Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 12/19/2023
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Item Creation Date: 5/23/2023

HCD23-61 Home Repair Program Fourth Amendment to the Master Contractor Agreement (3 of 3)

Agenda Item#: 32.


 
                               
Summary:

ORDINANCE approving and authorizing fourth amendment to Master Contractor Agreement and related Tri-Party Agreement and other documents for City of Houston Home Repair Program to be executed by City of Houston and each of the following contractors: SLSCO, LTD; PMG CONSTRUCTION, INC; DSW HOMES, LLC; HOUSTON HABITAT FOR HUMANITY, INC; MAYBERRY HOMES, INC; REBUILDING TOGETHER – HOUSTON; JAMES W. TURNER CONSTRUCTION, LTD, to increase the maximum project Cost Cap and amend various provisions to conform with the amended Home Repair Program Guidelines and approving and authorizing revised forms of the Tri-Party Agreement, Subrogation and Assignment Agreement, Deed of Trust and Promissory Note for use in City of Houston Home Repair Program to increase the maximum project Cost Cap

Background:

The Housing and Community Development Department (HCD) recommends Council approval of an Ordinance authorizing a Fourth Amendment to the Home Repair Program (HRP) Master Contractor Agreement (MCA) and a new form of Tri-Party Agreement (TPA) and related documents (approved pursuant to Ord. No. 2018-56, as amended) for the City of Houston (City) HRP to be executed by the City and each of the following contractors: DSW HOMES, LLC.; HABITAT FOR HUMANITY, INC; JAMES W. TURNER CONSTRUCTION, LTD.; MAYBERRY HOMES, INC; PMG CONSTRUCTION, INC; REBUILDING TOGETHER - HOUSTON; and SLSCO, LTD., to allow the HCD Director by written approval to increase the maximum TPA amount from $250,000.00 to $300,000.00 due to unforeseen cost increases.

 

Eligible cost increases include but are not limited to historic conservation district and historic neighborhood regulations, homeowner association guidelines enforcement, and deed restrictions; to change the amount of liquidated damages triggered by construction delays; to change the levels of assistance and related cost ranges; to change the warranty protections available to homeowners; to conform with changes made in version 1.8 of the HRP Guidelines; and to update various definitions, exhibits, and provisions regarding notice, force majeure, and state law compliance. 

 

The HRP provides home repair and reconstruction services for eligible low-and moderate-income (LMI) homeowners to alleviate immediate threats to their health, life, and safety.  Funding under the Contract will be expended through TPAs between the City, Homeowner, and the Contractor and related documents for each rehabilitation or reconstruction project. The total of all TPA amounts will not exceed the allocated funding available. No additional funding is being provided through this amendment. 

 

The HRP has completed 254 homes with an additional 34 homes currently in preconstruction. 

This item was reviewed by the Housing and Community Affairs Committee on May 16, 2023.

 

 

____________________________

Keith W. Bynam, Director

Prior Council Action:

01/24/2018 (O) 2018-56; 02/07/2018 (O) 2018-84; 11/28/2018 (O) 2018-936; 12/04/2018 (O) 2018-981; 01/13/2019 (O) 2019-83; 06/26/2019 (O) 2019-498; 01/29/2020 (O) 2020-77; 02/19/2020 (O) 2020-115; 05/19/2020 (O) 2020-406; 12/16/2020 (O) 2020-1094; 12/16/2020 (O) 2020-1095; 02/03/2021(O) 2021-0092; 04/21/2021 (O) 2021-273; 06/22/2022 (O) 2022-502

Contact Information:

Roxanne Lawson

(832) 394-6307

ATTACHMENTS:
DescriptionType
Cover SheetSigned Cover sheet