HomeMy WebLinkAboutContract 28518 (2)C1iY �C�R��'�R���
CO�1'iRACT � a ��
sTaTE oF TE�s � §
§
COUNTY OF TARRANT §
THIS contraet is rnade and entered into by and between the City of Fort Worth ("City"),
acting by and through Reid Rector, its duly autharized Assistant City Manager, and
Neigk�borhoad Housing Se�rvices of FW ("Contractor"), by and through Ken Majka, its duly
authorized Board President. Contractor's business addres� is 1549 North Main Street, Suite 209,
Fort Worth, Texas 76106.
WHEREAS, the City of Fart Worth ("Cit�') has received a grant from the United States
Department of Hausing and Urban Development ("TYUD"} through the Home Investment
Partnerships Progxam ("HOME"), Program No. M-02-MC�48-0204, with which khe C�ry des�re�
to promot� activiti�s that expand the supply of affardable housing and the development of
partnerships among the City, local governrnenfs,lacal lenders, private industry and neighborhood
based nor�prafit housing organizations; and
WHEREAS, the primary purpose o� the HOME program pursuant ta the National
Affordable Housing Act of 1990 {"NAHA") and 24 CFR 92, ("the Regulations") is to benefit
low anc� wery law income citizens by providing them with affordable hausing; and
WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of
Directors, is working to incr�ase the nutnber af de�ent, affordable housing units available to low
and maderate income persa�s; and
WHEREAS, th� ciiizens and the City Council of Fort Worth have det�rmined that the
developrnent of safe, decent, and affordable housing i� needed far moderate, iow, and very lovv-
incorne citizens of Fort Worth;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNES�ETH:
1. GENERAL PROVISIONS
Puroose
The express purpose of ihis contract is to provide Cantractor with HOME funds nof to
exceed Two Hundred Sixty Two Thousand and No/100 �$262,000.�0) of whieh Two Hundred
Twelve Thousand Dollars, ($212,000.00) shall be used to provide fixnding for new construction
of three (3) single family infill houses and up to Fifty Thousand Dollars, ($SO,OOO.QO) for
operating sup�ort of the Prograrn, in accardance with Exhibit A—"Program Summary".
Eligible costs are tho�e allawecl under the HOME regulation 24 CFR 92.
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T_Tpon t.�.e sale of each hnuse, Contractor may claun a developer's fee of $30�0 ax�d any
additional sales proceeds that exceed �.he develapment cost. These �un.ds may be used by the
Coniractar, at its discretion., to further its Program gaals. �IVO t�GV2I0�7EY fEES WiTI �J� ,r7CrL[� fDY
projects �here the development co.�t exceeds the �ales price by mare thun ten pe�cent (10%}). �f',
�.uri�g this contract peri�d, Contractor maintains �he Performance Standards established by the
C'rty for retentaon of CHDO proceeds, the remaining procee�s from the sal� of each house may be
retained by the Contractor as CHDO proceeds a7nd used �o�r HOME-eligible or othe� housing
ac�ivities, as required by 24 CFR 92.300(a)(2), if the project is beg;un before the end af this
conf�ract.
The City hereby certz�ies that Contractor is a Coxzamunity Housing Development
Organization (C�IDO) aaad acts as a laousixzg develvper as defined hy HZ7D.
The City shall act throug�i its age�i, the City Manager, az 1us duly auihazi zed
repr�senfative, unless otherwise stated in this agreemez�t. Contractor agrees to comply with �he
liniforrn administrative requirements coniained in S�ctioz� 92.505 of the HOME regizlations,
xncluding Subpart F, and applicable Gity Codes and regulations.
2. A�u�ratxon/ Periad of Affordability
This Coniract begins on the date a� e�ecution of this contract and tertninates twelve (12)
manths thereafter. This Contraci may be e�tended for on� {1) ane-year texrri. In tk�e event
Contxactor desires to exten�. the ierms af this contract beyand its stated date of expiratzon af 12
monihs, it shall submii a written request for ex�ension to the City at least 60 c�ays prior to the
current expir�.tion date hereo�' and that submission shall include the Contractor's anticipated
budget, goals and objectives far the extexzded p�riod; pra�ded, hawever, tlaat tl�e City is under no
dury or obligation to gxant the requested exten�ion, and that ax�.y such r�xiension must be in
writir�g as an amendment tn thi.s contract and appxoved by the City Maalager.
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The housi.ng awned or d�velaped by Contra��or shall remain affozdable as required by
Section 92.254 of the Reg�zlations. Affordability mearis that the actnal p�cipal, interest,
property taxes, and insurance (PT�'�} for the purchase does nat exceed thi�.-t� p�r�enfi (30%) of the
monthly adjusted income of a fa.mily with an income at or beiow eighty percen� (80%) of the
median income of the area, adjusted for farnily szze, as established by �i1D. Lf the housing does
nat meet the a�fordability rec�uirements sta.ted belo�t7a, the f�nds used to produce said hausing
zx�,ust be repaid to tJae Czty. Single far�ai�y ho�sir�g developad with HOME fi�nds must remain
affordab�e housing for miniz�num periods of: 5 years where per uziit amount of HOME funds
provided is less than $15,000; 1� years where the pez unit amount of HOME funds pr�vided is
$15,000 to $40,000; aa�d 1� years vcrhere the per urut arnotu�t of HOME funds pxovided is greater
tha� $40,Qd0. Repayment of the HOME fun.ds attribuiable to the unit ar units �hat do not
maintain the HOME affordabilzty requiremenfs will be required from the Contractor, if, ai any
ti_me th� Conbractor is found to be non-compliant to the above time lim�ts.
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3. Income Eli�ibilitv and Use of Hause as Princinal Residence
The HOME program income targeting requi�ements fnr the HOME program and for
HOME pro�ects axe defined in 92 CFR 203(b)(1}(2)(3). Annual income is used to establish
homeowner eligibility. The definition af a:nnual income to deterrnine homebuyer eligibility under
this coniract shall be the d�finition specified in 92 CFR 243(b)(2). The annual income of the
homet�uyer, adjt�sted for family size shall not exceed eighty percent (80%) of the area median
income as established by IiUD. Contractar shall use the mast current HLJD Program Ilacome
Guidelines to determine program eligibili�y.
The Contractor shall insure that the homebuyer will use the hozne purchased unc�er this
pxogram as his/her principal residence during the period of affordability.
4. Housin� Standards.
New housing units constructed under this car�tract shall meet #he rnost current Model
Energy Code published by the Council oF American Building afficials, the Uniform Federal
Accessibility Siaa�daxds (LJF`A�), the Ciiy's Basic Access Ordinance No. 14171 attached as
Exhibit H and a11 other applicable standards under the City Codes and ardinances.
6. Other Reanirements
The sales price of the houses developed unc�er this contract sha11 not exceed ninety-five
percent (95%) of the median purcha�e price of the type af single family housing for Fort Worth
as detertnined by H[TD.
Tbe sales price of the house shall not exceed the appraised value of the property as
determined by an independent appxaiser.
Contractor shall demonstrate that the C�IDO fit�ads sh�ll be leveraged by other fwiding
sources.
7. Indenendent Contractor
Contractar shall op�rate hereunder as an independent coniractor and nat as an officer,
agent, servant or employee of the City. Cantractor shall have exclusive control o�, and the
exclusive right to control the details of ihe work and services performed hereund�r, and all
persons perfomvng same, and shall be solely responsibl� for the act� and omissions of its
officers, mem�ers, agents, sarvants, employees, subcontractars, prograrn pariicipants, licensees
ar invitees. The doctrine of respondeat superior shall no# apply as between City and Contractor,
its officers, membars, agents, servants, employees, subcontractors, prograrn pariicipan�s,
licensees oz- invitees, and nothing herein shall be construed as creating a partnership or joint
�nterprise between City and Contractor. It is �xpr�ssly uz�.derstood and agreed that no officer,
member, agent, employee, subcontractor, licensee ar invitee of t�ie Con�ractor, nor any program
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participazat hezewnder, zs in the pazd service of City and that City does not have the legal right �o
control fi�e deiails o�' the tasks perfaxmed hexeun.dez by Gantractdr, its off cers, members, agents,
employees, subcontraciors, program participants, Iicens�es or invitees.
Ci�ty shall in no vcjay nor under a�a.y cixcuxn.sta�aces be responszble for any property
belonging to Contractor, its af�icers, members, agents, employ�es, subconi�'actors, progzaxn
participants, licen.sees or inviiees, which may be lost, stolen, destroyed or in any way damaged;
and Contractor hereby indemnifies and holds harmless City and its affieers, agents, and
employees from and against any ax�d all claims or sUits.
8. Te�nination.
This contract may be tern�a�.ated by the City in the event of default, ir�ability, or failure to
perform on the part of Contractor, or wher�ever such tenninatian is detenmined by the City ta be
in the Gity's best interest. Likewi�e, the contraci may be terrriinated �y Contractar zf �he Ciry
daes not provide fiur�ds pursuant ta this agreement. The cor�tract may be terminated for mutual
convenience upon agreement of the parties.
The partie� acknowledge that HQME funds paid herew�der are in.tend.ed ta provic�e anly
partial funding for Contractor's program op�r�.tzons. If non-HOME funds ta iax�plezx�.ent the
pragiram axe xaot �orihco�ing to the Contractar during the coniract term, the Ciiy may termivate
this contract.
Pursuant to the City's C�IDO Program and Funding Requirements, Contractor shall beg�in
acquisitiion and construction vcYark within l.2 morzths from the date of contract execution. Failure
to start within the 12-month period is grounds for termina�ion,
Ciiy shall notify the Cflnfxactor in writing of any breach of this contxact, and specify a
reasanable tixne within which to cure the particular breach. After being notified af such breach,
and if the breach is deemed to be xxaate�ial, if Contractor fails to c�e the breach within the time
stated in t�e notice, this contract shall auiamat�cally tern�inate at the expiration of tha stated tirne
allowed for cure.
Cantractoz' w�ill retur�n to City any unused manies prev�ously distxibuted under �his
contrac# within thirly (3Q) days of the effective date of contraci termination. City will Y�ave no
responsibility or liability for Caniractar's expendituzes or actions occurring after the effective
daie of the contrac� termination.
9. Venue
�hauld any action, whether real or asserted, at 1aw or in equity, arise out of the execuiion,
pexformance, atte�npted perfarmance or non-perfox�mance of this agreement, ven�xe for said aciion
sha.11 be in Tarrant Coitnty, Texas.
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10. VVritter� Instrument is Er�tire A�'eement
AlI tern�s of this contract shall apply to any ar�d al1 subcontractors of Contractor which
ara in any way paid with HOME funds or wha perfonn any work in connection with Contractor's
Program.
Th� provisions o� �his a,gxeemenfi are severable, and, if for any reasan a clause, sentence,
paragraph or ather part of this agree�nent shall be determ�ined to be invalid by a court or federal
or state agency, board or cornrnission having jurisdiction over the subject matter thereof, such
invalidity shall not a#'fect other provisions which can be givez� effect without the invalid
provision.
The �ailure oi the City ta insist upon the performance of any tertn ar provision of this
agreement or to exercise any righi herein con.�'ert�ed shall nat be consir�xed as a waiver ar
xalinquish�xzent to aarry extent of the City's right �o assert or rely upon any such ter�a oz �right on
any futtxre accasion,
This written insirument and ihe exhibits attached hezeto, which are incorporated by
reference and made a part af this coniract for all purposes, constitutes the entire contract by the
partaes he�reto concerning the work� and services to be performec� under this contract. Any pmiox or
coniernporaneous oral ar writken agreenaent, which purparts to vary the terms. of t�is contract,
shall be void. Any arnendm�nts to �he terms of this confaract must be in writing and musi be
approved by each party to this contract.
The paragraph hea�gs coz�taaz�ed herein axe for convenience in reference ta this contract
and are not inten�ed to define or to limit �.e scope of azry �rovision of this contract.
11. DUTIES AND RESPON�]BILZTIES OF CITY
A. Disbuarsement of Funds
The City wi11 �ut7nish federal gran� funds, (HUTa HOME Investment Partnershi.ps Program
No. M-02-MC-4S-0204 for use as stated h�r�in. The City will �rzax�aitor the use of such funds to
ensure appropriate use of the funds. Funds shall be disbursed aft�r executian afthis �ontract and
campliance w�it�. the provi.sions therein. Disbursements from the HOME account for actua.l
acquisition, consiruction, and/or sale w�i11' not be made jantil actzza�ly nc�aded for payment.
Paymeni of expe�ses wzll zequire completian of a"Request For F�ds" form (A#tachment �),
and a copy of suppariing documents, includi�za.g the property sales contract, �.ppraisa�, notice to
seller, environmental review and contract between Contractor and builder attached as Eghibit E-
"Contract For Constrnction".
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B. Amount of Funds
�t is agreed that the total dis�butian af federal grant fiinds made a�aiiable to or paid on
b�half of Contractor, during the term of f.his contract shall not exceed ihe tota.l suxr� of Two
H�andred Sixty Two Thau�and and No/10� ($2�2,000.00).
Contractor shall be paid on an advance of funds basis far al1 expenses incurred under this
cantract to pay �or specific aperating cast� and housing development costs, including lot
acquisition and related housing soft casis. Priar to the �elease of fiands far construction draws
work items must pass inspeciion by City's Housing Deparkment inspectors evidenced by a
completed in.specfion form Exh�bit F-"Reqnest for Inspection".
12. DUTTES AND RESPONSIBTLTT�ES OF CONTR,A.CTOR
A. Statement of Work, Bud�ei and Time Li.xxe foz- Goals and Ex�endituzes
Contractar will use the Two Hundred Sixiy Two Thousand Dollars and No/10Q
{$262,000) in HOME funds provided under this cantxact to develop housing af'fordable to low
axad very-low income families. .Contractor may anly use HOME funds for activi�ies that are
HOME eligible. �
Fifly Thousand Dollars a�d. No/140 ($50,000.00) will be used for specific administrative
needs of Con�ractar and Two Hundred Twelve Thousand DolZars, ($212,�Oa.00) for consfruction
and sale of f�uree (3) new houses in accarda.�.ce wiih Exhibit B-"Program Budget" .
Contractor shall in.sure that homebuyers complete a hameawnership training
prograin pz�or to closing. Contractar shall also help homebuyers abtain closing cost assistance
andlor d�ferred loan payment under the City's Homebuyer's Assistat�ce Program or othez
available programs ta make housing affordable ta hazz�ebuyers. . Funds vvill be utilized only to
pzovide affordable housing within the City of Fort Worth, Te�as.
B, Bud�et
Contractor agrees �iat the HOME funds will be expended in accordance with the
prajected Program Budget ixi Exhibit B attached hereta and incozporated for aIl pu�poses. �1ny
change exceeding ten percent (10%} af the total cost per hausin.g unit showx� in thzs Budget shail
be rnade o�ly with prior written approval of the City. Under na circums�ances shall �he total
arnount of program funds expended by Contractor from funds paid by the City exceed Two
Hundred Sixty Two Tha�xsand and No/100 ($262,000.00}.
The .funds far housing construction will be payable based on a drawdawn schedule based
on extent o� cozz�pletzon of each house as approved by the City housing inspectars. Conf.x'actor
shall demonstrate that fhe C�IDO funds shall be leveraged by oiher fizndizag sources.
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C. Time Line for Goals and Exu�nd-itures
Contractor sha11 woxk in accordance with the schedule in the Prograrn Irnplernentafizon
Tim�line in Eghibi� C ar�d ensure that program goa�s and expenditures carrespond with the
compl�tion of ihe Pragram.
D. Reversion of Assets
Contracior agrees to return to the City any HOME fu�ds remaining an hand at ihe end of
the conf�act. Tf repayments, ir�iezest or other returns on invesf,ment attributable ta HOME funds
are received after the term of this confraet, they shall be xeturned to the City ta be deposited iz�.
the City's HOME account.
In ihe event t�e Contracios administering the developmen� �und established under this
contract is dissolved, this coza�Z'act shall thereupon terminat�. In the event this contract is
te�ninated wi�h or wi�hout causa, or for any reason whatsoever, all assets of the HOME
development fizz�d zncluding cash, interest payments thereon from loans or afil�erwise, all
ouistanding notes, mortgages az�.d ather instruments to secure H�ME f�nds and any r�al property
valued in excess of $25,000 owned by �ae Contractor less than five y�ars or a longer period of
time that was acquired or improved wiih HOME funds fron:i ihe development fiznd shall beloz�g
to the City and shaJ.l be transferred to tha City or to such assignees as the Gity may deszgnate.
E. Affirmative Markeiin�
Contractor must adopt affirmaiive zmarketing procedures and requirements for all HOME
housing. The proceduras and rec�uirements must zriclude methods for informing the public,
own�rs and potentzal homebuyers about fair housing laws and policies so as to ensure �at all
individuals, without regard for xace, creed, nationaliiy or religion, a�e given an equal apportunity
io participate �n the Prograrn. The Coz�tractor will be sol�ly respanszble for the effective
marketing responsibilities necessary to achieve the Caniractor's production goals.
F. Recat�ture Provisions
Contractor und�rstarlds that there are specific property requirer�ner�ts an HONIE-fw�ded
properties axid a requirement tk�at the homebuyer must use the property as its pri.ncipal residence.
These requiremen�s shall be incorporated in tbe praperiy deed r�striction or cnvenant xlannir,g
with the land. In addition, the loan documents (Deed of Tru.st Note) shouid also incarporate
these rec�uixements. The recapture provisions wzll �remain in effect on property purchased and / or
developed with HOME funds for at Ieast the minirnum affQrdability periods specified in Section
92.254 af �lie Regulations.
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Any HOME funds invested in housing that faiXures to meet the affordability requirements
for the }�eriod specified in Section 92.254 must be repaid to the City in accordance with Sec�ions
92.503(b) and 92.504(c)(3) of fihe Regulations.
G. Records and Renorts
Contxactar will keep or cause to he kept an accurate record of all actians taken and all
funds expended, with source docurnents, in ihe pursuit of the obj�ctives of the performance o�
this contract. Such records shall be kept for ihe period of affordability mandated by the
Regulations.
Con�ractor wi11 ohtain and keep on file the following infoznaatian on each client sexved by
the Program:
a. Annuai incon�e and size of fhe household;
b. Ethnic group of th� client, using one of the follawing five
categories: White, not Hispanic; Black, not Hispanic; Hispanic;
Asian or Pacific Islander; American Tndian or Alaskan Native;
c. �+Vhether the head of household is zx�ale or female; is a single male
or female household with ar without children;
d. AClt�1'�lOri� statistical information as zx�.ay be req�aired by TIUD
regulations and any amendments ihereto.
e. Contracior will keep on fiIe the following informatifln �nd
dacumentation �n each individual project:
f. Proof that the proj ect meets the applicable property standards;
g. The per unit amoui�t of HOME dollars invested;
h. The eampl�ance with the aff�mative marketing requirements and
existenc� of acceptable proceduxes;
i. Compliance with relocatio� requirernents;
j. Minority ar�d feaGx�ale owned business data, and affirmative fair ho�sing
actions;
k. cozx�.plia�ce wiih conflict of interest rules.
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By the ] Sth of each manth %r the duration of this conlxaci, including � the period af
affordability as applicable, Contxac%r v�ill suppl� fi1�e City with a repoz`� detailing:
a.. Progxess toward goal achievemeni (Exhibit G-Program Servicesj; at�d
b. Expenciiture detail (AYtachment I-"Request Far Funds", Attachment II
"Deiail Staternent of Co�fs" & Attachrnez�t III "Expenditure Worksheet"}.
The amount af leveraging generated by this grant, including i#ems thai qualify as H�ME
match.
Reparts shall be submiited in the �onmat sp�cified by City. IF THE REQUiRED
REPORTS A.R� NOT �2ECEIVED BY T�E DUE DATE, THE CITY RES�RVES THE
RIGHT TO 'W�THHOLD PAYMENT� REQUESTED Ul�TDER TffiS CONTRACT AND
OTH�R COl'�TRA.CTS WITH CONTRACTOR.
H. Cast Princit�les
Contractar shall comply with the reqnirements and standard� of OMB Circula�r A-122,
"Cast Priz�ciples for Non-Profit Organizahons".
All non-federal enti�ies that expend $30Q,000 or moze in fedexal funds within one year,
regardless of t.fie saurce of the Federal award, musfi submi� to �he City an a�nual audit prepared in
accordance wiih specxfic reference to OMB Circular A-133. The audit may cover fihe period of
the coniract. The audit znust be prepared by an independent certzfied puhlic accauntant, he
comp�eted with�x� twelve (l.2) months fallowing the end af the p�riod being audited and be
subrnitted to City within ihirCy (30) days of its completion. Costs of preparation of the audit may
be an allowable expenditure af federa] fiznds in an amount propo�onal ta ihat o�' the federal
funds used 'zn Contractor's t4ta1 agency operating budget. Non-federal eniaties that expend Iess
than $30Q,040 a year in federal funds axe e�em�t from Federal audit requirements for tlaat year,
buf zecords must be available for review or audit by appropriate afficials of ihe Federal agency,
pass-throu,�h entity (City}, and General AccaUriting Office (GAO). (�xhibit U"Tndependent
Audit Requirement").
City reserves the right to perfo�m an audit of Contractor's program aperations and
fmances at any time duxing �the ierm of this contract, if Ci�y determmes that such au�it is
necessary for City's compliance with OMB Circular A-128, and Contractar agrees to a�low
access to all pertinent rnaterials as described in section headed records and reports above. If such
audit �eveals a ques�ioned practice ar expenditure, such questians must be resolved withiz� fifteen
(t 5) days after r�otice to Contractor a� such questioned practice or expenditur�. .Lf questions are
not resolwed wiihin this period, City res�zves the right to witk�hold fixr�hex funding under this
andlaz fuiure contract(s).
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If as a result of any auclit it is defermixled that Cantractar has misused, misap�Iied ar
�aisa.ppxopriated all or any part of the grant funds describ�d herein, Cont�ractor agrees to
imrnediate�y reirnburse �he City the amount of such monies so rnisused, misapplied or
misappropriated, plus tbe amaux�t of any sanctions, penalty or o#her charge Ievied againsti City
because of such misuse, misapplicahoz� or misappropriation.
7. Monitor E�fectiveness of Services and Work
The City will re�rievc� th.e activities and performance of each contractor and subXecipient
not less thaa� annually as required in Seciion 92.SD4 {e) of the HOME regulations.
Contractar agrees to fully cooperate with City in monitoring the effec#zveness af the
services and woxk �o ba perfprmed by Contractor's compliance with the terms of this cantract.
The City shall have access at all reasonable hours ta offices and records (dealing with the use of
the fi.inds that are the basis of fhis contract) of Cantractor, its officers, directors, agents,
employees, and subcon�ractors for the purpose of such monitaring.
Contrac�or agrees to likewise monitor the effec�iveness of the s�rvices and work to be
pez�ormed by its subcantractors.
J. Com�liax�ce with All Aronlicable Laws and Re�txlatiaz�s
Federal
Contractor agrees to cornply �vith the £ollowing laws and the regulations issued
thereunder as they are currently written or are herea�ter amended during performance oi
this contract:
Title VI of Civil Rights Act of 196�1(42 USC 2000d et sec�}
Title V]II o� Czvil Rights Aci af 1968 (42 USC 3601 et seq}
Executive Orders 11Q63, 11246, as am.ended by 11375 and as supplemented by
Department of Labor regulations (41 CFR, �art 60)
Section 504 of ihe Rehabilitation Act of 1973 (29 USC 794)
The Age Discrimination Act of 1975 (42 USC 6101 et se�
National Envixozux�ental Policy Act of 1969 (NEPA) a�d the related authorities
listed HLTD's impleme�tu�g regulations (24 CFR P�rt 58}
Immigration Reform and Cont�z'ol Act af 1986 (Pub. L. 99-603, 100 Stat .3359, as
amez�ded) specifically including the provisions zequiiring ezn�loyer ver�fications o�
1ega1 work�r status of ifs ezxaployees
Housing and Community DEv�lopment Act of 1987 (Pub. L. 100-2�2, 101 Stat.
1815, as amended)
The A�ericans wi�h Disabilities Act o� 1990 (42 USC 1.2101 et sey}
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National Af�aardable Housing Act of 199f}
The DrUg Free Workplace Act of 1988 (24 CFRpart 23, subpart F)
Section 3 of the Housing and Urban Develop�raent Act of 1968, as amended, 12 USC
1701
As the work performed undez this cont�act is on a project assisted under a pxograxn
provid'zng direci federal financial ass'rstance frorxi the HTJD and is subject to the requir�ments of
Section 3 of the Housing and Urban Develapment Act o#' 1968, as amended, 12 USC 170],
Coniractor cavenants to abide by the requirements of the sa�d Section 3. It req�aires as fvllows: �
1. That, to �he g�reatest exient feasible, opportunr.ties for �'aa�ing a�d
employment be given to lower income xesic�ents of the project area, and
2�. That, to the greatest extent feasible, contracis far woxk i.z� cannection with
the project be av�axded to business concerns, which are located in or owz�ed in
substanfiial part by persons residing in the area of the proj ect.
Cont�ractor will comply with the �rovisions of said Section 3 and the regulation�
issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in
24 CFR 135, and a11 applicable rules and orders of the Department issued thereunder
priar to the execution of this contract. Contractor certifies az�d agrees �hat it is under na
contractual or other impedi.ment, which would preveni it frpxn complying with thE
requirements.
Cont�ractar agrees that it will send to eac� Iabor orga�i.zation ar representative of
workers with wh�ich it has a colleciive baxgainit�g agreement or other contraet or
understanding, if any, a notice advising said labor organizafion ar workers representatives
of its commitments under this Section 3 cla�ase and shall past copies of the no�ice in
conspicuous places available to employees �nd applicants �or employment or training.
Coniractar agrees.that it will include the said Section 3 clause in every subconixact
for wark in connection �rith t1�e pro�ect anc� uTill, at thE direction of City, take appropriate
action pursuant to the subcontract upon a finding that ihe subcontractar is in vialation af
regulat�ons issued by the Secr�tary o� Haus�inig and Urban Development, CFR135.
Contractoz agrees that it will not subcontract with az�y subcontractor where it 1�as notice
or knowl�dge �hat th.e Iatter has been found in via�ation of xeg,ulations under 24 CFR 135
and will nat let any subcantract unless the subcantracior has first provided Contraetor
wi.th a preliminary sta�ement of ability to comply with fi1�e rec�uirements of these
regulations,
City �and Contractor understand and agree that compliance wxih the pravisions of
Section 3, the regulatians set farth in 24 CFR 135, and all applicable rules and orders o�
the Department issu�d thereunder prior to the execution af tl�zs contract shall be a
Page 11
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condition of the Fcderal financial assistance pz-avided to �he pro�ect, binding upon City
and Cont�rac#or, and their respective successors, assignees and subcoz�tractaxs. Failure to
fulfill these requirements shall subjeci Contractar and its subcontractors, its successaxs
and assignees, to those sanc�ioris speczfied by tl�e Crrant Agreem�nt tlirough which federal
ass�sta�ce is provided and ta such sanetions as are specified by 24 CFR.
Clean Ai.r Act; C1ean Watex Act; Environmental Protection Ag�ncy (EPA} Acts
and Regulations
This contract is subject to the xequirements af Sectio:n 306 of the C1ean Air Act,
as amended (42 USC 1857(h) ei se�q.), �ection SQS of the Clean Wafier Act (33 USC
1368), Wai�r Pollutio�n Confirol Act, as amended (33 USC 1251 et seq.} anc� the
regulations of the EPA with respect thereto at 40 CFR, Part 15, as amended from tame to
t�xne, and Executive Order 11738 (42 USC 76a6 nt.). In compliance wrth said
regulatians, Cant�ractoz agrees and, with respect to a nonexempt tz'ax�saction, sha.Il require
each subcontractor to agree to iche following requiremen�s:
1. A stipulation ihat no �acility to be utili.zed in th� performance of
nonexerr�pt contract or subcontract work is included on t�e List of Violating Facilities
issued by the (EPA} pursuan# to 40 CFR 15.20;
2. Coxnpliance vvith alI the requirements of Section 11� of the Clean Air Act,
as a�x�ended (42 USC 1857e-S}, and Section 308 of the Federal Water Pollution Control
Act, as amenc�ed (33 USC 131$), re�ating to inspectian, moz�.itoring, entry, reports and
information, as well as all othear requirements specified in said �ec�ion 114 and Section
30S and all regulations and giudelines i.ssued hereunder;
3. A stipulation that, as a canditian far the award of the contract, pz-ampt
not�ce wiZl be given of any natif cation received from the Director, Office of Federal
Activities, EPA, indicating that a faciliiy utiliz�d or ta be unlized for the contract is under
consideration to be listed on �e EPA List of Violating Facilities;
4. Agreement by Cantractar khat it will incl�de ar cause to be included the
criteria and requiremenis af this seciion in every na�exempt subcontract, requiring fhat
Cantractor will take s�ch action as City may direct as a means of enforcing sucb
�rovisions.
in no event, shall any amount of the assistance provided und�r �his contract be
ut�Iized with respect to a facility, which has given �rzse ta a conviction und�r the Cleazi Air
Act or the Clean Water Act.
Page 12 � - -
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K. Other Laws
Contraetar covenants and agrees th�.t its officer�, meml�ers, agents, employees, program
pariicipants and subcontractors shall abide by and comply vvith aIl other la�vs, (federal, siate and
loca�} relevaxxt to the performance of this contract, including all ordinances, rules anc� regulations
of the City af Fort Worth az�.d the Regulaiior�s. Conixactor £urtlaer promises and agrees that it has
read, a.nd is familiar with, terms and conditions of the Regulations under vcrhich fiinds are granted
and that it will fully comply wiih same. It is agreed and understood that, if Ciiy calls ihe
�itentzon of Contracfpr to az�y such violations on the part of Contractor or any of its officers,
�nembers, agents, employees, progratn park�'tcipants or subcont�ractors, then Con�racto�t shall
immediaiely desist from and correct such violaiian.
13. Prohibition A�ains� Discrimination
Contractor, in the executian, pe�fornnance oz attexnpfied performance of this contract arid
agreement, will no� discriminate against any persan because oi sex, r�.ce, zeligi.on, calor or
naiional oxigin, nor will Contractar pernu� its officers, rnembers, agents, employees,
sulicantractaz�s or pzogra�n. participants to engage in such discrimination.
During the performance of tl�is contx'act Contractar agrees, aa�d w�ill require a11 its
subcontractors to agree, as follo�vs:
Contractor wiil not tanlawfully discriininate against any employee or
applicant for ernplaymenfi because of race, color, religian, sex or national origin.
Contractar will take af�irma�ive action to ensure that applicants are employed and
that ennployees are treated fairly during ernployment vvithout regard to their race,
co1ar, religion, sex or zzation.al origin. Such action shall include, but not b�
limited to, the following; employ�nent, upgrading, demotion ar transfer,
recrUitmeni ar recruitinent advertising, layo�� or tezmzn.ation, rates of pay or other
forms of co�npansation, anc� s�lection for trait�ing, :including apprenticesYup.
Contractor agrees to post in conspicuous plaees, availa�le fo employees and
applicants for employment, notices setting forth the �3�0'V1S10llS a� this
noncliscriminatian clause.
Contractor will, in aIl solicitatians or advertisemez�ts for employees placed by ar on
behalf of Contractor, staie thai all qualified applicants wi11 r�ceive consideratzon for e�mpioyxnen.t
without regard �o z'ace, color, xeligion, sex or naiianal origin.
Tn �accordance �1�'1 $YlE policy af the Executive Branch of the federal government,
Cantractor covenants that neithar it nor any of its officers, members, agents, emplvyees, program
participants or subcont�ract�zs, while engaged in perfarnvng this contract, shall, in connection
�ith the emplayment, advancement or dischaarge of exnployees or in connactian wiih the terms,
canditians or privileges of their ernploymeni, discrirninate against persons because of their age ar
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because of any handicap, excapt on the basis of a bona fide occ�.pational qualification, retirement
plan ar statutory requirement.
Con.tractox furtlier covena�ts that neithez it nor its a�ficers, members, agents, employees,
�bcontracto�rs, program part�cipants, ox persons acting on their behalf, shall 5�?OCI�j+, in
solicitations or advertisements for employees to work on this contraet, a maximum age li�nit for
such employment unless the specified maximum age limit is based upon a bona fide occupational
qualificat�on, zeiirement plax� oz statuto�ry requireznez�t.
In accordance with the provisions of the Americans 'L�ith Disabilities Act of 1990
("ADA"), Cantrac�or wazrants that it and any of its subcontractors will not unlawfully
dasc�izx�.inate on the basis o�' disability in the provision o� sezvices to the general public, nox in the
ava.ilability, t�rms and/or conditions af employment far applicants for emplayment with, ox
eriiployees of Contractar or any of its subcontractors. Contractor warrants it will fu11y cornply
with ADA's provisions and any other applicable �ederal, state and local Iaws coneerning
disabzlity and �vzll defend, iuidezx�ify and hold City harmless against any claims or allegations
assert�d by third parti�s or subcontractors againsf City arising aut af Contractor's and/ox its
subcontractors' alleged failure ta comply with the above-referenced laws concerning disability
discrimination in the performance of this agreement. .
This agreemeni is made and ex�tered ixato with xeference specifically to the ordinances
eodified at Chapter 17, Article III, D'zvisxan 3("Discrimination in Erz�.ployment Practices"), of the
City Code of the City of Fort Worth, and Contractar hereby covenants and agrees that Contracfior,
its officers, members, agents, employees and subcontraeto�rs, have fu1ly complied with all
provisions of same and that no employee, applicant or program participant has been
disariminated against under the terms o£ such ordinax�ces by either the Canfixactor or its offic�rs,
mernbers, agents, employees or subconfiractors.
].4. Prohi.bition A�ainst rnterest
No mernber, officer or employee of City or its desig�ees ar agents; no member of the
goverru�g bady of the locality in which the Prog�ram is situated, and no oth.er p��lic official of
such locality or localities, who exercises any f�nctions or responsibilities with respect io t�e
pxogram funded he�eunder duru�g his tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any con�ract ar subcon�ract, or the proceeds thereof, for work to be
performed hereunder. Gontractor sha�l incorporate, or cause ta be incoxporated, like language
prolaibiting such interest in all conira�ts and subcontracts hereunder.
No off c�r, employee, mernber or pra.gratn part�cipaxxt of Contractor or its subcontractars
sha11 have a financiai interest, direct or indirect, in this contract or t�e z�n.onies transfer�ed
hereunder ar be financially interested, diractly or indirecily, in the sal� to Contractar of any land,
materials, supplies ar se�vices puzchased with any funds transferred hereunder, exe�pt on behalf
of Contractar, as an o�F'icar, employee, meznber ar prograxn participant. Any willfui violation of
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this paragraph with the lalowledge, expressed or implied, of Contractor or its subcontractors shall
render this cantract void able by the City of Fort Worth. ,
No of�icer, �mployee, agent, consultant, elected official or appointed o�fzcial a� the
pat-�icipating jurisdiction, Contractor ox its subeontractors who exercised any functions or
responsibiliiies wifih respect �o activities assisted with HOME funds or who are in a posit�on to
parti.cipate in a decision malcu�g 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 thereta, ox the proceeds thereu�der, ezther
far themselves or those with whom ihey have farnily or businass ties, during their tenure or far
one (1) year therea$er.
15. Minoriijr and Women Business Ent�rprise Commitment
Contractox agrees to abide by the City of Fort Worth's ,policy �o involve minority and
women disadvantaged business ezatezpx7ises (MWBEs) in a11 phases of its procurement practices
and to provide them equal opportunity to compete for c�ntracfis for construction, provision of
professional sesvices, purchase of equi�ment and supplies and pro�ision of ather services
required by City. Therefore, Contractor agrees to incorporate City Orciinanc�: No. 11923, and all
amendment� ar successor policies kkzezeto, ��.to all contxacfis and will fi�rther require all persans ar
entities with whom it contracts to co�nply with saad Policy.
16. A.ssz�nment
Cozatractor shall not assign all or any �art of its rights, priv�leges, or duties under this
cantract without the prior written approva.I of City. Any aitempted assignment of same without
approval shall be void, �nd shall constitute a breach of this contract. Zt is agxeed that the City has
the right to inspect and approve in writing any praposed subcontracts between Cont�ractvr and
ax�y subcontractox engaged iacz any activity in conjunctian with this HOME funded project prior to
any charges being incurred.
17. Indemnitv and Bonc�in�
Contractoz covenaaits axzd agrees to indemnify, holc� harmlass and defend, at its pwn
exp�ns�, City and its oificers, agents, servants arn.d employees from and against any and aI� claims
ar SLiltS far �roperty loss or damage and/or personal injury, including death, to any and all
persons, of whatsoever lcind or character, whether real or asserted, arising out of pr in connection
with the executian, pezformance, attezxi.pted performance or nonperfor�nance of this contract and
agreemant and/or the operations, activi�ies and services o£ tka.e Program described herein,
whether or no� caused, in whole or iun pa�rt, bv alleged neg�igence of officers, agent�,
servant�, em�Iovees, cantractors or subcontractoxs o#' Citv; and Conttactor hereby assumes
a�l liability and responsibility of City and its officers, agents, servants, and employees for an,y and
a.Il claa�n.s or suits for property loss or damage and/or personal injury, including death, ta azry and
Page 9 5
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all persons, of whatsaever kind or character, whether real or asserted, arising out of or in
connection vvith the execution, performance, atteffipted perfarmance oz- nonpe�rformance af ihis
con#ract and agreement andlor the operations, activiiias and services of the programs descrihed
herein, wheth�r or not caused in whole or in nart, bv alle�ed negli�ence of oifce�rs, a�euts.
servants, empIovees, contractors o�r subcontractors oi Citv. Contraetor likewise covenan�s
and a�ees to and does her�;by indemnify a.nd hold City hartnless from and agazn.st axxy axid all
in�ury, darr�age or desiruc�ion of property af City, arising out of or in cannectio� with alI acts ox
omissions of Cantxactor, its officers, members, agents, ernployees, subcor�tractors, irivitees,
licEnsees, or prograrn participaxits, or caused, in whole or in part, by alleged negligence of
officers, agenis, servanis, employees, contractars or subcpntractars of City.
Contractor will maintain a blanket fidelity coverage in ihe form o�; insuranee or bond in
the amount of Thiriy Thousand Dollaats {$30,000), to insure against loss from the fraud, t17eft, or
dishonesty af any of Contractor`s officers, agents, trustees, dzrectoxs, or employees. The �aroceeds
of such bond shall �Ze used to reimburse City for any and aIl loss of HOME x�aonies occasioned by
such xniscanduct. To effechzate such reimbursement, such bond sha11 include a rider stahng that
reimbtusem�nt for any lass or lasses thereunder shail be rnade directly to City for the uses axzd
benefit of Gontractor.
17. Waiver of Immunitv
If' Contractor, as a charitabla or nonprafit orga.nizatio�, has or claims an immunity or
exexnption (statutory or oth�rwise) from and against liabiliiy for damages or inju�y, including
�eath, to persons ox properly, Contractor hereby expressly waiwes its rights to p�ead defensively
such irnmuriity �r exemptian as against City. This section shall not be co�strued to affect a
gavern�nental entity's immunities under constitutional, statutory or comrnon Iaw.
18. Insurance Requirements
Commercial General Liability (CGL) Ixasurance
$500,000 each occurrence
$1,000,000 aggregate limit
Business Autoxnobile Liability Insurance
$1,OOp,QOQ each accident on a combined singie-limit baszs, or
$250,4Q0 Properiy Damage
$540,000 Badily Injury per person per occurrence
$2,OQ0,�00 Aggxegate
Jnsurance policy shall be endarsed to cover "Any Auto"
Pending availability af the fallowittg coverage, and at the discr�tion oithe Cantractor, t�e
policy shall be ihe primary responding insuxance poliey versus a personal auto insurax�.ce
policy if or when in the cflurse of Coni�actor's business as contracted herein.
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Worke�rs° Compensation Insurance �
Part A: Statutozy Lixnits
Part B: Ernployer's Liability
$Z00,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
No�e: Such insurance shall cover employees performing work on any and aIl
projects including but xaot limited to consfruction, demolition, and rehabilitation.
Coverages shall be maintaaned by Coatractor or ifs subcontraciors. Tn the event
the respeciive subcontractors do not maintain coverage, the Contractor shall
maintain the coverage on such subcontractor for each applicable subcan�zact.
Directors and Officers Insurance
Optional (Highly Recomm�ndad}
Note: This insurance shall co�er the Contractor and any assaciated Baard af
Directoz's mezn.bers.
Adclitional Requirements
Such znsurance amounts shall be revised upward at City's option and that Contractor shall
revise such amounts witllin (30) following notice to Contractar of such r�quiremenfis.
Coz�tractor wzll submit to City docurnent tliat it has obtained insurance coverage and has
executed bonds as required in this contract and �rior ta payment af any xnonies provided
hereunder.
Each ixzsurance policy shall be endoxsed to provide Ci-ly with a minimum sixty (60j days
notice of cancellation, non-renewal, and/or material change in policy terrns or coverage.
Ixisurazxce policzes required herein shall be endorsed to include the City of Fort Warth as
an additional i�s�ared as its interest may appear. Additional insured par�ies shall include
employees, officers, agants, ar�d volun�eers of the City of Fort Worth.
The Workers' Compensation 7nstuanc� policy shall be endorsed to include a waiver of
subragation, a.lsa re�e�rired to as a waiver of rights of recovery, in favo;r o�tlie Ciiy of Fort W orth.
Any failure on part of the Ciiy io request certificate(s) of insurance shall zao� be construed
as a waiver of �uch requirement nar as a waivex of the insuranee requirements themsetves,
Insurers of Contractor's insurance policies shall be licensed ta do business in the state of
Texas by the Departznent of 7nsurance or be oiher�vise eligible and authorized to do iausiness iu�
ihe state oF Texas. Insurers shall be acceptable to the City insofar as their financial strength a,nd
salvency and each such carnpany sl�al� have a current minimum A.M. Best Key Rating Guide
Pag� 'f 7 - 4
rating of A: VII or othar equivalent insura;nce industry standard rating oth�rwise approved by the
City of Fort Wor�h.
Deductible li_mits on insurance palicies shall not exceed $5,000 per occurrence unless
otherwi.se app:roved �y the City o:f Fort Worth.
in the event there are local, federal or other xegulatory znsuramce or bondazig requirements
for t�e housing program addressed in this co��'act, should sucb requirements exceed tk�os�
specified herei.za, fhe £ormer shall pre�ail.
Cantractor shall agree to require its subcontra�tors io maintain applicable i�asurance
coverages, limits, and other requirements as those specified herein; and, Contzactox shall require
its �ubcontractors to provi.de Contractor wit1� certificate(s} of insurance doct�rnenting same; a�d,
Contractox shall require its subcont�actors to have the City of Fort Worth and the Contractor
endorsed as �ac�ditional ins�u�eds (as �eir interest may appear) on their respectiue insurance
policies.
Confi�'actor sha11 requixe its subcontracfors to mainta,in buii�.ers risk insurance at the ]imii
of applicable project(s) cosis vcrhen the value of materials involved e�ceeds $10,000 ar at a
different limit value as specified by the City of Fort Warth.
19. Certification Re�axdin� Lobbvin�
The undersigned representative of Contractor hereby ceriifies, to the best of his oz hez
knowledge and belief, that:
No federal appropriated funds have Ue.�n paid or will be paid, by or on behalf of
Contractor, to any person far influencing or attempting to infl�ence an officer or
employae of any agancy, a member of Congress, an officer or emplayee of Congress an
connection with the awarding of any federal coniracf, the ma.k�ing of azay �ec�eral graxzf, f.he
making of any fedex�al loarz, tl�e en.tering iz�ta o� any cooperative agreement and ih�
e�tension, cantinuation, renewal, amendment, or rnodificatioz� of any federal contract,
grant, loan or cooperative agreement.
If any funds other fhan federally appropriated funds have been paid or �ill be paid to any
person for znfluencing or attempting io influence ati officer or employee of any agency,
rnember of Congress in connection with fi11is federal cantract, grant, loan ar cooperative
agreement, Contractor shall complete arid subrnit Stan�ard Form-LLL, "Disclosure Farm
ta Report Labbying," in accordance with its instructians.
The Cont�actor shall require that the language of this certification be included in all
�ubco�tracts or ageeements involviug the expenditure of federal funds.
Page 1 S
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TN WII'NESS V�HEREO�', th.e paz-ties hereto have execu�ed four co�aies of this contract in
Fort Worth, Tarrant County, Te�as, tlsis � day of _�_. , 2D03. �
ATTEST:
��
, n ,� �
_ ,� �� �
City��ecretary
APPROVED AS TO FORM AND LEGALITY:
��
C �
Asst 'ty ALtor�ey
r, ��� .'�
r � �
Cant�ac� Authoz��i .z�►ti
� � � �'� -� ��a
.. - -, ,��.�,�.�., -.,�.�::_�.--
�a���
C�'I'Y OF FORT WORTH
By, . . � r' �
Reid Rector
Assistant City Maaiager
NEIGHBORHOOD HOUSING SERVICES OF
FORT WORTH
,. _ r�
By, y� ��
Ken Ma� a `
Presideni
Page 'f 9
, -
f lrr� ..,�����Jf�'1�;�
,
�''�Q�f �i� ����`'r� �;'.'� �� ��,'',i�
i��ll ��i�llYCS!���li'��i 4�� ,,..�
0
STATE OF TEXAS
COUNTY OF TARR�NT'
BEFORE ME, #he t�ndersigned authority, a Notary Public in aald far the State of Texas,
on this day persona�ly appeared Reid Rector, known to me to be the person whose name is
subscribad to the foregaing instrument, and acknowledged to m� thai the same was the act of the
�City of Fort Worth and that he executed the same as the act of said City of Farf Worth fox the
purposes an.d consideration therein exp ressed a�.d in the capacity therein stated.
GNEN iJNDER MY HAND AND SEAL QF QFFI�E thi s
%t� i , 20Q3.
.
, ��rYA��* ROSFLLABARNES _
iV�TARY Pl1BL1C
�� �s¢� State o# Texas
'�'o� �:�� Comm. �xp. 03-31-2005 -
�Nu M
STATE O�y `l{��AS . ,� .. � . � �, ,.-. � , , , �
§
COUNTY OF TARR.ANT §
,
�� __' day of
�r-G� .�.s-��
Notary Public in and �or the State of Texas
BEFORE ME, ihe undersigned authority, a Notary Public in and for the Staie of Texas,
on this dap personally appeared Ken Majka, knawx� �o me to be the person whose raarne is
subscribed to the foregoiAg instrument, and ackno�vledged to zne that the same was the act of
Neighborhood Housing Services af Fort Worth and thai he e�ecuted �e same as f,he act of said
Neighborhoo� Housing �ervices af Fort Wort� for the purposes and consideration iherein
e�pxessed and in the capacity therein stated as its duly authorized officer or representative.
GIVEN LTNDER MY f�IAND AND SEAL OF OFFICE this ,�� � day of
�� � �-'G-� , 2003.
�
��
s-
Not P�tblic in and for the State o�Texas
,� _r.,._.�._�.. ., , . ...,
sxnret� LYNN BOELYER =
. Notary Ft�Ea}Ic '
' '� � } �iA�E OF i�XAS `
� d�`��Py Nly CO�tUYl. Exp. �E'i/28/2fEG!►� :
�1k...__�....Q_�.�.,�.... .�.....�� ... . . . . . .... .... . . . .
Page 20 ' + k�
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EXHIBI7S AND AiTACHM�iVTS
EXHIBIT A-Program 5ummary
EXHIBIT B-�'rogram B�dget
�XH181T C-Program Timeline �
EXNIBIT D-independent Audit Requirerrietif
EXH�BiT �-Gontract For Construction
EX�!lBIT F-ReqUest �or Inspection
EXHIBIi G-Prograrr� Services
EX�{IB1T H-Bas€c Access OrdPnanc� No. �1417.1
A7TAGHMENT l---- Request For F'unds
ATiACHMENT If--�-Detai( Statement af Cost
A7TACHM�l�T ItI---Expenditure Worksheef
�XH{61T A
PROGRAfV[ SUMMAFtY
PRQ�RAM TI'�I,E
NEIGHBORHOOD HOUSING SERVICES
PER30hAL SEitVICES (SupporE I'unds)
5UPPLlES
CONT1tACTUAL 5ERVICES {Developmeot Fu�ida)
CAPITAL OiITLAY
TOTAL
DESCRIPTION:
2002 HOME-CHDO
$50,000
�o.ao
$212,400.4�
sa.00
$2b2,460.40
Neighborhvod Housing Services will acquire vacank Ints in its target neighborhoods for new hame construction,
These newly constructeci hvmes will be svld to low and very-low income homebuyers.
Funds g�nerated from sale af haus�s will be used to develop additianal affarda�e homes.
The contract period begins on fhe date of execulian and ends twelve months thereafter.
iPROGRAM OBJECTIVES:
To bui[d and sel[ three (3) houses wilhin the contract periad.
PROGf2AM MEASURES:
Number of homes built
Number of homes sold
prn�ected
Goals
3
3
�00� CHDO COf��RACT
OPERA`�li�� �UDG�T
Neighbori�oad Housing Services EgHIBIT B
� � ___ ,— ..... ... ...��_
' Pr�gram Monthly C�mulatiue �
�pst_����.9ory_�_.�-.._ __ A���U�1T Budc�e� Exp�ndit�res tr� Dat� Balanc�
PERSONAL SERV[CES _
Salaries 5'16010 $21,OOQ00 $21,OOQ.QO
FICA 518U1 Q
Life lnsurance 518Q50 �
Flealth Insurance 51�06D
Unemploy�ment - Federal � 518090
Unemployment 5tate - - - - 518090 . - - -
Wnrker's Cflmp 51�040
Rstirement 59 �Q70
SUI'F'LIES
Dffice Supplies
Posta�e �
Teachinq S�plies
Foad Sup lies
Other �p �x��nses
CONTRACiUAL SERVIC�S
521�1fl
521020
522Q30
522030 . - - - - - - - -
52330a _ _ _ _ _
Telephane _ 535D�0
�lectir � - - - - 535024
Gas 535010
Wat�NVllaste 535Q34
Rent 537010 $16,00a.o6 -- ---
Custodiaf Ser�ices 539220
flffice �quipment � - - - -- - - -- �37030
PrintiC�� 53303E}
Repairs 5360QU - - - - -
Fidel'ity Bond 5382'10
:iability Insurance 53�4U20
Leqal 538060
Au�o Allowance 532130
Advertising 53301p $13,OQQ.00
Carrf. & Seminars 5311fi0 �
Contractua! 5ervices 539120
Indirect Costs 517010
CAPTIAL OtJTLAY �
Furnittare 54130 � - - - -- - .
Office �quipment 54137D
Prop�erty Insurance
TOTAL
�� ,�- �xec.��.
Nam and Title o# Authorized pfficer
��s,00a.00
$13,0OO.OD
-��o,a�o.�o ��o,000.ao
� �-�f%r/o, Zc��
Signature �nd Date
D��+�loprr��r�� �3udg�t
IV�ighborhood Housing Serv�ces �IBIT B-1
TE�T��
ITC�+l6 �D�7 Projecl 7 Pr��ecl 2 Rr�j��i 3
PRED�V�LOF'MEiVT �
- - - - - - - - -- -- - ------ --
Market Study '
5its Control
Architechtural �'easi�ility -- - - - - - -- - - - - -- - -- -
�SurveY 1500 500 �a0 �OD
D�V�LO�'MENi
�Land Acqui�ition 6p00 2000 200b 2000
Site Pre� 6040 2D00 2000 200Q
Materials
Labor - - - - � --- - - - --.
Contigency
YOTAL CdNSI"RUCTION 192000 64,00(l 64000 6440D
Appraisal
---� --- �---- - - -- -- - - �-- - --- �--- - --
Architecht�ral Feasibility
Consiructiort Management Fee 1245 41 � 415 415
_. _ . ___ ...-- �- - - ----- -- - �- -
City permits
Insurance
Construction Loan Int. �
�F�eal �state �'e�s
L�tility Hook-ups 7'S0 250 25d 250
Title & Ftec�rd_ Fees - - - - - - - -
DeveEopers F'ees 45D0 150D � 15Q0 � 1500
�'O7AL L��V�LOPM�NY COS7S �.11995 '7086� 7Q665 70665
PR�JE�i �I�E-L��IE
Orga�rization: Neigi�borhood Housfng Services Program��or�s��uc�'I��lf�Fhree�hnmes;� CHDO PROJECT
' i
Ac#.i�rl#J�s A+9a�tC� � �Ma�th �' M�nt€� � i�+f�r�#h � i��n#h � fU4onti� � hAor�#� f fNontr � Month � �i N4anth 1E};�#�a�kh � � , �1�n#l��� `
DEVE'�OPMEN7 ACTfVITIES
Select Property . � . ,
Requesi Environment Review �
Acq�ire ProperEy ,
Devefop Plans 8� Specs ;
O�tain Appraisal `
Select B�ailder � y '
Executive Contraci WlBuilder ' �
Compiete Constructian ' ,
Final Property Ins�ection ,
Obt�in C�rt of Occupancy ,
� Retease Retai�age ,
SALES ACTIVITIES E ,
Marketing & ln#ake °� � .
Executive Sales Contract _ � �I ._ � ;
Clase an Safe of Property , I!r �
�
r�
�
H
H
C'�
EXHIBIT D
INDEPENDENT AUDIT REQUIl�EMENT
BUSINESS /AGENCY NAME:
� � , R ♦
�._� ���� ��� _1�i��j�����
Na.zne of Iz�dependent Auditor who wi11 perform agency audit:
(Independent Auditorj
Date audit is to be performed:
(Month and Year)
The .following language is a condition of your cantract vvith the Ciiy:
All non-federal enti�ies that expend $340,000 ar mare in federal funds wi�vn one year,
xegardless of the source of the Federal award, must submifi to City an ax�nual audit
prepared in accorc�ance with specif�c reference to OMB Circular A-133. The auc�it may
cover either Contractar's fiscal year during r�vhich this contract is in force or cover the
period of this contract. The audit must be pxet�ared bv an inde�endent certified public
account�ant, be completed within (12) months followin� the end of the period bein�
audited and be submitted to Citv within thirtv (301 days of its comt�letion. Costs of
preparation of this audit may be an allowable expenditure af federal funds in an amoutit
prop�rtianal to that of the federal funds used in contractor' � tfltal agency aperatin.g
budget.
Signature
Da�e
EXHIBiT E
CONTR.ACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made between,
{"Owner") and {"Contractor"}, on this
Day of , 2000 for the purpos� of constructing ONE
single family dwellir��; (s) an a Iot(s) provided by the "Owner" within the Corporate
lisnits ofFort Worth, TX ("Work").
'�The lot site address is:. ,
*Its iegal descriptian is: ,
*Attaclti an Addendum for multip[e units constructed.
The "Owner' Represenkakive" (as defined below) shall compensate the Contractar a total
stm� of $ , and no/140.
Payment shall be made zn accordance with Article 3 of tl�is Contract.
The date of Conimencez�ent sha�l be ; vvitl�. � Completion date not to
eaceed 12Q Days ("Contract Time").
Owner �nd Contr�ctor hereby a�ree to the followulg:
TER�I�IS AND CONDITxONS
Article 1
GENERAL PROVISiONS
l.l. T�RMS US�D [R THE COIVTRACT
1.1(n). This Contract, the Infi11 Prograzn. and Specifications for ConstrL�ction of Single
�'amiiy Honaes as a requirement of participating in the City of Fort Worth Infiil Housin�
Progxan� represent tl�e entire and integrat�d agreemei�t bet�.veen the parties and are
toget�ier refe�•red to as "Contract Documents".
1.1(b). Tlie term "Wark" sha11 mean the construction and services rec�uired includin� all
Iabor, naaterials, equipment and services provided by the Contractor to fulfill the
Cantxactnr's" obligations and responsibilities under tl�e Contract Docum.ents.
1.1(c ). Tlie terna Owner's Representativc shall mean: the City o� Fort Worth Housing
Department wl�a provides administration af the Contract as describ�d ..ii1 the Contract
�
o7lzs/o0
Documents. The 4�v'ner's Representative will have the authority to act on behalf of the
4wner only to the extent provided in the Contract Dacuments.
l..l (d). This Contract �nay be amended ar moc�ified ONLY by a mutualIy agreed written
inodificatian or in the form of a Change Order. A Change Order shall be a written order
to the Contractor signed by tl�.e "Ownear" o;r Owz�er's Represei�tatzve �o cha.nge the Wor�C,
Contract Si,un or Gontxact Time. A change arder is a part of this Contract and ii�e
Coi�tract Documents.
1.1(e). The exllibits and addenc�uin's attached togetlier with the change orders are a part
of this cantract and binding on all parties. Those iteins include but are not limited to,
Cha��ge O�•ders, Coiltractor's Application and Certificate far Payment, Contractor's
Affidavit of Payment of Debts and Claims, and tlie Certific�te af Substantia� Cotnpletioil,
Drawings, and oth�r Specifcations.
Articie �
RESPONSIBILITIES OF TH� OWNER
2.1 II�IFQRMATCOI� AND SERViCES
Z.�(a). If requested by the Contractor, the Owner shall iitrnish a��d pay far a su�vey ai�d a
legal descriptian of the site.
2.1(b). Except far permits and fees which are the responsibiiity af the Cozltrac�or under
the Contract Dociiments, the Owiler sliall obtain and pay far necessary approvals,
�asemenis, assessments and charges.
�.� OWNER'S RIGHT TO STOP WORK
If the Contractor fails to compl� �with the Cantract te�ms, tlle Owner or the Owiler's
Represe��tative n7ay direct the Cantractor iii writing to stop tIle Work until tIie correction
is inade.
2.3 OWNER'S RIGHT �O CARRY OUT THE WORK
If the Contx-actor defaults or neglects to cariy out the Work in accordance witll the
Cr�ntzact DocLitnents and fails within fourteen days (1�4) from the date of written notice
fi•oiii the Owner or Owner's Representative ta cure sl�ch default, �he Owner or Owner's
Representative rnay, witl�out prejudice to �ther remedies, Cl1P� 5i1CI1 C�e�aLlltS. Ill St1C11
case, a Ciiange Order s�lall be issued deducting the cost of correction froin payments d�le
Contractor. If the default is nat reasanably susceptible to cure by Contractor within the
fourteen (14) day periad, Owner will not exercise the option to tezminate this agreement
so long as the Contractor has cammenced to cure the defa�.�li within the fourteezl (1�} day
period and diligei�tiy c�mplete tlxe worlc within a reasonable time.
2 07/28/00
�.�4 OWN�R'S R�GHT TO P�RFORM CONSTRUCTION / AWARD SEPARATE CONTRACTS
2.4{a}. The Owner reserves the right to perforn� constructian or op�rations re�ated to the
project witl� the Owner's own forc�s, and to award separate contracts in connection with
�ther portzons of tl�e }�roj�ct.
2.4(b). The Owner shall require the Contractor io coordinat� and cooperate with sepa�ate
contractors employed by the Own.er.
2.4(c ). Tlie Owner shall require that casts by delays ar by improperly timed activities or
defecti�e construction be borne by th� party respni�sible therefor,
2.5 If a defect occurs and if the Cantrac�or does not clire tl�e defect timely according to
the contract provisions the Owner may enter into a separate contract with a third party to
cure tl�eir defect. The contractor the�� shali timely reiznburse the Owner for the cost of
contracting witln tl�.e tl�ird party and the cast ta cure d�e defect.
Article 3
RESONSIBILITIES OF THE CONTRACTOIt
3.I �X�CCITION OF THE COI�ITRACT
�xecutioi� of tl�e Contract by the Contractor is a represenfiatia�� that the Contractor has
visited ti�e site, become f�rniliar with local canditians Lindei� which the Wartc is to be
perfozmed and correlated personal observ�tions with reqLiireinents of tl�e Contract
Docuin�nts.
3.� REVIEW Or COi�`'TRACT DOCLfMENT'S AN� FIELD CQNDITIONS 13Y THE COPITRACTDR
The Contractor shall carefully study and campare tl�.e Contract Docume�.ts with each
other anc� with infarmation fiirilished by tlie Owi�er. Befoze commencing activities, the
Coi�tractor shal! (1) taice field measurements anc� veri�y field conditions; {2} carefully
compare this and ofiher inforrmation knawz� ta tlle Contractor with tl�e Contt•act
Doctii�neilts; and (3) ptamptly report errars, inconsistienci�s or omissions discovered �o
�lle Owner's Representative.
3.3 S[iPCRVIS[�N AND CONSTRUCTtON P1iOC�DURCS
3.3(a). The "Contracto�� sl�all supervise and direct tl�e Worlc, using "Contractor's" best
slcall and atteiliion. The Contractnr shall be sol�ly res�onsible for and 11a�e cantrol o�er
construction means,�methods, techniques, seqr.te�ices ancl procedL�res, and for coflrdinating
aIl partions of the Work.
3.3{�). The Contractor, as soon as practicable after award of the Contract, shall fiirnish in
writing to t11e Owner throu�h the Owner's Represeiitative the i�aznes of subcontractars or
suppliers for each portion of th� Worlc. Tl1e Owner's Represeiatative will proinptly reply
3 07/28/D D
to the Contractor in �vriting if the "Owner" or tlle Owner's Architect, after due
investigation, has reasonable abjection to the subcontractors ar suppliers listed.
3.3{c }. The Contractor will comp�y with Minority/Woman Business Enterprise
{MIWB�) rec�uirements as outlinec� in the "Specifications for Construction of Single
Family Hoznes". The �wner has a minimum. goal of 40°/a of the dollar vollune af the
cantract for MWBE participaiion.
3.3(c�). The Contractor will cornply witl� all lacal building codes , ordinances and the
ModeI Energy Code.
3.4 LABOR AND MATERIALS
Unless otl�erwise provided in tlze Contract Documei�ts, the Cantractor shall provide and
pay for labor, materials, equipment, �ools, utilities, transportation, ar�d oti�er iacilities and
services necessary for proper executiaii and completion of ti�e Work. Tlie Contractor
sl�all delzver, ha�idle, sto�•e, and install materials in accardaizce with maxiufactlirer's
111StI'�.1Ct1D27S.
3.� WARRANTY
Tl�e Cailtractor warrants fo the Owi�er and Owiler's Represe�itative that: (1) z�laterials and
eq�tipinent fi�rnislled under tl�e Coi�tract will be new a��d af good quality Lmless
otheitivise required or permitted by fl�.e Contract Docuineilts; (2) the Work vvill be free
fi�ox��. defects not inherent in the quality requi�red or permitted; (3) tlle Worlc will conform
to the xenuiremei�ts of the Contract Documents a��d the Contractor shall pravide a ten year
wa�� azity.
3.6 TAXES
The Coniractor shall pay sales, consun�er, use and similar taxes that are legally required
wheu tlie Contract is executed.
3.'� [NSURANCE
D�.iring the term of this contract and any extension there of, contractor shall n�aintain an
insurance po�icy with the following co�exage:
3.7 (a) Coi�znlercial General Liabi�ity �ns�lrance of a minimuin of $1,Od0,�QQ.00 per
occztrre�ice.
3.7 (ki) Busir�ess Auto Liability Insurance af a mz��ii�za�uix� of �1,000,0�0.00 each accident.
3.7 (c) Statutory Wor�ers' Compensation Insurance including emplaye�•'s liability.
3.7 (c�) Builcier's Risk Insurance to cover the prop�rty in the course af tl�e project (against
fire, I�ail, tl�eft, etc. of materials and incomplete cnnstilrction).
3.i (e) In addition, tl�e City o� Fart Wor�h and Fort Worth Ho�isiilg Finance Corparatioz�
sl�all be endorsed as an additional insured on all insurance policies.
4 07/28/00
3.8 PERMITS, FEES AND NOTICES
3.8(�). The Contractar sliall obtaiz� and pay %r the buildin� permit az�d othe� permits and
govermne�zt fees, licenses and inspections necessary for praper exeeution and canapletion
of tlle Work.
3.8(b). The Contractar shall camply with tl�e notices required by agencies having
j�.�risdiction over tl�e Work. If the Coiitractor performs ��+orlt knowing zt to be contrary to
laws, statutes, ordinances, building codes, a«d r��les a�ld regulations witi�out �.otice to the
Arel�itect, Owzier's Representative and Owner, the Cantractax shall ass�i�ne full
r�spofzsibility for such Work and shall bear the attributable costs. The Contractor shall
promptly ��.otify the Architect/Owner's Representative in writin� o� a��y lcnown
ineoiasistezlcies u� the Coi�tract Documents witl� such governmental laws, rules a��.d
regulations.
3.9 USE OF SIT�
Tlie Contractor shall confine operatioiis at t11e site to areas �erinitted by l�w, ordinances,
p�rinits, the Contract Documents and the Owner.
3.10 5�713MCTTALS
Ti�e Contractor sfiall promptly review, approve in writing and submit to the Owner's
Representative Shop Drawings, Prodlxet Data, Sarnples, and similu subnnittals reqLiired
by the Contract Docuine��ts. Shop Drawings, P�adYict Data, 5an-►ples ar�d s�milar
submittals are not a part of the Cantract Docume��ts,
3.11. CUTTING AND PATCHING
The Co��tractar shall be responsible far cutting, fitting or patching rec�uire,d to complete
tl�e Waz'lc o�- to rnalce its parts fit together properly. �
3,12 CLEANING UP �
The. Contractor shall ke�p fh� premises and surrouilding area free fro�iz aecu��nulation of
c�eb�-is ai�.d trrash related to the Worlc.
3.13 SECTIDN 3 CLr1USE
Executive Order 11246 prohibrts job discrinziilation oii the basis of race, color, religian,
gencler, or national origin and requir�s afiirmative actiail to asstitre equality of opporhinity
in all aspects af ernp�oyment. The Contractor also agrees to the follo�ving:
A. The wark ta be perforined under this contract is on a project assisted uncler a program�
providing direct Federal financial assistance from t�ie Departinent of Housing and
Urban Development and is subject to the requireinents ai Section 3 of the H�using
and Developm�ut Act of 19G8, as anlended, 12 U.S.C. 170 lli. Section 3 xenuires that
to t11e greatest extent feasible oppart�tnities for training a�id empinyment be given
lower incoi�ie residents of tl�e projec� area and cnntracts far work in conn�ction with
the project be awarded to busin�ss concerns which are located in or owned in
substantial part by persons residing in the area af the project.
5 4712$!00
B. The parties to this cantract will comply witli provisions of said Section 3 and the
regulations issued pursuan� thereto by the Secretary af Hot�sing and Urban
Development set forth in 2A� CFR 135, and all applicable rules and ordexs of tlae
De�at�tment issued thereunder prinr to the execution of this contract. The parties to
tl�is contract certify and agree that th�y are Luid�r no contractual or other disability
that woulc� prevent thern fi�oin conzplying with these requireinei�ts.
C. Contra�tor sh�.11 s�nd to each labor organizatian or represeniative of workers with
which Iie l�as collective bargaining a�reement or other cantract or Linderstanding, if
any, a i�otice advising the said labor or�anizatio�i or worl�ers' representative of Ius
con����itments under 5ection 3�laL�se and shail post copzes of the notice in
conspicuo�.is places available to employees and applicants for employment or training.
D. Contractor sl�all include this Section 3 clause in e��ery subcontract far worlc in
coiynection with the proJect anci will, at the direction of tl�e �p�licant ox fik�e �•ecipiei�.t
a� Fed�r�j financial assistanee, take appropriate aetiofl pucstiant to tlie subcontraet
upan a finding tl�at the SllbCdlltl•actor is in violatio�i of re�ulations issued by the
Seczetary of Ho�ising and Urban Development 24 CFR 135. The Contractor will not
subcontract with any subcontractnr where it has notice or lci�owledge that the iatter
h�s been faund in �iolation of regulations uiider 24 CFR 135 aiid will no� iet any
s�ibcantract ui�less the subcontractor Izas frst provided it with a preliminary statement
af �bility to comply with the requireinents of these reg��iatioi�s.
�E. Coir►pliance witl� the provisions of Section 3, tlie reg�ilations set forth iu �4 CFR 135,
and all applicable rules and orders of the Depaz•t�l�e��t issued tl�ereun€�e� prioc to the
execution of tlae contract, sklall be cond'ztiox� a� tl�e Federal assistance pra�vided to ihe
pcoject, binding upon the applica�it or recipient for sueh assist�nce, its suceessars, and
a551g315. Fa1�Llx� iQ �l.l��ll� tlle5� rEC�Li1T'011]�ilt5 SllaLl SLlUj�C� tlle a�]17I1Carit OT CeCI�1eri�,
1�S CO11tI'c1�tDTS a11C1 Stl�1C011ti'aC�01'S, lt5 5L1CC�SSOPS, S11C� �551�ri5 t0 those sat�ctions
specified by the grant or loan agreement or coiitract t�zrougl� which Federal assistance
�s pravided, �d to sLich sai�ctions as are speeified by 24 GFR 135.
3.14 INDEMNiFiCATION
Contractor covenants and agrees to and does hereUy indemiaify, holci 17�rinless and
defend, at its own expense, Owner's Representative, its af�icers, agents, servants a�id
er�zployees, frorn and against aiiy and all clai�ns or suits for property loss or dan�age
and/or personal inj�.iry, including de�th, to aiiy and all persons, oi wllatsoever lcind or
character, wliether real or asser�ed, arising aut oi or in connectian r�ith, clirectly or
izxdirectly, the work and services to be performed l�ereuz}der by Coiytractor, its officers,
age��ts, e���ploy�es, subcontraetars, licensees or invitees, �vhether ar not c�used, in
`vhole ox- i�n p�trt, by the nlle�ecl ne�ligenc� af the officers, �gents, servnnts,
employees, contr�ctnrs, subcontr�ctors, licensees �nci invitees of the �wner's
Represen#�etive; and said Contractor does hereby covenant anc� a��ee to assume all
liability a�ad responsibiiity of Owner's Representatiwe; �its officers, agents, 52i'V�IliS �11L�
employees for any aFad all cIaims ar suits for properCy loss oc daniag� ai�d/a�• personai
inj�iry, inchtdin� deatll, ta auy and all persons, of whatsoever kind ar character, whether
real or asserted, arising o�it of or in connection wit11, directly or isldiz•ectly, the wa�•k a��d
ser�ic�s tn be perfarmed L1ereLulder by Contractor, its officers, ageiits, employ��s,
U 0�128/00
subcantractors, licensees or invitees, whefhew or not causeri, in whole or in p�rt, by the
alle�ed ne�li�ence of the offrcers, a�ents, servants, em�lo,yees, cantr�cfors,
s�xbcontractars, licensees ��d invitees of the Owner's Representntivc. Cot�tractor
Iilc�wise covenants and agrees to, and does here�y, indemnify and holc� harmless �wner's
Repre�eiitative fram 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 t�iis Cantract, whefher arisin� oui of ar in connectia�n with or resulting
from, in �vhole or �n pnrt,_ �tn� nntl �11 allegecl :�cis or omissions ofiicers, ��ents,
servants, em�layees, contr�ctors, subcontrt�ctors, licensees, invitecs of O�vner's
Representatrve.
Article �L
OWNER'S REPRES�NTATIVE R�SPONSIBILITIES
4.1 The Owiler's Representative wijl visit the site at intervals app�•opriate to the stage of
construction to become generally �amiliar with th� progress and cjuality of the Worlc.
4.� Tlle Owner's Repx•ese�ltativ� will no� llave control over or be in charge of or be
1'�5�701151t]l� fQT CO115�TUC�1011 1�E311S� ll�8il10C15, techniqu�s, SEC�IIel1Ce5 Ol' �3l'OCeC�U1�S, Ol ��l'
safaty precautions and programs in connection with the �orlc, since these are solely the
Cailtractor's responsibility, Th� Owner's Represei�tative wiil not be respai�sible �or the
Caiitractor's failure to carry out the Worlc in accorda�ice rvith the Coi�tract Doc�une��ts.
�4.3 The Owner°s Representative will have the authority to reject Wor1c that does x�ot
coi�form to tl�e Contract Documents.
4.� The Owiier's Represei�tative's du�ies, r�sponsibilities and li�i�its of aLrtl�arity as
describes in the Ca;�tract Docunzents ��ill not be chailged without written coi�sent of the
Owiler.
4.S Base�l on the Owner's Represen�ative's abservations and eval�iations of the
Co��tractar's Ap�lication for Payment, tl�e Owner's Represeiztative will ieview and
certify the amounts clue the Contractor.
4.G Th� Owner's Represer�tative will proniptly review aild approve or take appropriate
actiotis upon Contractor's subia�ittals such as Shop Drawii��s, Prodtict Data ancl Samples,
but oi11y for t11e li�nited purpose o�f ch�cking for conformai�ce wit1� inforilzation given and
tI1e design concept expressed in �lle Contraet Documents.
4.i Tlie Owner's Representati�e will promptly inierpret aild �.ecide matters concernin�
perforin�nce Lu�der any requirements of the Contract Documents o�1 written re��iest of
either the Owner or Contractor.
� o�i2siaa
4.� The Owner's Representati�e require additianal testing if necessary or minqr change
arder as provided in Section 6.3.
4.9 The �wner's Representative shall terminate the contraci upon written approval by
Owner.
4.10 Interpretatia��s azid decisions of the Owner's Representative will be consistent v�rith
the inten.t af and reasonably inferable frorn the Contract Doc�.iments and will be in writizig
or in the £oi� of drawings. When malcing such iilterpretations and decisions, the
Dwner's Repres�ntative will endeavor to secLire faithfiil performance by both Owner and
Contractor, will ilot slzow par�iality ta either and will not be iiable �or xesults of
interpretations or decisions so rendered in good faith.
Article 5
TESTING AND YNSP�CTIONS
5.1 Tests, inspections and approvals af portions of the Wark required by the Contract
Documents or by laws, o�•dinances, rules, TE�ilic1t10115 or ai•ders O� �7Llt?�1C authorities
haviiig jurisdiction slzall be made at �n �ppzopriate time. If tlle Owner's Representative
requir�s additional testing, the Cantractor shall perform these tests.
5.2 Th� 4wner shall pay for additional tests except for testing Work fou�d to be
de�ective for wl�ich the Contracfor shall pay.
Article 6
CHANGES IN THE WORK
G.1 After executiorl of tli� Contract, chan�es in tile Wark may be accomplished by
Cllang� Order or by arder for a miilor cilan�e iz� tl�e Wo��lc. The Owizer, W1tYlOLit
i�lvalidating the Contract, may order changes in tlle Wariz witl�in ge��eral scope of the
Contract consisting of additions, deietions or other revisions, the Contract Sum and
Contract Time being adjusted accordingly.
G.2 The Owner's Representative will have the autl�ority to order minor c����lges in tile
WorI< not involviilg chai�ges in the Contract S�iin or tlle Contract Tin�.e and inconsist�nt
��ith the intei�t of the Contract Documents. Such changes shall be writteil orders and
sI1a11 be biiiding on: tl�.e Ownex a�d Contractor. The Contractar shall carry oitt such
writte�� orde�-s pramptly.
G.3 If coi�cealed or unlcnown physical conditions are �ncountered at th� si�e tk�at c�iffer
materially from those indicated ir� the Contract Dacuments or fi'am ihose canclitions
ordinarily foiu�d to exist, th� Coi�tract Sum and Cantract Tiine shall be sub�ect to
ec�ui�table adjustrr�ent.
s o�i�siao
Article �
CORRECTION OF WORK
'�.1 The Cantractor sl�aIl prarz��tly correct Work rejected hy the Owner's Re�resentative
because of failure to confox� tn the xequirements of the Contract Doeuments. Such
failure constitutes a default and is subject to the provisions in Sectiozz 2.3. The
Contraetor sliall bear tbe cnsfi of cocrecfiing such re�ected Work.
7.2 Ira additiou ta the Contractor's other aUligations ii�clE�di�ig wa�.•ranties under the
Contract, the Contractor sliall, for a per'rod of one year after Substantial Completion,
correct warlc nat confor�niilg to the re�uiren�ez�.ts af tlae Cai�.tract DocE�ix�ents.
i.3 If �he Co�ltractor fails to cure the default in accor�anc� with Sectinn 2.3, Owner may
eure it and the Contractor shall reimburse the Owner For the cost of correctiQn.
Artecle 8
TIME
8.1 Time limits stated in tl�e Contract Docuinents are of the essenc� of the Contract.
8.2 Tf the vvorlc is delayed at any tim� by change orders, lal�or disputes, �i�e, unusual
delay in deliveries, ui�avoidable casualties ar atller caL�ses beyand tl�e Contractoi•'s
control, the Coi�t;�act Tirn� shali be extended by Change Order �or such reasonable tiine
as tlle O�c�vner's Representative may determine.
Article 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
Tl�e Cont�•act Surn stated in tl�e Contract, incl�.idii�g authorized adjtzstinents, is tlxe tatal
ainount payable by t11e Owner to the Contractor for perforrnai�ce of tlle Work under tl�e
Contract Documents. A 10% retainage will be reqliired for all projects exceeding
�4000.00.
9.2 APYLfCATiONS FOR PAYMENT
9.�(a). At least ten (10) days before the date established for each progress payment, the
Gontractar sha11 submit to the Owner's Representati�e az�. iteniized "Application for
Payment" for operations compleied in accord�nce with the values statecl in the Contract.
Such application s11a11 be supported by d�ta substantiating the Contractar's" right to
� a�izsrao
payment as the Owner or Owner's Representative may reasonably require and reflecting
retainage if provided for elsewhere in the Coniraci Documents.
9.�{b}. The Contraetor warrants that tiile to all W�rk covered by an Application for
Paymeilt will pass to #he Owner no later than the time of payment. The Contractor
further warrants tl�at upQn submittal of an Application far 1'ayment, all Wark for which
Certif cates #'or Paymei�t have been previously issued and payments received frarn the
Owner shal�, to the best of the Contractac's knowledge, iiifor���atian and belief, be free
anc� clear of liens, clairns, security interests or other enclunbrances adverse to tlie Owner's
iilterests.
�.�(c). The Uwner's Representative �vill, withir� seven ciays aftei• receipt of the
Contractor's Application �or Paymei�t, either issue to the Owner a Rec�tiiest for Payn�ent,
with a copy to the Contractor, for such amo�.lnt as the Owner's Representative determines
is properly due, o�• notify the Contr�c�ar and Qwi�e� i�1 writing af the Owner's
Representative's reasons for withholding payn�ent in part ar in whole.
9.3 PROGRESS PAYM�NTS
9.3,(a). After flie Owner's Representative 3zas isslied a R�c�uest far Payinei�t, the Qwnex
shall inake paynaent based on a Percentage of Completioil sehedule �rovided ta tl�e
Owner by the Coiltractor. Tlus scl�edule requires tl�utual agreement evideilced by
si�iiatures re�reseiating "bot11" parties which shall becon�e a part of tliis Contract.
9.3(l�). Upoii receipt of payinent from the Owizer tlze Conti•actar sl�all proniptly pay each
subco��txactors and znaterial suppliers, out a�the an�ount pai�d to tl�.e Contractor based on
tl�e worlc co���pleted. .
1,3(c). Neither the Owner or the Owner's Representative shall have the respo��sibility for
tl�e payment af tnoney to sub�antractors ar rnaterial supplier�,
9.3(d). A Renuest for Payi�en.t, pragress payn�e��t, or �artial nr e��tire use or occupancy
of tl�e project by t��e Owner shall nnt constitute accepta�ice af Waric perfornr�ed if it is not
ii� accordance with the requiremenis of tiie Cantract Docuz�ieirts.
9.4 �INAL COMPI.�TION AND FINAL PAXM�NT
9.4(h). Upon receipt of a final Applicatinn fbr Paymei�t witll all required documents, th�
Own�r's Re}�reseiatative will inspect the Worlc. When tke Owner's Representative finds
the Wark acceptable ancl tl�e Contract fi,�11y performed, tlie O�vner's Representative will
pronlptly issue a%i1a1 Rec�uest for Paynle�lt.
9.4(b). Final payment shall not become due until the Contractor subn�its to the Owner's
Rep�•esentative releases and waivers of liens, anci clata establishing paymesit or
satisfaction af obIigations, sucli as receipts, claims, secu�ity iixtexests or ei�ctiunbr�nces
io a�izs�oo
arising out of th� Contract and any other docLiments, certificates, surveys or �arranties
requized by Contract Documents.
9.�(c). �cceptance ai final paym�nt by the Contractor, a sttbcantractor or a material
supplier shall consti�ute a waiver of claims by that payee except those previousiy made in
writing and identified by that payee as unsettled at tile time af final Application for
Payment.
Article 10
SAFETY PRECAUTIONS AND PROGRAMS
10.1 Tl1e Contractor shall be responsible �or initialing, maintai�ling� c�17C� SLl��PV151ri� �il
s�fety precaiitions ai�d progranzs, including all those required by Iaw in connection witl�
perfoci3zance of the Contract. The Contractar shall prnmptly r•erll�ciy loss and damage to
praperty catiised in whoie ar in part by the Contractnr, a subcontrac�or, anyone c�ir�ctly or
indirectiy eizlployed by them or an.yone for whase acts tlley may be liable.
Article 11
TERMINATION OT THE CONTRACT
11.1 T�RMINATION f3Y TH� COHTRACTOR
Tf the Owner fails to nlake payments �wvl�en dl�� or bT�&CIlES any ather teTI315 of this
Conir�ct, the Contractor niay termina�e tlie Contract, upon writtet� natice to tlie Own�r,
aixd recover from the O�i-�er payment for Worl� exee�ited ancl far proven loss with respect
to niaterials, ec�uiprnent, tools, cof�struction equipment and �nachi�lery, including
reasoi3able overliead, proft and dainages.
11.� TERMINA"C'ION BY THE OWNER
11.�(a}. The Owner or the Owner's Represe�xtative upoi� written consent fro�n Owner,
may terminate the Contract if the Cantractor:
I. consisteiztly, persistently or repeatedly refi�ses or fails to supply enough
properly slcilled worlcers or proper materials;
2. fails �o �nalce payments to subcontractors fQr materials ar labor ii�
accorclance with tI�e respective agreements between the Contractor and the
subcontractors;
3. vialates federal, state or local l�ws, ordi�lai�ces, rules, regt�latioiis ar orders
O� a�ll,lbiJ.0 c`l. L1t1�OX'lty I13VI11� �U115C�LCt1011; or
4. is otl�erwise izi breach of a provisioiz of ihe ContrRct Dociiinents.
11.2{b). When any of the above reasons exist, the Ovwrner , after coz�sultatian wit�t the
Owne�•'s Re�resentative, may without prejudice to any otlaer ri�hts ar r�n�edies of tl�e
Ow�1er and af'ter giving the Contractor azlcl Co��trac�or's sureiy ,it any, written notice,
terminate tlle employmei�t of the Contra�tar and may:
i i a��asioo
I. tak� possession of the site and of all rnaterials thereon owned by the
Contractor;
2. finish the Work by whateyer reasonable means or rnethod the Owner may
deem expedient.
11.Z{c }. When the Owner or �wner's Representative terminates the Contract for ona of
the reasa�zs listed ii� 11.2(a), the Cantractor sha11 not be entitled to receive fiirther
payment until all the Work is completed and accepted.
11.2,(d}. ifthe unpaid balance of the Contract Sum exceecis costs to finisll tiie Waxlc, such
excess shall be paid to the Contractor. If sucll costs exceed tl�e unpaid balance, tF�e
Cantractor shall pay the diff�rence to the Owiler. This oblig�tion for payment shall
survive termination of the Contract.
Article 12
ASSIGNS
1�1 This Contract may not be assigned by eithei• party.
Article 13
GOVERNING LAW
13.1 This Coi�tract shall be governed by ai�d construed i�l accordance witl�. the Iaws of the
State of Texas.
Article 14
PERFORMANCE OF CONTRACT
14.1 The obligatio��s und�r tlle terms of the cont�act are performahle iil Tarrant County,
Texas.
Article 15
VENU�
1S.I The parties h�reta �iereby consent that �enue of auy action bro�.ig�it under this
Contract shall b� in Tarrant Cout�ty, Texas.
12 07/28/00
Articie 1b
SEVERABILZTY
16.1 Tf one or more of the provisians of this Contract is Yzeld in�alid, ��nenforceable ar
illegal in any respect, the remainder af the Contract sha11 rerna�n valid and in fi�li force
and effect.
TI� VVITNESS WHEREOF, the parties Iiereto 11ave executed this Cai�tract in F'ort Worth,
Tarrant Caunty, Texas, this day of ,A.D. 2Q00.
Owner
Cantractor Title
:
Acic��awledged by:
For City oi Fort Worth HoLYsing
Department as Owiier's R�prese�atative
�; a7�2siao
ADDE1�dDUM #1
A minirri�m a� �ve(5) inspections are required:
( I ) FIRST REQUIRED INSPECTION
Foundation- No concrete sl�ail be placed rvitholrt the steel, poly, plumbing a�id beams
inspection. After inspection is cornpieted and tl�e slab is poured the con�-actor will
receive tl�e first draw in the amount of 1$% of the cantract pric�.
(2) S�COND IiEQUIRED INSPECTION
Framiiig- After the house has been frained, e�eckeci, corniee ii�stalled, roof�ng aud siding
is compieted. The contractor wi11 receive tlle second draw i�a the amaunt o� 1 S% af the
contract pric�.
(3) THIRD REQUIRED INSPECTION
An inspection is rec�uired after the bricic, winc�ows, electric�l rotigh-in, plumbing top-out,
hvac rougil-in and the wa1Z insulation is con��leted( prior to ii�stallation of drywa�l).
Catltracta� will recei�e the third draw in the ax��ol�nt of 18% of the cantract price.
(4) FOURTH REQUIRED INSPECTTON
Aii inspectioi� is required after tlie instaliatian of tli� clrywall, tape/ Uecl/ texture, trirn-o�.it,
interia�• ancl exterior paint, flaor coverings, cabinets aixd caunter tops and ille pl�.imbing
trim-aut is completed. The contractor will receive fi�ie fourtll draw i�l ti�e amount of 18%
of the contract price.
(5} FYFTH REQUIRED INSPECTIQN
Final i��spection- AZ1 finish �vork completed. Drive and approacl�, grading, electrical,
lzvac, attic insulatioz� a�ad the B�ilc�ing card has bee�l caza�pletely signed off as being
complete. T'�ae contractor will receive tlie iifth draw in tl�e an�auiit of 18% of the contract
l�ricE.
RETAINAG�
T��e I 0% retainage will be released after completion of the p�.tnch list axzd iiistallation of
the app�iances.
Cantractor sllall giwe Owner's repz-esentative a three (3) day notice to scl�edule the
required inspectia�is.
�a o7�zsiaa
ADDEI�TD� #2
Add to Article 9 Paragraph 9.3 Progress payment.
9.3 (e) CONSTRUCTION DRAWS
Progress payment shaIl coincide witIi the fve (5) rec�uired inspections.
ADDEIlTD�C1M #3
PROPERTY:
Tl�e following iteins are to be included in the con�ract for co��strL�ction:
Site prep and dirt worlc
Driveway
Curb cut
Appraacl�
Water and sewer lines from tap to �zouse
2-10 Home Buyers Warranty
1$ 07/28/00
EXHIHIT F
REQUEST FOR Y1�SPECTI4N
Agency:
Construction Contractor:
0
Property Address:
Draw #
Date:
Cantractor's Address:
Amt. Reqtres�ed:
HOME
CDBG
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Hoi�sing: I hereby agree that the t�ork stated by the contractor has been .
accomplished and approvc payment to �he cantractor in accord�.nce
with the agreement, contingent t�pon inspection. If is understoac�
that the �chial amount disbursed tivill be based an the findings ofthat
inspection. T approve p�yment in the �.mount oi ,
Hoiising Prc�gram Manager Signature:
Date:
**�=�=K�=����������*�**�*��*������������x�:�����*��:��:k*���:�:�x��:�����*���x����:��
�nspection conducted by: I hereby certi�y that all
�vark is complet�d as indicated on the Contracta�'s paym�nt request.
Signatuze:
Date:
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Amt.:
R�TAINAGE:
ExH�BrT c ���
FRDM:
� . ACCOI'�IPLISHMENTS
PROGRAM SERVICES
MONTH FtEPORTING
, Tp:
G�ALS
PROGRESS
THIS MONTH
PROGRESS �
T� DATE k�+��SHED
�T . ADI?xTX4NAL COMMENTS REGARDT1�tG fiCCQMPLZSHMENTS `.PHIS MONTHS :
IXx. PROBLEi�IS E1�COUNTERED AND SOLUTZCjNS PROPOSED:
ZV . ANTTCTPATED ACTZV�CTIES Dt7RxNG NEXT MD�1'TH :
' •� EXNIBIT H
+x � 1 _. � { ; �y� � , - . ... , . • : . . ' . . . ' .
� �- � - � � � � � C'it,y of'.F'o�t `�l�'o�h, ��.Texas � � � '�i:
.y,.
������r ���r�� ��i��� .��e��ny�c����i� �
. � � . .
j
�` DATE REFERENCE NUMB�R LOG NAME � k'ACUE �' ��
� 4125IOp ' �d� �$gg � 05CON5TRUCT � � . • . � a� 2
sue�Ec`r BASIC ACGESS ORDINANCE � � . .
RECOMMENDATION:
]t is r�comme��ed t�afi the City Council approve adoption of the attached ordinance providing
accessibility star�dards in certain City�assisted housing construction programs.
DISCUSSION:
Subchapter X, Chapte� 2306 af the Texas Government Code provides construction r�qUirem�nts for
sing�e-fami{y a�fordable F�o�sir�g when th� consir�ction is fund�d by �€ederal or state funds. This statute
became efFective on Sepkember 1, �999. Tf�� statute specifically delin�ates the requirements for boti�
exterior and interior accessibility on n�wly constructed single-�amify dweilir�gs to provide access ta
persons with c�isa�ilities. A local work group was form�d to further the inte�it and purpases of this statute
and ta provide g�idelines in the City-assisted affordable housing construction programs. This work group
is composed of City staff from various departments, repr�sentatives from the Fori Wor�h Mayor`s
Committee on Persons w�tf� Disabilities, and a representatEve from the Homebuilders Assaciation. The
work grou� met, discussed and drafted the attach�d proposed ordinance whicf� pravides the fol�owi�g
conditions and requirements:
1. ApplicabEe dweliing �nits shafl provide one building entrance on an aecessible route served by a
no-sfiep entrance or a ramp; and ,
2. lnterior �oors and hallways s�all provide sufficient widths for the passage af a wheelc�air; and
3. WaEls shaEl be reinforc�d in specified �ocations far the insta�lakian o� �rab bars, and light switc�es
and other outlets shal� �e inskall�d at accessible locatians; and
4. The City Buil�ing Ofificial may waive the exterior requirements upon review of a writfen request;
and
�. The City Bui�ding �fficial's decision may be appealed to ti�e City's Construc�ion and Fire
Preveniion Board.
Staff believes the pro�nsed or�jnance will �rovide necessary guidelines far buil�ers who participate in
City assisted affordable housinc� ea�struction programs to prcrvide accessibility to persans with disabilities.
This ordinance will have city-wide effect.
The Safety an� Community Development Committee app�ovEd ti�is recommendatiarr at its April � 1, 2Q04
me�ting.
� �'aiy o, f �'o�t �o�h, �'exas �
� ��.��d ���n�� ���c�����t���
� � �
�DATE � REF�RENCE NUNIB�R LOG NAME PAG�
412510a � C_�2896 � 05CONSTRUCT � 2 of 2�
, suB��cT _ BASiCACCESS ORDINANCE _._____ „ ' .._._ � ._ . �
FISCAL INFORMAT14N10ERTiFIGATION,: �
The Finance Dir�ckor ceriifes that this acfion wil! have no material effect on City funds.
LW:k
�
�
0
Submitted for City 14tanager's
DfPtce by:
Libby Watsan
Originating Departmen! Head
Jeromt 1�Valker
` �'U�iD , ACC�UNT f
l (sp)
b�a3 �
7537 � (from)
Additional ��farmation Contact;
]eromc Wallcer
. .
7537 �
CEi�ixER
-� .
` AI�iDUi`iT 1 CI'I'Y SECR�'I'ARY
�
� � �ov�pCll.
� C]�Y C�UN
� APh � 25 2000
.. � . . , �yµLL ���Ltut/
�
" . � . Citp SeCsat3rJ o� Gke
Citq aI FcrlPlo:th,'�e�}3
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r�..�.n.�, ora�G���� ��o. �
1
• � � � • � � • �
a�nnvArre� xo.
. ���
AN O�2]JINANCE AMENDIlYG THE COD� OF T� CITY OF �'4R.T
��O1�T'g (].986) A5 Ali�END�l), BY THE ADDxTION O� SECT'zON ?�50
ENZ'�TLED `°ACCE551�rL�TY STAN7?ARD �'O]�Z. CERTA.XN CITY
ASS�STED H�Yl'SING� CONSTR�TCTTOiV' PROCxkZ.A.�YSS" REQYTI.R�NCY
CEi�Tl�I BiTILDIl�TG STANDA�tbS �N CX'�'Y ASSxSTED i�O�JS]NG
PROGRAn�S TO p�tO�TDE BASYC ACCESS T� pERSO�S '4�ITH
ATSA�IL�TIES; PROV�DlNG THAT TH7S ORDINANCE S�'ALL BE
CUMULA�'IVE Q� DT��2 4RDINANCES; PROirIDTNG A
SEVERA'B�LTTY CLAUSE; AND PRQ'V�XNG� AN EFFECTrYE DATE
� 1�VHEREAS, persons with disabilities and their immediate famifies are often isolated
in their own hor�es because the homes o�' rnost af their acquaintances contain
insurmountable barriers, and often exQerience difficulty in findin� a suitable house to ren�
a� buy; and
WHEREAS, certain features in housin� canstruction make new houses more �
accessible and livable for persons with disalailities and thus enhance the quality of life for
these persnns.
�VHEREAS, the City of Fart Worth is cammitted to pr�vide accessibility to persons
w�th disabiiities through its housing programs.
m
NO��, THEREFORE, $E XT ORDA.�NED BY THE CITY COUNC�L. 4�' THE
CITY OF FORT WORTH, TEXAS:
� ., .
.. �,
•. �
sECTzox �,
This ordinance is to require certain standards in the constructian of new single-family
dwe�lings, duplexes anci trip�exes �hat are constructed with city assistance as defined in
SECTION 2, to make ho�ses Fnor� accessibl� for persons with disabilities.
SECTION 2.
The faliorving requirements shalf be appiicable to ihe construction of new singie-
family dtivellings, duplexes and triplexes ("Applicable Dwe1ling Units"), with city
assistance. For purposes af this ardinance, "city assistance" shall mean funds far tha
canstnactior� of Apglicable Dtivelling LJ'nits in any city-funded program, with the fundir►g
source of CDBG, HOME or any other frederal, state or Ioca! hausin� programs,
SECTIO�T 3.
The fallovving c3esign requirements shall apply;
Requirement 1. Building Entrances.
App�icab�e Awelling Units must provide at least ane building entrance on
an accEssi�le route served by a no-step entrance or a ramp in campliance
with the CAS341ANSI-A1 �7.I, Accessible ane� Usable Bu�ldings and
Facijities 5tandard, as adopted by the Fort Worth Building Cvde
("Accessibility Standard'°} and having a maxirnum slope not to exceed one
in twelve �1:12); unless it is impractical to da so because of �errain or
unusual characteristics a£ tlne site as determined by a City aF Fort Worth
buit�ing o�f'tcial ("City �uilding �Fficial") upon review o£ the written
2
�
, � �., Y
request set £arth in SECTiON 4. The buiiding entrance doors sha�l
comply with the Accessibility Standard aad shaIl have a minimum 'c��ar
open,ing o£ 32 ir�ches. Th� entrance may �e at the frant, side or back of a
dwelling as long as it is serv�d by an accessible route such as a garage ar
Sidewalk.
Requir�ment 2. Interior doors.
A!1 Applicable D�vetling Units, whether or not on an accessibla route,
shall provide doors designed to ailow suff cient �rridti� for t'he passage of
�vheel chairs.
Except those serving closets less than 15 square feet in area, interior doors
tivifihin an Applicable Awelling Unit must provide a minim�tm of 3fl" clear
apening. A 2' 8" doc�r or standard 6' 0" sliding patio door assembly is
.�
deemed suif'icient to comply with this requirem�nt, provided however,
compliance with requirernents an �`+�faneuvering Clearance at Doors in the
Accessibility Sfandard shall not be mandatory.
Requirement 3. Accessible routes into and through the Applicable D�veliing Unit.
An Applicable Dwelling Ur�i.t rnust provide an accessible raute through the
hallways and passageways of the first floor of the unit. Further, the
aecessible ro�te must provide a minimum width of 3b", �xcept thraugh
doors, and be level with ramped or beveled changes at door thresho]ds.
Requirement 4. Wall reinforcement in bathroom.
3
... , � ,
Rein£orcement in the walls shall be provided at designated locatiflns as
, speci�ied by the Accessibiiity Standard, so that grab bars may be iRstalled,
i£ needed, at � later data without the necessity o�'remaving por�ic�ns a� the
existing wall. �
Req�irement 5, Light switches, etectrica� outlets, thermnstats and other
environrriental controls,
A]1 Agplica�ale bwelling Units shal! be desi�ned and constructed to
cpntain light switches, electrical outleEs, thermostats and other contro�s in
compliance with the requirements of the Aceessibility Standard. i�hers
znultiple cantrols serve the same elements (e.g., two remote switches £or a
1i�ht} only one must be accessible.
SECTIOI� 4.
SECTION 3 Requirement 1(Building Entrar�cesj may be waived by.the City Buiiding
f�ff�icial when in his/her opinian, due to grade or site condi�ions ("Canditions"), access by
ramp is unattainable.
A person req,uesting said waiv�r shall f le a tivritten request ("Request")'�with the City
Ruilding Off"icial at the City of Fort i't�orth Development ]�epartment and include atl
�ocuments i18C0553ly to prove the existence of' the Conditions. The Request shall
demonstrate that the Conditions on the site render ii impossible to compty wifh the
requirements for exterior accessibility in ��is ardinance.
�
4
Witt�in 10 calendar days from the receipt of a completed Request, the City Buiiding
Official shall render a wntten decision. A, capy of the decisior� shall be f!ed in the
official records of the DevelQpment T7epartment, Appeals to the City Building Official's
decision shall be made to the Construetiort and �ire Prevention �oard in accordane� with
Section 7-47 of the City Code
SECT�Q�i 5,
This o�dinance shall be cumulative of ati provisions �f ardinances and of the Code o£ the
City a£Fart �Vorth, Texas (1986), as amended, exccpt where the prflvisions of this ordinance are in
dir�ct conflict with the prowisions of suc�a ordinances and such Code, in which event con�licting
provisions of such ordinances and such Code are hereby repealed.
SECT�ON 6.
Zt is h.ereby declared to be the intention of the City Counci! that the secfiions, paragraphs,
sentences, clauses and phrasss of tivs ardinance are severa6fe, and, if any phr�,se, clause, sentence,
parag�raph or sectian of this ordinance s�all be declared unconstitutianal by the valid judgment or
decree of any court o� compekent jurisdictiar� such unconstitutionality shall not affect any of the
remaining phrases, cjauses, sentences, �aragraphs and sactions of this nrdinan�e, since the same
would have �een enacted by the City Ct�ur►cil without the incorporation in this ordinaace of any
such unconstitutional phrase, elause, s�nkence, paragraph.or sec�ion.
SECTION 7,
This ardinance shatl take effect and be in full force and effect from and after the date of
its passage, and it �s so ordained.
5
�
APPROVED AS TU FO AND LEGALTTY:
�� �
Assistant city Attorney
.
DATE: �/ � �t
A.DOPTED: � ��/ D �
.
EFFECTIVE: �� ��
. /
,�
,. �
C�T"Y OF FaRT `R'ORTH ATTACHMENT I
HOUSING DEPAR.TMENT
- SUBGRANTEE'S REQUES'� FOR FC71�TD��
- — xg�noy — -- — — - — � -
�'r4gram Nar.me:
Contract Nuxnber; Report Periqd;
Date of Rec�u�st:
r�
CASH BAL�+,NCE ANALYSZS FOR
1. Bea n� Casf�. SaIance �$ ' $
2. Amount Received: '
Program Income $ $ .
City of Fart Worth � $
Iutexest Earned $ $
3. Total Fnnds Available (1 + 2) $ �
4. Less E�endzture (detaiI statement cost) $ $
5. ENDTNG CASH BALANCE {3-4} $ $
i •G meLl�' �i. .�y `- �'6 �L:�i�L�luiiL --- -
' y.i/1l+ii
6. Estimat�d Expenditures $
7. �nds Needed {b-�} �
8. Less Estimated Program Tncome $
9. Unpaid Regiiest fox Pay�nent PreviaUsly Submitted $
1�. Anzaunt of This Request (T-$ & 9) $
�:1�Y. � �}��..i4+i� � :�i2� � 1 II " .� �li,� LY:I� .��ilY�ll��l�ddJ�� � lYlll�l`%.E��lal� ��1���
JZ�;u :,J k' .1; v;,.r..�,�e1�6a4;r��a�.:�lil�iie 5�-�°'�'� �
�!�d����,.�l�.�aw�Fs:�Y,ya Ara���4_�:�."f",aaa.r�L�Li����d•. .�ail��-���ge
I. MARS' - Purc�asing Request �
A. MARS TNPUT: Vendor/P0 Nwnber/Requisition Nianber
R. FundlAcco�[ntJCenter
C. Totai Amount of tl�is Raquest
���������iICi:L��LeasSe��i€i���'.a�'�'Crte4Y�B� �la#idiL�.iu' �.Yil..u'� :i�J�����la1k�+.Y.iuHwie�F,riu .1 � dl�irdyali: � �a�iiaM.� _hJ� ��LiE:AiL
1. Verificadon � �
A. Model Bloclxs Pianner: / /
iN�?
B. Cantract Manager: / /
(I+�ame)
C. Accauniing: I I
cN��
2. Aufhoriza#ion
A. Agency: / /
th��
B. M�mt & Budget
Administraiar I /
c,��}
Housing Directar / /
� ov�e ss,soo.aa ��116}
CTIiC OF FORx WOATH A�"TACHMENT II
HOUSING IJEPARTM�NT
MANAGEMENT AND BUDGET DIVISION
DETAII., STATEN,C�NT OF COSTS
conrrRacir No. nnz�
AGENCY " �
PRDGRAM ItEPOR�T PERIOD
PROGRAM MONTHLY CUMiJLATIV�
COST CA�'EGORY �_ ACCO�[1NT BUDGET EXPENDITURES TO DATE EAI,ANCE
PERSONA�L S�RVICES� --- � .. �.
5alaries 5 J, 60 � 0 � I '
�FICA 518010. �
�Lifelnsurance � S1�Q50
�Health Tnsurance ' S1806D � ' �
Unemployment - Federal S I $090 �
�Unemployment Taic-Stats 518090 I
�Wt�rker's Comp 518040
„_ �Retirement I 518070 I
. _ , , . �SU.��L1ES I
. Office 5upplies 521010 �
. . �PosCa�e 521b24 -
f Teaching Aids i 522630 � �
. - '_ �Food Supplies - - - - - . - - -522030 I . - � - - -
Other_Operatin$ 5upplies 523300 �
� CQNTRACTUAL SER'4�CES, �
�Teiephone 535D4D I I
. �lec�ic 535a20
. , Gas (Utility) � 535010
. Water/WasYe Disposal 535030 �
, .. IRe�t Build'm�) 537a10 �
., � Custodial Services 539220 � : �I
Office Equipment Rentai 537{�30
. f. �Printing . � 533030
, Aepairs. 53600 �
.., . Fidelity Bond R 538210 I
, �: , :.. �Liabiliiy Insurance 534024 I
. �..e�al & Accouniiag 538066
�Private Auto Allowance-Local . 532130
�Adve�tising 533010
Conferences �. 5eminars � 53 i 180
Contractual Services 539124 '
�xndirect Cost i S 1Z41 p � �
� CAPI'FAL OUTLAY • �
�'w�nitvre, Fixtures 54133p i
Office �quiprnent 54137a �
IPraperry Insurance 1
I'FOTAC. ! I
Sub-Contractors Cerrificarion: I certify that the costs incurred are ta3cen from Ehe books of accounts and that such costs are valid
ar►d consistent with the terms of the agreemem.
NANfE aad 'I'ITX,E OF Ail�'HORIZED OFFICER SIGNATURE and DATE
A�ENCY
PROGIL4M
� � — c�ex
ND. �, DATE #
�
12
+ 3
I 4 �
I $
6
. 7
8 i
. . � .
IQ
I1 I
12
1 x3 I I
� 14
15
16
, i 1 17 '
._.� I8
I 19
I 20
zi
22
23
24
�
CITI' OF �'�R�" WOR�
HOUSING D�PARTMENT
MANAG�MENT AND BUDGE�' DIVISI�N
EXPENDITURES WORKSFIEET
PAYEE
ATTACHMENT III
, �
COTiTIihGT NQ. _ DA'� .
xo
REPORTPBR[QD
n�scx�rzorr � Accaurrr rro. � A.Nrourrr
� I
I I
I
I
I
! _
1
I
25 I � !
TOTAL
Sub-Contractors Certificatian: I certify that f.}ie costs incurred are ta�ken from the books of accounts and that such Eosts are valid
and consistent with the temis of the agreement.
N� and TITLE O�' ATJTHORIZED O�'FICER SIGNATUR� and DA'I'E
City of �ort Wo�th9 Texas
��y�� �r�� ��ca�c;� �.���t�r��cc��t��r�
DAT� FZ�FER�NCE NUMBER LOG NAME PAG�
1115102 **���J ���7 05CONTRACTS 1 of 3
suB��c�r- ,.C�`�,,,�TH�,i,f�.I�F G^�'�TRA�fiS V�I1'N EV.E1��18�RHQOD �O��i"JG ��RVlG.ES �F FDR�
!�!�lOF�TH AfVD if��R�NT �f�iJNi`l�' AND SINlNIAN D�VELOPMENT, INC. fN
I SUPPORT OF HDUSING INITIATIVES
RECOMMENDATION:
It is recommended that the City Council:
�. 1�.���rar��� t�e F�eal4�c��io� an� u-se �t $�1�,UU0 for Car:•rr;u�tt�► 6-�lousing Deveioprr��� �r-�a�iz�t��r��
��.N,L��1s) under the federal Hame Invesfinent Partnerships Program (HOME} Year 20Q2; and
2. �uT�r�ri�e �� �iiy ��ia���ger to ���c:��� i:Q�l�ife�L"iS, n�i to �::�e� a ��r�b�n�d t�#aE of $31 �,OQ� �n
�s�a� Y�� �0�2 F,'�,�v�� ��nds, with t}�e follawing CHD�s to implement iheir respective projects in
fhe amounts at:
� j�,��2,[y�3C� t� Neighborhood Hous`rng �e�,rices c�# ���� V�� ^,�`�y a�� Ta�ani �o:�; ���, V�tc. ��i�F',S}
far �r�ns�ruc.LE�n �f s�ngle famlly intiil 'rip�;F�� �ri���-ise�f �r th� fc�l�owir�;
a$2�2,OOD in GHDO Program Funds
a$5D,000 in CHDO Support Funds to assist fhe organization wifh payment of operatir�g
costs; and
b) ���,fla� �a S;r�ir�i�� D�ve�o�m+�nt, Enc_ in CHDO Suppor� Funds #a assist the organizatior�
with payment of operating costs and
3. Authorize NHS fo retain �he proceeds as defined by Section 92.300{a)(2} of the HOME program
and in canformance with Cify �olicy; and
4. Aufhorize tf�e contract per�armance period on both contracts to begin an the date of contract
execution and end twelve montl�s thereafter; and
5. Authorize the City Manager to extend or renew the contracts for up to ane year, ifi the organization
requesfs an extension, and
6. Authoriz� the City �Manager ta amend the cantracts, if necessary, ta achieve project g�als provided
that any sucn amendment is within the scope of the pt-ojecf and in campfiance with applicable laws
and regulations. �
C`riy of �o�t �'orth, Texas
��y�r c��d ���n�;� ��rr���r����t;�n
DATE REFER�NCE NllMB�R �OG NAM� PAG�
11151Q2 **��� ��2`� 45CONTRACTS 2 of 3
SUB.IECT AIJTHORIZE CONTRACTS W�TH NEIGHBORHOOD .HOUSING SERVlCES OF �'�RT
� WORTH AND TARRANT COUNTY AND SININIAN DEVELOPMENT, INC. IN
SUPPORT OF H�USING INITIATIVES
DISCUSSION:
The HOME program is intended to be a par�nership between federal, stafe and local go�ernment, and
non-prafit and for-profit agenci�s who bui�d, own, manage, finance and support low�incame housing
initiatives.
Parkicipating Jurisdictions (PJs) such as the Cify af Fort War�h are particularly encouraged to work wit�
existing comm�ni#y-based, non-profit housing organizations and #o help develop new housing non-
prafits. To e�sure this participation, a minimum 15% of a PJs HOME funds must be set-aside to be
used for Community Housing Develapmen� Corporafions (CHDOs}, and up tv 5% may be sef-aside to
fu�d CHD�'s operating expe�ses. .
CHDOs are c�r#ified by PJs according to specific efigibility criferia. Commitments af HOME funds must
be made according to a fimetable estabfish�d by the U.S. Depar�ment af Housing and Urban
Devel�pment (HUD).
A Notice of Funding Availability for CHDO funds was issued and the NHS and Sininiar� proposals were
received in response. Funding for botF� CHDOs is being recommended as follows:.
AG EN CY
f�HS
Sininian Development,
Inc.
SC�PE QF WORK
PROGRAM
FUNDS
SUPPORT
FUNDS
Irrfiit I�au�i�g �rs��u�kior� (3 �nit�)
CHDO operating expenses for
development of a housing projec#
���,{}.�U
� S�,Q[��
� a $ �a.000
iotal $212,OOD $100,000
The propased pr��ects of NHS are located in COUNCIL D15TRiCT 5, and 5ininian De�elopment, Inc. is
located in C�UNCIL DISTRfCT 8.
On �ctober 8, 2Q02, the Economic and Community Development Commitfee endors�d tF�ese
� recommendations to the Ciiy Councif.
�'it� of l�ort �o�th, Texas
�y�� ��� ��u�n�;� ��,��c������t;��
DATE REF�I�ENCE NllMBER LOG NAME PAGE
'! 115IQ2 **�o� ��27 05CONTRACTS 3 ofi 3
suB�Ec�r Al1THORIZE CONTRACTS WITH NEIGHBORH�OD HOUSING SERVICES OF FORT
WORTH AND TARRANT COUNTY AND SIN[NIAN DEVELOPMENT, INC. IN
SUPPORT OF HOUSING lNITIATiVES
FISCAL INFORMATIONICERTI�'iCATION:
The Finance Director cer�ifies that upan approval of the a�ove r�commendations, funds will be
available in the current operating b�dget, as appropriated, of the Grants Fund.
1:�:�17
Submitted for City Manager's
os��� by:
Reid Rector
Originaiing Department Head:
Jerome Walker
Addiiionai Information Contact:
Jerome Walker
+ �'UND
� �ro�
� 1 &2a) GR76
b140 1&2a) GR76
1&2a) GR76
I 1 &2a) GR76
� 1&2a) GR76
� 1�2E�) GR76
� 1&2b) GR76
7537 � (from)
1 &2a) GR76
1 &2a) GR76
� 1&2a} GR76
� 1 &2a) GR76
I 1&2a) GR76
� 1&2b) GR76
7537 I 1 &2b) GR76
ACCOIINT
539120
539120
539'I 20
539120
b39120
�ss�2a
539120
539120
539120
53912�
539120
53912Q
539120
539120
CENTER
p052061�3xxx
005206128xxx
005206698�ac
OD5206772�oc
005206698xxx
0o�2o6sss�cx
a05206772xxx
005206113130
DD5206'l28D3a
00520689803fl
005206772030
005206698020
00520669802p
D052D6772020
I ANfOU1�T
$ 27,000.00 I
$ 22,123.8p �
$ 24,007.74 I
$'f 38,868.46 I
$ 50,OO�AO �
� zo,as5.s� �
$ 29,1�4.33 I
$ 27,000.00 �
$ 22,123.80 �
$ 24,q07.74 I
$138,888.46 �
$ SD,OOQ.00 I
$ 2D,$95.67 �
$ 29,104.33 �
C�TY SECRETARY
APPROVED 11/05/02