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HomeMy WebLinkAboutResolution - 121478F - Revised Funding Agreement - Day Care Association - 12_14_1978KJ:hw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Revised Funding Agreement between The City of Lubbock and Day Care Association of Lubbock, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of ATTEST: -`E lyn Gaffg ,%City Secre ar�-Ta�surer� APPROVED AS -TO FORM: r/ ohn C. Ross, Jr., City Attorney December 1 DIRK WEST, MAYOR . 1978. REVISED FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND DAY CARE ASSOCIATION OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 14th day of December 1978. between the City of Lubbock, a home rule -municipal corporation, hereinafter called "City" and the Day Care Association of Lubbock, a charitable association hereinafter called "Association WITNESSETH: WHEREAS, the City and the Association heretofore entered into a funding agreement dated June 8, 1978; and WHEREAS, such agreement did not fully cover the services and points of agreement to be made between the parties thereto; and WHEREAS, amendments to such agreement would be so extensive that it has been determined that such agreement should be revised in its entirety and this revised agreement as set forth herein below shall constitute the entire agreement between the parties hereto. HOW THEREFORE, the City and the Association do hereby mutually agree to revise the funding agreement and such revised agreement shall read as follows: 1. The City agrees that it shall provide the services as required by the City pursuant to the Housing and Community Development Act of 1977 and the related rules and regulations of the Department of Housing and Urban Development in particular the providing of day care facilities within the City of Lubbock. - 2. The Association agrees that it.will provide the services for the City which shall include the contracting for the construction of and the conveyance to the -City of a day care facility to be situated at East 13th Street and Vanda Avenue in the city of Lubbock, Texas, and more particularly designated as Day Care Center Number 4. 3. To carry out the agreed services, the City will apply for funds from the Department of Housing and Urban Development and such funds when received by the City shall be paid to the Association as compensation for such services with the compensation not to exceed Two Hundred Fifty Thousand Dollars ($25 0,000). 3 - 4. The City agrees that it will lease the constructed improvements located at East 13th Street and Vanda Avenue to the Association for the purpose of carrying out the agreed services. 5. The Association -agrees that it will retain the services of an architect for the construction of such day care center and will consult with and receive the approval of the City in regards to the design of such day care center. The Association further agrees to invite ap- propriate City staff members including the Community Development Coordinator, to attend any and all meetings held with the architect to discuss plans and designs for the day care center. The Association agrees to submit the final plans to the City for review and approval. 6. The Association will be responsible for advertising for bids and selecting the contractor for such day cage center and the bid documents and the contract agreement between the Association and the selected contractor will be submitted to the City for review and approval prior to the execution of any contract awarded for such im- provement. 7. It is agreed that the City shall compensate the As sociation in an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000) for the services performed under this agreement with such compensation to be paid on a reimbursement basis upon the submission of a state- ment of expenses by the Association. The amount of compensation stated in this agreement is based on an estimation of current construction cost and may be amended as necessary. 8. The Association shall furnish the City with quarterly reports regarding the status of the project of services being funded under this agreement. The quarterly report will contain all the information as may be requested by the City's Community Development Department regarding the construction of the day care center. The City will advise the Association as to the form and content of the quarterly report. The monthly reports shall include an accurate financial accounting of the use of the money provided under this agreement. Reports shall be sub- mitted by the third Monday of the month in which they are due. 9. Regardless of the date of execution hereof this agree ment shall become effective on the 8th day of June, 1978, and shall terminate upon the City's acceptance of the project construction. 10. The period -of this agreement -may be extended under its present terms and conditions by mutual agreement of the parties hereto provided such extension is preceeded by appropriate resolution of the City Council. 11. The City hereby designates as its single point of contact with the Association the. Community Development Coordinator. All reports or other communications relative to this agreement shall be addressed to the coordinator or to a delegate expressly named by him. 12. The Association shall be deemed at all'times to be an independent contractor and nothing contained herein shall be construed as creating the relationship of employer and employee between the City and the Asso- ciation. 13. The City may visit the Association's premises at any time for the purpose of verifying that the Association is in compliance with the terms of this agreement. 14. This agreement shall constitute and express the entire agreement between the parties hereto and shall not. be amended or modified except by written instrument signed by both parties. 15. The activities performed by the Day Care Association of Lubbock with funds provided under this agreement shall be performed within the Community Development target areas at the designated site located at East 13th Street and Vanda Avenue as shown on Exhibit "A". For purposes of determining venue and the law governing this agreement activities performed under this agree- ment are performed in the City and County of Lubbock state of Texas. 16. The City shall not be subject to any of the obligations or liabilities of the Association incurred in the performance of this agreement. The Association ex- pressly agrees to indemnify and hold harmless the City for any and all liabilities and obligations incurred due to the negligence of the Association, its employees, officers, agents, sub -contractors or agencies or the negligent acts or omissions, breaches of contract of the Association,or its employees, officers, agents, sub -contractors or agencies. 17. The Association hereby certifies and assures the City that in the performance of this agreement it will be cognizant of, comply with and enforce the provisions of the Housing and Community Development Act of 1974 as amended (PL 93-383) and the rules and regulations of the U.S. Department of Housing and Urban Development as amended, made pursuant thereto including, but not limited to those published in Title 24 of the Code of Federal Regulations. The Association further certifies and assures the City that it will be cognizent of, comply with and enforce where applicable and to the extent required by law all other applicable Federal or State statutes, local ordinances, rules or regulations or department procedures or directives of the U.S. Department of Housing and Urban Development. 18. It is understood and agreed that the Day Care Asso- ciation of Lubbock will not deny benefits of the day care center to or discriminate against any person on the grounds of race, color, religion, age, sex or national origin. 19. If through any cause the Association shall fail to fulfill in timely and proper manner its obligations under this agreement or if the Association shall violate any of the covenants, agreements or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to the association of such termination and specifying the. effective date thereof at least five (5) days before the effective date of such termination. This agreement may be terminated by either party without cause upon thirty days (30) prior written notice to the other party. 20. The Association represents that it has or will secure at its own expense all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the City. All personnel having financial management or the management of moneyas one of their duties and who perform services under this agreement shall be bonded. No person who is serving a sentence in a penal or correctional institution shall be employed or work under this agreement. 21. The Association agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 USS 1701w and Section 202 of Executive Order 11246 a copy of each such sections being attached hereto marked Exhibit "B" pages 2 and 3, and by reference made a part hereof for all particulars as though fully set out herein. 22. None of the services covered by this agreement shall be sub -contracted without the prior written consent of the City. The Association shall be as fully responsible to the City for the acts and omissions of its sub -con- tractors and of persons either directly or indirectly employed by it. 23. The Association shall not assign -any interest in this agreement and shall not transfer any interest in the same whether by assignment or novation without the prior written approval of the City provided, however, that claims for money due or to become due the Associ- ation from the City under this agreement may be as- signed to a bank, trust company or other financial institution or to a trustee in bankruptcy without such approval. Notice of such assignment or transfer shall be furnished promptly to the City. 24. No members of the governing body of the City and no other officer employee or agent of the City who ex- ercises any functions or responsibilities in connection with the carrying out of the project to which this agreement pertains shall have any personal interest direct or indirect in this agreement. 25. No member of the governing body of the locality in which the project area situated and no other public official of such locality who exercises any functions or responsibilities in the review and approval ,of the carrying out of the project to which this agreement pertains shall have any personal interest direct or indirect in this agreement. 26. No member of or delegate to the Congress of the United States and no resident commissioner shall be admitted to any share or part of this agreement or to any benefit to arise herefrom. 27. The Association covenants and agrees that it presently has no interest and shall not acquire any interest direct or indirect in the above described project area or any parcels therein or any other interest which would conflict in any manner or degree with the pre formance of its services hereunder. The Association further covenants that in the preformance of this agreement no person having any such interest shall be employed. t IN WITNESS WHEREOF, the City and the Association have executed this agreement as of the first day above written. CITY OF LUBBOCK WEST, MAYOR ATTEST: Eve yn Ga ga, City Se e a -Treasurer APPROVED AS TO FORM: Kennet Jones, t ity Attorney DAY CARE ASSOCIATION OF LUBBOCK re t, Boar o Directors ATTEST: Secretary, Board of Directors Jul liulll! ri CITY LIMITS + # •— ` �� ,—_ — =•� a :;-� CITY LIMITS I'llf ua nlll,r� A NCI MEKT . 1i2 1 MILE 2 , PART 11 - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 8 Upon execution of the Funding Agreement of which this Part 11 - Terms and Conditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Development (HUD) now or hereafter in effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Defin.itions: Except to the extent modified or supplemented by this Funding Agreement, any term defined in Title I of the housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (c) Grantee means any City Department or division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the Community Development Program. (d) Assurances, when capitalized, means the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. (f) Program means the Community Development program, project, or other activities, including the administration thereof, with respect to which assistance is being provided under this Agreement. 2. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations Issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the. Funding Approval. The Grantee agrees that it shall be bound by, and shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement., the Section 3 clause set forth below: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECTS. A. The work to be performed under this contract 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 requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing In the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, (published in 38 Federal Register 29220, October 23, 1973), all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will develop and implement an affirmative action plan for utilizing business concerns located within or owned in sub- stantial part by persons residing in the area of the project; and the making of a good faith effort, as defined by the regulations, to provide training, employment, and business oportunities required by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contractor understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause In every sub- contract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assist- ance, take appropriate action pursuant to the subcontract upon a find- ing that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development,24 CFR 135. The contractor will,not subcontract with any subcontractor where it has notice or know- ledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 2 F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Depart- ment issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipent for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipent, its contractors and sub contractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assist- ance is provided, and to such sanctions as are specified by 24 CFR 135. he Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for tie information of parties to contracts required to contain the above Section 3 cla se. . Flood Disaster. Protections he Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agree ent is approved for acquisition or construction purposes as defined under Secti n 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pur- suant to Section 201(d) of said Act; and the use of any assistance provided under this Agrement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such Land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 4. Equal Employment Opportunity: (a) Activities and contracts not subject to Executive Order 11246, as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and the employees are treated during their employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause.. The Grantee shall state that all qualified applicants will receive consideration for employment with- out regard to race, color, religion, sex, or national origin. The Grantee 1<1 shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b).of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. " (b) Contracts subject to Executive Order 11246, as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR ?art 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or In part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed,' and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be Limited to, the following: Employment, upgrading, demotion, or transfer, re- cruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or. workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions fo Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract o'r with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceeding paragraph (1) and the provisions of paragraphs (1) through (7) 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 contractor will take such action with respect to any .subcontract or purchase order as the Department may direct as a means of enforcing 4 (1) A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry,reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized for the contract is under consideration to be Fisted on the EPA List of Violatino Facilities. (4) Agreement by the contractor that he will incline or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c) (1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall.comply wi h HUD requirements per- taining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wages rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for contracts in excess of $10,00O, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8.' Nondiscrimination Under Title Vi of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) 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, the Grantee shall cause or require a covenant running with the lap, 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 City and the United States are beneficiaries 6 such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation'to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided, that if the Grantee so partici- pating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of labor; that it will furnish the City, HUD, and' the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the City and HUD in the discharge of HUD's primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part 11, Sub -Part D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the City or the Department of Housing and Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate legal proceedings. 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of Lead -based paint -hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certificates required under Section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is sub�'ect to the requirements of the Clean Air Act, as amended, 42 USC 1857 et se ., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any non- exempt transaction thereunder funded with assistance provided under the Agreement, the following requirements: `5 of and entitled to enforce such covenant. The Grantee, in undertaking its obliga- tion 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.' 9. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. The Grantee shall comply with all lawful requirements of the City necessary to Insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the City's Assurances and certificates including those with respect to the assumption of environmental responsiblilities of the City under Section 104(h) of the Housing and Community Development Act of 1974. 10. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 11. Interest of Members, Officers, or Employees of City, Members of local Governing Body, or Other Public Officials: No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter; shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohi- biting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 7 CERTIFICATE OF SUBSTANTIAL COMPLETION AIA DOCUMENT G704 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER PROJECT: LUBBOCK DAY NURSERY (name, address) CONTRACTOR: Tusha Buildings TO (Owner) #4' Lubbock, Texas Inc., Lubbock, Texas City of Lubbock, Texas ARCHITECT'S PROJE T NO: CONTRACT FOR: turnkey Construction Lubbock Day Nursery #4 (_ I CONTRACT DATE: October 16, 1978 DATE OF ISSUANCE: September 12, 1979 PROJECT OR DESIGNATED AREA SHALL INCLUDE: Complete Project as called out on Contract Documents entitled: LUBBOCK DAY NURSERY #4, FOR LUBBOCK DAY CARE ASSOCIATION, LUBBOCK, TEXAS The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Sub- stantial Completion is hereby established as , which is also the date of commencement of all warranties and guarantees required by the Contract Documents. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is appended hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to com- plete all Work in accordance with the Contract Documents. Bill Cantrell Planners Inc. / cpP 9-12-79 ARCHITECT BY --� DATE The Contractor will complete or correct the Work on the list of items appended hereto within days from the above Date of Substantial Completion. Tusha Buildings Inc. CONTRACTOR BY DALE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time) on (date). If I City of Lubbock, Texas9_-�w 1 �� if OWNER BY DATE The responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance shall be as follows: (NOTE — Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage) AIA DOCUMENT C704 - CERTIFICATE OF SUBSTANTIAL COMPLETION - SEPTEMBER 1966 EDITION ONE PAGE ©1966 AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW, WASH., D.C. 20006 CONSENT OF SURETY COMPANY TO FINAL PAYMENT AIA DOCUMENT G707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER PROJECT: LUBBOCK DAY NURSERY #4 (name, address) r TO (Owner) CITY OF LUBBOCK, TEXAS L CONTRACTOR: TUSHA BUILDINGS, INC. LUBBOCK, TEXAS ARCHITECT'S PROJECT NO: CONTRACT FOR: Turnkey Construction Lubbock Day Nursery #4 J CONTRACT DATE: October 16, 1978 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) THE TRAVELERS INDEMNITY COMPANY , SURETY COMPANY, HARTFORD, CONNECTICUT on bond of (here insert name and address of Contractor) TUSHA BUILDINGS, INC. , CONTRACTOR, LUBBOCK, TEXAS hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any Of its obligations to (here insert name and address of Owner) CITY OF LUBBOCK, LUBBOCK, TEXAS , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 13th day of September 1979 The Travelers Indemnity Company Surety Company l S nature of Authorized Representative Attest: Attorney —In —Fact (Seal) : Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, September 1967 Edition AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • SEPT. 1967 EDITION ONE PAGE 01967 AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW, WASH., D.C. 2o006 CONTRACTOR'S O cHIR E AFFIDAVIT OF CONTRACTOR ❑ RELEASE OF LIENS ETY OT ER ❑ AIA DOCUMENT G706A TO (Owner) L ARCHITECT'S PROJECT NO: CITY OF LUBBOCK, TEXAS CONTRACT FOR: I CONTRACT DATE: Turnkey Construction Lubbock Day Nursery #4 PROJECT: LUBBOCK DAY NURSERY #4 October 16, 1978 (name, address) 1301 Vandal Lubbock, Texas State of: TEXAS County of: LUBBOCK The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equip- ment, and all performers of Work, labor or services who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Sub- contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. CONTRACTOR: TUSHA BUILDINGS, INC. Address: 1001 Slaton Hwy. Lubbock, Texas r~� f BY: �; \; ^ x n,i c' 10 Subscribed and sworn to before me this /.'L, Ck day of J Notary Public: ,�%..�.✓oy� 1971 My Commission Expires: .1-30- 10 AIA DOCUMENT C706A CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS SEPT. 1%7 EDITION AIA® p 1%7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D. C. 20006 ONE PAGE CONTRACTOR'S ARCHITECT CT ❑ AFFIDAVIT OF CONTRACTOR ❑ PAYMENT OF OTHER ❑ DEBTS AND CLAIMS AIA Document G706 TO (Owner) F CITY OF LUBBOCK,TEXAS Lr PROJECT: LUBBOCK DAY NURSERY #4 (name, address) 1301 Uanda, Lubbock, Texas ARCHITECT'S PROJECT NO: CONTRACT FOR: I CONTRACT DATE: Turnkey Construction Lubbock Day Nursery #4 October 16, 1978 State of: TEXAS County of: LUBBOCK The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) - SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Consent of Surety to Final Payment. Wherever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, may be used for this purpose. Indicate attachment: (yes ) (no ). The fallowing supporting documents should be at- tached hereto if required by the Owner: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. CONTRACTOR: TUSHA BUILDINGS, INC. Address: 1001 Slaton Hwy. Lubbock, Texas BY: Subscribed andd sworn to before me this 2. Separate Releases or Waivers of Liens from Sub- / day of 1971 contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. Notary Public: _/Z..G...) 3. Contractor's Affidavit of Release of Liens (AIA DOCUMENT G706A). My Commission Expires: 8o AIA DOCUMENT G7D6 • CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS • SEPT. 1%7 EDITION AIAQQ D 1%7 THE AMERICAN INSTITUTE of ARCHITECTS, 1735 N. Y. AVE., N.W., WA5HINGTON, D. C. 2ODD6 ONE PAGE Date September 12, 19 79 Project No. Project Lubbock Day Nursery #4 Address. 1301 Vanda Lubbocks Texas CITY OF LUBBOCK LUBBOCK* TEXAS Below is a list of guarantees and warranties applying to this project. The time will start with the date of the architect's Certificate of Substantial Completion. Work Item Finn Address Phone Scope Term Date Received Electrical Allied Electric 407 E. 50th 744-2755 All items 1 yr. 9-12-79 Htg/AC State Htg.&A/C 614 E.Slaton Hwy.745-5104 if it 5 yrs. if Millwork Moe's Cab.Shop 306 N.University 765-2171 it it 1 yr. " ( Roofing Lydick Roofing 1924 Clovis Rd. 765-5577 IS if 10 yrs. " Plumbing State Htg.&A/C 615 E.Slaton Hwy.745-5104 It " 1 yr. Paving Harold Stotts Tahoka Hwy. 745-2347 it " 1 yr. " Floor Covering B&R Floor Cov. 2516 34th 795-4361 it " 3 yrs. " Kitchen Equip. Food Service Eq. 1220 Ave.Q 762-1059 it " 1 yr. The general contractor's guarantee period as set out in the contract is for a period of One (1) year. During that period, you may have him take care of the guarantee notifications. After that time, you should notify the firms (sub -contractors) direct. 6 440764'LL /'41'00A/Q04'_T4r, Architect AIA COPYRIGHT SEPT. 1963-THE AMERICAN INSTITUTE OF ARCHITECTS