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HomeMy WebLinkAboutContract 50601 C'�n^n11 a�r-TARY Ci.N I tNA1JT No. CITY OF FORT WORTH JOB ORDER CONTRACT(JOC)/SERVICES CONTRACT HOME REPAIR SERVICES This Contract, made and effective as of the last date executed by a Party hereto ("Effective Date"), is by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("City") and Jesus Garcia & Son, Inc. d/b/a MVA AC and Heating, authorized to do business in the State of Texas ("Contractor"). City and Contractor may be referred to herein individually as a Party and collectively as the Parties. WITNESSETH: That for and in consideration of the payments and agreements to be performed by the City, Contractor hereby agrees with City to commence and complete the Job Order Contract Services described herein. ARTICLE 1. DEFINITIONS "Abatement" means a measure or set of measures designed to permanently eliminate lead- based hazards or lead-based paint. Abatement strategies include the removal of lead-based paint, Enclosure, Encapsulation, replacement of building components coated with lead-based paint, removal of lead-contaminated dust, and removal of lead-contaminated soil or overlaying of soil with a durable covering such as asphalt(grass and sod are considered Interim Control measures). All of these strategies require preparation; cleanup; waste disposal; post-Abatement clearance testing; recordkeeping; and, if applicable, monitoring. "Building Code" means the City's Building Code as amended from time to time. "Building Permit" means any permit received from the City's Planning and Development Department to perform the Work on a Housing Unit. "Business Diversity Enterprise Ordinance" or "BDE" means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. "CDBG" means Community Development Block Grant. "CDBG Regulations" means regulations found at 24 CFR Part 570 et seq. "Contract Documents" means, collectively, this document, the General Conditions Attachment A, the Program Specific Conditions Attachment A-1, Sample Job Order Attachment B, Bid Price Worksheet Attachment C, Terms and Conditions Attachment D, the RFP and Contractor's Response to the RFP, and all other Attachments and other documents that are attached or incorporated herein by reference. The Contract Documents shall be construed in the order of precedence in which they are listed. "Contractor Personnel"means employees, staff or subcontractors employed or hired by Contractor to perform Work under this Contract. OFFICIAL RECORD CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT CITY$ VARY QQ` " o�oQ��PQ MVA AC AND HEATING FT. Yvt�l14� 2 18 p. eo � 17C v14FS "Encapsulation" means any covering or coating that acts as a barrier between lead-based paint and the environment, the durability of which relies on adhesion and the integrity of the existing bonds between multiple layers of paint and between the paint and the substrate. "Enclosure"means the use of rigid, durable construction materials that are mechanically fastened to the substrate to act as a barrier between the lead-based paint and the environment. "EPA" means the United States Environmental Protection Agency. "EPA's Renovation, Repair and Paint Rule" or "RRP Rule" means 40 CFR Part 745, as amended from time to time. "Household Crisis Repair Program"means the City of Fort Worth's program to assist low income households with emergency and urgently needed repairs to heating and air conditioning (HVAC) systems as funded by Comprehensive Energy Assistance Program (CEAP)funds. The purpose of the Household Crisis Repair Program is to assist low income families in need, in order to preserve health and safety. "Housing Unit" means a residential unit occupied by a household eligible for services under any of the City's Home Repair Services Programs and includes the real property on which the Housing Unit is located. "Interim Controls" means a set of measures designed to temporarily reduce human exposure or possible exposure to lead-based paint hazards. Such measures include, but are not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, and the establishment and operation of management and resident education programs. Monitoring, conducted by owners, and reevaluations, conducted by professionals, are integral elements of Interim Control. Interim Controls include dust removal; paint film stabilization; treatment of friction and impact surfaces; installation of soil coverings, such as grass or sod; and land use controls. Interim Controls that disturb painted surfaces are renovation activities under EPA's Renovation, Repair and Painting Rule. "HUD" means the United States Department of Housing and Urban Development. "HUD Guidelines" means the U.S. Department of Housing and Urban Development Guidelines for the Evaluation of Lead-Based Paint Hazards in Housing, Second Edition,July 2012, as may be amended from time to time. "Job Order Contract" or "JOC"" is a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity governing agreement for the Work("Project"). "Job Order" means an itemized list of the Work which contains sufficient detail to determine quantities and quality, and the time for performance. It includes any specifications and drawings required by City together with any change orders approved by City and Contractor. Work on a Housing Unit will be authorized by an individual Job Order on an as-needed basis. See sample Job Order Attachment B. "Lead Safe Housing Rule" means the regulations found at 24 CFR Part 35 subparts B-R. "LeadSafe Program" means the City of Fort Worth's Lead Hazard Reduction Demonstration program as funded by grant funds from the HUD Office of Healthy Homes and Lead Hazard Control (OHHLHC) and CDBG matching funds. The purpose of the LeadSafe Program is to remove the health hazards of lead-based paint from the homes of low and moderate income families with small CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 2 MVA AC AND HEATING Date: 3-28-2018 children. The LeadSafe Program includes a Healthy Homes component which addresses basic health and safety repairs on qualified housing units where lead-based paint hazards have been reduced or eliminated. "LIHEAP" means Low Income Heating and Energy Assistance Program, funded with grant funds from the United States Department of Health and Human Services. The purpose of the LIHEAP program is to meet immediate home energy needs, through home cooling, weatherization, and/or energy-related low-cost home repairs or replacements. "Owner" means the owner of the Housing Unit to be repaired. "Priority Repair Program" means the city's program to perform minor home repairs to address health and safety issues at eligible housing units occupied by low income homeowners. Home repairs performed under the Priority Repair Program may include roof repair or replacement, HVAC repair or replacement, water/sewer/gas line repair or replacement, electrical repairs, and other minor health and safety repairs, "Request for Proposals" or"RFP" means the Request for Proposals for multiple categories of home repair services for low-income households within the City of Fort Worth and Tarrant County RFP No. 17-0500 issued October 4, 2017. "TDHCA"means Texas Department of Housing and Community Affairs,which administers the WAP and LIHEAP programs "Texas Administrative Code" means regulations of the State of Texas that govern the administration of LIHEAP and DOE weatherization grant programs. "Texas Environmental Lead Reduction Rule" or "TELRR" means 25 TAC 295.201-220, as amended from time to time. "WAP" means Weatherization Assistance Program,funded with grant funds from the United States Department of Energy through the LIHEAP program, through funds from the Texas Association of Community Action Agencies (TACAA), or from other sources. The purpose of WAP is to help low income households reduce energy consumption and energy costs by providing energy conservation measures. Weatherization assistance is provided following an assessment and energy audit that determines the scope of work of each particular WAP home repair project. "Work" means the Home Repair Services provided by contractor under this contract, including any Weatherization, HVAC, Plumbing, Electrical, Roofing, Lead Hazard Reduction, or related rehabilitation and repair work performed on a Housing Unit required by a Job Order and the Contract Documents, whether completed or partially completed, and which includes all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract Documents ARTICLE 2. SCOPE OF SERVICES A. Contractor agrees to provide the City with Weatherization, HVAC, Lead Hazard Control, General Carpentry, and construction management services for the purpose of assisting income-eligible and otherwise qualified residents with Home Repair Services in a Housing Unit. Activities shall include but not be limited to the activities listed in Attachment C "Bid Price Worksheet." All Work shall be performed on an as-needed basis and in accordance with the TELRR,the HUD Guidelines,the Lead-Safe Housing Rule, DOE WAP CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 3 MVA AC AND HEATING Date: 3-28-2018 or DHHS LIHEAP regulations, TACAA guidelines and any other applicable regulations regarding performance of the funded home repair services with the use of the specified funds. B. Contractor acknowledges that the Project(s)is/are assisted in whole or in part with LIHEAP (Low Income Home Energy Assistance Act Weatherization Assistance Program), DOE (Department of Energy Weatherization Assistance Program), TACAA WAP (Texas Association of Community Action Agencies—Oncor Weatherization Assistance Program), LEAD(Lead-Based Paint Hazard Control and Lead Hazard Reduction Programs)and HHI (Healthy Homes Demonstration) funds and that any Job Order and the Work shall be performed in accordance with the applicable requirements for that funding source, including the requirements of the general conditions as more particularly set out in Attachment A and the applicable program specific conditions as more particularly set out in Attachment A-1. C. Contractor shall do everything required by the Contract Documents for each Job Order including furnishing all of the labor, materials and equipment necessary to perform the Work. As applicable for the particular job assigned, all Work shall be performed by workers trained and certified under the EPA Renovation and Repair Rule and qualified for the home repair activities to be performed. Work performed for the LeadSafe and Priority Repair Programs shall be performed by workers qualified in accordance with HUD's Lead Safe Housing Rule, and who are trained and certified by the Texas Department of State Health Services, Environmental Lead Branch. D. Contractor must perform the Work in accordance with the Building Code and all other relevant City, State and Federal building codes and any other applicable laws, ordinances and regulations, including applicable Home Repair Program requirements as further described in Attachment A-1. To the extent of conflict between any of the foregoing codes and standards, the more restrictive shall apply. Inconsistencies or conflicts between the Building Code and this Contract shall be resolved in favor of the Building Code. If it is necessary to modify this Contract to comply with the Building Code, then the Parties shall execute a written modification. E. City will inspect all completed Work, as applicable, before payment to the Contractor is approved. Contractor must repair or replace all Work and materials that do not pass inspection. Such repair or replacement of Work shall be completed within 3 working days from written notification of the need for such repair or replacement by City. If the Work fails to pass final inspection, Contractor will be responsible for any fees associated with the re- inspection as well as any other fees or costs resulting from the failure of the Work to pass final inspection. For work performed on the LeadSafe Program, Contractor will be responsible for any fees associated with an additional clearance test,such as testing of dust wipes, as well as other associated costs; such costs may include the cost of lodging or any other additional relocation expenses for the Housing Unit's occupants. F. Contractor shall not solicit or contract with occupants or Owners to perform additional work on the Housing Unit for minimum of 6 months after the Work is complete. G. Contractor shall be responsible for moving furniture and/or safe storage of the occupants' furniture and personal belongings if necessary to perform the Work. Contractor is required to provide proof of insurance and adequate, safe storage of the occupant's furniture and personal belongings when applicable for the duration of the Work. H. Contractor must notify City promptly of the need for any change order. Any work in excess of that specified on the work order or on an authorized change order, and not authorized by CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 4 MVA AC AND HEATING Date: 3-28-2018 the City, will be a disallowed cost, and the Contractor will receive no compensation for that work. ARTICLE 3. INSURANCE REQUIREMENTS Contractor shall not commence Work until it has obtained all insurance coverage described in Attachment A and proof of such coverage has been received and approved by City. ARTICLE 4. TIME OF COMPLETION City shall provide Contractor a written Notice to Proceed for each Job Order which states a date for commencement and a date for completion of the Work. Contractor shall complete the Work within the number of calendar days specified in the Job Order. Approved change orders may extend the completion date. The time for completion of the Work is an essential element of this Contract. Contractor acknowledges that failure to complete the Work within the stated number of calendar days may result in suspension or termination of this Contract. ARTICLE 5. TERM OF CONTRACT This Contract shall commence as of the Effective Date and shall automatically expire 1 (one) year from the Effective Date (the "Expiration Date"), if not terminated sooner or extended as described below. No Job Order shall be issued after the Expiration Date. However, any Job Order with Work still in progress,Contractor's obligation to cure or remedy defective Work,and Contractor's warranty and indemnification obligations shall survive the Expiration Date or earlier termination of this Contract. This Contract shall be renewable at the City's option, and upon Contractor's written acceptance,for two(2)additional one-year terms. If City exercises its option to renew, it will do so by providing written notice to Contractor at least 10 calendar days prior to the Expiration Date. If City exercises a renewal option,the additional term shall be deemed to include this option provision as well as all other terms, conditions and price structures of this Contract unless specifically changed or modified in writing executed by the Parties. Renewal is subject to availability of funding under the above-listed grant funding sources, Contractor performance, and mutual agreement by all parties. All renewals or extensions shall be based on existing terms, conditions and price structures set forth herein or as amended by the City. CONTRACTOR ACKNOWLEDGES AND AGREES THAT THERE IS NO GUARANTEE THAT A SPECIFIC DOLLAR AMOUNT WILL BE SPENT UNDER THIS CONTRACT. ARTICLE 6. PAYMENT FOR SERVICES A. City shall pay Contractor for each Job Order based on the prices in Attachment C upon City's acceptance of the completed Work and submission by Contractor of a detailed invoice. B. City shall have the unconditional right to withdraw a Job Order at any time so long as it has not issued a Notice to Proceed. If a Job Order is withdrawn,Contractor shall not be entitled to any compensation or reimbursement of any costs incurred by the Contractor for the withdrawn Job Order so long as the City has not yet issued a Notice to Proceed. C. For a Job Order to become effective, it must (1) be signed by City and Contractor, (2) be for a fixed price, lump sum for the Work, (3)be based on the prices in Attachment C, and CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 5 MVA AC AND HEATING Date: 3-28-2018 (4)include a Notice to Proceed. City shall pay Contractor within 30 days of acceptance of Work. D. Contractor will not be compensated for any Work outside of the scope of a Job Order or this Contract that is not authorized by City in writing. E. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. ARTICLE 7. LIENS Contractor shall not place a lien on the Housing Unit and will only look to the City for payment for Work. Placement of a lien on a Housing Unit by Contractor or any subcontractor will be grounds for termination of this Contract for cause. ARTICLE 8. PERMITS AND INSPECTIONS Contractor shall apply for all Building Permits and for any other permits required by a Job Order. Separate Building Permits shall be required for each Housing Unit. Contractor shall be responsible for scheduling all City inspections. All necessary inspections by the City's Planning and Development Department for Building Permits must have occurred in order for final inspection of the Work by the City's Neighborhood Services Department inspectors to be scheduled. Work must pass final inspection by both Planning and Development Department inspectors for Building Permits and Neighborhood Services Department inspectors for all Contract and federal requirements for the Work. ARTICLE 9. CITY INSPECTION AND ACCEPTANCE OF WORK Inspection and acceptance of any Work shall be as stated in a Job Order in accordance with the Contract Documents. Completed work must be approved by inspectors from both the Planning and Development Department for Building Permits and the City's Neighborhood Services Department for all Contract and federal and state law requirements City reserves the right to perform inspections of the Work at any time,and any inspections performed by City or by others on behalf of City shall be for City's sole benefit. The presence or absence of a City inspector does not relieve Contractor from any Contract requirement, and no inspector is authorized to change any term or condition of the Job Order or of the Contract Documents without the City's written authorization. Quality control for the Work is the responsibility of Contractor. Contractor shall, without charge, replace or correct Work found by City not to conform to the Job Order or Contract requirements unless City consents to accept the Work with an appropriate adjustment in the Job Order price. ARTICLE 10. WARRANTY OF CONSTRUCTION AND MATERIALS Contractor shall warrant that Work conforms to the Job Order and is free of any defect in material, design furnished, or workmanship performed by the Contractor or any of its design professionals, CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 6 MVA AC AND HEATING Date: 3-28-2018 subcontractors or suppliers at any tier. All Work shall be warranted for a minimum of 1 year from the date of final acceptance of the Work. All repairs or replacement shall be at no cost or charge to City or the Owner or occupant,whether or not the materials are guaranteed by the manufacturer or supplier. The warranty shall not be construed to limit or in any way modify any warranties or guarantees placed upon any materials, fixtures or devices by their manufacturers, or any components for which a longer period of warranty is required in this Contract. Contractor shall furnish the Owner with all manufacturers' and suppliers'written guarantees, warranties and operating instructions covering materials furnished under this Contract, together with any documentation required for validation. ARTICLE 11. DELAYS AND EXTENSION OF TIME Contractor may be granted an extension of time because of change orders, or because of unforeseeable conditions that are deemed by City in its sole discretion as being beyond Contractor's control and which constitute a justifiable delay. Requests for extensions of time must be made in writing no later than 2 calendar days after the occurrence of the delay. Any additional time allowed shall be at no cost to City. Any additional expenses incurred because of Contractor error as deemed by City in its sole discretion, including but not limited to, additional occupant relocation expenses and clearance sampling analysis, will be paid by Contractor. ARTICLE. 12. SUBCONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREAS For procurement contracts $50,000.00 or larger, Contractor agrees to abide by City's policy to involve Minority Business Enterprises ("MBE") and Small Business Enterprises ("SBE") and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate the City s BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement $50,000.00 or larger, and will further require all persons or entities with which it so contracts to comply with said ordinance. Contractor acknowledges the MBE goals established for this Contract and Contractor's commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Contractor may result in the termination of this Contract for cause and debarment from participating in any City contracts for not less than 3 years. THE MBE GOAL FOR THIS CONTRACT IS 10%. Analysis of whether such MBE goal is met will be measured on an aggregate basis for the entire term of the Contract. Contractor is responsible for contacting the City's M/WBE Office to obtain lists of certified MBE firms in order to meet this goal. The MBE firm(s) must be located or doing business in the City's geographic market area at the time of the issuance of al Job Order. The City's geographic market includes Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. The MBE firm(s)must also be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency or the Texas Department of Transportation Highway Division. CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 7 MVA AC AND HEATING Date: 3-28-2018 Contractor shall deliver the monthly MBE reports and supporting documentation to the M/WBE Office which will verify that payments have been made to MBE subcontractors on each completed Job Order. On Job Orders that extend over 30 days in duration, the M/WBE Office will verify that payments have been made to the MBE subcontractors for work in-place. In addition, it is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs") as defined by federal statutes and regulations. Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. ARTICLE 13. RELATIONSHIP OF PARTIES Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers,agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership orjoint venture between City and Contractor, its officers, agents, employees and subcontractors, and the doctrine of respondeat superior has no application as between City and Contractor. ARTICLE 14. NO THIRD PARTY BENEFICIARIES This Contract shall inure only to the benefit of City and Contractor and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Contract. Each Party shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 15. SUSPENSION AND TERMINATION A. Suspension 1. City may suspend the Contract for 30 days and no new Job Orders will be assigned if the following occur 3 or more times: a. Contractor fails to provide adequate supervision at the Housing Unit. b. Contractor fails to obtain appropriate permits and inspections. c. Contractor fails to meet all safety requirements in Attachment A. d. Contractor fails to correct deficient work within 2 days as required in Article 2. e. Contractor fails to comply with any term of the Contract Documents. 2. City shall provide Contractor written notice of each occurrence in which Contractor has failed to comply with the terms of this Contract. After Contractor has been sent 3 written notices, City may send a notice of 30-day suspension or termination of this Contract to Contractor. B. Termination for Convenience City may terminate this Contract without cause with 30 days written notice to Contractor. Termination of this Contract and receipt of payment for services rendered up to the date of notice of termination are Contractor's only remedies for the City's termination for convenience. Contractor waives any claim (other than its claim for payment for services CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 8 MVA AC AND HEATING Date: 3-28-2018 rendered up to the date of notice) it may have now or in the future for financial losses or other damages resulting from the City's termination for convenience. C. Termination for Cause 1. City may terminate this Contract for cause for Contractor's default,failure or inability to perform, failure to comply with any of the terms herein, or for other good cause including substandard work. Substandard work shall be defined as material or workmanship that deviates from or falls short of construction standards and practices. 2. Contractor shall be given written notice specifying the portions of the Contract in which Contractor is in default and will be given 15 days to cure the default. The notice of default shall also state the effective date of termination if the default is not cured. 3. If Contractor has not cured the default by the date specified, then City shall terminate the Contract on the date of termination. Contractor shall stop work on the date of termination. Contractor shall not receive any compensation for any Work performed after the date of termination. D. Termination does not terminate any provisions of this Contract that have been expressly noted as surviving the Contract's term or termination. Termination shall not affect or terminate any of City's existing rights against Contractor or which may thereafter accrue because of Contractor's default. E. Unless otherwise specified elsewhere in this Contract, the rights and remedies contained herein are not exclusive, but are cumulative of all rights and remedies which exist now or in the future. ARTICLE 16. WAIVER No waiver by either Party of any default or breach of any term, covenant or condition of this Contract shall operate as a waiver of any future breach or other default,whether of a like or different character or nature. ARTICLE 17. SEVERABILITY If any part of this Contract is for any reason found to be unenforceable, all other parts remain enforceable unless the result materially prejudices either Party. . ARTICLE 18. WRITTEN AGREEMENT ENTIRE CONTRACT This written instrument and the Attachments and Exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitutes the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and must be executed by each Party to this Contract. ARTICLE 19. GOVERNING LAW AND VENUE This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Texas. The Parties agree that any action with respect to this Contract may only be brought in a court of competent subject matter jurisdiction located in Tarrant County, Texas. ARTICLE 20. INDEMNIFICATION CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 9 MVA AC AND HEATING Date; 3-28-2018 CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT,WHETHER SUCH CLAIMS ARISE OUT OF CONTRACT OR TORT, SUITS FOR PROPERTY, WHETHER REAL OR PERSONAL,LOSS OR DAMAGE, PERSONAL INJURY,INCLUDING DEATH,TO ANY AND ALL PERSONS,OF WHATSOEVER KIND OF CHARACTER,WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY; AND CONTRACTOR DOES HEREBY COVENANT AND AGREE TO ASSUME ALL LIABILITY AND RESPONSIBILITY OF THE CITY, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS,AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CONTRACTOR AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. ARTICLE 21. SURVIVAL Contractor shall remain obligated to City under all clauses of this Contract that expressly or by their nature extend beyond termination of this Contract, including but not limited to the warranty and indemnity provisions. CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 10 MVA AC AND HEATING Date: 3-28-2018 ARTICLE 22. LITIGATION AND CLAIMS Contractor shall give City immediate notice in writing of any action, including any proceeding before an administrative body, filed against Contractor in conjunction with this Contract. Contractor shall immediately furnish to City copies of all pertinent papers received by Contractor with respect to such action or claim. Contractor shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. ARTICLE 23. CHANGES AND AMENDMENTS TO LAW Any changes in the terms of this Contract which are required by a change in state or federal law or regulation is automatically incorporated herein effective on the date designated by such law or regulation. Except as otherwise specifically provided herein, any other changes to the terms of this Contract shall be by amendment hereto in writing executed by the Parties. ARTICLE 24. PARAGRAPH HEADINGS FOR REFERENCE ONLY; NUMBER The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When the context requires, singular nouns and pronouns include the plural. ARTICLE 25. CONTRACT CONSTRUCTION The Parties acknowledge that each Party and, if it so chooses, its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. ARTICLE 26. CONTRACTOR HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. ARTICLE 27. RIGHT TO AUDIT Contractor agrees that City shall, until the expiration of three(3)years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books,documents, papers and records, including, but not limited to, all electronic records, of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. ARTICLE 28. IMMIGRATION NATIONALITY ACT. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I- CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 11 MVA AC AND HEATING Date: 3-28-2018 9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. ARTICLE 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT Page 12 MVA AC AND HEATING Date: 3-28-2018 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this 28" day of March,2018. CITY OF FORT WORTH: APPROVED AS TO FORM AND .�-- n, ` LEGALITY: BY: JG� (r �! Fernando Costa BY: Assistant City Manager Name: Matt Murray Assistant City Attorney DATE: 4 1T48 CONTRACT AUTHORIZATION: APPROVAL RECOMMENDED: M&C: P-12170 BY: DATE APPROVED: March 6,2018 Name: jArul5rey Thag r4lt` Title: Neighborhood Spi.O �j'tiO 1295 Certificate No.: 2018-308674 ATTEST: '�JI A AC AND HEATING: S _ BY: Ci ry t Y: J L 3U'5 ty NAME: Jesus Garcia Salinas CONTRACT COMPLIAN .- TITLE: Owner By signing 1 acknowledge that 1 am the DATE: c person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting ATTEST: requirements. BY: BY Name: Barbara Asbury Title: Compliance and Plai ng Manager OFFICIAL RECORD CIT1f SECRETARY IF FT &TK TX CITY OF FORT WORTH HOME REPAIR SERVICES CONTRACT ` �P`A MVA AC AND HEATING �. Date: 3-28-2018 Attachment A GENERAL CONDITIONS HOME REPAIR SERVICES I. SCOPE Contractor agrees to provide the City with Weatherization, HVAC, Lead Hazard Control, General Carpentry, and construction management services for the purpose of assisting income-eligible and otherwise qualified residents with Home Repair Services in a Housing Unit. Activities shall include but not be limited to the activities listed in Attachment C "Bid Price Worksheet."All Work shall be performed on an as-needed basis and in accordance with the TELRR, the HUD Guidelines, the Lead-Safe Housing Rule, DOE WAP. Words used in this Attachment shall have the same meaning as in the JOB ORDER CONTRACT (JOC)/SERVICES CONTRACT unless otherwise defined herein. II. CONTRACTOR AND SUBCONTRACTOR QUALIFICATIONS A. Contractor shall familiarize themselves with the quality and quantity of work to be performed and the materials and equipment required. B. Contractor certifies that both Contractor and any subcontractors are licensed, certified and trained to perform the Work. Contractor shall provide proof of all applicable licenses and certificates for itself and for any subcontractors. C. Contractor and any subcontractors may not be debarred or suspended from performing work by any local,state or federal If Contractor or any subcontractors have been debarred, suspended or are not properly licensed or certified, this Contract shall automatically terminate. D. All necessary licenses and certificates shall be maintained throughout the Contract term. City shall have no responsibility or liability to determine the legitimacy, quality ability or good standing of any subcontractor. E. If specified in the work order, all Work must be performed using Lead Safe Work Practices, and with appropriately trained and certified staff, as defined by HUD and EPA under the Lead-safe Housing Rule and the EPA Renovation and Repair Rule. III. SECURITY AND INDENTIFICATION A. All Contractor Personnel shall be legally authorized to work in the United States of America. If requested,Contractor shall provide 1-9 forms for each individual assigned to the Contract, and documentation supporting the submission of said forms. If requested, Contractor shall provide any"No-Match" letters from the Social Security Administration. B. If requested, a complete list of the Contractor's Personnel, including driver's license and social security numbers, will be provided to City. The same information shall be provided prior to the assignment of a new employee if requested by City. C. Contractor shall issue an identification badges to Contractor Personnel identifying the worker and such identification badge shall be visibly worn at all times during the performance of Work. In addition, Contractor Personnel shall wear uniforms which identify their employer. IV. INTOXICANTS AND ILLEGAL DRUGS The use of any kind of intoxicants or illegal drugs by Contractor Personnel while performing Work or Contractor Personnel bringing intoxicants or illegal drugs onto the Work site shall constitute grounds for termination of this Contract for cause by City. V. BACKGROUND INVESTIGATIONS Attachment A: General Condition Attachment A Contractor shall perform a criminal background check on all Contractor Personnel prior to them entering a Housing Unit or performing any Work. Contractor shall ensure that no Contractor Personnel with criminal convictions, felonies or pending criminal hearings will be assigned to perform Work under this Contract. If requested, Contractor shall provide copies of background checks on Contractor Personnel. VI. DRUG SCREENING Contractor shall perform drug screenings of all Contractor Personnel and if requested, shall provide certification that all Contractor Personnel are drug free prior to their assignment. Additional drug screening may be requested by City and Contractor, at Contractor's cost shall have such testing performed. VII. INSURANCE REQUIREMENTS A. Basic Coverage Lines and Applicable Policy Limits. Insurance coverage(s)required herein are intended to respond to occurrences which may arise from services and/or goods related to this Contractor shall carry insurance in the types and amounts for the duration of this Contract as listed below, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof: 1. Commercial General Liability("CGL") Insurance $1,000,000 Each Occurrence $2,000,000 Aggregate Limit The CGL policy shall be the primary insurance with respect to any other insurance afforded the City. It shall have no exclusions or endorsements that would alter or nullify premises/operations, products/completed operations, contractual, personal injury or advertising injury which are normally contained within the policy unless City approves such exclusions in writing. 2. Automobile Liability $1,000,000 each accident on a combined single-limit basis, or $100,000 Property Damage and $250,000 Bodily injury per person and $500,000 Bodily Injury per person per occurrence. 3. Pollution Insurance $1,000,000.00 Pollution Insurance Coverage shall be a commercial business policy which provides coverage on"Any Auto",defined as any vehicle owned, hired or non-owned. Specifically,this means coverage on any vehicle used by Contractor Personnel in the course of the providing services under this Contract. 4. Workers' Compensation Insurance Statutory Limits Employer's Liability $100,000 Each accident/occurrence $100,000 Disease- each employee $500,000 Disease- policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers'Compensation Act(Art. 8308 Attachment A: General Condition 2 Attachment A — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. Note: Such insurance shall cover employees performing Work including but not limited to construction, demolition, and rehabilitation. Contractor or its subcontractors shall maintain coverages, if applicable. In the event the respective subcontractors do not maintain coverage, Contractor shall maintain the coverage on such subcontractor, if applicable, for each subcontract. 5. Contractor is responsible for providing City a 30-day notice of cancellation or non- renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. (a B. Certificates of Insurance and Endorsements effecting coverage required by this Section shall be forwarded to both of the following: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth,Texas 76102 City of Fort Worth Neighborhood Services Department, Rehabilitation/Construction Division 200 Texas St. Fort Worth,TX 76102 C. Additional Insurance Requirements 1. The City, its officers, employees and volunteers shall be named as an Additional Insured. This requirement does not apply to Workers' Compensation or Automobile policies. 2. Waiver of rights of recovery(subrogation) in favor of the City of Fort Worth. 3. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A:VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of City's Risk Management Division. If the rating is below that required, written approval of Risk Management is required. 4. If insurance policies are not written for specified coverage limits,an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 5. Unless otherwise stated, all required insurance shall be written on the occurrence basis. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the Contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for 5 years following completion of the service provided under the Contract or for the warranty period, whichever is longer. An annual certificate of insurance submitted to City shall evidence such insurance coverage. 6. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, Attachment A: General Condition 3 Attachment A and the City desires Contractor to obtain such coverage, the Contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 7. Any self-insured retention (SIR), in excess of$25,000.00, affecting required insurance coverage shall be acceptable to and approved by the City's Risk Management Division in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved by Risk Management. 8. Any deductible in excess of$5,000.00 for any policy that does not provide coverage on a first-dollar basis must be acceptable to and approved by the City's Risk Management Division. 9. City, at its sole discretion, reserves the right to review the insurance requirements of this Section during the term of the Contract and to modify insurance coverages and their limits when deemed necessary and prudent by the Risk Management Division based on economic conditions, recommendations of professional insurance advisors, changes in statutory law, court decisions, claims history of the industry as well as of the Contractor to the City of Fort Worth or other relevant factors. City shall provide 90 days prior notice of changes to these insurance requirements. 10. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the party or the underwriter on any such policies. 11. Any failure on City's part to request certificates of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. 12. In conjunction with the aforementioned requirements, Contractor must provide the same insurance coverage for any subcontractors employed within the scope of this Contract. VIII. COST FOR WORK PERFORMED Contractor will perform the Work for the cost shown on the Bid Tabs or Bid Price Worksheet (Attachment C). IX. GENERAL WARRANTY Contractor warrants that all labor and materials are of the type and grades specified in the RFP and that labor has been performed in a standard manner. Contractor shall, without cost to the property owner or to City, remedy any defect due to faulty material or workmanship and pay for all damage to other work resulting therefrom,which appear within 1 year from final payment. Contractor shall furnish to occupant all manufacturers' and suppliers' written warranties covering items furnished under this Contract prior to release of the final payment. X. COMPLIANCE WITH FEDERAL LAW A. The Project is subject to the Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act(FLSA)as supplemented by Department of Labor regulations at 29 CFR Part 5. FLSA sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. CWHSSA sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours per week. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS. Attachment A: General Condition 4 Attachment A B. The Project may be assisted in whole or in part by Community Development Block Grant ("CDBG") funds. Should the project be assisted with CDBG funds, any work orders will be subject to the following applicable federal laws including, but not limited to: - Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations"). - Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.). - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.)and its related regulations at 49 CFR Part 24. - Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.). - Title VII I of the Civil Rights Act of 1968 (42 USC 3601 et seq.). - Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60. - The Age Discrimination in Employment Act of 1967 (29 USC 621 et seq.). - The Age Discrimination Act of 1975 (42 USC 6101 et seq.). - Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.)and 24 CFR Part 8 where applicable. - The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.). - National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA")and the related authorities listed 24 CFR Part 58. - The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the CDBG funds provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. - The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees. - Drug Free Workplace Act of 1988 (41 USC 701 et seq.)and 24 CFR Part 23, Subpart F. - Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons. - Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. - Copeland "Anti-Kickback "Act(18 USC 874 et seq.)as supplemented in 29 CFR Part 5 - Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995). - Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.)and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R - EPA RULE - TELRR RULE Attachment A: General Condition 5 Attachment A Requirement that Law Be Quoted in Covered Contracts.—Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended 02 U.S.C. Sections 1701 et seg.)and its related regulations at 24 CFR Part 135 If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the United States Department of Housing and Urban Development("HUD"), Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701 u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very-low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and(2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act(25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i)preference and opportunities for training and employment shall be given to Indians, and(ii)preference in the award of Attachment A: General Condition 6 Attachment A contracts and subcontracts shall be given to Indian organizations and Indian- owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b)." Section to be quoted in covered contracts ends. City and Contractor understand and agree that, if applicable to the Project, compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Project binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. C. Work projects assigned under this contract may be assisted with Weatherization Assistance Program (WAP) funds from the U.S. Department of Energy, or Low Income Heating and Energy Assistance Program (LIHEAP) from the U.S. Department of Health and Human Services. WAP and LIHEAP are pass-through funds from the Texas Department of Housing and Community Affairs. (TDHCA). To the extent that any project assigned under this contract is funded through WAP or LIHEAP, Contractor shall comply with all applicable federal regulations as well as any applicable provisions of the Texas Administrative Code and requirements of TDHCA related to these programs. D. Contractor covenants and agrees that its officers, agents, employees and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974(42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.),and the Texas Administrative Code, and federal regulations of the Department of Energy related to WAP, and federal regulations of the Department of Health and Human Services related to LIHEAP. Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the the above-mentiond federal and state regulations. E. All information and data arising from the work performed under this Contract shall be the property of the City and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Contractor shall release and provide to City or its authorized designee all information and data related to performance under this Contract. Contractor shall not limit or attempt to limit access to information or data by the City nor shall Contractor obtain or attempt to obtain a copyright to such information or data. Contractor understands and agrees that data may be released to third parties, including but not limited to HUD at the sole discretion of City. F. In the event a patentable invention is created as part of this Contract and a patent is obtained,Contractor shall notify City of the patent and the patent shall,at the sole discretion of the City, be assigned to City upon demand. City retains all rights to intellectual property developed in the course of this Contract. G. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall, at the sole discretion of City, be assigned to City upon demand. Attachment A: General Condition 7 Attachment A H. City, HUD, DOE, DHHS, TDHCA, and the United States Comptroller General, or their respective representatives, shall have access for 4 years following the termination of this Contract to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. I. All records pertaining to Contract, including but not limited to any books, documents, and papers, shall be retained for 4 years following the termination of this Contract. Contractor may destroy Project records at the end of this 4 year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. XI. NONDISCRIMINATION A. Contractor, in the execution, performance or attempted performance of this Contract, shall comply with all non-discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III, Division 4 —Fair Housing of the City Code. Contractor may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Contractor permit its officers, agents, employees, or clients to engage in such discrimination. B. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3- Employment Practices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, agents, employees or subcontractors. C. During the performance of this Contract, Contractor agrees to the following provision, and will require that its subcontractors also comply with such provision by including it in all contracts with its subcontractors: [Contractor or Subcontractor's name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor or Subcontractor's name] will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor or Subcontractor's name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor or Subcontractor's name]will, in all solicitations or advertisements for employees placed by or on behalf of[Contractor or Subcontractor's name], state that all qualified applicants will receive consideration for employment without regard to race, color,sex, gender, religion, national origin,familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Attachment A: General Condition 8 Attachment A [Contractor or Subcontractor's name] covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Contractor or Subcontractor's name] further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. D. Contractor covenants that neither it nor any of its officers, agents, employees, or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. E. Contractor further covenants that neither it nor its officers, agents, employees, subcontractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. F. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. CONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL,STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR SUBCONTRACTORS AGAINST CITY ARISING OUT OF CONTRACTOR'S AND/OR ITS SUBCONTRACTORS' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. XII. PERFORMANCE Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. XIII. CHANGE IN COMPANY NAME OR OWNERSHIP Contractor shall notify City in writing of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized agent must sign the letter. Failure to do so may adversely impact future invoice payments. Attachment A: General Condition 9 Attachment A XIV. TERMS AND CONDITIONS The City's Standard Purchasing Terms and Conditions in Attachment D shall apply to the Contract. XV. REPAIR OF DAMAGE AND DEBRIS REMOVAL A. Contractor is responsible for repairing any damage to utility lines that may occur during the course of performing its duties under this Contract. Contractor shall repair and/or replace damaged sod, shrubbery, sidewalks, driveways, etc. that are damaged during its performance of this Contract. Sod and shrubbery must be replaced with the same type that was damaged. B. Under no circumstances shall the Contractor leave construction debris (paint chips, nails, shingles, etc.) on the property on which the Housing Unit is located. Contractor is responsible for properly disposing of these items. XVI. SUPERVISION For all assigned projects involving Lead-Based Paint Hazard Reduction, Contractor shall, during all periods of Contract performance, provide competent supervision of Contractor's employees and subcontractors by a state certified Lead Supervisor to assure complete and satisfactory fulfillment of the Work and the terms of this Contract. A Lead Supervisor must be present on the job site at all times. An exception will be allowed only if the Lead Supervisor leaves for no more than 2 hours a day and the absence is directly related to the lead hazard work being performed on the job site and the Lead Supervisor is immediately available during all Work activities. If the Lead Supervisor is required to be absent from the job site for more than 2 hours in a work day, City must be notified prior to exceeding the time limit. Failure to provide competent supervision, as determined the City, shall be an event of default under this Contract. XVII. SAFETY Contractor shall be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but not be limited to EPA regulations, City Ordinances, and Occupational Safety and Health Administration (OSHA) regulations. In addition, Contractor shall be wholly responsible for instructing its employees and subcontractors in these safety measures and seeing that they are in full compliance. XVIII. HAZARDS Contractor shall not permit the placement or use of equipment or materials in such manner as to block traffic lanes or to create safety hazards. Contractor Personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel,even to the point of interrupting the Work, if necessary. XIX. DEFECTIVE WORK AND DAMAGES A. Contractor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any Housing Unit caused by its activities at no cost to the City or occupant. Restoration and correction shall be to City's complete satisfaction in its sole discretion. This shall apply to any part of a Housing Unit, its appurtenances, the adjacent yard or grounds,or any other tangible damage incurred in the performance of the Contract. Attachment A: General Condition 10 Attachment A B. Failure by Contractor to proceed promptly with corrective actions shall be cause for termination of this Contract with amount(s) necessary to correct defective Work and/or damage being withheld from payments due or to become due to the Contract. XX. INSPECTIONS AND PERMITS Contractor shall apply for and obtain all permits prior to performing the Job Order with the City's Planning and Development Department for all Work requiring a permit. Contractor shall arrange for inspections and inform the City's Neighborhood Services Department as to the date and time of any inspection. All permits shall be billed as pass through cost with no mark-up and listed as a separate line item on invoice. Contractor must provide proper documentation with each invoice in order to support payment of cost of the permit. Failure to provide the supporting proof documentation will result in non-payment of permit expenditure. Attachment A: General Condition 11 Attachment A-1 PROGRAM-SPECIFIC CONDITIONS HOME REPAIR SERVICES I. PRIORITY REPAIR PROGRAM A. Priority Repair Program home repairs may be assisted in whole or in part by Community Development Block Grant("CDBG")funds. Should the project be assisted with CDBG funds,any work orders will be subject to the following applicable federal laws including,but not limited to: - Regulations at 24 CFR Part 570 pertaining to CDBG("CDBG Regulations"). - Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.). - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 USC 4601 et seq.)and its related regulations at 49 CFR Part 24. - Title VI of the Civil Rights Act of 1964(42 USC 2000d et seq.). - Title VIII of the Civil Rights Act of 1968(42 USC 3601 et seq.). - Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60. - The Age Discrimination in Employment Act of 1967(29 USC 621 et seq.). - The Age Discrimination Act of 1975(42 USC 6101 et seq.). - Section 504 of the Rehabilitation Act of 1973(29 USC 794 et seq.)and 24 CFR Part 8 where applicable. - The Americans with Disabilities Act of 1990(42 USC 12101 et seq.). - National Environmental Policy Act of 1969,as amended,42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58. - The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time,and Executive Order 11738. In no event shall any amount of the CDBG funds provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. - The Immigration Reform and Control Act of 1986(8 USC 1101 et seq.),specifically including the provisions requiring employer verification of the legal status of its employees. - Drug Free Workplace Act of 1988(41 USC 701 et seq.)and 24 CFR Part 23,Subpart F. - Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons. - Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible,debarred,or suspended persons or entities. - Copeland"Anti-Kickback"Act(18 USC 874 et seq.)as supplemented in 29 CFR Part 5 - Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Action(Pub.L.94A 163,89 Stat.871),(53 FR 8068,8087,Mar. 11,1988,as amended at 60 FR 19639,19642,Apr.19,1995). Attachment A-1: PROGRAM-SPECIFIC CONDITIONS Attachment A-1 Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.),as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992(42 U.S.C.4851 et seq.)and implementing regulations at 24 CFR Part 35,subparts A,B,M,and R EPA RULE TELRR RULE Requirement that Law Be Quoted in Covered Contracts.—Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended(12 U.S.C. Sections 1701 et seg.)and its related regulations at 24 CFR Part 135 If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the United States Department of Housing and Urban Development("HUD"),Section 3 of 24 CFR 135.38("Section 3")requires that the following clause,shown in italics,be inserted in all covered contracts("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968,as amended,12 U.S.C.section 1701u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3,shall to the greatest extent feasible, be directed to low-and very-low income persons,particularly persons who are recipients of HUD assistance for housing. - B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,which implement Section 3. As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers' representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprentice and training positions,the qualifications for each;and the name and location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause,upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions,including training positions that are filed.(1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. Attachment A-1: PROGRAM-SPECIFIC CONDITIONS 2 Attachment A-1 F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance,section 7(bJ of the Indian Self-Determination and Education Assistance Act(25 U.S.C.section 450e)also applies to the work to be performed under this Contract. Section 7(b)requires that to the greatest extent feasible(i) preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b)agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b)." Section to be quoted in covered contracts ends. City and Contractor understand and agree that,if applicable to the Project,compliance with the provisions of Section 3,the regulations set forth in 24 CFR Part 135,and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Project binding upon City and Contractor,and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. City will inspect all completed Work,as applicable,before payment to the Contractor is approved. I1. LEADSAFE PROGRAM B. All Work must be performed using Lead Safe Work Practices,and with appropriately trained and certified staff, as defined by HUD and EPA under the Lead-safe Housing Rule and the EPA Renovation and Repair Rule. C. Cleaning methods during and following lead hazard reduction work must follow HUD guidelines under the Lead Safe Housing Rule, to include but not be limited to, use of wet mops, High Efficiency Particulate Air(NEPA)vacuums,and other specific methods to control and eliminate lead-based paint dust and ensure passage of final clearance tests. D. LeadSafe Program work may be performed with CDBG funds,therefore all requirements cited in Section I above regarding the Priority Repair Program, are also applicable to the LeadSafe Program. E. Work must pass visual inspection and/or any applicable Lead Hazard Control clearance test as required by federal and state laws. For work performed under the Lead Hazard Reduction Program,final inspection may include inspection by the Texas Department of State Health Services, Environmental Lead Branch. F. City will inspect all completed Work,as applicable,before payment to the Contractor is approved. III. WEATHERIZATION PROGRAM A. Contractor must read and understand energy audits and weatherization program work orders. B. Permits -The Contractor must apply for and obtain all permits prior to installation of weatherization measures with the appropriate jurisdiction for all work performed under this Contract that requires a permit.The Contractor shall arrange for inspections with appropriate local inspectors. All permits shall be billed as pass through costs and listed as a separate line item on any invoices.When applicable,the Contract shall indicate the charge to be paid by City for overhead costs related to obtaining any building permit required by the work items related to the services being provided.The Contractor must provide proper documentation with each Attachment A-1: PROGRAM-SPECIFIC CONDITIONS 3 Attachment A-1 client invoice in order to support payment of a permit. Failure to provide the supporting proof of documentation will result in non-payment permit expenditure. C. Air Exchange -Using blower door guided air-sealing approaches. the Contractor must perform blower door test before submitting the unit for payment to PACSD and record a final blower door reading for each unit. The Contractor shall install weather-stripping, caulking and switch/outlet gaskets to reduce air exchange rates in eligible dwellings:and program measures designed to preserve the integrity of the home's thermal envelope, reduce appliance energy consumption,and ensure resident's health and safety. D. Contractor shall provide all labor, material, supplies,and equipment to perform the following energy conservation measures on program-eligible dwellings, which includes, without limitation,the following: a. Insulation of walls,attics,crawl space,switches,outlets,etc. b. Blower door testing and flue gas analysis c. Air bypass sealing d. Attic,basement,crawl-space,and dense-pack sidewall insulation e. Caulking and weather-stripping f. Window and door repair and replacement g. Duct leakage sealing(Using a duct blaster) h. Shell infiltration sealing(replace broken windows, replace interior/exterior doors and windows,weather stripping,caulking,etc.) I. Insulation of water heater and water heater pipes j. Attic ventilation k. Solar screens I. Minor home repairs m. Carpentry n. Health and Safety measures(testing of combustion appliances,compliance with indoor air quality standards and provision of carbon monoxide detectors). o. Compact fluorescent light bulbs p. Smoke and Carbon Monoxide Detectors q. Roofing Services(i.e.repair,installation,decking,removal) r. Repair and/or replacement of various types of energy saving windows s. Repair or remove broken glass and install new glass with glazing t. Ducts wrapped, caulking and weather-stripping applied throughout the dwelling, and various other items u. Air diagnostic testing(i.e.blower door test and duct blaster test) v. High/low combustion venting w. Floor Insulation R 19 x. Foundation underpinning-vinyl y. Mobile home modification energy measures (door repair and replacement, siding, interior vents,exhaust fans,skirts,etc.) z. Remove&Replace burglar bars aa. Repair, retrofit, and replace inefficient home heating/cooling systems,water heaters, and refrigerators bb. Service, clean, and adiust heaters, including un-vented space heaters, cook stoves, ovens,water heaters,and lower carbon monoxide levels per specifications stated in the Texas Department of Housing and Community Affairs CTDHCA") Weatherization and Mechanical Field Gu ides and A-1 OCFR440 cc. Exterior windows and doors and replacement windows and doors shall have a window unit U-value of 0.30 or less as rated by the National Fenestration Rating Council(NFRC). U-value shall be window unit and not the center of glass U-value. Skylights shall also comply with the same or equal requirements. dd. Storm Windows must meet or exceed IECCI in combination with the exterior window over which it is installed,for the applicable climate zone. Attachment A-1: PROGRAM-SPECIFIC CONDITIONS 4 Attachment A-1 ee. Materials and/or equipment purchased can be inspected by a PACSD's representative to determine conformity with the quality requirements of the call for bids. When deemed necessary. PACSD may require documentation detailing the product specifications for the purposes of determining whether the material conforms, in all aspects,to the required specifications. ff. Contractor shall be fully responsible for the removal and proper disposal of all chemicals,material equipment,units,appliances,and component parts associated with repair and/or replacement services. gg. All appliances and equipment used for retrofit, repair, and/or replacement shall be energy star rated,unless otherwise approved. hh. All weatherization measures installed must have an approved State of Texas Energy Audit savings-to-investment ration("SIR")of one or greater unless otherwise indicated as health and safety or incidental repair items.Weatherization measures installed shall begin with those having the greatest SIR(on approved State of Texas Energy Audit)and proceed in descending order to the measures with the smallest SIR Or until the maximum allowable per unit expenditures are achieved. Contractor shall weatherize eligible dwelling units using only weatherization materials which meet or exceed the standards prescribed by the United States Department of Energy("DOE") in Appendix A to Part 440 of the W AP Regulations,State of Texas adopted International Residential Code("IRC")or jurisdiction authorized by State law to adopt later editions. ii. Services performed shall meet or exceed the latest standards and procedures of the National Electrical Code, American Society of Heating. Refrigerating and Air- Conditioning Engineers,Uniform Plumbing Code,International Plumbing Code and Fuel Gas Code and Department of Energy Weatherization guidelines. E. The product of labor and skill executed and quality of materials must be in accordance with City, State, and Federal building codes and regulations and/or according to the Weatherization Installation Standards for the State of Texas.A copy of this manual may be obtained by writing the Weatherization Assistance Program, Attention: James Armstrong, Parks and Community Services Department,4200 South Freeway Suite 2200 Fort Worth,Texas 76115. F. Contractor shall arrange and schedule all work with the homeowner/occupant in accordance with City-designated orders,if applicable. G. Contractor shall provide all transportation of tools,materials,and personnel to fob sites. H. Contractor shall provide adequate,trained on-site supervision of all Services. I. Insert all WAP regulatory references here J. In addition to the training or certification requirements required by law,the Contractor and all associated crew members will be required to attend mandatory training prior to commencement of any services.The training will include,without limitation,the following: a. Lead Safe Weatherization (LSWI / Environmental-Protection Agency (EPA) requirements: b. Production Goals:and c. Material Installation Standards. K. The Contractor is responsible for maintaining and submitting necessary documents and reports as may be required by the City,in its sole discretion,on weatherization projects.The Contractor shall comply with the record keeping requirements set forth in section 440.24 of the WAP Regulations, any record keeping requirements set forth in any applicable funding agreements between the City and TDHCA (including Fort Worth City Secretary Contract Number 43428, Section 9:Record Keeping Requirements),all of which shall be incorporated herein by reference as if fully reproduced herein,and with other such additional record keeping requirements as set forth herein,including,but not limited to,the following: a. Unit Completion Form,(request for a final inspection): b. Invoice for material,labor,and total charge for each home weatherized in accordance all required standards and specifications, including, but not limited to, Billing Instructions,Number 16 of the Standard Specifications and Conditions,and a form that Attachment A-1: PROGRAM-SPECIFIC CONDITIONS rJ Attachment A-1 will be e-mailed from PACSD; c. Itemized materials invoice:and d. Building permit, when applicable, that indicates acceptance of work by the City's Planning and Development Department:these documents must be submitted with the invoices. L. Contractor shall comply with the requirements of the Environmental Protection Agency(EPA). including the Lead-Based Paint Renovation,Repair and Painting Program Rule(RRP)..Contractor must follow the requirements of the RRP Rule when performing renovation,repair,and painting programs In houses built before 1978, including using lead-safe work practices.Contractor and any subcontractors performing renovation repair,and painting projects that disturb lead-based paint in pre-1978 houses must be certified by the EPA. Contractor shall also abide by any laws, regulations or rules pertaining to lead remediation promulgated by the State of Texas or any agency thereof. M. Additional Cost for Lead Safe Weatherization (LSW). For iobs involving LSW, Contractor may charge for an additional 10%of the labor and material cost for istalling the item.The additional charge will cover the contractor for cost incurred in set-up for LSW practices. N. The Contractor is required to provide at least one valid e-mail address to which the City may send or receive the following: a. Program Correspondence b. Notification of Assignments c. Invoices d. Client Complaints e. Status Reports on Unit Completion f. Request for Inspection g. Other Critical Documents/Memos O. City will inspect all completed Work,as applicable,before payment to the Contractor is approved. IV. ACCESSIBILITY PROGRAM A. All Priority Repair requirements are applicable to the Accessibility program Attachment A-1: PROGRAM-SPECIFIC CONDITIONS 6 Attachment B: Sample Job Order Work Specification Prepared By: City of Fort Worth-Neighborhood Services Department 818 Missouri Ave. Suite 245 Fort Worth,TX 76104 (817)392-7548 Rup �ty elite Address: Owner: Phone: Structure Type: Program(s): Lead-Safe Program Square Feet: Healthy Homes Initiative Year Built: Property Value: Tax Parcel: Census Tract: Property Zone: Repairs Descrintlon _ Floor Room Exterior L1-Set up of Interior Containment Interior Containment Est.Cost:$420 EA X 1 =$420 Bid Cost: X = ase Quantity Total Cost lak L3-Set up of Exterior Containment Exterior Containment Est. Cost:$300 EA X 1 =$300 Bid Cost: _ Base Quantity Total Cost L71-Notification to State for Lead Abatement Activities Lead Abatement Activities Est. Cost:$103 EA X 1 =$103 Bid Cost: X = Base Quantity Total Cost Work Spscification-City of Fort Worth-Neighborhood Services Department 4/24/2017 1 Work Specification 40/ALL PERMITS REQUIRED Permits Required Est. Cost:$110 EA X 1 =$110 The contractor shall apply for,pay for,obtain and forward copies of the following indicated permits to the agency: Plumbing; Electric; HVAC; Building; Zoning; Lead Abatement; Asbestos Abatement, Environmental concerns. Bid Cost: X = Base Quantity Total Cost 2/REHABILITATION TECH INPUT Tech info Est. Cost:$0 EA X 1 =$0 2/REHABILITATION TECH INPUT/SPECIFICATIONS ON THIS PROJECT HAVE BEEN INPUT INTO NEIGHBORHOOD SERVICES,REHAB PRO/HAPPY SOFTWARE BY. Name Carlos Estrada Rehabilitation Technician ANY QUESTION OR CONCERNS REGARDING Yri C NTACT THE REHABILITATION TECH SIGNED ABOVE AT 817-392-7444 o K = Quantity Total Cost Lead-9768-Rake$Vacuum Play Area Side B/Drip Line Est. Cost:$1 SF X 192=$192 Rake and vacuum grass on side B of house in drip line area. 3 Feet Wide / 64 Feet Long Bid Cost X Base Quantity Total Cost Work Specification-City of Fort Worth-Neighborhood Services Department 4/24/2017 2 Work Specification L14-Wet scrape,prime,paint exterior Side A Est. Cost:$4 SF X 2739=$10956 Wall(Upper) @ 492 sf XRF#300 Comer board Right @ 6 sf XRF#301 Corner board Left @ 6 sf XRF#303 Corner board Center @ 12 sf XRF#302 Beam&Cap @ 574 sf XRF#320,321 Posts(7) @ 168 sf XRF#322 Porch Floor @ 488 RF#325 Railing(Full) @ 0 R 327 Frieze board @ f #330 Deck board @ 240 sf 1 Rafter tails @ 200 sf XRF#3 Lower wall @ 90 sf XRF#333 Upper Fascia @ 24 sf XRF#370 Upper window casing&sash @ 16 sf XRF#371 Casing&stool @ 53 sf XRF#307,308,309,310,311,312,313, 15,316,317,318 window#1.2.3.4.23 and 24.. Bid Cost: = Base Quantity Total Cost Work Specification-City of Fort Worth-Neighborhood Services Department 4/24/2017 3 Work Specification 1-54-5/16"Hardie Panel Siding 4'X8' Side A Est. Cost:$5 SF X 488=$2440 Enclose porch ceiling @ 488 sf XRF#319 Bid Cost: X Base Quantity Total Cost 1-14-Wet scrape,prime,paint exterior Side B Est.Cost:$4 SF X 1607=$6428 Wall 6sf :MIO- #334 Corner boards @ 72d Left, Right&Center Lower wall Vent @ 8 sf XRF#3 Deck board @ 198 sf XRF#367 Frieze board @ 33 sf XRF#366 Fascia @ 24 sf XRF#369 Rafter tails @ 155 sf XRF#368 Supports @I Osf XRF#372 Casing and stool @ 117 sf XRF#340 thru 365 window#5,6,7,8,9,10,11,12,13,14,15,16 and 17.. Bid Cost: X = Base Quantity Total Cost .iW s Work Specification-City of Fort Worth-Neighborhood Services Department 4/24/2017 4 Work Specification 1-14-Wet scrape,prime,paint exterior Side C Est. Cost;$4 SF X 983=$3932 Upper Wall @ 464 sf XRF#373 Corner board(Left) @ 8 sf XRF#384 Frieze board @ 8 sf XRF#365 Rafter tail @ 185 sf XRF#386 Deck board @ 2IS XRF#387 Fascia fir} #388 Support @10 Casing&stool @ 11 sf XRF window#18.. cast X = se Quantity Total Cost Work Specification-City of Fort Worth-Neighborhood Services Department 4/24/2017 5 Work Specification 11-14-Wet scrape,prime,paint exterior Side D Est.Cost:$4 SF X 1438=$5752 Support @ 20 sf XRF#393 Upper wall @ 780 sf XRF#394 Corner board(right&left) @ 14 sf XRF#395,396 Lower wall @ 54 sf XRF#405 Frieze board @ 4 XRF#406 Deck board @ 2 f RF#407 Rafter tails @ 20 8 Fascia @ 36sf XRF 0 Casing,jamb,stool @ 44 sf XRF#397 thru 404 window#19,20,21 and 22.. Bid Cost: X = Base Quantity Total Cost Work Specification-City of Fort Worth-Neighborhood Services Department 4/24/2017 6 Work Specification 1-14-Wet scrape,prime,paint exterior Kitchen,hall,foyer bed#1,utility Est. Cost:$4 SF X 1100=$4400 room,living&dining rooms Wet scrape prime and paint: Living room: baseboards,casing Kitchen:baseboards,casings,sills jambs Utility room:walls,ceiling,casings,baseboards Hallway:casings,doors, baseboards. Dining room:casings,sills,aprons,base boards Bedroom#1:baseboards,door casing ills, aw;,jambs Foyer:french doors,door casings bs, M ba Bid Cost: X — Base Quantity Total Cost AOr A& 1-70-Replace interior doorjamb 4�OQ Dining rm,hallway,bed rm#1, Est.Cost:$165 SF X 6=$990 foyer Replace interior door jambs on: 1. Dining room :Wall D(dining room to hallway) 2. Hallway :wall B(hallway to closet) 3. Hallway:wall C(hallway to bathroom) 4. Hallway:wall D(hallway to bedroom#1 ) 5. Bedroom#1 :wall A(bedroom#1 to closet) 6. 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N N O N co N ry (� d N m y c ar — ar Y ++ ++ N } J — N 81 = m cc m = L L OC) N .� _ = c = c C E C C N p n u m w u u N N c a c = D D » m c > > 3 = c c E �. a In o v 3 Y in 3 v 3 3 ai ai m = ° > j u « an d In In E E J „i m a in ;n in n fO n n LLI p q LL iA N a rr r U O i J J O J arl } Ln 'O TJ 4G hL t1 }. c ro 3 o °1 u m m o o .-1 o c � r v v a w p ; �[ o e' a' a C m +' n m R a f c c e K 3 _3 c r� o a E c e ti J W 3 3 , G J U V1 r Y Y m f° _� J}lu ur L J 3 Y Y O Y ED c ma Y � Y m � oY m m cl G W G - a. jA p p L pl •r. •. r "� - rT £J Y s[ O N t/1 �e rpt S Lr Z a G {C C [" J cz 4- 7. V3 -• Y U' in no t-1 ci ci rl � � Irrt | � I § § k k CL \ t � ) � ® 8 o \ \ R » @cnt g ƒ (U E 0 u cu - @ -0 _ k \ ( / 2 ] § 7 ko � \ _ a � a 2 k \ . § / \ G $7 r ) co mi } cuE rdmmmmIL Gi cu Q wl { Ln \ • & \ \ � \ \ J c § A2 j � � ) ) CA --L Z) / e F c , ( K k 0 0 / \ 0 A ■ 2 = - uLL LL u 3 I � } 43 � 8 ) 3 / \ \ \ ATTACHMENT D: THE CITY OF FORT WORTH TERMS AND CONDITIONS 1. Term. This Contract shall commence as of the Effective Date and shall automatically expire 1 (one) year from the Effective Date (the "Expiration Date"), if not terminated sooner or extended as described below. No Job Order shall be issued after the Expiration Date. However, any Job Order with Work still in progress, Contractor's obligation to cure or remedy defective Work, and Contractor's warranty and indemnification obligations shall survive the Expiration Date or earlier termination of this Contract. 2. Termination. a. Convenience.Either City or Contractor may terminate the Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. b. Breach.If either party commits a material breach of the Agreement,the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten(10)calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. d. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date, City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination. Upon termination of the Agreement for any reason, Contractor shall provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event Contractor has received access to City information or data as a requirement to perform services hereunder, Contractor shall Home Repairs Agreement-Attachment D Page 1 of 3 return all City provided data to City in a machine readable format or other format deemed acceptable to City. 3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws and provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County,City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. S. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 6. Indemnity. To the extent the Agreement requires City to indemnify or hold Contractor or any third party harmless from damages of any kind or character,City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 7. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable,City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 8. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect.In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 9. Addendum Controlling. If any provisions of the attached Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Addendum shall control. 10. Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Home Repairs Agreement-Attachment D Page 2 of 3 Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR,CONTRACTOR'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 11. Right to Audit. Contractor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement,have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions relating to the Agreement. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. 12. No Boycott of Israel. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Contract, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel, and(2) will not boycott Israel during the tern: of the Agreement. Home Repairs Agreement-Attachment D Page 3 of 3 M&C Review Page 1 of 4 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fad COUNCIL ACTION: Approved on 3/6/2018 DATE: 3/6/2018 REFERENCE NO.: P-12170 LOG NAME: 13P17-0500 HOME REPAIRS NS JD CODE: P TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Contracts with GTO1 Construction Corporation, Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing, G.A. Miller Enterprises, Inc. d/b/a Glenn's A/C & Heating, ES Squared, LLC, HVAC Service Pro, LLC and Jesus Garcia & Sons, Inc. d/b/a MVA AC and Heating for the Neighborhood Services Department for its Home Repair Programs in an Annual Amount of$3,773,000.00 for an Initial One-Year Term with Two One-Year Renewal Options for a Total Combined Amount of$11,319,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize contracts with GTO1 Construction Corporation, Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing, G.A. Miller Enterprises Inc. d/b/a Glenn's A/C & Heating, ES Squared LLC, HVAC Service Pro and Jesus Garcia & Sons, Inc. d/b/a MVA AC and Heating, for the Neighborhood Services Department for its home repair programs in an annual amount of$3,773,000.00 for an initial one-year term with two one-year renewal options for a total combined amount of$11,319,000.00. DISCUSSION: The Neighborhood Services Department administers a number of home repair programs that assist low income residents using a variety of state and federal grant funding sources. These programs include Priority Repair, LeadSafe, Weatherization and Household Crisis Repair. The Priority Repair Program uses Community Development Block Grant(CDBG) funds from the U.S. Department of Housing and Urban Development(HUD) to make urgently needed health and safety repairs. The LeadSafe Program uses Lead Hazard Reduction Demonstration and Healthy Homes Grant funds from HUD to remove health hazards caused by lead-based paint and to make other health and safety repairs. The Weatherization Program, which is County-wide, provides energy efficiency improvements such as Heating, Ventilation and Air Conditioning (HVAC) system replacement, insulation additions and weather-stripping installation using funds from multiple sources. These sources include the Low Income Heating and Energy Assistance Program (LIHEAP) and Department of Energy (DOE) grant funds received through the Texas Department of Housing and Community Affairs (TDHCA). The Texas Association of Community Action Agencies (TACAA) also provides the city with grant funds for weatherization. The Household Crisis Repair program uses Comprehensive Energy Assistance Program (CEAP) funds from TDHCA to do emergency repairs on HVAC systems. For clarification and detailed descriptions of the above programs, please refer to the following list of approved Mayor and Council Communication (M&C): On May 8, 2012, (M&C G-17589) the City Council adopted the Priority Repair Program to be operated by the Neighborhood Services Department; On June 10, 2014, (M&C G-18238) the City Council authorized the application and acceptance of Lead Hazard Reduction Demonstration Program funds and a Healthy Homes Supplemental grant and the execution of related contracts; http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25474&councildate=3/6/2018 4/6/2018 M&C Review Page 2 of 4 On August 1, 2017, (M&C G-19056) the City Council approved the 2017-2018 Action Plan for use of HUD grant funds, including funds for the Priority Repair Program. On November 14, 2017 (M&C C-28473) the City Council authorized the acceptance of U.S. Department of Energy Weatherization Assistance Program grant funds for 2018 and the execution of related contracts; On November 14, 2017 (M&C C-28480) the City Council authorized the acceptance CEAP funds for Household Energy Crisis, Utility Assistance and Case Management programs and the execution of related contracts; On November 14, 2017 (M&C C-28482) the City Council authorized the acceptance of grant funds for the 2018 LIHEAP and the execution of related contracts; and On December 12, 2017, (M&C C-28515) the City Council authorized the acceptance of Low-income Weatherization Program grant funds from TACAA and the execution of related contracts. The Neighborhood Services Department regularly seeks additional grant funding sources for its home repair programs. As additional funding sources become available, Staff recommends that the above contracts be amended to include the additional funds in order to ensure the most effective customer services for the home repair programs. REQUEST FOR PROPOSALS ADVERTISEMENT- Request for Proposals (RFP) 17-0500 for Home Repairs was advertised in the Fort Worth Star-Telegram on October 4, 2017, October 12, 2017, October 18, 2017, October 25, 2017 and November 1, 2017. The RFP consisted of detailed specifications describing the types of services to be provided including accessibility, plumbing, electrical, heating, air-conditioning, roofing services and carpentry services. A total of 315 vendors were solicited from the purchasing database; six responses were received. Neighborhood Services Department and Office of Business Diversity staff evaluated the submittals. The criteria for selecting the contractors consisted of cost of goods and services, qualifications, experience and capacity to perform the work. Staff recommends entering into contracts with the following six firms: GTO1 Construction Corporation (GTO), Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing (Camelot), G.A. Miller Enterprises Inc., d/b/a Glenn's A/C & Heating (Glenn's A/C), ES Squared LLC, HVAC Service Pro and Jesus Garcia & Sons, Inc., d/b/a MVA AC and Heating (MVA) for construction services for the home repair programs, each for a term of one-year with two one-year renewal options for annual amount of$3,773,000.00 per year and for a total combined amount of$11,319,000.00. In addition, an administrative change order or increase may be made by the City Manager in the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. All work will be assigned on a priority basis to the recommended contractors in the following areas. No specific amount of work was promised to the contractors. Secondary and overflow contractors will be utilized in the event the primary contractor cannot complete assigned work. • Weatherization: 1: GTO 2: HVAC Service Pro Overflow: MVA • Lead Hazard Reduction: 1: GTO 2: MVA Overflow: ES Squared, LLC • Priority Repair Program: HVAC: 1: Glenn's AC 2: GTO Overflow: HVAC Service Pro http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25474&councildate=3/6/2018 4/6/2018 M&C Review Page 3 of 4 • Plumbing: 1: GTO 2: HVAC Pro Overflow: Glenn's A/C • Electrical: 1: HVAC Service Pro 2: GTO Overflow: ES Squared, LLC • Roofing: 1: Camelot 2: GTO • Americans with Disabilities Act (ADA) Improvements: 1: GTO 2: HVAC Service Pro General Carpentry is a service that is affiliated with many of the other services provided through the listed programs. As such, there will be no primary or secondary contractor for this category as these services are a part of work to be performed in the other categories of services listed above. For those services listed that do not have an overflow contractor, there is either no need for one, or there was not a third proposal for the services. M/WBE OFFICE - G.A. Miller Enterprises, Inc., GTO1 Construction Corporation, ES Squared LLC, Jesus Garcia & Sons, Inc. d/b/a MVA AC and Heating and HVAC Service Pro are in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation. The City's MBE goal on this project is 10 percent. Additionally, G.A. Miller Enterprises, Inc., GTO Construction, ES Squared, LLC and Jesus Garcia & Sons, Inc. d/b/a MVA AC and Heating are certified M/WBE firms. Camelot Roofing is in compliance with the City's BDE Ordinance by documenting good faith effort. The home repair programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current budget of the corresponding Grant Fund, as appropriated and that prior to an expenditure being made, the Neighborhood Services Department has the responsibility to validate the availability of funds. BQN\17-0500\JD TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25474&councildate=3/6/2018 4/6/2018 M&C Review Page 4 of 4 FROM Fund Department Account Project Program Activity Budget I Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Cynthia B. Garcia (8525) ATTACHMENTS 1295 Camelot Roofing.pdf 1295 ES Squared.pdf 1295 Form GT01.pdf 1295 Glenns AC.Pdf 1295 HVAC Service Pro.pdf 1295 MVA.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25474&councildate=3/6/2018 4/6/2018 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,z.3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-308674 MVA AIC and Heating GRAND PRAIRIE,TX United States Daze Filed: 2 Name of governmental entity or state agency that is a parry to the contract for which the form is 02/01/2018 being filed. City of FT.Worth Home Repairs Program Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,a d provide a description of the services,goods,or other property to be provided under the contract. RFP 17-0500 Home Repairs Services(RFP 17-0500) Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. K 6 UNSWORN DECLARATION I My name is �' `� Lc.( � and my date of birth is r J' My address is (city) (state) (zip ode) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in f /� ( / County, State of on thday of 20 . t (month) (year) � -�n� I•l l2lT�'�- Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523