HomeMy WebLinkAboutContract 50605 C7Y P77,TTARY
CITY OF FORT WORTH G(ji-4-11NACTNO.
JOB ORDER CONTRACT(JOC)SERVICES CONTRACT
HOME REPAIR SERVICES—ES SQUARED LLC
This Contract, made and effective as of the last date executed by a Party hereto("Effective
Date"), is by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation
("City") and ES Squared LLC, authorized to do business in the State of Texas ("Contractor").
City and Contractor may be referred to herein individually as a Party and collectively as the
Parties.
WITNESSETH: That for and in consideration of the payments and agreements to be performed
by the City, Contractor hereby agrees with City to commence and complete the Job Order Contract
Services described herein.
ARTICLE 1. DEFINITIONS
"Abatement" means a measure or set of measures designed to permanently eliminate lead-
based hazards or lead-based paint. Abatement strategies include the removal of lead-based
paint, Enclosure, Encapsulation, replacement of building components coated with lead-based
paint, removal of lead-contaminated dust, and removal of lead-contaminated soil or overlaying of
soil with a durable covering such as asphalt(grass and sod are considered Interim Control
measures). All of these strategies require preparation; cleanup; waste disposal; post-Abatement
clearance testing; recordkeeping; and, if applicable, monitoring.
"Building Code" means the City's Building Code as amended from time to time.
"Building Permit" means any permit received from the City's Planning and Development
Department to perform the Work on a Housing Unit.
"Business Diversity Enterprise Ordinance" or "BDE" means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
"CDBG" means Community Development Block Grant.
"CDBG Regulations"means regulations found at 24 CFR Part 570 et seq.
"Contract Documents" means, collectively, this document, the General Conditions Attachment A,
the Program Specific Conditions Attachment A-1, Sample Job Order Attachment B, Bid Price
Worksheet Attachment C, Terms and Conditions Attachment D, the RFP and Contractor's
Response to the RFP, and all other Attachments and other documents that are attached or
incorporated herein by reference. The Contract Documents shall be construed in the order of
precedence in which they are listed.
"Contractor Personnel"means employees,staff or subcontractors employed or hired by Contractor
to perform Work under this Contract.
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,3> ES Squared LLC Date: 3-28-2018
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
"Encapsulation" means any covering or coating that acts as a barrier between lead-based paint
and the environment, the durability of which relies on adhesion and the integrity of the existing
bonds between multiple layers of paint and between the paint and the substrate.
"Enclosure"means the use of rigid, durable construction materials that are mechanically fastened
to the substrate to act as a barrier between the lead-based paint and the environment.
"EPA" means the United States Environmental Protection Agency.
"EPA's Renovation, Repair and Paint Rule" or "RRP Rule" means 40 CFR Part 745, as
amended from time to time.
"Household Crisis Repair Program"means the City of Fort Worth's program to assist low income
households with emergency and urgently needed repairs to heating and air conditioning (HVAC)
systems as funded by Comprehensive Energy Assistance Program (CEAP)funds. The purpose of
the Household Crisis Repair Program is to assist low income families in need, in order to preserve
health and safety.
"Housing Unit" means a residential unit occupied by a household eligible for services under any of
the City's Home Repair Services Programs and includes the real property on which the Housing Unit
is located.
"Interim Controls" means a set of measures designed to temporarily reduce human exposure or
possible exposure to lead-based paint hazards. Such measures include, but are not limited to,
specialized cleaning, repairs, maintenance, painting, temporary containment, and the
establishment and operation of management and resident education programs. Monitoring,
conducted by owners, and reevaluations, conducted by professionals, are integral elements of
Interim Control. Interim Controls include dust removal; paint film stabilization; treatment of friction
and impact surfaces; installation of soil coverings, such as grass or sod; and land use controls.
Interim Controls that disturb painted surfaces are renovation activities under EPA's Renovation,
Repair and Painting Rule.
"HUD" means the United States Department of Housing and Urban Development.
"HUD Guidelines" means the U.S. Department of Housing and Urban Development Guidelines
for the Evaluation of Lead-Based Paint Hazards in Housing, Second Edition, July 2012, as may be
amended from time to time.
"Job Order Contract" or "JOC"" is a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity
governing agreement for the Work("Project").
"Job Order" means an itemized list of the Work which contains sufficient detail to determine
quantities and quality, and the time for performance. It includes any specifications and drawings
required by City together with any change orders approved by City and Contractor. Work on a
Housing Unit will be authorized by an individual Job Order on an as-needed basis. See sample Job
Order Attachment B.
"Lead Safe Housing Rule" means the regulations found at 24 CFR Part 35 subparts B-R.
"LeadSafe Program" means the City of Fort Worth's Lead Hazard Reduction Demonstration
program as funded by grant funds from the HUD Office of Healthy Homes and Lead Hazard Control
(OHHLHC) and CDBG matching funds. The purpose of the LeadSafe Program is to remove the
health hazards of lead-based paint from the homes of low and moderate income families with small
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children. The LeadSafe Program includes a Healthy Homes component which addresses basic
health and safety repairs on qualified housing units where lead-based paint hazards have been
reduced or eliminated.
"LIHEAP" means Low Income Heating and Energy Assistance Program, funded with grant funds
from the United States Department of Health and Human Services. The purpose of the LIHEAP
program is to meet immediate home energy needs, through home cooling, weatherization, and/or
energy-related low-cost home repairs or replacements.
"Owner" means the owner of the Housing Unit to be repaired.
"Priority Repair Program" means the city's program to perform minor home repairs to address
health and safety issues at eligible housing units occupied by low income homeowners. Home repairs
performed under the Priority Repair Program may include roof repair or replacement, HVAC repair or
replacement, water/sewer/gas line repair or replacement, electrical repairs, and other minor health
and safety repairs,
"Request for Proposals" or"RFP" means the Request for Proposals for multiple categories of
home repair services for low-income households within the City of Fort Worth and Tarrant County
RFP No. 17-0500 issued October 4, 2017.
"TDHCA"means Texas Department of Housing and Community Affairs,which administers the WAP
and LIHEAP programs
"Texas Administrative Code" means regulations of the State of Texas that govern the
administration of LIHEAP and DOE weatherization grant programs.
"Texas Environmental Lead Reduction Rule" or "TELRR" means 25 TAC 295.201-220, as
amended from time to time.
"WAP"means Weatherization Assistance Program,funded with grant funds from the United States
Department of Energy through the LIHEAP program, through funds from the Texas Association of
Community Action Agencies (TACAA), or from other sources. The purpose of WAP is to help low
income households reduce energy consumption and energy costs by providing energy
conservation measures. Weatherization assistance is provided following an assessment and
energy audit that determines the scope of work of each particular WAP home repair project.
"Work" means the Home Repair Services provided by contractor under this contract, including
any Weatherization, HVAC, Plumbing, Electrical, Roofing, Lead Hazard Reduction, or related
rehabilitation and repair work performed on a Housing Unit required by a Job Order and the
Contract Documents, whether completed or partially completed, and which includes all labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations under the Contract Documents
ARTICLE 2. SCOPE OF SERVICES
A. Contractor agrees to provide the City with Priority Repair, Weatherization, Lead Hazard
Reduction, Accessibility Improvements, and construction management services for the
purpose of assisting income-eligible and otherwise qualified residents with Home Repair
Services in a Housing Unit. Activities shall include but not be limited to the activities listed
in Attachment C "Bid Price Worksheet." All Work shall be performed on an as-needed
basis and in accordance with the TELRR, the HUD Guidelines, the Lead-Safe Housing
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Rule, DOE WAP or DHHS LIHEAP regulations, TACAA guidelines and any other
applicable regulations regarding performance of the funded home repair services with the
use of the specified funds.
B. Contractor acknowledges that the Project is assisted in whole or in part with CDBG
(Community Development Block Grant), LIHEAP (Low Income Home Energy Assistance
Act Weatherization Assistance Program), DOE (Department of Energy Weatherization
Assistance Program), TACAA WAP (Texas Association of Community Action Agencies—
Oncor Weatherization Assistance Program), LEAD (Lead-Based Paint Hazard Control and
Lead Hazard Reduction Programs)and HHI(Healthy Homes Demonstration)funds and that
any Job Order and the Work shall be performed in accordance with the applicable
requirements for that funding source, including the requirements of the general conditions
as more particularly set out in Attachment A and the applicable program specific conditions
as more particularly set out in Attachment A-1.
C. Contractor shall do everything required by the Contract Documents for each Job Order
including furnishing all of the labor, materials and equipment necessary to perform the Work.
As applicable for the particular job assigned, all Work shall be performed by workers trained
and certified under the EPA Renovation and Repair Rule and qualified for the home repair
activities to be performed. Work performed for the LeadSafe and Priority Repair Programs
shall be performed by workers qualified in accordance with HUD's Lead Safe Housing Rule,
and who are trained and certified by the Texas Department of State Health Services,
Environmental Lead Branch.
D. Contractor must perform the Work in accordance with the Building Code and all other
relevant City, State and Federal building codes and any other applicable laws, ordinances
and regulations, including applicable Home Repair Program requirements as further
described in Attachment A-1. To the extent of conflict between any of the foregoing codes
and standards, the more restrictive shall apply. Inconsistencies or conflicts between the
Building Code and this Contract shall be resolved in favor of the Building Code. If it is
necessary to modify this Contract to comply with the Building Code, then the Parties shall
execute a written modification.
E. City will inspect all completed Work, as applicable, before payment to the Contractor is
approved. Contractor must repair or replace all Work and materials that do not pass
inspection. Such repair or replacement of Work shall be completed within 3 working days
from written notification of the need for such repair or replacement by City. If the Work fails
to pass final inspection, Contractor will be responsible for any fees associated with the re-
inspection as well as any other fees or costs resulting from the failure of the Work to pass
final inspection. For work performed on the LeadSafe Program, Contractor will be
responsible for any fees associated with an additional clearance test, such as testing of dust
wipes, as well as other associated costs; such costs may include the cost of lodging or
any other additional relocation expenses for the Housing Unit's occupants.
F. Contractor shall not solicit or contract with occupants or Owners to perform additional work
on the Housing Unit for minimum of 6 months after the Work is complete.
G. Contractor shall be responsible for moving furniture and/or safe storage of the occupants'
furniture and personal belongings if necessary to perform the Work. Contractor is required
to provide proof of insurance and adequate, safe storage of the occupant's furniture and
personal belongings when applicable for the duration of the Work.
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H. Contractor must notify City promptly of the need for any change order. Any work in excess
of that specified on the work order or on an authorized change order, and not authorized by
the City, will be a disallowed cost, and the Contractor will receive no compensation for that
work.
ARTICLE 3. INSURANCE REQUIREMENTS
Contractor shall not commence Work until it has obtained all insurance coverage described in
Attachment A and proof of such coverage has been received and approved by City.
ARTICLE 4. TIME OF COMPLETION
City shall provide Contractor a written Notice to Proceed for each Job Order which states a date for
commencement and a date for completion of the Work. Contractor shall complete the Work within
the number of calendar days specified in the Job Order. Approved change orders may extend the
completion date. The time for completion of the Work is an essential element of this Contract.
Contractor acknowledges that failure to complete the Work within the stated number of calendar days
may result in suspension or termination of this Contract.
ARTICLE 5. TERM OF CONTRACT
This Contract shall commence as of the Effective Date and shall automatically expire 1 (one)
year from the Effective Date (the "Expiration Date"), if not terminated sooner or extended as
described below. No Job Order shall be issued after the Expiration Date. However, any Job Order
with Work still in progress, Contractor's obligation to cure or remedy defective Work,and Contractor's
warranty and indemnification obligations shall survive the Expiration Date or earlier termination of this
Contract.
This Contract shall be renewable at the City's option, and upon Contractor's written acceptance, for
two(2)additional one-year terms. If City exercises its option to renew,it will do so by providing written
notice to Contractor at least 10 calendar days prior to the Expiration Date. If City exercises a renewal
option,the additional term shall be deemed to include this option provision as well as all other terms,
conditions and price structures of this Contract unless specifically changed or modified in writing
executed by the Parties. Renewal is subject to availability of funding under the above-listed grant
funding sources, Contractor performance, and mutual agreement by all parties. All renewals or
extensions shall be based on existing terms, conditions and price structures set forth herein or as
amended by the City.
CONTRACTOR ACKNOWLEDGES AND AGREES THAT THERE IS NO GUARANTEE THAT A
SPECIFIC DOLLAR AMOUNT WILL BE SPENT UNDER THIS CONTRACT.
ARTICLE 6. PAYMENT FOR SERVICES
A. City shall pay Contractor for each Job Order based on the prices in Attachment C upon
City's acceptance of the completed Work and submission by Contractor of a detailed
invoice.
B. City shall have the unconditional right to withdraw a Job Order at any time so long as it has
not issued a Notice to Proceed. If a Job Order is withdrawn,Contractor shall not be entitled
to any compensation or reimbursement of any costs incurred by the Contractor for the
withdrawn Job Order so long as the City has not yet issued a Notice to Proceed.
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C. For a Job Order to become effective, it must(1) be signed by City and Contractor, (2) be
for a fixed price, lump sum for the Work, (3) be based on the prices in Attachment C, and
(4) include a Notice to Proceed. City shall pay Contractor within 30 days of acceptance of
Work.
D. Contractor will not be compensated for any Work outside of the scope of a Job Order or
this Contract that is not authorized by City in writing.
E. In the event no funds or insufficient funds are appropriated by City in any fiscal period
for any payments due hereunder, City will notify Contractor of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations
were received without penalty or expense to City of any kind whatsoever, except as to
the portions of the payments herein agreed upon for which funds have been
appropriated.
ARTICLE 7. LIENS
Contractor shall not place a lien on the Housing Unit and will only look to the City for payment for
Work. Placement of a lien on a Housing Unit by Contractor or any subcontractor will be grounds
for termination of this Contract for cause.
ARTICLE 8. PERMITS AND INSPECTIONS
Contractor shall apply for all Building Permits and for any other permits required by a Job Order.
Separate Building Permits shall be required for each Housing Unit. Contractor shall be responsible
for scheduling all City inspections.
All necessary inspections by the City's Planning and Development Department for Building Permits
must have occurred in order for final inspection of the Work by the City's Neighborhood Services
Department inspectors to be scheduled. Work must pass final inspection by both Planning and
Development Department inspectors for Building Permits and Neighborhood Services Department
inspectors for all Contract and federal requirements for the Work.
ARTICLE 9. CITY INSPECTION AND ACCEPTANCE OF WORK
Inspection and acceptance of any Work shall be as stated in a Job Order in accordance with the
Contract Documents. Completed work must be approved by inspectors from both the Planning and
Development Department for Building Permits and the City's Neighborhood Services Department for
all Contract and federal and state law requirements
City reserves the right to perform inspections of the Work at any time, and any inspections performed
by City or by others on behalf of City shall be for City's sole benefit. The presence or absence of a
City inspector does not relieve Contractor from any Contract requirement, and no inspector is
authorized to change any term or condition of the Job Order or of the Contract Documents without
the City's written authorization. Quality control for the Work is the responsibility of Contractor.
Contractor shall, without charge, replace or correct Work found by City not to conform to the Job
Order or Contract requirements unless City consents to accept the Work with an appropriate
adjustment in the Job Order price.
ARTICLE 10. WARRANTY OF CONSTRUCTION AND MATERIALS
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Contractor shall warrant that Work conforms to the Job Order and is free of any defect in material,
design furnished, or workmanship performed by the Contractor or any of its design professionals,
subcontractors or suppliers at any tier. All Work shall be warranted for a minimum of 1 year from
the date of final acceptance of the Work.
All repairs or replacement shall be at no cost or charge to City or the Owner or occupant,whether
or not the materials are guaranteed by the manufacturer or supplier.
The warranty shall not be construed to limit or in any way modify any warranties or guarantees
placed upon any materials, fixtures or devices by their manufacturers, or any components for
which a longer period of warranty is required in this Contract.
Contractor shall furnish the Owner with all manufacturers' and suppliers' written guarantees,
warranties and operating instructions covering materials furnished under this Contract, together
with any documentation required for validation.
ARTICLE 11. DELAYS AND EXTENSION OF TIME
Contractor may be granted an extension of time because of change orders, or because of
unforeseeable conditions that are deemed by City in its sole discretion as being beyond
Contractor's control and which constitute a justifiable delay. Requests for extensions of time must
be made in writing no later than 2 calendar days after the occurrence of the delay. Any additional
time allowed shall be at no cost to City. Any additional expenses incurred because of Contractor
error as deemed by City in its sole discretion, including but not limited to, additional occupant
relocation expenses and clearance sampling analysis, will be paid by Contractor.
ARTICLE. 12. SUBCONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S
BUSINESS ENTERPRISES AND LABOR SURPLUS AREAS
For procurement contracts $50,000.00 or larger, Contractor agrees to abide by City's policy to
involve Minority Business Enterprises ("MBE") and Small Business Enterprises ("SBE") and to
provide them equal opportunity to compete for contracts for construction, provision of professional
services, purchase of equipment and supplies and provision of other services required by City.
Contractor agrees to incorporate the City's BDE Ordinance, and all amendments or successor
policies or ordinances thereto, into all contracts and subcontracts for procurement $50,000.00 or
larger, and will further require all persons or entities with which it so contracts to comply with said
ordinance.
Contractor acknowledges the MBE goals established for this Contract and Contractor's commitment
to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by Contractor may result in the termination of this Contract for cause and
debarment from participating in any City contracts for not less than 3 years.
THE MBE GOAL FOR THIS CONTRACT IS 10%. Analysis of whether such MBE goal is met will
be measured on an aggregate basis for the entire term of the Contract. Contractor is responsible
for contacting the City's M/WBE Office to obtain lists of certified MBE firms in order to meet this
goal.
The MBE firm(s) must be located or doing business in the City's geographic market area at the
time of the issuance of al Job Order. The City's geographic market includes Tarrant, Parker,
Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. The MBE firm(s)must also
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be currently certified or in the process of being certified by the North Central Texas Regional
Certification Agency or the Texas Department of Transportation Highway Division.
Contractor shall deliver the monthly MBE reports and supporting documentation to the M/WBE
Office which will verify that payments have been made to MBE subcontractors on each completed
Job Order. On Job Orders that extend over 30 days in duration, the M/WBE Office will verify that
payments have been made to the MBE subcontractors for work in-place.
In addition, it is national policy to award a fair share of contracts to disadvantaged business
enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises
("MBEs"), and women's business enterprises ("WBEs") as defined by federal statutes and
regulations. Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and
WBEs are utilized when possible as sources of supplies, equipment, construction and services.
ARTICLE 13. RELATIONSHIP OF PARTIES
Contractor shall perform all work and services hereunder as an independent contractor, and not as
an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the
exclusive right to control the details of the work and services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers, agents,
employees and subcontractors. Nothing herein shall be construed as creating a partnership orjoint
venture between City and Contractor, its officers, agents, employees and subcontractors, and the
doctrine of respondeat superior has no application as between City and Contractor.
ARTICLE 14. NO THIRD PARTY BENEFICIARIES
This Contract shall inure only to the benefit of City and Contractor and third persons not privy hereto
shall not, in any form or manner, be considered a third party beneficiary of this Contract. Each Party
shall be solely responsible for the fulfillment of its own contracts or commitments.
ARTICLE 15. SUSPENSION AND TERMINATION
A. Suspension
1. City may suspend the Contract for 30 days and no new Job Orders will be assigned if
the following occur 3 or more times.-
a.
imes:a. Contractor fails to provide adequate supervision at the Housing Unit.
b. Contractor fails to obtain appropriate permits and inspections.
c. Contractor fails to meet all safety requirements in Attachment A.
d. Contractor fails to correct deficient work within 2 days as required in Article 2.
e. Contractor fails to comply with any term of the Contract Documents.
2. City shall provide Contractor written notice of each occurrence in which Contractor has
failed to comply with the terms of this Contract. After Contractor has been sent 3
written notices, City may send a notice of 30-day suspension or termination of this
Contract to Contractor.
B. Termination for Convenience
City may terminate this Contract without cause with 30 days written notice to Contractor.
Termination of this Contract and receipt of payment for services rendered up to the date of
notice of termination are Contractor's only remedies for the City's termination for
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convenience. Contractor waives any claim (other than its claim for payment for services
rendered up to the date of notice) it may have now or in the future for financial losses or
other damages resulting from the City's termination for convenience.
C. Termination for Cause
1. City may terminate this Contract for cause for Contractor's default,failure or inability to
perform, failure to comply with any of the terms herein, or for other good cause
including substandard work. Substandard work shall be defined as material or
workmanship that deviates from or falls short of construction standards and practices.
2. Contractor shall be given written notice specifying the portions of the Contract in which
Contractor is in default and will be given 15 days to cure the default. The notice of
default shall also state the effective date of termination if the default is not cured.
3. If Contractor has not cured the default by the date specified, then City shall terminate
the Contract on the date of termination. Contractor shall stop work on the date of
termination. Contractor shall not receive any compensation for any Work performed
after the date of termination.
D. Termination does not terminate any provisions of this Contract that have been expressly
noted as surviving the Contract's term or termination. Termination shall not affect or
terminate any of City's existing rights against Contractor or which may thereafter accrue
because of Contractor's default.
E. Unless otherwise specified elsewhere in this Contract, the rights and remedies contained
herein are not exclusive, but are cumulative of all rights and remedies which exist now or
in the future.
ARTICLE 16. WAIVER
No waiver by either Party of any default or breach of any term, covenant or condition of this Contract
shall operate as a waiver of any future breach or other default,whether of a like or different character
or nature.
ARTICLE 17. SEVERABILITY
If any part of this Contract is for any reason found to be unenforceable, all other parts remain
enforceable unless the result materially prejudices either Party. .
ARTICLE 18. WRITTEN AGREEMENT ENTIRE CONTRACT
This written instrument and the Attachments and Exhibits attached hereto, which are incorporated
by reference and made a part of this Contract for all purposes, constitutes the entire agreement by
the Parties concerning the work and services to be performed under this Contract. Any prior or
contemporaneous oral or written agreement which purports to vary the terms of this Contract shall
be void. Any amendments to the terms of this Contract must be in writing and must be executed
by each Party to this Contract.
ARTICLE 19. GOVERNING LAW AND VENUE
This Contract shall be governed by and construed and enforced in accordance with the laws of the
State of Texas. The Parties agree that any action with respect to this Contract may only be brought
in a court of competent subject matter jurisdiction located in Tarrant County, Texas.
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ARTICLE 20. INDEMNIFICATION
CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR CAUSES
OF ACTION ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT,WHETHER SUCH
CLAIMS ARISE OUT OF CONTRACT OR TORT, SUITS FOR PROPERTY, WHETHER REAL
OR PERSONAL,LOSS OR DAMAGE,PERSONAL INJURY,INCLUDING DEATH,TO ANY AND
ALL PERSONS,OF WHATSOEVER KIND OF CHARACTER,WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK AND
SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES
AND INVITEES OF THE CITY;AND CONTRACTOR DOES HEREBY COVENANT AND AGREE
TO ASSUME ALL LIABILITY AND RESPONSIBILITY OF THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY,THE WORK AND
SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES
AND INVITEES OF THE CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO,
AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY
AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF CITY DURING
THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT,
WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE
OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES
OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CONTRACTOR AND CITY, THAT
THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY CONTRACTOR
TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR
CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES,
OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH,
DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR
CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
ARTICLE 21. SURVIVAL
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Contractor shall remain obligated to City under all clauses of this Contract that expressly or by their
nature extend beyond termination of this Contract, including but not limited to the warranty and
indemnity provisions.
ARTICLE 22. LITIGATION AND CLAIMS
Contractor shall give City immediate notice in writing of any action, including any proceeding before
an administrative body, filed against Contractor in conjunction with this Contract. Contractor shall
immediately furnish to City copies of all pertinent papers received by Contractor with respect to
such action or claim. Contractor shall provide a notice to City within 10 days upon filing under any
bankruptcy or financial insolvency provision of law.
ARTICLE 23. CHANGES AND AMENDMENTS TO LAW
Any changes in the terms of this Contract which are required by a change in state or federal law or
regulation is automatically incorporated herein effective on the date designated by such law or
regulation. Except as otherwise specifically provided herein, any other changes to the terms of this
Contract shall be by amendment hereto in writing executed by the Parties.
ARTICLE 24. PARAGRAPH HEADINGS FOR REFERENCE ONLY; NUMBER
The paragraph headings contained herein are for convenience in reference to this Contract and
are not intended to define or to limit the scope of any provision of this Contract. When the context
requires, singular nouns and pronouns include the plural.
ARTICLE 25. CONTRACT CONSTRUCTION
The Parties acknowledge that each Party and, if it so chooses, its counsel have reviewed and
revised this Contract and that the normal rule of construction to the effect that any ambiguities are
to be resolved against the drafting party shall not be employed in the interpretation of this
Contract or any amendments or exhibits hereto.
ARTICLE 26. CONTRACTOR HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and
official motion, resolution or action passed or taken, to enter into this Contract and to perform the
responsibilities herein required.
ARTICLE 27. RIGHT TO AUDIT
Contractor agrees that City shall, until the expiration of three(3) years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Contractor involving
transactions relating to this Agreement at no additional cost to City. Contractor agrees that City
shall have access during normal working hours to all necessary Contractor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Contractor reasonable advance notice of intended
audits.
ARTICLE 28. IMMIGRATION NATIONALITY ACT.
CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 11
ES Squared LLC Date: 3-28-2018
Contractor shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Contractor
shall adhere to all Federal and State laws as well as establish appropriate procedures and controls
so that no services will be performed by any Contractor employee who is not legally eligible to
perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to
immediately terminate this Agreement for violations of this provision by Contractor.
ARTICLE 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott
Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract,Contractor certifies that Contractor's signature
provides written verification to the City that Contractor: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 12
ES Squared LLC Date: 3-28-2018
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this 28TI
day of March,2018.
CITY OF FORT WORTH: APPROVED AS TO FORM AND
BY. J�' LEGALITY:
FernaP.do Costa BY:
Assistant City Manager Name: Matt Murra
Assistant City Attorney
DATE: 4�4�8
CONTRACT AUTHORIZATION:
APPROVAL RECOMMENDED:
M&C: P-12170
BY: DATE APPROVED: March 6,2018
Na .A rey Thagard
Title: Neighborhood Services Director 1295 Certificate No.: 2017-292734
ATTES IT ES SQUARED LL
VOR
BY:_ vv%0
City Se '�� Y•
•
NAVt:: Albert Mitchell
CONTRACT COMPLIA •.:* TI LE CEO -
MANAGER: vt
By signing I acknowledge tha m t1 �....... DATE:
person responsible for the monitdr
administration of this contract,including
ensuring all performance and reporting ATTEST:
requirements.
BY: BY:
Name: Barbara Asbury
Title: Compliance and Plann' g
Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT
ES Squared LLC Date: 3-28-2018
M&C Review Page 1 of 4
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 3/6/2018
DATE: 3/6/2018 REFERENCE NO.: P-12170 LOG NAME: 13P17-0500 HOME
REPAIRS NS JD
CODE: P TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize Contracts with GTO1 Construction Corporation, Anthony Lee Brown and Tonie
Walker Brown d/b/a Camelot Roofing, G.A. Miller Enterprises, Inc. d/b/a Glenn's A/C &
Heating, ES Squared, LLC, HVAC Service Pro, LLC and Jesus Garcia & Sons, Inc. d/b/a
MVA AC and Heating for the Neighborhood Services Department for its Home Repair
Programs in an Annual Amount of$3,773,000.00 for an Initial One-Year Term with Two
One-Year Renewal Options for a Total Combined Amount of$11,319,000.00 (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize contracts with GT01 Construction Corporation,
Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing, G.A. Miller Enterprises Inc.
d/b/a Glenn's A/C & Heating, ES Squared LLC, HVAC Service Pro and Jesus Garcia & Sons, Inc.
d/b/a MVA AC and Heating, for the Neighborhood Services Department for its home repair programs
in an annual amount of$3,773,000.00 for an initial one-year term with two one-year renewal options
for a total combined amount of$11,319,000.00.
DISCUSSION:
The Neighborhood Services Department administers a number of home repair programs that assist
low income residents using a variety of state and federal grant funding sources. These programs
include Priority Repair, LeadSafe, Weatherization and Household Crisis Repair. The Priority Repair
Program uses Community Development Block Grant (CDBG) funds from the U.S. Department of
Housing and Urban Development(HUD) to make urgently needed health and safety repairs. The
LeadSafe Program uses Lead Hazard Reduction Demonstration and Healthy Homes Grant funds
from HUD to remove health hazards caused by lead-based paint and to make other health and safety
repairs. The Weatherization Program, which is County-wide, provides energy efficiency
improvements such as Heating, Ventilation and Air Conditioning (HVAC) system replacement,
insulation additions and weather-stripping installation using funds from multiple sources. These
sources include the Low Income Heating and Energy Assistance Program (LIHEAP) and Department
of Energy (DOE)grant funds received through the Texas Department of Housing and Community
Affairs (TDHCA). The Texas Association of Community Action Agencies (TACAA) also provides the
city with grant funds for weatherization. The Household Crisis Repair program uses Comprehensive
Energy Assistance Program (CEAP)funds from TDHCA to do emergency repairs on HVAC systems.
For clarification and detailed descriptions of the above programs, please refer to the following list of
approved Mayor and Council Communication (M&C):
On May 8, 2012, (M&C G-17589) the City Council adopted the Priority Repair Program to be
operated by the Neighborhood Services Department;
On June 10, 2014, (M&C G-18238) the City Council authorized the application and acceptance of
Lead Hazard Reduction Demonstration Program funds and a Healthy Homes Supplemental grant and
the execution of related contracts;
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25474&councildate=3/6/2018 4/6/2018
M&C Review Page 2 of 4
On August 1, 2017, (M&C G-19056) the City Council approved the 2017-2018 Action Plan for use
of HUD grant funds, including funds for the Priority Repair Program.
On November 14, 2017 (M&C C-28473) the City Council authorized the acceptance of U.S.
Department of Energy Weatherization Assistance Program grant funds for 2018 and the execution
of related contracts;
On November 14, 2017 (M&C C-28480) the City Council authorized the acceptance CEAP funds for
Household Energy Crisis, Utility Assistance and Case Management programs and the execution of
related contracts;
On November 14, 2017 (M&C C-28482) the City Council authorized the acceptance of grant funds
for the 2018 LIHEAP and the execution of related contracts; and
On December 12, 2017, (M&C C-28515) the City Council authorized the acceptance of Low-income
Weatherization Program grant funds from TACAA and the execution of related
contracts.
The Neighborhood Services Department regularly seeks additional grant funding sources for its home
repair programs. As additional funding sources become available, Staff recommends that the above
contracts be amended to include the additional funds in order to ensure the most effective customer
services for the home repair programs.
REQUEST FOR PROPOSALS ADVERTISEMENT- Request for Proposals (RFP) 17-0500 for Home
Repairs was advertised in the Fort Worth Star-Telegram on October 4, 2017, October 12, 2017,
October 18, 2017, October 25, 2017 and November 1, 2017. The RFP consisted of detailed
specifications describing the types of services to be provided including accessibility, plumbing,
electrical, heating, air-conditioning, roofing services and carpentry services. A total of 315 vendors
were solicited from the purchasing database; six responses were received. Neighborhood Services
Department and Office of Business Diversity staff evaluated the submittals. The criteria for selecting
the contractors consisted of cost of goods and services, qualifications, experience and capacity to
perform the work.
Staff recommends entering into contracts with the following six firms: GTOI Construction
Corporation (GTO), Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing (Camelot),
G.A. Miller Enterprises Inc., d/b/a Glenn's A/C & Heating (Glenn's A/C), ES Squared LLC, HVAC
Service Pro and Jesus Garcia & Sons, Inc., d/b/a MVA AC and Heating (MVA) for construction
services for the home repair programs, each for a term of one-year with two one-year renewal options
for annual amount of$3,773,000.00 per year and for a total combined amount of$11,319,000.00. In
addition, an administrative change order or increase may be made by the City Manager in the amount
up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have
been appropriated.
All work will be assigned on a priority basis to the recommended contractors in the following
areas. No specific amount of work was promised to the contractors. Secondary and overflow
contractors will be utilized in the event the primary contractor cannot complete assigned work.
• Weatherization:
1: GTO
2: HVAC Service Pro
Overflow: MVA
• Lead Hazard Reduction:
1: GTO
2: MVA
Overflow: ES Squared, LLC
• Priority Repair Program:
HVAC:
1: Glenn's AC
2: GTO
Overflow: HVAC Service Pro
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25474&councildate=3/6/2018 4/6/2018
M&C Review Page 3 of 4
• Plumbing:
1: GTO
2: HVAC Pro
Overflow: Glenn's A/C
• Electrical:
1: HVAC Service Pro
2: GTO
Overflow: ES Squared, LLC
• Roofing:
1: Camelot
2: GTO
•Americans with Disabilities Act(ADA) Improvements:
1: GTO
2: HVAC Service Pro
General Carpentry is a service that is affiliated with many of the other services provided through the
listed programs. As such, there will be no primary or secondary contractor for this category as these
services are a part of work to be performed in the other categories of services listed above. For
those services listed that do not have an overflow contractor, there is either no need for one, or there
was not a third proposal for the services.
M/WBE OFFICE - G.A. Miller Enterprises, Inc., GTO1 Construction Corporation, ES Squared LLC,
Jesus Garcia & Sons, Inc. d/b/a MVA AC and Heating and HVAC Service Pro are in compliance with
the City's BDE Ordinance by committing to 10 percent MBE participation. The City's MBE goal on
this project is 10 percent. Additionally, G.A. Miller Enterprises, Inc., GTO Construction, ES Squared,
LLC and Jesus Garcia & Sons, Inc. d/b/a MVA AC and Heating are certified M/WBE firms. Camelot
Roofing is in compliance with the City's BDE Ordinance by documenting good faith effort.
The home repair programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current budget of the corresponding
Grant Fund, as appropriated and that prior to an expenditure being made, the Neighborhood Services
Department has the responsibility to validate the availability of funds.
BQN\17-0500\JD
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I -hartfield 2
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M&C Review Page 4 of 4
FROM
Fund Department I Account I Project Program Activity Budget I Reference# Amount
ID ID I I Year I (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Cynthia B. Garcia (8525)
ATTACHMENTS
1295 Camelot Roofing.pdf
1295 ES Sguared.pdf
1295 Form GT01.pdf
1295 Glenns AC.pdf
1295 HVAC Service Pro.pdf
1295 MVA.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25474&councildate=3/6/2018 4/6/2018
� - I �-i 10
CERTIFICATE OF INTERESTED PARTIES FORM 1295
l of l
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2.3.5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity s place Certificate Number:
of business. 2017-292734
ES Squared LLC
Grand Prairie,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which t e form is 12/11/2017
being filed.
City of Fort Worth Date Acknowledged-
C
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract
RFP 17-0500
Construction services for HOME REPAIRS
Nature of interest
4
Name of Interested Parry City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. n
6 AFFIDAVIT_ I swear,or affirm,under penalty of peltay,that the above disclosure is true and correct.
AA— t, h"'�j
KELLY LOAN NGUYEN
My Commission Expires '
December 23,2017
'`'���w.�'` Si re of authorized agent of cogtr usiriess entity
AFFIX NOTARY STAMP!SEAL ABOVE �f
swom to and subscribed before me,by the said � (�//(�P ,this the (r day of
--
20 to certify which,witn s my hand and seal of office.
� , t
nature o admirn g oath Printed n of oilicer admi st r' g ath Tide of officer admi stering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337