HomeMy WebLinkAboutR-2015-036 Construction Contract with Yakima Habitat for HumanityRESOLUTION NO. R-2015-036
A RESOLUTION authorizing the City Manager to execute a construction contract with
Yakima Habitat for Humanity for the sum of $150,000 to purchase
Tots and construct four (4) single family homes to be sold to qualified
first time homeowners in the vicinity of N 2nd Street.
WHEREAS, the City of Yakima is a recipient of federal HOME funds from HUD,
which may be used, among other things, to provide land purchase and new construction
costs, and
WHEREAS, HUD requires construction contracts with Community Housing
Development Organizations (CHDO's) to construct single family homes using HOME
funds, and
WHEREAS, The City Council finds and determines that the proposal submitted
by Yakima Habitat for Humanity is for the benefit of qualified first time homeowners and
an eligible use of HUD HOME Investment funds, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council hereby authorizes the City Manager to sign a contract for the
amount of $150,000 to be paid to a certified Community Housing Development
Organization (CHDO) Yakima Habitat for Humanity to purchase lots and construct four
new single family homes to be sold to qualified first time homebuyers as approved by
HUD.
ADOPTED BY THE CITY COUNCIL this 17th day of March, 2015.
ATTEST:
Soriy6 Claar Tee, City Cle
Micah Cawl: , Mayor
AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
AND AWARDEE - HABITAT FOR HUMANITY
1. AWARDEE: Yakima Valley Partners Habitat for Humanity
2. Address: 21 W. Mead Ave. Ste 110, Yakima, WA. 98902
3. Phone: (509) 453-8077
4. Contact Person: Steve Luten ,
5. Title of Service or Program being funded: New Construction of four new single
family homes located at 1009, 1011, 1013 and 1015 N. 2"d Street.
6.
7. Amount of Contract Award: $150,000 (HOME) CFDA Contract # 14218
7. The term of this Contract shall commence upon the execution date of
Contractors' receipt of "Letter to Proceed" from City of Yakima Office or
Neighborhood Development Services and terminate on December 31, 2015 at
midnight, unless sooner terminated by either party in accordance with Section
XXII of Exhibit "A", attached hereto and incorporated herein by this reference.
8. This contract award and the rights and obligations of both parties hereto shall
be subject to and govemed by the following:
(a) "Terms and Conditions" attached hereto as Exhibit "A" and
incorporated herein by this reference; and
(b) Operating budget including the funding sources and uses
statement and the work plan, attached hereto as Exhibit "B" and incorporated
herein by this reference.
(c) City of Yakima Resolution No. R-2015- , a copy of
which is attached hereto as Exhibit "C" and incorporated herein by this
reference.
9. Final Contract payment shall be subject to satisfactory completion of the project
described in Exhibit "B", and satisfaction of all contract terms and conditions as
stated in Exhibit "A", Exhibit "B" and Exhibit "C".
This written document, together with all of the incorporated exhibits hereto, constitutes
the entire Contract and terms of agreement between the parties hereto.
IN WITNESS THEREOF the parties have executed this Contract as of the day and
year stated below.
CITY OF AKIMA
Ton
Date:
CRY CONTRACT NO;//,, (� ^l1 o S
RESOLUTION NO. 40 �-V
1 of 17
AWAR ' EE: Hai' at for Humanity
By:
Title: x�� ,e rec ' r
Date: 3/ cf/j '
City of Yakima 3/4/2015
Page 1
Joan Da
A
nport, CDD Director
Date: 3 -1 2---1
ATTEST
Sonya Ciaar Tee, City Clerk
City Contract No.:
EXHIBIT "A"
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TERMS AND CONDITIONS
WITNESSETH
WHEREAS, the CITY is the recipient of HOME Investment Partnerships Program
Funds from the U.S. Department of Housing and Urban Development (HUD), including
funds that are reserved forthe use of Community Housing Development Organizations
(CHDOs); and
WHEREAS, the AWARDEE has been certified with the CITY as a CHDO, and has
submitted a proposal for use of CHDO funds for a CHDO-eligible project under HOME
regulations;
NOW, THEREFORE in consideration of the mutual covenants and obligations herein
contained, including the Attachments, and subject to the terms and conditions
hereinafter stated, the parties hereto understand and agree as follows:
Section I — Definitions
A. AGENCY — is hereby defined as the Office of Neighborhood Development Services,
the HOMEProgram administering agency of the City of Yakima. For the purpose of this
Agreement and all administration of HOME funds, the AGENCY shall act on behalf of
the CITY in the execution and fiscal and programmatic control of this agreement. The
term "Approval by the CITY" or like term used in this Agreement shall in no way relieve
the AWARDEE from any duties or responsibilities under the terms of this Agreement,
or obligation State or local taw or regulation.
B. FEE — is hereby defined as the amount of money the CITY agrees to pay and the
AWARDEE agrees to accept as payment in full for all the professional, technical and
construction services rendered pursuant to this Agreement to complete the WORK as
further defined in Section III -SCOPE OF WORK, hereof.
C. WORK — is hereby defined as all the professional, technical and construction
services to berendered or provided by the AWARDEE as described here.
D. PROJECT — is defined in Section IV below.
E. HOME — is hereby defined as the HOME Investment Partnerships Program as
described in 24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 -
12839.
Section II — Term
The AWARDEE expressly agrees to complete all work required by this agreement in
accordancewith the timetable set forth.
Milestone Deadline
Project Start Date.Date of signature.
Interim Milestones/Deadlines (list below):
Project Completion Date; December 31 2016
In addition, this project is subject to ongoing compliance requirements of HOME for
Ten (10) yearsfrom the date of initial occupancy. During this compliance period, the
AWARDEE will assure continuedcompliance with HOME requirements. For homebuyer
units this includes monitoring units for principal residency and recapture of funds at
time of resale. For rental units, this includes ongoing property standards, occupancy
and rent limits compliance. Timely completion of the work specified in this agreement is
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an integral and essential part of performance. The expenditure of HOME funds is
subject to Federal deadlines and could result in the Toss of the Federal funds. By the
acceptance and execution of this agreement, it is understood and agreed by the
AWARDEE that the PROJECT will be completed as expeditiously as possible and that
the AWARDEE will make every effort to ensure that the project will proceed and will not
be delayed. Failure to meet these deadlines can result in cancellation of this contract
and the revocation of HOME funds. Since it is mutually agreed that time is of the
essence as regards this agreement, the AWARDEE shall cause appropriate provisions
to be inserted in all contracts or subcontracts relative to the work tasks required by this
agreement, in order to ensure that the PROJECT will be completed according to the
timetable set forth. It is intended that such provisions inserted in any subcontracts be,
to the fullest extent permitted by law and equity, binding for the benefit of the CITY and
enforceable by the CITY against the AWARDEE and its successors and assigns to the
project or any part thereof or any interest therein.
In the event the AWARDEE is unable to meet the above schedule or complete the
above services because of delays resulting from Acts of God, untimely review and
approval by the CITY and other governmental authorities having jurisdiction over the
PROJECT, or other delays that are not causedby the AWARDEE, the CITY shall grant
a reasonable extension of time for completion of the WORK. It shall be the
responsibility of the AWARDEE to notify the CITY promptly in writing whenever a delay
is anticipated or experienced, and to inform the CITY of all facts and details related to
the delay.
Section 111— Scope of Work
The AWARDEE, in close coordination with the CITY, shall perform all professional
services (the 'WORK") necessary to complete the development and occupancy of the
following project in fullcompliance w Exhibit "B"project description, including HOME -
assisted units description & compliance tern)
It is understood that the AWARDEE will provide a specific working budget and realistic
timetable as relates to: acquisition, construction/rehabilitation, soft costs, development
fees and other allowable costs/activities prior to any fund usage. Said budget shall
identify all sources and uses of funds, and allocate HOME and non -HOME funds to
activities or line items. The aforementioned Work tasks will be performed in essentially
the manner proposed in the AWARDEE's proposal as received by the AGENCY
on 11/18/2014. The aforementioned document will be considered to be a part and
portion of this agreement for reference.
Section IV — Reimbursement of Expenses & Developer Fees
A. GENERAL.
Project expenses (excluding developer fee) shall be paid based on vouchers for
actual expenses incurred or paid. Requests for payment must be submitted by
the AWARDEE on forms specified by the CITY, with adequate and proper
documentation of eligible costs incurred in compliance with 92.206 and
necessary for HUD IDIS disbursement requirements. All such expenses shall be
in conformance to the approved project budget. Budget revision and approval
shall be required prior to payment of any expenses not conforming to the
approved project budget.
The City reserves the right to hold payment until adequate documentation has
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been provided by the Contractor and reviewed by the City. The Contractor
agrees to the following provisions in satisfying the terms and conditions of this
contract:
B. PAYMENT AND DISBURSEMENTS:
Disbursements by the City of Yakima from this contract/grant award shall be on
a reimbursement basis covering actual expenditures by the Contractor or
obligations of the Contractor currently due and owing, but not paid.
Disbursements shall be limited to allowable costs and so shall be made upon
the occurrence of all the following, in addition to any other conditions contained
herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement
request on forms provided by the City of Yakima ONDS
supported by copies of vouchers, invoices, salary and wage
summaries, or other acceptable documentation; and
2. Determination by the City of Yakima ONDS that the expenditures
or obligations for which reimbursement is sought constitute
allowable costs under the principles set forth in Federal
Management Circular 74-4 "eligible costs under the CDBG
Program" and that also fall within the applicable Project Budget.
The Contractor shall submit monthly written claims for reimbursement of
services performed under this Agreement.
C. No payment shall be made for any service rendered by the Contractor except
for services within the scope of a category set forth in the budget in Exhibit "B"
of this Contract, and all funds received must be used for service as identified in
Exhibit "B" of this Contract.
D. 1. The Contractor shall submit to the City of Yakima ONDS a written
request for approval of budget revision when a proposed revision would result
in an increase or decrease of ten percent (10%) or more per home, from what
has been set forth in the approved budget subject category. The City's written
budget revision approval must be received by the Contractor prior to the
Contractor incurring any expenditures against the revised budget subject
categories.
2. When the revision of the Contractor budget does not exceed ten percent
(10%) of an approved budget subject category, the Contractor must submit a
revised budget to the City of Yakima ONDS prior to the submittal of claims
against the budget.
E. CITY reserves the right to inspect records and project sites to determine that
reimbursement and compensation requests are reasonable. The CITY also
reserves the right to hold payment until adequate documentation has been
provided and reviewed.
F. AWARDEE may submit a final invoice upon completion. Final payment shall be
made afterthe CITY has determined that all services have been rendered, files
and documentation delivered, and units have been placed in service in full
compliance with HOME regulations, including submission of a completion report
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and documentation of eligible occupancy, property standards and long-term use
restrictions.
G. CITY shall have the right to review and audit all records of the AWARDEE
pertaining to any payment by the CITY. Said records shall be maintained for a
period of five years aftercompletion.
Section V — Project Requirements
The AWARDEE agrees to comply with all requirements of the HOME Program as
stated in 24 CFRPart 92, including but not limited to the following.
A. No HOME project funds will be advanced, and no costs can be incurred, until the
City has conducted an environmental review of the proposed project site as required
under 24 CFR Part 58. The environmental review may result in a decision to proceed
with, modify or cancel theproject. Notwithstanding any provision of this Agreement, the
parties hereto agree and acknowledge that this Agreement does not constitute a
commitment of funds or site approval, and that such commitment of funds or approval
may occur only upon satisfactory completion of environmental review and receipt by
the CITY of a release of funds from the U.S. Department of Housing and Urban
Development [or the State of Washington) under 24 CFR Part §58. Further, the
AWARDEE will not undertake or commit any funds to physical or choice -limiting
actions, including property acquisition, demolition, movement, rehabilitation,
conversion, repair or construction prior to the environmental clearance, and must
indicate that the violation of this provision may result in the denial of any funds under
the agreement.
B. Any HOME funds advanced to the PROJECT will be secured by a note and
mortgage, and inthe case of a rental project, a deed covenant as required by 24 CFR
Part 92.
C. The AWARDEE will ensure that any expenditure of HOME funds will be in
compliance with the requirements at 92.206, and acknowledges that HOME funds will
only be provided as reimbursement for eligible costs incurred, including actual
expenditures or invoices for work completed.
D. If the project is to be owner -occupied, the AWARDEE will ensure that all HOME
assisted unitswill be in compliance with 24 CFR 92.254, including documenting that the
property is eligible under 92.254(a)(1) — (2), and will maintain compliance during the
minimum compliance period. (If the property also contains a rental unit assisted with
HOME funds, the AWARDEE will ensure that occupancy complies with the
requirements of 92.254(a)(6).) If the project is to be a rental, the AWARDEE will ensure
that that project is eligible under 92.214, and that it will meet the applicable standards
of 24 CFR 92.252 253 at occupancy and for the minimum compliance period.
E. The designated HOME -assisted units of this PROJECT will meet the affordability
requirements as found in 24 CFR 92.252 (rental) or 92.254 (owner -occupied) as
applicable. The AWARDEE shall collect and maintain Project beneficiary information
pertaining to household size, income levels, racial characteristics, and the presence of
Female Headed Households in order to determine tow and moderate -income benefit in
a cumulative and individual manner. Income documentation shall be in a form
consistent with HOME requirements as stated in the HUD Technical Guide for
Determining Income and Allowances Under the HOMEProgram.
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F. In the selection of occupants for PROJECT units, the AWARDEE shall comply with
all nondiscrimination requirements of 24 CFR 92.350. If the project consists of 5 or
more units, the AWARDEE will implement affirmative marketing procedures as required
by 24 CFR 92.351. Such procedures are subject to approval of the AGENCY.
G. If the PROJECT is occupied at the time of this commitment, the AWARDEE will
comply with the relocation requirements of 24 CFR 92.353.
H. AWARDEE shall assure compliance with 24 CFR 92.251 as relates to Property
Standards and Housing Quality Standards (HQS), Accessibility Standards under 24
CFR 92.251(a)(3) as applicable, and Lead Based Paint Requirements as found in 24
CFR 92.355 and 24 CFR Part 35.
I. If the PROJECT is to be owner -occupied, the AWARDEE shall assure that any
NOTES and MORTGAGES recorded for homebuyers shall be in compliance with 24
CFR 92.254 and that the AWARDEE will monitor each unit for principal residency
(under 92.254(a)(3)) and resale/recapture (under 92.254 (a)(4) — (5)).
J. AWARDEE will provide any documentation required by the AGENCY regarding
match as may be required to document match for purposes of the HOME program.
K. If any project under this agreement involves the construction or rehabilitation of 12
or more HOME -assisted units, the AWARDEE shall comply with the provisions of the
Davis -Bacon Act (40 U.S.C. 276 a to a - 7) as supplemented by AGENCY of Labor
regulations (29 CFR, Part 5),as amended.
L. If the property is sold through a lease -purchase agreement, the AWARDEE will
ensure compliance with 92.254(a)(7), as modified by the 1999 Appropriations Act,
Section 599B.
M. AWARDEE will be monitored by the AGENCY for compliance with the regulations of
24 CFR 92 for the compliance period specified above. The AWARDEE will provide
reports andaccess to project files as requested by the AGENCY during the PROJECT
and for Five (5) yearsafter completion and closeout of the AGREEMENT.
Section VI — Repayment of Loan
A. All HOME funds are subject to repayment in the event the PROJECT does not meet
the ProjectRequirements as outlined above.
B. It is understood that upon the completion of the PROJECT, any HOME funds
reserved but notexpended under this agreement will revert to the CITY.
C. If the PROJECT is for owner -occupancy, the AWARDEE shall lend the HOME
funds to the individual buyers in an amount sufficient to make the purchase affordable.
Any HOME funds that reduce the price of the property below the fair market value of
the property shall be secured by a HOME note and mortgage as required in
92.254(a)(5)(ii), using the note and mortgage prescribed or approved by the AGENCY
(and consistent with the method of recapture identified in the CITY's "Consolidated
Plan"). All net sales proceeds from the sale of units are considered to be CDHO
proceeds that may be retained by the AWARDEE and used in conformance with 24
CFR 92.300(a)(2), to be retained by the CDHO and used to further affordable housing
for qualified first time home buyers within the City of Yakima.
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Section VII — CHDO Provisions
It is understood that the AWARDEE has certified that it is and will maintain CHDO
(Community Housing Development Organization) status for the term of the
PROJECT/AGREEMENT in accordance with 24 CFR 92. The AWARDEE agrees to
provide information as may be requested by the AGENCY to document its continued
compliance, including but not limited to an annual board roster and certification of
continued compliance. Any funds advanced as CHDO pre -development funds must be
in compliance with 92.301, and are forgivable only under the terms in 92.301.
Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in
compliance with 24 CFR 92.208. Any funds that the CHDO is permitted to retain as
CHDO proceeds from this project shall be used in compliance with 24 CFR
92.300(a)(2) or as specified in this Agreement. If the project is rental, the AWARDEE
will create and follow a tenant participation plan as required in 24 CFR 92.303.
Section VIII — Procurement Standards
The AWARDEE shall establish procurement procedures to ensure that materials and
services are obtained in a cost-effective manner. When procuring for services to be
provided under this agreement, the AWARDEE shall comply at a minimum with the
nonprofit procurement standards at 24 CFR 84.40 - .48.
In addition, the following requirements are imposed on any procurement under this
PROJECT:
Any personal property having a useful life of more than one year and purchased wholly
or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per
item, shall upon its purchase or receipt become the property of the City of Yakima
and/or federal govemment. Final ownership and disposition of such property shall be
determined under the provisions of Attachment N of OMB, A-102. The Contractor shall
be responsible for all such property, including its care and maintenance, and shall
comply with the following procedural requirements:
1. Property records shall be maintained accurately and provide for: A
description of the property; manufacturer's serial number or other
identification number; acquisition date and cost; source of the property;
percentage of HOME funds used in the purchase of property; location,
use, and condition of the property.
2. A physical inventory of property shall be taken and the results reconciled
with the property records at least once every two years to verify the
existence, current utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate safeguards to
prevent lose, damage, or theft to the property. Any loss, damage, or
theft of the property shall be investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the
property in good condition.
5. If the Contractor elects to capitalize and depreciate such nonexpendable
personal property in lieu of claiming the acquisition cost as a direct item
of cost, title to such property shall remain with the Contractor. An
election to capitalize and depreciate or claim acquisition cost as a direct
item of cost shall be irrevocable.
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6. Nonexpendable personal property purchased by the Contractor under
the terms of this Contract, in which title is vested in the City of Yakima or
Federal Govemment shall not be rented, loaned, or otherwise passed to
any person, partnership, corporation, association or organization without
the prior express approval of the City of Yakima ONDS.
7. Any nonexpendable personal property fumished to, or purchased by, the
Contractor, title to which is vested in the City of Yakima ONDS or federal
government shall, unless otherwise provided herein or approved by the
Contracting Officer, be used only for the performance of activities
defined in this Contract.
8. As a condition prerequisite to reimbursement for the purchase of
nonexpendable personal property, title to which shall vest in the City of
Yakima ONDS or federal government, the Contractor agrees to execute
such security agreements and other documents as shall be necessary
for the City of Yakima ONDS or federal govemment to perfect its interest
in such property in accordance with the "Uniform Commercial Code -
Secured Transactions" as codified in Article 9A of RCW Chapter 62A.
9. The Contractor shall be responsible for any Toss or damage to the
property of the City of Yakima ONDS or federal government (including
expenses entered thereunto) which results from negligence, willful
misconduct, or lack of good faith on the part of the Contractor to
maintain and administer in accordance with sound management
practices that property, to ensure that the property will be returned to the
City of Yakima ONDS or federal govemment in like condition to that in
which condition the property was acquired by purchase, fair wear and
tear accepted.
In addition, it is understood that any AWARDEE that can be considered to be a
religious organization shallabide by all portions of 24 CFR 92.257.
Section IX — Conflict of Interest Provisions
The AWARDEE warrants and covenants that it presently has no interest and shall not
acquire anyinterest, directly or indirectly, which could conflict in any manner or degree
with the performance of its services hereunder. The AWARDEE further warrants and
covenants that in the performanceof this contract, no person having such interest shall
be employed. HOME conflict of interest provisions, as stated in 92.356, apply to the
award of any contracts under the agreement and the selection of tenant households to
occupy HOME -assisted units. No employee, agent, consultant, elected official, or
appointed official of the AWARDEE may obtain a financial interest or unit benefits from
a HOME -assisted activity, either for themselves or those with whom they have family or
business ties, during their tenure or for one year thereafter. This prohibition includes
the following:
Any interest in any contract, subcontract or agreement with respect to a HOME -
assisted project or program administered by the AWARDEE, or the proceeds
thereunder, or
Any unit benefits or financial assistance associated with HOME projects or
programs administered by the AWARDEE, including:
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Occupancy of a rental housing unit in a HOME -assisted rental project;
Receipt of HOME tenant -based rental assistance;
Purchase or occupancy of a homebuyer unit in a HOME -assisted
project;
Receipt of HOME homebuyer acquisition assistance; or
Receipt of HOME owner -occupied rehabilitation assistance.
This prohibition does not apply to an employee or agent of the AWARDEE who
occupies a HOME assisted unit as the on-site project manager or maintenance worker.
In addition, no member of Congress of the United States, official or employee of HUD,
or official or employee of the Participating Jurisdiction shall be permitted to receive or
share any financial or unit benefits arising from the HOME -assisted project or program.
Prior to the implementation of the HOME -assisted activity, exceptions to these
provisions may be requested by the AWARDEE in writing to the Participating
Jurisdiction. The AWARDEE must demonstrate and certify that the policies and
procedures adopted for the activity will ensure fair treatment of all parties, and that the
covered persons referenced in this policy will have no inside information or undue
influence regarding the award of contracts or benefits of the HOME assistance. The
Jurisdiction may grant exceptions or forward the requests to HUD as permitted by24
CFR 92.356, 85.36 and 84.42, as they apply.
Section X — City Responsibilities
CITY shall furnish the AWARDEE with the following services and information from
existing CITY records and CITY files:
A. CITY shall provide to the AWARDEE information regarding its requirements for the
PROJECT.
8. CITY will provide the AWARDEE with any changes in HOME regulations or program
limits that affect the project, including but not limited to income limits, property value
limits and rent Limits.
C. CITY will conduct progress inspections of work completed to protect its interests as
lender and regulatory authority for the project, and will provide information to the
AWARDEE regarding any progress inspections or monitoring to assist it in ensuring
compliance. CITY's review and approval of the WORK will relate only to overall
compliance with the general requirements of this Agreement and HOME regulations,
and all CITY regulations and ordinances. Nothing contained herein shall relieve the
AWARDEE of any responsibility as provided under this Agreement.
Section XI — Equal Employment Opportunity
During the performance of this contract, the AWARDEE agrees as follows:
A. AWARDEE will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin(s). The AWARDEE will take
affirmative action to ensure the applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex or national
origin(s). Such action shall include, but not be limited to, the following: employment,
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upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The AWARDEE agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer of the CITY setting forth the provisions of this nondiscrimination
clause.
B. AWARDEE will, in all solicitations or advertisements for employees placed by or on
behalfof the AWARDEE, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
C. AWARDEE will send to each labor union or representative of workers with which he
has acollective bargaining agreement or other contract or understanding, a notice to be
provided by the CITY's contracting officer, advising the labor union or worker's
representative of the AWARDEE's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
D. AWARDEE will comply with all provisions of Executive Order 11246 of September
24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
E. AWARDEE will furnish all information and reports required by Executive Order
11248 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to its books, records,
and accounts by the AGENCY and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and order.
F. In the event the AWARDEE is found to be in noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole or in part and
the AWARDEE may be declared ineligible for further Govemment contracts in
accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the
Secretary of Labor or as otherwise provided by law.
G. AWARDEE will include the provisions of paragraphs (a) through (g) of this
agreement in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The AWARDEE will take such action with respect
to any subcontract or purchase order as the AGENCY may direct as a means of
enforcing such provisions, including sanctions for noncompliance; provided, however,
that in the event the AWARDEE becomes involved in, or is threatened with litigation
with a subcontractor or vendor as a result of such direction by the AGENCY, the
AWARDEE may request the United States to enter into such litigation to protect the
interest of the United States.
Section XII — Labor, Training & Business Opportunity
AWARDEE agrees to comply with the federal regulations goveming training,
employment andbusiness opportunities as follows:
A. It is agreed that the WORK to be performed under this agreement is on a project
assisted under a program providing direct Federal financial assistance from the US
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Department of Housing and Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 u, as well as any and all applicable amendments thereto. Section 3 requires that,
to the greatest extent feasible, opportunities for training and employment be given low
and moderate income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the project area.
B. AWARDEE shall comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development set forth
in 24 Code of Federal Regulations and all applicable rules and orders of the AGENCY
of Housing and Urban Development issued thereunder as well as any and all
applicable amendments thereto prior to the execution of this contract as well as during
the term of this contract. The AWARDEE certifies and agrees that it is under no
contractual or other disability, which would prevent it from complying with these
requirements as well as any and all applicable amendments thereto.
C. AWARDEE will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the CITY, take appropriate action
pursuant to the subcontractor upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, in 24 Code of
Federal Regulations. The AWARDEE will not subcontract with any subcontractor where
it has notice or knowledge that the latter has been found in violation of regulations
under 24 code of Federal Regulations and will not let any subcontract unless the
subcontractor has first provided it with a preliminary statement of ability to comply with
these requirements as well as with any and all applicable amendments thereto.
D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of
Federal Regulations and alt applicable rules and orders of the AGENCY of Housing
and Urban Development issued thereunder prior to the execution of the contract shall
be a condition precedent to federal financial assistance being provided to the
PROJECT as well as a continuing condition, binding upon the applicant or recipient for
such assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the AWARDEE or recipient, its contractors and subcontractors, its successors,
and assigns to those sanctions specified by 24 Code of Federal Regulations as well as
with any and all applicable amendments thereto.
Section XIII — Compliance with Federal, State & Local Laws
A. GENERAL. The AWARDEE covenants and warrants that it will comply with
all applicable laws, ordinances, codes, rules and regulations of the state local and
federal governments, and all amendments thereto, including, but not limited to; Title 8
of the Civil Rights Act of 1968 PL.90-284; Executive Order 11063 on Equal Opportunity
and Housing Section 3 of the Housing and Urban Development Act of 968; Housing
and Community Development Act of 1974, as well as all requirements set forth in 24
CFR 92 of the HOME INVESTMENT PARTNERSHIP PROGRAM. The AWARDEE
covenants and warrants that it will indemnify and hold the City forever free and
harmless with respect to any and all damages whether directly or indirectly arising out
of the provisions and maintenance of this contract. AWARDEE agrees to comply with
all applicable standards, orders, or requirements issued under section 306 of the Clean
Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR
part 15). AWARDEE further warrants and agrees to include or cause to be included the
criteria and requirements of this section in every non-exempt subcontract in excess of
$100,000. AWARDEE also agrees to take such action as the federal, state or local
12 017 City of Yakima 3/4/2015 Page 12
govemment may direct to enforce aforesaid provisions.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT
REQUIREMENTS.
The following federal provisions may apply, among others, to this Contract
1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR
INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER
TIER COVERED TRANSACTIONS
(a) AWARDEE, defined as the primary participant and it principals,
certifies by signing these General Terms and Conditions that to
the best of its knowledge and belief that they:
(b) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency.
(c) Have not within a three-year period preceding this Agreement,
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust
statutes or commission of embezzlement, theft,forgery, bribery,
falsification or destruction of records, making false statements,
tax evasion, receiving stolen property, making false claims, or
obstruction of justice;
(d) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph
(1)(b) of this section; and
(i) Have not within a three-year period preceding the signing
of this Agreement had one or more public transactions (Federal,
State, or local) terminated for cause of default.
(i1) Where the AWARDEE is unable to certify to any of the
statements in this Agreement, the AWARDEE shall attach an
explanation to this Agreement.
(iii) The AWARDEE agrees by signing this Agreement that it
shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered
transaction.
(iv) The AWARDEE further agrees by signing this Agreement
that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction," as follows, without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
13 of 17 City of Yakima 3/4/2015 Page 13
(e) LOWER TIER COVERED TRANSACTIONS
(i) Each lower tier contractor certifies, by signing this
Agreement that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any
Federal department or agency.
(ii) Where the lower tier contractor is unable to certify to any
of the statements in this Agreement, such contractor shall
attach an explanation to this Agreement
2. Office of Federal Contract Compliance Programs regulations, 41 CFR
Part 60, Executive Order 11246 as amended by Executive Order 12086, and 24
CFR 570.601 (Discrimination prohibited).
3. The Lead Based Paint Poisoning Prevention Act, 42 USC Section 4831
et seq., and HUD regulations implementing the Act, 24 CFR Part 35, where,
residential structures are involved. The Contractor shall provide whatever
assistance is necessary to enable the City of Yakima's Building Official to carry
out its inspection and certification responsibility under those regulations.
4. Historic and Archaeological Preservation requirements as set forth in 24
CFR Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American
Burial Law), RCW 27.53.010-.090 (Protection of Archaeological Resources),
and RCW 43.51.750-.820 (Preservation of Historic Properties).
5. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et
seq., implementing regulations, and Chapter 70.92 RCW.
6. Accessibility Standard as set forth in 92.251(a)(3).
7. Clean Air Act as amended, 42 USC Section 1857 et weq; Water Pollution
Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental
Protection Agency regulations, 40 CFR Part 15.
8. Section 3 of the Housing and Urban Development Act of 1968 (12 USC
Section 1701u) and 24 CFR Part 135 (Employment opportunities for project
area businesses and low income persons).
9. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-
333, (Overtime Compensation).
10. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and
RCW Chapter 3--12 (Prevailing Wage Rates).
11. Attachment 0 of the Office of management and Budget Circular, A-102
(Procurement Standards) and Federal Management Circular, FMC 74-4.
12. The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, and regulations contained in 24 CFR Parts
42 and 570.
14 of 17 City of Yakima 3/4/2015 Page 14
13. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and
HUD regulations with respect thereto including the regulations under 24 CFR
Part 1. In the sale, lease or other transfer of land acquired, cleared or improved
with assistance provided under this Agreement, and Contractor shall cause or
require a covenant running with the land to be inserted in the deed or lease for
such transfer, prohibiting discrimination upon the basis of race, color, religion,
sex, or national origin, in the sale, lease or rental, or in the use or occupancy of
such land or any improvements erected or to be erected thereon, and providing
that the Contractor, the County, and the United States are beneficiaries of and
entitled to enforce such covenant. The Contractor, in undertaking its obligation
in carrying out the program assisted hereunder, agrees to take such measures
as are necessary to enforce such covenant and will not itself so discriminate.
14. Age Discrimination Act of 1975 (24 CFR 146).
15. Fair Housing Act (24 CFR 100, CFR 107 and 24 CFR 1).
16. Washington State/Local Building Codes/Housing Quality Standards (24
CFR 882.109).
17. WBE/MBE (24 CFR 85.36 (e)).
Section XIV — Suspension & Termination
In accordance with 24 CFR 85.43, suspension or termination may occur if the
AWARDEE materially fails to comply with any term of the award, and that the award
may be terminated for convenience in accordance with 24 CFR 85.44.
If, through any cause, the AWARDEE shall fail to fulfill in timely and proper manner its
obligations under this contract, or if the AWARDEE shall violate any of the covenants,
agreements, or stipulationsof this contract, the CITY shall thereupon have the right to
terminate this contract by giving written notice to the AWARDEE of such termination
and specifying the effective date thereof, at least five (5) days before the effective date
of such termination. In such event, the AWARDEE shall be entitled to receive just and
equitable compensation for any work satisfactorily completed hereunder to the date of
said termination. Notwithstanding the above, the AWARDEE shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any breach of the
contract by the AWARDEE and the CITY may withhold any payments to the
AWARDEE for the purpose of setoff until such time as the exact amount of damages
due the CITY from the AWARDEE is determined whether by court of competent
jurisdiction or otherwise.
Section XV — Termination for Convenience of the CITY
The CITY may terminate for its convenience this contract at any time by giving at least
thirty (30) days notice in writing to the AWARDEE. If the contract is terminated by the
CITY, as provided herein, the City will reimburse for any actual and approved expenses
incurred, including those costs involved in terminating the contracts and shutting down
the work as of the date of notice, and the AWARDEE will be paid as a FEE an amount
which bears the same ratio to the total compensation as the services actually
performed bear to the total service of the AWARDEE covered by this contract, less
payments of compensation previously made. Claims and disputes between the parties
will be submitted to the American Arbitration Association for resolution. Award or
judgment may be entered in any court having jurisdiction thereof.
15 of 17 City of Yakima 3/4/2015 Page 15
Section XVI — Default -Loss of Grant Funds
If the AWARDEE fails in any manner to fully perform and carry out any of the terms,
covenants, and conditions of the agreement, and more particularly if the AWARDEE
refuses or fails to proceedwith the work with such diligence as will insure its completion
within the time fixed by the schedule set forth in Exhibit B of this agreement, the
AWARDEE shall be in default and notice in writing shall be given to the AWARDEE of
such default by the AGENCY or an agent of the AGENCY. If the AWARDEE fails to
cure such default within such time as may be required by such notice, the CITY, acting
by and through the AGENCY, may at its option terminate and cancel the contract. In
the event of such termination, all grant funds awarded to the AWARDEE pursuant to
this agreement shall be immediately revoked and any approvals related to the
PROJECT shall immediately be deemed revoked and canceled. In such event, the
AWARDEE will no longer be entitled to receive any compensation for work undertaken
after the date of the termination of this agreement, as the grant funds will no longer be
available for this project. Such termination shall not effect or terminate any of the rights
of the CITY as against the AWARDEE then existing, or which may thereafter accrue
because of such default, and the foregoing provision shalt be in addition to all other
rights and remedies available to the CITY under the law and the note and mortgage (if
in effect), including but not limited to compelling the AWARDEE to complete the project
in accordance with the terms of this agreement, in a court of equity. The waiver of a
breach of any term, covenant or condition hereof shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant, or condition hereof.
Section XVII — Reporting Responsibilities
AWARDEE agrees to submit any and all quarterly reports required by HUD or the CITY
to theAGENCY on the following due dates: October 1, January 1, April 1, and July 1,
next following the date of this agreement. The AGENCY will send the AWARDEE one
reminder notice if the quarterly report has not been received fourteen (14) days after
the due date. If the AWARDEE has not submitted a report fourteen (14) days after the
date on the reminder notice, the CITY will have the option to terminate the contract as
described in this agreement. In addition, the AWARDEE agrees to provide the
AGENCY information as required to determine program eligibility, in meeting national
objectives, and financial records pertinent to the project. Additional reporting
requirements are included in Exhibit B.
Section XVIII — Inspection, Monitoring & Access to Records
CITY reserves the right to inspect, monitors, and observe work and services performed
by theAWARDEE at any and all reasonable times. CITY reserves the right to audit the
records of the AWARDEE any time during the performance of this Agreement and for a
period of five years after final payment is made under this Agreement. If required, the
AWARDEE will provide the AGENCY with a certified audit of the AWARDEE's records
representing the Fiscal Year during which the PROJECT becomes complete whenever
the amount listed in SECTION VII is at or exceeds $300,000, pursuant to the
requirements of OMB Circular A-133. Access shall be immediately granted to the CITY,
HUD, the Comptroller General of the United States, or any of their duly authorized
representatives to any books, documents, papers, and records of the AWARDEE or its
contractors which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
Section XIX — General Conditions
A. All notices or other communication which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by
registered mail addressed to the other party at the address indicated herein or as the
same may be changed from time to time. Such notice shall be deemed given on the
16 of 17 City of Yakima 3/4/2015 Page 16
day on which personally served; or, if by mail, on the fifth day after being posted or the
date of actual receipt, whichever is earlier.
City address:
Awardee address:
City Manager
Yakima City Hall
129 North 2`"' Street
Yakima, Washington 98901
Habitat for Humanity
21 W. Mead Avenue, Suite 110
Yakima, Washington 98902
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or
conditionscontained in any attached documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. The parties hereto agree that this Agreement shall be construed and enforced
according to thelaws of the State of Washington.
F. Should any provisions, paragraphs, sentences, words or phases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Washington or the City of
Yakima, such provisions, paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform with such laws, or if not modifiable
to conform with such laws, then same shall be deemed severable, and in either event,
the remaining terms and provisions of this Agreement shall remain unmodified and in
full force and effect.
G. AWARDEE shall comply with the provisions of the Copeland Anti -Kick -Back Act(18
U.S.C. 874) as supplemented in the AGENCY of Labor Regulations (29 CFR Part 3),
asamended.
H. AWARDEE shall comply with the provisions of sections 103 and 107 of the Contract
Work Hours and Safety Standard Act (40 U.S.C. 327-330) as supplemented by
AGENCY of Labor regulations (29 CFR, Part 5), as amended.
I. AWARDEE further warrants and agrees to include or cause to be included the criteria
and requirements of paragraphs (G) through (H) of this section in every nonexempt
subcontract. The AWARDEE also agrees to take such action as the federal, state or
local government may directto enforce aforesaid provisions.
J. The obligations undertaken by AWARDEE pursuant to this Agreement shall not be
delegated orassigned to any other person or agency unless CITY shall first consent to
the performance orassignment of such service or any part thereof by another person or
agency.
K. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representative, successors and assigns.
17 of 17 City of Yakima 3/4/2015 Page 17
L. AWARDEE shall indemnify and save CITY harmless from and against any negligent
claims, liabilities, losses and causes of action which may arise out of AWARDEE's
activities under thisAgreement, including all other acts or omissions to act on the part of
AWARDEE, including anyperson acting for or on its behalf, and, from and against any
orders, judgments, or decrees which may be entered, and from and against all costs,
attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in
the investigation thereof.
M. AWARDEE and its employees and agents shall be deemed to be independent
contractors, andnot agents or employees of the CITY, and shall not attain any rights or
benefits under the civil service or pension ordinances of the CITY, or any rights
generally afforded classified or unclassified employee; further they shall not be deemed
entitled to state Compensation benefits as an employee of the CITY.
N. Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to
lack offends, or authorization, reduction of funds, and/or change in regulations.
18 of 17 City of Yakima 3/4/2015 Page 18
A.)
Exhibit "B"
Yakima Valley Partners Habitat for Humanity
PROPOSAL SUMMARY/PROJECT ABSTRACT
Yakima Valley Partners Habitat for Humanity will purchase property parcels
181313-14448,181313-14449,1811313-14450,181313-14451 on N. 2"d St.
Yakima, also known as 1009, 1011,1013, and 1015 N. 2nd Street, Yakima .
Construct four (4) new single family homes as described in attached "Proposal
from Habitat for Humanity dated November 18, 2014; and sell to a qualified low
income first time homebuyers and monitor the "Affordability Period" for a period of
no less than Ten (10) years, after which all net proceeds shall be granted to
Habitat.
B.) ASSESSMENT OF NEED/PROBLEM STATEMENT
Habitat for Humanity will provide the construction of four (4) new single family
dwellings to be sold to a qualified low to moderate income first time homebuyers
and monitor the project for a Ten (10) year affordability period in exchange for all
net proceeds redeemed from the sale of the homes known as 1009, 1011, 1013,
and 1015 N. 2nd Street, Yakima
C.) PROGRAM GOAL AND OBJECTIVES
Goal
Purchase property and construct four(4) new affordable single family residences
within in the City of Yakima.
Objectives
1. Purchase property.
2. Construct four (4) new single family dwellings.
3. Sell the new single family homes to a qualified low to moderate first time
homebuyers.
D.) METHODOLOGY
From the contract execution date to continue until the termination date at which it
will expire at midnight, Yakima Valley Habitat for Humanity will Purchase said
property, construct four (4) new single family dwellings to be sold to a low to
moderate income first time homebuyers to be monitored for a ten (10) year
affordability period per HUD regulations governing HOME Investment funded
projects.
E.) OUTCOMES & EVALUATION
As a condition of reimbursement, Habitat for Humanity will,
19 of 17 City of Yakima 3/4/2015 Page 19
1. Purchase said property.
2. Construct four (4) new single family dwellings
3. Affect the sale of the property and dwellings to qualified low to moderate income
first time homebuyers.
4. Agree to monitor the properties for a period of no less than a ten (10) year
affordability period as per HOME Investment requirements.
F.) BUDGET
Yakima Valley Habitat for Humanity will be reimbursed up to $150,000 between
the contract execution date and terminate on December 31, 2016 at midnight, for
eligible activities.
Exhibit "D"
Is the attached proposal as submitted to the City of Yakima on November 18, 2014
20 of 17 City of Yakima 3/4/2095 Page 20
Yakima Valley Partners
Hat
for Humanity®
November 18, 2014
Archie Matthews, Manager
Office of Neighborhood Development
112 S 8th Street
Yakima, WA 98901-3022
Dear Mr. Matthews,
Please consider this as a proposal from Yakima Valley Partners Habitat for Humanity
for a grant in the amount of $150,000 for the construction of 4 houses at 1009, 1011,
1013, and 1015 N 2nd St Yakima. See attached plot diagrams.
Yakima Valley Partners proposes to construct 3 to 4 bedroom homes to be sold to
families whose incomes are between 30 and 60% of the median income in Yakima
County. Each home will be purchased by the families using a no interest loan from
Habitat for Humanity. The families are required to invest a minimum of 500 hours of
"sweat equity" on their home before they begin occupancy. The homes would be
constructed by Yakima Valley Partners utilizing our construction staff, volunteers
from the community, and the family and friends of the future home owners.
We have negotiated the purchase price of $96,000 ($24,000 per lot). The lots will need
fill dirt, concrete removal and stump removal and sidewalks installed to be build
ready.
Property purchase
(1009, 1011, 1013, 1015 N 2nd St - $24,000 per/lot)
Closing Costs
Property clean up and development
(Waste removal, fill dirt, sidewalks $3,000)
Design improvement ($10,000 per home)
Total
$ 96,000
$ 2,000
$ 12,000
$ 40,000
$150,000
The design improvements include garage and porch upgrades similar to previous
project partnerships. See attached pictures.
21 W Mead Ave, Ste 110, Yakima, WA 98902
Phone: (509) 453-8077 Fax: (509) 453-8190 www.yakimahabitat.org
We are currently engaged in the home owner selection process for 2015 and have 22
families participating in the application process. The floor plans and number of
bedrooms of each home is dependent on the needs of the families selected. Therefore,
we are unable to provide specific floor plans at this time. However, we expect to build
homes that are between 1000 and 1200 square feet with 2 bathrooms per home.
Working in partnership,
Steve Luten
Executive Director
Parcel Numbers 181313-14448,181313-14449,181313-14450,
181313-14451, on N 2nd St Yakima
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Examples of previous design upgrades
1607 Grant St
3101 Hathaway St
Exhibit "C"
(THIS PAGE LEFT BLANK INTENTIONALLY FOR "EXHIBIT C RESOLUTION")
21 of 17 City of Yakima 3/4/2015 Page 21
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.A.
For Meeting of: March 17, 2015
ITEM TITLE:
SUBMITTED BY:
Resolution authorizing a contract with Yakima Habitat for
Humanity for the sum of $150,000 to purchase lots and
construct four (4) single family homes to be sold to qualified
first time homeowners in the vicinity of N 2nd Street
Joan Davenport, AICP, Community Development Director
Archie Matthews, ONDS Manager (509) 575-6101
SUMMARY EXPLANATION:
Yakima Habitat for Humanity will Purchase four lots (4) and construct four (4) new single family
three to four bedroom homes to be sold to qualified first time home buyers furthering affordable
housing opportunities within the city limits of Yakima using Federal HOME Investment funding.
Resolution: X Ordinance:
Other (Specify):
Contract X Contract Tenn: 9 months
Start Date: March 17, 2015 End Date: December 31, 2015
Item Budgeted: Yes Amount: $150,000
Funding SourcelFiscal Impact: HOME Funds
Strategic Priority: Improve the Built Environment
Insurance Required? Yes
Mail to: Yakima Valley Partners Habitat for Humanity, 21 W Mead Ave
Ste. 110, Yakima, WA 98902
Phone: (509) 453-8077
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Approve the Resolution to authorize this agreement.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution - Habitat for Humanity 3/9/2015 Resolution
❑ Contract - Habitat for Humanity 3/9/2015 Contract
When Recorded Return to:
City of Yakima — Utilities and Engineering Department
129 N 2nd Street
Yakima, WA 98901
11111ii16 11111911181111,1111
1
FILE# 7867984
YAKIMA COUNTY, WA
03/26/2015 10:40:38AM
MISCELLANEOUS
PAGES: 3
VALUED CUSTOMER
YAKIMA VALLEY PARTNERS HABITAT FOR HUMANITY
Recording Fee: 74.00
DEPARTMENT OF UTILITIES AND ENGINEERING
Debbie Cook, PE, Director
Engineering Division
129 North Second Street
Yakima, Washington 98901
(509) 575-6111 • Fax (509) 576-6305
DEPOSITED CASH IN LIEU OF BOND per YAKIMA MUNICIPAL CODE
14.05.200
I. PARTIES
Yakima Valley Partners Habitat for Humanity, hereinafter the "Developer", and the City of
Yakima, a municipal corporation of the State of Washington, hereinafter the "City."
II. RECITALS
The Developer has purchased a four (4) lot subdivision located on North 2nd Street
approximately 179' north of East "I" Street, in the City of Yakima, Washington (See City File -
FSP#001-14). A bond was provided for the public improvements by the previous developer in
order to obtain the final short plat approval. The Developer is now responsible for the required
public improvements, which for this project include sidewalk, curb and gutter along the site
frontage, as well as all related work such as water and sewer services, storm drainage and
additional pavement. Civil plans are required to be submitted and approved by the City
Engineering Division prior to beginning construction of the public improvements. In addition,
record drawings need to be provided upon completion of all public improvements In order to
begin construction of any new structures within the subdivision, the Developer hereby proposes,
in lieu of actual construction and completion of the required public improvements or providing
the City with a surety bond, to secure actual completion of the required public improvements by
depositing money into a City account created for City File FSP#001-14 This document has
been reviewed and approved by the City Attorney as well as the Director of Utilities and
Engineering
III. AGREEMENT
The Developer, in consideration of the City's review and approval of building permits within the
subdivision prior to actual construction of required public improvements, covenants as follows:
1. The Developer agrees to deposit cash into a City account created for City File FSP#001-14.
The sum of Fifty One Thousand Six Hundred Fifty Four Dollars and 68/100 ($51,654.68)
shall be deposited into the account, said sum being 110% of the estimated cost of the
required public improvements, namely sidewalk, curb and gutter along the site frontage, as
well as all related work such as water and sewer services, storm drainage and additional
pavement, as well as record drawings
2. The Subject Account has been established, in lieu of actual construction completion of the
required improvements or the provision of a surety bond, as security that the Developer will
make all the required improvements The Developer herby agrees and covenants to make
such improvements within one (1) year after approval of this agreement, prior to Certification
of Occupancy being provided for any structure built within the subdivision or as such
deadline may be extended, if requested by the developer in writing to the City Engineer
thirty (30) days before the expiration of this Cash In Lieu of Bond Agreement, at the sole
option of the City Engineer. Such obligation shall constitute and covenant against and shall
run with all lots and real property contained and described in City File FSP#001-14.
3. In the event the Developer fails to complete the required improvements, as determined
solely by the City, the City, upon thirty (30) days written notice to the Developer and the
Developers' continued default thereafter as determined by the City, may construct such
improvements and may reimburse itself from the Subject Account for all costs and expenses
so incurred There shall be no time limitation within which the City must make any such
withdrawals To the extent such account is not sufficient to cover all of the costs of the
required improvements, the Developer agrees to pay such deficiency, and the City shall
have a lien against all lots and real property contained and described in the above
referenced long plat which lien may be foreclosed as deeds of trust are foreclosed pursuant
to Washington law.
4 As the required improvements are constructed and approved by the Director of Utilities and
Engineering, the Director of Utilities and Engineering may permit the Developer to withdraw
portions of the account, from time to time. For example, as improvements are installed and
the City's need for full security thus diminishes, portions of the deposited funds equivalent to
the work performed and approved by the City could be released to Developer, but the same
shall be discretionary with the City, at its sole option, and not mandatory. While the
Developer may request that such reductions be permitted, the Developer shall not have any
right to demand or require the City to grant the same However, the City shall not
unreasonably refuse to consider such requests
5. Upon final approval hereof by the City Engineer, the Developer shall record this Agreement
with the Yakima County Auditor, at the Developers' sole expense and return a copy of the
recorded agreement to the City.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed this day of 01a4f,V/ , 2015
Countersigned: CITY OF
,F,YAKIMA DEVELOPER
this�day of e MJ. Q,U ' 2015.
By:
Director of Utilities and Engineenn
t5)—eve LGLi
(Print Name)
Itse0wfiAC _ ts\nec.-C
(President, Owner, etc.)
Address: 2./ II, /r Vf€ca 5te../a2
yattflialo.W T89oZ
ADDENDUM TO
AGREEMENT BETWEEN THE CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES AND YAKIMA
VALLEY PARTNERS HABITAT FOR HUMANITY
(1013 and 1015 N. 2nd Street- Extension of Completion Date)
City of Yakima Contract 2015-056
THIS ADDENDUM modifies the above Agreement between the parties executed on or
about March 4, 2015 and approved pursuant to Resolution No. 2015-036. The purpose of
the Addendum is to extend the Completion Date of the Agreement from December 31,
2015 through June 30, 2016, in order to provide for full performance.
WHEREFORE, the undersigned parties agree as follows:
The Completion Date set forth in Section 7 of the Cover Sheet in the above -referenced
Agreement is hereby amended to provide that the termination date shall be midnight on
June 30, 2016. All other terms, conditions and provisions of the Agreement shall remain
unchanged.
AGREED and executed this 1 day of January 2016.
CITY OF YAKIMA,
OFFICE OF NEIGHBORHOOD
DEVELOPMENT SERVICES
By: i/
1
chie M. Matthews, ONDS Manager
Cm CONTRACT NO: o7U
RESOLUTION NO:V`'^201 >
YAKIMA VALLEY PARTNERS
HABITAT F • ' UMANITY
r'
Vicki Baker, Ex utive Director