HomeMy WebLinkAboutContract 27130r^.I�X �ECRE'T��V�--�/�
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STATE OF TEXAS §
§
CQUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth ("�ity"),
acting by and #lzrough Joe Paniagua, its duly authorized Assistant City Manager, and Lake Como
Area Council, Tnc. ("Cantractor"), by and through Ma�rla Sapp, its, duly authorized Executi�e
Dixectar, Cantractor's business address is 5620 Houghtan, Fort Worth, Texas 7bi07.
WHEREAS, th�. City of Fort Wotth ("Ci�') has received a grant fro�n the United �tates
Departmen.t of Housing and Urban Development ("HLTD") through the Home Investment
Partnerships Program ("HOME"), Program No. M-01-MC-�48-4204, with whi.ch the City desires
to promote activiiies that expand the supply of affordable housing and the development o£
partnerships among the City,local governments, Iocal lenders, private industry and neighbarhaod
based nonprofit housing arganization.s; and � � �
WHEREA�, the primary purpose of the HOME program pursuant ta the National
Affordable Ho�.sing Act of 1990 {"NAHA") and 24 CFR 92, ("the Regulations") is to benefit
1aw and very low incame citizens by providing them wi.th affordable housing; and
WHEREA�, Contrac�or, a nanprofifi corporation managed b� a valun�eer Board a£
Directors, is working to increase the number af decent, affordable housirig units available to low
and madarate inc�me persons; and
WHEREAS, the citizens and the City Council of Fort Warth have determined that the
development of safe, decent and aifordable housing is needed for mod�rate, low and very low
imcome citizens of Fort Woxth; �
NOW, TI�REFQRE, THIS AGREEMENT FURTHER WITNESSETH:
�. GENERAL PROVISIONS
Purpose
Th� express purposs of this contract is to provide Can�ractor with HOME funds not to
exceed TWO HUNDRED FOUR THOUSAND FORTY TWO DOLLA.RS and No/10Q
($204,042.00) for housing development in accordat�.ce with "Exhibit A- Prograrn Summar�'.
ONE HiJNDRED FIFTY FOUR THOUSAND FORTY TWD DOLLAR5 and No/100
($15�,042A0) is designated as "Program Funds", and may be used for the rehabilitation of
existing homes, single family or multifamily, far sale to 1ow, incame hornebuyers. The following
are the specific activities that are eligible for fiuZding: 1) acquisition of vacant properties; 2) site
preparation; 3) related soft costs such as appraisal fee, architect's and engineer's fees, city
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permits, legal fees, and costs associated with the sale of homes to quatified homebuyers; and 4}
rehabilitatian of th� home. In addition, the amount of FIFTY THOUSAND DOLLARS and
No/100 ($50,000.00) is designated as "Operating Funds", and may be ttsed administrativ� costs
in the management of the organization. The objective of this cantract is to rehabilitate and s�ll
within the contract periad three (3) homes to qualified homebu�ers.
Upon the sa�e of each hause, Cantractor may claim a develo�e�'s fee of $3,OOQ and any
additional sales proceeds that axceed the development cost. These funds may be used hy ihe
Contractor, at its discretion, to further its Pro�ram gaals. {No developer fees widl be paid for
projects where the development cost exceeds the sales price by more than ten percent (.1 D°/a)). If,
during this contract period, Con�ractor maintains the Performance Standards establish,ed by the
City for retention o£ CHDO proc�eds, the remaini.ng proceeds from the sale of each house may be �
retained by the Cantractor as CHDO proceeds and used far HOME-eligible ar other housing
activities to benefit low-incon�e families, as required by 2� CFR 92.300(a}(2), if the project is
begExn before the end of this contract. �
Dnce CHDO proceeds are used and recapiured by the Contractor, there are na further
HOME requirements which must be met, The Cantractor is free to use its discretion in the use of
these funds.
The eligible costs are thase allowed unde:r the HOME regu�ations for the specific
activihes mentioned in the above parag�raph. These f-unds will be disbursed to Contractor on a
cixawdown hasis upon request to develap the hausing projects.
Th� City hereby certifies that Con�ractor is a Commuiuty Housing Development
Organization (CHDO) and acts as a housing deve�oper as defined by HUD.
The City shall act through its agent, the City Manager, or his duly authorized
r�presentativ�, unless otherwise stated in this ag�reement. Contracior agrees io comply with the
uniform administrati�e requirements contained in Section 92.505 0�' the HOME regulations,
including Subpart F, and applicabl.e City Codes and regulations.
2. Duratian / Period of Affordabilitv -
This Contract begins .on the date of execution of this contract and termina#es twelve (12)
months a.�ter e�ecution af the con�ract except that the provisions relating to affordahility shall
remairi in effect through the period� of affordability of the last hc�use sold under this program as
provided in �ection 12 Paragraph 2. This Contract may be extended for one {1} ane-year term.
Contractor shall request the extension in writing and subxnit the request to the City sixty (64)
days prior to the end of the contract. The City rnay then approve �lae extension of the Contract
for another year. It is speci�cal�y understood �hat it is the City's sole discretion whether to
approve ox deny t1�e requ�st.
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The hausing owned or deve�oped by Contractor shall remain affordable as xequired by
Sect�on 92.254 of the Regulations. Affordability means that the actual principal, interest,
prop�rty taxes, and i�xsu�rance (PTTn for the purchase does not exceed thir�y perceni {30°/a) of the
monthly adjusted income of a family .with an incame ai or helow eighty percent (80%) of the
median income of tlle area, adjusted �or family size, as established by HUD. If the hausing does
not meet the affordability requir�rnents as stated below, the funds used to produce said housing
must be repaid to the City. HOME-funded homebuyer programs must remain affordable housing
for minimum periads of: 5 years where the per unit amount of HOME funds provided is less than
$15,000; 10 years where the per unit amount of HOME funds provided is $15,OQ0 to $4�,Q00;
and 15 years where #he per unit amount of HOME �unds provided is greater than $�a,�04.
Repayment of the HOME funds atiributable to the unit ar units that do not maintain ths HOME
affordability requirements will be required from the Contractor, if, at any time the Contractor is _
found to be non-compiiant to the abo�e time limits.
3. Income Reauirement and Use o�r Hous� as Principal Residence
The HOME Prograrn uses the income definitions used 'm the Section & Pragram. Annual
income includes earned income, income from assets, and income from other sources as defined
by 24 CFR Part 5. Annual income is used to establish homeowner el�gibility. The annual
income of the homebuyer, adjusted for family size shall not exceed eighty percent ($0%) of the
area median incame as established by HUD. Contractar s1�all use the most current HLTD Pz'ogram
Tncorrie Guidelines to determine program eligihility.
The Contractor shall insure ihat ihe ha�rnebuyer will use the home purchased under this
program as his/her principal residence during the period of affordability.
4. Housin� O�alitv and Other Standards.
Housing units rehabilitated under this contract shall meet Hausing Quality Standards,
City of Fort Worth Housing Rehabilitation Standards and all other applicable standards under the
City Codes and ardinances.
5. Other ReQuirements
The sales price of the hause shall not exceed ninety-five percent (45%) of the median
purchase price of the type of single famil.y housing for Fart Worth as deterrnined tay HUD.
The sales price of the house shall nof exceed the appraised value of the property as
deterr�ined hy an indep�ndent appxaisear.
Contractor shall demonstrate that the CHDO funds shall be �everaged by other funding
sources.
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6. Indebendent Contractor
Contractor shall operate hereunder as an independent contractor and not as an offzcer,
ageni, servant or employee of the City. Contracior shall ha�e exclusive contral of, and the
exclusive right to control the details of the work and services performed hereunder, and all
persons perfa:rming same, and shall be so1�Iy responsible %r the acts and omissions of its
officers, mernbers, agen#s, servants, employees, subcontractors, program participants, licensees
or invitees. The doctrine o� r�spondeat superior sball not apply as between City and Contractor,
its afficers, membe:rs, agents, servants, empioyeas, subcontraciors, program participants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise b�tween City and Contractor. it is exp�essly understood and agreed that no officer,
memb�r, agent, employe�, subcontractor, licensee or invitee of the Cantractar, nor any program y
participant hexeunder, is in the paid service of City and that City does not have the legal right to
contral the details of the tasks perfarmed hereunder by Contractnr, its officers, merr�bers, agents,
employees, subcontractozs, program participanfs, licens��s or invitees. �
�ity shall in no way nor under ariy circums�ances be responsible for any property
�elonging to Contractor, its officers, members, agents, employ��s, subconbractors, program
participants, licensees ar invitees, which may be last, stoJ,en, destroyed or in any way damaged;
a�d Contrac#or hereby indernnifies and holds harmiess City and its afficers, agenis, and
employees from and against any and all claims or suits. .
7. Tenmination.
This contract may be terminated Uy thc City in the event of default, inability, ar failur� to
perform on th� part of Contractor, or whenever such tenazination is determined by the City to be
in the City's best interest. Likewise, the contract may be terminated by Contractor if fhe Ci#y
daes not �rovide funds pursuant #o this ag�reem�nt, The contract rnay be terminated for mutual
convenience upon agreement of the parties.
The parties acknowl�dg� that HOME funds paid hereunder are intended ta provide only
partial funding for Contractar's pragram operations. If nan-HOME funds to implement the
pragrarn. are not forthcaming to the Contractar during the contrac� term, the City may termina�e
this coniraet.
Pursuant to the City's CHDO Program and Funding Requirements, Contractor shall begin
actual acquisitian. and construction work within 6 months frorn the da�� of contract executian.
Failure to start within the 12-month period is grounds for contract termination.
City shall notify the Conkractor in writing of any breach o� this contract, and specify a
reasonabl�: time within which ta cure the particula�r breach, After being notified of snch breach,
and if the breach is de�med to be material, Contractor sha11 have a reasonable time to cure the
breach. �£ the Contractar fails to eure the breach within a reasonable time, not to exceed (60)
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days, this cantract shall automatically tertninate.
Contractor will return to City any unusad monies previously distributed under this
contract within thirty (30) days of the effective date of contract termznatzon. City will have no
responsibility or liability for Contraetor's expenclitures or actions occurring after the effective
date af tbe contract termination,
$. Venue
Should any action, whether real or assarted, at law or in equity, arise out of �he execution,
performance, attempted performance or non-performance of this agreement, venue for said action
shall be in Tanant Coun,ty, Texas. -- _
9. Written Inshu�ent is Entire A�reement
All terms of this contract sha11 apply to any and all subcontractors af Contractor whieh
are in any way paid with HOME funds or who perform any work in connection with Contractor's
Prograrn.
• The provisians o� Yhis agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this agreernent sha11 b� determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction o�er the subject matter thereof, such
invalidity shal.l not a££ect attaer prnvisions which can be given effect without the invalid
pravision.
The failure of �the City fo insist upon the performance af any #erm or provision af this
agreement or to exercise any right herein conferred shall not be construed as a waaver _or
relinquishment to any extent of the City's right to assert ar rely upon any such term or night on
any future occasion.
This written instrument and ihe exh�ibits attached hereto, wluch are incorporafied by
reference and made a part of this contract for all purpos�s, constiiutes the entir� contract by the
parties hereto coneeming the work and sen+ices �o be performed under this contract. Any �rior or
contemporaneous oral or written agreement, which purports ta vary the terms of this cont�ract,
sha11 be void. Any amendments to the ternas af tliis confi�act must be i.n writing and must be
approved by each party to this contract.
The paragraph headings contained herein are for convenience in reference to this contract
and are not infended to def ne or to limit the scope of an� pra�ision of this contract.
11. DUTIES AND RESPONS]BILITIES OF CITY
A. Disbursement of Runds
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The City will fumish federal grant funds, (HCTD HUME Investrnent Partnerships Program
No. M-01-MC-�8-0204} for use as stated here:in. The City wi11 manitor the use o�` sucl� funds to
ensure appropriate use of the iunds. Funds shall be disb�zrsed after execution af this contract and
campliance wiih ihe provisions therein. Disbursements from the HOME account for actual
acquisition, construction, and/flr sale will nat he made until actually needet� for payment.
Payment o� expenses will require cornpletion of a"Request For Funds" form (Attachment �),
and a copy of suppo:rting dacumentss including the property sales contract, appraisal, notice to
seller, environmental review and contract between Contractor and builder �Exhibit E�Contract
For Construction}. ,
B. Amount a�Funds
Tt is agreed that the fotal distribu�ian of federal grant fiznds made ava.%Xable to or paid an
behalf of Contractor, during the term of this contract shall not exceed the total sum o� 'TWO
HLTNDRED FOUR THOUSAND FORTY TWO DOLLARS and No/10� ($244,042.00).
Contractar wilt use the ONE HUNDRED FIFTY FOUR THQUSAND FORTY TWO
DOLLARS and Nof 100 {$154,442.00) for the acquisition, rehabilitation and resale of homes to
low income buyers in accordanca with the Development Budget in �xhi�ait B.
Contractor will use the FIFTY THOUSAND DOLLARS and No/100 {$SO,OOQ.00} for
operating support of the Pragram, in accvrdance wi�h Exhibit B.
Cantractor sha116e paid on an advance of funds basis for all expanses incurred under tliis
contract to pay for specifc acquisition of lots, and related soft costs perta.ining to praperty
identifi�d for the purpose o� this Program. Prior to the release of £unds far constructian draws
work items must pass inspection by the City'.s I�ousing Department inspectors evid�nced by a
complet�d inspectio� fonn (Exhibit F-Request for Inspection).
12. DUTIES AND RESPONSIBILITIES OF CONT1tACTOR
A. Statement oi Work. Bud�et and Time Line for Goals and Exnenditures
Contx'actor shall acquire and rehabilitate �vacant houses and sell these homes to qualified
low-income hornebuyers. Contractor shall insure that homebuyers camplete a homeownership
t�aining program prior to closing. Conhractor shall alsa ass�st hom�huyers'in obtaining closing
cost assistance andlor deferred loan payment under the City's Homebuyer's Assistance Progra.m
ar other available prograrns ta make hflusing affordable io the hornebuyers. Funds will be
utilized only t� provide affor�iable housing within the City of Fort Worth, Texas.
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B. Bud�at
Contractar agrees that the HOME funds will be expended in accordanee with the
projected Develapment Budget in Exhibit B attached hereto and incorporated far all putposes.
Any change exceeding �en percent (10%} of the totai cost per housing unit shown in this Budget
shail be made only with the prior written approval of the City. Under no circumstances sha11 the
total amount of pr�ogram fi�n,ds expended hy Contractor from funds paid by the City exceed 4NE
HUNDRED FIFTY FOUR THOUSAND FQRTY TWO DOLLARS and No/l p0 ($154,Q42.40).
The funds will �e payab�e based on a drawdown schedule based on extent af completion
a� each hause as approved by the City housing inspectors. Contractor shall demonstrate that th�
CHDQ funds shall be Ieveraged by other funding sources. _
C. Time Line �or Goals and Exnendituras
Contractor shall work in accordance with tlie schedule in the Program Implementation
Timeline in Ex�►ibit C and ensure that pragram goals and expenditures correspond wi#h the
campleti4n o�the Pragram.
D. Reversian of Assets
Contractor agrees to return to the City any HOME funds rernair�ing on hand at the end of
the contract. �£ repayments, intexest or otMer return� on investment attributable to HOME �unds
are receiv�d after the term of �his contract, �hey shall be returned to the City to be deposited in
the City's HOME account established for the Contractor's development fund.
In the event the Contracto� admuvstering the developmenf fund established under. this
contract is dissolved, this contract shall thereupon terminate. Tn the event this contrac� is
ternunated with or without cause, or for any reason whatsoever, all assets of the HOMF,
develapment fund including cash, interest payments thereon from loans ax otherwise, all
outstanding notes, mortgages and other instruments io secw-e HOME funds an.d any xeal property
valued 'zn excess af $25,000 owned by the Contractor less than five years or a longer psriod of
time ihat was acquired or improved with T�OME funds from the development fund shall belong
to the City and shall be transferred to the Ci#y or to such assignees as the City may designate.
E. Affirmative Mazketin�
Cantractor must adapt affirmative marketi.ng procedu:res and requirements far a11 HOME
housing. The procedures and requi��ments must includ� �nethods for informing the public,
owners and potenhal homebuyers about fair hausing laws and policies so as to ensure that all
indi�viduals, without regard far race, creed, nationality orr religion, are given an equal apportunity
to participate in the Program. Th� Contractor will be solely responsible for the effective
marketing responsibilities necessary to achisve the Contractors' production goals set farth in
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Section I. Paragraph 2.
F. R�cat�ture Prvvisions
Cantractor understands that there are specific properry recapture requir�ments on HOME-
fund�d properties and a xequirement that the homebuye:r must use ihe property as its principal
residence. These requirements shall be incarporated in the property deed restriction or eovenant
rt�nning with the land. In addition, the iaan documents (Deed of Trust Nate} shaufd also
incorporate these requirements. The recapture pravisions will remain in effect on property
purchased with HOME f�nds iar the af%rdability periods described in Section I. Parag�raph 2
above.
G. Records and Reports
1. Cantractor will keep or cause to be kept an accurate record of alI actions taken and
all funds expended, with sowrce documenis, in the pursuit of the ohjectives of th� performance of
this contract. Such z'ecords shall be kept for the period of a£fordability mandated by ihe
Regulatians.
2. Coniractor will obtain and keeg on file the following in�ormation on each client
sezved by the Program:
3. Annual income and size af the household;
4. Ethnic group, using ane of the following five categories:
White, not Hispanic; Black, not Hispanic; Hispanic;
Asian or Pacific Islander; Ameriean Indian or Alaskan NaYive;
5. Wheth�r the head af household is ma3.e or female; is a
singl� male or female householder with or without children;
6. Additional statistical information as may be required by ihe City Hous�ng
Department or HUD regufations and any amendments thereto.
Contractor will keep on file the following inforrnation and dflcumentation on each
individual project: �
1. Proaf that fhe praject me�ts the applicable property and ather standards;
2. The per unit arnoun# of HOME and nor�-HOME dollars invested;
3. The eompliance with the affinnative marketing requ�rements and existsnce
of acceptable procedures;
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4. Camp�iance with relocation requirements, if applicable;
5. Minority and female owned business data, and affi�tnative fair housing
actions; ax�d �
6. Compliance with conflict of interest rules.
By the 15th of each manth far the duration af the contract, including the period of
affordability as applicable, Contractor will �upply the City with a report detailing:
1. Prog7ress toward goal achievement (Exhibit G-Program Services); and
2. Expenditure detail (Attachment I-"Request For Funds", Attachment YT "Detail �
Statement o�Costs" & Attachment III "Expenditure Worksheet").
3. The amaunt of leveraging generated by this grant, including items that qualify as
HQME match. °
4. Reports shall be submitted in th� format specified by City.
H. Cost Princitales
If the Coniractor is operatu�g under a non-profit 5tatus, as describ�d in Section 501 {c}3 of
�lae Internal Revenue Code of 1986, as amended, Coni�ractor shall comply with the requir�ments
and standaxds of OMB Circular A-122, "Cost Principl�s for Non-Prafit Organizations". If the
Contractor is operating as a for-profit entity, Contractor shall comply with the requirements and
standaxds af Generaliy Accepted Accvunting Practices.
All non-federal eniities that expend $300,000 or mare in federal funds within one year,
regardless of the source of the Federal awa�rd, rnust submit to the City an annual audit prepared in
accordance with CFR part 84 generally, with specific reference to OMB Circulars A-I28 and 133
as appropriate. The andit must be prepared by an indepand�nt certified pubiic accountant, be
completed within twelve (12) months following the end of the �eriod being audited and be
subxnitted to City within thirty (30) days af its completion. Cos�s of preparation of the audit may
be an allawahle expenditure of federal funds in an amount proportianal to that af the federal
fimds used in Contracta�r's total agency operating budget. Nan-federal entifies tha� expend less
than $300,000 a yeax in federal funds are exernpt from Federal audit requixements for that year,
but records must be available for review or audit by appropriate officials of the Federal agency,
pass-through entity (City), and General Accounting Office (GAO). (Exhibit D-Independent
Audit Requirement). �
City r�serves the right to perfarm an audit of Contractor's program operations and
�inances. at any time during the term of thi� cantract, if Ciiy determines that such audit is
nec�essary for City's compliance with OMB Circular A-128, and Con#ractor agrees to allaw
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access to all pertineni materials as dascribed in section headed records and reports above. 1f such
audit reveals a questioned practice or expenditure, such qu�stians mus� be resolved within �'ifteen
(IS) days after notice to Contractor of such questioned practice or expenditure. If questions are
not resolved within this period, City reserves the right to withhold further fiinding under this
and/or future co�tract(s).
Ifc as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part af the g�ant funds described herein, Contractor agrees to
immediately reirnburse the City the aamvu�t of such monies so misused, misapplied ar
misa.ppropriated, plus th�e asnount of any sanctions, p�nal�y c�r other charge levied against City
b�cause of such misuse, rnisapplication or misappropriaiion. �
I. Monitor Effectiveness of Services and Work
The City will review tk�e activities and performance of each cantractor anc� subrecipient
not less .than annually as required in Section 92.SQ4 (e) of the HOME regulatians.
Cantractor agireas ta fully ca�perate with City in rnarutoring fhe effectiveness of the
services and work to be perfarmed by Gantractor's complianc� with the terms vf this confract.
The City shall have access at all reasonable hours ta offices and recards (dealing wxth the use af
the funds that are the basis of t�iis contract} af Coniractor, its of�cers, directors, agents,
�mployees, and suhcontractors for ihe purpose nf such monitoring.
Contractor a�ees to likewise monitor the ef£ecfiveness of the services and work to be
perfornn.ed by its subcantractors.
J. Comvliance with All At�nlicable La�rs and Re�ulations
Federal
Contractor agrees to co�ply with the following laws and the regulations issued
thereuncier as they are curirently written or are hereafter arnended during perfornaance of
this contxact:
Title VI of Civil Rights Act of 1964 {42 USC 2QDOd et sec�
Title VlII of Civil Rights Act of 1968 (42 USC 3641 et sec�
Executive Orders 11�63, 11246, as amended by 11375 and as supplemented by
Departrnent ofLabor regulations (41 CFR, Paxt 60)
Section 504 of the Rehabilitation Act of 1973 {29 USC 794)
The Age Discrimination Act of 1975 (42 USC 6101 et �ec�
National Environmental Policy Act o� 1969 (NEPA) and the related authorities
listed HUD's implementing regulations (24 CFR Part 58}
Immigration Reform and Control Act o� 1.986 (Pub. L. 99-603, 100 Stat .3359, as
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amended) specifically including the provisi4ns rec�uiring employer verifications of
legal worker status of its employees
Housing and Community DevelQpment Act oF 1987 (Pub. L. 1Q�-2�2, I01 Stat.
1.815, as amended)
TI�e A�neri�ans with Disabilil�es Act of 1990 (42 IiSC 1210� et seq}
Natianal Affordable Housing Act of 1990
The Drug Free Warkplace Act of 1988 (2� CFR part 23, suhpart F)
Section 3 oi #he Housing and Urban 77evelopment Act of 1968, as amended, 12 USC
1741
As the wark performed under this cantract is on a projeet assisted under a program
providing direct �Eederal fitiancial assistance from the HUU and is subject ta the requirernenfs of .�
Section 3 of the Housing ax�d (Jrban Developrnent Act of 1968, as amended, 12 USC 1741,
Cantractor covenan�s to abide by the requirements of the said Sectian 3. It r�quires as fallows:
1. That, to the greatest �xtent feasible, opportunities for training and
employment be given to lower income residents o�'the project area, and
2. That, to the greatest extent feasible, contracts �ar work in connection with
the project l�e awarded to business concerns which are located in vr owned in substantial
part by persons residing in the area of the projac�.
Contractor will comply with the provisions of said Section 3 and the regulations
issued puxsuant thereto by the Secretary of Housing and Urban Development, set forth in
24 CFR 135, and all applicabie rules and arder� of the Department issued th�reun.der
prior to the execu�ian of this contract. Contractor certifies and agrees that it is under no
contractual or_ other impediment, which would prevent it frvm complying wi.th �h�
requirements.
Contrac�or agrees that it wili send ta each labar organization or representative af
workers with which it has a collective bargaining agreem�ent vr other contraci or
understanding, i� any, a notice advising said labor organization or warkers represez��a�ives
of its commitrnents undex this Section 3 clause and shall post copies of ihe notice in
conspicuous places available to employees and applicants for emgloymeni or training.
Cantractor agrees that it will include the said �ection 3 clause in every subcontract
for work in connectian with the project and will, at the direction af City, ta.ke apprvpriate
action pursuant to the subcontract upon a�inding that the subcontractar is in violation af
regulaiions issued by the Secr�tary af �iousing and IJrban Development, CFR�35.
Con�ractvr agrees that it will nvt subcontraci with any subcantractar where ii has nat�ice
ar knawledge that the latter has been %und in vialation of regulatians under 24 CFR 135
and will not let any �ubcontract unless ihe subcontrac#ar has firsi provided Contractor
with a preliminary stat�rnent of ability to comply with the requirements of these
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regulations.
City and Contractor understand and agree that compliance with the provisions of
Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of
th�; Department issued thereunder prior to ihe execution of this contract shall be a
conc�itian of the Federal financial assistance provided to tbe praject, binding upon City
and Contractor, and their respective successors, assignees and subcantractars. Failure ta
fulfll these requirements shall subject Contractor and its subcontractors, its successors
and assignees, to those sanctions specified by the Grant Agreement �hrough which federal
assistance is provided and to such sanctions as are specified by 24 CFR
Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts ,
and Regulations
This con�ract is subject to the requirements af Section 306 of the Clean Air Act,
as amended (42 USC 1SS7(h) et seq.), Sectipn SQ8 af the Clean Water Aci (33 USC
I368}, Water . Pollution Controi Act, as amended (33 USC 125 ]. et seq.) and the
regulations of the EPA with respect thereto at 40 CFR, Part 15, as amended from time to
time, and Executiv� Order 1173 8(42 USC 7606 nt.). In compliance with said
regulations, Con�ractor agrees and, with r�s�ect to a nonexempt transaction, shall require
each subcontractor t� agree to the followi.ng requiremer�ts:
1. A stipulation that no facility ta be utilized in the per%rmance of
nonexempt contrac� or subcontract work zs included on the List of Violating Facilities
issued by the (EPA) pur�uant to 40 CFR 15.2Q;
2. Compliance with all the requirernents of Section 114 of the Clean Air Act,
as amended (42 USC 1857c-8), and Section 30$ of the Federal Water Pollution Control
Act, as amended (33 USC i318), relating to inspec�ian, monitoring, entry, reports and
in�ormation, as well as all other requirements specifi�d in said Section 114 and Sectian
308 and all rregulatians and guidelines issued hereunder;
3. A stipulation that, as a condition far the award of the coniract, prompt
notice will be given of any notification received from the Director, Office of Fed�ral
Activi�ies, EPA, inclicating that a facility utilized ar to be utilized for the contract is under
consideratian ta be listed on the EPA List of Violating Facilities;
4. Agreement by Contractor that it will include or cause to be included the
criteria and requirements of this sectian in every nonexempt subcontraet, requiring that
Contractor will take such activn as City may direct as a means o#' enforcing such
provisions.
Tn no event, sha11 any amount af the assistance provided under this contract be
Page 12
utilized with respect to a facility which has given rise to a conviction under the Clean Air
Act or the Clean Water Act.
K. Other Laws
Contrac#or covenants and agrees that its officers, members, agents, employees, Program
participants and subcantraetoxs shall abide by and comply with all other laws, (federal, state and
Iocal) relevant to the perform�nce of thi.s contract, including all ordinances, rules and reg�latians
of the City of Fort Worth and th� Regulatians. Contractor further pramises and agrees that it has
read, and is familiar with, terms and conditions of the Regtilatians under which funds are gran�ed
and that it will fully comply witb. same. It is a�reed and understood that, if City ca11s the
attention of Contractor to any such vialations on the part of Cantractor or any of its officers, _
members, agents, employees, program participants or subcontractars, then Contractor shall
immediately desist from and correct sucb violation. �
13. Prahibition A�ainst Discrimination
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person because of sex, race, relig,ion, calor or
natianal origin, nor will Contractor permit i�s off'rcers, mernbers, agents, employees,
subcontractors ar program participants to engage in such discrimination.
During the performance af this contract Contractor agreas, and will require aIl its
subcontractors to ag�ree, as follows:
1. Contractor will no� unlawfully discriminate against any emplayee or
applieant for employment because of race, color, religian, sex ar national origin.
Contrac�or wi11 tai�e affirmative action to ensure that applicants are employed and that
employees are ireated fairly during emplayme�t withaut regard to their race, calor,
religion, sex or natianal arigin. Such action shall include, bui nat be limited to, the
%Ilawing: employment, upgrading, demo�ion or transfer, recruitment or recruitrncnt
advertising, layeff or te�mination, rates af pay or ather forms of campensation, and
selection for training, including apprenticeship. Contraetor agrees to post in conspicuous
p�aces, available to employees and applicants for ernployment, natices setting fnrth the
provisions af �is nondiscrimivation clause.
2. Contractor will, in all sa�icitatians or advertisernents for employees placed by or
on behalf of Contractor, state that all qualified app�icants will receive consideration for
enr�playment without regard to race, color, religion, sex ar national origin.
In accordance with the poficy of the Executive Branch of the federal government,
Contractor cavunants that neither it nox any of its officers, members, agents, employeas, program
participants ar subcontractars, while engaged in perfarming this con�ract, sha11, in connection
Page 13
with the employment, advanceme:�t ox discharge of employees or in conuection witli �he terms,
conditions or privileges of thcir employment, discriminat� against persons because of their age or
because af any har�dicap, except on the basis of a bona fide occupational qualification, re�irement
plan ox statutory xequiu�ement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcon�ractors, prograxn participants, or persons acting an their behalf, shall specify, in
solicitations ar advertisernents for employees to work on this cantract, a maximum age limit for
such employment unless the specifed rnaximum agc limit is based upon a hona fid� occupational
qualification, retirement plan or statutory requirement.
In accordance with the provisions of the Americans With Disabilities Act of 199Q ,�
("ADA"), Contractor warrants that it and any of i#s subcontractors will not unlawfuliy
discriminate an the basis of disability in the pxovision of services to the generaI public, nor in the
availability, �erms and/ar conditions o�' employment far applicants for employment with, or
employees of Contractor or any of its subcontractors. Cantractar warrants it will fully comply
with ADA's provisions and any other appliaabl� �federal, sta�e and local laws concerning
disability and will defend, indemnify and hold City haimless against any claims ar allegatians
asserted by third parties or subcont�aciors against City arising out of Contractox's and/or its
subcontractors' alleged failure ta comply with the abav�-referenced laws concerning disability
discrimination in the performance of this agreement.
This agreernent is rnade a.nd entered into with reference specifically ta the ordinances
codified at Chapter 17, Article III, Division 3("Discrimination in Employment Practices"), of the
City Code of the City of Fort Worth, and Gontractor hereby covenants and agrees that Contractor,
its officers, members, agents, emplayees and subcontractors, have fully complied with a11
p�ravisions of same and that no employee, appli�cant ox program participant has been
discriminated agai.nst under the terms of such ordinances by either the Contractor or its officers,
members, agents, em�loyees or subcontractors.
14. Prohibition A�ainst Interest
Na member, officer or employee of City or its designees ar agen�s; no member of the
governing body af the locality in which the Progra� is situated; and no o�her public afficial of
such locality or localities, who exercises any functions or responsibilities �vith respect to the
program funded heraunder during his tenure or %r one (1) year thereafter, shall have any intErest,
direct or indirect, in any cont�act ar subcontract, or the proceeds thereof, for work to be
performed hereunder. Contractar shall incorparate, or cause to be incarpvrated, like language
prohibiting such interest in all contracts and suUcontracts hereunder.
No officer, employee, membex ar program participant of Contractor or its subcont�ractors
shall have a finaneial interest, direct or indirect, in this cantract or the inonies transferred
hereunder or be fina�n.cially interested, directly or indirectly, in the sale to Conkractor af any land,
Page 'I4
ma�erials, supplies or services purchased with any funds transferred hereundex, except on behalf
of Contractor, as an o£f cer, �mploy�e, member or program participant. Any willful violation of
this paxagraph with the knowledge, expressed or implied, oi Contractor ar its subcontractars shall
render this contract void able by the City of k'ort Worth.
No officer, emplayee, agent, consultant, elected of£'icial or appointed ofiicial of the
participating ,�urisdiction, Contractor or its subcontractors who exercised any functions or
responsibilities with respect to activities assisted with HOME funds or who are in a position ta
participate in a decision maku�g process or gain inside information with regard to these activities,
rnay obtain a financial interes� or benefit from a HOME assisted activity, or have an interest in
any contract, subcontract, or agreemen� wz�h respect thereto, or the proceeds thereunder, either
far themselves ar those with whom they haue family or business ties, during theix tenure or for _r
one (1) year thereafter. '
15. Assi�nment
Contractor shall not assign a1i �r any part of i.ts rights, privileges, or duties under this
contract without fhe prior written approval of City. Any attempted assignment of same without
approval sha11 be void, and shall consti�uie a breach of this contract. It is agreed that �he Ci�iy has
tl�e right to u�.spect and approve in writing any proposed subcantracts between Contractar and
any subcontractor engaged in any activity in conjunction with �hi.s HOME funded project prior to
any charges being incurred.
15. Indemnitv and Bondin�
Contractar co�enants and agre�es to indemnify, hold haranless and defend, af its awn
expense, City and its officers, agents, servants and employees from and against any and all claims
or s�xiis for property loss or damage and/or personal injury, incluiiing death, to any and all
persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection
with the execution, performance, attempfied per#'ormance or nonperforrnance of this contract and
agreement andlax the operat�ons, activiti�s and s�rvices of the Program described herein,
wh�ther or nat caused, in whole or in nart.• bv alle¢e, d negli�ence of af�cers, a�ents,
servants, emplovees, contractors or subconiractors of Citv; and Contractor hereby assurrtes
all liability and responsibility of City and its officers, agents, servants, and employees for any and
alI claims or suits for properiy loss or damage ancllor personal injury, including death, to any and
all pexsons, of whatsoever kind or character, whether real or asserted, arising out of ar in
connection with th� execution, performanca, attempted performance or nonpe�'ormance o� this
con�rac# and agreement andlor the aperations, activities and services of th� programs described
h�rein, whether or not caused in whole or in qart,_bv aue�ed ne�li�ence of of�cers, a¢ents,
servants, emplo�ees, contractors nr subcop�tracto�s of City. Contractar likewise covenants
and agrees ta and does hereby indemnify and hold City harmless from and against any and all
injury, darnage or destxuction of property of City, arising out of or in connection with all acts or
omissions of Contractar, its officers, rnembers, agents, ernployees, subcontractors, invitees,
Page 15
Iicensees, or program participants, or caused, in whole ar in part, hy aileged negligence o�
officers, agents, servants, employees, con�ractors ar subeontrac�ors of City.
Contractar will maintain a blank�i f delity coverag� in the form of insuranc� or bond in
the amount of Ten Thousand dollars ($�0,004), to insure against loss from the fraud, theft or
dishonesty of any of Contractor's officers, agents, txustees, directors ar employees. The proceeds
of such bond shall be used ta reimburse City for any and all loss af HOME monies occasioned by
such iniscanduct. To effectuate such reimburs�ment, such bond shalY include a rider staiing that
reimbursernent for any loss or losses thereunder shall be made directly ia City for the uses and
benefit of Contractor.
17. Waiver of Immunitv
� Contractox, as a charitable or nonprofit organization, has orr claims an immunity or
exemption {statutory ar otherwise} from and against liability for damages or injury, including
death, to persons or property, Con�ractor hereby expressly waives its righ�s to plead defensively
such irnmunity or exemption as against City. This section shall not be construed to affect a
governmental entiiy's immunities under constitutional, statutory or common law.
18. Insurance Requireme�ts
Cornmercial General Liability (CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Business Automobile Liabiliiy �nsurance
$1,400,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,0�0 Bocl�ly Injury per person per occurrence
$2,Q00,000 Aggregat�
Insurance policy shall be endorsed to cQver "Any Au�o"
Pending availability of the fallowing coverage, and at the discretion af the Contx'actor, the
policy sha11 be the primary respanding insurance policy versus a personal auto insuxanc�
policy if or when in the caurse of Contractar's business as coniracted herein.
Workers' Compen�ation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$].04,000 each accident
$100,000 disease-each employee
$SOQ,OOD disease-policy limit �
Note: Such insurance shal.� cover employees perfo:rming work on any and all
�
Page 16
projects including but not limited #o construction, demoiition, rehabilitatian.
Coverages shall be maintained by Contractor or its subcantractoxs. In the event
the respecti�e subcontractors do not maintain coverage, the Contracto:r shall
maintain the coverage an such subcantractox for each applicable subcontraet.
Directors and Officers Insurance
4ptional(Highly Recommended}
Nate: This insurance shall cover the Cantractor and any associated Board of
Directvrs members.
Additionai Requirements •
Such instarance amaunts shall be revised upward ai City's option and that Con�ractor shall
revise such amounts within (3D) folloiving notice to Contractor of such requirements. "
Contractor will subrnit ta City document that it has obfained insurance coverage and has
executed bonds as required in this contract and prior to paytnent o� any rnonies provided
hereunder.
Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days
nptice flf cancellation, non-renewal, andlor material change in poliey terms or eoverage.
Insurance policies required hereiz� shall be endorsed to include the City af Fort Worth as
an additional insured as its interest may appear. Additional insured parties shall includ�
employees, officers, agents, and volunieers of th� City af Fort Worth.
The Workers' Compensation Insuranee policy shali be endorsed to �include a waiver of
snbrogation, also referr�d to as a waiver of ri�hts of recovery, in favor of the Ci�y of Fort Warth.
Any failure an part of the City #o request certificate(s) a� insurance shall not bc construed
as a waiver of such requirement nor as a waiver of the insurance zequirements themselves.
Insurexs flf Contractor's xnsurance policies shall be licensed to do business in the state of
Texas by the Department of Insuran.ce or be otherwise eligible and authorized to do business in
the state of Texas. Inswrers shall be acceptable to the City i�sofar as their finaneial strength a�ad
solvency and each sueh com�any shall have a current minirn�m A.M. Best Key �tating Guide
rating of A:VII o:r other equivalent insurance industry standard rating vtherwise approved by the
City of Fort Worth.
Deductible limits on i�nsurance palicies shall nat exceed $5,000 pex occurrence unless
otherwise approved by tha City of Fort Warth. .
J�a the event there are local, federal or other regulatory insurance or bonding r�quire�ents
for the housing program addressed in this, contract, should such requirerne�ts exceed those
Page 17
specified herein, the formcr shall prevail.
Contractar shall agree to require its subcon�ractors to maintain. appiicable insurance
coverages, limits, and other requireme�.ts as thnse specified herein; and, Contraciar shalI require
its subcon�ractors to provide Contractor with certificate(s} of insurance documenting same; and,
Contractor shall require its subcontrac�ors ta have the Ciiy of Fort Warth and the Contractor
endorsed as additional insureds {as theix interest may appear) on their resgective insurance
policies.
Contractar shall require its subcontractars to maintain builders risk insurance at t.�ie limit
of applicable project(s) costs wi�en the value of materials involved exceeds $I0,000 or at a
different limit value a� specified by the City of Fort Worth. �
19. Pro�ram Incame Oualifications for Families
Contractor agrees to abide by HUD income guidelines, which are speci.�ic to the type of
project that is undcrtaken by the Contractor.
20. Certi�ication Re�ardin� Lobbvin�
The und�rsigned representative of Contractar hereby certifies, to the best of his or her
l�nowledge and belief, that:
No fed�ral apprapriated funds ha�e been paid ar will be paid, by or on behalf ai
Contractar, to � any person for influencing or attcmpting to influence an officer or
employee of any agency, a member af Congress, an officer or employee of Cangress in
connection with #he awarcling of any federal cantract, the making of any federal grant, the
making of any federal laan, the ent�ring intc� of any cfloperative agreem�;nt and the
extension, continuation, renewal, amendment, or modification o� any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or atternp�ing to influence an officer or employee of any agency,
member of Congress in connection with this federal eontract, grani, loan or cooperative
'agreement, Contractor shall complete and submit Standard Form-LLL, 'Dz�closu:re Form
to Report Lobbying," in accordance with its instructions.
The Contractor shall require that the language of �his certification be included in all
subcontracts ox agreexnents involving the expenditure of federal funds.
Page 18
IN WITN�SS WI�EREOF, the parties eto have e e �ut� �d� faur copies of tliis coil�ract iY1
Forf VVoi�h, Tarrant Cotiinty, Texas, this � day a�' /��'�//�iY/c— , 2001.
ATTEST:
�+ � �[:
_.., y
ity Secz�ei�t'q
APPROVED AS TO I'ORM AND LEGALITY
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Asst. �ity Attorney
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Can���c� �uthoxi����.on
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CTTY OF FO�T
gy:
.�oe Pani
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Page 19 :Y�� ����yi�lRNfAS Y
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STATE OI' TEXAS �
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the �tate of Texas,
6n tl�is day personally appeared Joe Farniagua, known to �ne to be tl�e person whose naine is
subscribed to the foregoin� instrument, and acknawledged to me that the sanle was tlze act of ihe
City of Fori Worth and t1�at he executed the sarne as th� act of said City af Fort Vi�'ortl� for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND
;�r�¢� , A.D. 2001.
�... ROSELIA BARI�ES
2����AL�n
NC3TARY F�1lHLIC
'� � y St�t� ar i�xao
�'��'��� Comm, �xp. D�-3�-�OU�i
�.�,.,..
uv�ein��ri.■ -- -
�TATE OF TEXAS §
§
COUNTY O�' TARR.ANT §
SEAL OF O�'FICE #his �p� ciay of
,��c��—�.
Notary Public in and for the State of Texas
BEFORE ME, the unc�ersigned autharity, a Notary Public in and far the State of Texas,
on this day personally appeared Marla Sapp, luiown to me to be the person whose naine is
subscribed to the foregoii�g i��strument, and acknowledged io me that ti�e same wAs the act of
Lake Coino Area Cauilcil, Izxc. and that she executed the same as the act af said Lalce Como Area
Gouncil, Inc. for the purposes and cansid�ration thereiil expressed and in ihe capacity thereiii
s#ated as its duly authorized afficer ar representative.
,-, . GIVEN LJNDER MY HAND AND SEAL OF O�'FICE this �� day of
.�" �b , ► , , 20Qi.
� � r. '
a1P0.1G�C+W.�u....�.� - J - - �
;�t�►Yr� � P. M�YE� Notary Public in a�l or the State of Texas
Noi�ry �ublEc
' * � � SiAi� �� �'�XAS
' �'° � � I�y Cart�. Exp. 05/21 /05
�
Page 20
LIST OF E7+�HIBITS .,
i, EX�IIBIT A— PROGRA.M SUMMAR'Y
2. EXT�ID�IT B— DEVELOPMENT BUDGET ' �
3. EX�IIBIT C — TIMELINE
�, EXHIBIT D — INDEPENDENT AUDIT .
S. EXHIB�T E a CONTRACT FOR CONSTRUCTION
6. E�IT F— REQUEST FOR iNSPECTION .,
7. EX�IIBIT G— PROGRAM SERVTCES
. � S. ATTAC�-IlVlENT I�— K�QUEST FOR F'[JND5 � � �
9. ATTAC�IlVIENT II — DETAILED STATEMENT - -
. 10. ATTAC�IlVIENT III � EXPENDITURE WORKSHEET
�
� '
. d -
< <
�x��Bir a,
PRO�RAIVI SU1��1+iAR�
L.AK� COMO �R�A COUNCI�, ING.
PURCH/�5�, R�k6AF3, RESA�,� �ROGRAM
� �D01 HOM�-CHDO
Personal Ser�ices (Support Funds) � $50,000.00
5upplies " . $D.00
Contractual 5enrices (Clasing Cost 1 Rawnpayment AssSs#ance Fundsj $154,0�4200
Capital Outlay � $D, DO
TiDTAL , . $2D4,D42.04
��SCRIPYI�N:
Lak� Camo Area Gounci{ wi[l purchase t1�r�e residen#ial properties located In #he Lake Coma Area,
rehab the properiles ta comply with Housing Quality Standards (FiQS), and rese[i the praperties.
7he cantract period begins an the daie of execution ar�d ends fwel�e months thereafter.
�[iOGRAM O�JECYIV�S:
Ta purohase, reha6ilitate and rese{f a minimurt� of thr�e (3} residential properties. '
PRO�fiAM Nig►451lRES:
Total number of homebuyers assisted.. 3
� .
EXHIBIT B
USE OF TUNllS
� �T'P'�I�
PREDEVELOFl4IENT
1, MarkeE Study
2. 5ite Cantro! �
3. Architectural Feasibility
I4. Qther.
Total Predevelopment Cost
DEVEL4PMEIV'I'
5. I.and Acquisifion
6. Suilding Acquisition
7. Site Preparation
Total Acquisitian Cost
I8. Materials
I9. Labor
1 10. Cantingency
Total ConstructtnnlRehab Cost
1 i. Appraisal
Il2. Architect. & Engineer Fees
l3. Construction Management �ee
14. City Petmits
1.S.lnsurance '
lb. Construction loan interest
17. Proparty survey
i 8. Legal fees
19. Real esEate fees
I2U, L7lility hook-up fees
21. Title & Itecording fees
22. Developars fee
I7'OTAL DEVELOPM�NT C05'I
Lake Como Area Council CHDO
Ilevelopment �ud�et
5329 Fernander, 5101 Goodman, 5637 Bannell
i — ' '
Tt��Tn�,��os�r� ��eic��r►:�� o�:�:��€r��xr��:s�
$25,OD4.00 $25,004.00
$123,427.00 $123,467.40
$1,954.00 $1,45Q.00
$975,00 $975.00
$450.00 $450.00
$2,204.04 $2,200.00
$154,OUz.00 $154,04ZA0
�s����r �
�
� ,
EXHIBIT �
Lake Como Area Council CHDO
�pera�in� Bud�et
COST CATEGU�Y
PERSONAL SERVICES
5alaries
FLCA
Lefe rristu^�nce
Health Instuhnae
Unemplc�mzent - Federa�
er
Unemplayment Tax 5tate
w�x�s c�rnn
���r
SUFPLIES
Office Supplies
P����g
Tea \�cxunR Aids
Food Supplses
Oticer Oper�tin� Supplies
CONTRACTUAL SER'VICES
Telephone
Etedric
Gas (iltility}
WatedWaste Disposal
Rent� ilrlin,��
Custodial Ser�nces
a
Offioe Equipment Rer�tal
Printin,Q
Repairs
�ide�ity Bond
Iaability �surance
I.e�al & Aocounting
Pnvate Auto At(avvanc�iocai
Ad�vertisin� � _ �
Conferenoes 8c Setninars - -
.- Conkrac�uual Servioes
Indirec� Cost
CAP�TAL OUTLAY
k�unitiue, Fi�ctvres
ue
Office uiprrient
Properly uranoe
TO'�'AL
PROGR4M MONTIl'LY
� ACCOUNT SUDGET EXPENDiTUR�S
S160I0 24,8�40A0
518010 �
Si8050 � .
51806Q �
518Q90
siso90 i,�oa.00 _
518040 2,05D.00
slso�n �
521010 1,4(?�.00
521020 60Q.00
522030
522030
52i30� -
535046 3,0OO.OU
S35U20 2,400.00
53501fl
535030
537010
539220 •
53703Q
53343Q
53600
538210
534020 2,210.00
538Q60 1,200.00 -
532130
533010
531180 1,p110.00
539124
517U10 ,
541330
54] 370 9.740.00
� �sso,aoo.ao � . . .
CUMULATIVE�
TO DATE
BALANCE
24,840.00
i,6o�.ao
2,050.Oa
1,4Q0.00
6Q0.00
3,U00.00
2,400.00
2,214.Q�
1,200.00
1,OOO.UO '
9.7�O.OD
sso,00a.00
i
f'
! • .
J
�-
,11
�ulY -
C?r9a - �-
_ p,ug_Q'l 1-Sep oc
p�ivet�s - -
���r��mp��rr� ��ct�i��s �anPieie - —
omBS
� camplete - --
5�lect Prop� Y - -
�ete -- - �
comp -
�eq�esfi Envioro�m��tal evi -.
--- ---- �� ----
. , r���
�
I � - is -
Praje�t �'ime-►.�E e I - _
� _ • - _Ghdo Pro�ect -
,�- program'.
m�y jun
--
feb mar _ ���
n�ation: Lake Cama Area Couna�_- �av dec jan -- -
k�u�re Prop��Y
R'I�ns �_ �P�� �
pe�eEoP �isa! ,
Ob4ain APn�--
Select Builder �I 6uilder - -
�x�cute Cantract � .- . �---
� - '
c4i�n . --
Begin Constn� --
CamPlete Ca�s4N�tion - ` _ - _ �
�i�al Prope�ll Inspec�aan
�-
ancy --- -
Obtair C��iic�te af Occup -
--- - - -
Ftelease R�taina9� ' 1
� 3�i�s P4�$i'�ities . -- I
41�arketfig & �n��'ke
E�cecute Saie o# � op �l
Close on Sal�
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5�`
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,�
�
i
.� ' ;
EXHxBIT p
TNDEPENDENT AUDIT REOUIREMENT
�USINESS/AGENCSC NAME: , �
PROCxRAM: ..
AMOUNT FUNDED: $
Name o£ Independent Auditor who will perf'orm agency audit:
� (Tndepend�nt Auditor)
Date audiE is to perform: �
�
(Month and '�''ear}
The £ollowing language is a condition of yaur contract with the City:
"� aecordance wifh OMB Circt�lars A-128 and A-133,
for all cantrac�s in the amaunt o�$30�,000 or more,
Contractar must submit to Ciiy an a.nnual aud'zt o£ zts . ,
progratn aperatzons and finances, co�v�ring either its ,
fiscal year during which fihi.s contraci is in force or
� covering �lie period of �his cantrac�. '�'his audit must be
prepared by an independe�.t certif ed �putilic ac�nunfiaxzt �
and must b� submitted within th�ree �(31 �months af iis ,
comple#ion . Cos�s o£preparafion�of this audit may be
an allov�rable expendi�ure of federal funds in an amount
proportional to fhat of the federal funds used in
Coz�tr�actar's total agency operating budge�." -
Signahue •
0
Date
m
�
CONTRACT FOR CONSTRUCTION
EXHIEIT E
This C4NSTRUCTION CONTRACT ("Contract") is made b�tween,
{"��,vner"� ailC� �"Cantractor"�, flIl t�115
Day of , 200d for the purpose af constrti�cting ONE
sir�gle family drvelli�g �s) on a lot(s} provided hy the "O�vner" �vithin the Corporate
limits of �'ort Worth, TX ("Work"},
�The lot site address'is:. � �
*Its legai description is: �
'"Attach an Addendum for mu�tipie units constructed.
The "O�vner' Representa#ive" (as defin�d below) shall campensate the Contract�r a total
sLim af $ � , ' �� and nof 10[l.
Paym�nt shall be tnade in accordance with Article 9 of this Cantract.
The date of Commenc�ment shall be
exceed 120 Days ("Contract Time").
O�vner �►nd Contr�etor hereby zgree to the follarving:
; t�vith a Con�pletion date not to
TERII�IS AI�1D CO�NDXTIONS
. • � AYticle T� . . ,
GEN�RA� PROVISTONS`
1.1 TERMS USEfl IIY THE CONTRACT
. �._ ' `;?;;,,;:��:.��: ;:,.: _
- � -�.�_�%.. :�;;���:< .
1..I(�i). Tt�is Contract, the Infill Program and Specifications for Construction of Single ..
Family Homes as a xec�uirement of partieipating in the Czty af Fort Worth Infill Housing
�ragram represent the entire and integrated agreement betyveen the parties and are �
ta�ether raferred ta as "Contract I?ocuments". � �.
1..�(b}. The terin "Work" shall mea� the construc'tzan and services rer�uired including all
labor, materials, eqLiipment and ser�+ices provided by tlxe Cantractor tcr fulfil! the
Contractor's" obligations and responsibilities under the Contract Documents.
�..�,{c ). Tiie term Or�vner's Representative sha�l mean: the City of Fort Worth Housing
Department who provides administration oi the Contract as described in the Coniract
.
�
07178/00
Doauments. The Owner's Repxesentativ� will have the authority to act on behalf of the
Owner on.ly to the extent provided in the Contract Documents.
1.1.(d). This Contract may be amended or modified ONLY by a mutually agreed wr'rtten
inodi£'ication or in the form of a Change Order. A Change Ord�r sl�all be a written order
to the Contractar signed by the "Owner" ar Ovvn�r's Repres�ntative to cllange the Wor�,
Contract Sum or Co�atract Time. A change orcier is a part of this Contrac� and the
Cantract Documents.
1.1(e). The e�ubits and �ddendum's attached together with the change orders are a part
of this cantract and binding an all parties. Thase items include hut are not limited to,
Change Orders, Contractar's Applicatian and Certificat� for Payment, Cantractar's
Affidavit o£ Payment of Debts and Claims, and the Certiiicate of Substantial Campletzoix, .
Drawings, and other Specifications. ,
Ariicle �
RESPONSIBYLTT�ES OF TH� OWNER
�.1 1NFORMATI�N AND SERVXCES
�.1(a). If requested by the Cantractor, the Owner shall fiunish and pay far a survey and a
l�gal descripiion of the site�. ` -
. � . . . �•�.:.-.
2.1(�). Except far pertnits� aizd fe�s which are the responsibility of the Contractor under
the Contract Documents, the Owner shall obtain and pay £or necessaary appravals,
easements, assessments and charges:
2.2 �JWNER'S RIGHT TO ST�P WORK
If the Contractor fails to comply with the Contract terms, the Owner .or the Owner's
Representative may�direc# the Contractor in writing to stop the Work umil the correction.
is made. �
2.3 OWNER'S RiGHT TO CARRY OUT THE WORK �
If the. Contractor defaults or neglec#s to carry aut the "1�ork in accordance with the
Contract Docurnents and fails within faur�een days {1�4) �from the date of writt�n notice
from #l�e Owner or Owner's Representative to cure such default, the Owner or Owner's
Representative may, without prejudice to other remedies, cttre such defaults. In such
case, a Change Qrder shall be issued deducting the cost of correction'fram paynzents due
Contr�ctor. Tf the defauit is not reasonably st�sceptible to c�ire by Cai�tractor within the
faurteen {1�4} day period, Owner will not exercise th� ogtion to terminate this agreement
so lang as the Contractor has commenced to cure the default within tlie fotirteen {14) day
period and dilig�ntly complete the work within a reasanable time.
2 07rz8/0o
�.�.4 OWNER'S RIGHT TO PERFORM CONSTRi1CTION / AtiVARD SEPARATE CONTRACTS
2.4(�). • The Ow�er resenres the right to perform construction or operations related #o the
project �vith the Owr�er's own forces, ar�:d to award separate contracts in cannection with
other portions of the project.
2.4(b). The Owner shall require tlle Cvntractor to caardinate and cooperate with s�parate
contractors emplayed �y tha Owner.
�.4{c ). The Owner shall renuire #hat casts by delays or by im�roperly timed activities or
defective canstruction be barne by the party responsible therefor. �
2.5 If a defect occurs and if the Gontractor does not cure th� defect timely accnrding to
the contract provisions the Owner may enter into � separate contract with a third party ta
cure tl�eir defect. The contractor then shall tim�ly reimbt�rse the O�vner for tlie cast of
contr�cting with the third party �nd #he cost to cure tl�e defect.
Article 3 .
RESONSiBILITIES �F THE CONTRACTOT�
� 3.1 EXCCUTION O�' THE CONTRACT
Execution of the Contract iay the Contractor is a r�presentation that the Contractor has
visited t�7e site, became�f�miliar with laca! conditions �ii�der which the Work is to be
performed and correlated personal obser�atiaias with requirements of the Contract
Documents.
�.� REVIE'�V OF COti'TRAC'I' DOCUIVIEf�ITS Al�'D F1ELD CQNiliT10NS BY TI-IE COP[TRACTOR
Tl�.e Contractor sl�all carefully study and compare the Contract Documents with each
other and tivith information fur�nished by the Owner. Sefore commencing activities, the
Contractor sha11 (1) take field measuretnents and veri£y field conditions; (2} carefully
compar� this and other in�orma#ion known to the Contractar with the Contcact
Documents; and (3) promptly repart errors, inconsistencies or omissians discovered to
tlie Owner's Representative. �
3.3 SUPERVISiON AND CONSTRUCTION PROCEDURCS
3.3{a}, T�e "Contractar shall sup�rvise and direct tlze Work, using "Contractar's" best
slczll and att�ntion, Th� Contractor shall be solely responsible for and have contral over
canstruction means, methods, techniques, sec�t�ences and procedures, and £or coardinating
all partions of the V�Jork.
3.3(b). The Contractor, as soon as practicable aft�r award of tl�e Canfiract, shall fiirnish in
�vriting to the Own�r through �he Owr�er's Representative t1�e names of s�ibcontractors ar
suppliers for eacl� portion of the Work. The O�mer's Represe�Ztakive will promptly reply
3 07/28/00
to the Contractar in writing ii the "Owner" ar tlie Owner's Architect, after du�
ir�vestigation, has reasonable ohjection to the subcontractors or suppliers listed.
3.3(c ). The Contractor will comply with Minority/Woman Business Enterprise
(MIWBE} requarements as outlined in #he "Specifications %r Construction of Single
Family Homes". The �wner has a minimum goal of 4D% of th.e do1lar volume of the
coi7trac� far MWBE participation. �
3.3(ci}. The Contractor will comply with all local buildi�Zg codes , ardinances and #he
Model Ener�;y Code.
3.4 LABOR AND MATERIALS
Unless otherwise provided in tl�.e Contract Dacuments, the Contractor shall provide and ,
pay for labor, materials, ec�uipment, tools, utilities, transportat'ion, and other facilzties and ,
services necessary for proper executivn and completion of #he Wark. The Contractor �
shall deliver, handle,. store, and install materials in accordance with manufac#�irer's
ii�str��ctians. � "
3.5 WARRANTY �
Tlie Contractor warrants.ta the Owner and Owner's Representati�e that: (1) materials and
• ec�uipment fiirnished under the Contract will be new and of good quality unless
othe�•wise rec�Ljired or permittec� by the Cantract Documents; (2) the Work will be free
fi•orn defects not inherent in the qual�ty r�quired ar permitted; (3) the �1�Iork will conform
to the requirements of t13e Contract Dacuments ancl the Contractar shall provide a ten year
warraiity.
3.6 T�xEs
The Contractar shall pay sales, coilsumer, use and similar taxes that are Iegally required
when #he Conkract is ex�cuted.
3.7 INSURANCE
During the term of this contract and any �xtensian there of, contractor shall n�aintain an
insurance policy with the following coverage:
3.i (a} Commercial Gen�ral Liability Insurance of a minimum of,$1,OOO,QOfl.OQ per
occurrence. -
3.7 (b) Business Auto Liability Insurance af a minimum of $1,oaa,0�0.04 each accident.
3.7 (c) Stattttory Workers' Compensation Insl�rance including employer's liability.
3.7 (d) Builder's Risk Insurance to co�er the prope�ty ii�. tl�e course of'tlze projec� �against
fire, l�ail, theft, etc. of materials and incomplete canstruction).
3.7 (e) In addition, the Ciky of i'ort Wo�th and Fort Worth HotYsing Finance Corporation
shall he endorsed as an additianal insur�d on all insurance policies.
4 07/28/00
3.8 ' PERMiTS, FEES AND NOTICES �
3.8(a). Th� Contractor shall obtain and pay for tlie b��ildin� permit and other permits and
go�ernm�nt fees, iicenses and inspectians necessary for praper execution and completion
of tlie �Vork.
3.8(b). Tt�e Contractor s�all comply with the notices rec�uired by agencies having
jttrisdiction over tha Work. If the Contractor performs ti�vnrk knawing it to be contrary to
lativs, statutes, ordinances, building codes, and rules and regulations rv'ithout notice to the
Architect, Or,vner's Representative and Owner, the Contiactor sl�all assum� ful�
responsibility for such Work and shall bear the attrihLitable costs. The Cont�actor shall
promptiy notify the Archi�ectlOwner's Representative in �vri�ing af any known
inconsistancies in the Contract Documents �vith such �avernrnental Iaws, rules and
r�gL�lations. ' -
3.9 us� O� s[T� �
The Contrac�or shall confine operations at the site to areas permitted by law, ordinances,
permits, the Coatract Docum�nts and the Owner. �
3.X0. Sl1BM1TTALS
Tiae Contractor shall pramptly review, approve in writing �zzd submit to the Owner's
Repr�sentative Shop Drawings, Product Data, Samples, and simalar submittals required
by th� Contract Documents. Shop Drawings, Praduct Data, 5amples and �similar
subniittals are not a part of the Con�xact Documents.
3.11 CUTTING AND PATCHIIVG
The Contractor shall be responsible for cutting, frttiilg or patching rec�uired. to complete
the Work or to make its parts fit to�ether properly.
3.1.� CLEANiI�IG UP �
The Contractor shall keep �e premises and surrounding area f'ree frarn accumulation af
dehris and trash related to the Work.
3.I3 S�CTION 3 CLAUSE � �
Executive Order 11246 prahibits job discrimination on the basis of race, color, religion,
gender, or nationai origin and r�quires affirmative action #o assure eqi�ality of oppartur�ity
in all aspects of employment. The Contractor also agrees to the foilowing:
A. The wark to be performed tiinder this cantract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and
Urban Development and is subject to the reqLsiremetlts af Sectivn 3 of the Housing
and De�v�lopment Act of I968, as amended, 12 U.S.C. 170 Iu. Section. 3 requires that
to the greatest extent feasib�e apportunities for training and employrnent be given
lower income r�sidents of the project are� and contracts far rvork in connectian with
th� praject be awarded to business eoncerns which are Iacated in ar owvned in
sLibst�ntial part by persans xesiding in �he area of the project.
5 o�izs�oo
�B. The parties ta this contract will comply �vith provisioi�s of said Section 3 and tha
regulations issued purs�ant thereta by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the
Depax�tment issued thereunder prior to the execution oi this contract. The parties ta
this contract certify and agree that they are under no contractual or other disabilifiy
that wo«ld pre�ent them from complying tivith these requir�n�ents.
C. Contractor sliall send to each labor organizatio►� ar representative o� workers with �
whicli I1� has collective bargaztung agreeinent or other contract or understanding, zf �
any, a natice advising the said laUar organization or �vorkers' repr�senkative of his
ca�i�mimients under Section 3 claLise and shall post copies af the notice in
conspicuous places avaijable ta employees and applicants for employment or tr�ir�ing.
D. Contractor shall incltide this Section 3 clause iii every subcontract %r wQrk in
coni�ectioiz «rith the project and will, at tlie direction of tl�e applicant or the recipient �,
of Federal fiilar►cial assistanc�, take �ppropriate action pursuant to the subcontract
L1p011. c`t f�nding that the si�bcontracttir is in vialation of regulation� issued by the
Secretary of Housing and C.Frban Development 24 CFR 135. The Contractor wili not
st�bcontract with any stthcontractar rvhere ik has notice or krlowledge that the latter
�las been �ound in �ialatian of regulations �inder 24 CFR 1� 5 and w il� not lat any �
subcoxitract ui3less the subcont�ractor has first provided it with a preliminary statement
of ability to comply with the rec�tiiremenCs of tl�ese regulatio��s.
� E. Cotnpliance with tl7e�provisions of Section 3, the regttlations set £ortll in 24 CFR 135,
and all applicable ru�es and orders of ihe Departine�lt issued thereunder prior to the
execution of tl�e contract, sha11 be condition of the Federal assistance provided to the
project, binding upon the applicant or recipient for sttcli assistance, its siiccessors, and .
�ssigns. Failur� to fulf�ll tl�ese requirements shall s�ibject the� �pplicant or recipient,
its contractors and subcontractors, its slticcessors, and assigns to those s��ictians
specified by the grant or laan agreement or contract #hraugh vwhich Federai assistance
is provided, and to such sanctions as are specified by 2A� CFR 135. �
3.�.4 jND�MNIFICATION
Co��tractor covenants and agrees to a�ad does hereby indemilify, hold harmless �nd
defend, at its own expense, Owner's Represeutative, its officers, agents, serv�nts and
emp�ayees, from and against any and all claims or s��its for property loss or damage :
and/ar person�i injury, including death, to any and all p�rsons, of wl�atsoever kind or
character, wh�ther real or asserked, arising out of or iiz connectzon with, ciirectly or
indirectly, tiie worlc and services to be performed �iereunder by Contractor, its officers,
agents, emp�oyees, subcontractors, licensees or in�itees, ���hether or not eaused, in
fvhole or xn p�rt, by the alle�ed ne�ligence nf the O��kCC�'S� a�ents, servants,
employees, cantrnctors, subcontr�ctors, licensees �nc� invitees oi fhe O�vner's
Represent�tive; and �aid Contractar does hereby covena�lt and agree to assLime all
liability and responsibility of Owner's Represeiltative, its officers, ��ents, servants and
employees for any and ail claims or sLiits for property�loss or d�nzage and/or personal
injury, including death, to any and all persons, of whatsoever kind or character, whether
real or asserted, arising out af or in connection ��ith, directly or indirectly, the work an.d
services ta be performed hereunder by Contrlctor, its ofFicers, �gents, �mployees,
( �}T128/0D
�
subcontractors, licensees or invitees, wlnethex or not caused, in whole or in �arf, by the
alle�etl ne�ligence of the afficers, a�ents, servants, empIoyces, contractors,
subcontractors, licensees and invitees of the O�vner's Representative. Contractor
likewise covenants and agrees ta, and does ha�eby, indemnify and hald harmless Owner's
Representative fram and against any and al� injuries, damage, loss or destruction to
praperty of Owner's Representati�e during tl�e perfornlance of 'any of the terms anci
conditions af this Contract, �vhether arisin� out of or in eonnection �vith ar resultin�
fram, in �vhnle or in pnrt, any anti nIl �ile�;ed �cts or omissions officers, nyents,
scrvflnts, employees, contr�etors, subcontr�ctors, licensees, invitees of O`vner's
Representat'rve.
Article 4 y
OWNER'S REPR�SENTATIVE RESPONSIBILITIES
4.1 The O�vn�r's Representative will visit the site at intervals appropriate ta the stage of
construction to became generally famili�r with the progress and quality of the Work.
.4.2 The Owner's Representative will not have control over ar b� in charge af or be
respoiisible for construction means, i�lethods, tecllnie�t�es, seqitences or procedures, or for
• safety preclutions and programs in connection with the Worlc, since #hese are solely the
Contractar's responsibility. The Owner's Representati�ve will not be respansible for tlze
Caiztractor's failure to carry out the Work in accordance with the Contract Docume��ts.
4.3 The Owner's Representative wiil have th� autliori#y ta reject Work that does not.
conforin ia the Contract Documents. �
�.�4 The Owner's Representative's duties, responsibilities and limits o£ authority as
describes in the Contract Documents tivi11 not be clianged withnut wxitten consent of the
Owner. _
4.5 Based on the Owner's Representative's . abservations and evaluations of tl�e
Contractor's Application for Payment, the Owner's Representative will revie�v and
c�rtiiy the amounts due the Contractor. '
4.G The Owner's Repz'esentative will promptly review and approve or take appropriate
actions upon Contractor's subrnittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for eoi�formartce witll infarmation given and
the design concept expressed in the Contract Documents.
4.'� The Owner's Representative will prom�tly interpret and d�cide matters concerning
per�ormanc� under any rec�iiirements of the Contract Documents on �vritten request of
either the 4wner or Contractor. �
� OT128lOD
4.8 The Owner's Representative require additianal testing if necessary or minor change
order as provided in Section 6.3,
4.9 The Owner's Representative shall terminate the cantract upon written approval by
Owner.
4.],0 Interpretations and decisians of the Owner's Representative will be cansistent with
the intent of and reasonably inferable frorn the Contract Docunxents and �vill be in writing
or in the form of drawings. When making sttch interpretations and decisions, the
Own�r's Representative will endeavor to secti�re faithfi.�l performance by both Owizer and
Coiltractor, will not shaw partialify to eitl�er and ti�ill not be liable for results of
interpretations or decisions sa rendered in good faith.
�
Article 5 �
TESTING AND INSPECTIONS
�.1 Tests, inspections and approvals of portions of the Work required by tt�e Contract
Docuznents or by laws, ordinances, rules, regulatioiis or orders of ptiiblic ai�thozities
having jurisdiction slzall be made at an appropriate time. Tf tl�e Owner°s Repres�ntative
•rec�uizes additional testing, tl�e Contractor sha�l perform these�tests. ;
5.2 . Tl�e 4��i�.er �11a11 pay for additioi�.al tests except for testing Wark founci to bz
defective for which the Contractor shall pay. �
Article 6
CHANGES XN THE WORK
6.1 After execution of tiae Contract, chan�es in the Work may be accomplisl�ed by
Change Order or by order for a minor cl�ange in the Wark. The Owner, withoi�t
invalidating the Contract, may order changes in the Work witl�in general scope of the
Contract consisting of additions, deletions or ather re��isions, the Contrac� Surn and
Contract Time �eing adjusted accordingly. -
6.2 The O�vner's Represen.tative will ha�e the a�tharity to orc�er minor clianges in the
Work nat involving changes i�a the Contr�ct Sum or the Contract Tim� and inconsistent
�vith the intent of the Contract Dacuments. Sitch changes shall be written orders and
s1�all be binding on the Owner and Contractvr. The Gontractor shall carry o�.it such
tivritten arders promptly.
G.3 If concealed or iinknown physical conditians are encoti��tered at the site that differ
materially from those indicated in the Contract Doc�iments or fram those cai�ditions
ardin�rily found to exist, the Cantract Sum and Contract Time shall be s«bject to �
ec�uitable adjustment.
S o7/2s/Qo
Article i
CORR�CTYON OF WORK
i.1 Ti�e Contract�r sl�all promptly correc� Work rejected by the Qwner's Representative
�7�Cc�LIS� Of faLILIC� t0 COrifOTril t0 ti1B TeCj111Teri1erit5 flF tlle Contract Documents. SL�ch
failure constitutes a default and is subject ta th� provisions iia Section 2.3. The
Contractor shall bear the cost of correcting such rejected W�rk.
i.2 In additio�� to the Cantractar's other abligations including warranties under the
Contract, tiie Contr�ctor shall, far a period of ane year after Substankial Campletion, ,
correct ��ark not conforming ta the rec�uiremet�ts of the Cozztract Doc�iments.
�.3 If tl�e Contractor fails to cure th� default in accordanc� �vith Section 2.3, Owner may
cure it and the Contractor shall reirr�burse the Owizer for the cost of carrectian.
Article 8
TIME
$.1 Tin�e limits stated in the Contract Docume��ts �tre of the essence of the Contract.
$.� Tf th� work is delayed at any tima by change orders, lataor displites; firre, unusual
delay in deliveries, unavaidable casualties or other causes bey�nd the Contractor's
control, the Contract Time shall be extended by Change Order for such reasonable time
as the Owner's Representative may deterrnine.
Article 9
PAYMENTS AND COMPLETION
9.1 CdNTRACT SUM -
The ,Contract Sum stated in the Contract, including authorized adjustments, is the total
amount payable by the Owner �o the Contractor for performance o#' the Work Under the
Contract DocLunents. A i0% retainage will be reqtiired for all projects excaedina
$4000.00.
9.2 Ai'PLICATIOHS FOR PAYM�NT
9.�(a). At least ten (10} days before the date established for each progress payment, the
Contractor shall submit to the Or�vner's Representative an itemized "Application for
P�yment" for operations campleted in accardance with the values stated in the Cantract.
SLlCl1 application shall be st�pported by data substantiating the Contractor's" right ta
9 07/28/00
payment as the Owner or Owner's Representative may reasonably require and reflecting
retainage if provided far elsewhere in the Contract Documents. .
9,2(6). The Contractor warrants that title to alI Work cavered by an Application for
Payment will pass to t�e �Owner no later than the time of payment. The Contractor
further warrants that upon submittal of an Application far Payment, alI �ork for tivhich
Certificates for Payment have been previously issued and payments recei�ed from the
Owner shall, to th� best of the Contr�ctor's lcno�vledge, information and belief, be free
ai�d ciear of li�ns, claims, security interests or other encuiz�brances ad�erse ta the Owner's
interests. �
9.2(c). The Owner's Representative will, within seven d�ys a�ter receipt of the
Contractar's Application far Paymeiit, either issue to tl�e O�vnar a Rec�tresk for Payment, �
with a eopy to the Contractar, for such amount as the Owner's Represent�tiv� d�termines
is praperly due, or na�zfy #he Contractor and Owner in writii�g of the Or�vner's
Representative's reasons for wit�holding paynnent in part or in �vhole.
9.3 PROCR�SS 1'AYMENTS
9.3(a). After the Owner's Representativ� llas issued a Request for Payment, tl�e O�vner
- shall ilialce payrr�ent based an a Percentag� of Completion schedule provided to the
Owiler by the Contractor. This sclledul� rec�iiires Ii1LltLlal ag�eement evic�enced by
si�natures representin� "botl�" parties wIiich shall become a part of this Contract.
9.3(b}, Upon receipt af payment from the Owner the Contractor shail prornptly pay eacI�
subcontractors and rraaterial suppliers, out of the amount paid to the Contractor l�ased on
the work completed.
9.3(c}. Neither th� Owner or the Owner's Representative shail ha�ve the responsibility for
the pa�ment of money to subcontractors or material suppliers. �
9.3(d). A Request �ar 1'ayment, pragress payment, or pa�tia! or entire use or occupancy
of the project by the Owner shall not constztute acceptance .o� Wark performed if it is not
in �ccordarice with the r�quirrements of tl�e Contract Documents. -
9.4 FINAL COIWIPL�TION AND FINAL PAYMENT
9.�4(a). Upon receipt of a finai Application �ar Payment with ail requir�d documents, the
Owner's Re}�reser�tative r��ill inspect the Work. When the-Owner's Representative finds
the Work acceptabie and the Contract fully performed, the Otivner's Representativ� vvill
promptly issue a final Request for Paym�nt.
9.4{b}. Final paymenE shall not become dLte Lintii the Contractnr s�ibmits to the Otivl�er's
Representative reIeases and rvaivers Qf liens, and data establishing payment or
satisfaction of obli�ations, such as receipts, claims, sectiirity interests ar encumbrances
10 07/28I�0
�
arising out of the Cvntract and any ather documents, certificates, surveys or warranties
required by Contra�t Documents. �
�.4(c). Acceptance of final payment by the Contractor, a subcontractor or a material
supplier shall constitute a waiver of clAi�ns by that payee except those previot�sly made in
�vriting and identified hy that payee as unsett�ed at the time of final Appl�cation for
Payment. �
Article 10
SAFETY PRECAUTIONS AND PROGRAMS
14.1 The Contractor shall be respansible for initiating, maintaining, and supervising all
safety precautians and programs, including all those rec�t�ired by law in connection with � s.
perfornyance a�' the Contract. The Contractar sliall promptly remedy loss and dan3age to �
property causeti in whole or in part hy the Contractor, a subcontractor, anyane directly or
indirectl� employed by tTiem or anyane for whose acts they may be liable. -
�.rticle 11 �
TERMINATiON OI+' THE C�NTRACT
11..1 TERMINATION BY THE CONTRACTOR
If tlle 4��i1er fails to make paymeiYts wl�en due ar breaches ai�y other terms vi this
Contract, the Contractvr may terminate the Contract, upoii writt�n notice to the O�vner,
and recover from the �wner payment £or Work executed aiid for proven loss with respect
to materials, equipment, tools, constructian equipment and machiner}�, including
reasonable o�erliead, proiit and damages.
11.� TERMINATION BY THE OWNER
11.�(a}. The Owner or the Owner's Represent�tive upon writte�� consent from �wner,
may terminate the Contcact if �he Contractor:
1. consistently, persistently or repeatedly refuses or fails tv supply enough
' properly skilled workers' or proper materials; -
2. � fails to mal�e payments to subcontractors for rnaterials or labor in
accordance with the respective agreements between the Contractor and the
subcontractors; .
3. violates federal, state or lacal laws, ordiilasices, r�iles, regulations or orders
of a public authority having ,�urisdiction; ar
4. is otherwise in breach of a provision of the Contract Doctiments.
11.2(b). When any of the abo�e reasor�s exist, the Owner , after consultation �vith the
Qwner's Representati�e, may without prejudice to any other ridhts or remedies of the
Owi�er and after giving the Contractor and Contractor's stirety ,if any, �vritten notice,
terminate the employment of the Contractor and may;
11 07/28/00
�
1. take possession of the site and oi atl materials thEreon owned by the
Contractor; �
2. finish the Work by whatever reasanable means or method the Qwner may
dee�n expedient.
11.�(c }. When the Owner or Otivner's Representative terminates the Contract �'or one of
the reasons listed in 11.2(a), ihe Cantractor shall not be entitied to receive fitrther
payment until alI the Work is campleted and acceptecl. �
�.1.2(d}. If the unpaid balance of the Contract Sum exceeds casts to finish the Work, SLICil
exc�ss sl�all be paid to the Contractor. If such costs exceed the �inpaid balance, the
Contractor shall pay the difference ta tl�e Owner. This• o�ligation for p�yment shall
survive termination af the Contrac�, :,,.
Article �2
ASS�GNS
1.2.1 This Cantract may�not be assigned by either party.
m
Article 13
GOVERNING LAW
I3.1 This Contract shall be go�erned by and construed in accordance with the laws of the
State of Texas.
A�ticIe I4 .
PERFORMANCE 4F CONTRACT
�4.1. The obligations under tl�e terms of the contract are performabie in Tarran�t County,
Texas.
�A.rticle 15
VENU�
I.S.X The �arties hereto hereby consent tl7at venue of any action hrought under this
Cantract shall be in Tarrant County, Texas.
12 071�8100
Article 16
�EVERABILITY
16.1 If one or mor� of the �rovisions of this Contract is held invalid, unenforc�able or
ille�al in any respect, the rernainder of the Contract shall remain valid and in fiill force
and effect.
IN WTTNESS WHEREOF, the parties hereto have executed this Contract in �ort Worth,
Tarrant Cotmty, Texas, this day af ,A.D. 2aoa.
Owner
Contaractor Title
:
�
Ackna�vledged by:
For City of Fort Worth Hausin�
Departmen�.as Owner's Representative
13 07/28/00
�
ADDEI�I]U1VI #].
A minimum af five{�) inspections are rec�uired:
(1} FIRST �.tEQUIRED XNSPECTI�N
Founciation- No concrete shali be placed tivithaut the stee�, poly, plumbing and� beams
inspection. Af�er inspection is completad and tl�e slab is poured th� cantractor will
receive the first draw in the amount'of 1$% of the contract price.
(2} S�COND REQUTRED �NSPECT�ON
Framing- After tl�e l�ouse has been framed, decked, cornice installed, raofing aud sidii��
is co�pleted. The co��tractor will receive the second draw in th� anlount of I8% of the {�
contrac� pz�ice.
(3) T��YRD R.EQUTRED INSPECTION � '
An inspection is required a�ter the brick, windows, electrical rough-in, plumbing top-out,
hvac rough-in and the wall insula�ion is completed� prior to installation of drywall).
Contractar will receive the t�iird draw in the an�ount of 18°10 oi the contract price.
••(4) FOUR'�'� RE�UIRED YNSPCCTICIN �
Ai1 inspection is reqtured after the installation o� the clrytivall, tapei bed! texture, t�im-out,
ir�t�rior �nd exterior paint, floor coverings, cabznets and caunter tops and the - plumbing
trinz-out is completed. The contractor �vi11 receive tl�e foui�tl� draw in tl�e amount of 1S%
of the cvntract price.
(5) FIFTH REQCJIRED INSPECTION
Final inspection- All finish r��ork compl�ted. Drive and approach, grading, electrical,
l�vac, attic insulation and th� Building card has been compleiely signed off as beir�g
cornplete. The contractar will receive the fifth draw in the amount af 1 S% of the contract
price.
RETAINAG� �
The 10% retainage will }�e released after completion of tl�e pfinch list and insta�lation a�
the appliances.
Contractor shall give C)wner's representative a thrree {3) day not�ce to schedute the
tec�uired i��spectioils.
l4 07/28/00
ADDEI�DUM #2
Add to Arti�le 9 i'aragraph 9.3 Progress payment.
9.3 (e) CONSTRUC'CIOK DRAW 5
Progress payment shall coincide with the five (S) required inspections.
ADDENDCTIY� #3
PROF�RTY:
Tl» follot�vir�g items are to be included in the contract for cor�striictian:
Site pr�p ar�d dirt ��rork
Driveway. �
Curb cut
Approach �
Water and sewer lines from tap to house
2-10 Home Buyers Wacranty
��
15 07/28/Qp
�
REQUEST-FO�t ��ISPEC'X'�ON
Agency;
Paroperty Address:
Dxa�v #
D�te:
Construc�ion Contractor:
�
Contr�ctor's Address;
Amt. Requested:
HOME
CDBG
ExHrBZT F
g
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Housing:� I hereby agree th�t the tivork stated by Cl�a contractor has been
accamplisl�ed and zpprove p���ment ta the contractar in accordanee
tivith the a�reement, contingent upon inspec�ion. It is unders�ood
#Y��t the �c�tial amotint d�sb�irsed �vill�be based on the fndings ofth�t
insp�ction. I approve p�tyment in the �tmatint oF .
Housing Pragram Man�.ger Signatur�:
D�te:
=k��k�%k�=�F�k�Sk*�F�k�x#��k�k�k�k��k�k����F���%:��.k���+F�kr;e��x�r;enk*��ksk���:<�k��%i����k���k�X��k�k�fF�k%F`
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Inspection conc�uct�d by: I hereby eerti�y th�t all .
�vork is completed as indicated on the Contractor° s payment request.
Sign�ttuze:
Date:
���x�::���:���r������:�*���:���:�*��x�:��:�:���x�:�::���:�:x=F:��������� ;��x,��:���������
Amt.:
R�TAINAGE:
s
EXH�H�T G
PROGRAM S�RV�CES
MONTH RE�ORTING
FROM : . . • TO : . • • :
x . ACC�MP�,TSHMENTS PROG�tE55 PROGRESS �
GOALS THiS M�NTH T� DATE ,�LC]Q�ZSHID
�S. P.DDITx�NAL COMMENTS REGARDxNG ACCOM�LTSHMENTS THTS MONTHS:
x7�. PROSLEMS �NCOIINTERED AND SOI�UTIONS�PROPQSED:
x�7. ANTICXPATED ��T�V�T�ES DURTL�iG �IEXT M�NTH:
9
• A77ACHME�T i
CITX OF FORT i�VORTH
�IOUSZNG 7)�PA.RT'11�EN'�'
REQiJES'�` �O� FU�IDS _.
0
- -- Agency . Program Name: _. `
Contract Nurnber: Rcport Feriod: � '
Cantract Amount: �
Date oF Request:
++iF!';L v��' -s. �r, __ti v!r"t" � �r {'f•..M1'� T�}"-`w +--n�r �s-.•v... <a_s
Q �,�- yi. �•4'y.�.� .is- f� n s�S�c�EIC� 11��'AUL1�1.&:'"' � st?;"nr_-" i:�.,, �••,�,. T,....
�S�CTION 7.(AGEH, Y�_, ;"_'-��� ^ra� ��;s s�;..�w'�ti��.•;:�. �':. ` T . .w £ .� `�t�A��z...a;,:� �._ �Cumu�a�'ve L.• �_.,:��;�t,�,.,. .:..,:
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CASH �3ALAl`IC� ANALYS[S �'OR AAR •
1, Sc�inningC�slti ��tance �
2. Amouiit Rcceived: - -
� progr:�m incorrie
City af Fort �Vatth
lnterest £at'ned
3. Totnl Fuitids Av�►ilable (1 +2) .
�. .L.ess Eafpenditt�re (detail stateinenk cost)
'5. ENDING CASH �BALANCE �'�� " �� • " '(3-4} �'
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R ♦i �} !"� L' � 'Y '�,� .$'.l,P. ��i•' 'Y � .y'• �T1�4'.. �., :v �ni� �L� �
.!��. ' ±�1•..l�pera�in�'4L�`��it:4+i�Sh ��� `,�•�y��'y�.� �: L�*'; "�x�a��� ' i� Ir ^;I.�r.� •.1=' a1'L 4'�:y�,i;�'�r.=� r �j.:i'" '.
r5i �a.lwrt S � � i �� 5• �' wJ-�k" �a. � �+},t, �
.a_. .. .. .. ;.C.:.7 .,.. .,. �us.....=7.:�9w....3..,Er ..a�`'1..'i:f»�r.'fCF�����)- a::S..' '..s�::.:�..�.Ja��.,, •�s�«,+�s_u ��',L�.rti�h�.c..o-.,�:.�.` �.,,..�;.'.ic..�.i�� y,'�'t:.: :.-�' .�•..'w.. ,
6. Esti��lnted ��pe�ditures � �
.7, Funds Ne�dzd (G-5) � �
3. Less Estimated Program income S• - �
9. Unpaid Request for Payment Previously Sttbmitted 5� � •
1 U. Amount of This Rec�tiest (7-8 & 9) ,. � . � - . � , �
�'OT�iL�t�;IYIO�I�T��t�■�,/,��Srxy�:1�} !�� �� ;�-�. , �-�-j���•���b/��,��,��,,. ,� �- '��"��`'�4�• � 'J���' � .' �{�j�� ;���;. �=/�i"„-x'.:i`£3_=`.' _.',
i r� . 1 \� r]b `T S�JLi+yLwif 1-"F� _�y� .��� r�w��'i�!-1+�-�i� :�����.iM14'T� Yv�.a��'l���i�}' T.•+l.�vr;��}n`� .
SEC�►„iO,f��Ii�;(�L�'�{''�! �,... � � { � .�r:a:�"�,�.,' �"''"`,�,.';"°`�`. '.
4: v � ti ..t.�^-•:s/���, . .# ^ .�r:f .. � fi:'��'��.���"��'�T.��.��5�'e�C����`;�''�'� -�.'*.�ia..,����'_�:b='��'-:'s-
I. �MARS -1'circhlsin� Rec��sest . � � � � _�- •
A. MARS ItiPCIT: Ve�dorlPO Number/Requisition Number � �
8, Funcf/AccountlCenter ' • _
C. Tota1 Amour�t oi this Request ..� �
! � �' � • 1' '�'i7�,�.} � �'{G�=" ,T�[ .,'� .�'�y:.•� � ,�„�' �� g.�' #'f�- '�'�ij�'�' Y�:•: 'ba '.'�a y��t, �:2 � . +�,+' .
�+�+/�►�T !� r tT/ [ '�'fi s .-�i• � ,�' !;� a-!�`�Y''��'��.. � • �i t4,� �� if`w' l�':7� ;� �'��'§?x'-.'.'=-'-_ -�
!U [a' v' l i0l � 14 J� J.. y 3 � � ,y✓'4k}�Y�'��f'���Zii,�}r�`�3��1 L• /':Vf �.:�{a&.S~'+r� ''k n y f• 4,`o- "�: +-. s•�• •�- ii> '
, a..c,...,. ��:�..£:<�9� F��pyii.�:. sis'�r 't 4�,�'L�:F��r...w.`��la�iy:`,�'. "iv�,'��td�."�'f.ti� �...�y: ..-•._�. .
1. �Vcrificntian � � . `;
A. �ZARS- Purchnsing: � ' � � � � � �
� �imel '
B. Conkrnct Mtsi�rger:
C. Aeco�tnting:
2. Autl�orization
A, Agency:
B. {��ontt �C i3ut]det
Aciministrs�tor
Hausing Dircctor
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HOUSitiG DEPART�IE\T
1ti1r1T4AGE�IE�iT Ai�fA BTJDGE7 DIY15i0ii
DETAxL STATEMENT QF C4STS
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coxrR.,�ct � o. n.tt e
.�ce�cr�
TO
���cocn,+�i � R�ro�r B�Rioo
PR�GiLA1i i�iUi�i'►FLLI' CU11ULr�"Cl�"� -
� COST C.l'�EGQRS' ACCOii\T BUDCET E\PE�IDIT[1RES _ TO DAiE B�LahCE '�
�F�it50�AL SERYfCES
�s;t[;eri�:� 51601 Q •
I�ICA Si3010 � .
�[,il'� Inaur,tnca � � 5lSOSU
llcaldi in�ur.lnca Si8Qb0 ' .
�U�i�riipioym�nt-Fedarat S18090 . �
lJn�ittinloa'inent Tttm-5tat� 51 S49t1
� 1�l�cl;cr'x Comp � 5 l SU-40 . . , . �
ft�lirzn��n! . 5 I 5074
SUPPLf�S ' .
OtTict StEppli�s ' ' . . � 52i010 �
('o�tticc • 5?l0?0 • � � , -
j'E'�,1C�llkS� AI�� 5?��30 � .
j���,�,a sti���i��s � � . 52303D . � ' -
�(?tli�r OperatineSupplizs • 523300 �
C01"�f2:1C7`UAL SERYiCE5 �
���Ct�j]I1K111� . S3$O�O
Eilectric 535030 .
Gas (U�ilit�} � 53�010 . • .
11't�t�r'�Vgst:.• pisposll ' 535030 �
R�nt (Bu9lding? � ' 537Ql0 . � . �
�Custod�nl Sen�iczs • ' S3�???0
Otli�� 6c�uipm�nt Rznt11 53703Q
i'��intin� 533030
Ra�airs . • •_ �� . 53b40 • � � � '
�Fid�lit}• �3ond 5333I0
l.inUilit}� lnsuranca 5340?0
�l.eenl8 Accountin� 533060 . _ .
l'ri�•�itz A�+to Allon•nnce-Loc�! 53? l34
��d�•trtisiiti� 533010 .
Cnnf�re��ers g: Seininnrs 531 !34 �
Cantraetu�l Sarvic�s--Lnnd Acq. 539124
fndlrt�lCost • 517010 • �
�C�1P1'i'AL OIiTLAI'
�I•urni�ure,(�ixtures .� 5=Ll330 •
t�l'lic� L•quipnscnt S41370 • .
I�ra�?crt�� lnsurance .
'i'dTr�L ' ' '
5ti�b-Cotti�ratlo�s Ccrtifitt�tion: i r�r[i!}• that Ih� costs inct�rrc:d arc tal:en Crnm tlti� books e�'accoun�s �nd th�t such costs nrt valid
pnd consistai�t ��ith th� tcrms oCtltc ncrecme�t. �
:\:111E nncl TI"i'LE OF r�UTI-lORI'LED QFF{CER �- _ S[Gti�,TURE nnd D�TE -- •
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. ; , - �,ttachren i � � z
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ctTY oF FORT WORTH '
• fiOUSING ��PAFZThS�I�'i' • . -
' CO Kt"RA.CT MAr1AG F_f�ctEt�i' �MS l0 H -• '
EXPENDiTURES W�RKSHEk�` � �
- . � . . �r �,�soa
. .
, . oartrA.+cr e+o. a �.rs er �.�.sr
a�-r� c�-t�cicKo. �A� oEsc��riac� Accoc�Kr�o. � a�coc�c�r � .
. � .
I. ; . � : , . ._ . .. - � .- � . : ; -- � , ` . . . : ..
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� � �
� 707AL • ' -
I{'l�lE and TITLE OF ALffHORIZ.F.A o�FICER . . � SIGNATUR� and nAiE . ��,
� � -. •-- - .__ _ .. . --- - _.. ..__r .
Yd.�.+ :I�axsBcW
E'ua : �1
G^r�xy : l�+an.,-y ' •
L�.ca! f�+'si a'.Ci . .�.
C�t� o�f'���t �o�tl�, �c�x�s
����� �rr�d �����il �,���������o�
C�A'�'� 1��`��F��f�l�� CU1J�r7E3�'i� LC][: hl.4�'A� �AC�E
1 ���l�'1 �-1$7�� �5W�1V1� 1 �f �
�sU�J��T YEAR 20�� H��vl� ��h+�N�UNITY k�Ql��l�� D�1��LOPMEiVT OI���qNa�flTl��!
� FU�+JD�fV� FOf� ��FC� �b�+1� �F�E1� �c�Uh��IE_, kh��, ,—
f2E���+1 i�9 E h#{�AT I��V:
It �s r�camrr���ded thal t�e �it�r �o��c31.
i.�lutl�or�ze reailocataore af ��{]4,O��.f3Q in �Y�4�'I HOf1+1E �omm�xnil� �-Io�Es�nt� Dev�lopm�r�f
�rg�ni�atian �ur�ds �n orde� ��o cor�iract wi#� i�e L�ke �vmro �Ire� �a�ncil, I��,; and
2. A��rt��ri�e th� �ity f�rlanager to executa a con�ract naf to vx�eed � tatal �f $���,���.0� in �Y��Q'f
r-I��uIF ��m��u�tityr Hpusin� I�evelopm��t �rgani�alion f�rr�ds �rith �h� �,�ake ��mc� �At�ea �our��il,
€nc. ta p�ar�h���, re�abrlitate, �nci res�ll �xistin� I�ousirrg ��� the �aEce ��m� are�, �or�sisti�g �f:
a} �7 a�,�4�.�� ta pu��ha�e, r�habilktat�, a�d r�SE�lI tl�feB B�tiStifl� ��n�l�-��i'rlflj� �'6sld�i�C�� Iri th�
Lake �omo area; �t�d
b� �5�,��A.OQ In H�us�r�� ���p��� f��d� #o as��st the Lake �omo A�rea �o���il, Ir�c. witi� pa�rer�e�t
of a�er�tirtg costs; and
3. Aul��ori�e tl�e co��t�act �e�farma�noe ��riod to �egin on ti�e d�t� o� cantr��t ex����Eon a�d �nd
twelve mon##�� #h�re�fit�e; and
4. A+�thorkze exten�Fo� or ran�wal af t1�� cor�track for up to ane �+�ar, rf tl�e La�Ce �a�no Area �ou�i�il,
kr��. r��ues�� �n ex��r��i�n; ancl
�. �luthori�e the �ity h��r��g�r to �mend th� �ontra��, if ne�essary. #o acC�ic�ve pra��ct g�al� �rovi���
th�t �n �rner�drraenl is with�� �he sco�o of lhe �roje�:t �r�d in c:�rrf�liance �nrit� ap�al�cal�l� �a+us ar�c�
reg�lati�ns.
Dk��ll��I�N:
The k�1��+1� Inv�stmc�n� P�rtn�rshi� Progra�Y� i� int�r�de� to !�� a p�rknorshi� bt�tw�c�r� f��c���l, st�l�,
loc�l ��vernmeni, �nd non-prv�it an�i #or-proi'Ii a��n�ies th�t b�w]d, awn, m�nage, fir�ance, ar�d su��or�
Eow,ir�come ��u�pn� Inikiativ��.
To en�ure khis �arl'rc�p�ti�n, � Fnir�imun� 1���� of a parti�ipa#in� jurisd€cti�n's Wnrn� lnvestm�nt
F'ar#n�rsi�ip� Prograrn funcis 1r�usf �se rss�rv�d !o be usctl for �ommunliy F-kousing I�eveloprr7er�t
�rg�ni�atians ��H���}, �nd � ma��rr�um of 5�10 rna� b� ��t asi�� ta �u�rd �HI��� oper�tl�g ex�ens�s.
�h� �ak� ��mo Ar�a �oun�il, Inc, rs prop��inc� �a p�fr.E��s� lhre� vac�r�� r��u�as fn !he Lak� �orno
area to rehabllitate �nd ��kl to quaEified Ir�w-Mr�c�m�e hr�meb�a�ars. Th���� �rop�rti�s arc� cutr�nil}� ir�
s�bstand�rc� cor��il��� �r�d ar� a b�ig�t on th� c�m�uni#�. A�fter r�h�bikit�tlon, thes� p�a�er#k�s will be
add�d #o t�� n�igl�borho�d'� �fforciabl� hau��rrg �ta�4�, r�turnad to �h� ��x f�[�s, �nd w�ll Improve t�e
r�eigh#�orh�od'� ap��ara�ce.
C�f�y o_ f �'v��t ����`��, �`�x�r�s
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