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HomeMy WebLinkAboutContract 29385 STATE OF TEXAS 8 CITY SECRETARY - 8 CONTRACT NO. � COUNTY OF TARRANT 8 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 Carter Metropolitan Community Housing Development ("Contractor"), by and through Kenneth W. Carter, its duly authorized Executive Director. Contractor's business address is 4601 Wichita Street Fort Worth, Texas 76119. 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 Nos. M-00-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 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 citizen's 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 Twenty One Thousand One Hundred Sixteen dollars and .36/100 ($21,116.36), to provide funding for new construction of single family infill houses in accordance with "Exhibit A - Program Summary." Eligible costs are those allowed under the HOME regulation 24 CFR 92. The fund may be used for the construction of new homes for sale to low income homebuyers. The following are the specific activities that are eligible for funding: 1) acquisition of vacant lots; 2) site preparation; 3) construction of new homes; 4) related soft costs such as appraisal fee, architect's and engineer's fees, city permits, legal fees, and costs associated with the sale of homes to qualified homebuyers. The objective is to build and sell within the contract period one home to a qualified homebuyer. Contractor will use home sale proceeds to establish a Page 1 development fund to finance the construction of more homes for sale to low income qualified homebuyers. Upon the sale of each house developed, Contractor may claim a developer's fee of$3000 and any additional sales proceeds that exceed the development cost. These funds may be used by the Contractor, at its discretion, to further its Program goals. (No developer fees will be paid for projects where the development cost exceeds the sales price by more than ten percent (10%). If, during this contract period, Contractor maintains the Performance Standards established by the City for retention of CHDO proceeds, the remaining proceeds from the sale of each house may be retained by the Contractor as CHDO proceeds and used for HOME-eligible or other housing activities, as required by 24 CFR 92.300(a)(2), if the project is begun before the end of the this contract. The City hereby certifies that Contractor is a Community Housing Development Organization (CHDO) and acts as a housing developer as defined by HUD. The City shall act through its agent, the City Manager, or his duly authorized representative, unless otherwise stated in this agreement. Contractor agrees to comply with the uniform administrative requirements contained in Section 92.505 of the HOME regulations, including Subpart F, and applicable City Codes and regulations. B. Duration/Period of Affordabilitv This Contract begins on the date of execution of this contract and terminates twelve (12) months after that date except that the provisions relating to affordability remain in effect through the period of affordability. This contract may be extended for one (1) one-year term. Contractor shall request the extension in writing and submit the request to the City sixty (60) days prior to the end of the contract. The City may then approve the extension of the Contract for another year. It is specifically understood that it is the City's sole discretion whether to approve or deny the request. The housing owned or developed by Contractor shall remain affordable as required by Section 92.254 of the Regulations. Affordability means that the homebuyer's payments of principal, interest, taxes and insurance (PITT). do not exceed thirty (30%) per cent of the income of a household whose gross annual income does not exceed eighty (80%) per cent of the median income for the area, as established by HUD. If the housing does not meet the affordability requirements as stated below, the funds used to produce said housing must be repaid to the City. Housing assisted under the HOME funded homebuyer program 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; and 15 years where the per unit amount of HOME funds provided is greater than $40,000. Repayment of the HOME funds attributable to the unit or units that do not maintain the HOME affordability requirements will be required from the Contractor, if, at any time the Contractor is found to be non-compliant to the above time limits. Page 2 j Y, R di C. Income Requirement and Use of House as Principal Residence The HOME Program targeting requirements for the HOME program and for HOME projects are defined in 92 CFR 203(b)(1)(2)(3). Annual household income is used to establish homebuyer eligibility. The definition of annual income to determine homebuyer eligibility under this contract shall be the definition specified in 24 CFR 203(b)(2). The annual income of the homebuyer, adjusted for household 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. 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 house shall not exceed ninety-five percent (95%) of the median purchase price of the type of single family housing for Fort Worth as determined by HUD. The sales price of the house shall not exceed the appraised value of the property as determined by an independent appraiser. Contractor shall demonstrate that the CHDO funds shall be leveraged by other funding sources. 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, 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. Page 3 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. Pursuant to the City's CHDO Program and Funding Requirements, Contractor shall begin actual acquisition and construction work within 12 months from the date of contract execution. Failure to start within the 12-month period is grounds for contract termination. City shall notify the Contractor in writing of any breach of this contract, and specify a reasonable time within which to cure the particular breach. After being notified of such breach, and if the breach is deemed to be material, if Contractor fails to cure the breach within the time stated in the notice, this contract shall automatically terminate at the expiration of the stated time allowed for cure. Contractor will return to City any unused monies previously distributed under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of the contract termination. 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. I. Miscellaneous Provisions 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. Page 4 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-00-MC-48-0204) for use as stated herein. The City will monitor the use of such funds to ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and compliance with the provisions therein. Disbursements from the HOME account for actual acquisition, construction, and/or sale will not be made until actually needed for payment. Advance of funds will require completion of. (1) Attachment I "Request For Funds" form, (2) Attachment II "Detail Statement of Costs" Attachment III "Expenditure Worksheet" and and a copy of supporting documents, including 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 Twenty One Thousand One Hundred Sixteen dollars and .36/100 ($21,116.36). Contractor will use the Twenty One Thousand One Hundred Sixteen dollars and .36/100 ($21,116.36) for the acquisition of lots and construction of homes, and resale of these homes to low income buyers in accordance with the development budget in Exhibit B-"Program Budget". Page 5 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 the 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 will acquire vacant lots and build new homes and sell these homes to qualified low- income homebuyers. Contractor shall insure that homebuyers complete a homeownership training program prior to closing. Contractor shall also help homebuyers obtain closing cost assistance and/or deferred loan payment under the City's Homebuyer's Assistance Program or other available programs to make housing affordable to the homebuyers. Funds will be utilized only to provide affordable housing within the City of Fort Worth, Texas. B. Budget Contractor agrees that the HOME funds will be expended in accordance with the projected Program Budget in Exhibit B attached hereto and incorporated for all purposes. Any change exceeding ten percent (10%) of the total cost per housing unit shown in this Budget shall be made only with the prior written approval of the City. Under no circumstances shall the total amount of program funds expended by Contractor from funds paid by the City exceed Twenty One Thousand One Hundred Sixteen dollars and .36/100 ($21,116.36). The funds will be payable based on a drawdown schedule based on extent of completion of each house as approved by the City housing inspectors. Contractor shall demonstrate that the CHDO funds shall be leveraged by other funding sources. C. Time Line for Goals and Expenditures Contractor shall work in accordance with Exhibit C "Program Time Line" 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. Page 6 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 assets 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. E. Affirmative Marketing Contractor must adopt affirmative marketing procedures and requirements for all HOME funded 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 Contractors'production goals. F. Recapture Provisions Contractor understands that there are specific property recapture requirements on HOME- funded properties and a requirement that the homebuyer must use the property as its principal residence. These requirements shall be incorporated in the property deed restriction or covenant running with the land. In addition, the loan documents (Deed of Trust Note) should also incorporate these requirements. The recapture provisions will remain in effect on property purchased and/or developed with HOME funds for at least the minimum affordability periods specified in Section 92.254 of the Regulations. 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: Page 7 Hispanic/Latino or Non Hispanic/Latino. Race: White, Black/African American, Asian; American Indian/Alaskan, Native Hawaiian/Other Pacific Islander, American Indian/Alaskan Native & White, Asian & White, Black/African American & White, American Indian/Alaskan Native &Black/African American, Other Multi-Racial; and C. Whether the head of household is male or female; is a single male or female householder with or without children; d. Additional statistical information as may be required by the City Housing Department or HUD regulations and any amendments thereto. e. Contractor will keep on file the following information an documentation on each individual project: f. Proof that the project meets the applicable property and other standards; g. The per unit amount of HOME and non-HOME dollars invested; h. The compliance with the affirmative marketing requirements and existence of acceptable procedures; i. Compliance with relocation requirements, if applicable; J. Minority and female owned business data, and affirmative fair housing actions; and k. Compliance with lead based paint; and 1. Compliance with conflict of interest rules. By the 15th of each month during which this contract is supported by HOME funds provided under this contract (to be construed as 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 (Attachment I-"Request For Funds", Attachment II "Detail Statement of Costs" & Attachment III "Expenditure Worksheet"). match. The amount of leveraging generated by this grant, including items that qualify as HOME Page 8 Reports shall be submitted in the format specified by City. IF THE REQUIRED REPORTS ARE NOT RECEIVED BY THE DUE DATE, THE CITY RESERVES THE RIGHT TO WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT AND OTHER CONTRACTS WITH CONTRACTOR. H. Cost Principles Contractor shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and with the following: 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 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. This 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 the 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 prepositional 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. I. Monitor Effectiveness of Services and Work The City will review the activities and performance of each contractor and subrecipient not less than annually as required in Section 92.504 (e) of the HOME regulations. Contractor agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor's compliance with the terms of this contract. The City shall have access at all reasonable hours to offices and records (dealing with the use of Page 9 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 (1) 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 1 1375 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: a. That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and b. 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. Page 10 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 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; Page 11 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. (2) Lead Based Paint Requirements All houses built prior to 1978 proposed to be rehabilitated with federal funds shall require inspection for lead based paint. Inspection and abatement work shall be carried out by contractors 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 Housing Department that certifies all firms, abatement supervisors, lead workers, inspectors, and risk assessors performing work on houses assisted with federal funds that require lead hazard reduction are certified under the laws and regulations of the Sate 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. 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 Page 12 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. (3) 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. (4) Prohibition Against Discrimination Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person because of sex, race, religion, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. During the performance of this contract Contractor agrees, and will require all its subcontractors to agree, as follows: Contractor will not unlawfully discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Page 13 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 by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. (5) 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 Page 14 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 voidable 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. (6) 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 enterprise (M/WBEs) 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. K. Assignment Contractor shall not assign all or any part of its rights, privileges, or duties under this contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. L. 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 Page 15 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. M. 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. N. 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 Page 16 $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, rehabilitation. Coverages shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall maintain the coverage on such subcontractor for each applicable subcontract. Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. Additional Requirements Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within (30) following notice to Contractor of such requirements. Contractor will submit to City document that it has obtained insurance coverage and has executed bonds as required in this contract and prior to payment of any monies provided hereunder. Each insurance policy shall be endorsed to provide City with a maximum 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:V1I 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. Page 17 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. O. Certification Regarding Lobbying The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. Page 18 IN WITNESS WHEREOF, the parties ereto have executed four copies of this contract in Fort Worth, Tarrant County, Texas, this //-1 day of �r,��.,�,(rcr , A.D. 2003. ATTEST: CITY OF FORT WORTH ity Secret Reid Rector Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Asst. City Attorney CEEqJ — CARTER METROPOLITAN COMMUNITY Contract Authorization HOUSING DEVELOPMENT M-Ll -- By 1- Zz : --� Kenneth . Carter, Exec tive Direc or Page 19 ,22,1 aivtoi�' STATE OF TEXAS S 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 A.D. 20p3. f�PPY Pia~. ROSELLA BARNES NOTARY PUBLIC f2: nt. *tt ,•'* State of Texas +?F� Comm.Exp. 03-31-2005 Notary Public in and for the State of Texas STATE OF TEXAS S COUNTY OF TARRANT $ BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Kenneth W. Carter, 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 Carter Metropolitan Community Housing Development and that he executed the same as the act of said Carter Metropolitan Community Housing Development for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. GIVEN ER MY HAND AND SEAL OF OFFICE this V day of A.D. 204_5 Notary Public in and for the State of Texas . . �e:. C.C.HARRIS MY COMMISSION EXPIRES "= October 24,2005 o� is Page 20 EXHIBITS AND ATTACHMENTS EXHIBIT A- Program Summary EXHIBIT B-Program Budget EXHIBIT C- Program Timeline 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 CARTER METROPOLITAN COMMUNITY DEVELOPMENT CORP.-CHDO PROJECT 2000 HOME-CHDO PERSONAL SERVICES $0.00 SUPPLIES $0.00 CONTRACTUAL SERVICES(Development Funds) $21,409.08 CAPITAL OUTLAY $0.00 TOTAL $21,409.08 DESCRIPTION: Carter Metropolitan CDC will acquire vacant lots in its target neighborhood for new home construction. These newly constructed homes will be sold to low and very-low income homebuyers. Funds generated from sale of houses will be used by Carter Metropolitan CDC to develop additional affordable homes. The contract period begins on the date of execution and ends twelve months thereafter. PROGRAM OBJECTIVES: To build and sell four houses within the contract period. PROGRAM MEASURES: Projected Goals Number of homes built 4 Number of homes sold 4 EXHIBIT B CARTER METROPOLITAN CDC PROGRAM BUDGET DEVELOPMENT FUNDS $21,116.36 TOTAL BUDGET $21,116.36 1 Organization. CARTER METROPOLITAN CHDO _ 1lctiviti e; D PMEAZT ACTIVITIES Program: CHDO PRO3F,CT 'Month Monthi Month 1 3 Select Property Request Fnr ronmpntal Rpviev: Acquir_* Property Dev-lop Plans & Saccs Obtain Appraisal Sc]ect Bui]d=- Execut~ Contract 1v/ 3ui1:i n Conti -action Cu.uinlete Construction Final Prope_ .1:v'insoector. Obtain Ce:-taicate of Occupancy RJease Retainage SALES AC 11diiiES v kcting &: intake :e-cute Sale Contract Close on Salt of Prone, XX Month Month Month Month • 4- • S' . 6 . : ? "Month Month Month' Month (Monza 10 -•r1 S 12 XX xx XX XX XX XX r XX ( I XX XX .XX XX XX k 0 ,Lzax1IX:1 EXHIBIT D INDEPENDENT AUDIT REQUIREMENT BUSINESS /AGENCY NAME: PROGRAM: AMOUNT FUNDED: Name of Independent Auditor who will perform agency audit: (Independent Auditor) Date audit is to be performed: (Month and Year) The following language is a condition of your contract with the City: All non-federal entities that expend $300,000 or more in federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with specific reference to OMB Circular A-133. The audit may cover either Contractor's fiscal year during which this contract is 'in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be. completed within (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Costs of preparation of this audit may be an allowable expenditure of federal finds m' an amount proportional to that of the federal funds used in contractor's total agency operating budget. Signature n3i� J . - - _ _. . . EXHIBIT E City of ToYt'Worth, Te'- -_ 0 Avar --and C04061 �.� � M unica� DATE REFERENCE NUMBER L.OG NAM f - �I25/OO E PAGE SUBJECT . G- 2896 OSCONSTRUCT 1 oft 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 2305 of the Texas Government Code provides construction requirements for single-family affordable housing when the construction is funded by federal or state funds. This statute became effective on September 1, 1999. The statute specifically delineates the requirements for both exterior and interior accessibility on newly constructed single-family dwellings to provide access to Persons with disabilities. A local work group was formed to further the intent and purposes of this statute and to provide guidelines in the City-assisted affordable housing construction programs. This work group -is composed of City staff from various departments, representatives from the Fort Worth Mayor's Committee on Persons with Disabilities; and a representative from the Homebuilders Association. The work group met, discussed and drafted the attached proposed ordinance which provides the following conditions and requirements: 1. Applicable dwelling units shall,provide-one.building entrance on an accessible route served by a no-step entrance or.a ramp; and 2. In 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 Tort Worth, Texas tyD jj Council 4:ommunl.catiot) DAB E REFERENCE NUMBER. LOG NAME PAGE 2 of ? 4125100 G-12896 05CONSTRUCT sub-5 CT BASIC ACCESS ORDINANCE FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. LW:k Subnitied for City trfanaaer's FUND ACCOUNT I CENTER `a.MOUN'T CITY SECRETARY by: (to} Libby Watson 6183 CIT Y COMM Originating Departrnent Head: � � APR 2j ?000 Ac ORDINA NCE No / AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986) AS AMENDED, By THE ADDITION OF SECTION" 7-50 ENTITLED "ACCESSIBTLITY STANDARD FOR CERTAIN CITY ASSISTED HOUSING CONSTRUCTION PROGRAMS" REQUIRING CERTIN BUILDING STANDARDS IN CITY ASSISTED HOUSING PROGRAMS TO PROVIDE BASIC ACCESS TO PERSONS WITH DISABILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE. OF OTHER ORDINANCES; PROVIDING A SEVERA.BILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, persons with-disabilities and their immediate families are often isolated in their own homes because the homes of most of their acquaintances contain insurmountable barriers, and offren.experiernce difficulty in finding a suitable house to rent or buy, and WHEREAS, certain features in housing construction make new houses more accessible and Iivable 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 ORDAIN-ED BY THE .CITY COUNCIZ OF THE CITY OF FORT WORTH, TEXAS: 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 IocaI housing progams. SECTION 3. The following design requirements shall apply: equirement 1. Building Entrances. Applicable Dvvelling Units must p1ovi8e at least one building entrance on an accessible route served by a no-step entrance or a ramp in compliance with the CABO/ANSI-A117.1, Accessible and Usable Buildings and Facilities Standard, as adopted by the Fort Worth Building Code ("Accessibility Standard") and having a maximum slope not to exceed one in twelve (1:12); unless it is impractical to do so because of te,, ain or unusual characteristics of the site as determined by a City of Fort Vito h building �,l Oar lc! " OiTiC1 ( Clty Build!ng al ) 'Jpun 'evie':v of 'w'ilt'ed 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 eritrance 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 seining 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 CIearance 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 uridth of 36", except tn.rou�h doors, and be level with ramped or beveled changes at door thresholds. Requirement 4. Wall reinforcement in bathroom. Reinforcement in the walls shall be provided at designated locations as specified by the Accessibility Standard, so that grab bars may be installed, if needed, at a later date without the necessity of removing portions of the existing wall. Requirement 5. Light switches, electrical outlets,. thermostats and other environmental controls. All Applicable Dwelling Units shall be designed and constructed to contain light switches, electrical outlets, thermostats and other controls in compliance with the requirements of the Accessibility Standard. Where multiple controls serve the same elements (e.g., two remote switches for a ` light) only one must be accessible. SECTION 4. SECTION 3 Requirement 1 (Building Entrances) may be waived by.the City Building Official when In his/her opinion, due to grade or site conditions ("Conditions"), access by ramp is unattainable. A person requesting said waiver shall file a written request ("Request")-with the City Building Official at the City of Fort Worth Development Department and include all documents necessary to prove the existence of the Conditions. The Request shall demonstrate that the Conditions on the site render it impossible to comply with the requirements for exterior accessibility in this ordinance. A Y 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 Bled in the official records of the- Development Department. Appeals to the City Building Of icial's decision shall be made to the Construction and hire 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 amend cc', except where the provisions of this ordinance are in -direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause; sentence, parao-r-aph or section. SECTION 7. This ordinance shall take eriect and be in fill force and ersect :om and after the date of its passage, and it is so ordained. s APPROVED AS TO FO AND LEG_kLITY: Assistant City Attorney DATE: I � ADOPTED: 510 0 EFFECTIVE: l�� -- ffiIBIT F ORDINANCE NO. REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES PREVZOUSLY ADOPTED; ADOPTING AN ORDINANCE TO REMEDY THE UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES , AND TO ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY BUSINESS . ENTERPRISE, AND 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. S . SMALL BUSINESS ADMINISTRATION'S DEFINITION FOR A SIZE STANDARD; ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE AND SPECIFIC AREAS OF CONSTRUCTION, PE FOR PROJECT SERVICES SPECIFIC. PURCHASING, ESTABLISHING PROCEDURES. GOALS; PROVIDING GENERALLY FOR THE PROCEDURES TO BE . FOLLOWED IN THE BID/PROPOSAL PROCESS; REQ`JIRING .BIDDERS TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS ; ESTABLISHING WAIVER OF GOALS PROCEDURES ; ALLOWING FOR D EBARriENT FOR PROVIDING S MISREPRESENTATION CLAUSES AND PROVIDING O AN EFFECTIVE IT RELATES PROVIDING SE DATE WHEREAS , the City Council commissioned an Ava B Coddington, i &lability/Disparity ortz Study (Study) conducted by Browne, conducted by Inc- (BBC) and a Public Hearing (Hearing) Carl Anderson, Esq, and found disparities in the in utilization of minority and women business enterprise. sand contracts awarded by. the City of Fort Worth (City) ; occurred WHEREAS , the Study and Hearing .f ound that discrimtiont1Ourchasing, in the major contracting areas (construction, p and professional services) of the City of Fort Worth and resulted in significant underu d lization of minority and women business enterprises ; an enterprises have had and WHEREAS minority and women business continue to have difficulties in obtaining financing, s as and assistance programs 'have bonding, credit, insurance, in the effects of not been effective in either remedyor in preventing underutilization in City contracting ongoing underutilization; and d WHEREAS , the Study and the Hearing . determine a race-neutral women business alternatives for enhancing minority and enterprise contracting are not completely sufficient; and a passive participant in ERFA.S the C' ty .,as also been private industry discrminatcry behavior practiced by is t. e arm of Ccn�-="zc within the relevant Marketpl ace in � �" .. is SECTION 2 . The ultimate goal of this ordinance is to remedy the effects of past under-utilization 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 (131s) for minority businesses and twelve percent (12$) fbr 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 consi-aered in deter pining the res_,cns i veness to specif; ratio ;s of of fercrs to the bid/proposal. The City shall consider the cfferor's _3 - l 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 5 . 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 =y ordinance shall be provided for City procurement activities where a public calamity requires the emergency expenditure of funds ; the r 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 ("DBE-A.0" ) in accord with City of Fort Worth Resolution NO . 1148 , is hereby 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." f 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, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 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 where formal s li cita�zon ee�an ore the effective date of this erdinance, an3 it is so crdained . -5- APPROVED AS TO FORM AND LEGALITY: ity Att Date : ADOPTED*- EFFECTIVE: - t ATTACEDiENT 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. J 5. "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. "Gobd. 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 ir: ^.ti cnal discrimination by the bidder: 7 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 p-reviously 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 li.st 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 . _o_ 12 . "Marketplace" means the geographic market area represented by the Fort Worth/. Dallas Consolidated Metropolitan Statistical Area. 13 . "Minority's means a -citizen of the United. States or lawfully admitted permanent resident who is 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 . "Professional , 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 oth.erwi-se obtaining or acquiring any supplies, materials, equipment or .services excluding construction and professional services previously defined. 119 . "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 LTr ~a,d States Sall .,'.IS___SS 2',2M4nistraticn1s starfard industry classification (sic) codes. These codes are outlined in the most recent edition of SBA 49 CF R 23 . 62 , Appendix B and 13 CFR 121 . 401-407 and 601 . -9- 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 are .controlled by one or more women who own it. C. meeting the size standards set forth by SBA. PROGP.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 WBEs 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-11 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/cr materials oppor--'unities required to con lete the project, and (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 secure . -additional certified. or certifiable MBE/WBE participation before responsiveness to this ordinance is determined. (3 ) The offeror may count toward its MBE or WBE goals first and second tier. MBE and WBE subcontractors and/'or suppliers. (4) The offeror 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) A.n offeror may count toward its MBE or WBE goal "a 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 X37- cr WBE involved i.-i i 77 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 erder. to be considered responsive. (8) The bidder may not count toward the goal any agreements with MBE or WBE that are not located within the Marketplace or otherwise do not meet the guidelines as set forth. in this section. III . MBE AND WBE UTILIZATION REOUIREMENTS (A) In addition to the requirements set forth elsewhere, bid conditions and requests for proposals shall include a 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 spec-ifications. 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"nc later than 5 : 00 p . m. , five (5) City busir,ess days after hid opening da'�e . -12- .. r (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 WEE 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 WEE, 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 WEE' 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 . (2 ) Initlal responses t0 requeStS fCr prCDCSaIS for those p�oress i =_1 se_ ; C c,eF_..�s ,n C; er _ 2.4 C_ t e S..a_l � � _..C�� °_ 3 CS:�,.Se �O ;�.._s 0_ �.,is Crd� �anCe . . ..e C4 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 b-id, 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 . (2 ) Contracts shall require that during the term of the contract, the contractor shall : (a) Make no unjustified changes or deletions in its MBE and WBE participation commitments submitted with the bids , proposals cr during negotiations ; (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 CHANCE 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 24BE/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 r,BE 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' th.e performance of t�]e executed subcontract ; and -15- (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 dec-ision will be final. NOTE: The contractor shall. submit such documentation as. may reasonably be .requested by the MBE/WBE c:jffice 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, t-he 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 1,,BE 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 contra-ctor, and L amcUn.t of such amendment, change order or extra wcrr: excee-s te;-. � - ) c_ -iF- 7 V. PROGRAM ADMINISTRATION (A) The ,City Manager, with the advice and counsel of the DBE-AC 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 th'e department adhere to the procedures and provisions set forth in this ordinance . ( =) The GepartP7�%t P i �n shall ? 1 C LI�I Or Ga s gn assume �_ Ti 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. (E) 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 ray 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 provisio:ns .of this ordinance will impose an unwarranted risk on . the City or unduly delay acquisition of the goods or services . (S) V;nanever 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 . 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 contract 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 1-1,8E/WBE Office as requested; and- (h) if circumstances prevent the Contracting department frcn r.e�` in� the t; j:i,'-1—% ad';ertising an netifi- ca C: 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 HONITORING, 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 to­comply '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, divis ion, or office of the City of tort 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 na-,e of the contrac- tor near ed the Contract , the eLrCrtS l e ^^^1cVed t0 SO11Clt _ 5 l `S ? G �_ i - 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 , 1 sha11 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_ VIII . DEBARMENT (A) The misrepresentation of facts (other than a ne-glig.ent 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 ;Manager. 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 Wore than thirty ( 30) days of the hearing and send a certified notice to the Offeror . (G) If the Appeal Board upholds the original debars-er.t, 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 . e within (H) The appeal will be placed one1the f of council no t ce,a unless thirty '(30) days from re p 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. _�. sEVERABILITY if any provision of this attachment or ordinance, -the application thereof to any person . or circumstance is held. invalid for any son in a court of competent jurisdiction, such invalid-ity shall reason the other provisions of any other application of this attachment or ordinance which can be give- ' cation, and to this end, all iven effect without the invalid. provision or appli provisions of this attachment or ordinance are hereby declared to be severable. 3 G f-EAD BASED PA NT GUIBELIYES Lead-Based paint Regulations Changes On September 15 999,HUD issued a new Federal lead-based paint regulation implementing Title X of the-Housing and Community Development Act of 1992. This regulation makes many important changes-in th-e 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-, Grant (CDBG) Program, HOME Prograrn,'McKinney Act homeless programs and other CPD programs must prpare to meet these requirements by September 15, 2000. .. fllo .. ✓:.0 Jrli U�L:o I Attachment 1 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. A 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 aeon, it also poses a threat to housing provider. ❑ Tremendous progress has been made in reducing lead poisoning. Lead-based paint in housing is the final. remaining source of lead that directly threatens families. ❑ States and communities are meeting the challenge. The new regulation presents challenges—it will impact'housing program production and operations. ➢ 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 teaming dificulues. i 9 The only way to know for sure if someone has been poisoned is to perform a blood test. ❑ Not all lead-based paint is a hazard. y l I Infact lead-based paint does not cause lead exposure. I pi^ Lead hazards includeG deteriorated paint,lead-contaminated dust and lead-contaminated soil I Meeting the New Lead-Based Paint Regulation The new lead-based paint regulation emphasizes practical solutions. i I Required actions depend upon the activity,as well as the amount and duration of Federal assistance. I .Lead hazard maducdon, rather than abatement The regulation gives States and communtues flexibility. l I ' 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 arid 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 departments and HUD lead grantees. ❑ Created procedures for determining when is it more cost-effective to presume that lead hazards are present, and when it makes sense to evaluate a property. 3 ATTACHMENT 2—SUMMARY OF LEAD -BASED PAINT REQUIREMENTS BY ACTIVITY Approach to Load I tazard Evaluation and Reduction Notification Load Hazard Evaluation Load Hazard Reduction Ongolnq Maintenance EIDLL Roqulromonts ;)ptions <$5,000 -I. • De ne harm All 4 types Paint Testing Repair surfaces disturbed during rehabilitation • Safe work practices Clearance of work.slte No No .:Pfosurna toad -based. • paint Uso safe Work practices on all surfaces. Rehabilitation (Subpart J) $5,000 • $25,000 >$25,000 3.. Identi(y.and:control Identjfy.and abate::load`ha arils:... lead hazards : ` .. All 4 types Paint Testing and Risk.Assassment Interim Controls Safe work practices Clearance of unit No No All 4 types Paint Testing and Risk Assessment Abatement (Interim Controls on exterior surfaces not disturbed by • rehabilitation). Safe work practices Clearance of unit No No PreSunio load-bsed' : "_Presume lead -based paint andlor hazards paintandlor hazard :.Use standard. troattnents: Abate all applicable ' surfaces TBRA (Subpart M) ::.ldentify,and'stabllize• ddf©rtorated paint`(, All 4 types Visual Assessment Paint Stabilization Safe work practices Clearance of unit Yos Yes -Test dotortorated paint. :Use safe Work praclices.only •on lead -based paint surfaces. A,L,SS,O (Subpart 4() Homebuyor and Special Hoods' 2:::Identify andistabine • .deterlo{ated'palrit' .. All 4 types Visual Assessment Paint Stabilization Safe work practices Clearance of unit Yes (if ongoing relationship) No Test delerlorated.paint. Use safe work practices only . on load -based 041tsurfates.. :special Needs Housing may be subject to the requirements of Subpart J, M,-or IC depending, on the nature of the activity undertaken. However, since most special needs housing involves acquisition, teasing, 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 ARPROACH 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. working on areas identified as lead - based paint. Clearance performed on Work site. APPROACH 2. IDENTIFY AND STABILIZE DETERIORATED PAINT. Lead Hazard Evaluation Visual assessment performed to .identify deteriorated paint. Lead Hazard Reduction Paint stabilization of identified deteriorated paint. Safe work practices used. Clearance performed unit -wide. APPROACH 3. IDENTIFY AND CONTROL=LEAD HAZARDS Lead Hazard Evaluation Paint testing performed on surfaces to be disturbed. Risk assessment performed on entire dwelling. • Lead Hazard Reduction Interim controls performed oh identified hazards. . Safe work practices used. Clearance performed unit -wide. - • • APPROACH 4. IDENTIFY AND ABATE LEAD HAZARDS Options Perform paint testing on • deteriorated paint. Safe. work practice requirements only apply to .lead -based paint. Lead Hazard Evaluation Paint testing performed on surfaces to be disturbed. • Risk assessment performed on entire dwelling. • Lead Hazard Reduction Abatement performed on identified hazards. • Interim controls performed on identified hazards on the exterior that are not disturbed by rehabilita on. Safe work practices used. Clearance performed unit -wide. - Options Presume. lead based paint and/or lead based paint hazards are • •present and perform standard •"treatrnents. Options Presume lead -based paint and/or lead -based paint hazards are present and perform abatement on • all applicable surfaces= • deteriorated, impact, friction, chewable surfaces, and surfaces.tb be disturbed. 5 l ATTACHMENT 4 "LEAD SPEAK" -A BRIEF GLOSSARY COMMON LEAD-BASED PAINT TERMS Lead-Based Paint: Paint that contains at lust 1 milligram per centimeter square (mglcm2) 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 unsa e levels of lead from aint. p These conditions include deteriorated lead-based pain; fiction, impact or chewable painted surfaces;lead-contaminated dust; or lead- contaminated soil. LEAD HAZARD EVALUATION Visual Assessment:A visual evaluation of interior and exferiorpa!nted 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: T.esting:of specific surfaces by XRF(x-ray fluorescence)or lab analysis,to determine the lead content of these surfaces, performed by a certified lead-based paint inspector ar 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 iden;fies lead hazards and appropriate lead hazard reducton methods. A cerifed 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 activities to determine ii 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 enfity/iindivioual conduating pal stabilizabon or hazard reduction)conducts cleaance. LEAD HAZARD REDUCTION Paint Stabilization. An interim control method that stabilizes.painted surfaces and addressed fie underlying cause of deterioration. Steps include repairing defective surfaces, rem6i,Ing loose paint and applying new paint. interim Controls: Set of measues to temporarily control Lead-based paint hazards. Interim control methods must b= completed by qualified woilkers using safe vrori' paa-(ices. Follow-up monitoring is needed. Standard Treatments: A complete set of interim control methods that when used together temporarily coni;ol all potential lead hazards in z unit.Because they address all conditions, a risk assessment or other evaluation is not needed. Standard t eatments must be completed by qualified workers using safe work practices. As with interim controls,follo,v-up monitoring is needed. Abatement: Measures to permanently control lee-base paint or lead-based paint hazards. 6 z . L1=AD 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 P91dL(micrograms per deciliter)of whole blood or above for a single test, or blood lead levels of i 5=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 p.ut 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 of one foot(12 inches)and a width of one foot(12 inches). pg/a L: Micrograms.per deciliter, used to measure the level of lead in children's blood to establish whether interven6on 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. �iglg ram: Micrograms per gram of sample,equivalent to parts per million(ppm) by'weight. pglft':Micrograms per square feet is the measurement used to measure levels of lead in dust and soil samples.The clearance report should have the results listed in pght2(micrograms per square foot). mg.rcm2: Milligrams per square centimeter,used for paint by XRF machines. percent: Percent by weight, used usually for lead-based paint(1 percent' 10,000 p'.g%gram) ppm: Parts per million by weight, equivalent to pglgram-(10,000 ppm= 1 percent). LEAD-BASED PAINT STANDARDS Paint—Definition of Lead-Based Paint Paint Chat contains at feast: 1 milligram per centimeters square(mg/cm2) of lead; ➢ 0.5 percent lead;or ➢ 5,000 parts Per million (ppm) lead by dry weight Dust—Thresholds for Lead-Contamination (Risk Assessment/Clearance) > Floors 40 pg/ftl > Interior tvindovi sifts 250 pctift2 Window troughs(Clear once only) 800 pah�= , )oil=Thresholds for Soil Contamination ➢ Play areas used by children under age 6 400 pglg;am > areas 7 Attachment 5---SUMMARY OF MAJOR REGULATION CHANGES BYACTiViTY TABLE 1: REHABILITATION-ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) < $50001unit $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 rehabilitation are the same as those Federally funded rehabilitation work. These requirements apply to HUD for other activities. Each CPD program has its ovn programs that provide assistance for rehabilitation;including CPD -funded lead-based paint regulations. rehabilitation activides. Lead-based paint requirements are similar across The lead-based paint requirements for rehabilitation work, as-described in the CPD programs (most simply refer to 24 CFR 35).The part of the regulation, are the same reaardiess of tie source of program HOME program has the most extensive guidance on funding,but they differ based on the level of funding to a property. requirements. CDBG applies lead requirements only to rehabilitation activities. NotifcaOon Fha::2td Occupants,owner occupants, and purchasers of ent requirement. assisted properties must receive notification of tine lation also requires written notice to occupants informing them of potential presence and hazards,of lead-based paint. valuation or reduction activities. Notifi cation is achieved through the distribution of the EPAIHUD/CPSC lead-based paint hazard information i pamphlet Al!property owners(both subsidized and market rate) must disclose available information about 6e presence of lead-based paint and provide prospective buyers/occupants with any existing documentation on Known lead-based paini hazards in the dwelling unit. Usual Inspection Paint Testing Paint Testing and Risk Assessment Visual inspections must be performed on properties Painted surfaces G�atwill Pehabilitation assistance greater than S500Q�r { constiudted prior to 1976 to idenSfy defective paint be disturbed during' unit requires 2 higher level of lead hazard surface-s. rehabilitation must be evaluation. tested for lead-based Paint Testing—Test surfaces that Mll be paint, unless a sur ace is disturbed by the rehabilitation for lead-based assumed to contain lead- paint. For sur,'acJes assumed to contain lead- based paint. based paint,testing is not required. - - • Risk Assessment—An assessment of a dweltina to check for the presence of lead- based paint hazards. It includes a visual assessment of dust,soil,and paint and a viritten report of the'results. • Option for u0ts receiving assistance bettiveen 55,000 and$25,000-The crantee may assume that lead-based paint and lead hazards are present, forego the paint testinc and risk assessment, and conduct st_nd_rd f eatrnents. • Option for units receiving more t tan $25,000—The grantee may assume that lead- - based paint and lead hazards are present, forego paint t_stino and risk ass.essmen', and abate a!I paintad surfac.=s disturbed during r hab!Ita�Oii a i t are presumed to h2ve lead- b2Sed C'3 a.ic ail presum°d haz3"dS. 8 i SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE I: REHABILITATION ACTIVITIES (Continued) CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$5000funit 55000-$25,oaofunit jAn OOlunit Treatment Paint Repair Lead Hazard ent Any defective paint surfaces must be safely treated Repair surfaces that are Reduction -based paint during rehabilitation. Under the current regulations, disturbed by Any lead-based paint found in units this requires removal or covering of the defective rehabilitation in a safe hazards found during mon areas surface. manner. the risk assessment controlled must be controlled atement using interim controls or . abatement methods. Lead based paint Standard treatrnenis hazards on exterior must.be performed surfaces that are not when no evaluation is disturbed during conducted and the rehabilitation must be pfesence of.l=ad-based controlled using either paint hazards is interim controls or assumed.. abatement- Safe-Work Practices Safe Work Practices -Current regulations establish some provisions Rehabilitation work that disturbs surfaces knowm or assumed to contain lead- regarding safe and prohibited methods for work. based paint musk be:performed using safe work practices: Safe work practices are not required for work that disturbs surfaces below de minimis levels. The new reculation establishes more extensive requirements for safe work prac6ws,including an updated list o`prohibited methods. There are additional safety precautions for occupant protection, wor�site preparation, and cleanup activities. Clearance Clearance Not required. Once hazard reduction work is compieted, a clearance examination must be performed by a certified professional to ensure that no lead-based paint hazards remain.Clearance is required for ell categories of rehabilitation activities. ' For rehabilitation assistance 45,000 per unit,clearance is required only for the worksite. For rehabilitation assistance>S5,000 per unit,clearance is required for the unit,common areas,and ex�Lerior areas where rehabilitation took place. Clearance involves a visual assessment and dust lesting after cleanup is complete. A clearance report must be prepared. If abatement is conduct,an abatement report is required in place of a clearance report Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Owners of rental properties receiving rehabilitation assistance through the HOME program must incorporate ongoing lead-based paint maintenance activities into regular building operations. EBL Require men+ts Environmental Intervention Blood Lead L=vel Requirements If an EBL child Is identified, chewable surf,-aces must The new regulation does not require action by grantees when a child writh 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: �A, TABLE 2, TENANT-BASED RENTAL ASSISTANCE ACTI=VITIES CURRENT REQUIREMENTS NEW REQUIREMENTS -Applicability Applcability Under the current regulation,the lead-based paint requirements for The new regulation outlines Lead-bal=d paint requirements specific-ally for tenant-based rental assistance activities are the same as those for other Federally funded tenant-based rent2l-assistance wot These requirements program activities. Each CPD program has!is own lead-based paint apply to HUD programs th2t•provid zssistzn�for tenant-based rental regu(aGon- 2ssislan.ce,includine CPD-firnded ten2nkbased rental assistance activities. Lead-based paint requirements are sinter across CPD programs(most simply refer to 24 CFR 35).The general requirements that apply to all these programs are described below. Notification NoGfica6on Oxupants must"receive a notification about the potential presence and Same as current requiremen hazards of lead based paint. Notification can be achieved through the The new regulation also requires v,Tit?en notice to�upanls inforing them of distribution of the EPAlr'UD/CPSC lead-based paint hazard infomna;ion lead hazard evaluation or reduction 2:�'jv;ties. p_=nphlet All property owners(both subsidized 2nd market rte)must disclose available infomation about the presence of lead-based paint and provide prospective buyers/occupants with any existing documentation of kn6wn lead-based paint hazards in the dwelling unit. Ysual Inspection Visual Assessment Units occupied by families with children under age seven must be Under the new regulation,units occupied by families with children under ace six usually inspected for defective pant surfaces prior to o�_--upancy and oa must be inspected for deteriorated pair;ss.fac:s.A visual assessment is a an ongoing basis. visual search for craokin ;scalin , 9 g F-1 ng,or ch ing paint- I Treatment Paint Stabilization Defective paint surfaces must he safely treated within 30 days of the A.delerior2ted paint surfaces in atdv,•efing must undergo paint stabl(zaticn. inse—,Lion either by covering the surface with permanent wall covering Paintstablization is similar to the Ire2tment 2ctiOies required under errant (such as wallboard)or by saraping and repainting the surface. regulations. However,2dditicn2l s2fc7•jard5 must be imp m_nted to rr!74=:e th. h_ F rsk of creating t=_aded dust. Safe Work Practices Safe Work Practices Current regulations establish some provisions 2fe and g Pant stablizatin mwst b?pRrcom e-t usf,jc sale'NOf4 p'a tiCeS. The nc'i prohibited methods—for work. regulation has more extensive reqou!rements for S2-.e woe<practices,inciucr:ng an uTdated fist of prohibited methods. There are additional safety pr�utio6s for Clearance occupant protection,worksite preparation,and de2:nup activities.. Clearance : riot required. A°er paint stabilization,2 d22r2nL-;e ex2-lnaion must be pe-jorm--d by a O✓inred professional 16 ensure that 2l1 fe-,;wired work was done and no 15Z'• based paint hazards remain. Clea, ,_�2r Involves a visu2f assessmennt tad dust testing a.ler cleanup is complete. )ngoing Maintenance and Monitoring Ongoing Maintenance ;one required. avrierrs,of al tenant-bal=d rental ass stance Properties must ins pora!e ongoing lead hosed paint mainten2 n e ivi6es into.reou!ar buifoing o;eraons. :5L Requirements Environmental Intervention Blood Lead Level Requirements an Epa paint is r sent the chewable surfaces must be tested. E lead- If child with an environmental int=_;ven5on blcod lead level is idenned,the =sue paint is present,the su:dices must abated. owner must conp!ete a risk asssessnent of the dwelling unit where the child res.des vrithin 15 calendar days and c3nduG inier'm contc(s or 2b2tem°nt xit;in 15 calendar days o`risk assessment to cbntro;the identi5 d 1:d h---rds. J�fEmi he gran; °_must communicate-Y,iii.Si=te c:hd IO �I heel} a RnGI°S t0 p nd receive identification information 2tcU,chi!dren with environmental to: en;ion blood lead leve's.CUane.^'1,eras; ;must match info ::a5on cf. I vironmental intervention bdmd lead 1=•ra!uses with names 2nd addmassw of ilies r e:,eivino FE-Zeral 2ssistancfl. 10 TABLE 3: ACQUISITION, LEASING, SUPPORT SERVICES; AND OPERATIONS ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS I- e ability llcability the current regulation,the lead-based paint requirements for The new regulation outfines lead=based paint requirements specifically for ition,lensing,support services,and operations act vities are the Federally funded acquisition,leasing,support services,and opera5ons work. s those for other progra-r,activities. Each CPD program has Thew requirements apply to HUD programs that provide_assistance for lead-based paint regulation. acquisition,leasing,support ased paint requirements are similar access CPD pro rams 9 s nice ,and operations act;viG ,includng CPD p g funded agqufstion,leasing,support services,and operations ac ivilies. irnply refer to 24 OFF,33).However,the HOME program has t extensive guidance on requirements,but it differs from other s by s.peci ying activities that ate exempt'. The general ztents that apply to alt these Programs are described belo w. Notification No6fi.cation Purchasers and occupants of properties conslruded prior to 1978 Same as current requirement• must raceive a nolificaCon aboul the potential presence and hazards The new regulation also requires w i,en notice to occupants i.nfoning ttiern 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 paint hazard information pamphlet. All property owners(both subsidized znd market rate)must disclose available inforrnaGon about the presence of leadbased paint and provide prospective buyers/occupants with any existing dorutenlat;on on known lead-based paint hazatds in h5e-dwelling unit. ViSUaI lnspecfion Ysual Assessment Properties-construct✓'prior to 1978 must be visually inspected for Under the ne-.v regulation,inspections for de!erioralerl paint su dates a:e do eCiIV2 paint SUd2~S. required in pr operiies Construct prior to 1978. A visual'cssessr_m is a visual search for cracking,s.:.alirc,piling,or chipping paint. Treatment Paint Stzbili ation Defective paint suraces must be safely treated either by covering the All deten,ral d paint surfaces must undergo paint stabilization. Paint surface with perrnanent wall covering(s.uch as wallboard)orby stabilization is similar to the trea7nent activities required under current scraping and repainting the surace. regulations. However,additicna!safeguards must be implemented to rduc�e the risk of leaded dust. Safe Wo"'Prances Safe Worst Pracfices CrF t regulations establish some provisions regarding safe and Paint stabilization must be ed pV.rrom using s�e work praci:xs. The new d meLhoJs for work. regulation has more extensive requiraments for Safe work p:Cctices,includn� an updated list'of prohibited metu�ods. There are additional safety pre�u5ons for occupant protecboi,wor',tsite_preparation,and cleanup activities. e Clearance rad. - Af&,paint stabilization,a cteaznCe examination must be p`rforned by a cer'Lrled professional to ensure.LV all required work was done and no leak,-- bas�d pant hazards remain. Clearance involves a visual assessment and dus`. testing o,ear cleanup is complete. Maintenance and Monitoring Ongoing Maintenance ired. Grantees of acquisition,leasing,support services,and operations must incorporate ongoing lead-based paint maintenanc-a�vities into racu'a.:building cp 2bons. irements Environmental Intervention Blood Lead Level Requirements ciild is iden r;=d,chev,able suraces must 1�,tested for The new regulation does not require action by grantees when a ciild v,:tu,l an I=_ad based pain(end treated as nc-aass2ry. environmental intervention blood land level is found to be living in z unr the' has rem;ved acquisition,leasing,support services,or openeons assistlance. 11 ATTACHMENT 6 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 new lead-based paint rehabilitation requirements.' Special provisions in the new regulation establish less stringent rehabilitation•requirements for granges in insular areas. Grantees must stilt 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 reducton requirements are the same. Any paint disturbed during rehabilitation must be repaired, and safe work practices must be used during rehabilitation and the repairof disturbed paint. After the work is completed, the workshe must pass a clearance examination before occupants are allowed to return to areas where work was performed. Federal funding over$5,000 per unit. Reduced lead hazard evaluation and reduction ' requirements are established-for projects in insular areas-for.rehabilitation greater than$5,000.-Before rehabilitation work 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 stabilization-on all deteriorated paint and all surfaces that will be disturbed during rehabilitation. (There are no interim controls.orabatement requirements.) The dwelling units and common areas that service those units must pass a clearance examination before occupants are allowed to occupy rooms o-r spaces where paint stabillza6on took place. 12 Dedarad6n de InforTnad6n sobre Pintura a Base de Plomo y/o Pellgros de to pintura a Base de Plomo Dectarad6n sobre Jos Peligros del Plomo. Se nofifica a todo comprador de cualquler Inters en propledad real resldendal en la cual fae construlda una vivienda residential antes del ano 7978,que dlcha propledad puede presentar una exposlcldn a plomo de la pintura a base de plead que podrla poser a n/nosj6venes en s/tuacidn de riesgo de desarrol/ar envenenamlento de pd e/a. E/envene se d epfo me plomo en nlnos fdvenes puede produ.cir danos neurold icos coclente de Infellgencla reclalpo,problemas de comportamlento memoda dal n ae E/denvene amlen o de plomo famblen representa un pelf gro esp.eclaiparalasmuJeresembarazadas. El vendedor de cualqulerinter�sen una propledad prlvada real resJdendal tiene la obligaddn de propordonarle al comprador Coda la Informacidn que posea sobre los pellgros de la pintura a base de plomo que se hayan determinado en evaluaclones o Inspecciones de rlesgo y de notificarle al compradorsobre cualquler peligro que conozca de Ia pintura a base de plomo. Se recomienda realizar una evaluacldn o Inspeccidn de posibles peligros de la pintura a base de plomo antes de la compra. Declarad6n del Vendedor (a) Presencia de pintura a base de plomo y/o peligros de pintura a base de plomo (marque (i) o (ii)abajo): (i) Confirmado que hay pintura a base de plomo y/o p (explique). eligro de pintura a base de plomo en la vivlenda (ii) El vendedor no tiene ningun conocimiento de que haya pintura a base de plomo y/o eli ro de pintura.a base de plomo en la vivienda: p g (b)Archlvos e Informes disponibles para el vendedor(marque (1),6 (ii) abajo): - (i) L! vendedor le ha proporcionado al comprador todos los archivos e Informer disponibles reladona- dos con pintura a base de ploim y/o peligro de pintura a base de plomo en la vivienda (anote los documentos abajo). (ii) EI vendedor no tiene archivos ni informes relacionados con pintura a base de plomo y/0 ell ro de pintura a base de plomo en la vivienda. p g Acuse de Recibo deI.Comprador(initial) (c) El comprador ha recibido copias de Coda la informaton indicada arriba. (d) El comprador ha recibido el follet0 tituIado Proteja a Su Familia del Plomo en Su Casa. (e) El comprador ha (marque (i) o (ii) abajo): C) recibido una oportunidad por 10 dia.s (o un perfodo de tiempo de mutuo acuerdo) para hater una evaluacion o inspection de nesgo de presencia de pintura a base de plomo 0.de peligros de pintura a base de plomo; o renunciado a la oportunid.ad de hater una evaluation o Inspeccidn de riesgo de presencia de pintura a base de plomo o de peligros de pintura a base de plomo. Acuse de Redbo del Agente (initial) (fl El agente le ha informado al vendedor de las obligadones del vendedor de acuerdo con 42 U.S.C. 4852(d) y est6 consciente de su responsabilidad de asegurar su cumplimiento. CertifrcacOn de Exactitud Las partes siguientes han revisado la information que aparece arriba y certifican que, segun su entender, toda la information que han proporcionado es verdadera y exacta. Vendedor Fecha Vendedor Fecha =omprador Fecha comprador Fecha ,gente Fecha Agente Fecha f =Elmo 4 ma s 3'r - •2.y.i�L-ci'i2'� t u .. 1 4 1! wy 4 imp x. ff o ... i '1 fr r ♦ • ♦. 1 1 1 :x x6 6 id C�xc< tar ♦- �., was ;.t,�,, lbk '1,���.` E ' �`�t-�; � . �� •.. ♦ M igaz� ° bti r •. - • JOB PO4,1 . TT l i 1 IL Are ' flu Planning To Buy, Beta, or Renovate a Home Built Before 1978? any houses and apartments built before 1978 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: =?rtiry LANDLORDS have to disclose known infor- t mation on lead-based paint and lead-based paint hazards before leases take effect. s Leases must include a disclosure form is 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. a=`` RENOVATORS have to give you this pamphlet before starting work. (After June 1, 1999.) IF YOU WANT P,;ORE INFORMATION on these requirements, call the National Lead Information Clearinghouse at 1-800-424-LEAD, __....-- ------.....-...._.-_... --._.._.......-...-._...-...--------------......_..........------------ .._..... This 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 R*orn paint, gust, and Soil Can Be Dangerous If Not Mahaged Proprly FACT: 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. FACT: 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. Lead Gets in the Body in Many Mys In the People can get lead in their body if they: Uflited '01 Put their hands or other objects States, covered with lead dust in their mouths. abaUt Eat paint chips or soil that contains 900,000 lead. Children ages D Breathe in lead dust (especially during I to 5 have a renovations that disturb painted b100d-lead surfaces). l°tr21 above Lead is even more dangerous to children she -level of than adults because: -------- Babies and young children often put Even cj�ildren their hands and other. objects in their ;ry y� mouths. These objects can have lead f7eaIth; c,7rt dust on them. t;rDVe d�Inger- Children's growing bodies absorb more ous levels of lead, their Children's brains and nervous systems bodies. are more sensitive to the damaging effects of lead. �� �'::,�'-. � t f 1 i i y f i 2 ` - '1 Lead's Effects If not detected early, children with high levels of lead in their bodies can suffer from: Damage to the brain and Lr7.3(arl:r.t�i�r,.0 -nervous system - Behavior and learning problems (such as hyperactivity) rl;rr��r4 A Slowed growth Hearing problems s,•k Headaches Lead is also harmful to adults. can suffer from: Adults Difficulties during pregnancy 9p g -6 Other reproductive problems (in both men and women) High blood pressure Digestive problems 'a_a -rx Nerve disorders r<_:,f,:�jt, <V> Memory and concentration problems Muscle and joint pain Lead.affects the body in many plays. LET ere Lead-Based Paint Is Found In general, Many homes built before 1978 have lead- based paint. The federal government the abler YOLir banned lead-based paint from housing in horrie, the 1978. Some states stopped its use even n1ore 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 oth-er sources such as past.use of leaded gas in cars.) Checking Your Family f, ,,_. O-_ Ge-11. your To reduce your child's exposure to lead, get your child checked, have your home children and tested (especially if your home has paint 1iorne tested An poor condition and was built before if you think 1978), and fix any hazards you may have. your home Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and has high leer- tend to peak at 18.to 24 months of age. el5 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. 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 Be a Hazard Lead-based paint that is in good condition is usually not a hazard. Lead from Peeling, chipping, chalking,,or cracking PaMt Chips, lead-based paint is a hazard and needs Which you immediate attention. Lead-based paint-may also be a hazard Cain 5 �, and when found on surfaces that children can lead dL]St, chew or that get. a lot of wear-and-tear, bl1hlCh you These areas include: CaWt always. Windows and window sills. S£er can both Doors and door frames. b� S�°!'ftLiS Stairs, railings, and banisters. hazards., 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 € f= can re-enter the air when people vac- uum, sweep, or walk through it. P Lead in soil can be a hazard when children play in bare soil or when J people bring soil into the house on their shoes. Call your state to agency (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- ards in one of two ways, or both: that a home Q A paint inspection tells you the lead has lead- content of every different type of painted based paint surface in your home. It won't tell you +may,not tell whether the paint is a hazard or how you YOU If 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. Have 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 1-800- °:;,.` 424-LEAD for a list of contacts in your area. = Trained professionals use a range of methods - - z when checking your home; including: Visual inspection of paint condition and location. A portable x-ray fluorescence XRF y ( ) 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 • 1 L I� hat Volt Can Do Now To Protect You.r 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 our landlord of g or chipping y 9 Paint peeling . �.: ..• ~�;,�=� 0 Clean paint chip •, • :K.,=�'_:� �Xz. n uP Pai s immediately. ............. � . `v Clean floors; window frames, window sills, and other 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. f� to Thoroughly rinse sponges and mop heads after cleaning dirty or dusty i' s�'•'� K'ti areas. Wash children`s hands often, especial- A ly before they eat and before nap time �_ :• and bed time. r Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals ` regularly. Keep children from chewing Window sills or other painted surfaces. Clean or remove shoes before entering your home to avoid tracking in lead from soil. Make sure children eat nutritious, low-fat meals high z K ��. in iron and calcium, such as -�� �` Y k ` , rccualJ. spinach and dairy products. �,. �.�; •�+. •� �..:.,. Children with good diets absorb less I ead 1 •�t..�..°;.�.,..;,, . 7 How To Significantly Reduce Lead Hazards in addition to day-to-day cleaning and good Removing nutrition: lead ��- ��� � You can temporarily reduce lead hazards y by taking actions such as repairing dam- can increase aged painted surfaces and planting grass the hazard to to cover soil with high lead levels. These YOU family actions (called "interim controls") are not ©y spire solutions and will need ongo- even more ead3ng ing attention. lead dust To permanently remove lead hazards, You must hire a certified lead "abate- ment" contractor; Abatement (or perma- house. nent hazard.elimination) methods include removing, sealing, or enclosing A31013-YS rse a lead-based paint with special materials. prof essio-nal who Just painting over the hazard.with regular rs t an*n' e to paint is not enough: ra,-,nouv lead hazLrrTs sanely: 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 Y.. ' ° • rules as set by their state or by the federal 4 government. Call your state agency (see page 11) for whelp with locating certified contractors in your area and to see if financial assistance is available. sz " . 5 Remodeling or Renovating a Home With Lead-Based Paint Take precautions before your contractor or you begin remodeling or renovations that -_- disturb painted surfaces (such as scraping "` ~'Z off paint or tearing out walls): _ . Have the area tested for lead-based , :'.-'-;' paint. Do not use a belt-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 longs �D after the work is done. Temporarily move your family es e- conducted cially children and pregnant women) p° � ' }, out of the apartment or house until C°'taro types the work is done and the area is prop- G3 renova- erly cleaned. If you can't move your t1ODs can family, at Feast completely seal off the release lead work area. - Follow other safety measures to fr oft paint reduce lead hazards. You can find out and dust into about other safety measures by calling thaF 1-800-424-LEAD. Ask for the brochure' "Reducing Lead Hazards When _ Remodeling Your Home." This brochure `y rte-_-;;-.-. , ,. explains what to do before, during, and after renovations. If.you have already com p leted rova- tions or remodeling that could have released16ad-based paint or dust, get your young children tested and follow . the steps outlined on of 7 this age p brochure. 9 Other Sources of Lead a 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 t`1 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 P,17ile Paint, dust, cooking. _ and sail are the most corn-Mon Run water for 15 to 30 seconds IQQd hazards, before drinking.it, especially if you othai'lead have not used your water for a few sotir ces also exist. hours. 44.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 4; !;�k -, 's clothes. �.,= painted a inted toys and furniture. Food and liquids stored in lead crystal or lead-glazed pottery or porcelain. Lead smelters or other industries that r release lead into the'air. r Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. J 4 Folk remedies that contain lead, such as "greta" and "azarcon" used to treat an upset stomach. 4 1C 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: vvww:epa.gov/lead and vvww.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 at 1-800-424-LEAD. ;f A 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 consumer products, or to report an i =✓< s� unsafe consumer product or a prod- uct-related injury call 1-800-638- -----~~': 2772. (Internet: www @cpsc.gov). �l``"''�� - — t For the hearing impaired, call TDD 1- � = V 800-638-8270. :_ 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 vvww.epa.gov/lead or contact the National Lead Information Center at 1-800-424-LEAD. 11 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 6 U.S. EPA Region 1 1445 Ross Avenue, 12th Floor Suite 1100 (CPT) Dallas, TX 75202-2733 One Congress Street (214) 665-7577 Boston, MA 0211.4.2023 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 (ARID-RALI) Building 209, Mail Stop 225 901 N. 5th Street Edison, NJ 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) 814-5000 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. Region 9 U.S. EPA Region 4 75 Hawthorne Street 61 Forsyth Street, SW San Francisco, CA 94105 Atlanta, GA 30303 (415) 744-1124 (404) 562-8998 Region 5 (Illinois, Indiana, Michigan, Region 10 (Idaho, Oregon, Washington, Minnesota, Ohio, Wisconsin) Alaska) Regional Lead Contact Regional Lead Contact U.S. EPA Region 5 (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 .i 1 CRSC Regional Offices Your Regional CPSC Office can provide further information regard- ing regulations and consumer product safety. Eastern Regional Center Western 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 BUD 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 i.-i �• 1 rip P To Profiec Your Fa�niiy � i 3 t AA � or w t � • . J \ ,L t.tffjt,5 f; . TY� ? •.. I •. • SR.6 raj? e.•' >,� fig z. t f! XEtf �5 c z � VY _ - g+` f aLCU<Hv dv at>1 ,2TK3xf?e* +astft .... .a'kZ i� 'C• .GA`s 7�__c—'. .r ` f ,—f �i�tu.>ci� f` �---�-`- :� �fi«r [ i�.� 'L�tr►���r�l�rtEtBE�ut�aansa�'Ceast�F gent � �-r--�, ;�,,,, ��r»�= �,.� Pe P�OOn�m�Fbbee~, �h < < G�b�+s� � G .fh?rT:k • t�h ..< rf wx,q .f �.1'��a.. --'mac-- _ Ao � �' tc2¢Y• as ^'<.�, '$'^['�is si r \f •fs4 r-G Y �.irn. S.E � z-�, �a� 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 7978 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. Sellers Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or(ii) below): (1) 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 Your Familyfrom 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 (ii) 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 i CITY OF FORT WORTH ATTACHMENT I HOUSING DEPARTMENT SUBGRANTEE'S REQUEST FOR FUNDS Agency Program Name: Contract Number: Report Period: Date of Request: a I..M.t CASH BALANCE ANALYSIS FOR 1. Beginning Cash Balance $ $ 2. Amount Received: Program Income $ $ City of Fort Worth $ $ Interest Earned $ $ 3. Total Finds Available(1 +2) $ $ 4. Less Expenditure(detail statement cost) $ $ 5. ENDING CASH BALANCE (3-4) $ $ u p is 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) $ Y - _ I. MARS-Purchasing Request A. MARS INPUT: Vendor/PO Number/Requisition Number B. Fund/Account/Center C. Total Amount of this Request 1. Verification A: Model Blocks Planner: B. Contract Manager: C. Accounting: 2. Authorization A. Agency: B. Mgmt&Budget Administrator Housing Director IT OVER ss,5MOO �� > i CITY OF FORT WORTH ATTACHMENT H HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION DETAIL STATEMENT OF COSTS CONTRACT NO. DATE AGENCY TO PROGRAM REPORTPERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT. BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES ISalaries 516010 FICA . 518010 Life Insurance 518050 Health Insurance 518060 Unem to ent-Federal 518090 Unemployment Talc-State 518090 Worker's Comp 518040 Retirement 518070 SUPPLIES Office Supplies 521010 Postage 521020 Teaching Aids 522030 Food Supplies 522030 Other Operating Supplies 523300 CONTRACTUAL SERVICES Tele hone 535040 Electric 535020 Gas(Utility) 535010 Water/Waste Disposal 535030 Rent(Building) 537010 Custodial Services 539220 Office E ui ment Rental 537030 Printin 533030 Repairs 53600 Fidelity Bond 538210 Liabili" Insurance 534020 Legal&Accounting 538060 Private Auto Allowance-Local 532130 Advertising 533010 Conferences&Seminars 531180 Contractual Services 539120 Indirect Cost 517010 CAPITAL OUTLAY Furniture,Fixtures 541330 Dflice Equipment 541370 ?rope?roperty Insurance rOTAL 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. fAME and TITLE OF AUTBORIZED OFFICER SIGNATURE and DATE j CITY OF FORT WORTH ATTACHMENT M HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION EXPENDITURES WORKSHEET CONTRACT NO. DATE AGENCY TO PROGRAM REPORT PERIOD CHECK NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ?5 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. cME 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: ' DATE: PROJ ECT: Client Name PERFORMANCE REPORT HOUSING DEPARTMENT FUNDING YEAR: Female No. Headed Age Sex Ethnicity Race H/C anvil Annual Household Family Income * Ethnicity: 1. Hispanic/Latina 2. Non Hispanic/Latino ** Race: 1. 2. 3- 4. 5. White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander 6. American Indian/Alaskan Native & White 7. Asia & White 8. BIack/African American & White 9. American Indian/Alaskan Native & Black/African American 10. Other Multi- Racial Address ATTACHMENT V i 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: *Attach an Addendum for multiple units constructed. The "Owner' Representative" (as defined below) shall compensate the Contractor a total slim 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: TERiIMS.AND CONDITIONS Article 1 GENERAL PROVISIONS 1.1 TERNIS USED IN THE CONTRACT 1.1(a). This Contract,,the Infill Program and Specifications for Construction of Single Family Homes as a requirement of participating in the City of Fort Worth Infill Housing Program represent the entire and integrated agreement between the parties and are together referred to as "Contract Documents". 1.1(b). The term "Work" shall mean the construction and services required including all labor, materials, equipment and services provided by the Contractor to fulfill the Contractor's" obligations and responsibilities under the Contract Documents. 1.1(c ). The terns Owner's Representative shall mean: the City of Fort Worth Housing Department who provides administration of the Contract as described in the Contract I 07/25/00 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 2.4 OWNER'S RIGHT TO PERFORM 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 cure their defect. The contractor then shall timely reimburse the Owner for the cost of contracting with the third party and the cost to cure the defect. Article 3 RESONSIBILITIES OF THE CONTRACTOR :3.1 EXECUTION OF THE CONTRACT - "- Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. ' 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE CONTRACTOR The Contractor shall carefillly study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the Owner's Representative. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3(a). The "Contractor shall supervise and direct the Work, using "Contractor's" best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 3.3(b). The Contractor, as soon as practicable after avvard.of the Contract, shall furnish in writing to the Owner through the Owner's Representative the names of subcontractors or s,,,ippliers 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/Woman Business Enterprise (M/WBE) requirements as outlined in the "Specifications for Construction of Single . Family Homes". The Owner has a minimum goal of 40% of the dollar volume of the contract for MWBE participation. 3.3(d). The Contractor will comply with all local building codes , ordinances and the Model Energy Code. 3.4 LABOR AND MATERIALS Unless otherwise provided in the Contract Documents; the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. The Contractor shall deliver, handle, store, and install materials in accordance with manufacturer's instructions. 3.5 WARRANTY' The Contractor warrants to the Owner and Owner's Representative that: (1) materials and equipment furnished' under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; (3) the Work will conform to the requirements of the Contract Documents and the Contractor shall provide a ten year warranty. 3.6 TAXES The Contractor shall pay sales,.consumer, use and similar taxes that are legally required when the Contract is executed. 3.7 INSURANCE During the term of this contract and any extension there of, contractor shall maintain an insurance policy with the following coverage: 3.7 (a) Commercial General Liability Insurance of a minimum of $1,000,000.00 per occurrence. 3.7 (b) Business Auto Liability Insurance of a minimum of$1,000,000.00 each accident. 3.7 (c) Statutory Workers' Compensation Insurance including employer's liability. 3.7 (d) Builder's Risk Insurance to cover the property in the course of the project (against fire, hail, theft, etc, of materials and incomplete constriction). 3.7 (e) In addition, the City of Fort Worth and Fort Worth Housing Finance Corporation shall be endorsed as an additional insured on all insurance policies. 4 07/28/00 3.8 PERMITS, FEES AND NOTICES 3.8(a). The Contractor shall obtain,and pay for the building permit and other permits and government fees, licenses and inspections necessary for proper execution and completion of the Work. 3.8(b). The Contractor shall comply with the notices .required by agencies having jurisdiction over the Work. If the Contractor performs work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without notice to the Architect, Owner's Representative and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect/Owner's Representative in writing of, any knbwn inconsistencies in the Contract Documents with such governmental laws, rules and regulations. 3.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner. 3.10 SUBMITTALS The Contractor shall promptly review, approve in writing and submit to the Owner's Representative Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents. Shop Drawings, Product Data, Samples and similar submittals are not a part of the Contract Documents. 3.11 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or,patching required to complete the Work or to make its parts fit together properly. 3.12 CLEANING UP The Contractor shall keep the premises and surrounding'area free from accumulation of debris and trash related to the Work. 3.13 SECTION 3 CLAUSE Executive Order 11246 prohibits job.discrimination on the basis of race, color, religion, gender, or national origin and requires affirmative action to assure equality of opportunity in all aspects of employment. The Contractor also agrees to the following: A. The work to be performed tinder this contract is on a project assisted Linder 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 lu. 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 s11.11-stantia1 part by persons residing in the area of the project- 5 07/28/00 B. The parties to this contract will comply with provisions of said Section 3 and the regLilations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. C. Contractor shall send to each labor organization or representative of workers with which he has collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under Section 3 clause and shall post copies of the notice in conspicuous places available to employees,and applicants for employment or training. D. Contractor shall include this Section 3 and in every subcontract for work in connection with the project and will, at the direction of the applicant or the recipient of Federal financial assistance, take appropriate actioa 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 -vvill. 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 fillfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. 3.14 INDEMNIFICATION Contractor covenants and agrees to and does Hereby indemnify, hold harmless and defend, at its own expense, Owner's Representative, its officers, agents, servants .and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder.by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by . the alleged negligence of the officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner's Representative; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner's Representative, its officers, agents, servants and employees for any and all claims or'suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be perfommed hereunder by Contractor, its officers, agents, en1711 ees, 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 Owner's Representative. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner's Representative from and against any and all injuries, damage, loss or destruction to property of Owner's Representative during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resultin from, in whole or in art, any and all alleged acts or omissions officers, agents, servants, em to ees, contractors, subcontractors, licensees, invitees of Owner's Representative. Article 4 OWNER'S REPRESENTATIVE RESPONSIBILITIES 4.1 The Owner's Representative will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. 4.2 The'Owner's Representative will not Have control over or be in charge of or be responsible for construction means, methods, techniques, sequences or procedures, or for ..safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility. The Owner's Representative will riot be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 4.3 The Owner's Representative will have the authority to reject Work that does not. conform to the Contract Documents. 4.4- ' The Owner's Represen'tative'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 � t 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. Stich changes shall be written orders and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 6.3 If concealed or unknown physical conditions. are encountered at the site that differ materially from those indicated in the Contract Doctments or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjust!nent. g 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. Stich failure constitutes a default and is subject to the provisions in Section 2.3. The Contractor shalt 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 23, 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(;x). 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. SUC'l application shall be supported b5, data substantiating the Contractor's" right to r , U_ ., 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. t 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 07/28/00 arising out of the Contract and any other documents, certificates, surveys or warranties required by Contract Documents. 9.4(c). Acceptance of final payment by the Contractor, a subcontractor or a material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Article 10 SAFETY PRECAUTIONS AND PROGRAMS t 10.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall promptly remedy loss and damage to property caused in whole or in part by the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Article 11 TERMINATION OF THE CONTRACT . 11.1 TERMINATION BY THE CONTRACTOR If the Owner fails to make payments when due- or breaches any other terms of this Contract, the Contractor may terminate the Contract, upon written notice to the Owner, and recover from the Owner payment for Work executed and for proven loss with respect to materials; equipment, tools, construction equipmeit an machinery, including reasonable overhead, profit and damages. 11.2 TERMINATION BY THE OWNER 11.2(x): The Owner or the Owner's Representative upon written consent from Owner, may terminate the.Contract if the Contractor:- 1. consistently, persistently or repeatedly refuses or fails to .supply enough properly skilled workers or proper materials; 2. fails to make payments to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors;. 3. violates federal, state or local laws, ordinances, rules, regulations or orders of a public authority having jurisdiction; or 4. is otherwise in breach of a provision of the Contract Documents. 11.2(b). When any of the above reasons exist, the Owner , after consultation with the Owner's Representative, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and Contractor's surety if any, written notice, terminate the employment of the Contractor and nay: I I 07/28!00 1. take possession of the site and of all materials thereon owned by the Contractor; 2. finish the Work by whatever reasonable means or method the Owner may deem expedient. 11.2(c ). When the Owner or Owner's Representative terminates the Contract for one of the reasons listed in 11.2(a), the Contractor shall not be entitled to receive further payment until all the Work is completed and accepted. 11.2(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. 12 011/2 8,100 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 1. ADDENDUM #1 A minimum of five() inspections are required: (1) FIRST REQUIRED INSPECTION Foundation- No concrete shall be placed without the steel, poly, plumbing and beams inspection. After inspection is completed and the slab is poured the contractor will receive the first draw in the amount of 18% of the contract price. (2) SECOND REQUIRED INSPECTION . Framing- After the house has been framed, decked, cornice installed, roofing and siding is completed. The contractor will receive the second draw in the amount of 18% of.the contract price. (3) THIRD REQUIRED INSPECTION An inspection is required after the brick, windows, electrical rough-in, plumbing top-out, hvac rough-in and the wall insulation is completed( prior to installation of drywall). Contractor will receive the third draw in the amount of 18% of the contract price. °.(4) FOURTH REQUIRED INSPECTION An inspection is required after the installation of the drywall, tape/bed/texture, trim-out, interior and exterior paint, floor coverings, cabinets and counter tops and the plumbing trim-out is completed. The contractor will receive the fourth draw in the amount of 18% of the contract price. (5) FIFTH REQUIRED INSPECTION Final inspection- All finish work completed. Drive and approach, grading, electrical, hvac, attic insulation and the Building card has been completely signed off as being complete. The contractor will receive the fifth draw in the amount of 18% of the contract price. RETAINAGE The 10% retainage will be released after completion of the punch list and installation of the appliances. Contractor shall give Owner's representative a three (3) day notice to schedule the required inspections. 14 07/28/00 1 , 3 , i 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: $ oty of f Fort Worth, Texas Mayor and Council Communication DA,�_E_._.__.__._ REFERENCE NUMBER LOG NAME PAGE 11/27/01 _ **C-18844 05CARTER 1 of 2 SUBJECT CONTRACT WITH CARTER METROPOLITAN COMMUNITY DEVEL—OPMENT CORPORATION FOR THE HOME INVESTMENT PARTNERSHIPS PROGRAM RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with Carter Metropolitan Community Development Corporation (Carter Metro CDC) for the Home Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) in the amount of $218,351 to continue the development process and construction of homes affordable to low and moderate-income homebuyers; and 2. Authorize the contract to begin on the date of execution, and expire December 31, 2002; and 3. Authorize extension or renewal of the contract for up to one year, if Carter Metro CDC requests an extension; and 4. Authorize amendment of the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project, and in compliance with applicable laws and regulations; and 5. Authorize Carter Metro CDC to retain a portion of the proceeds, as defined by Section 92.300(a)(2) of the HOME Program. DISCULC'i SIQFJ: On August 1, 2000 (M&C G-12972), the City Council authorized a CHDO contract with Carter Metro CDC in the arnount of $232,700 (HOME funds). The contract has expired, and Carter Metro CDC is requesting a time extension to complete its goals. Under the terms of the contract, Carter Metro CDC was to initially construct three single-family homes for sale to low and moderate-income buyers. Carter Metro CDC experienced prolonged delays in the unit design, builder negotiations and site planning. These issues have now been resolved. The approval of a new contract for additional time will allow Carter Metro CDC to fulfill the terms of the original contract and undertake additional housing developments on lots owned by Carter Metro CDC from funds received from the sale of these three homes. These actions will not require any additional appropriations from the City. On November 13, 2001, the above proposal was endorsed by the Safety and Community Development Committee for approval by the City Council. Carter Metro CDC operates in COUNCIL DISTRICTS 5 and 8. City of Fort Worth, Texas Mayor and Council Communication _ REFERENCE NUMBER LOG NAME PAGE 11 7/01 **C-18844 05CARTER 2 of 2 sl��;,Jt tsr CONTRACT WITH CARTER METROPOLITAN COMMUNITY DEVELOPMENT CORPORATION FOR THE HOME INVESTMENT PARTNERSHIPS PROGRAM FISC:AL.. IN FOR MATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. JP.k i l i Sribmitted for(�il.y Manager's � FUND ACCOUNT CENTER AMOUNT CITY SECRF,T'ARY Office by: Joe P niagua _ 6140 ()rigiriatin9 Deparlrnerit Head: J"onxo Walker 7537 (from) APPROVED 11/27/01 Additiomu inrormation Contact: " 7537 -- --