HomeMy WebLinkAboutContract 39909-A1AMENDMENT TO CITY SECRETARY
CONTRACT NO, 39909
WHEREAS, on March 09, 2010, the City of Fort Worth ("City") and Glenn's A/C and
Heating ("Contractor") made and entered into City Secretary Contract No. 39909(the
"Contract");
WHEREAS, the Contract provided payment to Contractor for weatherization services
pursuant to a grant received by City from the Texas Department of Housing and Community
Affairs ("TDHCA") under the American Recovery and Reinvestment Act;
WHEREAS, it is the mutual desire of City and Contractor to amend the Contract to meet
Contract objectives.
NOW, THEREFORE, City, whose address is 1000 Throclemorton St., Fort Worth TX
76102, acting by and through Susan Alanis, its duly authorized Assistant City Manager, and
Contractor, whose address is 4517 Miller Avenue, Fort Worth, TX 76119 acting by and through
Glenn A. Miller, its it's Owner, do hereby agree as follows:
I.
15. Other Laws This section is amended to be and read as follows by adding the
following paragraph:
"Contractor shall establish, maintain and utilize internal controls and procedures to
prevent, detect and correct incidents of waste, fraud and abuse and to provide for the
proper and effective management of all activities funded by this Contract. Any such
incidents of waste, fraud or abuse shall be promptly reported in writing to City.
Contractor may not discriminate against any employee, subcontractor or other person
who reports a violation of the terms of this Contract or any law or regulation to City,
TDHCA, or any appropriate law enforcement agency if the report is made in good faith."
II.
All other terms and conditions of City Secretary Contract No. 39909 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
jREMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
CONTRAC7AMENDMENT CSC NO. 39909
WAP —Glenn's A/C and Heating
Page 1
IN WITNESS WHEREOF, the parties hereto have executed t ee duplicate originals of
this Contract Amendment in Fort Worth, Texas, this }h day of , 201 .
ATTEST:
City Secretary
Assistant City Attorney
CITY OF
T WORTH
Assistant City Manager
Glenn's A/C�nd Heating
By:
A. Miller, Owner
n
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 1�011�Q� , 20 l`
by Susan Alanis, the Assistant City Manager of the City of Fort Worth, M behalf of the City of
Fort Worth.
NOTARY PUBLIC, STATE OF
LINDA M. HIHE?LINGER
My COMMISSION EXPIRES
February 2, 2014
C
STATE OF TEXAS §
OUNTY OF TARRANT §
This instrument was acknowledged before me onL
Glenn's
by Glenn A. Mailer, Owner of
A/C and Heati}}g.
BRENDA F. WATKINS
Notary Public, State of Texas
My Commission Expires
August 29, 2012
CONTRACT AMENDMENT CSC NO. 39909
WAP —Glenn's A!C and Heating
0
NOTARY PUBLIC, STATE OF TEXAS
i V SECRETARY
SECOND AMENDMENT TO CITY SECRETARY
CONTRACT NO, 39909
WHEREAS, on March 10, 2010, the City of Fort Worth (ty") and Glenn's A/C and
Heating ("Contractor") made and entered into City Secretary Contract No. 39909 (the
"Contract") for Weatherization Assistance Program (:"WAP") services as approved by the City
Council on March 9, 2010 in M&C C-24132 ;
WHEREAS, the Contract provided payment to Contractor for weatherization services
pursuant to a grant received by City from the Texas Department of Housing and Community
Affairs ("TDHCA") under the American Recovery and Reinvestment Act as accepted by the
City Council on June 16, 2009 in M&C C-23598;
WHEREAS, the Contract was fora 1 year term from March 9, 2010 through March 9,
2011 and provided for 2 additional 1 year extensions of the term;
WHEREAS, by mutual agreement of the parties, the Contract was extended for an
additional 1 year term from March 9, 2011 through March 8, 2012;
WHEREAS, the City Council accepted an additional grant from TDHCA for WAP grant
funds on May 10, 2011 in M&C G-17272;
WHEREAS, it is the mutual desire of City and Contractor to amend the Contract to meet
Contract objectives.
NOW, THEREFORE, City, whose address is 1000 Throckmorton St., Fort Worth TX
76102, acting by and through Susan Almus, its duly authorized Assistant City Manager, and
Contractor, whose address is 4517 Miller Avenue, Fort Worth, TX 76119, acting by and through
Glenn A. Miller, its it's Owner, do hereby agree as follows:
I.
7. Funding and Payment This section is amended to be and read as follows by amending the
second paragraph as follows:
"Not to Exceed Amount. Contractor understands and agrees that the maximum total
amount payable for the services described herein shall not exceed Two Million One
Hundred Thousand and no/100 Dollars ($2,100,000.00) unless a formal written
amendment is executed by the parties hereto."
OFFICIAL RECORD
CITY SECRETARY
ETp I�fORT�I, TX
CONTRACT AMENDMENT CSC NO: 39909 - A2
WAP —Glenn's A/C and Heating
Page 1
Rev. 7-15-11
II.
S. Lead Safe Weatherization This section is amended to be and read as follows:
"Contractor shall comply with the requirements of the Environmental Protection Agency
("EPA") including the Lead -Based Paint Renovation, Repair and Painting Program Rule
("RRP Rule"). 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 "
22. Public Liability Insurance This section is amended to be and read as follows by
changing the amounts in subsection a):
"INSURANCE
a} The Contractors) shall assume all risk and liability for accidents and damages
that may occur to persons or property during the prosecution of the work. The
Contractor(s) shall file with the Housing and Economic Development
Department, Weatherization Assistance Program of the City of Fort Worth, before
the commencement of services, a certificate of insurance documenting the
following required insurance.
i) Statutory Workers' Compensation Insurance and Employer's Liability
Insurance at the following limits
• $1,000,000 Each Accident
• $1,000,000 Disease — Policy limit
• $1,000,000 Disease — Each Employee
ii) Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
• $1,000,000 Each Occurrence
• $2,000,000 Annual Aggregate
iii) Auto Liability Insurance shall be provided as follows:
• $250,004 Bodily Injury Per Person Each Accident
• $500,000 Property Damage; or
• $1,00,000 Combined Single Limit Each Accident
iv) Pollution Insurance
• $1,400,000 Each Occurrence"
TV.
AlI other terms and conditions of City Secretary Contract No. 39909 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
CONTRACT AMENDMENT CSC NO_°.Z;9909 - A2
WAP -- Glen`ns�PJG�anc( Heat�g
Page 2
Rev. 7-15-11
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CONTRACT AMDNDMENT CSC N0399g9 - A2 Page 3
• ----:: <,:,;_:, _-.-.-,;� ,.:-:�=- -----•.- - Rev. 7-'15-11
WAP —;;gleni%s�,�A1G;ancl;i=te`atiriy
IN WITNESS WHEREOF, the parties hereto have executed three duplicate originals of
this Contract Amendment in Fort Worth, Texas, this day of _ LJ , 2011.
ATTEST: > CITY OF
C) 00 -�I By:
City Secret �►� 1' o
y Sus
M&C: C-24132 Date'
ly
APPROVED AS TO FO AND LEGALITY:
,V,,zWt -iS• 0""V
Assistant City Attorney
STATE OF TEXAS
RT
Assistant City Manager
Glenn's A/C and Heating
By:
Miller, Owner
COUNTY OF TARRANT §
This instrument was acknowledged before me on _ v�y 1 , 2011
by Susan Alanis, the Assistant City Manager of the City of Fort Wd th, on behalf of the City of
Fort Worth.,
LINDA M. HIRRLiNGER
MY COMMISSION EXPIRES
Febtua i:, 2014
NOTARY PUBLIC, STATE Off' TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on
by Glenn A. Miller, Owner of Glenn's A/C and Heatinz/o
.` BY�p��Gi BR6NDA F. WATKINS
°5* •�'^ Notary Public, State of Texas NOTARY PUB IC, S 7
i.' -
�y�• •�.My Commission Rxpires
`owel 012 OFFICIAL RECORD
CONTRACT AMENDMENT CSC NO.3.99,49 - A2 CITY SECRETARY
WAP — Glenn's A/C and Heafigg li:TORTFh TX
2011
OF TEXAS
Page 4
Rev, 7-15-11
COUNCIL•N: Approved on • 1 f • Ord. No.:. 064009
DATE: Tuesday, June 16, 2009
LOG NAME: 17ARRAWAP2009
Page 1 of 2
REFERENCE NO.: C-23598
SUBJECT:
Authorize Application for and Acceptance of Weatherization Assistance Program Grant Funds in an
Amount Not to Exceed $13,710,235.00, Authorize Related Contracts with the Texas Department of
Housing and Community Affairs, Authorize Application of indirect Cost Rates, Authorize an Interfund Loan
and Adopt Appropriation Ordinance
RECOMMEN®ATtON:
!t is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, ff awarded, Weatherizat{on Assistance Program
Grant funds in an amount not to exceed $13,710,235.00 from the Texas Department of Housing and
Community Affairs as part of the American Recovery and Reinvestment Act of 2009,
2. Authorize the City Manager to execu#e two contracts with TDHCA, as follows:
Existing Sub -recipient Network Pool $8,026,248.00
Criteria -Based Awards for Entities with Populations Exceeding 75,000 $51683)987.00
TOTAi_ $131710, 235.00
3. Authorize the City Manager, or his designee, to amend, extend or renew the contracts in accordance
with City Community as and regulations upon mutual awith the Texas Department of Housing and
Community Affairs; greement
4. Apply indirect cost rates as applicable, for the Grants Fund, in accordance with the City's Administrative
Regulations;
5. Authorize anon -interest bearing interfund loan from the General Fund to the Grants Fund in the amount
of $100,000.00 for interim financing of these grant programs pending contract execu#ion; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Gran#s Fund by $13,710,235.00 subject to receipt of the grants.
DISCUSSION:
The Texas Department of Housing and Community Affairs {TDHCA) announced the expected distribution
and use of the Weatherization Assistance Program {WAP} which the United States Department of Energy
{DOE) is providing to the State of Texas from the American Recovery and Reinvestment Act of 2009
(ARRA). Texas WAP funding under the ARRA is available both to existing WAP providers and cities
whose populations exceed 75,000 (based on the 2000 Census) as well as other participants. Both grants
under this program will serve households who qualify by income and earn no more than 200 percent of the
Federal Poverty Income Guidelines as defined by the United States Department of Health and Human
Services.
http:J/apps.cfwnet.org/ecouncil/printmc.asp?id=11904&punt=true&DocType=Print 6/22/2009
Page 2 of 2
The City has operated the WAP for low —Income residents since 1982 with grants from the TDHCA . The
City Is eligible to participate in this new program based on both its population and as an existing sub -
recipient, It is applying for both grants in order to maximize weatherization services to home owners.
Weatherization measures include attic insulation, weather-stripping, caulking, window and door repairs
and/or replacement, and other minor repairs. This program allows the expenditure of up to $6,500.00 per
house. Housing and Economic Development Department staff will target 1,500 houses. Contractors will
not be paid until their work is inspected by Housing and Economic Development Department inspectors.
Administrative costs are restricted to five percent of the grants based on the total allowable expenditures
for the WAP.
Interim financing from the General Fund is requested in orderto meet the staff casts from the date of
award of grants till the execution of the contracts.
The program is available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund. Upon execution of the grant contracts, interim funding will be
returned to the General Fund.
FUND CENTERS:
TO Fund/AccountlCenters
(3)) GR76 220001 000200383p00
(3}} GR7.6 220001 000200$84000
(2}) GR76 488954 017200383000
R)}_GR76 _5
A(V RIOUS) 017200383010
t2)) GR76 488954 017200384009
(2 G 76 5
(VARIOUS) 017200384010
FIR �Oj a We
CERTIFICATIONS:
Submitted for City Manager's Office by
Originating Department plead:
Additional Information Contact:
ATTACHMENTS
1. 17ARRAWAP2009 AO.doc (Public)
2. D00000 1.adf (CFW Internal)
FROM Fund/AccountlCenters
Thomas Higgins (6140}
Jay Chapa (6192)
Benedict George (7339)
Donald Cager (7313)
http://apes.cfwnet,org/ecounciUprintrnc,asp?id=11904&print—true&DoeType=Pant 6/22/2009
M&C -Council Agenda
• • •
Page 1 of 2
• . •' • • , •
COUNCIL ACTION: Approved on 3/9/2010
DATE: Tuesday, March 09, 2010
LOG NAME: 17WAP DOE ARRA VENDOR CONTRACT
REFERENCE NO.: C-24132
SUBJECT:
Authorize Contracts with Multiple Vendors for the Weatherization Assistance Program Grant Funds from
the American Recovery and Reinvestment Act of 2009
RECOMMENDATION:
It is recommended that the City Council:
1) Authorize the City Manager or his designee to execute one year contracts with multiple vendors for the
Weatherization Assistance Program.
2) Authorize the City Manager or his designee to extend or renew the contracts for two additional one-
yearterms contingent upon receipt of funding from the Texas Department of Housing and Community
Affairs; and
3) Authorize the City Manager or his designee to amend the contracts if necessary to acheive project
goals provided that the amendment is within the scope of the project and in compliance with City policies
and applicable laws and regulations governing the use of federal funds.
DISCUSSION:
The Weatherization Assistance Program provides for the weatherization of households to benefit the
elderly, disabled and low-income citizens in the Tarrant County service area. Typical weatherization
measures include attic, wall and floor insulation, weather-stripping, caulking, repairs to faulty doors and
windows and performing tune-ups and repairs to heating and cooling units. The maximum allowable
weatherization benefit under this grant is $6,500.00 per household.
The City was notified that it was awarded a total of $12,072,608.00 in Weatherization Assistance Program
grant funds for program services for a two year period to serve 1,500 households. These grant funds are
provided under the American Recovery and Reinvestment Act of 2009 through the Texas Department of
Housing and Community Affairs (TDHCA).
In order to spend these dollars in a timely manner, the City issued an Request For Proposals (RFP) to
solicit contractors to perform weatherization services. The RFP was advertised in the Fort Worth Star -
Telegram on October 14, 2009 and October 21, 2009. One hundred fifty-three vendors were solicited from
the purchasing database system. Nineteen responses were received and the panel selected ten vendors.
Staff recommends entering into a Weatherization Services Contract with the following vendors:
Atlas Star Energy/A Cooler House
Efficient Attic Systems d/b/a Weatherization Management Group
E3 Solutions, LLC
Diversified Building Contractors
Glenn's A/C &Heating
GTO Construction
http://apps.cfwnet.org/ecouncil/printmc. asp?id=13203 &print=true&DocType=Print 7/19/2011
M&C -Council Agenda
Page 2 of 2
`integrity Texas Construction Inc.
KB Remodeling
Standard Renewable Energy, LP
Mills Efficient Home, Inc.
Work will be assigned on a rotation basis to each vendor. At this time the total amount of the contracts
will be limited to $6,036,304.00 due to the partial funding of the grant. The remaining contract amounts will
be available contingent upon subsequent TDHCA funding.
RENEWAL OPTIONS -These contracts may be renewed for up to two additional one-year terms at the
City's option. This action does not require specific City Council approval.
M/WBE- All 10 selected vendors are in compliance with the City's MWBE Ordinance by committing to 20
percent D/MWBE participation. The City's goal for this program is 20 percent. Three of the 10 selected
vendors, Glenn's A/C &Heating, GTO Construction and Integrity Texas Construction Inc., are certified
D/M/WBEs.
The program is available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for C� Manger's Office_.•
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR76.53910 017200384020
GR76 539120 017200384020
Thomas Higgins (6192)
Jay Chapa (5804)
Joe Cordova (7332)
ATTACHMENTS
1. Available funds 17WAP DOE ARRA VENDOR CONTRACT.doc_
2. MWBE Contract Comptaince Memorandum.pdf (CFW Internal)
3. Weatherization Assistance Program Services RFP 09 0207 n�f
(CFW Internal)
(CFW Internal)
3 545 833.00
�2 490.471.00
http://apps. cfwnet. org/ecouncil/printmc. asp?id=13203 &print=true&DocType=Print 7/ 19/2011
T,;,& - Council Agenda
Fage 1 of 2
Ufl
• • 1111 lI 156111111•
COUNCLi_ ACTION: Approved on 5/10/2011 -Ordinance No. 19680-05=2011
DATE: Tuesday, May 10, 2011
LOG NAME: 17WAP ARRA CONTRACT AMENDEMENT
REFERENCE NO.: G-17272
SUBJECT:
Authorize Acceptance of an Additional $1,500,000.00 in Grant Funds for the Low Income Weatherization
Program from the Texas Department of Housing and Community Affairs, Authorize Related Contract
Amendment and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept an additional grant of $1,500,000.00 from the Texas Department
of Housing and Community Affairs for the Low Income Weatherization Program;
2. Authorize the City Manager or his designee to execute Amendment No. 1 to City Secretary Contract
No. 40820 with the Texas Department of Housing and Community Affairs to accept the additional grant
funds and extend the term of the contract to February 28, 20121
3. Authorize the City Manager or his designee to amend, extend or renew necessary contracts or other
related documents in accordance with City policies and applicable state and federal regulations upon
mutual agreement with the Texas Department of Housing and Community Affairs; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $1,500,000.00, subject to receipt of the grant.
DISCUSSION:
The City has operated the Weatherization Assistance Program (WAP} funded by grants from the Texas
Department of Housing and Community Affairs (TDHCA) since 1982. The grant program serves low-
income residents in Tarrant County, primarily the elderly and persons with disabilities, by weatherizing
their houses. Weatherization measures include attic insulation, weather-stripping, caulking, repairs to
doors, windows and other minor repairs. This program allows the expenditure of up to $6,500.00 per
house.
In 2009, the City applied for and was awarded $12,896,008.00 in WAP grant funds from the TDHCA
funded by the American Recovery and Reinvestment Act of 2009 to serve qualified households that earn
no more than 200 percent of the Federal Poverty income guideless (M&C C-23598). City Secretary
Contract No. 40820 with TDHCA for the grant was scheduled to expire on August 31, 2011. TDHCA
announced that it will amend current contracts with the City to provide additional funding of $1,500,000.00
and extend them through February 28, 2012.
Approximately 220 additional households will be targeted by the Housing and Economic Development
Department {HED) with the additional funding. Contractors will not be paid until their work is inspected by
HED inspectors. Administrative costs are restricted to five percent of the grant based on the total
allowable expenditures for the WAP.
The program is available in ALL COUNCIL DISTRICTS.
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M&C` Council Agenda
Page 2 of 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund,
FUND CENTERS:
TO Fund/Account/Centers
GR76 488954 017200383000 $1,500,000400
GR76 5(VARIOUS) 017200383010 W$1 500.000.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Susan Alanis (8180)
Jay Chapa (5804)
Joe Cordova (7332)
ATTACHMENTS
1. 17WAP ARRA CONTRACT AMENDEMENT A011 Rev.doc (Public)
2. ARRA M&C 2009 pdf (CFW Internal)
3. DOE ARRA Contract # 664 pdf (CFW Internal)
http://apps.cfwnet.org/ecounciUprintmc.asp?id=15024&print=true&DocType—Print 5/11/2011