HomeMy WebLinkAboutContract 45091-A5 CITY SECRETARY I i o q I
CONTRACT NO.
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FIFTH AMENDMENT TO CITY SECRETARY
CONTRACT NO. 45091
WHEREAS, on October 31, 2013,the City of Fort Worth("City") and G.A. Miller
Enterprises Inc. d/b/a Glenn's Air Conditioning and Heating(Glenn's AC), a sole proprietorship
("Contractor")made and entered into City Secretary Contract No. 45091 (the "Contract) for
construction services for the City's Priority Repair Program.
WHEREAS,the Priority Repair Program provides up to $5,000.00 for home repairs,
including repair, replacement or installation of Heating, Ventilation, and Air Conditioning
(HVAC) systems for eligible City homeowners for Priority 1 emergency repairs and Priority 2
repairs of failed household mechanical systems to address health and safety issues as more
particularly defined by the program.
WHEREAS, the Contract was for a 1 year term beginning on the Effective Date and
provided for 4 additional 1 year terms;
WHEREAS, the Parties agreed to extend the Contract for an additional 1 year term
beginning November 1, 2014 through October 31, 2015, for a second additional 1 year term
beginning November 1, 2015 through October 31, 2016; for a third additional 1 year term
beginning November 1 2016 through October 31, 2017; and for a fourth additional 1 year term
beginning November 1, 2017 through October 31, 2018; and,
WHEREAS, the amount of funds awarded in the Fourth Amendment was $200,000 from
the Priority Repair Program, and
WHEREAS,the City of Fort Worth Weatherization Program provides assistance to low
income households for health and safety measures and energy conservation, including repair,
replacement and installation of HVAC systems, consistent with the Scope of Services of the
Priority Repair Program; and
WHEREAS,the City of Fort Worth received an award of$590,500 from the Texas
Association of Community Action Agencies (TACAA)to provide Weatherization services to
income-eligible households for the 2017 Program Year; and
WHEREAS,the term of the TACAA award was from February 1, 2017 to November 30,
2017 established in City Secretary Contract 48678; and
WHEREAS, on August 10, 2017, TACAA advised the City of an increase in the
Weatherization award amount to the City of Fort Worth by$241,390,to a total award of
$831,890, as acknowledged by City Secretary Contract 48678 A-1; and
WHEREAS, on February 13, 2013 City Council approved M&C #C-26100 to award a
job order construction contract for performance of all Weatherization Program home repair and
improvement services for the City, including TACAA-funded ho ve ent
OFF!Ci,AL RECORD
FIFTH CONTRACT AMENDMENT CSC NO.45091 /2017
/2017
Priority Repair Program M&C 26508 CITY SECRETWO Page 1
G.A.Miller Enterprises Inc.d/b/a Glenn's Air Conditioning and Heating ��WORTH,TX
services,to Integrity Texas, a general contractor; and
WHEREAS,M&C#C-26100 authorized extension of the initial one-year term of the
Weatherization Program contract with Integrity Texas for 4 additional one-year terms, and
WHEREAS, on February 10, 2017, City Secretary Contract 44184-R4 amended and
extended the Integrity Texas Weatherization Program contract to provide for services for the
2017 Program Year, with a term ending on February 13, 2018; and
WHEREAS, Integrity Texas has failed to meet performance standards established its
Contract#44184 and subsequent amendments, by failing to perform assigned work, failing to
complete work within specified time periods, and by declining to perform at least $102,490 in
additional work under the contract, and
WHEREAS, City staff has recommended that TACAA funds and Weatherization
Program funds declined by and not used by Integrity Texas be awarded to another qualified
contractor to ensure that Fort Worth's low income residents receive all proposed home repair and
energy efficiency improvements; and
WHEREAS, Glenn's AC has experience, qualifications, and capacity to perform the
work declined by Integrity Texas, and
WHEREAS, it is the mutual desire of City and Contractor to amend the Contract to meet
Contract objectives, to increase the amount awarded and to provide HVAC repairs and
replacements to as many low-income City residents as possible.
NOW, THEREFORE, City and Contractor hereby agree to amend the Contract as
follows:
I.
ARTICLE 1. DEFINITIONS is amended by adding the following definitions:
"Effective Date" means November 1, 2017.
The first sentence of ARTICLE 5. TERM OF CONTRACT is amended to be and
read as follows:
"This Contract shall commence as of the Effective Date and shall automatically expire
upon the earlier of the expenditure of$302,490.00 or October 31, 2018 (the "Expiration
Date"), if not terminated sooner or extended as described below."
II.
FIFTH CONTRACT AMENDMENT CSC NO.45091 Rev.011/2017
Priority Repair Program M&C 26508 Page 2
G.A.Miller Enterprises Inc.d/b/a Glenn's Air Conditioning and Heating
Contractor agrees that the additional funds added through this amendment shall be used
only for the purpose of repair, replacement or installation of HVAC systems and other related
scope of services as previously bid for the Priority Repair Program; and
III.
All other terms and conditions of City Secretary Contract No. 45091 not amended herein
remain unaffected and in full force and effect, are binding upon the Parties, and are hereby
ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to
them in the Contract.
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FIFTH CONTRACT AMENDMENT CSC NO.45091 Rev.011/2017
Priority Repair Program M&C 26508 Page 3
G.A.Miller Enterprises Inc.d/b/a Glenn's Air Conditioning and Heating
ACCEPTED AND AGREED:
*
CITY p ,
ST: y-Y OF FORT WORTH
v�Zvs(s�A��s-�•
' C ty Secretary S' .. :ate Fernando Costa, Assistant City Manager
M&C C-26508 10/1 ' 3 * V\ ate: 11/i4/7
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
t ( - / `f -/ 7
J ,Neig borhood Development Manager,Neighborhood Services Department
APPROVED AS TO FORM AND LEGALITY
)oaAzs�
SefAw Assistant City Attorney
vv 0.Ytfa
CONTRACTOR
G.A. Miller
d/b/a Glenn's Air Conditioning afd Heating
By:
G.A. ill. r, Ovqaer
Date:
FIFTH CONTRACT AMENDMENT CSC NO.45091 Rev.011/2017
Priority Repair Program M&C 26508 Page 4
G.A.Miller Enterprises Inc.d/b/a Glenn's Air Conditioning and Heating