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HomeMy WebLinkAboutContract 45066 (2)ChTY RM-VARY (--.M TRACT WO0 0 to ck()_. CITY OF FORT WORTH JOB ORDER CONTRACT (JOC) SERVICES CONTRACT 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 Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing, a sole proprietorship 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, the Contractor hereby agrees with the City to commence and complete the Job Order Contract Services described herein. ARTICLE 1. DEFINITIONS "Building Code" means the City's Building Code as amended from time to time. "Contract Documents" means, collectively, this document, the Job Order, the General Conditions, the Invitation to Bid and Contractor's Response to Invitation to Bid, and all other documents that are attached or incorporated herein by reference. "Contractor Personnel" means the employees, staff or subcontractors employed by Contractor to perform Work under this Contract. "Housing Unit" means a house owned by a resident of the City of Fort Worth. "Invitation to Bid" means the Invitation to Bid for Priority Home Improvements, No. 12-095. "Job Order Contract" or "JOC"" is a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity governing agreement for minor construction, repair, and/or rehabilitation of Housing Units (`Project"). "Job Order" means an itemized list of the Work on a Housing Unit 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 form (Attachment A). "Standard working hours" are 7:30 a.m. to 5:00 p.m., CST Monday through Friday, unless alternate standard hours are agreed to in writing for an individual Job Order. "Work" means the repair, rehabilitation, alteration, renovation, new construction and/or services for a Housing Unit required by a Job Order and the Contract Documents, whether completed or partially completed, and 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. -� j JWiL) ((;(� 11 ?! ^')If ��'ifl'ti1f' �`' `►� � �1' �� )1211 t I 1 i ` Priority Repair Program Contract with Anthony Lee Brown and Tonie Walker Brown aiaia �- Camelot Roofing October 2013 LIP '41 1 i;tr,�civro 'jg'7 1, 1).) ARTICLE 2. SCOPE OF SERVICES A. Contractor shall furnish all of the labor, materials and equipment necessary to perform the Work as described in each Job Order. The Contractor shall do everything required by the Contract Documents for each Job Order. B. 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. 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 modification of this Contract is necessary to comply with the Building Code, then the Parties shall execute a written modification of this Contract. C. City will inspect all completed Work before payment to the Contractor is approved. Contractor must repair or replace all Work and materials that do not pass inspection or meet standards Such repair or replacement of Work shall be completed within 2 working days from written notification 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. D. Contractor shall not solicit or contract with residents to perform additional work on the Housing Unit for minimum of 6 months after the Work is complete. ARTICLE 3. INSURANCE REQUIREMENTS Contractor shall not commence Work until it has obtained all insurance described in Attachment A and proof of such insurance has been received and approved by City. ARTICLE 4. TIME OF COMPLETION For each Job Order, City shall provide Contractor a written Notice to Proceed which states a date for commencement of the Work 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 such completion dates. The time set forth for completion of the Work for each Job Order is an essential element of this Contract Contractor acknowledges that failure to complete the Work within the stated number of calendar days and timely complete the Job Order may result in termination of this Contract. ARTICLE 5. TERM OF CONTRACT This Contract shall commence as of the Effective Date and shall automatically expire upon the earlier of the expenditure of $300,000.00 or 1 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 still with Work 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. The Contract shall be renewable at the City's option for up to 4 additional one-year terms at a maximum of $300,000 00 each year. If City does wish to exercise its option to renew, it will do so by providing written notice to Contractor at least 10 calendar days prior to the expiration of the Contract. If City exercises a renewal option, the renewal term shall be deemed to include this option provision as well as all other terms and conditions of this Contract unless specifically changed or modified in writing. Priority Repair Program Contract with Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing October 2013 2 ARTICLE 6. PAYMENT FOR SERVICES A. City shall pay Contractor on an individual Job Order basis based on the Bid Tabs in Attachment C upon City's acceptance of the completed Work and submission by Contractor of a detailed invoice accompanied by evidence of acceptance . B. City shall have the unconditional right to withdraw a Job Order at any time before or after the Contractor has submitted its response to the Job Order. 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 issued a Notice to Proceed C. For a Job Order to become effective, it must (a) be signed by City and Contractor, (b) be for a fixed price, lump sum for the Work, (c) be based on the prices in Attachment C, and (d) include a Notice to Proceed. City shall pay Contractor within 30 days of acceptance of Work. D. Any Work outside of the scope of the Job Order or this Contract that is not authorized by the City in writing will be a disallowed cost for which Contractor will not be compensated. 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 by Contractor or any subcontractor on a Housing Unit will be grounds for termination for cause of this Contract. 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 Housing and Economic Development Department inspectors to be scheduled. ARTICLE 9. CITY INSPECTION AND ACCEPTANCE OF WORK Inspection and acceptance of any Work shall be as stated in the specific Job Order in accordance with the Contract Documents Work must pass inspection and be approved by inspectors from both the Planning and Development Department for Building Permits and the Housing and Economic Development Department. 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, nor is the inspector authorized to change any term or condition 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 Contract requirements, unless City consents to accept the Work with an appropriate adjustment in the Job Order price. Priority Repair Program Contract with Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing October 2013 3 ARTICLE 10. WARRANTY OF CONSTRUCTION AND OF EQUIPMENT INSTALLED Contractor shall warrant that Work conforms to the Job Order requirements and is free of any defect in equipment, 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 free of cost or charges to City or the resident, whether or not the materials or equipment 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, appliances, 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 resident with all manufacturers' and suppliers written guarantees, warranties and operating instructions covering materials and equipment 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. ARTICLE 12. SUBCONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREAS Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises ("M/WBEs") in all phases of its procurement practices 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. Therefore, Contractor agrees to incorporate City Ordinance No. 15530 ("Ordinance"), and all amendments or successor policies thereto, into all contracts and subcontracts and will further require all persons or entities with whom it contracts to comply with said ordinance. In accordance with the Ordinance, City has goals for the participation of M/WBE in City contracts. Contractor acknowledges the M/WBE goals established for this Contract and its 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 a period of time of not less than 3 years. THE M/WBE GOAL FOR THIS CONTRACT IS 0%. Analysis of whether such M/WBE goal is met will be measured on an aggregate basis for the entire term of the Contract Contractor is also responsible to contact the City's M/WBE Office to obtain lists of certified M/WBE firms in order to meet this goal. The M/WBE firm(s) must be located or doing business in the City's geographic market area at the time of the issuance of an individual Job Order. The City's geographic market includes the following 9 counties: Tarrant, Parker, Johnson, Collin Dallas, Denton, Ellis, Kaufman and Rockwall. The M/WBE firm(s) must also be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division Priority Repair Program Contract with Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing October 2013 4 Contractor shall deliver the monthly M/WBE reports and supporting documentation to the M/WBE Office, which will verify that payments have been made to M/WBE 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 M/WBE 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). 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 or joint 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 occurs 3 or more times: 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 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. Priority Repair Program Contract with Anthony Lee Brown and Tonle Walker Brown d/b/a Camelot Roofing October 2013 5 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 within 15 days, 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 applicable 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 junsdiction located in Tarrant County, Texas. Priority Repair Program Contract with Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing October 2013 6 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 /N 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. Priority Repair Program Contract with Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing October 2013 7 ARTICLE 21. SURVIVAL 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. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Priority Repair Program Contract with Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing October 2013 8 IN WITNESS WHEREOF, City and the Contractor have each executed and dated this instrument through its duly authorized officers in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. CONTRACTOR: By: Title: a, plAtva Date: /3 APPROV 0 AS TO FORM P LEGALITY: 0 By: Vicki Ganske Assistant City Attorney OOP CITY: By: r64 t.L- Fernando Costa Assistant City Manager Date: AOhi a ATTEST: By: larly ayfseY v City Secretary M&C C-26508 Date: 10/15/2013 OFFICIAL RECORD CITYS©RETARy: NORTH, TX Priority Repair Program Contract with Anthony Lee Brown and Tonle Walker Brown d/b/a Camelot Roofing October 2013 1 9 Attachment B GENERAL CONDITIONS HOME IMPROVEMENT SERVICES PRIORITY REPAIR rnOGRAIYt I. SCOPE Contractor shall provide all labor, equipment and materials necessary to perform and complete the Contract as descnbed herein. The services include, but are not limited to plumbing electrical, roofing, and heating, ventilation and air conditioning Words used in this Attachment shall have }he same meaning as in the Contract unless otherwise defined herein. II. CONTRACTOR AND SUBCONTRACTOR QUALIFICATIONS A. Contractor shall familiarize themselves with the quality and quantity of work to be performed and the materials and equipment required B. Contractor certifies that both Contractor and any subcontractors are licensed and trained to perform the Work. Contractor shall provide proof of all applicable licenses for itself and for any subcontractors. C. Contractor and any subcontractors may not be debarred or suspended from performing work by any local, state or federal If Contractor or any subcontractors have been debarred, suspended or are not properly licensed, this Contract shall automatically terminate. D. All necessary licenses shall be maintained throughout the Contract term. City shall have no responsibility or liability to determine the legitimacy, quality ability or good standing of any subcontractor. I!!. SECURITY AND INDENTIFICATION A. All Contractor Personnel shall be legally authorized to work in the United States of America. If requested, Contractor shall provide 1-9 forms for each individual assigned to the Contract, and documentation supporting the submission of said forms. If requested, Contractor shall provide any "No -Match" letters from the Social Security Administration. B. If requested, a complete list of the Contractors Personnel, including driver's license and social security numbers, will be provided to City The same information shall be provided prior to the assignment of a new employee if requested by City. C. Contractor shall issue an identification badges to Contractor Personnel identifying the worker and such identification badge shall be visibly worn at all times during the performance of Work. In addition Contractor Personnel shall wear uniforms which identify their employer. IV. INTOXICANTS AND ILLEGAL DRUGS The use of any kind of intoxicants or illegal drugs by Contractor Personnel while performing Work or Contractor Personnel bringing intoxicants or illegal drugs onto the Work site shall constitute grounds for termination of this Contract for cause by City. V. BACKGROUND INVESTIGATIONS Contractor shall perform a criminal background check on all Contractor Personnel prior to them entering a Housing Unit or performing any Work. Contractor shall ensure that no Contractor Personnel with criminal convictions or pending criminal hearings will be assigned Attachment B (October 2013) 1 Attachment B to perform Work under this Contract. If requested, Contractor shall provide copies of background checks on Contractor Personnel. VI. DRUG SCREENING Contractor shall perform drug screenings of all Contractor Personnel and if requested, shall provide certification that all Contractor Personnel are drug free pnor to their assignment. Additional drug screening may be requested by City and Contractor, at Contractor's cost shall have such testing performed. VII. INSURANCE REQUIREMENTS A. Basic Coverage Lines and Applicable Policy Limits. Insurance coverage(s) required herein are intended to respond to occurrences which may apse from services and/or goods related to this Contractor shall carry insurance in the types and amounts for the duration of this Contract as listed below, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof: 1. Commercial General Liability ("CGL") Insurance $1,000,000 Each Occurrence $2,000,000 Aggregate Limit The CGL policy shall be the primary insurance with respect to any other insurance afforded the City. It shall have no exclusions or endorsements that would alter or nullify premises/operations, products/completed operations, contractual, personal injury or advertising injury which are normally contained within the policy unless City approves such exclusions in writing. 2. Automobile Liability $1,000 000 each accident on a combined single -limit basis, or $100 000 Property Damage $250 000 Bodily in ury per person $500 000 Bodily Injury per person per occurrence Coverage shalt be a commercial business policy which provides coverage on "Any Auto", defined as any vehicle owned, hired or non -owned. Specifically, this means coverage on any vehicle used by Contractor Personnel in the course of the providing services under this Contract. 3. Workers Compensation Insurance Statutory Limits Employer's Liability $100,000 Each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. Note: Such insurance shall cover employees performing Work including but not limited to construction, demolition, and rehabilitation. Contractor or its Attachment B (October 2013) 2 Attachment B subcontractors shall maintain coverages, if applicable. In the event the respective subcontractors do not maintain coverage, Contractor shall maintain the coverage on such subcontractor, if applicable, for each subcontract. 4. Contractor is responsible for providing City a 30-day notice of cancellation or non - renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. (a B. Certificates of Insurance and Endorsements effecting coverage required by this Section shall be forwarded to: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 C. Additional Insurance Requirements 1. The City, its officers, employees and volunteers shall be named as an Additional Insured. This requirement does not apply to Workers' Compensation or Automobile policies. 2. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 3. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of City's Risk Management Division. if the rating is below that required, written approval of Risk Management is required 4. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 5. Unless otherwise stated, all required insurance shall be written on the occurrence basis. If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the Contract and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for 5 years following completion of the service provided under the Contract or for the warranty period, whichever is longer. An annual certificate of insurance submitted to City shall evidence such insurance coverage. 6. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires Contractor to obtain such coverage the Contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be acceptable to and approved by the City's Risk Management Division in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved by Risk Management. Any deductible in excess of $5,000.00 for any policy that does not provide coverage on a first -dollar basis must be acceptable to and approved by the City's Risk Attachment B (October 2013) 3 Attachment B Management Division. 9. City, at its sole discretion, reserves the right to review the insurance requirements of this Section during the term of the Contract and to modify insurance coverages and their limits when deemed necessary and prudent by the Risk Management Division based on economic conditions recommendations of professional insurance advisors, changes in statutory law court decisions, claims history of the industry as well as of the Contractor to the City of Fort Worth or other relevant factors. City shall provide 90 days prior notice of changes to these insurance requirements. 10. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or rev sion or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established. by law or regulations binding upon either of the party or the underwriter on any such policies. 11. Any failure on City's part to request certificates of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. 12. In conjunction with the aforementioned requirements, Contractor must provide the same insurance coverage for any subcontractors employed within the scope of this Contract. VIII. COST FOR WORK PERFORMED Contractor will perform the Work for the cost shown on the Bid Tabs (Attachment C). IX. GENERAL WARRANTY Contractor warrants that all labor and materials are of the type and grades specified in the Invitation to Bid and that labor has been performed in a standard mariner. Contractor shall, without cost to the resident or to City, remedy any defect due to faulty material or workmanship and pay for all damage to other work resulting therefrom, which appear within 1 year from final payment. Contractor shall furnish to resident all manufacturers' and suppliers written warranties covering items furnished under this Contract prior to release of the final payment. COMPLIANCE WITH FEDERAL LAW A. The Project is subject to the Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA) as supplemented by Department of Labor regulations at 29 CFR Part 5. FLSA sets out the requirements for payment of minimum wages, overtime pay child labor standards and prohibit wage discrimination on the basis of sex. CWHSSA sets a uniform standard of 40 hour workweek with time and a half the basic rate of pay for all work in excess of 40 hours per week. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS. B. The Project is assisted in whole or in part by Community Development Block Grant ("CDBG') funds and 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. Attachment B (October 2013) 4 Attachment B Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.). Title VII I 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.) S ection 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.). N ational 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 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 Requirement that Law Be Quoted in Covered Contracts. — Certain Reauirements P ertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. Sections 1701 et sea.) and its related reaulations at 24 CFR P art 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"): S ection to be quoted in covered contracts begins: Attachment B (October 2013) 5 Attachment B 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 1701u (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 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. 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 Attachment B (October 2013) 6 Attachment B 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. C. Contractor covenants and agrees that its officers, agents, employees and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG Regulations. D. All information and data arising from the work performed under this Contract shall be the property of the City and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Contractor shall release and provide to City or its authorized designee all information and data related to performance under this Contract. Contractor shall not limit or attempt to limit access to information or data by the City nor shall Contractor obtain or attempt to obtain a copyright to such information or data. Contractor understands and agrees that data may be released to third parties, including but not limited to HUD at the sole discretion of City. E. In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall, at the sole discretion of the City, be assigned to City upon demand. City retains all rights to intellectual property developed in the course of this Contract. F. in the event any copyright arises with respect to any data or other copyrightabie work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall, at the sole discretion of City, be assigned to City upon demand. G. City, HUD, and the United States Comptroller General, or their respective representatives, shall have access for 4 years following the termination of this Contract to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. H. All records pertaining to Contract, including but not limited to any books, documents, and papers, shall be retained for 4 years following the termination of this Contract. Contractor may destroy Project records at the end of this 4 year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. XI. NONDISCRIMINATION A. Contractor, in the execution performance or attempted performance of this Contract, shall comply with all non-discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Contractor may not discriminate against any person because of race, color sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Contractor permit its officers, agents, employees, or clients to engage in such discrimination. Attachment B (October 2013) 7 Attachment B B. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, agents, e mployees and subcontractors, have fully complied with all provisions of same and that n o employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, agents, employees or subcontractors. C. During the performance of this Contract, Contractor agrees to the following provision, and will require that its subcontractors also comply with such provision by including it in all contracts with its subcontractors: [Contractor or Subcontractor's name] will not unlawfully discriminate against any e mployee or applicants for employment because of race, color, sex, gender, religion, national ongin, familial status, disability or perceived disability, sexual o rientation, gender identity, gender expression or transgender. [Contractor or Subcontractor's name] will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability sexual orientation, gender identity gender expression or transgender and that employees are treated fairly during e mployment without regard to their race, color, sex, gender, religion, national o rigin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor or Subcontractors name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor or Subcontractor's name] will, in all solicitations or advertisements for e mployees placed b, or on behalf of [rnntracfor nr Subcnntrac+nr's nt..41 etate that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status disability or perceived disability, sexual orientation, gender identity, gender expression or transgender [Contractor or Subcontractor's name] covenants that neither it nor any of its officers, members, agents, employees or contractors while engaged in performing this Contract, shall, in connection with the employment, advancement o r discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age o r because of any disability or perceived disability except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Contractor or Subcontractor's name] further covenants that neither it nor its officers, members agents employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification retirement plan or statutory requirement. D. Contractor covenants that neither it nor any of its officers, agents, employees, or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of Attachment B (October 2013) 8 Attachment B their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. E. Contractor further covenants that neither it nor its officers, agents, employees, subcontractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. F. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor or employees of Contractor or any of its subcontractors. CONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR SUBCONTRACTORS AGAINST CITY ARISING OUT OF CONTRACTOR'S AND/OR ITS SUBCONTRACTORS' ALLEGED FAILURE TO COMPLY WITH THE ABOVE - REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. XII. PERFORMANCE Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. XIII. CHANGE IN COMPANY NAME OR OWNERSHIP Contractor shall notify City in writing of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized agent must sign the letter. Failure to do so may adversely impact future invoice payments. XIV. TERMS AND CONDITIONS The City's Standard Purchasing Terms and Conditions in Attachment D shall apply to the Contract. XV. REPAIR OF DAMAGE AND DEBRIS REMOVAL A. Contractor is responsible for repairing any damage to utility lines that may occur during the course of performing its duties under this Contract. Contractor shall repair and/or replace damaged sod, shrubbery, sidewalks, driveways etc. that are damaged during its performance of this Contract. Sod and shrubbery must be replaced with the same type that was damaged. B. Under no circumstances shall the Contractor leave construction debris (paint chips nails shingles, etc.) on the resident's property. Contractor is responsible for properly disposing of these items. Attachment B (October 2013) 9 Attachment B XVI. SUPERVISION Contractor shall, during all periods of Contract performance, provide competent supervision of Contractor's employees and subcontractors to assure complete and satisfactory f!!fillment of the Work and the terms of this Contract. Contractor or a capable, fully authorized representative must be immediately available during all Work activities to receive any and all special instructions from City. Failure to provide competent supervision, as determined the City, shall be an event of default under this Contract. XVII. SAFETY Contractor shall be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but not limited to Environmental Protection Agency ('EPA") regulations, City Ordinances, and Occupational Safety and Health Agency ("OSHA") regulations. In addition, Contractor shall be wholly responsible for instructing its employees and subcontractors in these safety measures and seeing that they are in full compliance. XVIII. HAZARDS A. Contractor shall not permit the placement or use of equipment or materials in such manner as to block traffic lanes or to create safety hazards. Contractor Personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting the Work, if necessary B. If applicable, Contractor shall comply with all Federal and State regulations governing repair and/or removal of lead based paint. XIX. DEFECTIVE WORK AND DAMAGES A. Contractor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any Housing Unit caused by its activities at no cost to the City or resident. Restoration and correction shall be to City s complete satisfaction in its sole discretion. This shall apply to any part of a Housing Unit, its appurtenances the adjacent yard or grounds, or any other tangible damage incurred in the performance of the Contract. B. Failure by Contractor to proceed promptly with corrective actions shall be cause for termination of this Contract with amount(s) necessary to correct defective Work and/or damage being withheld from payments due or to become due to the Contract. INSPECTIONS AND PERMITS Contractor shall apply for and obtain all permits prior to performing the Job Order with the City of Fort Worth Planning and Development Department for all Work requiring a permit. Contractor shall arrange for inspections and inform the Housing and Economic Development Department as to the date and time of any inspection All permits shall be billed as pass through cost with no mark-up and listed as a separate line item on invoice. Contractor must provide proper documentation with each invoice in order to support payment of cost of the permit. Failure to provide the supporting proof documentation will result in non-payment of permit expenditure. XXI. ADDITIONAL REQUIREMENTS FOR WORK A. Contractor shall protect resident's household goods and property from damage or loss during Work, and maintain same in as good condition as before Work started. Attachment B (October 2013) 10 Attachment B B. Contractor shall leave the Housing Unit in at least broom clean condition. Any materials, fixtures and equipment belonging to the resident, which are removed and not reinstalled, shall be removed from the Housing Unit unless the City or resident requests that they be left. These and other materials as well as other rubbish and debris resulting from the repairs shall be removed from the job site immediately after completion of the Work. C. PLUMBING SERVICES: GENERAL REQUIREMENTS: 1. Unless otherwise specified, all materials shall be PEX or otherwise specified. 2. All items shall operate without leakage, noise, vibration or hammering. All penetration of building components shall be neat, sleeved, & fire stopped. No solder containing lead shall be used in any pipe or fixture. Damage to structural members from drilling or notching shall be repaired to the acceptance of the City. 3. WATER SERVICE —COPPER K LINE: Excavate to 36', lay 1" type K, copper pipe and refill trench for water service. Lay line without joints from meter hub to main shut off valve inside structure. Contractor to apply and pay for all permits, repair concrete cuts and coordinate installation of new meter. Backfill, seed and mulch disturbed yard areas. 4. WATER SUPPLY —PVC: Install PVC cold and CPVC hot water supply lines to fixtures. Clean joints with dyed solvent and solvent weld all joints Size pipe to 1986 CABO minimums per table p. 2406.5. i.e. 1/2 mains and 1/4" fixture supply. Install PVC or brass shut off valves at all fixtures. 5. SHUT OFF VALVE: Install PVC or chromed brass shut-off valve on existing fixture supply line. 6. ROD AND CLEAN DRAINS: Rod and clean drain lines at all fixtures to clear lines for fixtures to main street sewer. 7. DRAIN -WASTE -VENT -PVC: Install schedule 40 PVC pipe and fittings, solvent welded after a dyed cleaning step. Install pipe with hangers 3' on center without critical damage to structural members 8. SEWER SERVICE-4" PVC: Install a 4" PVC sewer line from structure and connect to the public sanitary sewer system. Install clean -outs as required. Re -grade yard 'n work area, sow grass seed and spread straw to reestablish lawn. Contractor to apply and pay for all permits and road repairs. 9. REMOVE BATH HEATER REPAIR WALL: Remove gas wall heater from bath. Cap gas line use conforming material to repair wall. 10. GAS LINE —PRESSURE TEST: Cap all gas lines prior to filling the distribution system with 120 lbs. of compressed air. Maintain pressure for 24 hours. Locate and seal any leaks in the system. 11. GAS LINE — SCHEDULE 40 STEEL: Hang 3/4" main and 1/2' fixture gas supply lines of schedule 40 black steel pipe with malleable iron screwed fittings. Install brass stop valves at all equipment. 12. GAS LINE —LPG COPPER: Provide copper LPG lines and fittings in strict accordance with NFPA-56, and ASTM B-75. Provide main shut-off for entire residence and fixture shut -offs at each appliance. 13. GAS FLEXIBLE SUPPLY LINE: Install an epoxy coated, flexible metal gas line with brass compression fittings from gas stop valve to appliance 14. GAS SHUT OFF VALVE: Install bronze, square head, gas cock valve for fixture. 15. GAS LINE —CAP: Cap gas lines in each room which supply or are intended to supply natural gas to unvented space heaters. Lines shall be capped below the floor, remove space heater and or unit and dispose accordingly. . Attachment B (October 2013) 11 Attachment B 16. TPR VALVE: Install temperature and pressure relief valve and discharge tube on water heater. Discharge tube to run within 6" of grade and/or to outside of structure. 17. WATER HEATERS: Installation cost shall include all travel time, trip charge, labor & equipment/material/supplies required to install complete new water heater. Install a glass lined, high recovery, insulated, gas water heater with a 10-year warranty (electnc water heater when applicable). Use A 0 Smith or approved equal. Installation cost shall include new double wall vent pipes, collard, nen gas line, new T&P lines, new roof flue/Jack stack -complete, pan and pipe insulation. Unit must meet city code and must be raised 18' from elevation (when applicable). The removal of existing water heater and proper disposal shall be in accordance to EPA regulation "Contractor is responsible for securing permit." WATER HEATER-30 GALLON GAS: WATER HEATER-40 GALLON GAS: WATER HEATER-30 GALLON ELECTRIC: WATER HEATER-40 GALLON ELECTRIC: 18. WATER SUPPLY PEX-1 BATH HOUSE: Remove all water supply from main shut off valve inside structure. Install PEX type 3/4" fixture grouping trunk/manifold and 3/8" individual supply lines to service one 3 piece bath, water heater, kitchen and laundry area. Follow Manufacture Installation Guide using all PEX fittings and crimp rings, shall be complete, code compliant, fully usable, and include shut-off valves chromed fixture supply lines and air gaps. Insulate all pipes where applicable to include over the attic areas. 19. WATER SUPPLY PEX-2 BATH HOUSE: Remove all water supply from main shut off valve inside structure. Install PEX type 3/4" fixture grouping trunk/manifold and 3/8" individual supply lines to service two 3 piece bath, water heater, kitchen and laundry area. Follow Manufacture Installation Guide using all PEX fittings, and crimp rings, shall be complete; code compliant, fully usable, and include shut-off valves chromed fixture supply lines and air gaps. Insulate all pipes where applicable to include over the attic areas 20. WATER SUPPLY PEX-3 BATH HOUSE: Remove all water supply from main shut off valve inside structure. install PEX type 3/4" fixture grouping trunk/manifold and 3/8" individual supply lines to service two 3 piece bath, water heater, kitchen and laundry area. Follow Manufacture Installation Guide using all PEX fittings and crimp rings, shall be complete, code compliant, fully usable, and include shut-off valves, chromed fixture supply lines and air gaps. Insulate all pipes where applicable to include over the attic areas. 21. Hourly Labor Rate for Master Plumber: Services will be provided Monday through Friday between 7:30 am and 5:30 pm. Rate shall include trip charge, travel time, mileage, transportation cost, parking and toll fees. Rate shall start upon arrival at client home or worksite. 22. Hourly Labor Rate for Carpentry Services and related work not specified or mention under this bid. Note: Rate shall include trip charge, travel time, mileage, transportation cost and parking fees. The labor rate shall start upon arrival at client's home or worksite. Contractor is responsible for securing permit (when applicable) 23. Contractor shall bid a mark-up percentage over his/her costs for equipment, parts and supplies not specified on the Pricing Sheet. (Contractor shall provide proof of his/her costs with each applicable invoice.) 24. Contractor shall bid a labor rate for services not specified on the Pricing Sheet. Attachment B (October 2013) 12 Attachment B D. HEATING VENTILATION AND AIR CONDITIONING (HVAC) GENERAL REQUIREMENTS: 1. Equipment shall operate safely without leakage, noise, or vibration. All penetration of building components shall be neat, sleeved and fire stopped and shall not compromise structural integrity. 2. Contractor shall submit a diagram, and must use the Air Conditioning Contractors of America (ACCA) Manual J Heat loss calculation tool http://www.acca.org/tech/manual]/), and use ACCA's Manual S for equipment selection. 3. Size of furnace selected should be matched to the living unit considering any areas which may be added or subtracted from the plan plus meet the current Energy Code requirements adopted by the City to efficiently heat the structure. Contractor must provide report of Manual J and Manual S calculations and conclusions and provide a diagram of the proposed layout of distnbution system for City approval. 4. Duct work and boots must meet current energy code minimum R rating. When HVAC services are requested, Contractor shall provide City with brand name, model number, and size of unit prior to installation. 5. All installations shall be code compliant. HVAC PERMIT IS REQUIRED. Installation cost shall include all labor, material and supplies required to install new unit in accordance with manufacturer requirements, removal of existing unit and properly disposal in accordance with EPA regulation. Installation shall also include, thermostat, vent flue- complete with outside roof jack and flashing, new gas valve if applicable gas lines and shut off valve, if applicable, duct modification and sealing of all new and existing ducts. plenum and return. Unit shall be properly vented, insulated and /or sealed in accordance to local code requirements (including high low vents). 6. Hourly Labor HVAC Service and related work: Services will be provided Monday through Friday het::een 7:30 am and 5:30 pm. Rate shall include trip charge, travel time, mileage, transportation cost, parking and toll fees. Rate shall start upon arrival at client home or worksite. Contractor is responsible for securing permit, when applicable. 7. FURNACES —GAS — Complete install — Efficiency or higher configuration types: Up - flow, Down -flow and Horizontal. 36,000 BTU 42,000 BTU 50,000 BTU 70,000 BTU 75,000 BTU 80,000 BTU 85,000 BTU 90,000 BTU 100,000 BTU 110,000 BTU HEATER— Complete Install of a gas fired, wall mounted heater including all gas line, thermostat, flue piping complete through the roof jack and flashing. Attachment B (October 2013) 13 Attachment B 35,000 BTU GAS WALL 45,000 BTU GAS WALL 50,000 BTU GAS WALL 9. HEAT PUMP SYSTEMS: installation cost shall include all labor, material, and supplies required to install new complete systems (with new air handler and matching coil) in accordance with manufacturer requirements, removal of existing unit and proper disposal in accordance with EPA regulation. Installation shall include new 7 day programmable thermostat (new five -wire for the new programmable t-stat), new plastic or concrete slab, disconnect box, miscellaneous copper lines and connections, nitrogen test, TXV if necessary, line set cover if necessary and miscellaneous repairs. HEAT PUMP -REPLACE 2TON UNIT: Complete Install of a heat pump unit, 24,000 BTU System. High Efficiency or higher Configuration Types: Up -flow, Down -flow and Horizontal HEAT PUMP -REPLACE 2.5TON UNIT: Complete Install of a heat pump unit, 30,000 BTU System. High Efficiency or higher Configuration Types: Up -flow, Down -flow and Horizontal HEAT PUMP -REPLACE 3TON UNIT: Complete Install of a heat pump unit, 36,000 BTU System. High Efficiency or higher Configuration Types: Up -flow, Down -flow and Horizontal HEAT PUMP -REPLACE 3.5TON UNIT: Complete Install of a heat pump unit, 40,000 BTU System. High Efficiency or higher Configuration Types: Up -flow, Down -flow and Horizontal HEAT PUMP -REPLACE 4TON UNIT: Complete Install of a heat pump unit, 54,000 BTU System: High Efficiency or higher Configuration Types: Up -flow, Down -flow and Horizontal E. ELECTRICAL SERVICES: GENERAL REQUIREMENTS: 1. All materials shall be UL approved and/or National Electrical Code rated. All dulling cutting and fastening shall be neat and true, and shall not critically damage framing members. All patching shall match the surrounding surface or paint the entire wall and break at corners Contractor is responsible for secunng permit. 2. Hourly Labor HVAC Service and related work: Services will be provided Monday through Friday between 7:30 am and 5:30 pm Rate shall include trip charge, travel time, mileage, transportation cost, parking and toll fees. Rate shall start upon arrival at client home or worksite. Contractor is responsible for securing permit, when applicable. 3. ELECTRIC SERVICE-150 AMP: 150 AMP: Replace existing electrical service with a residential, 150 amp single phase, 3 wire electric service. Include a main disconnect, 22 circuit panel board, meter socket, weather head, service cable, and ground rod and cable. Seal all exterior service penetration. New electrical service must meet city code. Dispose of old electric service to code legal dump. 4. ELECTRIC SERVICE-200 AMP: Install a 200 amp, main disconnect, 110/220 volt, 24 circuit panel board, meter socket, weather head, service cable, and ground rod and cable. Seal all exterior service penetration New electrical service must meet city code. Dispose of old electric service to code legal dump. 5. Contractor shall bid a mark-up percentage over his/her costs for equipment, parts and supplies not specified on the Pricing Sheet. (Contractor shall provide proof of his/her costs with each applicable invoice.) Attachment B (October 2013) 14 Attachment B 6. Contractor shall bid a labor rate for services not specified on the Pricing Sheet. 7. Carbon Monoxide Alarm: Brand-Kidde battery operated unit. Alarm must be installed in accordance with the manufactures recommendation. F. ROOF REPAIRS AND SERVICES: 1. All services shall be completed in accordance to local code requirements. Contractor is responsible for securing permit. 2. SERVICE TYPE: Roof Replacement: Tear off one layer and replace roof complete. All roof work performed for this bid shall be warranted for a period of five years following payment. This warranty covers problems such as leaks loose shingles and correcting, replacing or repairing other damage and/or problems that may result from the faulty roof work. Standard roof work shall be bid to include installation of new 20 year 'three tab' or architectural shingles', 15# felt paper, code approved venting, new drip edge, new vent pipe boots, starter shingles for eves and rakes , ridge and gable cap shingles, and code approved Work includes proper disposal of scrap and waste. Bid shall assume less than 6/12 pitch roof. 3. SERVICE TYPE: Tear off each additional roofing layer (beyond one layer): Attachment B (October 2013) 15 ATTACHMENT A Address Description Report • JOB ORDER Project Type: Priority Repair Program Owner: Structure Type: Single -Family Attached Neighborhood: Parcel: Vickery Southeast Addition BLK 2 LOT 8 Rehabilitation Technician Ernest Wells 817-392-7506-office 817-653-5084-cell Project Coordinator Joe Cordova 817-392-7332-office • • r Y.•rt••Nietwamt . tire • Client Number: Ma Project Mgr: Joe Cordova Page 1 of 1 SPECS BY LOCATION/TRADE with Costs 11/27/2012 Bidding Open Date: Bidding Close Date: • Initial: a 14A Case Number: §1/11111111 Project Manager: Joe Cordova Phone: 817-392-7332 z;14nae, ; :WZd�.4 stWf„ , - 1 YX, aorta . rdiyxzixia: t v.»-44tRenayr4Pr;_oa am •,Y "q+' .�� Q .•Y '� V�Ywac" �r�.'% ..�-' `+YR'W'^I.8 i +YtY ��it: Tr'"Q�'�w:�: .. :i: 'iir.s{$r-4 oe ii,j n 9 eta Rego rremer is : .ecel ^' ' A11 r6E`41C y�a1 aezi ' of rose 1+ r.0 n•Alx't •�.u-'e :;'�,'i i7.. l it ;'� eeapp�: Spec # Trade: 1 2 Spec General Requirements REHABILITATION TECH INPUT SPECIFICATION ON THIS PROJECT HAVE BEEN INPUT INTO HOUSING DEVELOPER PRO BY. Ernest Welts REHABILITATION TECH ANY QUESTION OR CONCERNS REGUARDING THIS PROJECT MUST CONTACT REHABILITATION TECH SIGNED ABOVE AT 81 7-392-7506-office 817-653-5084 cell 40 ALL PERMITS REQUIRED The contractor shall apply for, pay for, obtain and forward copies of the following indicated permits to the agency: Plumbing; Electric; HVAC; 68 00 Building; Zoning; Lead Abatement; Asbestos Abatement, Environmental concerns. 80 CODES AND ORDINANCES 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. 90 1 YEAR GENERAL WARRANTY 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, contractor shall furnish owner with all manufacturers' and suppliers' written warranties covering items furnished under this contract prior to release of the final payment. • 120 FINAL CLEAN Remove from site afl construction materials, tools and debris. Sweep clean all exterior work areas. Vacuum afl interior work areas removing all visible dust, stains, labels and tags. L c abr o. Exterior - N6 '. rr:rr:r�1'Ap d_'+'2;MY,t1 :i-:.lt.i'.•'Yi>ti:1�L'.^ ...{ ...._..v:X•..r_:,Lan. ..6s i:iti!.. Spec # Spec _roil? .<. Quantity Units • 1.00 EA 1.00 EA 1.00 EA edi t leor4F• e Unit Price Total Price $0.00 $n.n^u $68.00 $68.00 $Ginn $Winn 1.00 EA $0.00 1.00 EA $0.00 Location Total: $0.00 $0.00 $68.00 Quantity Units Unit Price Total Price elaf2: a.."r. e ar ;Am'•` •', .c:i `•' a^/K,'" ` w �i Ya. .1•••-P4 1 rr1y+ '.'°'^.:-II;::::;;,v.;ri,:C xs.. yen-- ;'-r4'. �•Unit::.P�i° {.Re arr'Pv`, _ �..., .. ;: n. I�}�,, ., .,ro' ramp r.».�:?:;eotY%z'.;: ny ... ..se,. _:!fit :3.,:.., a:,?r.t Ytt.t i�.^ ... ,�.7... ..-_rce.. ,.'-;.ir: wiv ..f�:fi$1<y�' ft!{f'a t r y,r:tswzgyfti:�: ”••••z.t'4 �A €. ate � F A'lC,rt ° rz ±:;r:�::45t •! a 3�x?k�w ^xn ? ��+'SsZrt E t s•: frrF;::.. r-.=•er,,.;r::. Spec # Spec Trade: 15 Roofing KO,{bo:•aY Ji' :::j ]%]: '•Y;%.lv� i'=Li-Yi>•�if i'4•: lr+ kh <jA ' ro ..Wat 4400 -ROOFING--GENERAL REQUIREMENTS Unless othervrisse specified, all material shall match existing as closely as possible for material, style, color and method of installation. Seal all edges. Flash & caulk all adjoining surfaces & make weathertight. Replace all flashing, roofing accessories & nails using rust -resistant material. Install all roofs in one continuous operation. Protect the house contents at all times from exposure to the elements 4490 ROOF SHEA T !'Hits 1/2" Install 1/2" OSB plywood sheathing nailed 8" on center. 4580 TEAR OFF AND REROOF SHINGLES Remove and dispose of all roofing & defective sheathing. Replace any damaged OSB sheets of matching thickness. Staple new felt paper. Install preformed aluminum, drip edge, and vent pipe boots. Install a fiberglass asphalt, 3 tab shingle. Replace all flashing. 4730 ROOF VENTS Do not install turbine vents , instead use flat vents and install whenever possible on the back side of the roof away way from street view. Replacement location(s) listed in separate drawing attachment ,s ,;^ : "=•'•' ;`Qicgeilin' LFldor SP � _ ..=:,ice ... �� r:e9 +i,44V ite VI Quantity Units* Unit Price Total Price 1.00 EA $0.00 $0.00 1.00 EA 21.00 SQ 3.00 EA $20.00 $170.00 $0.00 Location Total: Unit Total for Avenue, Unit Priority Repair Program: Address Grand Total fore euer!!ue: A' •. w r:: ...ter.3. `t' •i':• "..:5,• +• Bidder: $20.00 $3, 570.00 $0.00 $3,590.00 $3,658.00 $3,658,00 j' -ate.): ':F re ;.)i7: '.f: j. 4e'.T•. -C ,ktir' • • t pc-. f ......7)„, P i ., e.' 9.s I lt` I it • • er , • • • 1811 s8.. - S u4re 5 NoAtagba I -- Lix& oss debn 3 - •s are. Pta.# ve,� s 0 ATTACHMENT C ITEMIZED MATERIALS & LABOR BID Camelot Roofing Material Labor ROOF REPAIRS AND SERVICES ROOF REPLACMENT ROOFING TEAR -OFF LABOR RATE FOR CARPENTRY S IDING 1 TOTAL 85.00 $ 90.00 $ 170.00 - $ 20.00 $ 20.00 $ 30.00 $ 30.00 S IDING CLAPBOARD REPLACE/105-5" $ 1.50 $ 1.50 $ 3.00 S IDING CLAPBOARD REPLACE/105-7" $ 1.50 $ 1.50 $ 3.00 S IDING CLAPBOARD REPLACE/105-9" $ 1.50 $ 1.50 $ 3.00 S IDING CLAPBOARD REPLACE/117 $ 1.50 $ 1.50 $ 3.00 S IDING-T-1-11 REPLACE $ 1.50 $ 1.50 $ 3.00 S UMBER-1" X 2" $ 1.00 $ 1.00 $ 2.00 LUMBER-1" X 4" $ 1.00 $ 1.00 I $ 2.00 LUMBER-1" X 6" $ 1.25 $ 1.25 I $ 2.50 LUMBER-1" X 8" $ 1.50 $ 1.50 1 $ 3.00 1 SHEETROCIC/DRYVVALL 1/2 $ 2.00 $ 1.33 $ 3.33 VENDORS MARKUP % 15% City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/15/2013 DATE• Tuesday, October 15, 2013 REFERENCE NO.: C-26508 LOG NAME• 17PRIORITY REPAIR PROGRAM CONTRACTS S UBJECT: Authorize Contracts with Javier Villagomez d/b/a GTO Construction, Anthony Lee Brown and Tonle Walker Brown d/b/a Camelot Roofing, G.A. Miller Enterprises Inc d/b/a Glenn's A/C & Heating, IntegrityTexas Construction Ltd., and Jackey R. Dunn Jr d/b/a Romance Services, for the Priority Repair Program in a Combined Amount of $1,100,000.00 for One Year with Four One -Year Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize contracts with Javier Villagomez d/b/a GTO Construction, Anthony Lee Brown and Tonle Walker Brown d/b/a Camelot Roofing, G.A. Miller Enterprises Inc. d/b/a Glenn's A/C & Heating, IntegrityTexas Construction Ltd., and Jackey R. Dunn Jr d/b/a Romance S ervices, for the Priority Repair Program each for a term of one year in a combined amount of $1,100,000.00 per year and each with four one-year renewal options. DISCUSSION: On May 8, 2012, (M&C G-17589) the City Council adopted the Priority Repair Program to be operated by the Housing and Economic Development Department. The program is funded through the Community Development Block Grant and provides the amount up to $5,000.00 of home repairs to qualified low and moderate income homeowners. The program provides Priority 1 emergency repairs and Priority 2 repairs of failed household mechanical systems to address health and safety issues Eligible repairs include gas leaks, water leaks, major plumbing problems, inoperable and or hazardous water heaters, lack of primary heating sources, electrical problems, roofs repairs, heating/air conditioning systems, and unstable, sagging or rotten bathroom subflooring or ceilings. REQUEST FOR PROPOSALS ADVERTISEMENT - the Request for Proposals (RFP) was advertised in the Fort Worth Star-Telearam on May 22 2013, May 29, 2013, June 5, 2013, June 12, 2013, June 19, 2013 and June 25, 2013 The RFPs consisted of detailed specifications describing the types of services to be provided including plumbing, electrical heating and air-conditioning, roofing services and carpentry services. A total of 380 vendors were solicited from the purchasing database; seven responses were received. Staff reviewed the submittals, the criteria for selecting the vendors which consisted of cost of goods and services (best value price) qualifications, experience and capacity. The cost of goods and services received the highest consideration. S taff recommends entering into contracts with the following five firms: Javier Villagomez d/b/a GTO Construction, Anthony Lee Brown and Tonle Walker Brown d/b/a Camelot Roofing, G.A. Miller Enterprises Inc. d/b/a Glenn's A/C & Heating, IntegrityTexas Construction Ltd., and Jackey R. Dunn Jr d/b/a Romance S ervices, for construction services for the Priority Repair Program, each for a term of one year with four one-year renewal options for a combined overall amount of $1,100,000.00 per year. All work will be assigned on a rotating basis to each contractor. No specific amount of work was promised. Logname: 17PRIORITY REPAIR PROGRAM CONTRACTS Page 1 of 2 M/WBE OFFICE - Except as stated below, the City's MBE goal on this project is 10 percent. Javier Villagomez d/b/a GTO Construction is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this project. Additionally, Javier Villagomez d/b/a GTO Construction is a certified M/WBE firm. G.A. Miller Enterprises Inc d/b/a Glenn's A/C & Heating is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this project. Additionally, G.A. Miller Enterprises Inc d/b/a Glenn's A/C & Heating is a certified M/WBE firm. IntegrityTexas Construction Ltd. is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this project. Additionally, IntegrityTexas Construction Ltd is a certified M/WBE firm. Jackey R. Dunn Jr d/b/a Romance Services is in compliance with the City's BDE Ordinance by committing to 5 percent MBE participation on this project. The City's MBE goal on this project is 5 percent. Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing is a roofing firm; an MBE goal was not set for this roofing service. The Priorty Repair Program is available in ALL COUNCIL DISTRICTS FISCAL INFORMATION / CERTIFICATION. The Financial Management Services Director certifies that funds are available in the current operating budget and will be available in future year budgets, as appropriated, of the Grants Funds. FUND CENTERS* TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 017206650XXX $1.100.000.00 CERTIFICATIONS: Submitted for City Manaaer's Office by: Oriainatina Deoartment Head: Additional Information Contact: Fernando Costa (6122) Cynthia Garcia (8187) Joe Cordova (7332) ATTACHMENTS 1. available funds.PDF (CFW Internal) 2. Contract Compliance Memorandum.pdf (CFW Internal) Logname: 17PRIORITY REPAIR PROGRAM CONTRACTS Page 2 of 2