HomeMy WebLinkAboutContract 31615 FORT WORTH
a
Housing Department
A.L.E.R.T. Program
(Area Lead Education Reduction and Training Program)
A Lead Hazard Control Program
NOTICE TO PROCEED
Project Address: 4316 Crenshaw Avenue Fort Worth, TX 76105
To: Javier Gomez
Company Name: GTO Construction
Address: 5016 Glen Park
Telephone #: 817-819-0609 or 817-819-0608
Fax # None available
From: City of Fort Worth—A.L.E.R.T. Program-
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Dear Mr. Gomez:
This is your Notice to Proceed Order to conduct Lead-Reduction activities(s) of single family
home at 4316 Crenshaw Avenue Fort Worth, TX 76105 will commence on 3/28/05 and will end
on 4/28/05. The total not to exceed cost is in the amount of $5,060.00. Any changes to this
Notice to Proceed should be addressed in writing to the Director or his designee for approval,
prior to executing those changes.
If you have any questions, please do not hesitate to contact the office.
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SEC`ZETA R
�_�'ON T RACT i,w0
LEAD IIAZARD (;ON'hI?OL CONTRACT
PROJECT NANIE: A.L.E.R.T.
(Area L,--ad Education, Redt:ction and Training)
LEAD-I3ASED PAINT IIAZARD CONTROL PROGRAM
PROJECT NO.: 05-00002660
STATE OF TEXAS
COUNTY OF TARRANT
This CONTRACT for Icad hazard reduction ("CONTRACT") is between the CITY OF FORT
WORTH (the "CITY"), a Texas home rule nnulicipal corporation, acting by and through its duly
authorized Assistant City N lana,,cr_ and GTO Construction, a Texas sole proprietorship
("CONTRACTOR"), acting by �dld thi-ou;Lh J:iv icr Ciornez, its Owner and CONTRACTOR'S duly
authorized representative. (� oi.ictimes Cff'�' and CONTRACTOR are hereinafter referred to
individually as a "Party" and collectively as the --Parties").
CITY has received ccrt_liii funds from the U.S. Department of Housing and Urban
Development ("HUD") under `>c.:tions 10121 and 1013 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, which i; Title X oftlhe 1-101.1, ML, and Community Development Act of 1992, as
amended (the "Community De%clopment Act") !'or utilization in connection with its Lead Based Paint
Hazard Control Program ("Ll3Pi I,-'P");
WHEREAS, the CITY'S HOUSING DEPARTMENT ("HOUSING DEPARTMENT") with
the approval of the CITY CO1'NCIL ("CITY COUNCIL"), has adopted a budget for such funds and
has included therein an expenditure of funds Ior its LBPHCP (the "A.L.E.R.T. Project");
WHEREAS, the HOUSING DEPARTyIENT is the designated CITY department responsible
for the administration and monitoring of the A.L.E.R.T. Project and all matters pertaining to it; and,
WHEREAS, the HODS 1 NG DEPARTNIENT \vishes to engage CONTRACTOR to perform
lead-based paint hazard control ,pork for thr A.I,.T?R."i Project under the terms and conditions more
particularly described in this CO.v-1"RACT.
NO`V THEREFORE, tlic Parties a�_,rcc is follow;:
1. QF INITIONS
1.1 For purposes of this CONTRACT, in addition to the definitions and references set forth
throughout this CONTRACT, the following terins shall have the meanings indicated.
(A) `Business Day"— Evcry day of the wecl:. except Saturdays, Sundays and those scheduled
holidays officially ,!clopted and approved by the CITY COUNCIL for CITY employees.
(B) "Certificate of Final Completion" — Certificate issued by the Director of the HOUSING
DEPARTMENT thtit certifies that all work for a particular real property and the
improvements local d thereon has been completed under the terms of this CONTRACT.
(C) "Governmental Audh,ority" — Any and all courts, boards, agencies, commissions, offices
or authorities of am ., nature whatsoever for any governmental unit (federal, state, county,
district, municipal rr otherwise), whether now or hereafter in existence
(D) "Homeowner" —Tl,c owner(s) of the real property and the improvements located thereon.
(E) "Legal Requirements" — (i) Any and all present and future judicial decisions, statutes,
rulings, rules, rc�_til,,itions, permits, certificates or ordinances of any Governmental
Authority in any vy.ty applicable to CONTRACTOR, the Community Development Act,
the A.L.E.R.T. Prnlcct or the Property, including, without limitation, the ownership, use,
construction, rehabilitation, development, occupancy, possession, operation,
maintenance, alter,,tion, repair or reconstruction thereof; (ii) any and all covenants,
conditions and rest-1'tions contained in any deed or other form of conveyance or in any
other instrument of eny nature that relate in any way or are applicable to the Property or
the ownership, ti-C, construction. occtipancy, possession, operation, maintenance,
alteration, repair )r reconstruction thereof; (iii) CONTRACTOR'S presently or
subsequently effec"ive bylaws and articles of incorporation or partnership, limited
partnership, joint v.'nture, trust or AIM— form of business association agreement, if any;
(iv) any and all related to the Property, (v) other contracts, whether written or oral,
of any nature th',.! relate in any way to the Property or the Project and to which
CONTRACTOR r,! ty be bound.
(F) '`Occupant Protection Plan" - The measures and management procedures that will be
taken during the lc,-�c'.-based paint hazard control work and all related activities to protect
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the occupants of t1,,-, Property from exposure to any lead-based paint hazards.
(G) "Project" — the lc.!d-based paint hazard control work and all related activities to be
performed on the Pr( perty by CONTRACTOR.
(H) "Property" — the r,,al property and improvements located thereon as more particularly
described in the dc,,(: to HON,H'10\ NI_R. commonly known as 4316 Crenshaw Avenue
Fort Plt orth, TV 741').1d5.
(I) '`Subcontractor"— .ny person, firm or corporation that has a direct contract, whether oral
or written, with ( ')VMACTOR to perform any portion of the Project or to provide
materials or equiprn c,tt to be incorp'TatAl into the Project.
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(J) "Work' — All lab(ir .iecessary to complete the Project required by the Work Write-Up,
and all materials and equipment incorporated or to be incorporated in the Project during
the course of such iced-based paint hazard control work.
(K) "Work Write-Up" — Any specifications. plans and drawings required by the CITY and
the itemized list of 111 work approved by the CITY, together with any change orders
approved by the CONTRACTOR, the I lomeowner and the CITY.
11. TFRM
2.1 Except as otherwise provide 1 for herein. this CONTRACT shall commence immediately upon its
execution and shall termin.,t , on the earlier of(a) 60 days, or (b) Project completion.
II1. 1\1F_SPON`;I131I,ITIFS
3.1 CONTRACTOR hereby acc_,pts the obliL,,ition to perform in a satisfactory and efficient manner,
as solely determined by C IT �, all services and activities required of it in this CONTRACT.
3.2 No later than execution of this CONTRACT CONTRACTOR shall designate in writing a
representative responsible !',r the manaocment of all matters pertaining to this CONTRACT.
3.3 The Director of the 1-I01_1`;1NG DEPARTNII=.NT or his or her designate shall be CITY'S
representative responsible "er the administration of this CONTRACT.
3.4 Communications between '_]TY and CONTRACTOR shall be directed to the designated
representatives of each as sc� forth in paragraphs 3.2 and 3.3.
1V. COMPLIAN'('F WITH FEi)FR/\L. STATE AND LOCAL LAWS
4.1 CONTRACTOR undcrst.,n,;s and ackiiowled�,es that funds provided to it pursuant to this
CONTRACT are funds tF a Dave been ii,_-Ide available to CI"IY by HUD under its Lead-Based
Paint Hazard Control P,-o,<< rn and in acc )rclance with City's HUD-approved Grant Application
along with other specific urarnces made by �_'FIIY. CONTRACTOR, therefore, promises that
it will comply with ail tl.: requircnicnts of tic Community Development Act and its related
regulations. CONIRAC-1 understand.; ane: .icl�nowledges that the Community Development
Act or its related re(Tula',10111 do not constiti_ite complete compilation of all duties imposed upon
CONTRACTOR by lavv administr.:live ruling, nor do they limit the standards that
CONTRACTOR mus, fol low. Therefore. COi',,fTRACTOR understands that if the regulations
promulgated pursuant to ti.r Community Dev(21opment Act and/or the Lead-Based Paint Hazard
Control Program are amended or revised. it shall comply with them or otherwise immediately
notify CITY pursuant to th.; -)rovisions ol'Articic XXXV of this CONTRACT.
4.2 CONTRACTOR understai!( s that summaries of certain compliance requirements mandated by
applicable federal laws or r :oulations are contained in Housing, Department Rehabilitation and
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Development Division Specification 101 and in the U.S. Department of Housing and Urban
Development, Lead Paint Safety (Field Guide'). copies of which have previously been provided
to CONTRACTOR and mat CONTRACTOR must at all times remain in compliance therewith.
CONTRACTOR further understands that said summaries are intended only as such and in no
way are meant to constitute a complete compilation of all duties imposed upon CONTRACTOR
by law or administrative ruling, or to limit or narrow the standards which CONTRACTOR must
follow.
4.3 CONTRACTOR warrants that all contractors and subcontractors receiving funds in connection
with this Project are familiar with, and shall comply with, any and all applicable rules and
regulations pertaining to l IUD'S Lead-Based Paint Hazard Control Program and that a copy of
the U.S. Department of Housing and Urban Development, Lead Paint Safety (Field Guide) will
be included as part of every contract awarded in connection with this Project.
4.4 CONTRACTOR shall observe and comply with all city, state and federal laws, regulations,
ordinances and codes affecting CONTRACTOR's operations pursuant to this CONTRACT.
V. LEGAI. At-TI IORITY
5.1 CONTRACTOR represcrnts_ warrants, assures and guarantees that it possesses full legal
authority, to enter into this CONTRACT and to perform all of its responsibilities required
hereunder.
5.2 CONTRACTOR'S desi-,nated representative that executes this CONTRACT on
CONTRACTOR'S behall' represents, ,yarrants_ assures and guarantees that he or she has full
legal authority to execute this C'ONTRAC'T on behalf of CONTRACTOR and to bind
CONTRACTOR to all terms, performances and provisions herein contained.
5.3 In the event that a dispute arises as to either CONTRACTOR'S legal authority to enter into this
CONTRACT or the legal authority of CONTRACTOR'S designated representative that executes
this CONTRACT on behalf of CONTRACTOR, CITY shall have the right, at its option, to either
temporarily suspend or terminate this CONTRACT. Should CITY temporarily suspend or
terminate this CONTRACT pursuant to this paragraph, however, CONTRACTOR shall be liable
to CITY for any money it has received from CITY for performance of any of the provisions
hereof.
V1. MAINTENANCE OF EFFORT
6.1 CONTRACTOR a(,rees that the funds and rc,ources provided to it under the terms of this
CONTRACT shall in n(� v,ay be substituted for funds and resources provided from other sources,
nor shall such fiords and resources in anN serve to reduce the funds, resources, services, or
other benefits which NvOU,ld have been to, or provided through CONTRACTOR had
this CONTRACT not been executed.
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VI1. PERFORMANCE BY CONTRACTOR
7.1 CONTRACTOR, in accordance and compliance with the terms, provisions and requirements of
this CONTRACT, and for each Property specified by CITY shall manage, perform and provide
all of the activities and services set forth in the Work Write-Up, attached hereto and incorporated
herein for all purposes as Exhibit "A", to CITY'S satisfaction.
7.2 Modifications or alterations to the Work Write-Up may be made only pursuant to the prior
written approval of the I IOUSING DEPAIZ'rN,ll:NT Director or his or her designate.
7.3 The Work to be performed hereunder shall commence and end on the date specified in the
Notice to Proceed that is issued by CITY liar ti,-, Property.
7.4 CONTRACTOR shall procure a state certified supervisor or project designer to prepare the
Occupant Protection Plan.
7.5 All services performed IlerCunder shall he performed by certified lead firm and certified lead
personnel, certified to perform Icad-based paint activities in accordance with Sections 295.205-
211 of the Texas Environmental Lead RedUCtiou Rules.
7.6 CONTRACTOR shall ensure that all Work performed hereunder shall be performed in
accordance with Section 295.212-214 of the Texas Environmental Lead Reduction Rules. CITY
reserves the right to have personnel removed l'om the Project who are not performing their
services in a workmanlike and professional manner, and in accordance with Texas
Environmental Lead Reduction Rules.
7.7 If CONTRACTOR observes that the Worl: Write-Up is at variance with applicable laws, rules,
ordinances. and/or re,_,ula�ions bearim, on the conduct of the work, it shall promptly notify the
HOUSING DEPARTN/lENT in writinZ .
7.8 Notwithstanding paragraph 7.7 hcrcinbovc, if CONTRACTOR performs Work that it knows or
reasonably should knwv is contrary to or varies from any applicable law, rule, ordinance, and/or
regulation, and does not have written approval from the Texas Department of Health or the
CITY to conduct such variance. the CONTRACTOR shall bear all costs and damages arising
therefrom.
7.9 Upon completion of the 'Work, CONTRACTOR shall perform a visual inspection and sample
wipe analysis of the Property to ensure that the Property is cleared of all surplus material, hazard,
waste, refuse dirt and rubbish resultin'� from the Work performed hereunder.
7.10 If performance by CONTRACTOR is delayed as a direct result of riot, insurrection, fire, act of
God, or operation of laNv, the CONTP�ACTOI: shall notify CITY in writing of the delay and the
reasons therefore within three (3) calendar days following the start of the delay, and upon written
approval by CITY, CON] RACTOR shall cxtc.id the allotted time for completion of the Work by
one (l) calendar day for each clay lost.
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VIII. CITY
8.1 In consideration of CONTRACTOR's performance of its obligations in a satisfactory and
efficient manner as determined solely by ( ITV. CITY agrees to reimburse CONTRACTOR for
all eligible expenses incurred hereunder. Such rcimbursements, however, shall be in accordance
with the Work Write-Up and shall be subject to any and all limitations and provisions set forth in
this Article and in Article IX hereunder.
8.2 Notwithstanding any other provision of this CONTRACT, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the sum of one hundred
thousand and no/100 dollars ($100,000.00).
8.3 It is expressly understood and agreed by CITY and CONTRACTOR that CITY'S obligations
under this Article are contingent upon the actual receipt of adequate LBPHCP funds to meet
CITY'S liabilities hereunder. Should CITY not receive funds to make payments pursuant to this
CONTRACT or should fund awards be rednCCd, CITY shall notify CONTRACTOR in writing
within a reasonable time after such fact has been determined and may, at its option, either
terminate this CONTR.-'X_11 or reduce the amot!nt of its liability accordingly.
8.4 It is expressly understood by CITY and CONTRACTOR that this CONTRACT in no way
obligates CITY'S general fund monies or any ether monies or credits of CITY.
8.5 CITY shall not be liable for any CONTRACTOR cost, or portion thereof, which:
(A) Has been paid. rcimbursed or is subject to payment or reimbursement from another
source;
(B) Was incurred prior to the commencement date or subsequent to the termination date of
this CONTRACT specified in Article Il I,creinabove;
(C) Is not in strict accordance with the terms of this CONTRACT, including all exhibits
attached hereto:
(D) Has not been billed to CITY within thirty (30) calendar days following billing to
CONTRACTOR, or termination of this CONTRACT, whichever is earlier; or
(E) is not an allowahlc cost as dclined be the Work Write-Up.
8.6 City shall not be liable I'or am, CONTIZACTM 'ost, or portion thereof, which is or was incurred
in connection xxith an activity of CON'M AC-1 ( )i, where:
(A) Prior written authorization from CITY is required for the activity and such authorization
was not first procured; or
(B) CITY has requested that CONTRACT(;: furnish data concerning such activity prior to
proceeding further and CONTRACTOR nonetheless proceeds without first submitting
the requested data and receiving CfIY approval.
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8.7 CITY shall not be obligated or liable under this CONTRACT to any party, other than
CONTRACTOR, for payment of any monies or provision of any goods or services.
IX. RECEIPT. DISBURSEMENT AND ACCOUNT
OF FUNDS 13Y CONTRACTOR
9.1 CONTRACTOR understands and a�,,rees that it shall maintain a separate numbered account for
the receipt and disbursement of all funds received pursuant to the CONTRACT.
CONTRACTOR agrees that:
(A) Such account shall contain only funds received pursuant to this CONTRACT and that no
other fields shall be mingled therevv itll:
(B) All checks and withdrawals from such account shall have itemized documentation in
support thereof;
(C) Such account shall be maintained. under conditions approved by CITY, in a financial
institution hav'M,-, federal deposit insurance coverage, with any account balance
exceeding the federal deposit insurance coverage likewise secured; and
(D) Upon CONTRACTOR's written request and solely within the discretion of CITY, an
alternative accounting mechanism may be permitted, provided such alternative adheres at
all tinnes to generally accepted accountin�L, principals.
9.2 Regarding method of payment, CITY and CONTRACTOR agree as follows:
(A) CONTRACTOR �lhall contact the HOt'SiNG DEPARTMENT to inform it of completion
ofPro'ect and �,c'�edule si��niu�� for the rcyuest for payment. The request for payment
form will be prc)\`ded by the 1 IOUSIN(i i)EPARTMENT within three (3) days of
completion of the Project.
(B) CONTRACTOR shall submit to CITY such other reports as may be required by CITY
Wider this CONI ;ZACT.
9.3 Within ten (10) Business Days of City's vv rittcn request, CONTRACTOR shall refund to CITY
any sum of money paid by CITY to CONTRACTOR later determined to:
(A) Be an overpayment to CONTRACTOR;
(B) Not to have bean spent by CONTRACTOR strictly in accordance with the terms of this
CONTRACT; or
(C) Not supported by adequate documentation to fully justify the expenditure.
9.4 Upon termination of this CONTRACT, should an\, expense or charge for which payment has
been made be subsequently disallowed or disaipproved as a result of any auditing or monitoring
by CITY. HUD. or an_, other authorized ,o\'2rnmcntal agency. CONTRACTOR shall refund
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such amount within liP � (5) Business D: Rcfunds of disallowed or disapproved costs,
however, shall not be made from funds recci.',,d pursuant to this CONTRACT or from funds
received from or throu�11il the federal governmc,.it or CITY.
9.5 In the event that the actual amount expended by CONTRACTOR to meet the level of
performance specified in the Work Write-L'p, or any amendment thereto, is less than that amount
provided to CONTRACTOR pursuant to this CONTRACT, then CITY reserves the right to
reappropriate or recapture any such under expended funds.
9.6 Utilizing a format approved by CITY, a "Contract Close-Out Package", together with a final
expenditure report, for the period conunencinL, on the date of CONTRACTOR's last invoice
requesting reimbursement of funds pw-suant to this CONTRACT, shall be submitted by
CONTRACTOR to CITY within fifteen (15) Business Days following the expiration of the term
of this CONTRACT.
X. SPF,,CIAI, CONDITIONS
10.1 CONTRACTOR under,.(Inds and 201-CCS that notv,'ithstanding Article II hereof, the term of this
CONTRACT does not t hligatc CITY to prrvidc funds beyond City's fiscal year 200.1-2005.
XI. FURTHER IyI'll RES ENT,,%TIO\NS. yVRRANTIES AND COVENANTS
11.1 CONTRACTOR further represents and warrants that:
(A) All information, rata or reports heretofore or hereafter provided to CITY and relied upon
by it for purposes of this CONTRACT is, shall be and shall remain complete and
accurate as of the date shown on the information, data or report, and that since said date
shown, shall not Lave undcruonc am- significant change without written notice to CITY;
(B) Any supporting t_nancial statements heretofore or hereafter provided to CITY are, shall
be and shall remain complete, accurate �,nd fairly reflective of the financial condition of
CONTRACTOR on the date shoNvn on said statements and during the period covered
thereby, and that since said date sho%\n. except as provided by written notice to CITY,
there has been no material change. adverse or otherwise, in the financial condition of
CONTRACTOR.:
(C) No litigation OF procecdiMIS ars presently pending or threatened against
CONTRACTOA`
(D) None of the p,-ovisions contained herein contravene or in any way conflict with the
authority under \N hich CONTRACTOPis doing business or with the provisions of any
existing 1ndc11ttirc or agreenlent of CON] 'ACTOR,
(E) None of the ris�,cts of CONIR,\(`P_)F: are- currently or for the duration of this
CONTRACT �)nt;cipatcd to be suljeci to any lice or encumbrance of any character,
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except for current taxes not delinquent and except as shown in the financial statements
provided by CONTRACTOR to CITY.
11.3 Each of the foregoing representations, %varrantie.,, and covenants shall be continuing and deemed
repeated each tinge CONTRACTOR submits a rew request for payment in accordance with the
terms, provision and rcpt irements oftlhis CONN'TI'ACT.
XIi. NIAINTl NA,\('J OF RECORDS
12.1 CONTRACTOR a�(irecs to maintain records th;;t will provide accurate, current, separate, and
complete disclosure ol' the status 0- anv 1'u:ids received pursuant to this CONTRACT.
CONTRACTOR furthcr ag rees:
(A) That maintenance of said records shall he in compliance with all terms, provisions and
requirements of this CONTRACT and v,ith all applicable federal and state regulations
establishing stanclards for financial mana,-,ement; and
(B) That CONTRACTOR's record system shall contain sufficient documentation to provide
in detail full support and justification for each expenditure.
12.2 CONTRACTOR aorecs to retain. for the periocl of time and under the conditions specified by
CITY, all books, record,. documents, reports, and written accounting polices and procedures
pertaining to the operation of programs and expenditures of funds under this CONTRACT.
.`VIII. A('CESSII3[L (` OF RECORDS
13.1 At any reasonable time and as often as CITY in: N deem necessary, CONTRACTOR shall make
all of its records availahi;, to CITY, I-IUD, or ani' of their authorized representatives, and shall
permit CITY, HUD. or any of their authorizc;l representatives to audit, examine, and make
excerpts and/or copies ol'same. CONTRACTOR.-s records shall include, but shall not be limited
to, the following: payroll. personnel and emplo} ment records; contracts; and invoices.
XIV. PERFORMANCE RECORDS AND REPORTS
14.1 As often and in such farm as CITY may require, CONTRACTOR shall furnish CITY such
performance records and reports as deemed bN CITY as pertinent to matters covered by this
CONTRACT.
14.2 As of the cominenccment date of this CO's TRACT, CONTRACTOR agrees to gather
information and data relative to all prouramnuiiic and financial reporting.
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XV. MONITORING .AN;D EVALUATION
15.1 CITY shall perform or-site monitoring of CON"I,RACTOR'S performance pursuant to the terms
of this CONTRACT.
15.2 CONTRACTOR agrees tliat CITY may carrN out monitoring and evaluation activities so as to
ensure compliance by CONTRACTOR with this CONTRACT, the Community Development
Act, the Work Write-Up, the program assrnrances and certifications executed by CITY (if
applicable), and with all other laws, rcg ilaiions and ordinances related to the performance
hereof.
15.3 CONTRACTOR agrecs to cooperate fulIN' vvit11 CITY in the development, implementation and
maintenance of record-keeping systems and to p:-oyide CITY with any data determined by CITY
to be necessary for its c 1T_,ctive fulfillment of it:; monitoring and evaluation responsibilities.
15.4 CONTRACTOR agrecs ,11at it vill cooper,'tc :th CITY in such a way so as not to obstruct or
delay CITY in its monitoring of(__'ONTRAC P-1 's performance and that it will designate one of
its staff to coordinate the monitoring process as requested by CITY.
15.5 After each official monitoring visit. CITY shall 1 royide CONTRACTOR with a written report of
monitoring- findings.
15.6 Copies of any fiscal, management, or audit re;iorts by any of CONTRACTOR's funding or
regulatory bodies shall hip submitted to CITY wil inn five (5) Business Days of receipt thereof by
CONTRACTOR.
XVI. EQUAL EMPLOYME\T OPPOIZ`1 11'1,NITY AND AFFIRMATIVE ACTION
16.1 CONTRACTOR shall comply with all applicable local, state and federal equal employment
opportunity and affirmative action rules, re,,1ulati,)ns and laws.
16.2 So that CITY can investigate compliance �, i,h local, state and federal equal employment
opportunity and aftiriu itivc action rules, M'Lllal:ons and laws, CONTRACTOR shall furnish to
CITY any and all irnlo,-mation and reports requetcd by CITY, and shall permit access by CITY
of any and all of its bo,)ii,). records and accounts.
16.3 In the eyernt of non-compliance by CONTRA('_i-`:)R (or CONTI:ACTOR's Sub-contractors) with
local, state and federal equal employment nlppol t,,.lnity and affirmative action rules, regulations
and laws. this CONTRA;.T may be canceled. terminated, or suspended by CITY, in whole or in
part, and CONTRA CTO l: may be barred from Ft rtiler contracts with CITY.
XV11. NO ND1SGili'1INATION
17.1 This CONTRACT is oracle and entered into \v ith reference specifically to Chapter 17, Article 111,
Division 3 ("Employnicnt Practices"). of the Cnc_ of the City of Fort Worth (1986), as amended,
and Seller hereby covenants and agrees that Scll-r, its employees, officers, agents, contractors or
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Subcontractors, have hilly complied with all provisions of same and that no employee,
participant, applicant, contractor or Subcontractor has been discriminated against according to
the terms of such CIT ' Ordinance by Seller. its employees, officers, agents, contractors or
Subcontractors herein.
XV1Il. CONFLI(" , )h INTEREST
18.1 CONTRACTOR covenants that neitlhcr it nog a: _N member of its governing body or of its staff
presently has any interest. direct or indirect. whi,h would conflict in any manner or degree with
the performance of services required to be perlor;ned under this CONTRACT. CONTRACTOR
further covenants that in the perlOrmance of ilii:; (-'ONTRACT, no persons having such interest
shall be employed or appointed as a member of isgoverning body or of its staff.
18.2 CONTRACTOR further covenants that no rni,crr,ber of its governing body or of its staff shall
possess any interest M. or use their position for. a purpose that is or gives the appearance of
being motivated by desire for private gain R)r themselves or others, particularly those with which
they have family, business, or other tics.
18.3 No member of CITY'S governing bode Or of its staff who exercises any function or
responsibility in the review of approval of the undertaking or carrying out of this CONTRACT
shall:
(A) Participate in any decision rclatin,, to fiis CONTRACT which may affect his or her
personal intcrc.�-L or the interc�.t of any cor)oration, partnership, or association in which he
or she has a dir,-,c! or indircct intcrc<,:
(B) Have any direr or indirect intcrest in t:.is CONTRACT or the proceeds thereof.
18.4 CONTRACTOR acknowledges that it has been Viformed that the CITY Charter and CITY Ethics
Code prohibit a CITY officer or employee. as those terms are defined in the Ethics Code, from
having a financial interest in ani, contrac' %\;!Ll, the CITY or any CITY Agency such as city
owned utilities. An officer or employee has a '-prohibited financial interest" in a contract with
the CITY or in the sale to the C11ly of land. materials, supplies or services, if any of the
following individual(s) or entities is party to the (.,ontract or sale: a CITY officer or employee; his
or her parent, child or spouse: a business cnliw in which the officer or employee or his or her
parents. child or spouse owns ten (10) percent or more of the voting stock or shares of the
business entity, or ten (10) percent or more of t'.:e fair market value of the business entity; or a
business entity in which any incliyidual or cntity above listed is a subcontractor on a CITY
contract. a partner or a parent or subsidiary business entity.
18.5 CONTRACTOR warrants and certifies, and thi: CONTRACT is made in reliance thereon, that
it, its officers. employees and a,-,cnts are n.,ither officers nor employees of the CITY.
CONTRACTOR further warrants and certifies that is has tendered to the City a Discretionary
Contracts Disclosure St�,temew in the CITY'S Ethics Code.
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XIX. POLI"f1C.�.L �'�CTIVITY
19.1 None of the performar:cc rendered hereunder dicT involve, and no portion of the funds received
hereunder shall be uscd. either directly or indire�--fly, for any political activity including, but not
limited to. an activity to further the election or defeat of any candidate for public office or for
any activity undertaken to influence the passa,-,e. defeat or final content of local, state or federal
legislation.
XX. PI11 1,1;'ITY
20.1 When appropriate, as determined by and upon %vri(ten approval of CITY, CONTRACTOR shall
publicize the activities conducted by CONTR,,`.CTOR pursuant to the terms of this CONTRACT.
In any news release, sign, brochturc. or otlic,- idvertising medium disseminating information
prepared or distributed by or for CONTfZA('"f' )f'.. however, mention shall made of HUD funded
CITY participation hav ins, made the Project p, .;s He.
XXL PUt3L;C \TIONS
21.1 All published materials and written reports auk mitted pursuant to this CONTRACT shall be
originally developed unless otherwise spceific�dl.,� provided for herein. If material not originally
developed is included in a report. howevcr. sx,c i,iaterial shall have its source identified, either in
the bock, of the report or by footnote, of whether the material is in a verbatim or
extensive paraphrase format.
21.2 All published materials submitted pursuant to dais Project shall include the following reference
on the front cover of titic page:
"This document was prepared in accordance .Nith the City of Fort Worth's Lead Based Paint
Hazard Control Program (A.L.E.R.T. Project), with funding received from the United States
Department of Housing and Urban Dcvelop:ncnt
XXII. RIGIT! S TO CONTRACTUAL MATERIAL
22.1 All finished or unfini:;hcd reports. doCLIMCIIIS. i.Ita. studies, surveys, charts, drawings, maps,
models, photographs, Jcsigns. plans, schc6t+,s, or other appended documentation to any
proposal or contract, and any responses, inyuiric.:. correspondence and related material submitted
by CONTRACTOR, shall. upon receipt, become the property of CITY.
XXI11. I)FBARN/11: y T CLAUSE
23.1 CONTRACTOR certifies that ncitlhcr it nor it, principals are presently debarred, suspended,
proposed for debarment. declared ineligible or , oluntarily excluded from participation in this
CONTRACT by HUD or any other Icderal dep<;rrrnent or agency.
12
XXIV. SUi3-CO\TRACTING
24.1 Any other clause of this CONTRACT to th,� contrary notwithstanding, none of the work or
services covered bN this CONTRACT shall be s<<b-contracted without the prior written approval
of CITY. Any wort: or services approved for .;Ll)-contracting hereunder, however, shall be sub-
contracted only by written contract or agreement and. unless specific waiver is granted in writing
by CITY, shall be sLtbject by its terms to ca:h and every provision of this CONTRACT.
Compliance by Subcontractors N\ith this CONTRACT shall be the responsibility of
CONTRACTOR.
24.2 CONTRACTOR shall ensure that all Subcontractors are certified, reputable and competent.
24.3 CONTRACTOR shall provide to CITY ck pies of all certificates of its employees,
Subcontractors, and their employees who will he performing work which requires a certificate
under the Texas Environmental Lead Reduction Rules. Such certification shall provide the name
of the certified worker and the certificate numiOer.
24.4 CONTRACTOR agrees that no subcontract al-,proved pursuant to this CONTRACT shall provide
for payment on a "cost plus a percentage of cost" basis.
24.5 Despite CITY approval of a subcontract, CFF,,' �Hall in no event be obligated to any third party,
including any Subcontractor of CONTIZACT(M. for performance of work or services, nor shall
CITY funds ever be used for payment of el-l: or services performed prior to the date of
CONTRACT execution or extending bevoml the -Lite of CONTRACT termination.
XXV. CI IA'1GES ANN, .1�MENQMENTS
25.1 Except when the terms of this C(>NTRAC i expressly provide otherwise, any alterations,
additions. or deletions to the terms hereof sh,_ril be by amendment in writing executed by both
CITY and CONTRACTOR.
25.2 Whenever and as often as deemed necessary b� CITY, CITY may request and require changes to
CONTRACTOR's Work Write-Up. Cham-'es ,1� requested or required by CITY, however, must
be by written amendment and may incorporate ricreases to the terns, provisions and conditions
of this CONTRACT.
25.3 Except pursuant to (a) prior submission by CO .'TP.ACTOR of detailed information regarding
budget and Project revisions and (b) prior wrilt, n approval thereof by CITY, CONTRACTOR
shall neither make transfers between or amon,r lint items set forth in the Work Write-Up.
Instead, CONTRACTOR shall reqs ,st `�Vori: ,Write-Up revisions in writing and in a form
prescribed by CITY_ such request 1'0, however, shall not increase the total monetary
obligation of CITY as provided 10:- pursnar, .o this CONTRACT, nor shall said revisions
significantly change the nature_ mtenv. or scop_ c l'the Project funded hereunder.
25.4 In the event that the level of I'Llydin,g fir C JNTRACTOR or for the Project is altered,
CONTRACTOR shall submit, immediately upon request by CITY, a revised Work Write-Up
13
and Project informatioil so as to cn.iHc rc-cvalu,.tion by CITY of the original funding levels set
forth in the original Work Writc-Up.
25.5 It is understood and agreed by the Parties that 1'1-1,inges in applicable local, state and federal rules,
regulations or laws may occur during, the tern ,f tliis CONTRACT and that any such changes
shall be automatically incorporated into this without written amendment, and shall
become a part of this CONTRACT as of the date of the said rule, regulation or law.
25.6 CONTRACTOR agrees to notify CITY in writimg of any proposed change in physical location
for Work to be performed pursuant to the tcrrnts of this CONTRACT. Such notice shall be
provided by CONTRACTOR to CITY at Ir:ts. ?hirty (30) calendar days in advance of the
proposed change.
XXN'I. St '�['EN�'1 N � )F FUNDING
26.1 Upon cletermination by CITY of CONTR:1`_-10R's fallul'e to timely and properly perform
pursuant to the provisiorns of this CONTP,.',C`, "IY without limiting or waiving any rights it
may otherwise have, may, at its discretion and -tpon five (5) Business Days' written notice to
CONTRACTOR. withl-lold further px,vments to CONTRACTOR. City's notice shall specifically
set forth CONTRACTOR'S defautt or failure ns vell as the action required for cure.
26.2 The period of funding suspension shall be of s,.tc11 duration as is appropriate to accomplish
corrective action, but in no event slidl it e.xc,,c(' thirty (30) calendar days. Upon expiration of
the suspension period:
(A) Should CITY determine that the dc[auit .v deficiency has been cured, CONTRACTOR
may be restored to full compliance sta u_; ,.nd paid all eligible fiends withheld during the
suspension period: or
(B) Should CITY determine con,inucd r, n-compliance. the provisions of Article XXVII
hereunder niay be effeclu,ued.
XXy IL "l'l'R`;l NATION
27.1 "Termination" of tllis CONTRACT :hall mc:.n termination by expiration of the CONTRACT
term or earlier termination pursuant to anNof t:,c ;,rm isions hereof.
27.2 CITY may terminate this CON IZAC F for an,, o:',,lie following reasons:
(A) Neglect or failure by CONTR.\CTOR :o ;)crform or observe any of the terms, conditions,
covenants or guarantees of this CCN':'I:.A--T or of any written contract or amendment
between CITY and CONTRACTOR:
(B) Termination or reduction of i'undmg of tl,� ,1.L.E.R.T. Project by HUD;
(C) failure by CONTRACTOR tO cure. «i'lu i ;}hc period prescribed pursuant to
14
the above Article XXV[ of ti is C( -Xl Tv CT, anv default or deficiency which was the
basis for said suspension
(D) Winding by CITY that CONIPAC'f'1)R:
(l) Is in such unsatisfactory condition as to endanger performance under this
CONTRACT, inciudinc. but 110t liir:ited to:
(a) The apparent inability of C()'vT,'ACTOR to meet its financial obligations;
(b) Items that reflect cictritncntally on the credit worthiness of CONTRACTOR,
includin«, but not limited to, encumbrances, and the like on the assets of
CONTRACTOR.
(2) Has allocated invcntorN to this CJ"ITRACT substantially exceeding reasonable
requirements, or
(3) Is delinquent, in the ordinary cour�,-2 of business, in the payment of state or federal
taxes or in the paymcrnt .)f costs i" criormance of this CONTRACT;
(E) Appointment of a trustee, receiver o '.iguidator for all or a substantial part of
CONTRACTOR's prope,-t�. ,r insult:;,( I of bankruptcy. reorganization, rearrangement
of or liquidation procccdin,_,s i,\, or ;'CONTRACTOR;
(F) The entry by a court of c;,mpet�,rnt jrr�sc[iction of a final order providing for the
modification or alteration of the ri,.�l:ts �,C _ONTRACTOR'S creditors;
(G) Inability by CONTRACTOI: to covlfornt to changes in local, state and federal rules,
regulations and laws as provi1ed ('()r it :'.riielc [V and in paragraph number 25.5 of this
CONTRACT;
(H) Violation by CONTRACTOR of arty regulation or law to which CONTRACTOR is
bound under the terms of this _0NTJ1).' ( T: and
(I) Failure to eomplcte the Project in acc,,r I,rnce with the completion date set forth in the
Notice to Proceed issued by CITY to C")',' 11Z ACTOR.
27.3 CITY may terminate this CONTI:ACT for con,,c1iience at anv time after which CONTRACTOR
shall be paid an amount not to exceed the l_ot',l ,iccrued expenditures as of the effective date of
termination. In no event. hov c\cr, will com�x lon to CONTRACTOR exceed an amount
which bears the same ratio to the t_,tal coi,iio( i ation as the services actually performed by
CONTRACTOR bears to the tot.i ser% ic,*., r,gtiired of CONTRACTOR, less payments
previouslN made.
27.4 CONTRACTOR may tcrininatr this CONTIG.,'.0 Or any of the following reasons:
(A) Cessation of outside funding upon: N ,lCONTRACTOR depends for performance
hereunder; or
15
(B) Upon the dissolution of CON TRACT( )1, organization, provided such dissolution was
not occasioned by a breach oC this CO."'1 Z:ACT.
27.5 Upon a decision to terminate by eitlicr CITY or :'ONTRACTOR, written notice of such, and the
effective date thereof, shell be immediately prove lid to the other Party.
27.6 Upon receipt of notice to terminate, CON"1_R ,\CTOR shall cancel, withdraw, or otherwise
terminate any outstanding ord.:rs or suhcklnt acts that relate to the performance of this
CONTRACT. To this effect, Cl I'Y shall 110t i�c i.,ble to CONTRACTOR or CONTRACTOR's
creditors for any expense. enci_rnbrarnces .):- )L- mations vyliatsoever incurred after the date of
termination.
27.7 Upon receipt of notice to terminate. gill tmfinished documents, data, studies, surveys,
charts, drawings. neaps. models. .resigns, plans, schedules, or other appended
documentation to any proposal or contract. p!—E,lred by or on behalf of CONTRACTOR under
this CONTRACT shall, at the option of CITY_ a-.d in accordance with Article XXII, become the
property of CITY and shall, if rcquc;ted by CIT'. be delivered by CONTRACTOR to CITY in a
timely and expeditious manner.
27.8 Within thirty (30) days after =-cceint of notice to terminate, CONTRACTOR shall submit a
statement to CITY indicating in det.L11 the �cr\ PA-", performed under this CONTRACT prior to
the effective date of termination.
27.9 Any termination of this CONTIZ_yC"l" as licrei,i r i-ovided shall not relieve CONTRACTOR from
the payment of any sum(s) that shall, then b, c:tic and payable or become due and payable to
CITY hereunder or as provided Cor at lav (,r in equity, or any claim for damages then or
therefore accruin<(T against CON'l_l'.\C'rOR 12i_,iindcr or by law or in equity, and any such
termination shall not prnent CITY 1-,-om cii1'kthe payment of any such sum(s) or claim(s)
for damages fi-om CONTRACTOR. lnstca�'_ ,i dhts, options, and remedies of CITY contained
in this CONTRACT shall be con,�trul�d ane: 1.I'', �__i be cun-�ulative and no one of them shall be
exclusive of the other, �utd C1T." shall hay ' t ,_ [-:!,ht to pursue any one or all such remedies or
any such other remedy or relief y.lucl nuiv he r ) ided by law or in equity whether or not stated
in this CONTRACT.
27.10 Should this CONTRACT he terminated h, (,I her party hereto for any reason, including
termination tinder Sectiorn 27. ) oC this Ci )i\ ! !,AC'T, if the work required hereunder of
CONTRACTOR is not Cully conipelcd to the ��'r.isiaction of CITY in accordance with the terms
of this CONTRACT, C.')NTRACTO! , shall any and all sums of money paid by CITY to
CONTRACTOR within ten (10) 13usi,icss ity's written request thereof.
27.11 Upon termination of this CONI RACT CITY under paragraph number 27.2(A),
CONTRACTOR shall be barrel f,,,m Cutup _'c)N"IRACTS with CITY absent the express
written consent of the City A'CITY, ,i. or her designate.
16
XXVIII. N(if111=1CATIC".� ACTION BROUGHT
28.1 In the event that any claim. demand. suit. procI.�c ling, cause of action or other action (hereinafter
collectively referred to as "claim") is rii i.1e or brought against CONTRACTOR,
CONTRACTOR shall -ivc written notice tlher,,o!' to CITY within two (2) Business Days after it
being notified. CONTRACTOR's notice to Cil ' shall state the date and hour of notification to
CONTRACTOR of the claim, the names an,,' ,,,dJresses of those instituting or threatening to
institute the claim, the basis of the claim; and i1 � name(s) of any others against whom the claim
is beim- made or threatened. A rittcn notice ;)_!rsuant to this Article shall be delivered either
personally or by mail in accordance %\ith Artier: �.�XV of this CONTRACT.
\XIX. ASSI< <?;\IENTS
29.1 CONTRACTOR shall not transfer. pledge or otl,.r.,rwise assign this CONTRACT, any interest in
and to same, or any claim arising tlicreurndc.. ",Ithout first procuring the written approval of
CITY. Y1ny attempt at transfer_ ple,lge or (-'ir r assignment shall be void ab initio and shall
confer no rights upon any third p 2rscr.
XXX. SI'VEIPABILf; `r' th PROVISIONS
30.1 If any clause or provision of this CONTRACT is i,-Id invalid. illegal or unenforceable under
present or future federal, state or local laws. inch ,'ing but not limited to the CITY Charter, CITY
Code, or CITY ordinances, then and in that even' itis the intention of the Parties that such
invalidity. illegality or unenforceahiliiy shall r r)t 2,'fect any other clause or provision hereof and
that the remainder of this CONTRA(-'I' shall [-, c �iistrued as if such invalid, illegal or
unenforceable clause or provision xa! never c,)rn dined herein; it is also the intention of the
Parties that in lieu of each clause or hrovisiorn �s CONTRACT that is invalid, illegal, or
unenforceable, there be added as a part of the I'RACT a clause or provision as similar in
terms to such invalid, illegal or uncnfOrceablc cl,;,.isc or provision as may be possible, legal, valid
and enforceable.
XXXI. IZENIVAI, XCT AUTOMATIC
31.1 Funding under this CONTRACT quid irty or waivers that may be made or granted
hereunder shall not be automatically r211cw�-,d .) i !:-, anniversary date of this CONTRACT. To
the contrary, funding, of any pro_jcct '...1(2t eXecution shall be provided only upon
approval ofthe CI"l Y COUNCIL.
X\XIt. I'ERFORMANCE
32.1 No waiver by CITY of a breach of any of the .cr..s, conditions, covenants or guarantees of this
CONTRACT shall be construed or held to h- .giver of any succeeding or preceding breach of
the same or airy other term, condition, cove,,: t or guarantee herein contained. Further, any
failure of CITY to insist in any one or mere --.,cs upon the strict performance of any of the
17
covenants of this CONTRACT. or to cxerci.;: :t -.y option herein contained, shall in no event be
construed as a waiver or relin(luishm,:nt fOr t' c luture of such covenant or option. In fact, no
waiver, change, modification or discharge I)v i i-�r Party of any provision of this CONTRACT
shall be deemed to have been male cr shall I,,, ffective unless expressed in writing and signed
by the Parte to be charu-,d.
32.2 No act or omission of CITE" shall ir. .,ny nu,:u: ; impair or prejudice any right, power, privilege,
or remedy available to CI VY hercunacr or or equity. such rights, powers, privileges, or
remedies to be always specifically pre.;crvc.J
32.3 No representative or aocnt of CIT ' ii-.,iv be the effect of the provisions of this Article.
XXX II. I;NTj1v' REEMENT
33.1 This CONTRACT constitutes the linal and n:;�-, i,-,recment between the Parties and contains all
of the terms and conditions agrccc upon I ,in. No other agreements, oral or otherwise,
regarding the subject matter ofthis CONTIZ,A.' ;hall be deemed to exist or to bind the Parties
unless same be in writing" dated subsequent tO elate hereof, and duly executed by the Parties.
XXXIV. iNl ] Ri' Z1:"I'ATION
34.1 In the event any disaorccment or disputr arise between the Parties pertaining to the
interpretation or meaning, of Lmy of th;s `.yTRACT or its governing rules, regulations,
laws, cocks or ordinances- CI"I � . a: the 1'a _i . �;;timatcly responsible to HUD for matters of
compliance. shall have tl.c final m :h rite tk SeCUI-C an interpretation.
X\XV ` ) "';'FS
35.1 For purposes of this CONTI- M' f. , 11 ofliQ'Vi �':umunications and notices among the parties
shall be deemed sufficient if in writir,_1 an(' ;r l.d. registered or certified mail, postage prepaid,
to the addresses set forth below:
CITY:
Jerome C. NV.ilkcr. I:ircctc:
HocrsinL' I)cpartnren',
1000 Throckniorton .�t.
Fort worth. Texas 7(,102
CONTRACTOR:
Javier Gomcz
GTO Cc nstructi011
5016 Glen Park
Dort \Vorth TN -/6 l ,
18
Notice of changes of address by either Part,, r test be made in writing delivered to the other
Party's last known address within tivc (5) busii,c: clays of such change.
XXXVt. PAIR It 1': BOUND
36.1 This CONTRACT shall be binclim-, cin and inu,-c t,) the benefit of the Parties and their respective
heirs, executors, administrators. lc,ial repres_rtatives, successors and assigns, except as
otherwise expressly provided herein.
X'�'XVI Lt. &-"DER
37.1 Words of gender used in this COV" RAC'1' be held and construed to include the other
gender, and words in the singular number held to include the plural, unless the context
otherwise requires.
XXXVII!. 1%'!1A] 10','�'i '11' OF PARTIES
38.1 Nothing contained herein shall be dc_,med (,r t :istrued by the Parties or by any third party, as
creating the relationship ofprincil)al �.nd l-.,t:tners,joint venturers or any other similar such
relationship between the parties hcret,).
XXXIX. l'EXt\� 1 :" V,. TO APPLY
39.1 THIS AGI:EEMENT SHALL I3E C ONSTRI 11 l` UNDER AND IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS, A.�D ALL OBLIGATIONS OF THE PARTIES
CREATED HEREUNDER ARE PEI\'FOR\/l.,V3'.7- IN TARRANT COUNTY, TEXAS.
XL. LI(;MIDAT_1-1__DAMAGES
40.1 CONTRACTOR and CITY recoLnir. , that tir,.c ::; of the essence of this CONTRACT and that
CITY will suffer financial loss il' dic Projcct t,,t completed within the times specified in the
Notice to Proceed (hereinafter '-i,`Tl "). I'lr F,irties also recognize the delays, expense, and
difficulties in proving in a legal hro..ccdiriL dii� loss suffered by CITY if the Project is not
completed on time. According],, . in.:tead ��C :e.,uiring such proof, CITY and CONTRACTOR
agree that as liquidated clama;es 1'.)r (May on'-, tncl not as a penalty, CONTRACTOR shall pay
CITY $100.00 for each day that cxpi -es after ;ii, lune specified in the NTP and shall continue to
pay such amount until the Project is ccmplc'.c,..
XLI. F,AILF,t) ( 1.':AI� ANCES
41.1 CONTRACTOR shall be held responsible !or T costs associated with re-testing, which includes
but is not limited to wife samples (at cost it )t exceed $25.00 per sample) and consultant's
time (at cost of$75.00 per hour, it a constultc,;,,t retained), due to failure to clear Project of all
lead hazards.
19
NUT. 1')NS
42.1 The captions contained in this C0N"1RA( ar.: for convenience of reference only, and in no
way limit or enlarge the :cans aiO or condi,lo-s l this CONTRACT.
CITY CV FOR';, WOIZT: . F( � .;:'NG DEPARTMENT
INI)U:NIFIC:',T1ON A. i!: R %';�"ASE STATEMENT
To the extent permitted by law, CONTRACTOR �i::surncs entire responsibility and liability for losses,
expenses, demands, and claims in &)nnection (.r arising from any injury, or alleged injury
(including death) to any person. or damaLc. or al!e�,,: i _lamage to property sustained or alleged to have
been sustained in connection with or to hayc ariscrn l'ro n or resulting from the performance of services
or operations by CONTRACTOR, and 1nc1ucli11L1 1cssc;. expenses, or damages sustained by CITY, its
agents, representatives, and employees l'rom ane ,url i�l such losses, expenses, damages, demands, and
claims, and agrees to pay the cost to defend ani suit <»- action brought against them, or any of them,
based on any such alleged injury or clama(Te. and to p iv x;11 damages, costs, and expenses in connection
with or resulting, therefrom.
CONTRACTOR covenants and aLrces tc Y INDEMNIFY and HOLD HARMLESS the
CITY and its officers, employees, volunteers and rel-resentatives. individually or collectively, from
and against any and all coats, claims. liens. losses, expenses, fees, fines, penalties,
proceedings, actions, demand<, cause< of action. 'i��hi i�v and suits of any kind and nature, including
but not limited to, personal or bcolily ii,jury . dcalh un,.l !-roperty damage, made upon the CITY directly
or indirectly arising out of'. resultin, fr�)m or r: ''o ; to CONTRACTOR'S activities under this
CONTRACT, including anv acts or omission; ONTRACTOR, any agent, officer, director,
representative officers. agent_ emplo.� cc.,_ direct ,incl representatives while in the exercise of
performance of the rights er duties lincicr this CON 1'! .ACT. The indemnity provided for in this
paragraph shall not apply to any resuilti'l,�, 1-:-om the negligence of CITY, its officers or
employees.
The provisions of this indenunilication are for the benefit of the Parties and not intended
to create or grant any rights, ck)ntractual or otllerv,i<c. t,) any other person or entity.
CONTRACTOR shall ;)roniptly advise the (TI `i in ,vriting of any claim or demand against the
CITY or CONTRACTOR known to C0NhRA(1"O1Z related to or arising out of CONTRACTOR'S
activities under this CONTRACT.
[THE REMAINI)i-IZ O;' "i Inti PAi" LEFT BLANK]
20
RF,.,I:, :
Contractor agrees to and shall release (Tl'�', its employees, officers, and legal representative
from any liability arising out of the sole and/or concurrcnt negligence of the CITY for injury, death,
damage or loss to persons or property sustained in cowl ction with or incidental to performance under
this CONTRACT, even if the injur",. dc,ah, or loss is caused by the CITY'S sole or
concurrent negligence and / or the CITC "S strict nroducis liability or strict statutory liability.
CONTRACTOR •�
Authori d epresentativ Date
EXECUTED this the `d � _laN of_ l� . 2005.
CITY OF FORT WORTH, TEXAS GTO CONSTRUCTION
r
By: �---- l/
Dal isseler Jav' Gomez
Assistant City anager O
l
APPROVED AS TO FORM:
Attested By:
Assistant Cit} AttorneyMarty Hendrix
City Secretary
Attachments: NO M&C REO
IJIREO '
Exhibit "A" Work Writc-Up
pp4p�p�4 (q�
13C 21
'JAL PROJECT DESCRIPTION
HOUSING
DEVELOPERCK
. p . R . p
1111.71,7111.�struction and
Project ManaWment kAhvam &TC)
03 /16/2005
Project Name: 4316 Crenshaw Ave
Owner: GWENDOLYN TIMBERLAKE
Neighborhood:
Project Type: LEAD ABATEMENT
Developer:
Date Modified: 03/16/2005
Note
ADDRESS DESCRIPTION
HOUSING
DBTLOPER
wpm JR - 0 ■
mousing Construction and
Project.M.uiagMent tiofnvare
03 /16/2005
'roject: 4316 Crenshaw Ave
Adress: 4316 CRENSHAW AVE
:ity: FORT WORTH
tate: TX Zip Code: 76105
structure Type: Single-Family Detached
lumber of Dwellings: 1
square Feet Common: 1,200
TZM
t;
xo® SPECS BY LOCATION/TRADE
NVELOPER
$•R §0
03/16/2005
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0002.1 REHABILITATION TECH INPUT 1.00 GR
SPECIFICATION ON THIS PROJECT HAVE
BEEN INPUT INTO HOUSING DEVELOPER
PRO BY.
ELI I. VILLANUEVA
REHABILITATION TECH
ANY QUESTION OR CONCERNS REGUARDING
THIS PROJECT MUST CONTACT
REHABILITATION TECH SIGNED ABOVE AT
817-392-7378.
0004.1 BID GRAND TOTAL 1.00 GR
Grand total for all trade/location bids.
$ - REHAB BID
$ - L.B.P. BID
$ -57(Z)CQO - TOTAL
0014.1 CONTRACTOR ACCEPTS SCOPE OF WORK 1.00 DU
The undersigned .co.ntractor-certifies that he/she
has carefully reviewed & agrees to perform the
work described in this Work Write Up (WWU) with
the "Date Inspected" date of &
referred to as Exhibit 1. The contractor shall initial
& date each page
-ooff the WWU.
X �� y
Contractor Date
'T '�"•,!� '�-,TM'"w.�4 -rc»-.., W` '-,r "r. T, '" r mr-w-�r�.''�." �7"-`" ,Y,�.,,,� "5
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
•P•A•O •
Yw. awl
03/16/2005
a
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price_
Trade: 1 General Requirements
0015.1 REHAB TECH ACCEPTS SCOPE OF WORK 1.00 DU
The undersigned Rehab Tech certifies that he/she
has participated in the development of this Work
Write Up (WWU) with the "Date Inspected" date of
and referred to as Exhibit 1.
After careful review, the Rehab Tech has provided
this WWU to potential contractors for bid
consideration and/or to the homeowner for review.
x
Rehab Tech
Date
0024.1 MANUFACTURER'S SPECS PREVAIL 1.00 GR
All materials shall be installed in full accordance
with the manufacturer's specifications for working
conditions, surface preparation, methods,
protection and testing.
0031.1 CONSTRUCTION DEFINITIONS 1.00 GR
"Install" means to purchase, set up, test and
warrant a new component. " Replace" means to
remove-and__dispose-of-orig.i.n.al_material, purchase -.
new material, deliver, install, test and warrant.
"Repair" means to return a building component to
like new condition through replacement,
adjustment and recoating of parts. "Reinstall"
means to remove, clean, store and install a
component.
0034.1 LINE ITEM BREAKDOWN 1.00 DU
The apparent winning bidders shall provide the
owner with a line item cost breakdown within 3
working days of a request.
Wl
. J".v. _ Fo .,�_a:.4' a?'^c. ._u_�'`-:«..m y'' - a, .�w'aw .P,. J..�,r . " ., a'" ,' �4,� �.,�. w �'..; ,."'.. +�•.•,;,�jlr
ANOXMIRL
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
•p R O
03/16/2005
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0035.1 VERIFY QUANTITIES/MEASUREMENTS 1.00 GR
All measurements (i.e SF of Drywall, or those
provided w/drawings) are for the contractor's
convenience prior to a mandatory site inspection
to verify all dimensions. All quantities (i.e.number
of window units) are as stated. No claim for
additional funds due to discrepancies in
measurements or quantities shall be honored if
not submitted at the time of the initial proposal.
0036.1 BUILDING PERMIT REQUIRED 1.00 EA
The contractor is responsible for submitting this
owner-prepared work write up to the building
department, applying for, paying for and receiving
a building permit prior to starting any work.
0046.1 PRE-CONSTRUCTION WALK-THRU 1.00 DU
The contractor, rehab specialist and owner will
perform a walk-thru of the property together to
clarify the work to be performed before
construction begins.
0060.1 JOB BEHAVIOR 1.00 GR
The following behaviors in any worker shall not be
-permitted and-may result in the-termirriation of the
contract for cause: swearing, drinking alcoholic
beverages on site and racist remarks.
0077.1 NEW MATERIALS REQUIRED 1.00 GR
All materials used in connection with this work
write-up are to be new, of first quality and without
defects - unless stated otherwise or pre-approved
by Owner and Rehab Tech.
0078.1 WORKMANSHIP STANDARDS 1.00 GR
All work shall be performed by mechanics both
licensed and skilled in their particular trade as well
as the tasks assigned to them. Workers shall
protect all surfaces as long as required to
eliminate damage.
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HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
•P•R•O•
..r
03/16/2005
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSRA
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0080.1 CODES AND ORDINANCES 1.00 GR
In the execution of the itemized scope of work, the
contractor shall facilitate inspection and comply
with all governing codes and ordinances of The
City of Fort Worth, The County of Tarrant, and the
State of Texas pertaining to building
construction,zoning,environmental protection,
energy efficiency and worker safety.
0085.1 CLOSE-IN INSPECTIONS REQUIRED 1.00 EA
Call the Rehab Tech for inspection of all work that
will be concealed from view before it is closed in.
This type of inspecion frequently includes, but is
not limited to footings, roof sheathing & flashing
prior to installation of new felt & shingles, and
repaired framing & decking prior to installation of
underlayment & floor coverings.
0090.1 1 YEAR GENERAL WARRANTY 1.00 DU
Contractor shall remedy any defect due to faulty
material or workmanship and pay for all damage
to other work resulting therefrom, which appear
within one year from final payment. Further,
contractor- shall furnish-owner-with-all -
manufacturers' and suppliers' written warranties
covering items furnished under this contract prior
to release of the final payment.
0100.1 FURNITURE REMOVAUREPLACEMENT 1.00 DU
Remove all furniture from rooms and store.
Owner to remove and store all small items.
Replace furniture upon copletion of work.
0120.1 FINAL CLEAN 1.00 DU
Remove from site all construction materials, tools
and debris. Sweep clean all exterior work areas.
Vacuum all interior work areas, removing all visible
dust, stains, labels and tags. Clean all windows
referenced in specifications.
Y� Effis
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AL
HO' USNG SPECS BY LOCATION/TRADE
DEMPER
. P-R-0 -
03116/2005
a
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
9610.1 FINAL CLEAN FOR LEAD 1.00 GR
Remove from site all construction materials, tools
and debris. Sweep clean all exterior work areas.
After completion of all rehabilitation using safe
work practices and interim controls perform a final
clean. Wet mist, fold and remove all containment
plastic. Remove plastic from floors last. HEPA
vacuum all visible surfaces including clothing,
furniture, walls, floors and ceilings from the top
down. of interior work areas. Detergent scrub all
horizontal surfaces in small sections using a
3-bucket cleaning system. Completely rinse with
clean water and new supplies. After surface is
dry, HEPA vacuum all visible surfaces except
ceiling. Remove all visible dust, stains, labels and
tags. Clean all windows referenced in
specifications.
Trade: 9 Environmental Rehab
9000.1 LEAD SAFE WORK PRACTICES 1.00 GR
On--the work-items-flagged as "interim controls" or
as requiring "lead safe work practices", workers
must use lead safe work practices per 24 CFR
-35-1350. These practices are represented in the
"Lead Safety Field Guide" (Lead Paint Safety: A
Field Buide for Painting, Home Maintenance, and
Renovation Work) published by HUD,EPA, and
DCD as HUD Publication approved Lead Safe
Work Practices class. Work disturbing lead-based
paint is not considered complete until clearance, if
required, is achieved.
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
•P•R•O •
03/16/2005
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9001.1 WORKER TRAINING - INTERIM CONTROLS 1.00 GR
All persons carrying out activities flagged as
"interim controls" or as requiring "lead safe work
practices" must either be supervised by an EPA
abatement supervisor or provide proof of
completion of HUD- approved worker training
course in lead safe work practices prior to start of
work.
9003.1 LEAD ABATE, STAND & GUIDELINES 1.00 GR
The work performed shall comply with state,
federal and local laws. rules, requlations and
guidelines for lead-based paint removal for 5w,?,�a
residential structures. Procedures and equipment
required during the course of lead-based paint
removal must be in accordance with EPA 40 CFR
part 745, HUD 24 CFR Part 35, 29 CFR 1926.62
and Texas Department of Health Environmental
Lead Reduction rules. Paint chips and waste
associate with lead-based paint removal must be
disposed of in compliance with Environmental
protection.Agency (EPA), State, and local
requlations,leules,_and .laws.
9004.1 HEALTH DEPT CONTRACTOR NOTIFICATION 1.00 AL
All contractors and sub- contractors proforming
Lead work shall provide a copy of the state of
Texas Health Department notification letter to the
Housing Department before commencement of
work.
9010.1 FLOOR PLAN REQUIREMENT 1.00 GR
Provide the owner and The City of Fort Worth
Housing Department with the original and 4 copies
of a floor plan using standard architectural
symbols to identify all areas and components
encapsulated or enclosed during this intervention.
HAAML
OUSING SPECS BY LOCATION/TRADE
DEVELOPER
•P•R•O •
"" •° 03/16/2005
11 A
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9045.1 CONTRACTOR CERTIFICATION 1.00 AL
All contractors and subcontractors performing lead
work shall provide a copy of their certification prior
to commencement of work.
9053.1 LEAD WORKER -- PROTECTION 1.00 DU
Persons carrying out lead hazard control activities
must comply with all applicable federal, state, local
laws and regulations related to safety in the
workplace including respiratory protection
program, personal pro- tective clothing, medical
surveillance, manda- tory training and all other
requirements of OSHA lead construction standard
(29 CFR 1926. 62).
9054.1 EYE WASH REQUIREMENT 1.00 EA
During all operations using caustic or vola-the
paint removal products, an emergency eye wash
station meeting ANSI 2358.1-1990 standard rated
at 15 minutes of flow must be placed on this work
site.
9055.1 OSHA WARNING 1.00 EA
Post OSHA compliance notice to workers as
follows: WARNING LEAD WORK AREA-POISON
NO SMOKING OR EATING
9056.1 PROTECTIVE CLOTHING 1.00 EA
Each abatement worker shall be provided with
disposable, hooded, footed overalls during
demolition, surface preparation, and paint removal
activities. Impervious rubber boots, gloves, face
shield, and chemical resistant overalls must be
provided when chemicals are used.
9057.1 WORKER TRAINING 1.00 AL
All persons carrying out abatement activities must
provide proof of completion of state or EPA model
worker training course in lead hazard
abatement,self protection and safe work practices
prior to comencement of work.
HOUSING ' SPECS BY LOCATION/TRADE
DEVELOPER
P•R •O•
03/16/2005
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 1 GENERAL REQUIREMENTS
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9058.1 SUPERVISOR TRAINING 1.00 AL
All persons supervising workers or legally
responsible for job conditions must provide proof
of successfull completion of the state or EPA
model supervisor training course in Lead Hazard
Abatement prior to commencement.
9088.1 WORKSITE PREPARATION 1.00 GR
9100.1 WINDOW SITE PREPARATION 1.00 GR
Provide work site preparation and occupant
protection in accordance with Lead-Based Paint
Guidelines when conducting window site work to
avoid Lead-Based Paint Hazards in Housing.
9102.1 POST WARNING SIGN 1.00 EA
Post exterior sign to warn occupants and the
public of hazardous lead conditions.
Bidder: Total:
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HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
•P•R•O
03/16!2005
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 2 EXTERIOR
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9472.1 WINDOW--ALUM SGL HNG/DBL GLZ 1.00 EA
Remove window to code legal dump. Field
measure, fabricate and install a white, single
hung,one-over-one double glazed, thermal break,
enameled aluminum replacement window
including all necessary painting, caulk, trim and
screen. New window must meet city energy code.
(INTERIM CONTROLS) Lead based paint is
present on component or components named in
this Specification. Use Lead Safe Work Practices
as described in Spec #9000 and #9001 above.
SEE REAR OF HOUSE WHERE WOOD SASH
WINDOW IS LOCATED.
9625.1 PREP, PRIME & PAINT EXTERIOR 1,400.00 SF
Wet scrape to remove loose paint. Wash, rinse
and HEPA vacuum all visible chips and dust. Use
a quality primer sealer. Prepare surface and
paint with owners choise of color, and use
sufficient top coats to cover. (INTERIM
CONTROLS) Lead based paint is present on the
component or components named in this
Specification. Use Lead Safe Work Practices as
described in_Spec. #9000 and #90d1 above.
INCLUDE FOUR PATIO 4" x 4" POST BUT
PATIO COVER IS NOT INCLUDED. NOTE; DO
NOT PAINT PATIO COVER. Id_T1\
9674.1 REMOVE& REPLACE SIDING 117/105 70.00 LFA
Remove damaged siding to the joint over nearest
stud. Apply matching pine siding to walls with
galvanized nails and caulk over joints. Break all
seams over studs. Prime ready for top coat all
new wood to match existing. (INTERIM
CONTROLS) Lead based paint is present on the
component or components named in this
Specification. Use Lead Safe Work Practices as
described in Spec. #9000 and #9001 above
SEE WEST AND SOUTH SIDES OF HOUSE.
CHECK HAND DRAWING.
ate. 5,
i
HOUSINGl SPECS BY LOCATION/TRADE
DEVELOPER
� c•
03/16/2005
Ism
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 2 EXTERIOR
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: . 10 Carpentry
3525.1 GUARD RAIL--WOOD 8.00 LF
Dispose of any existing railing. Construct a
preservative treated pine railing using 2"x 4" top
and bottom rails, and 2"x 2" balusters face nailed
4" on center. Create a 3'6" high railing between
4"x 4" end posts.
NOTE: MATCH EXISTING DESIGN FOR THE
REPLACEMENT RAILING. SEE EAST AND
WEST SIDES OF FRONT PORCH GUARD RAIL.
Bidder: Total:
I
HOUSING SPECS BY LOCATION/TRADE
DEVEWPER
•P•R•O •
03/16/2005
ry
Project: 4316CRENSHAW Address: 4316 CRENSHAW AVE Unit: 4316 CREWSHP
Location: 3 STORAGE BUILDING
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9573.1 TRIM--REPLACE 1" X 6" 14.00 LF
Remove, package and dispose of lead painted
trim. Repair wall areas damaged in removal
process. Install #2 pine 1 x 6 boards as
replacement casing. Pre, spot prime and top coat
with acrylic latex. (INTERIM CONTROLS) Lead
based paint is present on the component or
components named in this Specification. Use
Lead Safe Work Practices as described in Spec.
#9000 and #9001 above.
SEE EAST SIDE AT BOTTOM OF BUILDING.
9625.1 PREP, PRIME & PAINT EXTERIOR 350.00 SF
Wet scrape to remove loose paint. Wash, rinse
and HEPA vacuum all visible chips and dust. Use
a quality primer sealer. Prepare surface and
paint with owners choise of color, and use
sufficient top coats to cover. (INTERIM
CONTROLS) Lead based paint is present on the
component or components named in this
Specification. Use Lead Safe Work Practices as
described in Spec. #9000 and #9001 above.
ALL FOUR SIDES.
trade: 19 Paint & Wallpaper
5895.1 REFASTEN BATTEN BOARDS OR WALL COVET 1.00 RM
Refasten loose batten boards and wall covering
such as plywood, or drywall etc.
SEE 1" x 4" TRIM AND SIDING SOUTH WALL.
CHECK THE OTHER SIDES FOR LITE
REPAIRS.
C7
Bidder: Total:
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