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HomeMy WebLinkAboutContract 39911-A2(aI SECRETARY SECRET R COWIRACT N SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 39911 WHEREAS, on March 10, 2010, the City of Fort Worth ("City") and Integrity Texas Construction ("Contractor") made and entered into City Secretary Contract No. 39911 (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 for a 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 Alanis, its duly authorized Assistant City Manager, and Contractor, whose address is 4712 McNutt, Haltom City, TX 76117, acting by and through Ramon Hernandez, Managing Partner 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: • CONTRACT AMENDMENT CSC NO. 39911 - A2 WAP — Integrity Texas Construction LTD. 15-11 "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 Ft WORTH, Tt Page 1 Rev. 7- II. 8. 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 perfonnning renovation, repair and painting programs in houses built before 1978 including using lead -safe work practices. Contractor and any subcontractors perfoim�iing 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." III 22. Public Liability Insurance This section is amended to be and read as follows by changing the amounts in subsection a): "INSURANCE a) The Contractor(s) shall assume all risk and liability for accidents and damages that may occur to persons or property durirT 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: • $250 000 Bodily Injury Per Person Each Accident • $500 000 Property Damage; or • $1,00,000 Combined Single Limit Each Accident iv) Pollution Insurance • $1 000,000 Each Occurrence" IV. All other teiiiis and conditions of City Secretary Contract No. 39911 not amended herein remain unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the parties. CONTRACT AMENDMENT CSC NO. 39911 - A2 WAP — Integrity Texas Construction LTD. 15-11 Page 2 Rev. 7- [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] CONTRACT AMENDMENT CSC NO. 39911 - A2 WAP — Integrity Texas Construction LTD. 15-11 Page 3 Rev. 7- IN WITNESS WHEREOF, the parties hereto have executed.three uplicate originals of this Contract Amendment in Fort Worth, Texas, this /2\ 1 day of s) 1A , 2011. T 44 itch :k 41.) ATEST` � � cp ' le��., s d C } •l. v J (( n City S ecreta M&C: C-24132 Date: , ° ion �Gu 03/10/1944.2,ttsc./ ri N � �. • � MMMM Cm APPROVED AS TO FORM AND LEGALITY: crtf..,_ LT, Assistant City Attorney STATE OF TEXAS asteattc._ TY OF FORT WORTH lanis, Assistant City Manager Integrity Texas Construction LTD By: /00d11 6 cta Managing COUNTY OF TARRANT § This instrument was acknowledged before me on by Susan C�= I (LA_ 1 G� 2011 Alanis, the Assistant City Manager ©f the City of Fort `North, on behalf of the I INDAA M. HIRRLINGER MY COMMISSION! EXPIRES Fobwary 2, 2014 '!) 1•77SYfrIZ' 'rscar [ :-L STATE OF TEXAS (Ma_ 4$cAbick,“ NOTARY PUBLIC, STATE F TEXAS COUNTY OF TARRANT § g \�� This instrument was acknowledged before me on rc/ by Noel Gallegos, Partner, Integrity Texas Construction LTD. METHODIST CARTER MY COMMISSION EXPIRES May 19, 2012 CONTRACT AMENDMENT CSC NO. 39911 - A2 WAP — Integrity Texas Construction LTD. 15-11 , 2011 NOTARY PUBLIC, STATE OF TEXAS OFFICIAL RECORD CITY SECRETARY Et WURTh, TX Page 4 Rev. 7- Page I of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/16/2009 -Ord. No. 18674-06-2009 DATE: Tuesday, June 16, 2009 REFERENCE NO.: C-23598 LOG NAME: 17ARRAWAP2009 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 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for and accept, if awarded, Weatherization 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 execute 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 $5.683_,987.00 TOTAL $13,710,235.00 3. Authorize the City Manager, or his designee,to amend, extend or renew the contracts in accordance with City policies and regulations upon mutual agreement with the Texas Department of Housing and Community Affairs; 4. Apply indirect cost rates as applicable,for the Grants Fund, in accordance with the City's Administrative Regulations; 5. Authorize a non-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 execution; and 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants 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://apps.cfwnet.org/ecouncil/printmc.asp?ld=I 1904&pnnt---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 order to meet the staff costs 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/Account/Centers FROM Fund/Account/Centers (3))GR76 220001 000200383-000 $W QUQ (3) GG01 JaN76 0000000 100 000.00 (3))GR76 220001 000200384000 $50.000.00 76 488954 01 00383000 $8.026,248.00 (2)) GR76_5 $8,026,248.00 A(V RIOUS) 017200383010 (2))GR76 488954 017200384000 $5,683.987.00 (2)) GR76 5 $5,683,987.00 (VARIOUS) 017200384010 CERTIFICATIONS: Submitted for City Manager's Office by: Thomas Higgins (6140) Originating Department Head: Jay Chapa (6192) Benedict George (7339) Additional Information Contact: Donald Cager (7313) ATTACHMENTS Y �� 1. 17ARRAWAP2009 AQ�.0oc (Public) 2. D00001.pdf (CFW Internal) http://apps.cfwnet.org/ecounciUprintmc.asp?id=l 1904&pdnt---true&DocTYpe=Print 6122/2009 M&C - Council Agenda Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/9/2010 DATE: Tuesday, March 09, 2010 REFERENCE NO.: C-24132 LOG NAME: 17WAP DOE ARRA VENDOR CONTRACT 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- year terms 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. MWBE-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 FROM Fund/Account/Centers GR76_ 539.10_017200384020 $3,545,833.00_. . GR76 53912_0 017200384020 $2,490,471.00 CERTIFICATIONS: Submitted for City_ Manager's Office by: Thomas Higgins (6192) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Joe Cordova (7332) ATTACHMENTS 1. Available funds 17WAP_DOE ARRA VENDOR CONTRACT.doc (CFW Internal) 2. MWBE Contract_Complaince Memorandum.pdf (CFW Internal) 3. Weatheriz_a_tion_Assistance_Program Services RFP 09 0207.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13203&print=true&DocType=Print 7/19/2011 A 4&0- Council Agenda Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/10/2011 - Ordinance No. 19680-05-2011 DATE: Tuesday, May 10, 2011 REFERENCE NO.: G-17272 LOG NAME: 17WAP ARRA CONTRACT AMENDEMENT 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, 2012; 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. http://apps.cfwnet.org/ecouncil/printmc.asp?id=15024&print=true&DocType=Print 5/11/2011 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 FROM Fund/Account/Centers GR76 488954 017200383000 $1,500.000.00 GR76 5(VARIOUS) 017200383010 _$_1500.000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Jay Chapa (5804) Additional Information Contact: 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