HomeMy WebLinkAboutContract 50603-A1 J
CITY SECRETARYT nn
CONTRACT N0. 5LS O3-A I
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 50603
WHEREAS, the City of Fort Worth (hereafter "City") and HVAC Service Pro (hereafter
"Contractor")made and entered into City Secretary Contract No. 50603 (hereafter"Contract");
WHEREAS,the Contract provides funding to Contractor pursuant to a grant received by City from
the United States Department of Housing and Urban Development ("HUD") through the Community
Development Block Grant Program ("CDBG"), Program No. B-16-MC-48-0010, Catalog of Federal
Domestic Assistance No. 14-218;
WHEREAS, it is the mutual desire of City and Contractor to clarify inspection requirements and
to amend Attachment "A-1" of the Contract to include program guidelines and requirements associated
with the City's Home Crisis Repair Program;
WHEREAS, it is the mutual desire of City and Contractor to amend the Contract to complete the
Program and meet Contract objectives.
NOW,THEREFORE, City and Contractor hereby agree to amend the Contract as follows:
I.
Attachment "A-1" —Program Specific Conditions attached to the Contract is hereby replaced
with the attached Attachment"A-1"—Program Specific Conditions Revised 5/2018.
II.
Article 2, Section D is amended to be and read as follows:
D. City, at its sole discretion, shall have the option to inspect all or some completed
Work,as applicable,before or after payment to the Contractor is approved. Contractor must
repair or replace all Work and materials that do not pass inspection. Such repair or
4 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,
RECEIVED Contractor will be responsible for any fees associated with the re-inspection as well as any
J�N 19 2018 other fees or costs resulting from the failure of the Work to pass final inspection. For work
C"OrrORTWORperformed on the LeadSafe Program,Contractor will be responsible for any fees associated
"'YSECRETARy TIf 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.
III.
This amendment is effective as of the Effective Date of the Contract
IV.
All terms and conditions of the Contract not amended herein remain unaffected and in full force
and effect,are binding on the Parties and are hereby ratified by the Parties. Capitalized terms not defined
herein shall have the meanings assigned to them in the Contract.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
OFFICIAL RECORD
Amendment No. 1 to CSC No. 50603 CITY SECRITAW, Page 1
HVAC Service Pro "«'ykORTH$TX
ACCEPTED AND AGREED:
HVAC SERVICE PRO
CITY OF FORT//WORTH
By: By: w..d.
X4ber"t-Vasquez/Owner Fernando Costa,Assistant City Manager
ATTEST: APPROVE AS TO FORM AND
�FORT� LEGALITY:
By:
K4\A&�
qty Seer *'. ' * Palige' eb-gie, ssistant ity Attorney
M&C: P-12 70
Date Approved: March 6, 20 7EX
1295 Certification No. 2017-29
APPR VAL RE C MME ED:
BY:
Name: Aubrey TlUard
Title: Neighborhood Services Director
CONRACT COMPLIANCE MANAGER:
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Barbara Asbury
Compliance and Plan g Manager
0F'F&CIAL MCORD
CITY SECRETARY
FT.WORTH,TX
Amendment No. 1 to CSC No. 50603 Page 2
HVAC Service Pro
Attachment A-1
PROGRAM-SPECIFIC CONDITIONS— REVISED 5/2018
HOME REPAIR SERVICES
I. PRIORITY REPAIR PROGRAM
Priority Repair Program home repairs may be assisted in whole or in part by Community
Development Block Grant ("CDBG") funds. Should the project be assisted with CDBG
funds, any work orders will be subject to the following applicable federal laws including, but
not limited to:
- Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations").
- Title I of the Housing and Community Development Act of 1974 as amended (42 USC
5301 et seq.).
- Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
USC 4601 et seq.) and its related regulations at 49 CFR Part 24.
- Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.).
- Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.).
- Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086
and as supplemented by 41 CFR Part 60.
- The Age Discrimination in Employment Act of 1967 (29 USC 621 et seq.).
- The Age Discrimination Act of 1975 (42 USC 6101 et seq.).
- Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8
where applicable.
- The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.).
- National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
("NEPA") and the related authorities listed 24 CFR Part 58.
- The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977,
as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part
15, as amended from time to time, and Executive Order 11738. In no event shall any
amount of the CDBG funds provided under this Contract be utilized with respect to a
facility that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
- The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically
including the provisions requiring employer verification of the legal status of its
employees.
- Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart
F.
- Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons.
- Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred, or suspended persons or entities.
- Copeland "Anti-Kickback" Act(18 USC 874 et seq.) as supplemented in 29 CFR Part
5
- Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Attachment A-1 Revised 5/2018
Attachment A-1
Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11,
1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995).
- Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4801 et seq.), as amended
by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851
et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R
- EPA RULE
- TELRR RULE
Requirement that Law Be Quoted in Covered Contracts. —Certain Requirements
Pertaining to Section 3 of the Housinq and Urban Development Act of 1968 as
amended (12 U.S.C. Sections 1701 et seg.) and its related regulations at 24 CFR
Part 135
If the work performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from the United States Department of
Housing and Urban Development ("HUD"), Section 3 of 24 CFR 135.38 ("Section 3")
requires that the following clause, shown in italics, be inserted in all covered
contracts ("Section 3 Clause"):
Section to be quoted in covered contracts begins:
- "A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. section 1701 u (Section 3). The purpose of Section 3
is to ensure that employment and other economic opportunities generated by
HUD assisted or HUD-assisted projects covered by Section 3, shall to the
greatest extent feasible, be directed to low-and very-low income persons,
particularly persons who are recipients of HUD assistance for housing.
-
B. The parties to this contract agree to comply with HUD's regulations in 24
CFR Part 135, which implement Section 3. As evidenced by their execution
of this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying with
the Part 135 regulations.
- C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement
or other understanding, if any, a notice advising the labor organization or
workers'representatives of the contractor's commitments under this Section
3 clause and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire,
availability of apprentice and training positions, the qualifications for each,-
and
ach,and the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
- D. The contractor agrees that it will include this Section 3 clause in every
subcontract to comply with regulation in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract
or in this Section 3 clause, upon finding that the subcontractor is in violation
of the regulations in 24 CFR Part 135. The contractor will not subcontract
with any subcontractor where it has notice or knowledge that the
subcontractor has been found in violation of regulations in 24 CFR 135.
- E. The contractor will certify that any vacant employment positions,
including training positions that are filed: (1) after the contractor is selected
but before the contract is executed, and(2) with persons other than those to
whom the regulations of 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge that the
subcontractor has been found in violation of regulations in 24 CFR 135.
Attachment A-1 Revised 5/2018 2
Attachment A-1
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-Determination and
Education Assistance Act(25 U.S.C. section 450e) also applies to the work
to be performed under this Contract. Section 7(b) requires that to the
greatest extent feasible (i)preference and opportunities for training and
employment shall be given to Indians, and(ii)preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-
owned Economic Enterprises. Parties to this contract that are subject to the
provisions of Section 3 and Section 79b) agree to comply with Section 3 to
the maximum extent feasible, but not in derogation of compliance with
Section 7(b)."
Section to be quoted in covered contracts ends.
- City and Contractor understand and agree that, if applicable to the Project,
compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part
135, and all applicable rules and orders of HUD shall be a condition of the Federal
financial assistance provided to the Project binding upon City and Contractor, and
their respective successors, assigns and subcontractors. Failure to fulfill these
requirements shall subject Contractor and its subcontractors and their respective
successors and assigns to those sanctions specified by the grant agreement through
which Federal assistance is provided and to such sanctions as are specified by 24
CFR Part 135.
IL LEADSAFE PROGRAM
A. All Work must be performed using Lead Safe Work Practices, and with appropriately
trained and certified staff, as defined by HUD and EPA under the Lead-safe Housing Rule
and the EPA Renovation and Repair Rule.
B. Cleaning methods during and following lead hazard reduction work must follow HUD
guidelines under the Lead Safe Housing Rule, to include but not be limited to, use of wet
mops, High Efficiency Particulate Air (HEPA) vacuums, and other specific methods to
control and eliminate lead-based paint dust and ensure passage of final clearance tests.
C. LeadSafe Program work may be performed with CDBG funds, therefore all requirements
cited in Section I above regarding the Priority Repair Program, are also applicable to the
LeadSafe Program.
D. Work must pass visual inspection and/or any applicable Lead Hazard Control clearance test
as required by federal and state laws. For work performed under the Lead Hazard Reduction
Program, final inspection may include inspection by the Texas Department of State Health
Services, Environmental Lead Branch.
E.
III. WEATHERIZATION PROGRAM
A. Contractor must read and understand energy audits and weatherization program work
orders_
B. Permits -The Contractor must apply for and obtain all permits prior to installation of
weatherization measures with the appropriate jurisdiction for all work performed under this
Contract that requires a permit. The Contractor shall arrange for inspections with
appropriate local inspectors. All permits shall be billed as pass through costs and listed as
a separate line item on any invoices. When applicable, the Contract shall indicate the
charge to be paid by City for overhead costs related to obtaining any building permit
required by the work items related to the services being provided. The Contractor must
provide proper documentation with each client invoice in order to support payment of a
permit. Failure to provide the supporting proof of documentation will result in non-payment
Attachment A-1 Revised 5/2018 3
Attachment A-1
permit expenditure.
C. Air Exchange -Using blower door guided air-sealing approaches, the Contractor must
perform blower door test before submitting the unit for payment to NSD (Neighborhood
Services Department) and record a final blower door reading for each unit. The Contractor
shall install weather-stripping, caulking and switch/outlet gaskets to reduce air exchange
rates in eligible dwellings; and program measures designed to preserve the integrity of the
home's thermal envelope, reduce appliance energy consumption, and ensure resident's
health and safety.
D. Contractor shall provide all labor, material, supplies, and equipment to perform the
following energy conservation measures on program-eligible dwellings, which includes,
without limitation, the following:
a. Insulation of walls, attics, crawl space, switches, outlets, etc.
b. Blower door testing and flue gas analysis
c. Air bypass sealing
d. Attic, basement, crawl-space, and dense-pack sidewall insulation
e. Caulking and weather-stripping
f. Window and door repair and replacement
g. Duct leakage sealing (Using a duct blaster)
h. Shell infiltration sealing (replace broken windows, replace interior/exterior doors
and windows, weather stripping, caulking, etc.)
i. Insulation of water heater and water heater pipes
j. Attic ventilation
k. Solar screens
I. Minor home repairs
m. Carpentry
n. Health and Safety measures (testing of combustion appliances, compliance with
indoor air quality standards and provision of carbon monoxide detectors).
o. Compact fluorescent light bulbs
p. Smoke and Carbon Monoxide Detectors
q. Roofing Services (i.e. repair, installation, decking, removal)
r. Repair and/or replacement of various types of energy saving windows
s. Repair or remove broken glass and install new glass with glazing
t. Ducts wrapped, caulking and weather-stripping applied throughout the dwelling,
and various other items
u. Air diagnostic testing (i.e. blower door test and duct blaster test)
v. High/low combustion venting
w. Floor Insulation R 19
x. Foundation underpinning-vinyl
y. Mobile home modification energy measures (door repair and replacement, siding,
interior vents, exhaust fans, skirts, etc.)
z. Remove & Replace burglar bars
aa. Repair, retrofit, and replace inefficient home heating/cooling systems, water
heaters, and refrigerators
bb. Service, clean, and adjust heaters, including un-vented space heaters, cook
stoves, ovens, water heaters, and lower carbon monoxide levels per specifications
stated in the Texas Department of Housing and Community Affairs CTDHCK)
Weatherization and Mechanical Field Guides and A-1 OCFR440
cc. Exterior windows and doors and replacement windows and doors shall have a
window unit U-value of 0.30 or less as rated by the National Fenestration Rating
Council (NFRC). U-value shall be window unit and not the center of glass U-value.
Skylights shall also comply with the same or equal requirements.
dd. Storm Windows must meet or exceed IECCI in combination with the exterior
window over which it is installed, for the applicable climate zone.
ee. Materials and/or equipment purchased can be inspected by a NSD's
representative to determine conformity with the quality requirements of the call for
bids. When deemed necessary, NSD may require documentation detailing the
Attachment A-1 Revised 5/2018 4
Attachment A-1
product specifications for the purposes of determining whether the material
conforms, in all aspects, to the required specifications.
ff. Contractor shall be fully responsible for the removal and proper disposal of all
chemicals, material equipment, units, appliances, and component parts associated
with repair and/or replacement services.
gg. All appliances and equipment used for retrofit, repair, and/or replacement shall be
energy star rated, unless otherwise approved.
hh. All weatherization measures installed must have an approved State of Texas
Energy Audit savings-to-investment ration ("SIR") of one or greater unless
otherwise indicated as health and safety or incidental repair items. Weatherization
measures installed shall begin with those having the greatest SIR (on approved
State of Texas Energy Audit) and proceed in descending order to the measures
with the smallest SIR or until the maximum allowable per unit expenditures are
achieved. Contractor shall weatherize eligible dwelling units using only
weatherization materials which meet or exceed the standards prescribed by the
United States Department of Energy ("DOE") in Appendix A to Part 440 of the W
AP Regulations, State of Texas adopted International Residential Code ("IRC") or
jurisdiction authorized by State law to adopt later editions.
ii. Services performed shall meet or exceed the latest standards and procedures of
the National Electrical Code, American Society of Heating, Refrigerating and Air-
Conditioning Engineers, Uniform Plumbing Code, International Plumbing Code
and Fuel Gas Code and Department of Energy Weatherization guidelines.
E. The product of labor and skill executed and quality of materials must be in accordance with
City, State, and Federal building codes and regulations and/or according to the
Weatherization Installation Standards for the State of Texas.A copy of this manual may be
obtained by writing the Weatherization Assistance Program, Attention: James Armstrong,
Parks and Community Services Department, 818 Missouri Ave. Fort Worth, TX 76104
Suite 245.
F. Contractor shall arrange and schedule all work with the homeowner/occupant in
accordance with City-designated orders, if applicable.
G. Contractor shall provide all transportation of tools, materials, and personnel to job sites.
H. Contractor shall provide adequate, trained on-site supervision of all Services.
I. Insert all WAP regulatory references here
J. In addition to the training or certification requirements required by law, the Contractor and
all associated crew members will be required to attend mandatory training prior to
commencement of any services. The training will include, without limitation, the following:
a. Lead Safe Weatherization (LSW) / Environmental-Protection Agency (EPA)
requirements;
b. Production Goals; and
c. Material Installation Standards.
K. The Contractor is responsible for maintaining and submitting necessary documents and
reports as may be required by the City, in its sole discretion, on weatherization projects.
The Contractor shall comply with the record keeping requirements set forth in section
440.24 of the WAP Regulations, any record keeping requirements set forth in any
applicable funding agreements between the City and TDHCA (including Fort Worth City
Secretary Contract Number 43428, Section 9: Record Keeping Requirements), all of which
shall be incorporated herein by reference as if fully reproduced herein, and with other such
additional record keeping requirements as set forth herein, including, but not limited to, the
following:
a. Unit Completion Form, (request for a final inspection);
b. Invoice for material, labor, and total charge for each home weatherized in
accordance all required standards and specifications, including, but not limited to,
Billing Instructions, Number 16 of the Standard Specifications and Conditions, and
a form that will be e-mailed from NSD;
c. Itemized materials invoice; and
d. Building permit, when applicable, that indicates acceptance of work by the City's
Attachment A-1 Revised 5/2018 5
Attachment A-1
Planning and Development Department; these documents must be submitted with
the invoices.
L. Contractor shall comply with the requirements of the Environmental Protection Agency
(EPA), including the Lead-Based Paint Renovation, Repair and Painting Program Rule
(RRP). Contractor must follow the requirements of the RRP Rule when performing
renovation, repair, and painting programs in houses built before 1978, including using lead-
safe work practices. Contractor and any subcontractors performing renovation repair, and
painting projects that disturb lead-based paint in pre-1978 houses must be certified by the
EPA. Contractor shall also abide by any laws, regulations or rules pertaining to lead
remediation promulgated by the State of Texas or any agency thereof.
M. Additional Cost for Lead Safe Weatherization (LSW). For jobs involving LSW, Contractor
may charge for an additional 10% of the labor and material cost for installing the item. The
additional charge will cover the contractor for cost incurred in set-up for LSW practices.
N. The Contractor is required to provide at least one valid e-mail address to which the City
may send or receive the following:
a. Program Correspondence
b. Notification of Assignments
c. Invoices
d. Client Complaints
e. Status Reports on Unit Completion
f. Request for Inspection
g. Other Critical Documents / Memos
IV. HOUSEHOLD CRISIS PROGRAM
A. The awarded vendor, hereinafter referred to as "Contractor," shall furnish all equipment,
materials, repair personnel, parts, permits, and all tools required to perform assessments,
maintenance, and repair services on heating, ventilation & air cooling (HVAC) electrical
systems (assessment and repair only) as requested and directed by the City of Fort Worth
Community Action Partners (CAP). The home must be owned by the applicant, if the
participant's rents/leases the home, the landlord must provide written approval to allow the
recommended work. CAP staff will provide the form for the landlord to complete.
B. The Program is designed to aid CAP participants in achieving energy self-sufficiency by
addressing inefficient HVAC electrical/gas systems in the participants' homes.
a. CAP staff will inform Contractor the amount allowed for each participant.
C. Contractor shall:
a. Properly operate a Freon Reclaim unit
b. Properly assess and install window air conditioners and seal according to
specifications set forth by the Texas Department of Housing and Community
Affairs
c. Have the resources to communicate in writing and verbally (in person and by
phone) with participants who speak other languages (primarily Spanish)
d. Have appropriate dress attire and proper identification, to assure the City's
participants can readily identify technicians providing services at the participants'
homes
e. Perform assessments within ten (10) business days after receiving a work order
and a Blanket Purchase Order Release Number
f. Under normal circumstances all work orders shall be completed within one (1)
month of receipt of work orders.
g. Exceptions to this requirement shall be allowed only in the event an eligible
participant is unavailable for scheduled service delivery.
h. Not alter any work order without authorization from CAP staff
i. Provide program staff with documentation of the number of contact attempts per
participant.
Attachment A-1 Revised 5/2018 6
Attachment A-1
j. The Contractor shall assess and complete assessment forms, provided by CAP,
on all appliances [window units, electric space heaters and electric/gas HVAC
systems).
k. Assessment forms are to be completely filled out or, where not applicable, "N/A"
is to be reflected. (EXHIBIT ONE).
I. Signature of technician(s) performing the work and the participant must be on all
forms provided.
m. Under normal conditions, Contractor shall contact the participant to schedule a
time to survey and perform each assigned jobsite assessment within ten (10)
business days of notification by an authorized CAP employee.
n. Contractor shall complete the assessment form(s)for each jobsite and submit
overall assessment to CAP staff to receive authorization to proceed with
completing the work order(EXHIBIT TWO)within ten (10) business days of
completing the assessment.
o. Unless otherwise instructed, Contractor shall contact the participant to schedule
a time and to complete the work order within ten (10) business days after
receiving authorization to proceed from CAP.
p. Contractor shall submit the invoice for payment electronically within ten (10)
business days of completing the assignment. Invoices shall be dated the day of
submission.
q. If CAP specifies the work order as an energy crisis, Contractor(s) shall survey
jobsite within 24 business hours and complete all work within 48 business hours
of the receipt of authorization to proceed.
r. If CAP specifies a work order to present a life-threatening situation, Contractor(s)
shall complete all work at the jobsite within 18 business hours of the receipt of
authorization to proceed.
s. The Contractor must provide the participant with a one (1) year warranty for all
worked performed.
t. The Contractor must provide before and after photos (which include the serial
numbers) of all HVAC system repairs.
V. ACCESSIBILITY PROGRAM
A. All Priority Repair requirements are applicable to the Accessibility program
Attachment A-1 Revised 5/2018 7