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HomeMy WebLinkAboutContract 48771-A1 CITY SECRETARY CONTRACT NO._ !VZ TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 81170002654 FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) This Amendment No. Vo Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance Program "WAP" Contract Number. 81170002654 by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ("Department") and City of Fort Worth, a political subdivision of the State of Texas("Subrecipient") hereinafter collectively referred to as"Parties". RECITALS WHEREAS, the Department and Subrecipient, respectively, executed FY 2017 LIHEAP WAP Contract Number 81170002654 and WHEREAS,the Parties desire to amend the Contract in the manner provided herein below. AGREEMENTS NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. The following Contract sections,addendums and exhibits are hereby amended as follows: I. Section 4.E.Department Obligations,of this Contract is hereby amended to read as follows: Notwithstanding any other provision of this Contract to the contrary,the total of all payments and other obligations incurred by the Department under this Contract shall not exceed the sum of$920,434.00. 2. Exhibit C is deleted in it's entirety and replace with Exhibit C attached. SECTION 2. Exhibit A. Budget and Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. SECTION 3. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Amendment. In the event this Amendment and the terms of the Contract are in conflict, this Amendment shall govern, unless it would make the Contract void by law. SECTION 4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. O�10 1 r2 q OFFICIAL RECORD RECEIVED CITY SECROT1"ARY CV) A2 2017 N N W f7 WORTW,TX CITY OFFORT WORTH a Page 1 o£7 �y� CITYSECRETARY y L SECTION 5. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the same counterpart. SECTION 6. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. SECTION 7. By signing this Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein, SECTION 8. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. SECTION 9. This Amendment shall be effective and memorializes an effective date of June 14,2017. WITNESS OUR HAND EFFECTIVE: 6/14/2017 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: July 17,2017 7:45 pm TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Timothy K.Irvine Title: Its duly authorized officer or representative Date: July 18,2017 8:31 am Page 2 of 7 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2017 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM CONTRACT NO. 81170002654; AMENDMENT NO. 2 APPROVED AS TO FORM AND LEGALITY: c Pai e Meb Assistant City Attorney ATTEST: U City Secreta CAS M&C C-28125 Dated: February 21, 2017 CITY OF FORT WORTH By: Fernando Costa (signed electronically-see attached contract) Title: Assistant City Manager Date: July 17, 2017 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Timothy K. Irvine (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: July 18, 2017 Contract Compliance Manager: By signing below, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. iesrong Housing Program Supervisor Title OFFIREC®ID CITY SECRETARY FT.WORTH,TX TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 81170002654 FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $918,434.00 LIHEAP FUNDS CURRENTLY AVAILABLE $2,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $918,434.00 TOTAL ANTICIPATED LIHEAP FUNDS $2,000.00 TOTAL ANTICIPATED TRAINING&TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current Contract Term. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS 1 CATEGORIES FUNDS 2 Administration $66,363.00 3 Materials/Program Support/Labor $681,657.00 4 Health and Safety $170,414.00 SUB-TOTAL $918,434.00 5 Training and Technical Assistance $2,000.00 TOTAL $920,434.00 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: I Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the Department will make any adjustments to the budget categories. The only categories that can be reduced are the Administrative, Training and Technical Assistance and/or the Health and Safety categories. Subrecipient is limited to two (2) requested budget revisions during the current Contract Term. Only those written request(s) from the Subrecipient received at least forty-five (45) days before the end of the Contract Term will be reviewed. The Department may decline to review written requests received during the final 45 days of the Contract Term. 2 Denotes maximum for Administrative based on 7.21%of total allowable expenditures. 3 Expenses incurred under Roof Repair will come out of your Materials/Program Support/Labor budget. 4 Denotes the maximum allowed for Health and Safety expenditures. 5 Department approved training/travel only. Page 3 of 7 PERFORMANCE Subrecipient's service area consists of the following Texas counties: TARRANT Work orders must be submitted to weatherization contractors no later than December 31, 2017 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than January 31,2018. Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited to: payment of invoices, and quality assurance activities for a period no to exceed 45 days from the end of the Contract Term defined in Section 2 of this Contract. These costs shall be reported on the final report described in Section 10 of this Contract. Subrecipient shall provide weatherization program services sufficient to expend the funds under this Contract during the Contract Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed $6,500.00 per unit without prior written approval from the Department. The cumulative total cost per unit (materials,labor,and program support),shall not exceed the maximum allowable by end of the Contract Term. Page 4 of 7 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81170002654 FOR THE FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) EXHIBIT C LIHEAP PRIORITY LIST For Single-Family,Mobile Homes,and Small Multi-Family Buildings City of Fort Worth a political subdivision of the State of Texas An energy conservation measure (ECM) may include contributory items necessary for the proper installation of that ECM. The installed cost of all contributory items, associated with the proper installation, cannot exceed the cost of the individual ECM cost.Both the contributory and ECM costs are to be wrapped for the total ECM cost. Contributory items, as defined by the Department, means items required by WAP field standards to achieve a final product in a typical installation. Contributory items must be necessary to complete the proper installation and ensure proper performance of the ECM. Incidental Repairs, as defined by the Department, means those repairs necessary on items for the effective preservation of weatherized materials. 1. Health &Safety Items • Households that have a pregnant woman-Window screens/Solar screens to help prevent exposure to the Zika Virus • Must meet ASHRAE 62.2-2016 Standard • Refer to H&S guidance located on the Department website at the following link: htta://www.tdhca.state.tx.us/community-affairs/wap/Uidance.htm • To include cook stoves-refer to Chapter 8 of the MISM httn://www.tdhca.state.tx.us/community-aflairs/wat)/docsfW AP-MISM.pdf 2. Infiltration Measures,Maximum Cost $1000,maximum cost • Must follow Material Installation Standards located on the Department's website at the following link: http://www.tdhca.state.tx.us/community-affairs/wap/docs/WAP-MISM.pdf • When solely utilizing the LIHEAP Priority List,minimum CFM reduction is not required • All cost(labor and materials)must be detailed on the Building Weatherization Report(B)WR) • Complete Blower Door Data Sheet as instructed 3. Duct Sealing • $1000,maximum cost • All return ducts to be sealed regardless of location • All supply ducts to be sealed when in unconditioned space 4. Attic Insulation • If addressed,must follow current code • Block all heat sources&attic hatches • If no insulation is added but ventilation needed,install ventilation under H&S 5. Compact Florescent Lighting(CFLs)OR Light-emitting Diodes(LEDs),water savers,and pipe and water heater insulation • Install maximum of 10 CFLs/LEDs per house • Water savers consist of kitchen,bath,and shower Page 5 of 7 6. Sidewall Insulation • Dense pack all exterior wall cavities including above and below all windows and doors if no insulation exists 7. Smart Thermostat Install only after consultation/training with client 8. Refrigerator Replacement • Meter for minimum of 30 minutes • Pre-1993 units can be replaced without metering,as long as manufactured year is documented • Replaced units must be de-manufactured properly,materials must be recycled and refrigerant properly disposed of to E.P.A.regulations 9. Solar Screens/Window Film • Install in the following order: • West,South,East,then North side of house • If the windows are covered by porches, garages, or any other permanent shading structure, then solar screens/window film cannot be installed on that window 10. Floor Insulation • If addressed,must follow current code • Follow OSHA accessibility standards 11. Miscellaneous Repairs • Maximum expenditure allowed is$500 • Must be related to weatherization measure • Materials include: lumber, shingles, flashing, siding, drywall, masonry supplies, minor window and door repair, gutters,downspouts,paint,stains,and sealants • Regarding mobile homes,could include mobile home skirting and overhangs to protect mobile home doors • Could also include carpentry work to protect water heaters located outside to protect DWH from weather elements • Could include roof,wall,and floor repair;excluding leveling • Repair of"essential wiring" • Essential wiring defined as any wiring going directly to an appliance that is being addressed by the WX program 12. HVAC/Evaporative Cooler System Service • Complete replacement of fumace/AC/HVAC as energy efficiency measure is a possibility i. Must meet current Energy Star rating for complete system replacement(see guidance below for component only replacement); ii. Must document accurate Manual J and Manual S in client file; iii.HVAC units with a SEER or downgraded SEER of 11 or less should be replaced.Documentation of the downgraded formula should be in the client file as part of the assessment; iv.Central heating units with an Annual Fuel Utilization Efficiency (AFUE) or downgraded AFUE of 65% or less should be replaced with a high efficiency unit not less than 90% AFUE. Documentation of the downgraded formula should be in the client file as part of the assessment; v. Resistance central heating units, if the cooling side meets replacement criteria, may be replaced with a complete central heat pump system. Documentation of degraded cooling unit SEER and age of heating unit should be in the client file as part of the assessment; vi. The replacement of AC only components of the HVAC system in cases where the existing furnace does not meet the degraded AFUE will be allowed if the following criteria is met: 1. The components have a valid AHRI rating 2. Components are either Energy Star Rated or documentation is present in the client file from the HVAC contractor stating the reason Energy Star rating cannot be obtained. If Energy Star ratings are not obtained the components must: a. Increase the degraded SEER rating of the existing equipment by a minimum of 3 SEER. b. Be the highest ARM rated components available with a min SEER rating of 14 SEER Page 6 of 7 • Repair of central system is potentially allowable. Justification for the repair must be documented in the client file.Repair can include,but is not limited to: i. Clean and tune ii. Clean Evaporative and Condensing coils iii.Check/adjust gas pressure iv. Clean blower wheel(squirrel cage) v. Check all controls,set heat anticipator if applicable • Change and leave up to twelve new air filters • No replacement of window air conditioners if a central system is replaced or repaired to working order • Replacement of window air conditioners: • Maximum of three(3)window units can be replaced • Must be Energy Star Rated and sized according to manufacturer's room sizing specifications • Mini split replacement options for units with inefficient or oversized window units will be considered on a case by case basis with Department approval. In order to receive Department approval, subrecipients must provide the following: a. Billing history information to verify the need b. Window unit plate information to include age, rated efficiency, maintenance factor/condition c. Brief synopsis of the auditors reasoning for the mini split consideration d. Unit drawing showing the coverage of each window unit e. Type of heating system in the house f. Cost information of the replacement system g. Other information deemed necessary by the Department to justify window unit replacement with a mini split system. 13. Doors and/or Windows • Doors or windows that are structurally unsound or unable to be repaired may be replaced. i. Photo documentation must be kept in the client file. Page 7 of 7 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/21/2017 -Ordinance No. 22617-02-2017 DATE: Tuesday,February 21,2017 REFERENCE NO.: C-28125 LOG NAME: 19NS TDHCA-LIHEAP2017 SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2017 Low-Income Housing Energy Assistance Program, a Federal Funded Program Sponsored by the U.S Department of Health and Human Services Designed to Provide Assistance for Low to Moderate Income Residents to Lower Home Energy Costs in an Amount Up to $2,000,000.00,Authorize Related Contracts,Adopt Appropriation Ordinance and Waive Indirect Costs (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of a grant from the Texas Department of Housing and Community Affairs in an amount up to $2,000,000.00 for the 2017 Low-Income Housing Energy Assistance Program; 2. Authorize the execution of related contracts,including any amendments, extensions and renewals,in accordance with City policies and regulations, with the Texas Department of Housing and Community Affairs for the grant funds for program year January 1, 2017 through December 31,2017; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$2,000,000.00, subject to receipt of the grant; and 4. Waive indirect costs in the amount of$22,275.00. DISCUSSION: Since 1982,the City has operated the Low-Income Housing Energy Assistance Program(LIHEAP)through grants from the Texas Department of Housing and Community Affairs (TDHCA). This program serves low-income residents in Tarrant County by weatherizing their houses. Weatherization measures include attic insulation,weather-stripping,caulking,repair and/or replacement of windows and doors and other minor repairs. Administrative costs are restricted to seven percent of the LIHEAP grant based on the total allowable expenditures for the Low-Income Housing Energy Assistance Program. The City has weatherized approximately 134 houses with funding from this grant between January and September 2016 and will target completing 150 houses in 2017. Overall,the Low-Income Housing Energy Assistance Program has completed 150 units during the same period in Fort Worth and Tarrant County. A waiver by the City of indirect costs will maximize benefits. LIHEAP provides for 2.50 full time positions with estimated direct salaries of $135,000.00. The addition of indirect costs would result in the reduction of services and staff. The estimated indirect costs to be waived is $22,275.00. This program services ALL COUNCIL DISTRICTS. This contract will be with a governmental entity,state agency or public institution of higher education: Texas Department of Housing and Community Affairs. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that,upon approval of the above recommendations,receipt of the grant, and adoption of the attached appropriation ordinance,funds will be available in the current operating budget, as appropriated, of the Grants Fund. This is a reimbursement grant. FUND IDENTIFIERS (FIDs): Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) FROM Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 1. 19NS TDHCA-LIHEAP2017 AO v2.docx (Public)