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HomeMy WebLinkAboutContract 39911 (2)STATE OF TEXAS COUNTY OF TARRANT 1. Parties CITY SECRFT CONTRACT NO, r) 1 -1 WEATHERIZATION ASSISTANCE PROGRAM CONTRACT FOR SERVICES Between This Contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through T. M. Higgins, its duly authorized Assistant City Manager, and Integrity Texas Construction LTD ("Contractor"), by and through its duly authorized representative. Contractor's business address is: 4712 McNutt, Haltom City, TX 76117 2. Purpose The Weatherization Assistance Program is designed to help households reduce energy costs by providing energy conservation measures to the dwelling while protecting the health and safety of the client. Eligible dwellings will be assessed and an Energy Audit conducted and/or the Priority List will be used to determine the various measures to be installed by the Contractor at the each dwelling to make it energy efficient. The basic objectives of the program are: To assist the low-income families in lowering their energy consumption, and subsequently, their energy costs; Increase comfort levels, improve health, safety & well being of clients in dwellings weatherized; and Promote energy conservation 3. Term The Term of this Contract will be for a twelve (12) month period from March 9, 2010 to March 9, 2011.This Contract may be renewed/extended for two (2) additional, twelve (12) month periods subject to the availability of grant funding, vendor performance and mutual agreement by all parties, and the approval of the City. All renewals/extensions shall be based on existing terms, conditions, and price structures set forth in original proposal award or as amended by the City. 4. Incorporated Documents The following documents are incorporated by reference as if fully reproduced herein: Request for Proposal RFP No. 09-0207, hereinafter referred to as (RFP); Contractor (s) Response to RFP; Final Negotiated Cost; *If there shall be any conflict between the terms and conditions presented in the RFP and this Contract, this Contract shall control. OFFICIAL RECC CITY SECRETARY Ft WORTH, TA 5. Scope of Services Contractor shall perform the following services, including, without limitation as listed below under general requirements and scope of services The City and Contractor may modify the scope of work from time to time upon mutual written agreement between County and Contractor. General Requirements/Scope of Services and other Measures: The Contractor must read and understand energy audits and work orders generated by the City's Depth tnient of Housing and Economic Development ("HED"). The Contractor must applying 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 cost and listed as a separated line item on invoice. When applicable, the Contract shall indicate charge to be paid by City for overhead costs related to obtaining any building permit required by the work items related to services being provided. The Contractor must provide proper documentation with each client invoice in order to support payment of permit. Failure to provide the supporting proof documentation will result in non-payment permit expenditure. Using blower door guided air -sealing approaches the Contractor must perform blower door test before submitting the unit for payment to HED 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 include the following: Contractor shall provide all labor, material, supplies and equipment to perform the following energy conservation measures on program eligible dwellings that includes but is not be limited to the following: • Insulation of walls, attics, crawl space, switches, outlets, etc. • Blower door testing and flue gas analysis. • Air bypass sealing • Attic, basement, crawl -space, and dense -pack sidewall insulation • Caulking and weather-stripping • Window and door repair and replacement • Duct leakage sealing • Shell infiltration sealing (replaced broken windows, replace interior/exterior doors and windows, weather stripping, caulking, etc • Insulation of water heater and water heater pipes • Attic ventilation • Solar screens • Minor home repairs • Carpentry • Health and Safety measures (testing of combustion appliances, compliance with indoor air quality standards and provision of carbon monoxide detectors) • Compact fluorescent light bulbs • Smoke and Carbon Monoxide Detectors • Roofing Services (i.e repair installation, decking, removal) • Repair and/or replacement of various types of energy saving windows • Repair broken glass, remove broken and install new glass with glazing • Ducts wrapped, caulking and weather-stripping applied throughout the dwelling, and various • other items • Air diagnostic testing (i.e. blower door test and duct blaster test) • Kitchen cabinet, countertop and/or sink repair/replacement • Bathroom cabinet countertop, and/or sink repair/replacement • High/low combustion venting • Floor Insulation R1 1 & R19 • Foundation underpinning -vinyl • Mobile home modification energy measures (door repair and replacement, sliding, interior vents, exhaust fans, skirts, etc. • Remove & Replace burglar bars • Contractor shall repair, retrofit, and replace inefficient home heating/cooling systems, water heaters, and refrigerators. 2 • Contractor shall be able to service, clean and adjust heaters including un-vented space heaters, cook stoves, ovens, water heaters, and lower carbon —monoxide levels per specifications stated in the TDHCA Weatherization and Mechanical Field Guides and A-10CFR440. • Exterior windows and doors; 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 • Storm Windows -Must meet or exceed IECC1 in combination wish the exterior window over which it is installed, for the applicable climate zone. • Materials and/or equipment purchased can be inspected by HED representative to determine conformity with the quality requirements of the call for bids. When deemed necessary HED may require documentation detailing the product specifications for the purposes of determining whether the material conforms, in all aspects, to the required specifications the successful bidder must remedy the deficiency or the balance of the order there for may be canceled by HED • Contractor hall be fully responsible for the removal and proper disposal of all chemical material equipment, units, appliances, and components parts associated with repair and /or replacement services. • All appliances and equipment used for retrofit, repair and/or replacement shall be energy star rated, unless otherwise noted. • All energy conservation measures will be required to comply with Depat ltnent of Energy star rated, unless otherwise noted. • 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 Depat anent of Energy Weatherization guidelines Any work in excess of that specified on the Weatherization Work Order and not authorized by the City will be a disallowed cost and the Contractor will receive no compensation for that work. 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 according to the Weatherization Installation Standards for the State of Texas. A copy of this manual may be obtained by calking (817) 392-7332 or by writing the Weatherization Assistance Program, Housing and Economic Development Depat intent, 908 Monroe Street, Fort Worth, Texas 76102 HED staff will inspect all completed weatherization work before payment to the Contractor is approved. The Contractor is responsible, at his own expense for the repair or replacement of all materials or product of labor and skill executed that does not meet program standards. Such return work shall be completed within five (3) days from notification by the HED staff. The Contractor will obtain and pay for any permits that may be required for the performance of any applicable weatherization work specified on the Weatherization Work Order. The Contractor shall provide all tools required to complete all work; Provide all materials required, with materials to be in accordance with specifications shown in the Weatherization Installation Standards for the State of Texas; Arrange and schedule all work with the homeowner/occupant, in accordance with City- designated order, if applicable; Provide all transportation of tools, materials and personnel to job sites; Provide adequate, trained on -site supervision of all work; Protect homeowner's property from damage or loss during work, and maintain same in as good condition as before work started; Notify the City of Fort Worth immediately of any problems with work material delivery, or homeowner; and if any special work not shown on the Weatherization Work schedule is needed; 3 Begin work within five (3) days of work assignment; work continuously on a unit after work is started, and complete each unit in a reasonable amount of time [normally three (3) working days.] (Written time extensions may be granted if requested in writing and justified by weather, illness, accident or other unforeseen circumstances); Report only fully completed units to agency for final inspection; Take any necessary corrective action on incomplete or unsatisfactory work as determined by agency's inspection; Keep homeowners' identities and circumstances confidential; Not hire or purchase materials from any person: Who is currently an employee, agent, consultant, officer, official, or Board Member of the City of Fort Worth and who exercises or has exercised any functions or responsibilities with respect to assisted contract activities; or Who is in a position to participate in a decision- making process or gain inside information with regard to such activities, or members of their immediate families; nor shall Contractor offer or provide gratuities, or anything of monetary value to City employees, officers, or agents; Not solicit WAP Clients to perform additional work on the unit for a minimum of six months after WAP work on that unit is complete; Not bid on or perform work on unit owned or occupied by members of the Contractors' immediate family by blood or marriage relationship; The Contractor shall be courteous and considerate of residents and shall do the work with the least possible inconvenience on the part of the residents; courtesy, understanding and respect for the owner/occupant are just as much a part of the weatherization program as caulk and insulation The Contractor shall not solicit additional business from the owner/occupant while working on homes under this Contract; The Contractor shall repair, at no additional cost to the City or the owner/occupant, all surfaces damaged by the Contractor on the dwelling as a result of the weatherization work; and The Contractor shall leave the premises in at least broom clean condition. Any materials, fixtures and equipment owned by the owner/occupant, which are removed and not reinstalled shall be removed from the premises unless the owner/occupant requests that they be left. These and other materials, as well as other rubbish and debris resulting from the weatherization work shall be removed from the job site immediately after completion of work 6. Required Training In addition to the training requirements detailed in the RFP, contractors along with crew members will be required to attend a mandatory training prior to commencement of services. The training will include but not be limited to: • Lead Safe Weatherization (LSW)/Environmental-Protection Agency (EPA) requirements • Production Goals • Material Installation Standards 7. Funding and Payment There is no guarantee that a specific dollar amount will be spent or minimum purchase will be made under this Contract. 4 The City agrees to compensate Contractor for approved expenses incurred and for documented units of services performed, subject to the following limitations: Not to Exceed Amount. Contractor understands and agrees that the maximum total amount payable for the services described herein shall not exceed One Million Two Hundred Seven Thousand Two Hundred Sixty Dollars and Eight Cents ($1,207,260.80), unless a formal written amendment is executed by the parties hereto and is formally approved by the City Council. Payment to the Contractor will be made after completion of work on each house. Contractor shall submit invoices for services rendered, according to procedure outlines in the Billing Instructions, Paragraph 8 of the Standard Specifications and Conditions, and use the form in Exhibit I to submit invoices to the Housing and Economic Development Department. The Director of the Depat tinent of Housing and Economic Development Depat tuuent his or her designee shall condition all payments upon the inspection and approval of work. Payments will be made on an individual house basis after acceptance of work by the HED staff. The Contractor is responsible for maintaining and submitting necessary documents and reports as may be required by the City on Weatherization Projects. Required documents include, but are not limited to, the following documents: Unit Completion Form (request for a final inspection); Invoice for material, labor and total charge for each home weatherized; Itemized materials invoice; Building permit, when applicable, that indicates acceptance of work by Planning and Development Depat tnnent; these documents must be submitted with the invoices. Payment to the Contractor will be made within thirty (30) days after the submission of all documents according to the Billmg Instructions. The Contractor must provide the City with a written warranty that all weatherization work and materials will be free from defects for one (1) year from the date of final acceptance of the weatherization work by the Housing and Economic Development Depth (Anent Inspection of the City of Fort Worth. 8. Lead Safe Weatherization Additional Cost for Lead Safe Weatherization (LSW). For jobs involving LSW, contractor may charge for an additional 10% of the labor and material cost for installing the item The additional charge will cover the contractor for cost incurred in set-up for LSW practices. 9. Program Procedures The Contract is required to provide at least one valid e-mail address to which the City my send or receive the following: • Program Correspondence • Notification of Assignments • Invoices • Client Complaints • Status Reports on Unit Completion • Request for Inspection • Other Critical Documents/Memos 10. Reports and Audits; Liquidated Damages Contractor will cooperate fully with City in monitoring the Weatherization Assistance Program In this regard Contractor agrees to keep records sufficient to document its compliance with all applicable laws, regulations and contract teuus. 5 All records shall be retained for three (3) years following the date of termination of this Contract. City, TDHCA and the United States Comptroller General, or their representatives, shall have access 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 reasonable hours at all offices of Contractor. The City may conduct a single audit of all Contractors' operations upon demand by an independent public accountant of City's choice, in accordance with OMB Circular A-128. The types of audit documentation required from the successful Contractor(s) may include, and is not limited to: Payroll Register to verify labor charges Job costs for each property including all materials used, quantities of materials used, unit costs names of workers who assisted in the weatherization, hourly rates, and the number of hours worked for each worker Invoices from suppliers Canceled checks to verify payments to personnel and suppliers Bank statements to trace payments for material, labor and City payments Contractor covenants and agrees that, in the event an audit is conducted by City or on behalf of the City, which audit reveals any improper expenditures by Contractor, its officers, agents, servants, employees and/or subcontractors, of the funds granted hereunder and such questioned costs are disallowed and become final under the procedures of the party by whom or on whose behalf said audit is conducted, then the amount of such disallowed cost shall constitute liquidated damages for the breach of that portion of the contract audited In case such disallowed cost becomes final as herein set out Contractor agrees to pay City said sum as liquidated damages for Contractor's failure to perform duties bear the liabilities and fulfill the obligations imposed upon it by this Contract, and City agrees to accept and take said cash payment as its total damages and relief hereunder in such event. The parties hereto agree that City s actual damages, in the event of a default by Contractor, would be difficult to ascertain and the parties, therefore agree that such amount as shall be determined by said final disallowed cost is to each of them, reasonable as liquidated damages. 11. Applicable Laws Federal Contractor agrees to comply with the following laws and the regulations issued there under as they are currently written or are hereafter amended during the performance of this Contract: 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 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) The Age Discrimination in Employment Act of 1975 (42 USC 6101 et seq) Section 504 of the Rehabilitation Act of 1973 (29 USC 794) Immigration Reform and Control Act of 1986 (Pub L 99-603, 100 Stat. 3359, as amended), specifically including the provisions requiring employer verification of the legal worker status of its employees The Davis -Bacon Act (sec. 1-7, 46 Stat. 1949, as amended; Pub. L.74-403, 40 U.S.C. 276a-276a-7) Copeland Act (40 U.S.C. 276c) The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332) National Housing Act (sec. 212 added to c. 847, 48 Stat. 1246, by sec. 14, 53 Stat. 807, 12 U.S.C. 1715c and repeatedly amended) Housing Act of 1950 (college housing) (amended by Housing Act of 1959 to add labor provisions, 73 Stat. 681; 12 U.S C. 1749a(f)) Housing Act of 1959 (sec 401(f) of the Housing Act of 1950 as amended by Pub. L 86-372, 73 Stat. 681; 12 U.S.C. 1701q(c)(3)). The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) Contractor, in the operation of its program, will also comply with Office of Management and Budget Circular A087 and attachments and revision thereto; regarding principles for determining costs for TDHCA- funded programs. 6 Clean Air Act (42 USC 1857 [h]), Sec. 306 Clean Water Act (33 USC 1368) Sec. 508 Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR, Part 15). These Sections prohibit the use of facilities included on the EPA List of Violation Facilities in the Performance of the contract, or if a facility has been convicted of violation of either the Clean Air Act or Clean Water Act. Contractor shall report any violations to City. Energy Policy and Conservation Act (PL 94-163, as amended). Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State of Texas Energy Conservation Plan issued in compliance with the Act. 12. Davis Bacon Act The Contractor is required to adhere to the general provision so set forth in the Davis Bacon Act CLAUSE XX DAVIS BACON ACT REQUIREMENTS as defined in Exhibit A. Contactor is required to adhere to the wage determinations as set forth in the approved DOL Wage Determination as defined in see Exhibit B. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are hereby incorporated by reference in the Award, Subaward, or Contract 13. Copeland "Anti -Kickback" Act (18 USC 874), as supplemented by Department of Labor Regulations (29 CFR Part 3) This Act provides that each Contractor shall be prohibited from inducing by any means, and person employed in the Construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 14. Environmental Act The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), particularly sections 106 (16 U.S.0 470 and 470h-2) will be considered for all properties receiving services under this Contract. 15. Other Laws Contractor and covenants agrees that its officers, members, agents, employees, or subcontractors, shall abide by and comply with all other laws, federal state and local, relevant to the performance of this Contract, including all ordinances, rules and regulation of the City of Fort Worth. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the TDHCA Grant under which funds are granted and that it will fully comply with same. It is agreed and understood that if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees or subcontractors, then Contractor shall immediately desist from and cease such violation Contractor agrees to use its best efforts to giving women -owned business concerns, small and disadvantaged business concerns and labor surplus area business concerns the maximum practicable opportunity to participate in subcontracts it awards, to the fullest extent consistent with the efficient performance of its contract. 16. Prohibition against Discrimination Generally Contractor, in the execution performance or attempted performance of this Contract, will not discriminate against any person or persons because of sex race, religion, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination 7 Employment During the performance of this Contract, Contractor agrees, and will require all of its subcontractors to agree, as follows: Contractor will not discriminate against any employee or applicant for employment because of race, color, religion sex or national origin. Contractor will take affiuuative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin Such action shall include, but not 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 agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race color, rehgion, sex or national origin. Age In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers members, agents, employees, program participants 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 a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, 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. Disability In accordance with provision of the Americans With Disabilities Act of 1990 (` ADA"), Contract 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 employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provision 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 agamst 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. 17. Prohibition against Interest No member, officer or employee of City or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. No office, employee, member or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect in this Contract or the monies transferred hereunder or be financially interested directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this Contract voidable by the City of Fort Worth. 8 18. Subcontracting and Non -Assignment Contractor will not assign or subcontract any or all of its rights or responsibilities under this Contract without the prior written approval of the City. Any purported assignment without such approval will be a breach of this Contract and void in all respects. The Contractor shall not subcontract more than Fifty percent (50%) of the work to be performed pursuant to this Contract without the prior written approval of the City. 19. Independent Contractor Contractor shall operate 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, members, agents, servants, employees, subcontractors, program participants, licensees or invitees. The doctrine of respondent superior shall not apply as between City and Contractor its officers, members, agents, servants, employees, subcontractors program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agents, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of City and that City odes not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers members agents, employees subcontractors, program participants licensees or invitees. City shall in no way nor under any circumstance be responsible for any property belonging to Contractor its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged, and Contractor hereby indemnified and holds hauuless City and its officers, agents, and employees from and against any and all claims or suits. 20. Indemnity Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against 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 the execution, performance, attempted performance or non performance of this Contract and/or the operations, activities and services of the programs described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, Contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and 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 the execution, performance, attempted performance or nonperformance of this Contract and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, Contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out of or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, Contractors or subcontractors of City. 21. Waiver of Immunity If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 9 22. Public Liability Insurance Contractor shall furnish a certificate of insurance as proof that it has secured and paid for policies of public liability and automobile liability insurance covering all risks incident to or in connection with the execution performance, attempted performance or nonperformance of this Contract in the following amounts: INSURANCE a) The Contractor(s) 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 Depai talent of Housing and Economic Development, 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 • $100,000 Each Accident • $500,000 Disease — Policy limit • $100,000 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 • $250,000 Property Damage; or • $500,000 Combined Single Limit Each Accident iv) Pollution Insurance • $1,000,000 Each Occurrence ADDITIONAL INSURANCE INFORMATION i) The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor(s) insurance policies excepting employer's liability insurance coverage under Contractor(s) workers' compensation insurance policy. ii) Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. iii) Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage A ten days notice shall be acceptable in the event of non-payment of premium. iv) Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of As VII or equivalent measure of financial strength and solvency. v) Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. vi) Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups The City must approve in writing any alternative coverage. vii) Workers compensation insurance policy(s) covering employees of the Contractor(s) shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. Contractor agrees to require its subcontractors to carry adequate Workers' Compensation Insurance in the amounts required by State law viii) City shall not be responsible for the direct payment of insurance premium costs for Contractor(s) insurance. 10 ix) Contractor(s) insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. x) While the Contract is in effect, Contractor shall report, in a timely manner, to the Department of Housing and Economic Development any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. xi) Contractor(s) liability shall not be limited to the specified amounts of insurance required herein. xii) Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 23. Termination City may terminate this Contract whenever such termination is determined to be in the best interest of City, in event of Contractor's default inability, or failure to perform or to comply with any of the teems herein, or for other good cause, including substandard work. Substandard work shall be defined as material or workmanship deviating from or falling short of standard as prescribed by Appendix A- Standards for Weatherization Materials, published in Title 16, Code of Federal Regulation, or the State of Texas Weatherization Standards Manual. Termination may occur if the quality and quantity of work is determined to be substandard. Once this determination has been made, Contractor will be notified and will be given thirty (30) days in which to improve its performance, after which time this Contract may be either continued or terminated, at the sole discretion of City. Termination will be effected by written notice to Contractor, specifying the portions of the contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: Stop work under the contract on the date and to the extent specified by City; Cease expenditures of TDHCA monies, except as necessary for completion of portions of the contract not terminated: and Terminate all orders and contracts to the extent that they relate to terminated portions of the contract. Contractor will return to City any unused monies previously distributed under this Contract within thirty (30) days of the effective date of contract termination. 24. Changes and Amendments to Law; Automatic Incorporation Any change in the teens of this Contract which is 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 change in the terms of this Contract shall be by amendment hereto in writing and executed by both parties to this Contract. 25. Political Activity and Lobbying No funds provided under this Contract may be used to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, nor to lobby state or local elected officials. No federal appropriated funds may be paid, by or on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. 11 26. Legal Authority Contractor represents that it possesses the practical ability and the legal authority, to enter into this Contract, receive and manage the funds authorized by this Contract, and to perform the services Contractor has obligated itself to perform under this Contract The person signing this Contract on behalf of Contractor hereby warrants that he/she has been authorized by Contractor to execute this Contract on behalf of Contractor and to bind Contractor to all terms herein set forth. Depth tment shall have the right to suspend or terminate this Contract if there is a dispute as to the legal authority of either Contractor or the person signing this Contract to enter into this Contract or to render performances hereunder. Contractor is liable to Depat tinent for any money it has received from Depth tinent. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Contract, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement between the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereto shall be void Any amendments to the terms of this Contract must be in writing and must be approved by City. 27. 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 must not be employed in the interpretation of this Contract or any amendments or exhibits hereto. 28. Severability The provisions of this Contract are severable, and if any word, phrase clause, sentence, paragraph, section or other part of this Contract or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Contract and the application of such word, phrase clause, sentence paragraph, section, or other part of this Contract to other persons or circumstances shall not be affected thereby and this Contract shall be construed as if such invalid or unconstitutional portion had never been contained therein. [SIGNATURES APPEAR ON FOLLOWING PAGE] 12 IN WITNESS WHEREOF, the Parties hereto hav xecuted three copies of this Contract in Fort Worth, Tarrant County, Texas, this ,' =' day offfU,1/UJL--, 20 1 . CITY OF FORT WORTH By: Assistant City Manager Recommended by: Jesus Chapa, Director Department of Housing & Economic Development Approved as to Form and Legality: Amy J. Ram Assistant City Attorney ST: 4.55F Secretary Authorization: � � `I 3 ta Date: kj)20t0 • • By: T. M. Higgins amon H andez Title: Manag'ng Partner CONTRACTOR /zof 3/a8o Date i• Op eqi ocev4i Otto 0 0 004;e0 •Z? % 0 Q witi �0 0 o�- 4 St, 13 EXHIBIT A Template: FA -Special Terms and Conditions 8-20-2009 FINAL (APPROVED BY DOL) FA-TC-0050 Prescription: inciucie for ARRA Awards when WAGE RATE REQUIREMENTS UNDER SECTION 160E OF THE AMERICAN RECOVERY AND REINVESTMENT ACT i'RECOVERv ACT") Clauses are required. CLAUSE XX. DAVIS BACON ACT REQUIREMENTS A. Definitions. For purposes of this Clause, Clause XX, Contract Work Hours and Safety Standards Act and Clause XX, Recipient Functions, the following definitions are applicable: (1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requirement to comply with the labor standards clauses and wage rate requirements of the. Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed by Subrecipients Contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act. (2) "Construction, alteration or repair" means all types of work done by laborers and mechanics employed by the Subrecipient, construction contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation — (a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off -site; (b) Painting and decorating; or (c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work. (3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of property and services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall include subcontracts and lower- tier subcontracts under the Contract. (4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is responsible for the bus ness management and non -program aspects of the financial assistance process- (5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall include subcontractors and lower -tier subcontractors. (6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a grant directly from the Federal Government. The term includes the State that receives an Award from DOE and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program andAward. (7) "Site of the work" — (a) Means-- (i) The physical place or places where the construction called for in the Award, Subaward, or Contract will remain when work on it is completed; and (ii) Any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the performance of the project; (b) Except as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants, mobile factories batch plants, borrow pits, job headquarters, tool yards, etc., provided— (1) They are dedicated exclusively, or nearly so, to performance of the project; and (2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(i) or (7)(a)(ii) of this definition; and (c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants borrow pits, Job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the project site as defined in paragraphs (7)(a)(i) or (7)(a)(ii) of this definition, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of an Award, Subaward, or Contract. (8) Subaward means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subreapient or by a Subrecipient to a lower- tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient s procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of "Award" above. (9) subrecipient means a non -Federal entity that expends Federal awards received from a pass -through entity [Recipient] to carry out a Federal program, but does not include an individual that is a beneficiary of such a program The term includes a Community Action Agency (CAA), local agency, or other entity to which a Subaward under the Award is made by a Recipient that includes a requirement to comply with the labor standards clauses and wage rate requirements of the DBA work performed by all laborers and mechanics employed by contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant of the Recovery Act. B. Davis -Bacon Act (1)(a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)) the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached to the Subaward or Contract and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Recipient, a Subrecipient, or Contractor and such laborers and mechanics. (i) Applicable to Recipient Only: Prior to the issuance of the Subaward or Contract, the Recipient shall notify the Contracting Officer of the site of the work in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (ii) If the Subaward or Contract is or has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the DBA on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to the provisions of paragraph B(4) below; also regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. (c) Such laborers and mechanics shall be paid not Tess than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. (d) The wage determination (including any additional classifications and wage rates conformed under paragraph B(2) of this Clause) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Subrecipient and Contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2)(a) The Contracting Qfficer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Subaward or 3 Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met. (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the classification (if known), or their representatives agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be employed in the classification, or their representatives, do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (d) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs B(2)(b) or B(2)(c) of this Clause shall be paid to all workers performing work in the classification under the Award, Subaward, or Contract from the first day on which work is performed in the classification. 4 (3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Subrecipient and Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Subreapient or Contractor does not make payments to a trustee or other third person, the Subrecipient or Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the Subreapient or Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. C. Rates of Wages (1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are included as an attachment to the Award, Subaward, or Contract. (2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor D. Payrolls and Basic Records (1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (4) of the provision entitled Davis -Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Subrecipient or Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Subreapient or Contractor employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and 5 certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2)(a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Recipient The Recipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph D(1) of this Clause, except that the full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH 347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. (b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The Subrecipient is responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients and Contractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. The Recipient shall also obtain and provide the full social security number and current address of each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its own records, without weekly submission to the Contracting Officer. (c) Each payroll submitted shalt be accompanied by a "Statement of Compliance," signed by the Recipient, Subrecipient or Contractor or his or her agent who pays or supervises the payment of the persons employed under the Subaward or Contract and shall certify -- (i) That the payroll for the payroll period contains the information required to be maintained under paragraph D(2)(a) of this Clause, the appropriate information is being maintained under paragraph D(1) of this Clause, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Subaward or Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and 6 (iii) That each laborer or mechanic has been paid .not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Subaward or Contract. (d) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph D(2)(c) of this Clause. (e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (3) The Recipient, Subrecipient, or Contractor shall make the records required under paragraph D(1) of this Clause available for inspection, copying, or transcription by the Contracting Officer authorized representatives of the Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shall permit the Contracting Officer, authorized representatives of the Contracting. Officer or the Department of Labor to interview employees during working hours on the job. If the Recipient, Subrecipient, or Contractor fails to submit the required records or to make them available, the Contracting Officer may, after written n otice to the Recipient, Subrecipient, or Contractor take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12 E. Withholding of Funds (1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other contract or Federal Award with the same Recipient, o n this or any other federally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Recipient so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper employed or working on the site of the work, all or part of the wages required by the Award or Subaward o r a Contract, the Contracting Officer may, after written notice to the Recipient take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Subrecipient or Contractor the full amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic, 7 including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipient or Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased or the Government may cause the suspension of arty further payment under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Subrecipient or Contractor. F. Apprentices and Trainees (1) Apprentices. (a) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed— (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration Office of Apprenticeship and Training, Employer and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. (b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered program. (c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph F(1) of this Clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (d) Where a Subrecipient or Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman s hourly rate) specified in the Subrecipient's or Contractor's registered program shalt be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (e) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fringe benefits, 8 apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees, (a) Except as provided in 29 CFR 5.16 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval evidenced by formal certification by (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (b) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship/training program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. (c) In the event OATELS withdraws approval of a training program, the Subrecipient or Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this Clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. G. Compliance with Copeland Act Requirements The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby incorporated by reference in the Award, Subaward or Contract. H. Subawards and Contracts 9 (1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled "Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may require. The Recipient shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirements contained in this Clause The Subrecipient shall be responsible for the compliance by Contractor with all of the requirements contained in this Clause (2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Subaward and Contract for construction within the United States, including the Subrecipient's and Contractor's signed and dated acknowledgment that this Clause) has been included in the Subaward and any Contracts. The SF 1413 is available from the Contracting Officer or at http://contacts.gsa.gov/webforms.nsf/0/7084872 D16EE95A785256A26004F7EA8/$file/sf1413_e.pd f . Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall deliver to the Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Contract and lower -tier subcontract for construction within the United States, including the Contractor and lower- tier subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and lower- tier subcontracts. SF 1413 is available from the Contracting Officer or at http //contacts gsa.gov/webforms.nsf/0/70B4872D16EE95A785256A26004F7EA8/$file/sf1413_e.pd f. The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF) 1413. 1. Contract Termination -- Debarment A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a Contractor or subcontractor as provided in 29 CFR 5.12. J. Compliance with Davis -Bacon and Related Act Regulations All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in the Award Subaward or Contract. K. Disputes Concerning Labor Standards The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements Such disputes shall be resolved in accordance with those procedures and shall not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract. Disputes within the meaning of this Clause include disputes between the Recipient, Subrecipient (including any Contractor) and the Department of Energy, the U.S. Department of Labor, or the employees or their representatives. L. Certification of Eligibility. (1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor, respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient, Subrecipient, or Contractor s firm, is a person, entity, or firm ineligible 10 to be awarded Government contracts or Government awards by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for award of a Government contract or Government award by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. M. Approval of Wage Rates All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under an Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davis -Bacon Act minimum wage determination included in the Award, Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the Recipient or Subrecipient. If the Government refuses to authorize the use of the overtime, the Subrecipient or Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked. Clause XXX. Contract Work Hours and Safety Standards Act This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)' shall apply to any Subaward or Contract in an amount in excess of $100,000. As used in this CWHSSA Clause, the terms laborers and mechanics include watchmen and guards. A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph B herein, the Subrecipient or Contractor responsible therefor shall be liable for the unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States (in the case of work done under a Subaward or Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provision set forth in CWSSHA paragraph A, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages. II (1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipient on any other federally -assisted Award or contract subject to the CWHSSA, which is held by the same Recipient such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages and liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this Clause (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause from any moneys payable on account of work performed by the Subrecrpient or Contractor on this or any other federally assisted subaward or contract subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as provided in clause set forth in CWHSSA paragraph B of this Clause D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall insert in any lower tier subcontracts, the clauses set forth in these CWHSSA paragraphs (A) through (D) and also a provision requiring the Contractors to include this CWHSSA Clause in any lower tier subcontracts. The Recipient shall be responsible for compliance by any Subrecipient or Contractor, with the CWHSSA paragraphs A through D. The Subrecipient shall be responsible for compliance by any Contractor (including lower- tier subcontractors). E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with Clause XX Davis- Bacon Act Requirements, for all laborers and mechanics including guards and watchmen working on the Subaward or Contracts. These records are subject to the requirements set forth in Clause XX, Davis Bacon Requirements. Clause XXXX. RECIPIENT FUNCTIONS (1) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions: (a) Obtain, maintain, and monitor all DBA certified payroll records submitted by the Subrecipients and Contractors at any tier under this Award- (b) Review all DBA certified payroll records for compliance with DBA requirements, including applicable DOL wage determinations; (c) Notify DOE of any non-compliance with DBA requirements by Subrecipients or Contractors at any tier, including any non -compliances identified as the result of reviews performed pursuant to paragraph (b) above; 12 (d) Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA non-compliance issues cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant information to DOE; (e) Provide DOE with detailed information regarding the resolution of any DBA non- compliance issues; (f) Perform services in support of DOE investigations of complaints filed regarding noncompliance by Subrecipients and Contractors with DBA requirements; (g) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA requirements and as requested by the Contracting Officer; and (h) Provide copies of all records upon request by DOE or DOL in a timely manner. (2) All records maintained on behalf of the DOE in accordance with paragraph (1) above are federal government (DOE) owned records. DOE or an authorized representative shall be granted access to the records at all times. (3) In the event of, and in response to any Freedom of Information Act 5 U.S.C. 552, requests submitted to DOE, Recipient shall provide such records to DOE within 5 business days of receipt of a request from DOE. 13 S2009-TX-001 Issue Date: 12/ 11/2009 Exp. Date: 03/05/2010 EXHIBIT B TEXAS RESIDENTIAL WEATHERIZATION WAGE DETERMINATION This project wage determination is issued in response to a request from the Department of Energy (DOE) for prevailing wage rates specific to weatherization of residential structures as those structures are defined in the All Agency Memorandum 130 and 131. This wage determination has application only to weatherization construction projects on existing residential structures as described in the SF 308 submitted by DOE. The ptimary purpose of the project for which this wage determination is being issued is weatherization and is not for the renovation, repair, or new construction of residential structures. All other types of residential construction projects are subject to the published general residential wage determinations for the State of Texas found on www.wdol.eov. General weatherization work for purposes of this wage determination is defined as minor repairs, ban insulation, blown insulation, window and door repair, and weather stripping, solar film installation, air sealing, caulking, minor or incidental structural repairs, duct sealing, air sealing, installation of light bulbs, and installation of smoke detectors. In Texas, the Department's recent survey determined as a matter of prevailing practice that these duties are performed by a weatherization worker classification. Additionally, specialty weatherization work is defined as the (1) replacement of doors and windows; (2) installation and repair of furnace/cooling (HVAC) systems and all associated work involved with the installation of the HVAC system including electrical, pipe, and duct work. In Texas, the Department's recent survey determined that the duties described by (1) above are performed by a Window and Door Replacement Worker, and by (2) above are performed by an HVAC worker. Wage payment data submitted for the State of Texas included wage data information for a weatherization crew chief classification. This classification of worker is essentially a working foreman who performs the same tasks as the weatherization worker, but who is responsible for supervision, job oversight, forms completion, work assignments, and quality assurance. The additional duties are not "laborer or mechanic" work as defined by the Davis -Bacon and related Acts regulations, but are more supervisory in nature. The Department issues various classifications of workers when the duties are defined and distinct from all other classifications of workers on the wage determination. The "laborer or mechanic" duties of the crew chief are not sufficiently distinct to warrant the issuance of a separate classification on the wage determination. Moreover, the Department does not issue separate wage determinations based on a worker's skill, experience or individual training. Therefore, the weatherization crew chief is not listed as a separate classification of worker. The weatherization crew chief must be classified as a weatherization worker and paid at least the applicable wage determination rate of the weatherization worker when performing weatherization work. There is no restriction however to paying the weatherization crew chief more than the weatherization worker wage rate listed on the wage determination. The rates listed on this wage determination are the minimum rates that may be paid the listed classification for the work performed. Wage rates are based strictly on work performed and are not based on the employee's level of experience, seniority, ability, etc. There are no levels of rates for this work. Workers performing the work described are due at least the minimum rates listed. 1 S2009-TX-00 1 Issue Date: 12/11/2009 Exp. Date: 03/05/2010 The following is a key to the chart below. Each county in the state is listed in alphabetical order on the far left side of the chart. There are two main columns separated by a bold line with the left column labeled Weatherization Survey Waee Determination and the right column labeled Existing Residential Wage Determination. The three classifications listed under the Weatherization Survey Wage Determination column are the classifications and rates determined to be prevailing for weatherization work and are based on wage data submitted in response to the weatherization survey. Weatherization work, as well as the specific duties that may be performed by these three classifications, is defined on this project decision. The rate information under each classification is the basic hourly rate and fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed under the classification column, usually the HVAC Worker, then there was no data or insufficient data from which to establish a rate and/or fringe benefit for that classification. if the work performed by that classification is needed for the project, then an additional classification request (conformance) must be made. NOTE: Classifications and rates listed under the Existing Residential Wage Determination Column may not be used for unlisted classifications/work in the Weatherization Survey Wage Determination column. See below for the procedure for requesting additional classifications and the form to request these classifications. The classifications listed under the Existing Residential Wage Determination column are those classifications and rates currently published as prevailing on the residential general wage determinations. These wage determinations may be found at www. weal w. The classifications and rates listed under the Existing Residential Wage Determination column may be used on weatherization projects only in those situauons where the work is different than that described for the three classifications listed under the Weatherization Survey Column. For example, when an electrician is needed to perform electrical work not associated with the installation, repair, or overhaul of furnace or cooling equipment, then the existing electrician classification and rate listed under this column may be used for that work. The rate information under each classification is the basic hourly rate and a fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed under the classification column, then there was no data or insufficient data from which to establish a rate and/or fringe benefit for that classification, if that unlisted classification is needed for the project, then a request for an additional classification (conformance) should be made. See below for the procedure for requesting additional classifications and the form to request these classifications. Any unlisted classifications and rates (conformances) needed for work not listed on the chart below may be added after award only as provided in the laborstandards contract clauses (29CFR 5.5 (a) (1) (ii)). The procedure for requesting approval of an unlisted classification and rate (conformance) es well as a "pdf' copy of the form (SF Form 1444) may be found at http.//www,dolegov/esa/whd/recovery/. The SF Form 1444 may be sent to the Department electronically, by facsimile, or by mail Electronic submissions should be sent to 09WeatherizatlonSurvey(OdoLEov. Facsimile submissions should be sent to (202) 693-1432. Mailed forms should be sent to the address listed in Block 1 of the SF Form 1414. Any SF Form 1444 submitted for weatherization projects should be marked as being for weatherization projects and the project decision being used for the project should also be submitted with the SF Form 1444. S2009-TX-001 Issue Date: 12/11/2009 Exp. Date 03/05/2010 Counties Weatherization Survey Wage Determination (S2009-TX-001) Weatherization Worker Doors & Windows Replacement Worker HVAC, Furnace, Heating & Cooling Repair, installation, Replacement Worker Existing Residential Wage Determination (www.wdol.gov) Electrician Carpenter (Excludes electrical (Excludes Door work associated & Window with HVAC Replacement, installation, and work listed overhaul, and work as performed by listed as performed weatherization by weatherization worker) worker) Plumber (Excludes work associated with HVAC installation, repair or overhaul and work listed as performed by weatherization worker) Weatherization Survey Wage Determination (S2009-TX-001) Existing Residential Wage Determination (www.wdoi.gov) Electrician (Description of Work, Page 3) Plumber (Description of Work, 3) Counties Weatherization Worker Doors & Windows Replacement Worker HVAC, Furnace, Heating & Cooling Repair, Installation, Replacement Worker Carpenter (Description of Work, Page 3) Schackieford $12.00+.46 $12.00+0.46 $12.00 $11.26 $15.99 .Page $20,00 Schleicher $12,00+.46 $12.00+0.46 $12.00 $11.26 $15.99 $20.00 Scurry $10.00 $11,00 $12.00 $11.26 $15.99 $20.00 Shelby $12.00+.46 $12.00+0.46 $12.00 $11,26 $15.99 $20.00 Sherman $15.63 $15.63 $19.75 $11.26 $15.99 $20.00 Smith $12.50 $12,50 $15.00+.29 $12.92 $15.99 $20.00 Somervell $12.00+.46 $12.00+0.46 $12.00 $8.25 $15.99 $20.00 Starr $8.84+.54 $10.00 $10.50 $8.00 $8.50 $7.875 Stephens $11.09+.31 $10,75 $13,00+0.25 $10.86 $15.99 $20.00 Sterling $12.00+.46 $12.00+0.46 $12,00 $11.26 $15.99 $20.00 Stonewall $10.00 $10.00 $13.00+0.25 $11.26 $15,99 $20.00 Sutton $10,00 $11,00 $10.50 $11,26 $15.99 $20.00 Swisher $15.63 $15.63 $18.75 $11.26 $15.99 $20.00 Tarrant $14.31 $14.31 $13.00 $8.25 $15.99 $20.00 18 ACORD PRODUCER CERTIFICATEOF LIABILITY INSURANCE Legacy Insurance Partners 3740 N. Josey Lane #102 Carrollton, TX, 75007 972-999-9090 INSURED Integrity Texas Construction 4712 Mcnutt Street Haltom City , TX, 76117 1 COVERAGES j DATE _ 103/08/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . INSURERS AFFORDING COVERAGE INSURERAEverest Indemnity NAIC # INSURERS American Mercury INSURERcPraetorian Insurance Company INSURERD: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR LTR . ....__... _ — ---- - POUGYNUMBER -P01 ICY DATE(MM/DD/YY) FFFFCTIVE POI ICYFXPIRATION DATE(MM/DD/YY) . LIMITS GENERALLIABIUTY EACH OCCURRENCE $1'000,000 X COMMERCIAL GENERALLIABILITY EF4ML01675091 09/11/2009 09/11/2010 FIREDAMAGE (Any one fire) $50,000 A __ CLAIMS MADE X OCCUR MED EXP (Any one person) $5 000 PERSONALS ACV INJURY $1 000,000 GENERALAGGREGATE $2,OOO1000 GEM_ AGGREGATELIMIT APPLIESPER: PRODUCTS* COMP/OPAGG $1,000,000 X POLICY JECT RG LOC AUTOMOBILE UABILITY SINGLE LIMIT X_ ANY AUTO BAP4505678 11/15/2009 11/15/2010 (aaccide0) $500,000 ALL OWNEDAUTOS SCHEDULEDAUTOS BODILY INJURY (Per person) $ X HIRED AUTOS BODILY INJURY X NON•OWNEDAUTOS (Per accident) $ PROPERTYDAMAGE (Per accident) $ GARAGELIABIUTY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG $ EXCESSUABILITY EACH OCCURRENCE $ OCCUR C• CLAIMS MADE AGGREGATE $ _ $ DEDUCTIBLE $ RETENTION $ $ WORKERSCOMPENSATIONAND --WCSTATU-(OTH• X TORY OMITS i I ER C EMPLOYERS ANY UABILITY PROPRIETOR/PARTNER/EXECUTIVEEQB0000044 09/11/2009 09/11/2010 E.LEACH ACCIDENT $1'000,000 OFFICER/MEMBER II EXCLUDED? describe EL DISEASE • EA EMPLOYEE $1 ,000,000 yes, under SPECIAL PROVISIONS below E.L. DISEASE • POLICY LIMIT $1 ,000,000 OTHER Pollution Liability Each Occurrence $1,000,000 EF4ML01675091 09/11/2009 09/11/2010 Aggregate $1,000,000 $ DESCRIPTIONOF OPERATION$LOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMEN7SPECIALPROVISIONS Registered Cert. holder Official: is listed Ramone as additional J. Hemandez insured on Jr. the general liability policy. Waiver of subrogation in favor of the certif- icate holder applies to the general liability policy. CERTIFICATE HOLDER L J ADDITIONAL CANCELLATION INSUREC: INSURERLETTEF: _ City Of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBEDPOLICIESBECANCELLEDBEFOREIHEEXPIRATION DATETHERE01; E ISSUING INSU'ERWILLENDEAVOR TO MAIL DAYS WRITTEN Development Building 1000ThrOCkmorton Permit Department NOTICETO THE C= `TIFICATEHOLD: IMPOSE NO OBLIGA' •NORLIABILI REPRESENTATIVE,; - NAMED TO •FANY KIND _a0 THELEFT, BUT FAILURETO DO SO SHALL UPON THE INSURE',ITS AGENTS OR Ft. TX Worth , 76102 AUTHORIZEDREPRES •TIVE ACORD 25 (2001/08) 1 ACORD CORPORATION 1988 M&C Review Page 1 of 2 CITY COUNCIL AGENDA DATE: 3/9/2010 REFERENCE NO.: CODE: C TYPE: C-24132 NON - CONSENT LOG NAME: PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORTH Thirisr 17WAP DOE ARRA VENDOR CONTRACT NO 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 Weatherization Assistance Program. 2) Authorize the City Manager or his designee to extend or renew the contracts for two additional one terms contingent upon receipt of funding from the Texas Department of Housing and Community Affa and 3) Authorize the City Manager or his designee to amend the contracts if necessary to acheive project provided that the amendment is within the scope of the project and in compliance with City policies an 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 an 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 Prog grant funds for program services for a two year period to serve 1,500 households. These grant funds provided under the American Recovery and Reinvestment Act of 2009 through the Texas Department 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 weathenzation 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 the purchasing database system Nineteen responses were received and the panel selected ten vend' 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 Integrity Texas Construction Inc. KB Remodeling Standard Renewable Energy, LP Mills Efficient Home, Inc. http://apps.cfwnet.org/council_packet/mc review.asp?ID=13203&councildate=3/9/2010 03/10/2010 M&C Review Page 2 of 2 Work will be assigned on a rotation basis to each vendor. At this time the total amount of the contras be limited to $6,036,304 00 due to the partial funding of the grant. The remaining contract amounts wil available contingent upon subsequent TDHCA funding. RENEWAL OPTIONS - These contracts may be renewed for up to two additional one-year terms at th 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 M/WBE Ordinance by committing to percent D/MWBE participation. The City's goal for this program is 20 percent. Three of the 10 selecte 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. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 53910 017200384020 $3,545,833 GR76 539120 017200384020 $2,490,471 Submitted for City Manager's Office by: Thomas Higgins (6192) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Joe Cordova (7332) ATTACHMENTS http://apps.cfwnet.org/council_packetlmc review.asp?ID=13203&councildate=3/9/2010 03/10/2010