Section 2 Paragraph 2.
Contractor shall request extensions in writing and submit requests to the City sixty (60) days
prior to the end of the contract.
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 as stated below, the used to produce said housing must be
repaid to the City. HOME-funded homebuyer programs must remain affordable housing for
minimum periods o£ 5 years where the 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;
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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C. Income Requirement and Use of House as Principal Residence
The HOME Program uses the income definitions used in the Section 8 Program. Annual
income includes earned income, income from assets, and income from other sources as defined
by 24 CFR Part 5. Annual income is used to establish homebuyer eligibility. 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.
D. Housing Standards
Housing units rehabilitated under this contract shall meet City of Fort Worth Housing
Quality Standards, City of Fort Worth Housing Rehabilitation Standards and all other applicable
standards under the City Codes and ordinances.
New housing units constructed under this contract shall meet the International Residential
Model Energy Code, the Uniform Federal Accessibility Standards (UFAS), the City's Basic
Access Ordinance No. 14171 attached as Exhibit "E" and all other applicable standards under
the City Codes and ordinances.
E. 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 HOME funds shall be leveraged by other funding
sources.
F. 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,
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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
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.
G. 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.
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, Contractor shall have a reasonable time to cure the
breach. If the Contractor fails to cure the breach within a reasonable time, not to exceed (60)
days, this contract shall automatically terminate.
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.
H. 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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I. 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.
2. DUTIES AND RESPONSIBILITIES OF CITY
A. Disbursement of Funds
The City will furnish federal grant funds, (HUD HOME Investment Partnerships Program
No. M-03-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 an advance
of funds to cover operating expenses will require completion o£ (1) Attachment I "Request
For Funds" form, (2) Attachment II "Detail Statement of Costs" and Attachment III
"Expenditure Worksheet".
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 Payment" form , and a copy of supporting documents, including
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the property sales contract, appraisal, notice to seller, environmental review and contract between
Contractor and builder(Attachment V-Contract For Construction).
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 THOUSAND DOLLARS and No/100 ($200,000.00).
Contractor will use the ONE HUNDRED FIFTY THOUSAND DOLLARS and No/100
($150,000.00) for the acquisition of sites and housing development for low-income homebuyers
(Exhibit"Cl" Development Budget).
FIFTY THOUSAND DOLLARS and No/100 ($50,000.00) shall be for operating support
of housing programs (Exhibit"C" Operating Budget).
Contractor shall be paid on an advance of funds basis for all expenses incurred under this
contract to pay for specific acquisition of lots, and related soft costs pertaining to property
identified for the purpose of this Program. Prior to release of funds for construction draws, work
items must pass inspection by the City's Housing Department inspectors evidenced by a
completed inspection form (Attachment VI-Request for Inspection).
3. DUTIES AND RESPONSIBILITIES OF CONTRACTOR
A. Statement of Work, Budget and Time Line for Goals and Expenditures
Contractor shall construct new houses, acquire and rehabilitate vacant houses and sell
these homes to qualified low-income homebuyers. Contractor shall insure that homebuyers
complete a homeownership training program prior to closing. Contractor shall assist homebuyer
in obtaining closing cost and/or downpayment assistance 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.
By the end of the contract period, the Contractor will have completed and submit
evidence of the following as specified in Exhibit"A":
DEVELOPMENT ACTIVITIES
a) Evidence of control of the site(s) of the proposed housing project, e.g., option to buy,
title, etc.
b) Property appraisal
C) Evidence of appropriate zoning of the site for the proposed housing project.
d) Development budget
e) Housing plans and specifications
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f) Written construction quote from the builder
g) Qualifications and track record of proposed builder(s) and other subcontractors, including
proof of insurance and workers' comp coverage
h) Letter of commitment from any permanent financing lender(s)
i) Develop Housing (2 homes per year)
j) Develop Marketing and Outreach Plan
B. Budget
Contractor agrees that the HOME funds will be expended in accordance with the
projected (Operating Budget Exhibit "C") and (Development Budget Exhibit "Cl") attached
hereto and incorporated for all purposes. Under no circumstances shall the total amount of
program funds expended by Contractor from funds paid by the City exceed TWO HUNDRED
THOUSAND DOLLARS and No/100 ($200,000).
The funds will be payable on a drawdown schedule based on extent of completion of each
house as approved by the City housing inspectors. Contractor shall demonstrate that the HOME
funds shall be leveraged by other funding sources.
C. Time Line for Goals and Expenditures
Contractor shall work in accordance with the schedule in the Program Implementation
Timeline in Exhibit "B" 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 accordance with Sections 92.503(b) and 92.504(c)(3) of the HOME
regulations.
In the event the Contractor administering 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 assts of the HOME program funded under this contract including cash,
interest payments thereon, 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 shall
belong to the City and shall be transferred to the City or to such assignees as the City may
designate.
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E. Affirmative Marketing
Contractor must adopt affirmative marketing procedure 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 set forth in
Section 1, Paragraph 2.
F. Recapture Provisions
Contractor understands that there are specific property recapture requirements on HOME
funded properties and a requirement that a 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.
Any HOME funds invested in housing that fails 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 Attachment IV(a) "Performance Report".
a. Annual income and size of the household of which the client is a
member;
b. Ethnicity and race of the client, using the following categories:
Ethnicity: Hispanic/Latino or Non Hispanic/Latino. Race: White,
Black/African American, Asian; American Indian/ Alaskan Native, Native
Hawaiian/Other pacific Islander, American Indian/Alaskan Native &
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White, Asian & White, Black/African American & White, American
Indian/Alaskan Native & Black/African American, Other Multi-Racial,
and
C. Whether the head of the client's household is male or female;
and
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 lead based paint and Davis-Bacon requirements;
and
1. Compliance with conflict of interest rules.
By the 15th of each month during which this program is supported by the HOME funds
provided under this contract (to be construed as including the use of any asset obtained through
the expenditure of HOME funds), Contractor will supply the City with a report detailing:
a. Program Narrative and Performance Report-Attachment IV and
Attachment IV(a);
b. Expenditure detail-Attachments I, II and III;
The amount of leveraging generated by this grant, including items that qualify as HOME
match.
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Reports shall be submitted in the format specified by City. IF THE REQUIRED
REPORTS ARE NOT RECEIVED BY THE DUE DATE, THE CITY
RESERVERS 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 OMB Circulars A-133 as appropriate. 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-133, 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).
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.
1. 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.
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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)
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 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
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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
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
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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.
K. LEAD BASED PAINT REQUIREMENTS
All inspection and abatement work shall be carried out by the contractor and workers
certified and trained under the Texas Department of Health, Environmental Lead Branch. This
includes inspectors, risk assessors, abatement and hazard reduction contractors.
A written certification must be on file with the City of Fort Worth Lead Hazard
Program, that certifies all firms, abatement supervisors, lead workers, inspectors, and risk
assessors working in the HUD-funded Lead Based Paint Hazard Control Grant are certified
under the laws and regulations of the State of Texas Department of Health, Environmental
Lead Branch.
Comply with appropriate HUD and EPA regulations regarding lead-based paint
notification, disclosure, or work practices during lead hazard control activities.
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Prohibit the use of open-flame burning, chemical strippers containing methylene
chloride, dry scraping, uncontained hydroblasting or hydrowashing, uncontained abrasive
blasting, machine sanding without HEPA attachments or heat stripping above 1100° F as work
practices at anytime.
Dispose of waste resulting from lead hazard control activities in accordance with the
requirements of the appropriate local, State and Federal regulatory agencies. Contractor or
subcontractors must handle disposal of wastes from hazard control activities that contain lead-
based paint, but are not classified as hazardous, in accordance with State or local law or the
HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing
attached as Exhibit "G".
The City of Fort Worth Housing Department will conduct a clearance, or final
inspection of the work performed.
L. 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.
M. 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
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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
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.
Page 15
N. 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 of
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.
O. 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 attached
as Exhibit "F", 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.
P. 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
Page 16
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.
Q. 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
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.
R. 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.
Page 17
S. 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.
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.
T. Additional Requirements
Such insurance amounts shall be revised upward at City's option and that Contractor shall revise
such amounts within thirty(30) days 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.
Page 18
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
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.
U. Certification Regarding Lobbying
The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that:
Page 19
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 20
IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract in
Fort Worth, Tarrant County, Texas, this day of 'J K' •'t�"^p{� , 2003.
ATTEST: CITY OF FORT WORTH
ity Secret Reid Rector
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
C--19 33
Contract Authorization
Ass A. Attorney
Data
CARVER HEIGHTS EAST
REDEVELOPMENT CORP.
By:
Melind a "hxecuitive
Page 21 r.
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 day of
2003
�,�•P vb a ROSELLA BARNES
NOTARY PUBLIC
Nt * State of Texas Notary Public in and for the State of Texas
.� Comm.Exp.03-31-2005
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 Melinda Hamiliton 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
Carver Heights East Redevelopment Corp. and that she executed the same as the act of said
Carver Heights East Redevelopment Corp. 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 3 day of
c9 c- �0 L�tL y_ , 2003.
wlulAM HEwlrr Notary Public in and for the State of Texas
* ' MY COMMISSION EXPIRES
January 27,2007
Page 22
EXHIBITS AND ATTACHMENTS
EXHIBIT A- Program Summary
EXHIBIT B -Program Timeline
EXHIBIT C- Development Budget
EXHIBIT C1-Operating Budget
EXHIBIT D---Independent Audit Requirement
EXHIBIT E---Basic Access Ordinance 14171
EXHIBIT F---Minority/Women Business Enterprise Ordinance 11923
EXHIBIT G-- Lead Based Paint Guidelines
ATTACHMENT- I--------Request For Funds
ATTACHMENT II---------Detail Statement of Cost
ATTACHMENT III--------Expenditure Worksheet
ATTACHMENT IV--------Narrative Report
ATTACHMENT IV(a)---- Performance Report
ATTACHMENT V---------Contract For Construction
ATTACHMENT VI--------Request For Inspection
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
CARVER HEIGHTS EAST NEIGHBORHOOD
2002 HOME
PERSONAL SERVICES (Operating Support) $50,000
SUPPLIES $0.00
CONTRACTUAL SERVICES (Housing Development) $150,000.00
CAPITAL OUTLAY $0.00
TOTAL $200,000.00
DESCRIPTION:
Carver Heights East Neighborhood Redevelopment Corp.will develop affordable housing either through the construction of
of new homes or acquisition and rehabilitation of existing homes in the Carver Heights East Neighborhood to be sold to
to income qualified homebuyers.
Funds generated from sale of houses will be retained by Carver Heights to build additional affordable homes or to
undertake other HOME eligilble activities.
The contract period begins on the date of execution and ends tweve months thereafter.
PROGRAM OBJECTIVES:
To develop and sell two(2) houses within the contract period.
PROGRAM MEASURES: Projected
Goals
Obtain site control
Appraise property
Obtain title policy
Due diligence activities-appropriate zoning,environmental review,liens or other encumberances,minimum
lot size(if new construction),lead paint testing on exisitng houses built prior to 1978 for acquisition/rehab
Housing plans and specifications
Written construction quote from builder
Qualifications and track record of proposed builder(s)and other subcontractors,including proof of insurance
and workers'comp coverage
Letter of commitment from any permanent financing lender(s)
Work write-up and cost estimate for acq./rehab houses
Number of homes developed 2
Number of homes sold 2
Develop marketing and outreach plan
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EXHIBIT C
= z PROPOSD OP11R_A1GzBLTDGL<TTflk2YFrA
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Total CDBG HOME Other Sources
Budget Funds Funds
[A] [B] [C] [D] [E]
Fundraising Development
Fees
Salaries $30,287 $30,287 $0
FICA $1,878 $1,200 $678
Health Insurance
Life Insurance
Unemployment-State
Unemployment-Federal
Worker's compensation $700 $550 $150
Retirement
Misc. Fringe Benefits
Office Sup lies $800 $800
Postage $200 $200
Other Operating Supplies $300 $300
Teaching Aids
k�
Tele lion $800 $667 $133
Electric $1,200 $1,000 $200
Gas (utility)
Watez/Waste $480 $360 $120
Rent $2,500 $800 $1,700
Custodial Services $1,000 $750 $250
Copier $500 $500
Office Equipment $3,000 $2,150 $850
Printing $500 $500
Repairs
Fidelity Bond $600 $600
Liability Insurance $3,000 $3,000
Consultant Fee
Legal&Accounting $3,000 $2,100 $900
Annual Audit $3,500 $2,500 $1,000
Other Professional Services
Private Auto Allowance-local $1,000 $500 $500
Private Auto Allowance-Other
Leased Vehicle Charges
Gasoline, Oil&Lube
Conference & Seminars $1,000 $850 $150
Indirect Cost
mom M-1
Land
Furniture & Fixtures $3,000 $1,186 $1,200 $614
Office E ui ment Rental
Total CDBG Other Sources
Budget Budget
[A] [B] [C] [D] [E]
HOME Fundraising Development
Fees
Salaries $30,287 $27,070 $3,217
FICA $1,633 $1,200 $433
Health Insurance
Life Insurance
Unemployment-State
Unemployment-Federal
Worker's compensation $700 $700
Retirement
Misc. Fringe Benefits
Office Supplies $600 $600
Postage $200 $200
Other Operating Supplies $300 $0 $300
Teaching Aids
ME I ° � ,
Telephone $800 $667 $133
Electric $1,200 $1,200
Gas (utility)
Water/Waste $480 $360 $120
Rent $2,500 $1,700 $800
Custodial Services $2,272 $1,772 $500
Copier $500 $500
Office Equipment $1,000 $500 $500
Printing - $250 $250
Repairs
Fidelity Bond $600 $600
Liability Insurance $3,000 $3,000
Consultant Fee
Legal&Accounting $3,000 $1,000 $1,000 $1,000
Annual Audit $3,500 $1,500 $2,000
Other Professional Services
Private Auto Allowance-local $1,000 $500 $500
Private Auto Allowance-Other
Leased Vehicle Charges
Gasoline, Oil &Lube
Conference& Seminars $850 $350 $500
Indirect Cost
all= NOUN=
Land
Furniture&Fixtures
Office E ui ment Rental
M� 0
EXHIBIT C1
Development Budtet: Two housing opportunities during initial contract period:
ITEMS TOTAL Project 1 Project 2 OTHER AMOUNTS
COST 2000 HOME 2000 HOME SOURCES
I'REDE�ELOPIENT � ��
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�'C�11te�]L1IFTI FeaStbth
a y
DEVELOPMENT COST
5. Land Acquisition $6,000 $3,000 $3,000
6. Building Acquisition
7. Site Preparation $5,000 $2,500 $2,500
S. Materials $76,000 $38,000 $38,000
9. Labor $54,400 $27,200 $27,200
10. Contingency
Total Construction Cost $141,400 $70,700 $70,700
11. Appraisal $1,000 $500 $500
12. Architect&Engineer Fees
13. Construction Management
Fee
14. City Permits $0 $0 $0
15. Insurance $800 $400 $400
16. Construction Loan Interest
17. Property Survey
18. Legal Fees $750 $375 $375
19. Real estate fees
20. Utility hook-up fees $350 $175 $175
21. Title&Recording fees $300 $150 $150
22. Developers fees $4,400 $2,200 $2,200
Total Soft Cost $7,600 $3,800 $3,800
TOTAL DEVELOPMENT COST $150,000 $75,000 $75,000
EXHIBIT D
INDEPENDENT AUDIT REQ=MENT
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 sourcd 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 up blic
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
0 of Fort`Worth,=Texas -
C C, dog
DATE REFERENCE NUMBER L.OG NAME PAGE t
4/25/00 G-12896 05CONSTRUCT . 1 of
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 Homebbilders 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.
City of Foil Worth, Texas
U a 0
P Unlyor and 4:ounci I 4:omm ' ni.c 0 '. n
DATE REFERENCE NUMBER. LOG NAME PAGE
4125/00 G-12896 05CONSTRUCT 2 of 2
SUBJECT BASIC ACCESS ORDINANCE -
FISCAL INFORMATION/CERTIFICATION:
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 AMOUNT CITY SECRETARY
Office by: (to)
tov�q
Libby Watson 6183 CITY COUNCIL
Originating Department Head:
APR 25 2000
Jcromc Walkcr 7537 (from)
Additional Information Contact; I i
•• Ctry Secre`?r; of t,,e
City of Fort glor h.Tez-3
Jcromc Walker 7537
ORDINANCE /
lD !
NCE NO.
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 CI'T'Y
ASSISTED ROUSING CONSTRUCTION PROGRAMS11 REQIT=G
,CERT1W BUILDING STANDARDS IN CITY ASSISTED HOUSING
PROGRAMS TO PROVIDE BASIC ACCESS TO PtRSONS WITH.
DISABILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE. OF OTHER ORDINANCES.; PROVIDING A
SEVERADMITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
W IEREAS, 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 North 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:
1 '� "
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: w
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 CABOIANSI-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 ofricial ("City Building Official") upon revlcw 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 Buildin
g
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,
parag;raph 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
APPROVED AS TO FO AND LEGALITY:
u-
Assistant City Attorney
DATE:
ADOPTED: L 51oD
EFFE(,'TIVET T4Z ���
EXHIBIT F
ORDINANCE NO.
REPEALING ALL MINORITY AND WOMEN BUSYNESS ENTERPRISE
POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES
PREVIOUSLY ADOPTED; ADOPTING AN ORDINANCE TO REMEDY THE
UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES , AND TO
ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY
BUSINESS - ENTERPRISE, AN D WOMEN BUSINESS ENTERPRISE FOR
PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS
ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PARTICIPANTS TO
BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH
THE CITY REGULARLY SOLICITS ; ADOPTING THE U. SMALL
BUSINESS ADMINISTRATION'S DEFINITION FOR A SIZE S.S .TANDARD;
ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS
ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE
SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND
PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC.
GOALS ; PROVIDING GENERALLY FOR THE PROCEDURES TO BE
FOLLOWED IN THE BID/PROPOSAL, PROCESS ; REQUIRING BIDDERS
TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE
RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS ; ESTABLISHING
WAIVER OF GOALS PROCEDURES ; ALLOWING FOR DEBARMENT FOR
MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE;
PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS , the City council commissioned an Availability/Disparity
Study (Study) conducted by Browne, Bortz & coddington,
Inc. (BBC) and a Public Hearing (Hearing) conducted by
Carl Anderson, Esq, and found disparities in the
utilization of minority and women business enterprises in
contracts awarded by. the City of Fort Worth (City) ; and
WHEREAS , the Study and Hearing .found that discrimination occurred
in the major contracting areas (construction, purchasing,
and professional services) of the City of Fort Worth and
resulted in significant underutilization of minority and
women business enterprises , and
WHEREAS , minority and women business enterprises have had and
continue to have difficulties in' obtaining financing,
banding , credit, insurance , and assistance programs -have
not been effective in either remedying the eventing
underutilization underutilization in City contracting or in p
ongoing underutilization; and
WHEREAS , the Study and the Hearing . determined that race-neutral
alternatives for enhancing minority and women business
enterprise contracting are not completely sufficient ; and
WHEREAS , the City has also been a passive participant in
discriminatory behavior practiced by private industry
within the relevant Marketplace in the award of contracts
SECTION 2.
The ultimate goal of this ordinance is to remedy the effects
Of past underutilization in the Marketplace by increasing the use
of minority and women business enterprises above the present low
level to one more comparable to their .availability in -the Fort
Worth Marketplace. The City Council shall set an annual goal for
MBE and WBE participation in City procurement activities, based
upon the availability within the Marketplace. The initial goals,
based upon availability, shall be thirteen percent (131c) for
minority businesses and twelve percent (121) for women businesses
and shall be reviewed as provided for elsewhere herein. These
goals are not quotas. '
SECTION 3.
The provisions of this ordinance shall apply to all contracts
awarded by the City, 'except as may be hereafter specifically
exempted, and shall be liberally construed for the accomplishment
of its policies and purposes. Specific goals shall be established
in the areas of construction, professional services and purchases
Of other goods and services. Goals may be set on individual
Projects based on the type of work or services to be performed, or
goods to be acquired and the availability of minority and women
businesses in the City's Marketplace.
SECTION 4 .
The provisions of this ordinance shall be consiclered in
determining the responsiveness to specifications of offerors to
the bid/proposal . The Cit
y shall consider the offeror's
t
responsiveness to this ordinance in the evaluation of
bids/proposals and shall award contracts to the lowest responsible
offeror meeting the specifications, inclusive of compliance to this
minority and women business enterprise ordinance.
SECTION S .
Debarment procedures shall be established for firms willfully
misrepresenting the facts in compliance with this ordinance to the
City.
SECTION 6 .'
Waiver procedures to the , regulations established in this
ordinance shall be provided for City procurement activities where
a public calamity requires the emergency expenditure of funds; the
purchase of goods or services from sources) where subcontracting
or supplier opportunities are nonexistent; where an economic risk
or undue delay for the acquisition of goods or services will be
imposed on the City, or when the availability of minority and women
businesses is negligible.
SECTION 7 .
From and after the date this ordinance takes effect, it shall
supersede all previous City Council Policies affecting minority and
women business enterprise and disadvantage business enterprises .
SECTION 8 .
The City Manager, with the advice and counsel of the
Disadvantaged Business Enterprise Advisory Committee ( "DBEAC" ) in
accord with City of Fort Worth Resolution No. 1148 , is hereby
i
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.yr
authorized to establish, implement and administer regulations
necessary to carry out the -intent of this ordinance.
SECTION 9 .
The City Council ' shall regularly, at least every three (3)
years, determine whether there is a continuing need for a •minority
and women business enterprise program, make relevant findings, and,
if necessary, repeal in whole or in part or enact appropriate
amendments to this ordinance."
SECTION 10.
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, arid, 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 th'is �ordinance of
i
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 11.
This ordinance shall take effect and be in full force and
effect from on and after June 1, 1995; provided, however, that this
ordinance shall not affect any procurement activity wheie formal
solicitation began before the effective date of this ordinance, and
it is so ordained .
APPROVED 'AS TO FORM AND LEGALITY:
��ity Att _
Date: 4 �
ADOPTED:
EFFECTIVE•
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ATTACHMENT I
I. DEFINITIONS •
1. "Bidder" means any person, firm, corporation, or partnership
which submits a bid or proposal to provide labor, goods or
services to the City for which City funds are expended. The
term. includes "Offeror" as well as offers received from
providers of professional services.
2 . "Certified" means those firms, within the Marketplace, that
are certified by either the North Central Texas Regional
Certification* Agency (NCTRCA) or the Texas Department of
Transportation .(TxDOT) , highway division.
3 . "City" means the City of Fort Worth, Texas .
4 . "Construction" means the erection, rehabilitation, alteration,
conversion, extension, demolition, improvement, remodeling or
repair to any real property;- including streets, storm drains
and facilities providing utility service owned by the City.
S. "Contract" means a binding agreement whereby the City either
grants a privilege or is committed to expend or does expend
its funds or other resources for or in connection with a)
construction of any public improvement, and b) purchase of any
services (including professional services) . The term includes
"Purchase order" .
6. "Contract Officer"- means the person employed by the City to
oversee the performance of the contract.
7 . "Contracting Department"means the department responsible for
payment of contract obligations. .
8 . "Contractor" means the person, firm, corporation, or
partnership with whom the -City has entered into an agreement.
Includes the, terms "Vendor" and "Prime Contractor":
9 . "Coordinator" means the administrator of the MBE/WBE Office.
10. "Good Faith Effort" means having: absence of malice or any
intentions to deceive; good intentions and sincerity to meet
the goals of this ordinance. Documentation submitted .by the
bidders to explain why its good and honest efforts did not
meet or exceed the stated MBE/WBE goals . Compliance with each
of the following steps shall satisfy the Good Faith Effort
requirement absent proof of fraud, misrepresentation, or
intentional discrimination by the bidder:
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10 . 1 . List each and every subcontracting and/or supplier
opportunity , for the completion of this project.
10 . 2 . Obtain a current (less than two (2) months old from
the bid open date) list of M/WBE subcontractors
and/or suppliers from the City's M/WBE Office.
10 . 3 . Attend the pre-bid conference , if scheduled by the
City, and attempt to utilize M/WBEs that attended.
10 . 4'. Solicit bids from M/WBEs, within the subcontracting
and/or supplier areas previously listed, at least
ten days prior to bid opening by mail .
10 . 5 . Solicit bids from M/WBEs, within the subcontracting
and/or supplier areas previously listed, at least
ten days prior to bid opening by telephone.
10 . 6 . Solicit bids from M/WBEs, within the subcontracting
and/or supplier areas . previously listed, - at least
ten days prior to bid opening by -advertisement in a-
local .newspaper. .
10. 7 . Provide. plans and specifications or information
regarding the location of plans and specification
to M/WBEs.
10. 8 . Submit documentation if M/WBE bids were rejected on
the basis of quotation not being commercially
reasonable, qualifications, etc.
Note : If a . SIC code list of M/WBEs is five or less , the
bidder must contact the entire list to be in
compliance with 10. 4 and 10 . 5 . If a SIC code list
of M/WBEs is more than , five, the bidder must
contact at least two-thirds of the list but not
less than five to be in compliance with 10 . 4 and
10 . 5 .
Note : Bidders who continuously list the same M/WBEs when
contact has previously been unsuccessful as result
of disconnected numbers or returned mail , will not
be deemed in compliance with the Good Faith Effort
requirements .
11 . "Joint Venture" means an association of two or more persons or
businesses to carry out a single business enterprise for
profit for which purpose they combine their property , capital ,
skills , knowledge and management in an agreed to prop®rtionate
share .
_g_
12 . "Marketplace" means the geographic market area represented by
the Fort Worth/. Dallas Consolidated Metropolitan Statistical
Area .
13 . "Minority" means a -citizen of the United. States or lawfully
admitted permanent resident who i's Asian-American; American
Indian, Black or Hispanic.
14 . "Minority Business Enterprise" is defined as a qualified
business concern located in the Marketplace or doing business
in the Marketplace at the time of , bid opening or during
negotiations related to proposals meeting the following
criteria:.
a. which is at least 51 percent owned by one or more
minority persons, or, in the case of any publicly owned
business, at least 51 percent of the stock is owned, by
one or more minority persons; and
b. whose management and daily business operations are
controlled by one or more minority persons who own it;
and
C. meeting the size standards set forth by SBA.
15 . "Procurement" means the buying, renting, leasing or otherwise
obtaining or acquiring any supplies, materials, equipment or
services..
16 . "Prof essional ' Services" means . services which require
predominantly mental or intellectual labor and skills,
includes, but is not necessarily, limited to, architects,
engineers, surveyors, doctors, attorneys, and accountants .
17 . "Project Manager" see Contract Officer.
18 . "Purchasing" means the buying, renting, leasing or otherwise.
obtaining or acquiring any supplies, materials, equipment or
services excluding construction and professional services
previously defined.
19 . "Qualified" means an individual or business entity having
previously performed or received training in the work,
industry or profession required.
20 . "Size Standard" is the average annual gross receipts for a
company and its affiliates for the previous three (3) fiscal
years which must not exceed the amounts as defined by the
United States Small Business Administration' s (SBA) standard
industry classification (sic) codes . These codes are outlined
in the most recent edition of SBA 49 CFR 23 . 62 , Appendix B and
13 CFR 121. 401-407 and 601.
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21.. "Subcontract" means an agreement between the contractor and
another business entity for the performance of work.
22 . "Women Business Enterprise" is defined as a qualified business
concern located in the Marketplace or doing business in the
Marketplace at the time 'of competitive bid opening or during
negotiations related 'to proposals meeting the following
criteria :
a. which - is at least 51 percent owned by one or more
women, or, in the case of any publicly owned business, at
least 51 percent of the stock is owned by one or more
women; and
b. whose management and daily business operations ate
.controlled by one or more women who own it.
C. meeting the size standards set forth by SBA.
II . PPQ(P.AM GOALS
(A) City-wide goals for the utilization of minority business
enterprises (MBE) and women business enterprises (WBE) shall
be reviewed and approved annually by the City Council .
(1). The City Manager shall, on or before October 31 of each
year, beginning October 31,- 1996, conduct an analysis of the
availability of MBEs and WSEs and present to the City Council
an annual report on MBE and WBE availability and utilization.
Based on the availability of MBE/WBEs in the Marketplace and
the City's most recent goals attainment and with the advice
and counsel of the DBEAC; the City Manager shall recommend to
the City. Council reasonable goals for the remainder of the
current fiscal year.
(2) These goals shall be expressed in terms of percentages of
the total dollar value of a-ll contracts to be awarded by the
City', and shall be established separately for categories of
construction, professional services, and purchasing as well as
any other categories that the City Council or City Manager
deem appropriate.
(B) Individual project goals shall be set by the M/WBE Office in
collaboration with the Contract Officer and Risk Management
(where appropriate) prior to solicitation . These project
goals shall be reasonable and shall be based upon :
( 1) Specific subcontracting and/or materials opportunities
required to complete the project, and
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(2 ) The availability of MBE/WBE in the identified
subcontracting and/or materials opportunities in the
Marketplace.
(C) MBE/WBE participation shall be counted toward meeting MBE and
WBE goals in accordance with the following provisions : -
(1) For the purpose of determining compliance with the goals
requirements established in this ordinance, businesses
will be counted as MBE and WBE only when they have been
certified as such prior to award of the bid or proposal.
(2). Any business (es) . listed by an offeror which is not
certified prior to award of bid/proposal will have that
amount of participation deducted from the total MBE/WBE
utilization in order to determine the offeror's
responsiveness.- It 'is the responsibility of -the offeror
to sec6re . -additional certified .or certifiable MBE/WBE
participation before responsiveness to this ordinance is
determined.
(3 ) The off eror may count toward its MBE or WBE goals first
and second tier. MBE and WBE subcontractors and/or
suppliers.
(4 ) The . off eror will be given credit toward the MBE/WBE
contract goal only when the MBE or WBE performs a.
commercially useful function. An MBE or WBE. is
considered to have. performed a commercially useful
function when:
a) it is responsible for the execution of a distinct
element of . the work by actually performing,
managing and supervising the work involved in
accordance with normal business practice; and
b) the. firm receives due compensation as agreed upon
for the work performed.
(5) Regardless ' of whether an arrangement between the
contractor and the MBE/WBE represents standard industry
practice, if the arrangement erodes the ownership,
control or independence of the MBE/WBE or does not meet
the commercially useful function requirement, the offeror
shall receive no credit toward the goals .
(6) An offeror may count toward its MBE or WBE goal "� portion
of the total dollar value of a contract with a joint
venture equal to the percentage of MBE or WBE participa-
tion in the joint venture . The MBE or WBE involved in
the - venture must be responsible for a clearly
defined portion of the work to be performed , equal to a
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share in the ownership, control, knowledge, management,
responsibility, risks, and profits of the joint-venture.
(7) Except for joint ventures, all prime contractors, whether
same be majority firms, MBE or WBE, shall comply with
this- ordinance in order. to be considered responsive.
8 . The bidder may not count toward the goal an agreements
'
( ) Y g Y g
with MBE or WBE that are not located within the (`
Marketplace or otherwise do not meet the guidelines as
set forth in this section. f
l
III . MBE. AND WBE UTILIZATION REOUIREMENTS
(A) In addition to the requirements set forth elsewhere, bid
conditions and requests for proposals shall include a f
statement of both MBE and WBE goals established for the
project.
(B) Bid conditions, , requests for proposals., and, all, other
specifications for contracts to be awarded by the City shall
require that offerors make a good faith effort to subcontract
with or purchase supplies from MBE and WBE.- Such
specifications shall require the offeror to meet or exceed the
stated goals or submit documentation of GFE for all contracts
of $25 , 000 or more to' permit a determination of compliance
with the specifications or requests for proposals .
(C) Construction and Professional Services contracts and such
other contracts which may be competed for under sealed
proposal procedures, (estimated cost of $25 , 000 or more) and
Purchasing contracts (estimated cost of $15 , 000 or more) shall
be awarded and administered in accordance with the following
standards and procedures : .
(1) Competitive bids shall include the MBE and WBE
specifications in the bid specifications . MBE and WBE -
specifications consist of the SPECIAL INSTRUCTIONS TO
BIDDERS , AFFIDAVIT STATEMENT, MBE/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM and the GOOD FAITH EFFORT
FORM.
(a) The AFFIDAVIT STATEMENT shall be submitted with the
bid on the bid opening date.
(b) The MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR
WAIVER FORM and/or the GOOD FAITH EFFORT FORM shall
be submitted to the contracting department-no later
than 5 : 00 p . m . , five ( 5) City business days after
bid opening date .
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(c) An offeror that equals or exceeds the MBE and WBE
project goals , shall submit the MBE/WBE UTILIZATION
FORM.
(d) The PRIME CONTRACTOR WAIVER FORM shall be submitted
with any bid that includes no subcontracting
and/supplier . opportunities . If substantial
subcontracting and/or substantial supplier ,
opportunities. 'arise in the performance of a
contract awarded in reliance on the PRIME
CONTRACTOR WAIVER FORM; the contractor shall notify
the City before subcontracts for work and/or
supplies are let and the contractor shall comply
with the requirements of this ordinance.
(e) GOOD FAITH DOCUMENTATION, including the GOOD FAITH
EFFORT FORM, shall be submitted with any bid and/or
proposal that fails to include MBE/WBE
participation that equals or exceeds the MBE/WBE
project goals .
(f) The submission of the applicable completed form(s)
within the allotted time will be considered when
determining the responsiveness of the bid. Failure
to comply with the bid specifications, inclusive of
the MBE and WBE specifications , shall render the
bid non-responsive.
(2) Other than responses to Requests for Proposals for those
Professional services defined in chapter 2254 of the
Texas Government Code responses to Requests for
Proposals shall include a section which identifies the
particular MBEs and/or WBEs to be utilized in performing
the contract .
(a) Specify as 'to MBEs and WBEs , the estimated
percentage of the MBE and WBE participation, the
type of work to be performed by the MBE or WBE, and
such other information as may reasonably be
required 'to determine the responsiveness to the
Request for Proposal .
(b) Responses that do not meet or exceed the MBE and
WBE utilization goals, as required by the request
for proposal , must submit . a GFE explanation .
Failure to include such GFE explanation shall
render the response non-responsive .
(3 ) Initial responses to requests for proposals for those
Professional services defined in Chapter 2254 of the
Texas Government Code shall not include a response to
the requirements of this ordinance . The City shall
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comply with the requirements of said Chapter and rank
the professional on the basis of demonstrated
competence and qualifications . During negotiating the
contract with the highest ranked professional , the
professional shall respond to this ordinance in the
manner specified in paragraph 2 (a) above .
(4) The GOOD FAITH EFFORT documentation shall demonstrate the
Offeror' s commitment and honest efforts to utilize MBE
-and WBE. The burden of preparing and submitting the GFE
information is on the offeror and will be evaluated as
part of the responsiveness to the bid or appropriate
proposal . Any willful misrepresentation of facts on the
documentation submitted will constitute a basis for
classification as non=responsive and possible debarment.
(5) The contracting department may request the MBE/WBE Office
to waive the goal requirements of this subsection, or to
reduce the amount of the goals, for either or both
MBE/WBE, in accordance' with the provisions of the
Exceptions and Waivers section .
(D) The City Manager, with the advice and counsel of the DBEAc In
accord with City of Fort Worth Resolution No. 1148 , shall
adopt regulations governing the purchase of goods and services
under $15 , 000 .
(E) In addition to such other requirements as may be set forth
elsewhere, the following shall apply to construction, profes-
sional. service, discretionary service, and applicable
purchasing contracts awarded by the City:
(1) Contracts shall incorporate this ordinance by reference,
and shall provide that the failure of any bidder,
contractor or subcontractor to comply with this ordinance
shall be- 'a material breach of contract.
(2) During the term of any contract, any .proposed change or
deletion in MBE/WBE participation identified in the bid,
proposal or contract shall be reviewed by the MBE/WBE
Office to determine whether such change or deletion is
justified in accord with the immediate following two (2)
.paragraphs . Any unjustified change or deletion shall be
a material breach of the contract .
(3 ) Contracts shall require that during the term of the
contract , the contractor shall :
( a) Make no unjustified changes or deletions in its MBE
and 4IBE participation commitments submitted with
the bids , proposals or during negotiations ;
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(b) If substantial subcontracting and/or substantial
supplier opportunities arise during the term of any
contract that - the contractor represented to, the
City that the contractor alone would perform
required by the contract, the contractor shall
notify the City before subcontracts for work and/or
supplies are let and shall be required to comply
with the provisions of this ordinance; and
(c) Maintain records reasonably necessary for monitor-
ing their' compliance with the provisions of this
ordinance.
(4) The contractor shall submit to the MBE/WBE Office for
approval a REQUEST FOR APPROVAL OF CHANGE FORM if , during
the term . of any contract, a contractor wishes to change
or delete one or more MBE and/or WBE subcontractor (s) .
(a) Within three (3) business days after receipt by the
MBE/WBE Office, the Request shall be reviewed . The
Request shall be approved if the change or
.deletions is justified. The following shall
constitute justification for the requested
change or deletion:
(1) an MBE or WBE's failure to provide workers '
compensation insurance evidence as required by
state law; or
(2) an MBE or WBE's failure to provide evidence of
general liability or other insurance under the
same or similar terms as contained in the
contract documents with limits of coverage no
greater than the lower of 1) the limits
required of the contractor by the City; or 2)
the limits contained ' in the contractor' s
standard subcontract or supply agreements used
on other projects ' of similar size ' and scope
and within the contractor ' s normal business
practice with non MBE or WBE subcontractor's
or suppliers; or
(3 ) an MBE or. WBE' s failure to execute the
contractor ' s standard subcontract form in the
amount of the bid , if entering a subcontract
is required by the contractor in its normal
course of business ; or
( 4 ) an MBE or WBE' s default in the performance of
the executed subcontract ; and
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f
(5) all MBE and WBE subcontractors previously
submitting bids for. the work are requested to
bid on the work, and, if reasonably
practicable due to time constraints, the
contractor obtains bids from previously non-
bidding MBEs and WBEs , and no MBE or WBE
subcontractor submits the lowest bid.
(b) If the MBE/WBE Office approves the deletion of an
MBE or WBE and replacement by a. non-MBE or WBE,
such approval shall constitute a post award waiver
to the extent of the value of the deleted
subcontract.
(c) I.f the MBE/WBE Office denies the Request for Change
or Deletion , the contractor may appeal the denial
to the City Manager whose decision will be final.
NOTE: The contractor shall_ 'submit such documentation
as may reasonably be ,requested by the MBE/WBE
Office to support the contractor's request.
The time between the request by the MBE/WBE
Office for additional documentation and the
delivery of such documentation shall not be
included within the time period that the
MBE/WBE Office is required to respond.
NOTE: Upon completion of the contract and within ten
( 10) days after receipt of final payment from
the City, . the contractor shall provide the
MBE/WBE Office with documentation to reflect
the final participation of each subcontractor
and/or supplier used on the project, inclusive
of MBEs and WBEs .
(5) Whenever contract, amendments, change order, or extra
work orders are made individually or in' the aggregate,
the contractor shall comply with the provisions of this
ordinance with respect ' to the alternates', amendment,
change orders , or extra work order.
(a) If the amendment, change order, or extra work
affects the subcontract of an MBE or WBE, such MBE
or WBE shall be 'given the opportunity to perform
such amendment, change order or extra work.
(b) If 'the amendment, change order or extra work is not
covered by any subcontract of like or similar work,
is work not to be performed by the contractor , and
the amount of such amendment chance order or extra
work exceeds ten percent ( loo ) of the original
contract amount , the contractor shall comply with
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{
V. PROGRAM ADMINISTRATION
(A) The ,City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution No. 1148 , is
authorized to establish and implement the regulations set
'forth in this ordinance. The 'MBE/WBE Office shall be
responsible for the overall administration of the City' s MBE
and WBE Program, and its duties and responsibilities shall
include :
(1) Recommending' rules and regulations to effectuate this
ordinance;
(2) Maintaining a current listing of certified WBE -and MBE
for distribution internally and externally on contracts;
(3) Providing information and needed assistance to MBE and
WBE to increase their ability to compete effectively. for
the award of City contracts;
(4) Investigating- alleged violations of this ordinance and
making written recommendations to 'appropriate City
authorities for remedial action when appropriate;
(5) Developing and distributing all necessary forms, applica-
tions, and documents necessary to comply with this
ordinance;
(6) Reviewing, on a regular basis , the progress of depart-
ments toward achieving the . category goals for the
utilization of minority and women's business enterprises;
(7) Making recommendations to appropriate City staff
regarding methods to further the policies and goals of
this ordinance;
(8) Determining MBE/WBE compliance on contracts before they
are submitted to the City Council for award;
(9 ) Maintaining accurate contract performance reporting
system; and
(10) Compiling a report reflecting the progress in attaining
the City' s annual goals ; quarterly and annually.
(B) It shall be the responsibility of the contracting department
to ensure that bids or proposals emanating from the department
adhere to the procedures and provisions set forth in this
ordinance .
( 1 ) The department director or designee shall assume primary
responsibility for achie ping the goals of this program
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the provisions of this ordinance with respect to
such amendment, change order, or extra work.
IV_ EXCEPTIONS AND WAIVERS
(A) If a bidder is unable to comply with the goal requirements
established in the Program Goals section of this ordinance,
such 'bidder shall submit one of the two forms listed below
within the allotted time.
(1) A Prime Contractor Waiver Form (Attachment 1B) is
submitted if the bidder will perform the entire contract
without subcontractors or suppliers.
(2) A Good Faith Effort Form (Attachment 1C) is submitted if
the bidder has subcontracting and/or supplier
opportunities but was unable to meet or . exceed the
project M/WBE goals.. The bidder will submit requested
documentation which demonstrates a good faith effort to
comply with the goals requirements as described in the
Program Goals section above.
(B) A contracting department may request the MBE/WBE Office to
waive or modify the goal requirements for MBE and/or WBE by
submitting a Departmental Waiver Form in writing, prior to
solicitation of bids or proposals. The MBE./WBE Office may
grant such a waiver or reduction upon determination that:
(1) The reasonable and necessary requirements of the contract
render subcontracting or other participation of business.
other than the bidder or proposer infeasible; or
( 2) A public or administrative emergency exists which
requires the goods or services to be provided with
unusual immediacy; or
(3) Sufficient. MBE and WBE providing the services required by
the contract are' unavailable in the market area of the
project, despite attempts to locate them; or
(4 ) The application of the provisions .of this ordinance will
impose an unwarranted risk on . the City or unduly delay
acquisition of the goods or services .
( 5) Whenever the MBE/WBE Office denies a request to waive a
goal, the contracting department may appeal that denial
to- the City Manager whose decision on the request shall
be final .
-17-
i
r
and shall review, on a continuing basis, all aspects of
the program' s operations to assure that the purpose is
being attained.
(2 ) The contracting department shall take the following
action to ensure that MBEs and WBEs have the maximum.
opportunity to participate on City contracts:
(a) The advertisements for formal bids required to be
advertised according to statute shall appear in
minority and women-targeted media, no less than 30
days before bids are due for ; specific contracting
opportunities ;
(b) A written notification shall be sent to minority
and women trade associations , contractor's
associations, and minority and women chambers of
commerce about the availability of formally
advertised contracting opportunities no less than
30 days before bids are due;
(c) All contract solicitations shall include the MBE
and WBE policy;
(d) All contracting opportunities shall be evaluated in
an effort to divide the total requirements of a
cbntract to provide reasonable opportunities for
MBE and WBE;
(e) For construction contracts, establish procedures to
ensure that all contractors submitting correct.
invoices are paid twice a month and that
subcontractors are paid " in accord with the
subcontract within five (5) business days after
receipt of payment; a contractor' s failure to make-
payments within five (5) business days shall.
authorize the City to withhold future payments from !
the contractor until compliance with this ordinance
is attained.
(f) Establish guidelines to ensure that a notice to
proceed is not issued until signed letters of
intent or executed agreements with the MBE and WBE
have been submitted;
(g) Ensure that all required statistics and documenta-
tion are submitted to the MBE/WBE Office as
requested; and
(h) If circumstances prevent the contracting department
from meeting the thirty-day advertising and notifi-
cation requirements , the- contracting department
-19-
shall perform extensive outreach to MBE and WBE
associations or other relevant organizations to
inform them of the contracting opportunity.
VI . CERTIFICATION
The City will recognize MBE and WBE that are certified by the Texas
Department of Transportation (TxDOT) , highway division, or the
North Central Texas Regional Certification Agency (NCTRCA) .
VII _ CONTRACT MONITORING, •REPORTING, AND COMPLIANCE
(A) The MBE/WBE Office shall monitor compliance with these
requirements during the term of the contract. -If it is
determined that there is cause to believe that a contractor or
subcontractor has failed to' 'comply '-with any of the require-
ments of this ordinance, or the contract provisions pertaining,.
to MBE and WBE utilization, the MBE./WBE Office shall notify
the. contracting department and the contractor.
The MBE/WBE Office shall attempt to resolve the noncompliance
through conciliation. If the noncompliance- cannot be
resolved, the Coordinator and the contracting department shall
submit written recommendations to the City Manager or
designee, and if the City Manager concurs with the findings,
sanctions shall be imposed as stated in ordinance .
(B) Whenever the MBE/WBE Office finds , after investigation,- that
a contracting department has failed to comply with the
provisions of this ordinance, a written finding specifying the
nature o.f the noncompliance shall , be transmitted to_ the
contracting department, and the MBE/WBE Office shall attempt
to resolve any noncompliance through conference and
conciliation. Should such attempt fail to resolve the
noncompliance, the Coordinator shall - transmit a copy of the
findings of noncompliance , with a statement that conciliation
was attempted and failed, to the City Manager who shall take
appropriate action to secure compliance .
(C) The MBE/WBE Office may require such reports , information , and
documentation from contractors, bidders , contracting agencies,
and the head of any department, division, or office of the
City of Fort Worth, as are reasonably necessary to determine
compliance with the requirements , within ten ( 10) days after
the notice of noncompliance.
(D) Contracting departments shall maintain accurate records for
each contract awarded , including dollar value, the-nature of
the goods or services to be provided, the name of the contrac-
tor awarded the contract , the efforts it employed to solicit
bids from MBE' and WBE, identifying for each its dollar value,
the nature of the goods or services provided, and the name of
the subcontractor.
(E) The City Manager, with the advice .and counsel. of the DBEAC in
accord with City of Fort Worth Resolution No . 1148 , • shall
submit an annual report to the "City Council .on the progress of
the City toward the utilization goals established by this
ordinance, together with an identification of problems and
specific recommendations for improving the City's performance_
J
VIII . DEBARMENT
(A) The misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by an
.offeror will result in the offeror being determined to be an
irresponsible offeror and barred from participating in City
work for a period of time of not less ' than three (3) years.
(B) . The MBE/WBE Office will send a written statement of facts and
a recommendation for debarment to the City ;Mannager . The
City Manager, after consultation with the Department of Law,
will make the decision regarding debarment and send a
certified notice to the Offeror.
(C) An offeror that receives notification of debarment may appeal
to an Appeal Board, hereinafter created, by giving written
notice within ten (10) days from the date of receipt of the
debarment notice, to the City Manager of its request for
appeal .
(D) An Appeal Board., consisting "of not less than three members
appointed by the City Manager with the approval of the City
Council , will meet within thirty (30) days from the date of
receipt of the request for appeal of debarment, unless Offeror
requests an extension of time. The Offeror will be notified
of the meeting time and location.
(E) The Offeror will be afforded an opportunity to appear with
Counsel if they so desire, . submit documentary evidence, and
confront any person the City presents..
(F) The Appeal Board will render its decision not more than thirty
( 30) days of the hearing and send a certified notice to the
Offeror .
(G) If the Appeal Board upholds the original debarment, the
Offeror may appeal to the City Council within ten ( 10) days
from the date of receipt of the Appeal Board ' s decision by
giving written notice to the City Manager .
-21-
(H) The appeal will be placed on the City Council agenda within
thirty '(30) days from receipt of written notice, unless
Offeror requests an extension in writing .
(I) From the date of notification of debarment and during the
pendency of any appeal , the City will not consider offers
from, ..award contracts .to, renew or otherwise extend contracts
with, or contract directly or indirectly through subcontracts
with the . offeror pending the Appeal Board's decision.
IX. SEVERABILITY
If any provision of this attachment or ordinance, the application
thereof to any person . or circumstance is held. invalid for any
reason in a court of competent jurisdiction, such invalidity shall
not affect the other- provisions of any other application of this
attachment or ordinance which can be given effect without the
invalid. provision or application, and to this end, all the
provisions of this attachment or ordinance are hereby declared to
be severable.
EXD-►BTT G LEAD BASED PARU GUIDELINES
Lead-Based paint Regulations Changes
On September 15, 999, HUD issued anew f=ederal lead-based paint regulation implerienfing Title X of the Housing
and Community Development Act of 1992. This regulation manes many important changes in the lead-based paint
requirements applicable to housing funded.through HUD's Community Planning and Development(CPD) programs.
State and local jurisdictions that receive funding from the Community Development Bloc'fi Grant(CDBG) Program,
HOME Program McKinney Act homeless programs and other CPD programs must prepare to meet these
requirements by September 15, 2000.
Attachment I ADDRESSING LEAD-BASED PAINT IN
/ LOCAL HOUSING PROGRAMS-- KEY LESSONS -
Why is Action Needed?
❑ Lead-based paint in older housing is the primary cause of lead poisoning
➢ 64 million homes have lead-based paint.
➢ 20 million homes have conditions that expose families to unsafe levels of lead.
❑ Lead-based paint threatens the health and future of families and our children. Without acton, it also poses a
threat'to housing providers.
❑ Tramendous progress has been made in reducing lead poisoning. Lead-based paint in housing is the final,
remaining source of lead that directly threatens famiiies.
❑ States and communities are meeting the challenge.
➢ The new regulation presents challenges—it will impact housing program production and operations.
I
➢ Programs in many communities are already successfully addressing lead.
➢ Practical actions are available that protect families
Understanding Lead and Lead-Based Paint Hazards
❑.. Lead poisoning does not have obvious symptoms, but it has long-term effects.
➢ Some potential effects include damage to brain and nervous system, loss of intelligence,and learning
difficulties.
i
➢ The only way to know for sure if someone has been poisoned is to perform a blood test.
I
❑ Not all lead-based paint is a hazard. i
➢ Intact lead-based paint does not cause lead exposure.
➢ Lead hazards include deteriorated paint,lead-contaminated dust and lead-contaminated soil. I
Meeting the New Lead-Based Paint Regulation
i
❑ The new lead-based paint regulation emphasizes practical solutions.
i
Required actions depend upon the activity,as well as the amount and duration of Federal assistance.
➢ Lead hazard reduction,rather than abatement.
❑ The regulation gives States and communities flexibility.
2
TAKING ACTION TO ADDRESS LEAD-BASED PAINT
By September 15,2000,successful State and local housing programs receiving Federal funds will have;
❑ Revised their program procedures and documents to implement the additional steps required for
Providing notification
➢ Identifying lead hazards
? Performing lead hazard reduction,using safe work practices and achieving"clearance"
➢ Implementing ongoing maintenance where required
➢ Responding to lead poisoned children
❑ Obtained training for contractors and program staff on lead hazard evaluation and reduction.
• Developed methods and assembled materials to educate rental property owners, homeowners,and occupants
of rental housing about the new requirements.
• Established working relationships with lead professionals and key partners,such as risk assessors and .
clearance technicians, public health deparbDents and HUD lead grantees.
❑ Created procedures for determining when is it more cost-effective to presume that lead hazards are present, and i
when it makes sense to evaluate a property.
r
3
Approach to Load
Hazard Evaluation and
Reduction
• Notification
Load Hazard
Evaluation
Load Hazard
Roduclion
Ongoing Maintenance
EIBLL Requirements
'Options
<$5,000
1.
ATTACHMENT 2—SUMMARY OF LEAD -BASED PAINT REQUIREMENTS BY ACTIVITY
Dbnoharm
AP 4 types
Rehabilitation
(Subpart J)
$5,000 • $25,000
.3. . identlfy.'and:control
toad hazards:. , .
All 4 types
Paint Testing
Repair surfaces
disturbed during
rehabilitation
Safe work practices
Clearance of work site
No
No
' Presurrie load -based.
paint
-Uso safe work pradticos
. on all surfaces
Paint Testing and
RIsk.Assessment
Interim Controls
Safe work practices
Clearance of unit
No
No
Prosurrio load -based'
paint andlor hazards •
>$25;000
4..;.Identifyand abate:
lead h ards : '
All 4types
Paint Testing and
Risk Assessment
Abatement
(Interim Controls on
exterior surfaces not
disturbed by
rehabilitation).
Safe work practices
Clearance of unit
No
No
' 'Presume lead -based
paint and/or hazards
Use standard. treatments: -Abate all applicable
• surfaces
TBRA
(Subpart M)
2;: •Jdentifyand'siablllze'
::,defdtloratdd paint:;:
All 4 types
Visual Assessment
Paint Stabilization
. Safe work practices
Clearance of unit
Yes
Yes
•Test deteriorated paint.
Use safe Work practices.only
.on lead -based paint surface.
A,L,SS,O
(Subpart K)
Homobuyer and Special
Needs'
•2::.ldeniify:and slablliie
• .deterl'orated:pairit' ..
AIM types
Visual Assessment
Paint Stabilization
Safe work practices
Clearance of unit
Yes (if ongoing relationship)
No
Test deteriorated -paint. •
Use safe work practices only
on load -based paint -surfaces.
' Special Needs Housing may be subject to the requirements of Subpart J, M, or K depending. on the naluro of the activity undertaken. However, since most special needs
housing involves acquisition, leasing, support services, and operations, for the purposes of this table, it has been placed in this column.
Attachment 3 -
FOUR APPROACHES TO IMPLEMENTING
LEAD HAZARD EVALUATION AND REDUCTION
APPROACH 1. DO NO HARM
Lead Hazard Evaluation Lead Hazard Reduction Options
Paint testing performed on surfaces Repair surfaces disturbed during Presume lead-based paint is
to be disturbed. work. present.and use safe work practices
Safe work practices used when on all surfaces being disturbed.
v.orking on areas identified as lead-
based paint.
Clearance performed on work site.
APPROACH 2. IDENTIFY AND STABILIZE DETERIORATED PAINT.
Lead Hazard Evaluation Lead Hazard Reduction Options
Visual assessment performed to Paint stabilization of identified Perform paint testing on
.identify deteriorated paint. deteriorated paint. delen.orated paint. Safe.work
Safe work practices used. practice requirements only apply to
lead-based paint.
Clearance performed unit-wide.
APPROACH 3. IDENTIFY AND CONTkbL;LEAD HAZARDS :
Lead Hazard Evaluation Lead Hazard Reduction Options
Paint testing performed on surfaces Interim controls performed on Presume lead based paint and/or
to be disturbed, identified hazards. lead based paint hazards are
Risk assessment performed on Safe work practices used. :present and perorm standard
entire 61ellina, "treatments.
Clearance performed unit-wide.
APPROACH:4. .IDENTIFY AND ABATE LEAD HAZARDS .' _ '
Lead Hazard Evaluation Lead Hazard Reduction Options
Paint testing perfomed on surfaces . Abatement performed on identified Presume lead-based paint and/or
to be disturbed. hazards. lead-based paint hazards are
Risk assessment performed on Interim controls performed on Present and perform abatement on -
entire dwelling. identified hazards on the exterior that all applicable surfaces=
are not disturbed by rehabilitation. deteriorated, impact,fiction,
chewablesurfaces, and surfaces to
Safe work practices used. be disturbed.
Clearance performed unit-vide.
5
ATTACHMENT 4
"LEAD SPEAK" -A BRIEF GLOSSARY
COMMON LEAD-BASED PAINT TERMS
Lead-Based paint: Paint that contains at least 1 milligram per centimetersquare (mg/cm2) of lead. Also measured as greater
than 0.5 percent lead or has 5,000 parts per million(ppm) lead by dry weight.
Lead-Based Paint Hazards: Housing conditions that cause human exposure to unsafe levels of lead from paint. These
conditions include deteriorated lead-based paint;fn'ction, impact or chewable painted surfaces;lead-contaminated dust; or lead-
contaminated soil.
LEAD HAZARD EVALUATION
Visual Assessment:A visual evaluation of interior andexteriorpainted surfaces to identify specific conditions that contribute to
lead-based paint hazards. The assessment is performed by a certified risk assessor or Housing Quality Standards (HQS)
-inspector trained in visual assessment.
Paint Testing:Testing.of specific surfaces, by XRF(x-ray fluorescence)or lab analysis,to determine the lead content of fhese
surfaces, performed'by a certified lead-based paint inspector or certified risk assessor.
Risk Assessment:A comprehensive evaluation for lead-based paint hazards that includes paint testing, dust and soil sampling,
and a visual evaluation. The risk assessment report identifies lead hazards and appropriate Itead hazard reduction methods. A
certified risk assessor must conduct the assessment.
Lead Hazard Screen:A limited risk assessment activity that can be performed instead of a rsk assessment in units that meet
certain criteria(e.g.good condition). The screen must be performed by a certified risk assessor. If the unit fails the lead hazard
screen, a full risk assessment must be performed.
Clearance Examination: Clearance is performed after hazard reduction, rehabilitation or maintenance activi+ues to determine r
a unit is safe for occupancy, It involves a visual assessment,.analysis,of dust and soil samples,and preparation of report:A
certified risk assessor,paint inspector,or clearance technician(independent from entityhndividual conducing paint'stabilization
or hazard reduction)conducts clearance.
LEAD HAZARD REDUCTION
Paint Stabilization: An interim control method that stabilizes.painted surfaces and addressed the underlying cause of
deterioration. Steps include repairing defective surfaces, removing loose paint and applying new paint.
Interim Controls:Set of measures to temporarily control lead-based paint hazards. Interim control methods must to
completed by qualified workers using safe wort: practices. Follow-up monitoring is needed.
Standard Treatments: A complete set of interim control methods that when used together temporarily control all potential lead
hazards in a unit.Because they address all conditions,a risk assessment or other evaluation is not needed.Standard
t:eatments must be completed by qualified vrori ers using safe work practices. As with interim controls,follovr-up monitoring is
needed.
Abatement: Measures to permanently control lead-based paint or lead-based paint hazards.
6
I_EAb POISONING
Environmental Intervention Blood Lead Level;The level of lead in blood that requires intervention in a child under age six.
This is defined as'a blood lead level of 20 pg/dL(micrograms•per deciliter)of whole blood or above for a single test, or blood
lead levels of 15-19 Ng/dL in two tests taken at least three months apart
LEAD-BASED PAINT- KEY UNITS OF'MEASUREMENT
pg (Microgram):A microgram is 1/1000 of a milligram(or one thousand micrograms are needed to equal a milligram). To
put
this unit into perspective, a penny weighs-2 grams. To get a microgram;you would need to divide the penny into 2 million
pieces. A microgram is one of those two million pieces.
ft'- (Square foot): One square foot is equal to an area that has a length ofone foot(12 inches)and a width of one foot(12
inches).
Ng/d L: Micrograms per deciliter, used to measure the level of lead in children's blood to establish whether intervention is
needed. A deciliter is a little less than half a cup. As noted above, a microgram is the same weight as one part of a penny
divided into two million parts.
µg/gram: Micrograms per gram of sample,equivalent to parts per million (ppm) by"v;eight.
pg/ft2: Micrograms per square feet is the measurement used to measure levels of lecd in dust and soil samples.The-clearance
report should have the results listed in pg/tt2(micrograms per square foot).
mg/cm2: Milligrams per square centimeter,used for paint by XRF machines.
percent Percent by weight, used usually for lead-based paint(1 percent'= 10,000µglgram)
ppm: Paris per million by weight, equivalent to pg/gram•(10,000 ppm= I percent).
LEAD-BASED PAINT STANDARDS
Paint— Definition of Lead-Based Paint
Paint that contains at least:
➢ 1 milligram per centimeters square(mg/cmz)of lead;
➢ 0.5 percent lead;or
➢ 5,000 parts per million (ppm) lead by dry weight
Dust—Thresholds for Lead-Contamination (Risk AssessmentlClearance)
➢ Floors 40 pg/ftz
➢ Interior window sills 250 pQ/ft:
➢ Window troughs(Clearance only) 800 pgm=
Soil-Thresholds for Soil Contamination
➢ Play areas used by children under age 6 400}iglgram
Other areas 2,000 uglgrm
7
- t
Attachment 5--SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY
TA13LE 1: REHABILITATION ACTIVITIES
CURRENT REQUIREMENTS NEW REQUIREMENTS
(All activities) < $500blunit $5000-$25,000/unit >$25,000/unit
Applicability Applicability
Under the current regulation,the lead-based paint The new regulation outlines lead-based paint requirements specifically for
requirements for rehabililation are the same as those Federally funded rehabilitation work. These requirements apply to HUD
for other activities. Each CPD program has its ovm programs that provide assistance for rehabilitation,including CPD-fended
lead-based paint regulations. rehabilitation activities.
Lead-based paint requirements are similar across The lead-based paint requirements for rehabilitation work, as-described in thss
CPD programs (most simply refer to 24 CFR 35).The part of the regulation,are the same regardless of the source of program
HOME program has the most extensive guidance on funding,but they differ based on the level of funding to z property.
requiremenls. CDBG applies lead requirements only
to rehabilitation activities.
Notification Notification
Occupants,owner occupants, and purchasers of Same as current requirement
assisted properties must receive notification of the The new regulation also requires written notice to occupants informing.them of
potential presence and hazards.of lead-based paint. lead hazard evaluation or reduction aclivities.
No0ca5on is achieved through the distribution of the
EPAMUD/CPSC lead-based pain]hazard information -
pamphlet
All property ovrners(both subsidized and market rate)
must disclose available information about the
presence of lead-based paint and provide prospective
buyers/occupants with any existing documentation on
known lead-based paint hazards in the dwelling unit-
Visual Inspection Paint Testing Paint Testing and Risk Assessment
Visual inspections must be performed on properties Painted surfaces that will Rehabilitation assistance greater than 55000.per {
constructed prior to 1978 to identify defective paint be disturbed during unit requires a higher level of lead hazard
surfaces. rehabilitation must be evaluation.
tested for lead-based Paint Testing—Test surfacers that will be
paint, unless a surface is disturbed by the rehabilitation for lead-based
assumed to contain lead- paint. For surfaces assumed to contain lead-
based pain I. based paint,tes`,ing is not required. -
• Risk Assessment—An assessment of a -
dwelling to check for the presence of lead-
based paint hazards. It includes a visual
assessment of dust,soil, and paint and a
written report of the results.
• Option for units receiving assistance
between $5,000 and$25,000-The crantee
may assume that lead-based paint and lead
hazards are present,forego the paint teztinc
and risk assessment,and conduct st_ndard
t eatmients.
• Option for units receiving more than
$25,000—The grantee may assume that lead-
based paint and lead hazards are pre:en!,
forego paint tes5ng and risk assessment, and
abate a!!painter surfaces disturbed during
rehabilitator, that are presumed to ha�re lead-
based paint end all presumed hazards.
8
SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY
TABLE 1: REHABILITATION ACTIVITIES (Confinued) -
CURRENT REQUIREMENTS NEW REQUIREMENTS
(All activities) <$5000/unit . $500 •$25,000iunit >$25,000/unit
Treatment Paint Repair Lead Hazard Abatement
Any defective paint surfaces must be safely treated Repair surfaces that are Reduction Any lead-based paint
during rehabilitation. Under the current regulations, disturbed by Any lead-based paint hazards found in units
this requires removal or covering of the defective rehabilitation in a safe hazards found during and common areas
surface. manner. the risk assessment must be controlled
must be controlled using abatement
using interim controls or methods.
abatement methods. Lead-based paint
Standard tieab-nenls hazards on exterior
must be performed surfaces that are not
when no evaluation is disturbed during
conducted and the rehabilitation must be
presence of lead-based controlled using either
paint hazards is interim controls or
assumed.. abatement
Safe.Work Practices Safe tiYork Practices
-Current regulations establish some provisions Rehabilitation work that disturbs surfaces known or assumed to contain lead-
regarding safe and prohibited methods for work. based paint must be.performed using safe work practices; Safe work practices
are not required.for work that disturbs surfaces below de minimis levels, The
new regulation eslablishes more extensive requirements for safe work
practices,including an updated list of prohibiled methods. There are additional
safety precautions for occupant protection,wor',�:site preparation,and cleanup
activities.
Clearance Clearance
Not required. Once hazard reduction work is completed,a clearance examination must be
performed by a certified professional to ensure that no lead-based paint
hazards remain. Clearance is required for alt categories ofrehabilitation
activities.
For rehabilitation assistance <S5,000 per unit,clearance is required only
for the worksite.
For rehabilitation assistance>55,000 per unit,clearance is required for
the unit, common areas,and exterior areas where rehabilitation took
place.
Clearance involves a visual assessment and dust testing after cleanup is
complete, A clearance report must be prepared.if abatement is conducted,an
abatement report is required in place of a clearance report
Ongoing Maintenance and Monitoring Ongoing Maintenance
None required. Owners of rental propertes receiving rehabilitation assistance through the
HOME program must incorporate ongoing lead-based paint maintenance
activities into regular building opera5ons.
EBL Requirements Environmental Intervention Blood Lead Level Requirements
If an EBL child is identified, chewable surfaces must The nevr regulation does not require action by grantees when a child with an
be tested for lead-based paint and treated as environmental intervention blood lead level is found to be living in a unit that has
necessary, received rehabilitation assistance
9
i
TABLE 2: TENANT-BASED RENTAL ASSISTANCE ACTWIT1ES
CURRENT REQUIREMENTS
-Applicability NEW REQUIREMENTS
Applicability
Under the current regulation,the lead-teased paint requirements for The new regulation outlines lead-based paint requirements specifically for
tenant-based rental assistance activities are the same as those for other Federally funded tenant based rental assistance work. These requirements
program activities. Each CPD program has its own lead-based paint apply to HUD programs that•p;ovide assistance for tenant based rental
regulation.
Lead-based paint requirements are similar across CPD progra ms(most assistance,including CPD4unded tenant-based rental assistance activities.
simply refer to 24 CFR 35).The general requirements that apply to all
these programs are described below.
Notification
'-- Notification
Occupants must receive a notification about the potential presence and Same as current requirement,
ha_>ards of lead-used paint. Notification can be achieved through the The new regulation also re^
distribution of the EPA/HUDrCPSC lead-based paint hazard infonation =_ _ tiu,;es v.riC:=n retire to occupants infonr-ing Ltiem, of
pamphlet. lead hazard evalua„on or reduction a::tivities.
All property owners(both subsidized and market rte)must disclose
availablee inform ation about the presence of lead-based paint and
provide prospective buyers/occupants with any existing documentation
of known lead-based paint hazards in the dwelling unit.
Visual Inspection Visual Assessment
Units occupied by families with children under age seven must be Under the new regulation,units occu i=d
Visually inspered for defective paint surfaces prior to occupancy and on must be inspected for de:e' != p` by families with children under ace six
an ongoing basis. P nova d pa sc.facas.A visual assessment is a
visual sea ch for cracking;scaling;p sling,or whipping paint.
Treatment Paint Stabiliulion
Defective paint surfaces must be safely treated within 30 days of the Al! ce delericrated paint surfa s in aldwe_MT)g must undergo paint st_5ilizatien.
inspection either by covering the surface v/ith permanent wall covering Paint stag-AizaGon is similar to the traalmer,t activities required under current
(such as wallboard)o;by s..—,aping and repainting the surface, reg
cyL!cd9nS. However,additional S2fc_'2'crd5 rUSi be IGipl2nlent--d t0 r,iu,^,c(n�
rsk of creating leaded dust.
Safe Work Practices Safe Work'Practices •
Current regulations establish some provisions regardin safe and
9 Pei:t stabilization must
prohibit p=,,om ±using safe won c p-2 toes, The new
d me hcds.for work. regulation has more extensive re^ui =r =,s-
r_ �.,for safe wore practices,including ari
updated list of prohibited methods. There_are additional safety pre-cautions for
occupant prote�ion,Meo site preparation•,,and cleanup activities.
Clearance Clearance
Not required.
A ter paint stabilization,a dearancz exa,;,ins ion must be performed b a
ceiirled professional to ensure that alt r yuired work was done and no le-ad-
based paint hazards remain. Clea,arc• involves a visua!ass--ssm=nt and d_,st
testing ater cleanup is complete_.
Ongoing Maintenance and Monitoring Ongoing Maintenance `
None required. Owners of alt tenant-based rental ass:
� s=nce properties must incorporate
ongoing lead-based paint maintenanoe e:•tivities into.regular building ore2 ons•
E6L Requirements Environmental Intervention Blood Lead Level Requirements
tf an EBL child is identned;chewable surfaces must be tested. If lead- If child with an environmental intervention blond lead level is ident�ed,the
based paint is present,the surfaces must be abated. owner must complete a rsk assessment of the dw•etling unit where the child
resides vrithin 15 calendar days and conduct inter'r controls or ebateme-n!
within 15 c a!endar days of risk assessment to control the identred lead hazrds
The g2nte-2 must communicate_will State and local health agencies to provid?
and receive identification information a`_oul cni!dren with environmental
intervention blood lead levers.Quaiie:fy,cran!ees must match ii-forra5oa cr,
environmental intervention blind lead 1--4 cases with names and addresses of
families re'Illing Fe e_rzl assistance.
10
TABLE 3; ACQUISITION, LEASING, SUPPORT SERVICES, AND
OPERATIONS ACTIVITIES
CURRENT REQUIREMENTS � NEW REQUIREMENTS
Applicability Applicability
Under the current regulation,the lead-based paint requirements for The new regulation outlines lead-based paint requirements specifically for
acquisilion,rasing,support services,and operations activities are the Federally funded acquisition,leasing,support services,and operations work.
same as those for other program activities. Each CPD program has These requirements apply to HUD programs that provide assistance for
its own lead-based pain)regulation, acquisition,leasing,support services,and operations activities,including CPD-
Lead-based paint requirements are similar a:foss CPD programs funded acquisition,leasing,support services,and operations activities.
(most simply refer to 24 CFR 35).However,the HOME prograrn has
the most extensive guidance on requirements,but it diners from other
programs by specifying activities that are exempt. The general
requirements that apply to all these programs are described below.
Notification Notification
Purchasers and occupants of properties constructed prior to 1978 Same as current requirement.
must receive a notification about the potential presence and hazards The new regulation also requires mil",en notice to occupants informing them of
of lead-based paint. This can be achieved through the distribution of lead hazard evaluation or reduction activities.
the EPA/HUD/CPSC lead-based pain)hazard information pamphlet.
All property owners(both subsidized and market rate)must disclose
available inforrnation about the presence of lead-based paint and
provide pros.peclive buyers/occupants with any existing
docuntenlalion on known lead-based painl hazards in the dwelling
unit.
Visual Inspection Visual Assessment
Properties constructed prior to 1978 must be visually inspected for Under the new regulation,inspV ctiens for deteriorated paint surfaces are
defective paint sue a s.
require.'in properties constructed prior to 1978. A visual assessment is a
visual search for cracking,s alirc,piling,or chipping paint.
Treatment Paint Stabilization
Defective pain)sue,aces must be sorely treated either by covering the All detekra=d paint surfaces must undergo pi?int slabilizaticn. Paint
surface with permanent wall covering(such as wallboard)or by slabilizaticn is similar to the treatment activities require-d under currant
soaping and repainting the surface. regulations However,additional safeguards must be implemented to reduce
the risk of l=eaded dust.
Safe Work Practces Safe Work Practices
Current regulations establish some provisions regarding safe and Paint stabilization must be perfor.—ned using scie woex pre mss. The new
prohibited+methods for work, regulation has more extensive requirements for sale work p:-acfices,in
an updaled list of prohibited me-EW-:s. There_are additional sc ety praZ:au5ons
for c upani protection,woiIksite preparation,and cleanup ae`vities.
Clearance Clearance
Not r2quir°d. Aiter,paint stabilization,a ofeaznce examination must be paromned by a
certified professional to ensure'that all required work was done and no lei'
based paint hazards remain.. Clearance involves a visual assessment and dus:
lasting a,er cleanup is complete.
Ongoing Maintenance and hlonhoring Ongoing Maintenance
None required. Grnlecs of acquisition,leasing,support services,and opertions ad-ities
must incorporle ongoing lead-based paint maintenance activides into reu!a:
building operations.
EEL Requirements Environmental Intervention Blood Lead Level Requirements
If,an EBL child is identified,chev;able surfaces must be tested for The new regulation does not require action by grantees when a cii;ld Y;;' 1 an
lead based paint and treated as ner„ess2ry, environmenlal intervenlion blood lez-d level is found to he living in a unit anal
has received a�uisiGon,leasing,support services,or o�2ticns assistance.
11
ATTACHMENT
SPECIAL REQUIREMENTS FOR INSULAR AREAS [24 CFR 35,940]
Insular areas are U.S. territories, including American Samoa,Guam, Mariana Islands, Micronesia,
Republic of the Marshall Islands,Republic of Palau; Puerto Rico, and Virgin Islands. These areas face
conditions that make it an unreasonable burden to meet some of the newlead-based paint rehabilitation
requirements: Special provisions in the new regulation establish less stringent rehabilitation-requirements
for granges in insular areas. Grantees must still meet the new requirements for tenant-based rental
assistance and other program activities(e.g. acquisition,leasing,support service, and operations activities)
that must be met by all grantees.
Federal funding up to and including $5,000 per unit. There are no lead hazard evaluation
requirements in insular area projects receiving this level of funding.However,the lead hazard reduction
requirements are the same. Any paint disturbed during rehabilitation must be repaired,and safe work
practices must be used during rehabilitation and the repair of disturbed paint. After the work is completed,
the workshe must pass a clearance examination before occupants are allowed to retum to areas where
work was performed.
Federal funding over$5,000 per uinit Reduced lead hazard evaluation and reduction
requirements-are established-for projects in insular areas.for.rehabili tation greater than$5,000.-E3efore
rehabilitation worm starts,a visual assessment must be conducted by someone trained to identify
deteriorated paint. (There is no paint testing or risk assessment requirements.) Grantees must conduct
paint stab ilizati.on-on all deteriorated paint and all surfaces that will be disturbed during rehabilitation. (There
are no interim controls or abatement requirements.) The dwelling units and common areas that service
those units must pass a clearance examination before occupants are allowed to occupy rooms or spaces
where paint stabilization took place.
12
F isclosure of information on Lead-Based Paint and/or Lead-Based Paint Hazards
ing Statement
aser of any Interest in residential real ro t such property may present exposure to lead from lead based pan That m llrngawces eulpt ildren 978 is
g lead poisoning. Lead poisoning in young children may produce e aYp y g at risk
arning disabilities, reduced Intelligence quotient; behavioral problems,n d impacted�mermol ry Lead
lso poses a particular risk to pregnant women. The seller of any interest in residential real properly is
required to provide the buyer with anyinformation on lead-based paint hazardsfrom risk assessments or inspections
in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or ins ec tion
for possible lead-based paint hazards is recommended prior to purchase. p
Sellers Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(r) Known lead-based paint and/or lead-based paint hazards are present In the housing
(explain).
(ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards In the housing.
(b) Records and reports available to the seller(check (i) or (ii) below): o
(i) Seiler has provided the purchaser-with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards in the housing(list documents below).
(ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in the housing. p nt
Purchasers Acknowledgment (initial)
(c) Purchaser has received copies of all information listed above.
(d) Purchaser has received the pamphlet Protect YourFamilyfromLeadin Your Home.
(e) Purchaser has (check (i) or (ii) below):
0) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess-
ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or
(ii) waived the opportunity to conduct a risk assessment or Inspection for the presence of
lead-based paint and/or lead-based paint hazards.
Agents Acknowledgment (initial)
(fl Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852 d
aware of his/her responsibility to ensure compliance. 4852(d) and Is
Certification of Accuracy
The following parties have reviewed the Information above and certify, to the best of their knowledge, that the
information they have provided Is true and accurate.
Seller Date
Seller Date
Purchaser Date
Purchaser Date
Agent Date a
Agent Date
Dedarad6n de Informad6n sobre Pintura a Base de Plomo y/o Peiigros de Ia Pintura a Base de
Deciarad6n sobre Jos Pellgros del Plomo. plomo
Se noUflca a todo comprador de cualquler Interes en propledad real resldendal en la cual fue construld una vivlend
resldenclal antes del ano 1978, que dlcha propledad puede presentar una exposlcldn a plomo de la pintura abase de plomo
que podr(a goner a n/nos fdvenes en sltuacidn de rlesgo de desarrollar envenenamlento de plomo. El envenenamlento dee
plomo en nlnos fdvenes puede produdr danos neurold lcos
coclente de In pell ncla reducldo,problemas de comportamiento ymemoria danada. El envenenamlento de plomo nd Izatn
9 pennanentes, Induyendo lncapaddad para el aprendlzafe,
representa un peligro esp.eciai para Ias muferes ernbarazadas. El vencledorde cualqulerinter�s en una propledad prlvada real
residential Ilene la obligaddn de proporclonarle al comprador Coda la Informacldn que posea sobre los pellgros de la pintura
a base de plomo que se hayan determinado en evalciaciones o Insp I o m id que y e sabre los
e e comprad pint ure
cualquler peligro que a base d p o pintura a base de plomo. Se recomlenda realizar una evaluacldn o lnspeccldn de posibles
peligros de la pintura a base de plomo antes de la compra. r
Declarad6n del Vendedor
(a) Presencia de pintura a base de plomo y/o peligros de pintura a base de plomo (marque 0) o(ii)abajo):
(i) Confirmado que hay pintura a base de plomo y/o peligro
(explique). de pintura a base de plomo en la vivlenda
El vendedor no tiene ningun conocimiento de que haya pintura a base de plomo /o eli ro d
pintura a base de plomo en la vivienda: Y p g e
(b) Archivos e Infon-nes disponibles para el vendedor(marque-(i)•6 (ii) abajo): -
W Et vendedor le ha proporcionado al comprador todos los archivos e Informes disponibles rela don a-
dos con pintura a base de plomO y/o peligro de pintura a base de plomo en la vivlenda (anote los
documentos abajo).
El vendedor no tiene archivos ni informes reladonados con pintura a base de plomo y/o peligro de
pintura a base de plomo en la vivienda.
Acuse de Redho del.Comprador(initial)
(c) El comprador ha recibido copias de toda la information indicada arriba.
(d) El comprador ha recibido el folleto titulado Protela a Su Familla del Plomo en Su Casa.
(e) El comprador ha (marque (i) d (ii) abajo):
W recibido una oportunidad por 10 dial (o un periodo de tiempo de mutuo acuerdo) para hater una
evaluacidn o inspection de riesgo de presencia de pintura a base de plomo o de peligros de pintura
a base de plomo, o
renunciado a la oportunid.ad de hater una evaluation o inspection de riesgo de Presencia de
pintura a base de plomo o de peligros de pintura a base de plomo.
Accuse de Recibo del Agente(initial)
(fl El agente le ha informado al vendedor de las obligaciones del vendedor de acuerdo con
42 US,C. 4852(d) y esta consciente de su re'sponsabilidad de asegurar su cumplimiento.
Certifcaci6n de Exactitud
Las partes slguientes han revisado la information que aparece arriba y certifican que, segun su entender, toda la
information que han proporcionado es verdadera y exacta.
Veridedor Fecha
Vendedor Fecha
Comprador Fecha
Comprador Fecha
Agente Fecha
Agente
Fecha
MHz
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� 1 1
Are You Planning To P)uy, Rent, or Renovate
a Herne Built Before T978?
any houses and apartments built before 1.978 have
paint that contains lead (called lead-based paint), Lead
from paint, chips, and dust can pose serious health
hazards if not taken care of properly.
Federal law requires that individuals receive certain information
before renting, buying, or renovating pre-1978 housing:
LAND to
LORDS have disclose known infor-
mation on lead-based paint and lead-based
ai paint hazards before leases take effect.
Leases must include a disclosure form
j. about lead-based paint.
SELLERS have to disclose known informa-
tion on lead-based paint and lead-based
paint hazards before selling a house. Sales
contracts must include a disclosure form
about lead-based.paint. Buyers have up to
10 days to check for lead hazards.
RENOVATORS have to give you this
_.7 am hl
-" p p et before starting work. (After
June 1, 1999.)
IF YOU WANT PMORE INFORMATION
on these requirements, call the
National Lead Information Clearinghouse
at 1-800-424-LEAD,
.......................................................__..............._......_............_.........:.................... .
is document is in the public domain. It. may.. be reproduced by an individual or
organization without permission. Information provided in this booklet is based
upon current scientific and technical understanding of the issues presented and
is reflective of the jurisdictional boundaries established by the statutes governing
the co-authoring agencies. Following the advice given will not necessarily pro-
vide complete protection in all situations or against all health hazards that can
be caused by lead exposure.
IMPORTANT!
lead From Paint, DUst, and
Sail Can Be Dangerous If Not
PA'afiager] Properly
I~ACT: Lead exposure can harm young
Children and babies even before they
are born.
FACT, Even children who seem healthy can
have high levels of.lead in their bodies.
FACT: People can get lead in their bodies by
breathing or swallowing lead dust, or by
eating soil or paint chips containing
lead.
FACT: People have many options for reducing
lead hazards. In most cases, lead-based
paint that is in good condition is not a
hazard.
FiACT: Removing lead-based paint improperly
can increase the danger to your family.
If you think your home might have lead
hazards, read this pamphlet to learn some
simple steps .to protect your family.
< . i
Load Gets in the Sods in Many M
s
1n the, People can get lead in their body if they:
United Put their hands or other objects
States, covered with lead dust in their mouths.
abeLi Eat paint chips or soil that contains
90(),00D lead.
Children ages Breathe in lead dust (especially during
. to 5 have a renovations that disturb painted
surfaces).
blood-lead
leirel abOtre
.1e�Je1 of lead is even more dangerous to children
than adults because:
_ - , Babies and young children often put
Even children their hands and other objects in their
c"Jho _}'3,C1 c �n ear mouths. These objects can have lead
t�et�lih� dust on them.
, �-
hIPIVL clzinger- Children's growing bodies absorb more
ous levees of lead,
1011d in their Children's brains and nervous systems
bodies• are more sensitive to the damaging
effects of lead.
1 /.J
t z' .fir; ti
L..
1 2 ' 4 �
Lead's Effects
If not detected early, children with high
levels of lead in their bodies can suffer
from:
S'> Damage to the brain and
nervous system L�ra.itgra.r,ttl�r,.a
Behavior and learning Hear,° .ti
problems (such as h
yperactivity)
"0' Slowed growth
Hearing problems
Headaches
Lead is also harmful to adults. Adults
can suffer from:
Difficulties during Pregnancy
9p g y
Other reproductive problems (in both
men and women)
High blood pressure
Digestive problems �.a��•K
Nerve disorders
r�-i�i�r1;1��{w
1,' Memory a problems
nd concentration
Q Muscle and joint pain
Lead affects
the body in
many ways.
L here Lead-Based Faint Is Found
In general, Many homes built before 1978 have lead-
the older your based paint. The federal government
hT e' e banned lead-based paint from housing in
1978. Some states stopped its use even
f1lore likely it earlier. Lead can be found:
has lead- In homes in the city, country, or suburbs.
based paint.
In apartments, single-family homes, and
both private and public housing.
Inside and outside of the house.
In soil around'a home. (Soil can pick up
lead from exterior paint or other sources
such as past fuse of leaded gas in cars.)
Checking VOj_jr Family f0ir LO-ad
Get, youir To reduce your child's exposure to lead,
get your child checked, have your home
children and tested (especially if your home has paint
hOMe teSted in poor condition and was built before
ii You think 1978), and fix any hazards you may have.
your borne Children's blood lead levels tend to increase
rapidly from 6 to 12 months of age, and
has high lev- tend to peak at 18- to 24 months of age.
els of lead.
Consult your doctor for advice on testing
your children. A simple blood test can
detect high levels of lead. Blood tests are
usually recommended for:
Children at ages 1 and 2.
1 Children or other family members who
have been exposed to high levels of lead,
Children who should be tested under
Your state or local health screening plan.
Your doctor can explain what the test results
mean and if more testing will be needed.
•
Where Lead Is Likely To 8e a
Hazard
Lead-based paint that is in good condition
is usually not a hazard.
Lead fr6M
Feeling, chipping, chalkin
lead-based paint is a hazard and needs vhic C`71u
immediate attention. "' 11C you
Lead-based paint.may also be a hazard can Sew-, and
when found on.surfaces that children can lead dUSt`
chew or that get.a lot of wear-and-tear. 1i11�11 ch you
These areas include: can't always.
Windows and window sills. S£a, Cah both
Doors and door frames. be serious
Stairs, railings, and banisters. hazards.
d Porches and fences.
Lead dust.can form when lead-based paint
is dry scraped, dry sanded, or heated. Dust
also forms when painted surfaces
bump or rub together Lead chips and
dust can get on surfaces and objects
�'
that people touch. Settled lead dust ~`
r� M
can re-enter the air when people' vac-
uum, sweep, or walk through it. 0011
Lead in soil can be a hazard when
children play in bare soil or when =�
i
y,'x
people bring soil into the house on
their shoes. Call your state agency �
F:
: ...... . .
(see page 11) to find out about test- '
ing soil for lead.
Checking Your Roma for Lead Hazards
You can get your home checked for lead haz-
Just knO'Jving ards in one of two ways, or both:
that a home
A paint inspection tells you the lead
had lead- content of every different type of painted
based paint surface in your home. It won't tell you
mar net tell whether the paint is a hazard or how you
YOU ff there should deal with it.
is a hazard, A risk assessment tells you if there are
any sources of serious lead exposure
(such as peeling paint and lead dust). It
also tells you what actions to take to
address'these-hazards.
I-lave qualified professionals do the work.
There are standards in place for certifying
lead-based paint professionals to ensure the
.work is done safely, reliably, and effectively.
Contact your state lead poisoning prevention .
program for more information. Call 1-80'
424-LEAD for a list of contacts in your area.
FT
£;•:.t
a Trained professionals use a range of methods
y when checking your home, including:
Visu ai inspection of paint condition ition and
location.
A portable x-ray fluorescence (XRF)
machine.
Lab tests of paint samples.
Surface dust tests.
Home test kits for lead are available, but
studies suggest that they are not always
accurate. Consumers should not rely on
these tests before doing renovations or to
assure safety.
J
'lliChat You sari Do NoVV To Protect
Your Family
If you suspect that your house has lead
hazards, you can take some immediate ~
steps to reduce your family's risk:
If you rent notify
t� y your landlord of
peeling or chipping paint.
Clean up p hi
paint chips immediat ely. , f r '_�•�-' •-�-�
Clean floors window frames,
Sills, and other dow
�r surfaces weekly. Use a
mop or sponge with warm water and a
general all-Purpose cleaner or a cleaner ` ` `
made specifically for lead. REMEMBER:
NEVER MIX AMMONIA AND,BLEACH
PRODUCTS TOGETHER SINCE THEY
CAN FORM A DANGEROUS GAS.
4 Thoroughly rinse sponges and mop t
heads after cleaning dirty or dusty - `
areas. L
Wash chi
hands often, especial- A1
Idren s ha
ly before they eat and before nap time
Jt
and bed time. = '
Keep play areas clean. Wash bottles,
pacifiers, toys, and stuffed animals `
regularly.
Keep children from chewing window
sills or other painted surfaces.
Crean or remove shoes before
entering your home to avoid
tracking in lead from soil.
Make sure children eat ICI r�
nutritious, low-fat meals high , . L
l{
M
in iron and c
alcium, such as
ec
spinach and dairy products. �4cj a
Children with good diets absorb �1: i
less lead.
Hoer TO Si,9nificantly Reduce Lead Hazards
Rern-oving In addition to day-to-day cleaning and good
nutrition:
leaCi
You can temporarily reduce lead hazards
traerly by taking actions such as repairing dam-
can h1crease aged painted surfaces and planting grass
the hazard to to cover soil with high lead levels. These
YOUr family actions (called "interim controls") are not
,fly S )iadJl permanent solutions and will need ongo-
g ing attention.
even tnore
lead dusk • To permanently remove lead hazards,
around ou must hire a certified lead "abate-
h, contractor, Abatement (or perma-
>Ouse• nent hazard elimination) methods -
include removing, sealing, or enclosing
AII,113ys £�Se a lead-based paint with special materials.
prOfc—ssionaf L4iho Just painting over the hazard.with
hl; t'`ir(led to paint is not enough: regular
re none iead
hazards saeety: Always hire a person with special training
for correcting lead problems—someone
who knows how to do this work safely and
~ has the proper equipment to clean up
;;.._._ thoroughly. Certified contractors will employ
qualified workers and follow strict safety
r � rules as set by their state or by the federal
govern
_ ; `�'�----=�' •�' Call your state agency 9 y (see page 11) for
<i Jhelp with locating certified contractors in
your area and to see if financial assistance
is available,
SZ
• I
Remodeling or Renovating a Nome With
Lead-Based Faint
Take precautions before your contractor or
you begin remodeling or renovations that
disturb painted surfaces (such as scraping -..�
off
paint or tearing out walls): N
Have the area tested for lead-based
ased
Do not use abelt-sander, propane ; : ,:;
torch, heat gun, dry scraper, or dry
sandpaper to remove lead-based
paint. These actions create large
amounts of lead dust and fumes. Lead-
dust can remain in your home long
after the work is done. if nct
Temporarily move your family es e- COnduc',ed
cially children and pregnant women) Properly,
pet ly,
out of the apartment or house until Ge;_tain types
the work is done and the area is prop- 0 t'e;' oija-
erly cleaned. If you can't move your ions can
family, at least completely seal off the release lead
work area.
Follow other safety measures to fro r'n paint
reduce lead hazards. You can find out and must Into
about other safety measures by calling the air.
1-800-424-LEAD. Ask for the brochure
"Reducing Lead Hazards When
Remodeling Your Home." This brochure
explains what to do before, during,
and after renovations.
.
If you have already com leted renova-
tions
p
or remodeling that could have
released,fead-based paint or dust, get
your young children tested and follow ' "? •_s :. <'
the steps outlined on page 7 of this
brochure.
L � .
9
Other Sources of Lead
Drinking water. Your home might have
Plumbing with lead or lead solder. Call
your local health department or water
. supplier to find out about testing your
water. You cannot see, smell, or taste
lead, and boiling your water will not get
rid of lead. If you think your plumbing
might have lead in it:
• Use only cold water for drinking and
L-187ile paint, dust, cooking.
and soil are the
most c01nr7on Run water for 15 to 30 seconds
lead hazards, before drinking.it, especially if you
oihar lead have not used your water for a few
sources also exist. hours.
.The job. If you work with lead, you
could bring it home on your hands or
clothes. Shower and change clothes
before _coming home, Launder your work
clothes separately from the rest of your
family's cloth
:: t.• - Old painted toys and furniture.
Food and liquids stored in lead crystal
or lead-glazed pottery or porcel
Lead smelters'or other industries that
release lead into the air.
Hobbies that use lead, such as makin g
, pottery or stained glass, or refinishing
furniture.
<� Folk remedies that contain lead, such as
n "greta" and "azarcon" used to treat an
upset stomach.
ti
10
For More Information
The National Lead Information Center
Call 1-800-424-LEAD to learn how to protect
children from lead poisoning and for other
information on lead hazards. (Internet:
www.epa.gov/lead and wvvw.hud.gov/lea).
For the hearing impaired, call the Federal
Information Relay Service at 1-800-877-
8339 and ask for the National Lead
Information Center
nter at -LEAD. \�
EPA's Safe Drinking Water Hotline
Call 1-800-426-4791 ,,,.
for information about
lead in drinking water,
Consumer Product Safety
Commission Hotline =- --_ —
To request information on lead in r U, nom:
consumer products, or to''report an
unsafe consumer product or a prod-
uct-related injury call 1-800-638-
2772. (Internet: www @cpsc.gov). �� —~
For the hearing impaired call TDD 1- 7=' -_-
800-638-8270, E
State Health and Environmental Agencies
Some cities and states have their own rules for lead-based
paint activities. Check with your state agency to see if state
or local laws apply to you. Most state agencies can also pro-
vide information on finding a lead abatement firm in your
area, and on possible sources of financial aid for reducing
lead hazards. Receive up-to-date address and phone infor-
mation for state and local contacts on the Internet at
www.epa.gov/lead or contact the National Lead Information
Center at 1-800-424-LEAD,
' it
;, It
EPA ReglOnal Offices
Your Regional EPA Office can provide further information regard-
ing regulations and lead protection programs.
EPA Regional offices
Region 1 (Connecticut, Massachusetts, Region 6.(Arkansas, Louisiana, New
Maine, New Hampshire, Rhode Island, Mexico, Oklahoma, Texas)
Vermont)
Regional Lead Contact Regional Lead Contact
U.S. EPA Region 1 U.S. EPA Region 6
Suite 1100(CPT) 1445 Ross Avenue, 12th Floor
One Congress Street Dallas, TX 75202-2733
Boston, MA 0211.4.2023 (214) 665-7577
1 (888) 372-7341
Region 2 (New Jersey, New York, Region 7 (Iowa, Kansas, Missouri,
Puerto.Rico, Virgin Islands) Nebraska)
Regional Lead Contact Regional Lead Contact
U.S. EPA Region 2 U.S. EPA Region 7
2890 Woodbridge Avenue (ARTD-RALI)
Building 209, Mail Stop 225 901 N. 5th Street
Edison, N1 08837-3679 Kansas City, KS 66101
(732) 321-6671 (913) 551-7020
Region 3 (Delaware, Washington DC, Region 8 (Colorado, Montana, North
Maryland, Pennsylvania, Virginia, West Dakota, South Dakota, Utah, Wyoming)
Virginia) Regional Lead Contact
Regional Lead Contact U.S. EPA Region 8
U.S. EPA Region 3 (3WC33) 999 18th Street; Suite 500
1650 Arch Street Denver, CO 80202-2466
Philadelphia, PA 19103 (303) 312-6021
(215) 814-5%000
Region 4 (Alabama, Florida, Georgia, Region 9 (Arizona, California, Hawaii,
Kentucky, Mississippi, North Carolina, Nevada)
South Carolina, Tennessee)
Regional Lead Contact Regional Lead Contact
U.S. EPA Region 4 U.S. Region 9
61 Forsyth Street, SW 75 Hawthorne Street
Atlanta, GA 30303 San Francisco, CA 94105
(404) 562-8998 (415) 744-1124
Region 5 (Illinois, Indiana, Michigan, Region 10 (Idaho, Oregon, Washington,
Minnesota, Ohio, Wisconsin) Alaska)
Regional Lead Contact Regional Lead Contact
U.S. EPA Region b (DT-81) U.S. EPA Region 10
77 West Jackson Boulevard Toxics Section WCM-128
Chicago, IL 60604-3666 1200 Sixth Avenue
(312) 886-6003 Seattle, WA 98101-1128
(206) 553-1985
2
CPSC. Regional Offices
Your Regional CPSC Office can provide further information regard-
ing regulations and consumer product safety.
Eastern Regional Center Vkkstern Regional Center
6 World Trade Center 600 Harrison Street, Room 245
Vesey Street, Room 350 San Francisco, CA 94107
New York, NY 10048 (415) 744-2966
(212) 466-1612
Central Regional Center
230 South Dearborn Street
Room 2944
Chicago, IL 60604-1601
(312) 353-8260
1HJD Lead Office
Please contact HUD's Office of Lead Hazard Control for informa-
tion on lead regulations, outreach efforts, and lead hazard control
and research grant programs.
U.S. Department of Housing and Urban Development
Office of Lead Hazard Control
451 Seventh Street, SW, P-3206
Washington, DC 20410
(202) 755-1785
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Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is
notified that such property may present exposure to lead from lead-based paint that may place young children at risk
of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage,
including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead
poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is
required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections
in the seller's possession and note the buyer of any known lead-based paint hazards A risk assessment or inspection
for possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
(ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seller(check (i) or (ii) below):
(i) Seller has provided the purchaser with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards in the housing(list documents below).
(ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in the housing.
Purchaser's Acknowledgment (initial)
(c) Purchaser has received copies of all information listed above.
(d) Purchaser has received the pamphlet Protect YourFamilyfrom Lead in Your Home.
(e) Purchaser has (check (i) or (ii) below):
(i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess-
ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or
waived the opportunity to conduct a risk assessment or inspection for the presence of
lead-based paint and/or lead-based paint hazards.
Agent's Acknowledgment (initial)
(fl Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is
aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the
information they have provided is true and accurate.
Seller Date Seller Date
Purchaser Date Purchaser Date
Agent Date Agent Date
CITY OF FORT WORTH ATTACHMENT I
HOUSING DEPARTMENT
SUBGRANTEE'S REQUEST FOR FUNDS
Agency
Program Name:
Contract Number: Report Period:
Date of Request: ten-
'` .'"'-,.;°'IZs 7Y'ys`; �'''`.. „ 'i;a N'• �t' i:.j];: .`iW �,.a.'u
CASH BALANCE ANALYSIS FOR
1. Beginning Cash Balance $ $
2. Amount Received:
Program Income $ $
City of Fort Worth $ $
Interest Earned $ $ -
3. Total Funds Available(1 +2) $ $
4. Less Expenditure(detail statement cost) $ $
5. ENDING CASH BALANCE (3-4) $ $
fir- ._ f: ,. as. � :� '' , ._ .• s ,�,
N .
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) $
E.
—g
I. MARS-Purchasing Request ^'
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/Account/Center
C. Total Amount of this Request
=t a
1. Verification
A. Model Blocks Planner:
B. Contract Manager:
c �
C. Accounting: I
2. Authorization
A. Agency:
B. Mgmt&Budget
Administrator
Housing Director
IF OVER$8,500.00 lNariwi
CITY OF FORT WORTH
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
COST CATEGORY
PERSONAL SERVICES
Salaries
FICA
Life Insurance
Health Insurance
Unemployment - Federal
Unemployment Tax -State
Worker's Comp
Retiremexit
SUPPLIES
Office Supplies
Postage
Teaching Aids
Food Supplies
Other Operating Supplies
CONTRACTUAL SERVICES
Telephone
Electric
Gas (Utility)
Water/Waste Disposal
Rent (Building)
Custodial Services
Office Equipment Rental
Printing •
Repairs
Fidelity Bond
Liability Insurance
Legal & Accounting
Private Auto Allowance -Local
Advertising
Conferences & Seminars
Contractual Services
Indirect Cost
CAPITAL OUTLAY
Furniture, Fixtures
Office Equipment
Property Insurance
TOTAL
ACCOUNT.
516010
518010
518050
•518060
518090
518090
518040
518070
521010
521020
522030
522030
523300
535040
535020
535010
535030
537010
539220
537030
533030
53600
538210
534020
538060
532130
533010
531180
539120
517010
541330
541370
PROGRAM MONTHLY
BUDGET EXPENDITURES
CUMULATIVE
TO DATE
ATTACHMENT U
BALANCE
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
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
EXPENDITURES WORKSHEET
AGENCY
CONTRACT NO.
ATTACHMENT III
TO
PROGRAM REPORT PERIOD
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17.
18
119
20
21
22
23
24
25
CIIF CK
DATE
PAYEE
DATE
DESCRIPTION ACCOUNT NO. I AMOUNT
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
ATTACHMENT IV
MONTHLY NARRATIVE REPORT
MONTH REPORTING
FROM: TO:
I . ACCOMPLISHMENTS
II . ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH:
III . • PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED:
IV_ ANTICIPATED ACTIVITIES DURING NEXT -MONTH: t
DATE:
PROJECT:
Client Name
* Ethnicity:
1. Hispanic/Latino
2. Non Hispanic/Latino
** Race:
1.
2.
3.
4.
5.
Female
Headed
Household
PERFORMANCE REPORT
HOUSING DEPARTMENT
FUNDING YEAR:
Age Sex Ethnicity Race H/C
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
No. In Annual
Family Income
6. American Indian/Alaskan Native & White
7. Asia & White
8. Black/African American & White
9. American Indian/Alaskan Native & Black/African American
18. Other Multi- Racial
Address
ATTACHMENT V
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made between,
("Owner") and ("Contractor"), on this
Day of , 2000 for the purpose of constricting 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:
*Attacli an Addendum for multiple units constructed.
The "Owner' Representative" (as defined below) shall compensate the Contractor a total
stem 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
LI(a). This Contract,,the Infill Program and Specifications for Constntction 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 terns Owner's Representative shall mean: the City of Fort Worth Housing
Department who provides administration of the Contract as described in the Contract
1 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 07/28/00
i+ r
i
2.4 OWNER'S RIGHT TO PERFORINT CONSTRUCTION/AWARD SEPARATE CONTRACTS
2.4(a). • The Owner reserves the right to perform constriction 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
dire 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 Worl: is to be
performed and correlated personal observations with requirements of the Contract
Documents.
3.2 REVIEW OF CONTRACT DOCUIMENTS 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 iiformation 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
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/Wornan 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,.consurimer, 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 W
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
18(a). The Contractor shall obtain"and pay for the building permit and other permits and
governinent 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 apart 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.discriinination 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 tinder 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 1 U. 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 07/28/00
t' li
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 lie 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 and
in every subcontract for work in
connection with the project and will, at the direction of the applicant or the recipient
of Federal f nancial 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 Linless 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 1')5.
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 Otivner's
Representative; and said Contractor does .hereby covenant and agree to assume all
liability and respoiisibility 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 07/28/00
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 Oivner'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 o.f
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.
43 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
i ! 1 �
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 shalt 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 Iii 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
1 1
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(n). 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.
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(n). 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 07123/00
it
4
arising otit 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 their 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 an machinery, including
reasonable overhead, profit and damages.
11.2 TERMINATION BY THE OWNER
11.2(a). 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:
I i 07i2si00
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(d). 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.
12 070-8/00
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-otit is completed. The contractor wilt 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 07/38/00
ADDENDUM 92
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 93
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
15 07/28/00
ATTACHMENT vi
REQUEST FOR INSPECTION
Agency: Construction Contractor:
Property Address: Contractor's Address:
City State City State
Draw No.: Amount Requested: $
Date: Check funding source below:
HOME:
CDBG:
******************************************************************************
Agency: I hereby request an inspection on
To receive payment in the above amount.
Agency's Signature: Date:
Housing: I hereby agree that the work stated by the contractor has been accomplished and
approve payment to the contractor in accordance with this inspection. It is
understood that the actual amount to be disbursed is based on the findings of this
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 indicted on the contractor's draw
request.
Inspector's Signature: Date:
Amount Due Based On Work Completed: $
******************************************************************************
Amount: $ Retainage: $
City of Fort Worth, Texas
"noor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 C-19733 05CARVERHTS 1 of 2
SUBJECT REALLOCATION OF UNDESIGNATED FUNDS FOR IMPLEMENTATION OF CARVER
HEIGHTS EAST MODEL BLOCKS COMMUNITY REVITALIZATION STRATEGY
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to reallocate $600,000 in FY2003 Home Investment Partnerships
Program (HOME) funds, and $600,000 in Year XXIX Community Development Block Grant (CDBG)
funds for a total of$1,200,000 to the Carver Heights East (CHE) Model Blocks Program as follows:
a. Reallocate$400,000 in FY2003 HOME funds to the CHE Home Improvement Loan Program; and
b. Reallocate $150,000 in FY2003 HOME funds to the CHE Housing Development Program; and
c. Reallocate$50,000 in FY2003 HOME funds to the CHE Housing Programs Operating Support; and
d. Reallocate $214,000 in Year XXIX CDBG funds to the CHE Sidewalk Installation Program; and
e. Reallocate $200,000 in Year XXIX CDBG funds to the CHE Home Improvement Program; and
f. Reallocate$50,000 in Year XXIX CDBG funds to the CHE Housing Programs Operating Support; and
g. Reallocate $90,000 in Year XXIX CDBG funds to the CHE Minor Home Repair Program; and
h. Reallocate $35,000 in Year XXIX CDBG funds to the CHE Neighborhood Entrance Marker
Program; and
i. Reallocate $8,900 in Year XXIX CDBG funds to the CHE Streetlight Improvement Program; and
j. Reallocate $2,100 in Year XXIX CDBG funds to the CHE Street Sign Topper Program; and
2. Execute a contract with the Carver Heights East Rebuilding Corporation in the amount of $340,000
to implement housing development (item b), program operating support (items c and f), and the
Minor Home Repair program (item g) portions of the Community Revitalization Strategy for the CHE
Model Blocks area over a two-year period extending from the date of the signing of the contract; and
3. Extend or renew the contract if Carver Heights East Rebuilding Corporation requests an extension
or renewal; and
4. Amend the contracts, if necessary, to achieve CHE's revitalization goals, provided that the
amendment is compatible with the neighborhood revitalization strategy and in compliance with
applicable laws and regulations.
DISCUSSION:
Carver Heights East won the City of Fort Worth's Fourteenth Model Blocks designation in February 2003.
The CHE area is bound on the north and the east by Truman Drive, on the south by Ramey Street and
on the west by the Highway 820 Access Road (see attached map).
City of Fort Worth, Texas
"Cagor And 4:0uncit COMI"U"ication
DATE REFERENCE NUMBER I LOG NAME PAGE
8/26/03 C-19733 05CARVERHTS 2 of 2
SUBJECT REALLOCATION OF UNDESIGNATED FUNDS FOR IMPLEMENTATION OF CARVER
HEIGHTS EAST MODEL BLOCKS COMMUNITY REVITALIZATION STRATEGY
SUMMARY OF THE CARVER HEIGHTS EAST MODEL BLOCKS COMMUNITY REVITALIZATION
STRATEGY
The CHE Community Revitalization Strategy identifies two major areas for improvement: housing, and
infrastructure. In developing its plan, the CHE Neighborhood Association worked with many area
stakeholders such as schools, community groups, non-profit organizations, and businesses.
The following are Carver Heights East's strategies for utilizing the $1.2 million Model Blocks Program
funds:
Rehabilitate owner-occupied homes (16) $ 600,000
Install sidewalks (To be determined) $ 214,000
Housing Development (2 homes per year) $ 150,000
Housing Program Support (2 Years) $ 100,000
Minor Home Repair Program (20 Homes) $ 90,000
Construct neighborhood entrance markers (2) $ 35,000
Upgrade existing streetlights (25) $ 4,500
Install additional streetlights (2) $ 4,400
Install street sign toppers (40) $ 2,100
Total $1,200,000
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
RR:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR76 539120 005206846100 $400,000.00
Reid Rector 6140 GR76 539120 005206846110 $150,000.00
Originating Department Head: GR76 539120 005206845910 $200,000.00
GR76 539120 005206846120 $ 50,000.00
GR76 539120 005206845900 $214,000.00
GR76 539120 005206845920 $ 50,000.00
GR76 539120 005206845930 $ 90,000.00
GR76 539120 005206845940 $ 35,000.00
GR76 539120 005206845950 $ 8,900.00
GR76 539120 005206845960 $ 2,100.00
Jerome Walker 7537 (from) APPROVED 08/26/03
GR76 539120 005206846040 $600,000.00
Additional Information Contact: GR76 539120 005206845230 $600,000.00
Jerome Walker 7537