HomeMy WebLinkAboutContract 31622 FORT WORTH
Housing Department
A.L.E.R.T. Program
(Area Lead Education Reduction and Training Program)
A Lead Hazard Control Program
NOTICE TO PROCEED
Project Address: 4369 Hemphill Street Fort Worth, TX 76115
To: Kenneth Williams
Company Name: S.O.P. Builders
Address: 3810 Altamesa
Telephone #: 817-939-5422 or 817-293-6868
Fax # 817-293-3552
From: City of Fort Worth — A.L.E.R.T. Program —
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Dear Mr. Williams:
This is your Notice to Proceed Ordor to conduct Lead-Reduction activities(s) of single family
home at 4369 Hemphill Street Fort Worth, TX 76115. Work will commence on 3/28/05 and
will end on 4/28/05. The total not to exceed cost is in the amount of $13,662.00.
Any changes to this Notice to Proceed should be addressed in writing to the Director or his
designee for approv ci, prior to executing those changes.
If you have any ques'.ions, please do not hesitate to contact the office.
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Contractor S: I.nature ate
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SOP_Contract.doc Revised 10.15._c-04
TARN
_'0N ;Er ENO.
LEAD HAZARD CONTROL CONTRACT
PROJECT NAME: A.L.E.R.T.
(Area Lead Education, Reduction and Training)
LEAD-BASED PAINT HAZARD CONTROL PROGRAM
PROJECT NO.: 05-0000264 (J)
STATE OF TEXAS
COUNTY OF TARRANT
This CONTI:ACT for lead hazard reduction ("CONTRACT") is between the CITY OF FORT
WORTH (the `'CfT "'), a Texas home rule municipal corporation, acting by and through its duly
authorized Assistant City Manager. and SOP Builders, a Texas corporation ("CONTRACTOR"),
acting by and through Kenneth Williams, its President and CONTRACTOR'S duly authorized
representative. (Sometimes CITY and CONTRACTOR are hereinafter referred to individually as a
"Party" and collectively as the "Parties").
CITY has received certain funds from the U.S. Department of Housing and Urban
Development ("HUD") under Sections 1012 and 1013 of the Residential Lead-Based Paint Hazard
Reduction Act of 1902, which is Title X of the Housing and Community Development Act of 1992, as
amended (the "Community Development Act") for utilization in connection with its Lead Based Paint
Hazard Control Program ("LBPHCI1 );
WHEREAS. the CITY'S HOUSING DEPARTMENT ("HOUSING DEPARTMENT") with
the approval of the CITY COUNCIL ("CITY COUNCIL"), has adopted a budget for such funds and
has included therein an expenditure of fiends for its LBPHCP (the "A.L.E.R.T. Project");
WHEREAS. the HOUSING DEPARTMENT is the designated CITY department responsible
for the administratio,i and monitoring of the A.L.E.R.T. Project and all matters pertaining to it; and,
WHEREAS. the HOUSING DEPARTMENT wishes to engage CONTRACTOR to perform
lead-based paint ha-/:;rd control wort: for the A.L.E.R.T Project under the terms and conditions more
particularly describe,', in this CONTRACT.
NOW THER!'FORE, the Parties agree as follows:
. OUR YEN.
t
L DEFINITIONS
1.1 For purposes of this CONTRACT, in addition to the definitions and references set forth
throughout this CONTRACT, the following terms shall have the meanings indicated.
(A) "Business Day"— Every day of the week, except Saturdays, Sundays and those scheduled
holidaN s officially adopted and approved by the CITY COUNCIL for CITY employees.
(B) "Certil i;ate of Final Completion" — Certificate issued by the Director of the HOUSING
DEPAIZ N4ENT that certifies that all work for a particular real property and the
improvements located thereon has been completed under the terms of this CONTRACT.
(C) "Governmental Authority" — Any and all courts, boards, agencies, commissions, offices
or authorities of any nature whatsoever for any governmental unit (federal, state, county,
district, municipal or otherwise), whether now or hereafter in existence
(D) "Homeowner"— The ow ner(s) of the real property and the improvements located thereon.
(E) "Legal Requirements" — (i) Any and all present and future judicial decisions, statutes,
rulings, rules, regulations, permits, certificates or ordinances of any Governmental
Authority in any way applicable to CONTRACTOR, the Community Development Act,
the A.I..I:.R.T. Project or the Property, including, without limitation, the ownership, use,
cornstru`tion, rehabilitation, development, occupancy, possession, operation,
mainten:mce, alteration. repair or reconstruction thereof, (ii) any and all covenants,
conditloiis and restrictions contained in any decd or other form of conveyance or in any
other ii:strument of inv nature that relate in any way or are applicable to the Property or
the o%\ncrship, use, construction, occupancy, possession, operation, maintenance,
alteratlo:i. repair or reconstruction thereof; (iii) CONTRACTOR'S presently or
subsequ`ntly effective bylaws and articles of incorporation or partnership, limited
partnership, joint venture, trust or other form of business association agreement, if any;
(iv) anN and all leases related to the Property, (v) other contracts, whether written or oral,
of anv nature that relate in any way to the Property or the Project and to which
CONT1,ACTOR may he bound.
(F) "Occupant Protection Plan" - The measures and management procedures that will be
taken during the lead-teased paint hazard control work and all related activities to protect
the occupants of the Property from exposure to any lead-based paint hazards.
(G) "Project" — the lead-based paint hazard control work and all related activities to be
perforn:_d on the Property by CONTRACTOR.
(H) "Propci ,v" — the real property and improvements located thereon as more particularly
describ_.1 in the deed to I IONIEOWNER, commonly known as 4369 Hemphill Street
Fort 11 , rth, TX 76115.
(I) "Subco„tractor" — Any person, firm or corporation that has a direct contract, whether oral
or writt.:n. with CONTRACTOR to perform any portion of the Project or to provide
matcria:.� or equipment to be incorporated into the Project.
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(J) "Work" — All labor necessary to complete the Project required by the Work Write-Up,
and all :natcrials and equipment incorporated or to be incorporated in the Project during
the cou:'.;e of such lead-based paint hazard control work.
(K) "Worl: ',Vritc-Up — Any specifications, plans and drawings required by the CITY and
the itct::izcd list of all work approved by the CITY, together with any change orders
approv c:J by the CONTRACTOR, the Homeowner and the CITY.
II. TERM
2.1 Except as other.\ise provided for herein, this CONTRACT shall commence immediately upon its
execution and � Ii ill terminate on the earlier of(a) 60 days, or (b) Project completion.
III. RESPONSIBILITIES
3.1 CONTRACT(;'; hereby accepts the obligation to perlorm in a satisfactory and efficient manner,
as solely dctcni-I icd by CITY. all services and activities required of it in this CONTRACT.
3.2 No later than _,xccution of this CONTRACT, CONTRACTOR shall designate in writing a
representative responsible for the management of all matters pertaining to this CONTRACT.
3.3 The Director of' the HOUSING DEPARTMENT or his or her designate shall be CITY'S
representative r sponsible for the administration of this CONTRACT.
3.4 Communicatio..s between CITY and CONTRACTOR shall be directed to the designated
representatives , 'each as set forth in paragraphs 3.2 and 3.3.
IV. 'O\IPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS
4.1 CONTRACT('.: understands and acknowledges that funds provided to it pursuant to this
CONTRACT funds that h.iv,e been made available to CITY by HUD under its Lead-Based
Paint Hazard C %)mrol Program and in accordance with City's HUD-approved Grant Application
along with ofl-_,: specific assurances made by CITY. CONTRACTOR, therefore, promises that
it will comply %,,ith all the requirements of the Community Development Act and its related
regulations. C; )N"IRACTOR understands and acknowledges that the Community Development
Act or its rclat_d rc21ulations do not constitute a complete compilation of all duties imposed upon
CONTRACTC:Z by law or administrative ruling. nor do they limit the standards that
CONTRACTC.' must follow. Therefore, CONTRACTOR understands that if the regulations
promulgated pi.rsuant to the Community Development Act and/or the Lead-Based Paint Hazard
Control Proui%i:n are amended or revised. it shall comply with them or otherwise immediately
notify CITY p,,,:;uant to the provisions of Article XXXV of this CONTRACT.
4.2 CONTRACT( understands that summaries of certain compliance requirements mandated by
applicable fed_ .,,tl laws or regulations are contained in Housing Department Rehabilitation and
Development Specification 101 and in the U.S. Department of Housing and Urban
Development. ' c:id Paint Safcty (Field Guide), copies of which have previously been provided
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to CONTRAG', OIy. and that CONTRACTOR must at all times remain in compliance therewith.
CONTRACT(::: fUrther understands that said summaries are intended only as such and in no
way are meant :,) constitute a complete compilation of all duties imposed upon CONTRACTOR
by law or admi::istrative ruliMI. or to limit or narrow the standards which CONTRACTOR must
follow.
4.3 CONTRACT(:.; warrants that all contractors and subcontractors receiving funds in connection
with this Prof. _t are familiar with. and shall comply with, any and all applicable rules and
regulations per-wining to HUD'S Lead-Based Paint Hazard Control Program and that a copy of
the U.S. Dep r- !nciit of Housing and Urban Development, Lead Paint Safety (Field Guide) will
be included as , .irt of every contract awarded in connection with this Project.
4.4 CONTRACTO:`, shall observe and comply with all city, state and federal laws, regulations,
ordinances anal :odcs affecting-, CONTRACTOR's operations pursuant to this CONTRACT.
V. LEGAL AUTHOIZITY
5.1 CONTRACT(Il". represents, warrants, assures and guarantees that it possesses full legal
authority, to c,�tcr into this CONTRACT and to perform all of its responsibilities required
hereunder.
5.2 CONTRACT( .,'S designated representative that executes this CONTRACT on
CONTRACT( .,'S behalf represents, warrants, assures and guarantees that he or she has full
legal authority to execute this CONTIACT on behalf of CONTRACTOR and to bind
CONTRACT(,;: to all terms, performances and provisions herein contained.
5.3 In the event tL t a dispute ari:,cs as to either CONTRACTOR'S legal authority to enter into this
CONTRACT ( the legal authority of CONTRACTOR'S designated representative that executes
this CONTRA' Ton behalf of CONTRACTOR, CITY shall have the right, at its option,to either
temporarily su. pend or terminate this CONTRACT. Should CITY temporarily suspend or
terminate this WNTRACT pursuant to this paragraph, however, CONTRACTOR shall be liable
to CITY for money it received from CITY for performance of any of the provisions
hereof.
Vl. M.AINT I,NANCE OF EFFORT
6.1 CONTRACTh( ..'. a,,rees that ,lie fiends and resources provided to it under the terms of this
CONTRACT .-dl in no way Uc substituted for funds and resources provided from other sources,
nor shall such . ends and resoi:rces in any way serve to reduce the funds, resources, services, or
other benefits hick would have been available to, or provided through CONTRACTOR had
this CONTRA l not been ex�-cutcd.
VII. P1 RFORMANCE BY CONTRACTOR
7.1 CONTRACT( in accordan, e and compliance "ith the terms, provisions and requirements of
this CONTRzA -F, and for each Property specified by CITY shall manage, perform and provide
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all of the actio; ;cs and servicc.s set forth in the Work Write-Up, attached hereto and incorporated
herein for all p x1)oses as Exhibit "A", to CITY'S satisfaction.
7.2 Modifications . r alterations to the Work Write-Up may be made only pursuant to the prior
written appro% of the HOUSING DEPARTMENT Director or his or her designate.
7.3 The Work to performed hereunder shall commence and end on the date specified in the
Notice to Proce d that is issued by CITY for the Property.
7.4 CONTRACT(., shall procure a state certified supervisor or project designer to prepare the
Occupant Prot: tion Plan.
7.5 All services p�•; Iormed hereunder shall be performed by certified lead firm and certified lead
personnel, cert: icd to perform lead-based paint activities in accordance with Sections 295.205-
211 of the Tex: L;nvironmental Lead Reduction RUICS.
7.6 CONTRACT(,,-" shall ensure that all Work performed hereunder shall be performed in
accordance \vi; , Section 295.2 12-214 of the Texas Environmental Lead Reduction Rules. CITY
reserves the ri !it to have personnel removed from the Project who are not performing their
services in ,i workmanlike and professional manner, and in accordance with Texas
Environmental '.cad Reduction Rules.
7.7 If CONTRAC'; OR observes that the Work Write-Up is at variance with applicable laws, rules,
ordinances. an ' 'or regulations bearing on the conduct of the work, it shall promptly notify the
HOUSING D1 ;'ARTMENT in writing.
7.8 Notwithstandi: , paragraph 7.7 hereinbove, if CONTRACTOR performs Work that it knows or
reasonably sho-Id know is contrary to or varies from any applicable law, rule, ordinance, and/or
regulation, an.! does not have written approval from the Texas Department of Health or the
CITY to condi .t such varian•_c, the CONTRACTOR shall bear all costs and damages arising
therefrom.
7.9 Upon complet; �n of the Wor;:, CONTRACTOR shall perform a visual inspection and sample
wipe analysis ( the Property to ensure that the Property is cleared of all surplus material, hazard,
waste, refuse c'.'.t and rubbish resulting from the Work performed hereunder.
7.10 If performance ny CONTRACTOR is delayed as a direct result of riot, insurrection, fire, act of
God, or operat: )n of law, the {_'ONTRACTOR shall notify CITY in writing of the delay and the
reasons thcref, within three (3) calendar clays following the start of the delay, and upon written
approval by C i : Y. CONTRACTOR shall extend the allotted time for completion of the Work by
one (1) calends day for each clay lost.
VIl I. REIMBURSEMEN"1- I3Y CITY
8.1 In consideratk .i of CONTRACTOR's performance of its obligations in a satisfactory and
efficient mann_:- as determined solely by CITY, CITY agrees to reimburse CONTRACTOR for
all eligible exI n-ses incurrecl li reunder. Such reimbursements, however, shall be in accordance
with the %'Furl: .`,rite-Up and �:.all be subject to any and all limitations and provisions set forth in
this Article an.. in :article IX l._�reunder.
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8.2 Notwithstandi: , any other pr,wision of t11is CONTRACT, the total of all payments and other
obligations m_ is or incurred by CITY hereunder shall not exceed the sum of one hundred
thousand and i. '100 dollars (S 100,000.00).
8.3 It is expressly inderstood anti agreed by CITY and CONTRACTOR that CITY'S obligations
under this Art:' .le are continLcnt upon the actual receipt of adequate LBPHCP funds to meet
CITY'S liabili; .s hereunder. Should CITY not receive funds to make payments pursuant to this
CONTRACT ( should fund ti%vards be reduced, CITY shall notify CONTRACTOR in writing
within a reas(,.:able time aftc:- such fact has been determined and may, at its option, either
terminate this CONTRACT or reduce the amount of its liability accordingly.
8.4 It is expressly understood by CITY and CONTRACTOR that this CONTRACT in no way
obligates C M"S general fund monies or any other monies or credits of CITY.
8.5 CITY shall no; ')c liable for ani" CONTRACTOR cost, or portion thereof, which:
(A) Has b, n paid, reimb,.u-sed or is subject to payment or reimbursement from another
source:
(B) Was ir, erred prior to the commencement date or subsequent to the termination date of
this C('.'..TRACT spec:ized in Article I1 hereinabove;
(C) Is not :i strict accorcL.rnce with the terms of this CONTRACT, including all exhibits
attache hereto;
(D) Has n( ' been billed to CITY within thirty (30) calendar days following billing to
CON"I , .:ACTOR, or tcrmination of this CONTRACT, whichever is earlier; or
(E) Is not a:, allowable cost as defined by the Work Write-Up.
8.6 City shall not I. 2 liable for any CONTRACTOR cost, or portion thereof, which is or was incurred
in connection ith an activity of CONTRACTOR NN'here:
(A) Prior %,,.,ittcn authorization fi-om CITY is required l'or the activity and such authorization
was nc, 'first procured: cr
(B) CITY ! is requested that CONTRACTOR furnish data concerning such activity prior to
procec. 1 ig further and CONTRACTOR nonetheless proceeds without first submitting
the req. _sted data and receiving CITY approval.
8.7 CITY shall r, t be obligated or liable under this CONTRACT to any party, other than
CONTRACT( for payment of any monies or provision of any goods or services.
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IX. RECEIPT, DISBURSEMENT AND ACCOUNT
OF FUNDS BY CONTRACTOR
9.1 CONTRACT( ;\ understands and agrees that it shall maintain a separate numbered account for
the receipt . ,id disbursement of all funds received pursuant to the CONTRACT.
CONTRACTUS: further agrees that:
(A) Such a,�ount shall contain only funds received pursuant to this CONTRACT and that no
other f�::ids shall be mingled therewith;
(B) All ch. .ks and withdrawals from such account shall have itemized documentation in
suppor. .hcreof,
(C) Such a'_punt shall be maintained, under conditions approved by CITY, in a financial
instituti.vi having federal deposit insurance coverage, with any account balance
excecdi,;g the federal deposit insurance coverage likewise secured; and
(D) Upon CONTRACTOR's written request and solely within the discretion of CITY, an
alterna. ,,e accounting mechanism may be permitted, provided such alternative adheres at
all time to generally accepted accounting principals.
9.2 Regarding me.' od of payment, CITY and CONTRACTOR agree as follows:
(A) CON] `.ACTOR shall contact the HOUSING DEPARTMENT to inform it of completion
of Pro'_ :t and schedule signing for the request for payment. The request for payment
form \\:'.1 be provided by the HOUSING DEPARTMENT within three (3) days of
complc'ion of the Project.
(B) CON'[': ACTOR shall submit to CITY such other reports as may be required by CITY
under t. is CONTRACT.
9.3 Within ten (1( Business Days of City's written request, CONTRACTOR shall refund to CITY
any sum of m( .cy paid by CITY to CONTRACTOR later determined to:
(A) Be an ( erpayment to CONTRACTOR;
(B) Not to .,ave been spent by CONTRACTOR strictly in accordance with the terms of this
CON'l 1.,%CT; or
(C) Not su ,ported by adequate documentation to filly justify the expenditure.
9.4 Upon terrnina'. m of this CONTRACT, should any expense or charge for which payment has
been made be . ibsequently dis.►llovved or disapproved as a result of any auditing or monitoring
by CITY, 1 R . ,, or any other authorized governmental agency, CONTRACTOR shall refund
such amount - ,ithin five (5) Business Days. Refunds of disallowed or disapproved costs,
however, steal; not be made from funds received pursuant to this CONTRACT or from funds
received from r through the federal government or CITY.
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9.5 In the event .'Mt the actual amount expended by CONTRACTOR to meet the level of
performance s: .:cified in the Work Write-Up, or any amendment thereto, is less than that amount
provided to C )NTRACTOR pursuant to this CONTRACT, then CITY reserves the right to
reappropriate ( - recapture any such under expended funds.
9.6 Utilizing a fo: iat approved by CITY, a "Contract Close-Out Package", together with a final
expenditure rc ,ort, for the period commencing on the date of CONTRACTOR's last invoice
requesting rei:.ibursement of fields pursuant to this CONTRACT, shall be submitted by
CONTRACT( ',, to CITY within fifteen (15) Business Days following the expiration of the term
of this CONhI \CT.
X. SPECIAL CONDITIONS
10.1 CONTRACT( understands and agrees that notwithstanding Article 11 hereof, the term of this
CONTRACT )es not obligate CITY to provide funds beyond City's fiscal year 2004-2005.
Xl. Ft I 1-1-1 F R REPRESENTATIONS, WARRANTIES AND COVENANTS
11.1 CONTRACT( .' further represents and warrants that:
(A) All inf .�mation, data or reports heretofore or hereafter provided to CITY and relied upon
by it I' purposes of this CONTRACT is, shall be and shall remain complete and
accura! as of the date shown on the information, data or report, and that since said date
sllo\\n. ,hall not have undergone any significant change without written notice to CITY;
(B) Any su ,porting financial statements heretofore or hereafter provided to CITY are, shall
b,2 and hall remain complete, accurate and fairly reflective of the financial condition of
CONT! .ACTOR on the date shown on said statements and during the period covered
thcrcb\ . and that since said date shown, except as provided by written notice to CITY,
there 1. ; been no material change, adverse or otherwise, in the financial condition of
CONT "ACTOR,
(C) No li,:,ation or proceedings are presently pending or threatened against
CONT' .ACTOR;
(D) None , .' the provisions contained herein contravene or in any way conflict with the
authori under which CONTRACTOR is doing business or with the provisions of any
existin indenture or agreement of CONTRACTOR;
(E) None F the assets ol' CONTRACTOR are- currently or for the duration of this
CONTACT,:ACT anticipated to be subject to any lien or encumbrance of any character,
cxecpt ')r current taxes not delinquent and except as shown in the financial statements
provid ! by CONTRACTOR to CITY.
11.3 Each of the fu: -going representations, warranties and covenants shall be continuing and deemed
repeated each ..nie CONTRACTOR submits a new request for payment in accordance with the
terms, provish i and requirements of this CONTRACT.
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XII. MAINTENANCE OF RECORDS
12.1 CONTRACT(:.; agrees to maintain records that will provide accurate, current, separate, and
complete disc: :sure of the status of any funds received pursuant to this CONTRACT.
CONTRACT( further agrees:
(A) That n. :intenance of said records shall be in compliance with all terms, provisions and
re(luirc.:Icnts of this CONTRACT and with all applicable federal and state regulations
estabIL",,ing standards for financial management; and
(B) That C, )NTRACTOR's record system shall contain sufficient documentation to provide
in detai; 6111 support and justification for each expenditure.
12.2 CONTRACT( agrees to retain, for the period of time and under the conditions specified by
CITY, all bo( records, documents, reports, and written accounting polices and procedures
pertaininu to ti, operation of programs and expenditures of funds under this CONTRACT.
XIII. ACCESSIBILITY OF RECORDS
13.1 At any reason: .,le time and as often as CITY may deem necessary, CONTRACTOR shall make
all of its recoi available to CITY, HUD, or any of their authorized representatives, and shall
permit CITY, iUD, or any of their authorized representatives to audit, examine, and make
excerpts and/u: .opies of same. CONTRACTOR's records shall include, but shall not be limited
to, the followi: payroll, personnel and employment records; contracts; and invoices.
XIV. PERFORMANCE RECORDS AND REPORTS
14.1 As often and ':i such form as CITY may require, CONTRACTOR shall furnish CITY such
performance 1 cords and reports as deemed by CITY as pertinent to matters covered by this
CONTRACT.
14.2 As of the c� :unencement date of this CONTRACT, CONTRACTOR agrees to gather
information ai. : data relative to all programmatic and financial reporting.
XV. MONITORING AND EVALUATION
15.1 CITY shall pe. . )rm on-site monitoring of CONTRACTOR'S performance pursuant to the terms
of this CONTI 'XT.
15.2 CONTRACT(- '. agrees that CITY may carry out monitoring and evaluation activities so as to
ensure compl is cc by CONTI,'ACTOR with this CONTRACT, the Community Development
Act, the 'Wor: Write-Up, the program assurances and certifications executed by CITY (if
applicable), a with all other laws, regulations and ordinances related to the performance
hereof.
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15.3 CONTRACT( agrees to cooperate fully with CITY in the development, implementation and
maintenance orecord-keeping systems and to provide CITY with any data determined by CITY
to be necessar. 1'or its effective fulfillment of its monitoring and evaluation responsibilities.
15.4 CONTRACT( agrees that it will cooperate with CITY in such a way so as not to obstruct or
delay CITY in its monitoring of CONTRACTOR's performance and that it will designate one of
its staff to coon :mate the monitoring process as requested by CITY.
15.5 After each ofli.:ial monitoring N isit, CITY shall provide CONTRACTOR with a written report of
monitorin17 lin.'i n,s.
15.6 Copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or
regulatory boc'.:.s shall be submitted to CITY within five (5) Business Days of receipt thereof by
CONTRACT( ;:.
XVI. EOt' \I, EMPLOYNIFNT OPPORTUNITY AND AFFIRMATIVE ACTION
16.1 CONTRACT( :: shall comply with all applicable local, state and federal equal employment
opportunity ar. : al'lirmative action rules, regulations and laws.
16.2 So that CIT ' can investigate compliance with local, state and federal equal employment
opportunity ar affirmative action rules, regulations and laws, CONTRACTOR shall furnish to
CITY any and :Jl information and reports requested by CITY, and shall permit access by CITY
of any and all ( :'Its books, records and accounts.
16.3 In the event of non-compliance by CONTRACTOR (or CONTRACTOR's Sub-contractors) with
local, state an! iederal equal employment opportunity and affirmative action rules, regulations
and laws, this CONTRACT may be canceled, terminated, or suspended by CITY, in whole or in
part, and CON : RACTOR may he barred from further contracts with CITY.
XVII. NONDISCRIMINATION
17.1 This CONTRz' 'T is made and entered into with reference specifically to Chapter 17, Article III,
Division 3 ("E;.iployment Practices"), of the Code of the City of Fort Worth (1986), as amended,
and Seller covenants and agrees that Seller, its employees, officers, agents, contractors or
Subcontractor.;, have fully complied with all provisions of same and that no employee,
participant, al- ,:icant, contractor or Subcontractor has been discriminated against according to
the terms of �.,ch CITY Ordinance by Seller, its employees, officers, agents, contractors or
Subcontractor:, herein.
XV!H. CONFLICT OF INTEREST
18.1 CONTRACT( `I: covenants that neither it nor any member of its governing body or of its staff
presently has ,::iy interest, direct or indirect, which would conflict in any manner or degree with
the performan.c ol,services rec;uired to be performed under this CONTRACT. CONTRACTOR
further covenc.:i:s that in the performance of this CONTRACT, no persons having such interest
shall be empl( _,d or appointee! as a member of its governing body or of its staff.
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18.2 CONTRA CT(;R further covenants that no member of its governing body or of its staff shall
possess any ir..erest in, or use their position for, a purpose that is or gives the appearance of
being motiyat(A by desire for private gain for themselves or others, particularly those with which
they have farm \, business, or ether ties.
18.3 No member of CITY'S governing body or of its staff who exercises any function or
responsibility in the review of approval of the undertaking or carrying out of this CONTRACT
shall:
(A) Particil,ate in any decision relating to this CONTRACT which may affect his or her
person:,l interest or the interest of any corporation, partnership, or association in which he
or she l:as a direct or indirect interest;
(B) Have any direct or indirect interest in this CONTRACT or the proceeds thereof
18.4 CONTRACTC R acknowledges that it has been informed that the CITY Charter and CITY Ethics
Code prohibit a CITY officer or employee, as those terms are defined in the Ethics Code, from
having a tinai.cial interest in uiv contract with the CITY or any CITY Agency such as city
owned utilities. An officer or employee has a "prohibited financial interest" in a contract with
the CITY or in the sale to the CITY of land, materials. supplies or services, if any of the
following indi\ idual(s) or entities is party to the contract or sale: a CITY officer or employee; his
or her parent. child or spouse; a business entity in which the officer or employee or his or her
parents, child or spouse owns ten (10) percent or more of the voting stock or shares of the
business entit\', or ten (10) percent or more of the fair market value of the business entity; or a
business entity in which any individual or entity above listed is a subcontractor on a CITY
contract, a partner or a parent or subsidiary business entity.
18.5 CONTRACT(:R warrants and certifies, and this CONTRACT is made in reliance thereon, that
it, its officer,. employees and agents are neither officers nor employees of the CITY.
CONTRACT( R further warrants and certifies that is has tendered to the City a Discretionary
Contracts Disclosure Statement in compliance with the CITY'S Ethics Code.
NIX. POLITICAL ACTIVITY
19.1 None of the p .-fonrnance rendered hereunder shall involve, and no portion of the funds received
hereunder shat: be used. either directly or indirectly, for any political activity including, but not
limited to. an acti\ ity to further the election or defeat of any candidate for public office or for
any activity u.idcrtaken to influence the passage, defeat or final content of local, state or federal
legislation.
XX. PUBLICITY
20.1 When appropi:atc, as determined by and upon written approval of CITY, CONTRACTOR shall
publicize the a tiv ities conducted by CONTRACTOR pursuant to the terms of this CONTRACT.
In any news i clease, sign, brochure, or other advertising medium disseminating information
prepared or cli. tributed by or for CONTRACTOR, however, mention shall made of HUD funded
CITY particip..tion having made the Project possible.
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XXI. PUBLICATIONS
21.1 All published materials and written reports submitted pursuant to this CONTRACT shall be
originally devcioped unless otherwise specifically provided for herein. If material not originally
developed is ii,cluded in a report, however, said material shall have its source identified, either in
the body of tl,e report or by lootnote, regardless of whether the material is in a verbatim or
extensive para;Ihrase format.
21.2 All published ;materials submitted pursuant to this Project shall include the following reference
on the front cover of title page:
"This document was prepared in accordance with the City of Fort Worth's Lead Based Paint
Hazard Control Program (A.L.E.R.T. Project), with funding received from the United States
Department ol-I lousing and Urban Development."
1X11. IZIGHTS TO PROPOSAL AND CONTRACTUAL MATERIAL
22.1 All finished o,- unfinished reports, documents, data, studies, surveys, charts, drawings, maps,
models, phot,,raphs, designs, plans, schedules, or other appended documentation to any
proposal or coi tract, and any responses, inquiries, correspondence and related material submitted
by CONTRACTOR, shall, upon receipt, become the property of CITY.
XX1II. DEBARMENT CLAUSE
23.1 CONTRACTC,IR certifies that neither it nor its principals are presently debarred, suspended,
proposed for ('cbarment, declared ineligible or voluntarily excluded from participation in this
CONTRACT 'i y l IUD or any other federal department or aoency.
XXIV. SUB-CONTP.ACTINTG
24.1 Any other cl�r:se of this CONTRACT to the contrary notwithstanding, none of the work or
services cover,.-d by this CONTRACT shall be sub-contracted without the prior written approval
of CITY. Ani work or services approved for sub-contracting hereunder, however, shall be sub-
contracted onll• by written contract or agreement and, unless specific waiver is granted in writing
by CITY, sh:i] be subject by its terms to each and every provision of this CONTRACT.
Compliance. 1�v Subcontractors with this CONTRACT shall be the responsibility of
CONTRACT(;R.
24.2 CONTRACT( R shall ensure that all Subcontractors are certified, reputable and competent.
24.3 CONTRACT(,I: shall provide to CITY copies of all certificates of its employees,
Subcontractor,, and their employees who will be performing work which requires a certificate
under the Texa; Environmental Lead Reduction Rules. Such certification shall provide the name
of the certified worker and the certificate number.
12
24.4 CONTRACT( �R agrees that no subcontract approved pursuant to this CONTRACT shall provide
for payment oii a "cost plus a percentage ofcost" basis.
24.5 Despite CITY approval of a subcontract, CITY shall in no event be obligated to any third party,
including any SUbcontractor of CONTRACTOR, for performance of work or services, nor shall
CITY funds cvcr be used for payment of work or services performed prior to the date of
CONTRACT execution or extending beyond the date of CONTRACT termination.
XXV. CHANGES AND AMENDMENTS
25.1 Except when '.he terms of this CONTIZACT expressly provide otherwise, any alterations,
additions, or deletions to the terms hereof shall be by amendment in writing executed by both
CITY and CO'JTRACTOR.
25.2 Whenever anLl its often as deemed necessary by CITY, CITY may request and require changes to
CONTRACT( !Z's Work Writc-Up. Cham-les as rcquestcd or required by CITY, however, must
be by written : mendment and may incorporate increases to the terms, provisions and conditions
of this CON"I':,.ACT.
25.3 Except pursuaVIt to (a) prior submission by CONTRACTOR of detailed information regarding
budget and I'r,,_jcct revisions and (b) prior written approval thereof by CITY, CONTRACTOR
shall neither i;)ake transfers between or among line items set forth in the Work Write-Up.
Instead, CO',,,,' AZACTOR shall request Work Write-Up revisions in writing and in a form
prescribed by CITY; such request for revisions, however, shall not increase the total monetary
obligation of CITY as provided for pursuant to this CONTRACT, nor shall said revisions
significantly c:.ange the nature. intent, or scope of the Project funded hereunder.
25.4 In the event h<<t the level of funding for CONTRACTOR or for the Project is altered,
CONTRACT( )iZ shall submit. immediately upon request by CITY, a revised Work Write-Up
and Project in")rmation so as to enable re-evaluation by CITY of the original funding levels set
forth in the or: incl Work Write-Up.
25.5 It is understoo.: and agreed by the Parties that changes in applicable local, state and federal rules,
regulations or :aws may occur during the term of this CONTRACT and that any such changes
shall be autos. ;tieally incorporated into this CONTRACT without written amendment, and shall
become a part ,)f this CONTRACT as of the effective date of the said rule, regulation or law.
25.6 CONTRACT( ;Z agrees to notify CITY in writing of any proposed change in physical location
for Work to i performed pursuant to the terms of this CONTRACT. Such notice shall be
provided by ( CONTRACTOR to CITY at least thirty (30) calendar days in advance of the
proposed ch,u.
XXVI. SUSPENSION OF FUNIANG
26.1 Upon detcrn..:.anon by CITY of CONTRACTOR's failure to timely and properly perform
pursuant to tl.: provisions of this CONTRACT, CITY, without limiting or waiving any rights it
may otherwise [mve, may, at its discretion and upon five (5) Business Days' written notice to
13
CONTRACT(':Z, %%ithhold further payments to CONTRACTOR. City's notice shall specifically
set forth CON IZACTOR'S dclIault or failure as well as the action required for cure.
26.2 The period ol' funding suspension shall be of such duration as is appropriate to accomplish
corrective act),,n. but in no evcnt shall it exceed thirty (30) calendar days. Upon expiration of
the suspensio,: ;)criod:
(A) Should CITY determine that the default or deficiency has been cured, CONTRACTOR
mai be restored to full compliance status and paid all eligible funds withheld during the
suspen ion period: or
(B) Should CITY determine continued non-compliance, the provisions of Article XXVII
hercun : r may be effectuated.
XXVII. TERMINATION
27.1 "Termination" of' this CONTI'yACT shall mean termination by expiration of the CONTRACT
term or earlier .ermination pursuant to any of the provisions hereof.
27.2 CITY may terminate this CONTRACT for any of the following reasons:
(A) NeLlc,� or failure by CONTRACTOR to perform or observe any of the terms, conditions,
covcn,::Js or guarantee:; of this CONTRACT or of any written contract or amendment
bet\%c� : CITY and CONTRACTOR:
(B) Termii. :tion or reduction of funding of the A.L.E.R.T. Project by HUD;
(C) Failure )N CONTRACTOR to cure, within the period prescribed pursuant to
the abk,-,,c Article XXV 1 of this CONTRACT, any default or deficiency which was the
basis it r said suspension of funding;
(D) Findin_, by CITY that CONTRACTOR:
(1) l., in such unsatisfactory financial condition as to endanger performance under this
)NTRACT, including, but not limited to:
(, I lie apparent inability of CONTRACTOR to meet its financial obligations;
(1 Items that reflect detrimentally on the credit worthiness of CONTRACTOR,
11 cluding. but not limited to, liens. encumbrances, and the like on the assets of
CONTRACTOR.
(�) 1 .:is ,allocated in%.,ntory to this CONTRACT substantially exceeding reasonable
r .luirements', or
(3) 1. delinquent. in the ordinary course of business, in the payment of state or federal
:cs or in the pay nment of costs of performance of this CONTRACT;
14
(E) Appoin.mcnt of a trustee, receiver or liquidator for all or a substantial part of
CONTi:ACTOR's property, or institution of bankruptcy, reorganization, rearrangement
of or li, uidation proceedings by or against CONI'R:ICTOR;
(F) The ci .ry by a court of competent jurisdiction of a final order providing for the
modiii.;ition or alteration of the rights of CONTRAC'TOR'S creditors;
(G) Inabilit:,, by CONTRACTOR to conform to changes in local, state and federal rules,
regulat:.)ns and laws as provided for in Article IV and in paragraph number 25.5 of this
CONT-: ACT;
(H) Violati, n by CONTRACTOR of any rule, regulation or law to which CONTRACTOR is
bound under the terms of this CONTRACT, and
(I) Failure to complete the Project in accordance with the completion date set forth in the
Noticc :o Proceed issued by CITY to CONTRACTOR.
27.3 CITY may ter Jnate this CONTRACT for convenience at any time after which CONTRACTOR
shall be paid ;; i amount not to exceed the total accrued expenditures as of the effective date of
termination. 1,i no event, however, will compensation to CONTRACTOR exceed an amount
which bears t.;e same ratio to the total compensation as the services actually performed by
CONTRACT( :\). bears to the total services required of CONTRACTOR, less payments
previously nui 2.
27.4 CONTRACT( :Z may terminate this CONTRACT for any of the following reasons:
(A) Ces'sati n of outside funding upon which CONTRACTOR depends for performance
hercun_:er: or
(B) Upon t; c dissolution of CONTRACTOR'S organization, provided such dissolution was
not occ ;ioned by a broach of this CONTRACT.
27.5 Upon a dceisik n to terminate by either CITY or CONTRACTOR, written notice of such, and the
effective date '. ..roof, shall be immediately provided to the ether Party.
27.6 Upon receipt 1' notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise
terminate am outstanding orders or subcontracts that relate to the performance of this
CONTRACT. To this effect, CITY shall not be liable to CONTRACTOR or CONTRACTOR's
creditors for --y expense, encumbrances or obligations whatsoever incurred after the date of
termination.
27.7 Upon receipt notice to terminate, all finished or unfinished documents, data, studies, surveys,
charts, dm\\ii. s. maps, models, photographs, designs, plans, schedules, or other appended
document,,tion to any proposal or contract, prepared by or on behalf of CONTRACTOR under
this CONTRA( shall, at the option of CITY, and in accordance with Article XXII, become the
property of'Cl Y and shall. if requested by CITY, be delivered by CONTRACTOR to CITY in a
timely and cxl J'1t1i0us manner.
15
27.8 Within thirty ;U) days after receip of notice to terminate, CONTRACTOR shall submit a
statement to C. F1' indicating in detail the services performed under this CONTRACT prior to
the effective d_ -c of termination.
27.9 Any ternwiatk :, of this CONTRACT as herein provided shall not relieve CONTRACTOR from
the payment u., any sum(s) that shall then be due and payable or become due and payable to
CITY hercum: •r or as provided for at law or in equity, or any claim for damages then or
therefore accr.,;n�-, against CONTRACTOR hereunder or by law or in equity, and any such
termination sh,i!I not prevent CITY from enforcing the payment of any such sum(s) or claim(s)
for damagcs fr m CONTRACTOR. Instead, all rights, options, and remedies of CITY contained
in this CONT1,ACT shall be construed and held to be cumulative and no one of them shall be
exclusive of tl.; other, and CITY shall have the right to pursue any one or all such remedies or
any such other .emedy or relief which may be provided by law or in equity whether or not stated
in this CON"1"1' QCT.
27.10 Should this (',)NTRACT be terminated by either party hereto for any reason, including
termination u; .lcr Section 27.3 of this CONTRACT, if the work required hereunder of
CONTRACT(:". is not fully competed to the satisfaction of CITY in accordance with the terms
of this CONTI .QCT, CONTRACTOR shall refund any and all sums of money paid by CITY to
CONTRACTC.: within ten (10) Business Days of City's written request thereof.
27.11 Upon tcrmirn_ ion of this CONTRACT by CITY under paragraph number 27.2(A),
CONTRACT(-.Z shall be barred from future CONTRACTS with CITY absent the express
written conscr, of the City Manager of CITY, or his or her designate.
XXVIII. NOTIFICATION OF ACTION BROUGHT
28.1 In the event th:.'_ any claim, demand, suit, proceeding, cause of action or other action (hereinafter
collectively i icrred to as "claim") is made or brought against CONTRACTOR,
CONTRACT( .' shall give written notice thereof to CITY within two (2) Business Days after it
being noti!fed. CONTRACTOR's notice to CITY shall state the date and hour of notification to
CONTRACT(..". of the claim; the names and addresses of those instituting or threatening to
institute the cl: :m, the basis of the claim; and the name(s) of any others against whom the claim
is being made .)r threatened. Written notice pursuant to this Article shall be delivered either
personally or I mail in accordance with Article XXXV of this CONTRACT.
XXIX. ASSIGNMENTS
29.1 CONTRACT( shall not transfer, pledge or otherwise assign this CONTRACT, any interest in
and to same. r inv claim arising thereunder, without first procuring the written approval of
CITY. Any cmpt at translcr, pledge or other assignment shall be void ab initio and shall
confer no riLh: upon an,' third person.
16
XXX. SEVERABILITY OF PROVISIONS
30.1 If any clause c- provision of this CONTRACT is held invalid, illegal or unenforceable under
present or futu: federal, state or local laws, including but not limited to the CITY Charter, CITY
Code, or CITE' ordinances, then and in that event it is the intention of the Parties that such
invalidity, or unenforceability shall not effect any other clause or provision hereof and
that the remail :cr of this CONTRACT shall be construed as if such invalid, illegal or
unenforceable hose or provision was never contained herein; it is also the intention of the
Parties that in ,:-'u of each clause or provision of this CONTRACT that is invalid, illegal, or
unenforceable. 'here be added as a part of the CONTRACT a clause or provision as similar in
terms to such !.,valid, illegal or unenforceable clause or provision as may be possible, legal, valid
and enforceab:2.
XXXI. REINE VV'AL NOT AUTOMATIC
31.1 Funding wicicr '.his CONTRACT and any amendments or waivers that may be made or granted
hereunder shaiwt be automatically renewed on the anniversary date of this CONTRACT. To
the contrary. I" iding of any project requiring contract execution shall be provided only upon
approval oI'd i CITY COUNCIL.
XXXII. NON-WAIVER OF PERFORMANCE
32.1 No waiver by ITY of a breach of any of the terms, conditions, covenants or guarantees of this
CONTRACT . 'gall be construed or held to be a waiver of any succeeding or preceding breach of
the same or v other term, condition, covenant or guarantee herein contained. Further, any
failure of CI'1 .' to insist in any one or more cases upon the strict performance of any of the
covenants of 1..':s CONTRACT. or to exercise any option herein contained, shall in no event be
construed as waiver or relinquishment for the future of such covenant or option. In fact, no
waiver, chane:. modification or discharge by either Part), of any provision of this CONTRACT
shall be deem _i to have been made or shall be effective unless expressed in writing and signed
by the Parte t� c charged.
32.2 No act or onli ion of CITY shall in an), manner impair or prejudice any right, power, privilege,
or remedy av;. 'able to CITY hereunder or by law or equity, such rights, powers, privileges, or
remedies to b. .Iways specifically preserved hereby.
32.3 No represcmw.,,,e or agent of CITY may be waive the effect of the provisions of this Article.
XX'XIII. ENTIRE AGREEMENT
33.1 This CONTIZ. -T constitutes the final and entire agreement between the Parties and contains all
of the terms A conditions agreed upon by them. No other agreements, oral or otherwise,
regarding t;ie : abject matter of this CONTRACT shall be deemed to exist or to bind the Parties
unless sari. b: 'n ,\riting, dated subsequent to the date hereof, and duly executed by the Parties.
17
XXXIV. INTERPRETATION
34.1 In the event , iv disagrcemernt or dispute should arise between the Parties pertaining to the
interpretation rncaning of any part of this CONTRACT or its governing rules, regulations,
laws, codes o: ordinances, CITY, as the Party ultimately responsible to HUD for matters of
compliance. sl. X11 have the final authority to render or secure an interpretation.
XXXV. NOTICES
35.1 For purposes I' this CONTRACT, all official communications and notices among the parties
shall be dean. I sufficient if in writing and mailed, registered or certified mail, postage prepaid,
to the address,,, sct forth below:
C VYY:
Jerome C. Walker, Director
I lousing Department
1000 Throckrnorton St.
Fort Worth, Texas 76102
CONTRACTOR:
Kenneth Williams
SOP Builders
810 A]tamesa
Fort Worth TX 76133
Notice of cha: cs of address by either Party must be made in writing delivered to the other
Party's las; kr vvii address within five (5) business days of such change.
XXXVI. PARTIES BOUND
36.1 This CONTR.',CT shall be binding on and inure to the benefit of the Parties and their respective
heirs, execut(':s, administrators, legal representatives, successors and assigns, except as
otherwise cxp. :ssly provided herein.
XXXVII. GENDER
37.1 Words of `,cr. :cr used in this CONTRACT shall be held and construed to include the other
gender, and %\ rds in the singular number shall be held to include the plural, unless the context
otherwise rcq: res.
XXXV I11. RELATIONSHIP OF PARTIES
38.1 Nothing contut .,cd herein shall be deenied or construed by the Parties or by any third party, as
creating the rc�' :ti��nship of principal and agent, partners,joint venturers or any other similar such
relationship b� ween the parties hereto.
18
XXXiX. TEXAS LAW TO APPLY
39.1 THIS AGREV:VIENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH
THE LAWS ( T THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE PARTIES
CREATED HI I\"1,.UNDER ARE PERFORMABLE IN TARRANT COUNTY, TEXAS.
XL. LIQUIDATED DAMAGES
40.1 CONTRACT(;\" .ii-id CITY recomlize that time is of the essence of this CONTRACT and that
CITY will sut,',-�r lirnancial loss if the Project is not completed within the times specified in the
Notice to Pro:-,ed (hereinafter "NTP"). The Parties also recognize the delays, expense, and
difficulties in i roving in a legal proceeding the actual loss suffered by CITY if the Project is not
completed on time. Accordingly, instead of requiring such proof, CITY and CONTRACTOR
agree that as h ;uidated clamaces for delay only, and not as a penalty, CONTRACTOR shall pay
CITY $100.0(; for each clay that expires after the time specified in the NTP and shall continue to
pay such amou:lt until the Project is completed.
XLI. FAILED CLEARANCES
41.1 CONTRACT(;!\" shall be held responsible for all costs associated with re-testing, which includes
but is not lim :d to wipe samples (at cost not to exceed $25.00 per sample) and consultant's
time (at cost oi'$75.00 per hour, if a consultant is retained), due to failure to clear Project of all
lead hazards.
XL1I. CAPTIONS
42.1 The captions >n.airned in this CONTRACT are for convenience of reference only, and in no
way limit or the terms and/or conditions of this CONTRACT.
19
CITY OF FORT WORTH HOUSING DEPARTMENT
INDEMNIFICATION AND RELEASE STATEMENT
To the extent pernwccl by law, CONTRACTOR assumes entire responsibility and liability for losses,
expenses, demands. and claims in connection with or arising from any injury, or alleged injury
(including death) to :,m' person, or damage, or alleged damage to property sustained or alleged to have
been sustained in co:.rncction with or to have arisen from or resulting from the performance of services
or operations by C(`' RACTOR, and including losses, expenses, or damages sustained by CITY, its
agents, representati% s, and employees from any and all such losses, expenses, damages, demands, and
claims, and agrees to poly the cost to defend any suit or action brought against them, or any of them,
based on any such a',e`�ed injury or damage, and to pay all damages, costs, and expenses in connection
with or resulting thcrAfrom.
CONTRAC-f Ol: covenants and aurees to FULLY INDEMNIFY and HOLD HARMLESS the
CITY and its officc:s. employees, volunteers anti representatives, individually or collectively, from
and against any a _l all costs, claims, liens. damages, losses, expenses, fees, fines, penalties,
proceedings, actions. cicmands, causes of action. liability and suits of any kind and nature, including
but not limited to, p_:-soiial or bodiIN' injury, death and property damage, made upon the CITY directly
or indirectly arisiri- out of, resulting from or related to CONTRACTOR'S activities under this
CONTRACT, inclu :in`, any acts or omissions of CONTRACTOR, any agent, officer, director,
representative offic. rs. a,ents, employees, directors and representatives while in the exercise of
performance of the :-iLhts or dutic, under this CONTRACT. The indemnity provided for in this
paragraph shall not al-ply to any liability resulting from the negligence of CITY, its officers or
employees.
The provisic- s of this indemnification are solely for the benefit of the Parties and not intended
to create or grant an: rights, contractual or otherwise, to any other person or entity.
CONTRACT )i: shall promptly advise the CITY in writing of any claim or demand against the
CITY or CONTRA, TOR known to CONTRACTOR related to or arising out of CONTRACTOR'S
activities under this 'ONTRACT.
[THE R -,NIAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
20
RELEASE
Contractor agrees b, and shall release CITY, its agents, employees, officers, and legal representative
from any liability a i, out of the sole and'or concurrent negligence of the CITY for injury, death,
damage or loss to p—sons sons or property sustained in connection with or incidental to performance under
this CONTRACT, �.vcn if the injury, death, damage, or loss is caused by the CITY'S sole or
concurrent negligen_. and / or the CITY'S strict products liability or strict statutory liability.
CONTRACTOR
u orired Re��� escntative Date
EXECUTED this t . �,,/,day of 1–C 12005.
CITY OF FORT V Jl?TH, TEXAS SOP BUILDERS
By: ��—
Dale Fisselercn etli Williams
Assistant City ..Tanager resident
APPROVED AS 7 :► l;ORM:
:attested By:
� C
",eJa4to PQ�tyA-- Hen iti
Assistant City Att► nc�' City Secretary
NO M&C REQUIRED
Attachments:
Exhibit "A" Work '+'rite-Up
21
r
+ PROJECT DESCRIPTION
i
HOUSING �
DEV EMPER
Housing Colltr action and
Ycc�jtxt Ma tioftware
02 /11/2005
r%ectsCDo -3 4369C=CE_
Project Name: 4369 Hemphill Street
Owner: SILVERIO & MARIA LIMON
Neighborhood:
Project Type: LEAD ABATEMENT
Developer:
Date Modified: 02/11/2005
Note
ADDRESS DESCRIPTION
HOUSING
DEVEWPER
. p - R - 0 a
Housing Cc)n^seruction and
Pr())LLt Managenwnt tioftwam
02 /1112006
Project: 4369 Hemphill Street
Address: 4369 Hemphill Street
City: Fort Worth
State: TX Zip Code: 76115
Structure Type: Single-Family Detached
Vumber of Dwellings: 1
Square Feet Common: 1,260
hL
HOUSING SPECS BY LOCATION/TRACE
DnWPER I
•P•R-O
02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0002.1 REHABILITATION TECH INPUT 1.00 GR
SPECIFICATION ON THIS PROJECT HAVE
BEEN INPUT INTO HOUSING DEVELOPER
PRO BY.
ELI I. VILLANUEVA
REHABILITATION TECH
ANY QUESTION OR CONCERNS REGUARDING
THIS PROJECT MUST CONTACT
REHABILITATION TECH SIGNED ABOVE AT
817-392-7378.
0004.1 BID GRAND TOTAL 1.00 GR
Grand total for all trade/location bids.
$ - REHAB BID
$ - L.B.P. BID
$ - TOTAL
0014.1 CONTRACTOR ACCEPTS SCOPE OF WORK 1.00 DU
The.undemign-ed.cantractor cedifies_thatheLshe
has carefully reviewed & agrees to perform the
work described in this Work Writ Up U) with
the "Date Inspected" date of -3 65 &
referred to as Exhibit 1. The contractor shall initial
& date each page of the WWU.
Contractor Date
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER'
•P•R•O
..w I
02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0015.1 REHAB TECH ACCEPTS SCOPE OF WORK 1.00 DU
The undersigned Rehab Tech certifies that he/she
has participated in the development of this Work
Write Up (WWU) with the "Date Inspected" date of
and referred to as Exhibit 1.
After careful review, the Rehab Tech has provided
this WWU to potential contractors for bid
consideration and/or to the homeowner for review.
X
Rehab Tech
Date
0024.1 MANUFACTURER'S SPECS PREVAIL 1.00 GR
All materials shall be installed in full accordance
with the manufacturer's specifications for working
conditions, surface preparation, methods,
protection and testing.
0031.1 CONSTRUCTION DEFINITIONS 1.00 GR
"Install" means to purchase, set up, test and
warrant a new component. " Replace" means to
_remov-e—and-di-SPM-e_Q_f originaLmaterial, P-urchase
new material, deliver, install, test and warrant.
"Repair" means to return a building component to
like new condition through replacement,
adjustment and recoating of parts. "Reinstall"
means to remove, clean, store and install a
component.
0034.1 LINE ITEM BREAKDOWN 1.00 DU
The apparent winning bidders shall provide the
owner with a line item cost breakdown within 3
working days of a request.
(HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
,P-R-0 .
02/11/2005
Mill
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill S1
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0035.1 VERIFY QUANTITIES/MEASUREMENTS 1.00 GR
All measurements (i.e SF of Drywall, or those
provided w/ drawings) are for the contractor's
convenience prior to a mandatory site inspection
to verify all dimensions. All quantities (i.e.number
of window units) are as stated. No claim for
additional funds due to discrepancies in
measurements or quantities shall be honored if
not submitted at the time of the initial proposal.
0036.1 BUILDING PERMIT REQUIRED 1.00 EA
The contractor is responsible for submitting this
owner-prepared work write up to the building
department, applying for, paying for and receiving
a building permit prior to starting any work.
0046.1 PRE-CONSTRUCTION WALK-THRU 1.00 DU
The contractor, rehab specialist and owner will
perform a walk-thru of the property together to
clarify the work to be performed before
construction begins.
0060.1 JOB BEHAVIOR 1.00 GR
The following behaviors in any worker shall not be
-permitted-and-may-r-esu[t-in the-terminiat on-0f4he
contract for cause: swearing, drinking alcoholic
beverages on site and racist remarks.
0077.1 NEW MATERIALS REQUIRED 1.00 GR
All materials used in connection with this work
write-up are to be new, of first quality and without
defects - unless stated otherwise or pre-approved
by Owner and Rehab Tech.
0078.1 WORKMANSHIP STANDARDS 1.00 GR
All work shall be performed by mechanics both
licensed and skilled in their particular trade as well
as the tasks assigned to them. Workers shall
protect all surfaces as long as required to
eliminate damage,
HOUSINGi SPECS BY LOCATION/TRADE
IIDEVELOPER
PiL�
02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0080.1 CODES AND ORDINANCES 1.00 GR
In the execution of the itemized scope of work, the
contractor shall facilitate inspection and comply
with all governing codes and ordinances of The
City of Fort Worth, The County of Tarrant, and the
State of Texas pertaining to building
construction,zoning,environmental protection,
energy efficiency and worker safety.
0085.1 CLOSE-IN INSPECTIONS REQUIRED 1.00 EA
Call the Rehab Tech for inspection of all work that
will be concealed from view before it is closed in.
This type of inspecion frequently includes, but is
not limited to footings, roof sheathing & flashing
prior to installation of new felt & shingles, and
repaired framing & decking prior to installation of
underlayment & floor coverings.
0090.1 1 YEAR GENERAL WARRANTY 1.00 DU
Contractor shall remedy any defect due to faulty
material or workmanship and pay for all damage
to other work resulting therefrom, which appear
within one year from final payment. Further,
c-antraotor.sh.alLfurnish-avv_aer with all
manufacturers' and suppliers' written warranties
covering items furnished under this contract prior
to release of the final payment.
0100.1 FURNITURE REMOVAL/REPLACEMENT 1.00 DU
Remove all furniture from rooms and store.
Owner to remove and store all small items.
Replace furniture upon copletion of work.
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
.,
H' 02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0121.1 FINAL CLEAN FOR LEAD 1.00 GR
Remove from site all construction materials, tools
and debris. Sweep clean all exterior work areas.
After completion, of all rehabilitation using safe
work practices and interim controls perform a final
clean. Wet mist, fold and remove all containment
plastic. Remove plastic from floors last. HEPA
vacuum all visible surfaces including clothing,
furniture, walls, floors and ceilings from the top
down of interior work areas, removeing all visible
dust, stains, labels and tags. Detergent scrub all
horizontal surfaces in small sections using a
3-bucket cleaning system. Completely rinse with
clean water and new supplies. after surface is
dry, HEPA vacuum all viisible surfaces except
ceiling. Clean all windows referenced in
specifications.
Trade: 9 Environmental Rehab
9000.1 LEAD SAFE WORK PRACTICES 1.00 GR
- -Orr-the-work-item-s flagged-as -interim-con-troll"-Gr
as requiring "lead safe work practices", workers
must use lead safe work practices per 24 CFR
35-1350. These practices are represented in the
"Lead Safety Field Guide" (Lead Paint Safety: A
Field Buide for Painting, Home Maintenance, and
Renovation Work) published by HUD,EPA, and
DCD as HUD Publication approved Lead Safe
Work Practices class. Work disturbing lead-based
paint is not considered complete until clearance, if
required, is achieved.
'
HOUSING SPECS BY LOCATION/TRADE
DSWPER I
.
P.R-0 .,
02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 1 GENERAL REQUIREMENTS i
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9001.1 WORKER TRAINING - INTERIM CONTROLS 1.00 GR
All persons carrying out activities flagged as
"interim controls" or as requiring "lead safe work
practices" must either be supervised by an EPA
abatement supervisor or provide proof of
completion of HUD- approved worker training
course in lead safe work practices prior to start of
work.
9003.1 LEAD ABATE, STAND & GUIDELINES 1.00 GR
The work performed shall comply with state,
federal and local laws. rules, requlations and
guidelines for lead-based paint removal for
residential structures. Procedures and equipment
required during the course of lead-based paint
removal must be in accordance with EPA 40 CFR
part 745, HUD 24 CFR Part 35, 29 CFR 1926.62
and Texas Department of Health Environmental
Lead Reduction rules. Paint chips and waste
associate with lead-based paint removal must be
disposed of in compliance with Environmental
protection Agency (EPA), State, and local
.___ requlations, reules, and laws.
9045.1 CONTRACTOR CERTIFICATION 1.00 AL
All contractors and subcontractors performing lead
work shall provide a copy of their certification prior
to commencement of work.
9053.1 LEAD WORKER -- PROTECTION 1.00 DU _
Persons carrying out lead hazard control activities
must comply with all applicable federal, state, local
laws and regulations related to safety in the
workplace including respiratory protection
program, personal pro- tective clothing, medical
surveillance, manda- tory training and all other
requirements of OSHA lead construction standard
(29 CFR 1926. 62).
HOUSING SPECS BY LOCATION/TRADE
`DEV
P•A O
7
M,
02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9056.1 PROTECTIVE CLOTHING 1.00 EA
Each abatement worker shall be provided with
disposable, hooded, footed overalls during
demolition, surface preparation, and paint removal
activities. Impervious rubber boots, gloves, face
shield, and chemical resistant overalls must be
provided when chemicals are used.
9057.1 WORKER TRAINING 1.00 AL
All persons carrying out abatement activities must
provide proof of completion of state or EPA model
worker training course in lead hazard
abatement,self protection and safe work practices
prior to comencement of work.
9058.1 SUPERVISOR TRAINING 1.00 AL
All persons supervising workers or legally
responsible for job conditions must provide proof
of successfull completion of the state or EPA
model supervisor training course in Lead Hazard
Abatement prior to commencement.
9088.1 WORKSITE PREPARATION 1.00 GR
91-00.1 WI-N-DOW-SITE PREPARATION 1.00 EA --
Provide work site preparation and occupant
protection in accordance with Lead-Based Paint
Guidelines when conducting window site work to
avoid Lead-Based Paint Hazards in Housing.
9102.1 POST WARNING SIGN 1.00 EA
Post exterior sign to warn occupants and the
public of hazardous lead conditions.
Bidder: Total:
HOG SPECS BY LOCATION/TRADE
DEVELOPER
•P•R•O •
02111/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 2 EXTERIOR
Spec Unit Total
Number Spec Quantity Units Price . Price
Trade: 9 Environmental Rehab
9456.1 WINDOW-VINYL SLIDING/DUAL GLAZED 18.00 EA J"
Remove existing wood window & parting bead &
dispose. Wet scrape interior& exterior casing, sill,
stool, frame & associated trim. (INTERIM
CONTROLS) Lead Based paint is prresent on
component or components named in this
Specification. Use Lead Safe Work Practices as
described in Spec. # 9000 and # 9001 above.
Prime sill with top quality oil based primer. Prime
and paint all scraped areas, color as selected by
Owner. Field measure, fabricate & install a dual
glazed, thermal break, vinyl sliding repl. window
incl. all necessary painting, caulk, trim & screen.
Manufacturer to be Louisiana-Pacific or approved.
9532.1 DOOR EXT--REPLACE METAL PREHUNG 4.00 EA
Remove, package and dispose of door, frame and
casing. Install a prehung, insulated, 4 panel,
metal skinned door including magnetic weather
stripping, interlocking threshold, wide angle peep
site, dead bolt and entrance locksets. Retrim
opening with 1" x 6" casing and brick molding.
Prime, prep amd paint all new wood and door.
INTERIM CONTROLS) Lead based paint is__
present on the component or components named
in this Specification. Use Lead Safe Work
Practices as described in Spec#9000 and #9001
above.
NOTE; WHERE NECESSARY USE 1" x 6" TRIM
TO MATCH.
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
0211112005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 2 EXTERIOR
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9573.1 TRIM--REPLACE 1" X 6" 80.00 LF
Remove, package and dispose of lead painted
trim. Repair wall areas damaged in removal
process. Install #2 pine 1 x 6 boards as
replacement casing. Pre, spot prime and top coat
with acrylic latex. (INTERIM CONTROLS) Lead
based paint is present on the component or
components named in this Specification. Use
Lead Safe Work Practices as described in Spec.
#9000 and #9001 above.
CORNER BOARDS WHERE NEEDING
REPLACING, AND ALSO APPROXIMATELY
10LF OF RAIL SILL AT NORTHEAST REAR
SIDE OF HOUSE.
9625.1 PREP, PRIME & PAINT EXTERIOR 2,328.00 SF
X
Wet scrape to remove loose paint. Wash, rinse
and HEPA vacuum all visible chips and dust. Use
a quality primer sealer. Prepare surface and
paint with owners choise of color, and use
sufficient top coats to cover. (INTERIM
CONTROLS) Lead based paint is present on the
component or components named in this
Specification. Use Lead Safe Work Practices as
described in Spec. #9000 and #9001 above.
9674.1 REMOVE& REPLACE SIDING 1171105 80.00 LF
Remove damaged siding to the joint over nearest
stud. Apply matching pine siding to walls with
galvanized nails and caulk over joints. Break all
seams over studs. Prime ready for top coat all
new wood to match existing. (INTERIM
CONTROLS) Lead based paint is present on the
component or components named in this
Specification. Use Lead Safe Work Practices as
described in Spec. #9000 and #9001 above
DE
HOUSING SPECS BY LOCATION/TRA
DEVELOPER
•P•R•O•
~ '== 02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 2 EXTERIOR
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9675.1 SOFFIT-REMOVE & REPLACE 15.00 SF '
Remove, package and dispose of soffit. Install
1/4" BCX plywood soffit and associated moldings
with bevel cut joints using galvanized finish nails.
Caulk over joints, prime and paint with exterior
alkyd. Paint color to be approved by owner.
(INTERIM CONTROLS) Lead based paint is
present on the component or components named
in this Specification. Use Lead Safe Work
Practices as described in Spec#9000 and #9001
above.
SEE SOUTHSIDE OF OVERHAND AND SOME
ON NORTHSIDE.
Trade: 10 Carpentry
3210.1 STORM DOOR--ALUMINUM 3.00 EA
Install an aluminum combination storm and screen
door with white baked enamel aluminum finish and
top chain. $110 material allowance. Use Croft
Style 266 or written approved equal. Minimum
thickness.1 1-Z', -
3590.1 STEPS/LANDING—REPL EXTERIOR 2.00 EA
Dispose of existing steps and landing. Construct a
replacement unit with two 2"x 12" preservative
treated pine stringers, 5/4" PTP stepping stock
treads, on a solid concrete footer. Frame stairs 3'
wide connecting to a 4'x 5' landing, of 2"x 6"s and
2"x 4" deck. Construct a wood handrail on one
side 32" above tread nosing.
FOR BOTH REAR DOORS. BUILD
APPROXIMATELY A 16SF LANDING FOR
EACH.
Trade: 19 Paint & Wallpaper
. I HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
•P•R•O•
1111i IBM 02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 2 EXTERIOR
Spec Unit Total
_Number Spec Quantity Units PHe.e Price
Trade: 19 Paint& Wallpaper
5895.1 REFASTEN WALL COVERING 1.00 DU
Refasten loose wall covering such as exterior
siding, etc.
CHECK ALL SIDES OF HOUSE AND PORCH
FRONT GABLE AND CEILING ALSO,
SOUTHSIDE WALL.
Bidder: L( fI —S Total:
HOUSING BY LOCATIONITRADE
DEVELOPER
•P•R•O •
02/11/2005
1 77-7
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 3 BEDROOM# 1
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9519.1 DOOR REPLACE:PREHUNG HOLLOW CORE 1.00 EA 15 0
Remove, package and dispose of door, jamb and
casing. Install a hollow core, pressed wood, 6
panel, prehung door including a lockset. Retrim
opening in 1" x 6" pine. Prep and prime and apply
topcoat. (INTERIM CONTROLS) Lead based
paint is present on component or components
named in this Specification. Use Lead Safe Work
Practices as described in Spec. #9000 and 9001
above.
DOOR BETWEEN BEDROOM # 1 AND LIVING
ROOM.
Bidder: Total: ��
A&L
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
P.g.p
02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill Si
Location: 4 KITCHEN
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9519.1 DOOR REPLACE:PREHUNG HOLLOW CORE 1.00 EA ! ��
Remove, package and dispose of door, jamb and
casing. Install a hollow core, pressed wood, 6
panel, prehung door including a lockset. Retrim
opening in 1" x 6" pine. Prep and prime and apply
topcoat. (INTERIM CONTROLS) Lead based
paint is present on component or components
named in this Specification. Use Lead Safe Work
Practices as described in Spec. #9000 and 9001
above.
DOOR FROM KITCHEN TO BEDROOM # 1,
NOTE OPEN TO BEDROOM IF POSSIBLE. J J�
9626.1 INTERIOR STABILIZATION-LTD SURFACE 30.00 LF ry
Mist defective paint with water to the point of
saturation without dripping and caulking. Lightly
scrape all loose paint. Feather edges with a
sponge sanding block. Rinse and allow to dry.
Use a LBP 20 year encapsulant sealer. Apply
primer and a premium top coat. (INTERIM
CONTROLS) Lead based paint is present on the
component or components named in this
Specification. Use Lead Safe Work Practices_ as
described in Spec. #9000 and #9001 above.
BASEBOARD IN KITCHEN.
f
Bidder: �� IL t t '�-� Total:
!JUSNG SPECS BY LOCATION/TRADE
' DEVELOPER
.P.R.p .
02/11/2005
Project: 4369HEMPHILL Address: 4369 Hemphill Street Unit: 4369 Hemphill St
Location: 5 YARD WORK
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9752.1 SOD 374.00 SF
Mow lawn area using a bagging mower and
dispose of waste. Rototill to a depth of 6".
Fertilize with starter blend and sod. Create a 3'
high barrier with string, 1" x 1" stakes and marking
tape. Water to saturation.
PLACE AT DRIP LINE AROUND HOUSE AND
APPROXIMATELY 80SF AT NORTHSIDE OF
FRONT PORCH. NOTE: PLAY AREA HAS NO
EXPOSED SOIL, GRASS IS GROWING.
Bidder: ��? ED'S
Total: