HomeMy WebLinkAboutContract 44184 (3)CITY SECS ARC.
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WEAln MZI ATION ASSISTANCE PROGRAM
CONTRACT FOR SERVICES
1. Parties
This Weatherization Assistance Program Contract for Services ("Contract") is made and entered into by
and between the City of Fort Worth ("City"), acting by and through its duly authorized Assistant City
Manager, and IntegrityTexas Construction, Ltd., a Texas limited partnership, acting by and through its
general partner IntegrityTexas Construction I, Inc., a Texas for -profit corporation, acting by and through
its duly authorized Director and President, Ramon Hernandez ("Contractor").
2. Purpose
The Weatherization Assistance Program ("WAP") 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 to determine the scope of work
and various measures to be installed by the Contractor at each dwelling to increase energy efficiency.
The following are the basic objectives of the program: (1) to assist low-income families in lowering their
energy consumption, and subsequently, their energy costs; (2) to increase comfort levels, improve health,
safety & well-being of clients in weatherized dwellings; and (3) to promote energy conservation.
3. Term
The Term of this Contract will be for a twelve (12) month period from February 13, 2013 to February 13,
2014 This Contract maybe renewed/extended for four (4) 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 herein or as amended by the City.
4. Scope of Services/Requirements/Restrictions
a. Contractor shall perform all services hereunder, including, without limitation, those
services listed below under General Requirements and Scope of Services and those
services described in Exhibit A, which is attached hereto and incorporated herein by
reference for all purposes (collectively, "Services"), and provide all labor, material,
equipment, services, and items required to complete the Services under this Contract.
The City and Contractor may modify the Services from time -to -time upon mutual written
agreement between City and Contractor.
b. General Requirements, Scope of Services, and other Measures:
i. The Contractor must read and understand energy audits and work orders
generated by the City's Parks and Community Services Department ("PACSD").
ii. Permits The Contractor must apply for and obtain all permits prior to
installation of Weatherization measures with the appropriate jurisdiction for all
work performed under this Contract that requires a permit. The Contractor shall
arrange for inspections with appropriate local inspectors. All permits shall be
billed as pass through costs and listed as a separate line item on any invoices.
When applicable, the Contract shall indicate the charge to be paid by City for
overhead costs related to obtaining any building permit required by the work
items related to the services being provided. The Contractor must provide proper
documentation with each client invoice in order to support payment of a permit.
Failure to provide the supporting proof of doc n non-
payment permit expenditure. OFFICIAL R7ECORDCITY SECR
Weatherization Assistance Program
FT. WORTH, U, ti of 52
iiL Air Exchange - Using blower door guided air -sealing approaches, the Contractor
must perform blower door test before submitting the unit for payment to PACSD
and record a final blower door reading for each unit. The Contractor shall install
weather-stripping, caulking and switch/outlet gaskets to reduce air exchange
rates in eligible dwellings; and program measures designed to preserve the
integrity of the home's thermal envelope, reduce appliance energy consumption,
and ensure resident's health and safety.
Contractor shall provide all labor, material, supplies, and equipment to perform
the following energy conservation measures on program -eligible dwellings,
which includes, without limitation, the following:
a) Insulation of walls, attics, crawl space, switches, outlets, etc.
b) Blower door testing and flue gas analysis
c) Air bypass sealing
d) Attic, basement, crawl -space, and dense -pack sidewall insulation
e) Caulking and weather-stripping
f) Window and door repair and replacement
g) Duct leakage sealing (Using a duct blaster)
h) Shell infiltration sealing (replace broken windows, replace
interior/exterior doors and windows, weather stripping, caulking, etc.)
i) Insulation of water heater and water heater pipes
j) Attic ventilation
k) Solar screens
1) Minor home repairs
m) Carpentry
n) Health and Safety measures (testing of combustion appliances,
compliance with indoor air quality standards and provision of carbon
monoxide detectors)
o) Compact fluorescent light bulbs
p) Smoke and Carbon Monoxide Detectors
q) Roofing Services (i.e. repair, installation, decking, removal)
r) Repair and/or replacement of various types of energy saving windows
s) Repair or remove broken glass and install new glass with glazing
t) Ducts wrapped, caulking and weather-stripping applied throughout the
dwelling, and various other items
u) Air diagnostic testing (i.e. blower door test and duct blaster test)
v) High/low combustion venting
w) Floor Insulation R19
x) Foundation underpinning -vinyl
y) Mobile home modification energy measures (door repair and
replacement, siding, interior vents, exhaust fans, skirts, etc.)
z) Remove & Replace burglar bars
aa) Repair, retrofit, and replace inefficient home heating/cooling systems,
water heaters, and refrigerators
bb) Service, clean, and adjust heaters, including un-vented space heaters,
cook stoves, ovens, water heaters, and lower carbon monoxide levels per
specifications stated in the Texas Department of Housing and
Community Affairs ("TDHCA") Weatherization and Mechanical Field
Guides and A-IOCFR440
cc) Exterior windows and doors and replacement windows and doors shall
have a window unit U-value of 0.30 or less as rated by the National
Fenestration Rating Council (NFRC). U-value shall be window unit and
not the center of glass U-value. Skylights shall also comply with the
same or equal requirements.
dd) Storm Windows must meet or exceed IECC1 in combination with the
exterior window over which it is installed, for the applicable climate
zone.
Weatherization Assistance Program 2 of 52
ee) Materials and/or equipment purchased can be inspected by a PACSD's
representative to determine conformity with the quality requirements of
the call for bids. When deemed necessary, PACSD may require
documentation detailing the product specifications for the purposes of
determining whether the material conforms, in all aspects, to the
required specifications.
ff) Contractor shall be fully responsible for the removal and proper disposal
of all chemicals, material equipment, units, appliances, and component
parts associated with repair and/or replacement services.
gg) All appliances and equipment used for retrofit, repair, and/or
replacement shall be energy star rated, unless otherwise approved.
hh) All weatherization measures installed must have an approved State of
Texas Energy Audit savings -to -investment ration ("SIR") of one or
greater unless otherwise indicated as health and safety or incidental
repair items. Weatherization measures installed shall begin with those
having the greatest SIR (on approved State of Texas Energy Audit) and
proceed in descending order to the measures with the smallest SIR or
until the maximum allowable per unit expenditures are achieved.
Contractor shall weatherize eligible dwelling units using only
weatherization materials which meet or exceed the standards prescribed
by the United States Department of Energy ("DOE") in Appendix A to
Part 440 of the WAP Regulations, State of Texas adopted International
Residential Code ("IRC") or jurisdiction authorized by State law to
adopt later editions.
Services performed shall meet or exceed the latest standards and
procedures of the National Electrical Code, American Society of
Heating, Refrigerating and Air -Conditioning Engineers, Uniform
Plumbing Code, International Plumbing Code and Fuel Gas Code and
Department of Energy Weatherization guidelines.
c. 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.
d. The product of labor and skill executed and quality of materials must be in accordance
with City, State, and Federal building codes and regulations and/or according to the
Weatherization Installation Standards for the State of Texas. A copy of this manual may
be obtained by writing the Weatherization Assistance Program, Attention: James
Armstrong, Parks and Community Services Department, 4200 South Freeway Suite 2200
Fort Worth, Texas 76115.
e. All payment for Services performed under this Contract is subject to inspection and
approval by the PACSD staff. If the PACSD's staff determines, in its sole discretion,
that any of the Services performed hereunder are insufficient, then PACSD will notify
the Contractor of such deficiencies. The Contractor, at its own expense, shall remedy
such deficiencies within three (3) days of such notification by the PACSD's staff or by a
deadline otherwise agreed to by the parties. The City shall not be liable or responsible
for payment to the Contractor for insufficient work product or any work performed or
materials purchased in furtherance of work that does not meet program standards.
£ Contractor shall arrange and schedule all work with the homeowner/occupant in
accordance with City -designated orders, if applicable.
g. Contractor shall provide all transportation of tools, materials, and personnel to job sites.
h. Contractor shall provide adequate, trained on -site supervision of all Services.
Weatherization Assistance Program 3 of 52
i. Contractor shall protect homeowner's property from damage or loss during work, and
maintain same in as good condition as before work started.
j. Contractor shall notify the City immediately of any problems with work, material
delivery, or homeowners; and if any special work not shown on the weatherization work
schedule is needed.
k. Contractor shall begin work within three (3) days of any work assignment; work
continuously on a unit after work is started, and complete each unit in a within five (5)
working days. The parties may agree to written extensions of time.
1. Contractor shall report only fully completed units to the City for final inspection.
m. Contractor shall keep homeowners' identities and circumstances confidential.
n. Contractor shall not hire or purchase materials from any person:
i. 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
ii. Who is in a position to participate in adecision-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.
o. Contractor• shall 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.
p. Contractor shall not bid on or perform work on units owned or occupied by members of
the Contractors' immediate family by blood or marriage relationship.
q. Contractor shall be courteous and considerate of residents and shall do all 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.
r. Contractor shall not solicit additional business from the owner/occupant while working
on homes under this Contract.
s. 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.
t. Contractor shall leave the premises in at least shop vacuum 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.
u. Contractor must be thoroughly familiar with all prevailing safety measures applicable to
the Services, which shall include, but not be limited to, all federal, state, and local laws.
Contractor shall be responsible for instructing its employees in these safety measures and
ensuring full compliance.
v. Contractor• shall also abide by the additional terms and conditions set forth in Exhibit B,
which is attached hereto and incorporated herein for all purposes.
Weatherization Assistance Program 4 of 52
5. Pricing
a. Pricing for all Services performed and materials to be supplied under this Contract shall
be in strict accordance with those prices set forth in Exhibit C, which is attached hereto
and incorporated herein by reference. These prices are all inclusive and include, but are
not limited to, full installation, travel, freight, parts, procurement, materials and labor.
No additional charges will be accepted or paid by the City under this Contract, unless
agreed to otherwise in writing or herein.
the Contractor provides any Services for which there is no agreed price in Exhibit B,
then Contractor must obtain City's written approval of such price prior to proceeding
with the desired Services.
c. Requests for price increases shall be for increases in Contractor's costs only, not for
profits, and will only be considered as part of the renewal process. Such requests shall
be in writing and submitted with supporting documentation to the PACSD's staff no later
than sixty (60) days prior to expiration of the current Contract term.
6. Drugs and Background Checks
a. The use of any kind of intoxicants or illegal drugs by the Contractor or its employees and
subcontractors shall constitute grounds for termination of this Contract by the City.
b. Contractor shall ensm•e that no intoxicants or illegal drugs are brought onto any property
that is the subject of this Contract.
c. Contractor and its employees and subcontractors must pass a thorough background
investigation by an entity approved by City before beginning any Services. If Contractor
or its employees or subcontractors fail the background investigation, for any reason, City
reserves the right to terminate this Contract immediately. Under no circumstances shall
any Contractor or its employees or subcontractors having convictions or pending
criminal hearing be assigned to perform any Services. The results of any background
investigation must be submitted promptly to City for review, if requested. Failure of any
background investigations shall be determined by City, in its sole discretion. If City
determines that Contractor or its employees or subcontractors has failed any portion of
the background investigation, then the City reserves the right terminate immediately with
no payments due to Contractor under this Contract.
d. If requested by the City, the Contractor shall provide certification that all personnel
providing Services hereunder are drug free prior to performing any Services. Additional
drug screenings may be requested at the Contractor's sole cost and expense.
7. Required Training
a. In addition to the training or certification requirements required by law, the Conh•actor
and all associated crew members will be required to attend mandatory training prior to
commencement of any services. The training will include, without limitation, the
following:
i. Lead Safe Weatherization (LSW)/Environmental-Protection Agency (EPA)
requirements;
ii. Production Goals; and
iii. Material Installation Standards.
8. Funding, Payment, Record Keeping Requirements, and Warranty
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a. There is no guarantee that a specific dollar amount will be spent or minimum purchase
will be made under this Contract. City's obligations under this Contract are contingent
upon the actual receipt of grant fiends. If sufficient funds are not available, City shall
notify Contractor, in writing, within a reasonable amount of time after such fact is
determined. City shall then terminate this Contract and will not be liable for the failure
to make any payments to Contractor under this Contract.
b. The City agrees to compensate Contractor for approved expenses incurred and for
documented units of Services performed, subject to the following limitations:
i. Not to Exceed Amount. Contractor understands and agrees that the maximum
total amount payable for the services described herein shall not exceed
1,635,000.00 of allocated grant monies, unless a formal written amendment is
executed by the parties hereto.
The Director of the Parks and Community Services Department or his or her
designee ("Director") shall condition all payments upon the inspection and
approval of work and submission of all required documentation.
ii. Payment to the Contractor will be made within thirty (30) days after Director's
approval and document submission. Payments will be made on an individual
house basis after acceptance of work by PACSD staff.
c. The Contractor is responsible for maintaining and submitting necessary documents and
reports as may be required by the City, in its sole discretion, on weatherization projects.
The Contractor shall comply with the record keeping requirements set forth in section
440.24 of the WAP Regulations, any record keeping requirements set forth in any
applicable funding agreements between the City and TDHCA (including Fort Worth City
Secretary Contract Number 43428, Section 9: Record Keeping Requirements), all of
which shall be incorporated herein by reference as if fully reproduced herein, and with
other such additional record keeping requirements as set forth herein, including, but not
limited to, the following:
i. Unit Completion Form, (request for a final inspection);
ii. Invoice for material, labor, and total charge for each home weatherized in
accordance all required standards and specifications, including, but not limited
to, Billing Instructions, Number 16 of the Standard Specifications and
Conditions, and a form that will be e-mailed from PACSD.
iii. Itemized materials invoice; and
iv. Building permit, when applicable, that indicates acceptance of work by the
City's Planning and Development Department; these documents must be
submitted with the invoices.
d. Conh•actor represents and warrants that all work will be performed in accordance with
professional "workmanlike" standards and free from defective or inferior materials and
workmanship (including any defects consisting of "inherent vice," or qualities that cause
or accelerate deterioration of the Work) for one year after completion and acceptance by
the City of the Work. Contractor represents and warrants that the Services and the
materials used are not currently known to be harmful to public health and safety.
e. Contractor shall furnish City with all manufacturers' and suppliers' written warranties
covering items furnished under this Contract prior to release of payment.
9. Lead Safe Weatherization
a. Contractor shall comply with the requirements of the Environmental Protection Agency
(EPA), including the Lead -Based Paint Renovation, Repair and Painting Program Rule
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(RRP). Contractor must follow the requirements of the RRP Rule when performing
renovation, repair, and painting programs in houses built before 1978, including using
lead -safe work practices. Contractor and any subcontractors performing renovation
repair, and painting projects that disturb lead -based paint in pre-1978 houses must be
certified by the EPA. Contractor shall also abide by any laws, regulations or rules
pertaining to lead remediation promulgated by the State of Texas or any agency thereof.
b. 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.
10. Program Procedures
a. The Contractor is required to provide at least one valid e-mail address to which the City
may send or receive the following:
i. Program Correspondence
ii. Notification of Assignments
iii. Invoices
iv. Client Complaints
v. Status Reports on Unit Completion
vi. Request for Inspection
vii. Other Critical Documents/Memos
11. Reports and Audits; Liquidated Damages
a. Contractor will cooperate fully with City in monitoring the WAP. In this regard,
Contractor agrees to keep records sufficient to document its compliance with all
applicable laws, regulations, and contract terms. Contractor shall comply with any
deadlines set forth by the Director for providing any documents requested pursuant to
this Contract.
b. All records shall be retained for three (3) years after final payment has been made and all
other pending matters are closed. All federal and state funding agencies, 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.
c. The types of audit documentation required from the Contractor may include, but are not
limited to, the following:
i. Payroll Register to verify labor charges;
ii. 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;
iii. Invoices from suppliers;
iv. Canceled checks to verify payments to personnel and suppliers;
v. Any and all documentation referenced in Section 7(c) of this Contract;
vi. Other reports, data, and information on the performance of this Contract as may
be required by the DOE pursuant to section 440.25 of the WAP Regulations, by
the U.S. Department of Health and Human Services, TDHCA, or the City; and
vii. Bank statements to trace payments for material, labor and City payments.
Weatherization Assistance Program 7 of 52
d. If Contractor fails to submit, in a timely and satisfactory manner, any reports or response
required by this Contract, including responses to monitoring reports, the City may
withhold any and all payments otherwise due or requested by Contractor hereunder.
Payments may be withheld until such time as the delinquent report or response is
received by the City. If the delinquent report or response is not received within 45 days
of its due date, the City may suspend or terminate this Contract without penalty.
e. 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.
f. 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.
12. Applicable Laws
a. Federal and State
i. Contractor agrees to comply with the following laws and the regulations issued
thereunder as they are currently written or are hereafter amended during the
performance of this Contract:
1. Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq)
2. Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq)
3. Executive Orders 11063, 11246, as amended by 11375 and as
supplemented by Department of Labor regulations (41 CFR, Part 60)
4. The Age Discrimination in Employment Act of 1975 (42 USC 6101 et
seq)
5. Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
6. 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
7. 40 U.S.C. 276a-276a-7
8. Copeland Act (40 U.S.C. 2760
9. The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332)
1). 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)
11. 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))
12. 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)).
13. The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
14. 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.
15. Clean Air Act (42 USC 1857 [h]), Sec. 306
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16. Clean Water Act (33 USC 1368), Sec. 508
17. 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.
18. Energy Policy and Conservation Act (PL 94-163, as amended).
19. 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.
20. Part A of the Energy Conservation in Existing Buildings Act of 1976, as
amended (42 U.S.C. §6861 et seq.).
21. U.S. Department of Energy implementing regulations (10 C.F.R. Parts
440 and 600) ("WAP Regulations").
22. Applicable Office of Management and Budget (OMB) Circulars, the
Texas WAP State Plan, Texas LIIIEAP State Plan, implementing State
Regulations at Title 10, Part 1 Chapter 5, Subchapters A, E and F of the
Texas Administrative Code, as amended or supplemented from time -to -
time; and the implementing regulations codified in 45 C.F.R. Part 96.
23, Low Income Home Energy Assistance Act of 1981, as amended (42
U.S.C. §8621 et seq) ("LIHEAP Act"), and the implementing regulations
codified in 45 C.F.R. Part 96 ("LIHEAP Regulations")
24. Davis Bacon Act
25. Drug Free Workplace Act of 1988 — The Contractor affirms that by
signing this Contract that it is implementing this act.
26. Pro -Children Act of 1994 — Contractor shall follow the requirements that
require that smoking not be permitted in any portion of any indoor
facility owned or leased or contracted by an entity and used routinely or
regularly for the provision of health, day care, education, or library
services to children under the age of 18 if the services are funded by
Federal programs either directly or indirectly or through State or local
governments by Federal grant, contract, loan, or loan guarantee.
27. Limited English Proficiency (LEP) — Contractor must provide program
applications, forms, and educational materials in English, Spanish, and
any appropriate language based on the needs of the service area and in
compliance with the requirements of Executive Order 13166 of August
11, 2000. The Contract must take reasonable steps to ensure that
persons with LEP have meaningful access to the program, which may
entail language assistance services when necessary.
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 section 106 (16
U.S.C. 470 and 470h-2) will be considered for all properties receiving Services under this Contract.
15. Inventions
a. Any Inventions or discovery first made in performance of this Contract shall be the
pr•oper•ty of the City. If a patent is obtained, Contractor shall notify City of such patent
Weatherization Assistance Program 9 of 52
and the patent shall be assigned to the City. Contractor agrees to provide City with any
and all materials related to the discovery or invention. At City's sole discretion,
Contractor may be granted a non-exclusive license.
b. If any copyright arise with respect to any data or other copyl ighLable work developed in
the course of or under this Contract, Contractor shall notify City of the copyright and the
copyright shall be assigned to the City.
16. Security and Identification
a. Under no circumstances shall the Contractor assign or subcontract with personnel who
are not legally authorized to work in the United States of America.
If requested, Contractor shall provide I-9 forms for each employee and
subcontractors employee assigned to the Contract and documentation supporting
the submission of said forms.
ii. If requested, Contract shall provide all, if any, "No -Match" letters from the
Social Security Administration.
b. The City reserves the right to request and obtain a complete list of the Contractor's and
subcontractor's personnel information, including driver's licenses and social security
numbers.
c. Acontractor-issued identification badge identifying the worker as an employee of the
Contractor is required and shall be visibly worn at all times during the performance of
Services.
d. All Contractor personnel shall wear uniforms that identify their company.
17. Other Laws
a. Contractor covenants and 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 for this Contract and that it will fully comply with the 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.
b. 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.
c. Contractor shall establish, maintain and utilize internal controls and procedures to
prevent, detect and correct incidents of waste, fraud and abuse and to provide for the
proper and effective management of all activities funded by this contract. Any such
incidents of waste, fraud or abuse shall be promptly reported in writing to the City.
Contractor may not discriminate against any employee, subcontractor or the person who
reports a violation of the terms of this Contract or any law or regulation to the City,
TDHCA, or any appropriate law enforcement agency, if the report is made in good faith.
18. Prohibition against Discrimination
a. Generally
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i. Contractor, in the execution performance or attempted performance of this
Contract, will not discriminate against any person or persons because of race,
creed, color, national origin, sex, age, religion, disability, marital status,
citizenship status, sexual orientation or any other prohibited criteria nor will
Contractor permit its officers, members, agents, employees, subcontractors or
program participants to engage in such discrimination.
b. Employment
ii. During the performance of this Contract, Contractor agrees, and will require all
of its subcontractors to agree, as follows:
1. Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, sex, age,
religion, disability, marital status, citizenship status, sexual orientation
or any other prohibited criteria. Contractor will take affirmative action
to ensure that applicants are employed and that employees are treated
during employment without regard to their race, creed, color, national
origin, sex, age, religion, disability, marital status, citizenship status,
sexual orientation or any other prohibited criteria. 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.
iii. 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, creed, color, national
origin, sex, age, religion, disability, marital status, citizenship status, sexual
orientation or any other prohibited criteria.
c. 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.
d. Disability
i. In accordance with provision of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors will
not unlawfully discriminate on the basis of disability in the provision of services
to the general public, nor in the availability terms and/or employees of
Contractor or any of its subcontractors. Contractor warrants it will fully comply
Weatherization Assistance Program 11 of 52
with ADA's provision and any other applicable federal, state and local laws
concerning disability and will DEFEND, INDEMNIFY, AND HOLD THE
CITY HARMLESS AGAINST ANY AND ALL CLAIMS OR
ALLEGATIONS ASSERTED BY THIRD PARTIES OR
SUBCONTRACTORS AGAINST CITY ARISING OUT OF
CONTRACTOR'S AND/OR ITS SUBCONTRACTORS' ALLEGED
FAILURE TO COMPLY WITH THE ABOVE -REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE
PERFORMANCE OF THIS CONTRACT.
19. Prohibition against Interest
a. 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.
b. 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,
20. Subcontracting and Non -Assignment
a. 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.
b. 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.
21. Independent Contractor
a. Contractor shall operate hereunder as an independent Contractor and not as an officer,
agentI 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 codes 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.
b. City shall in no way nor under any circumstance be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors,
Weatherization Assistance Program 12 of 52
program participants, licensees or invitees, which may be lost, stolen, destroyed or in any
way damaged; and Contractor hereby indemnified and holds harmless City and its
officers, agents, and employees from and against any and all claims or suits.
22. Indemnity
a. CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY
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, BUT NOT LIMITED
TO, 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, BUT NOT LIMITED TO, 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.
B. 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.
c. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST
THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM,
CONTRACTOR, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION
OR PROCEEDING, AT CONTRACTOR'S EXPENSE, BY OR THROUGH
ATTORNEYS REASONABLY SATISFACTORY TO CITY.
d. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR
HEREAFTER IN EFFECT AND AFFECTING THE VALH)ITY OR
ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER
THIS SECTION, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE
INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE
INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT
NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE
REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE
Weatherization Assistance Program 13 of 52
INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE
AND EFFECT,
23. 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, but not limited to,
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.
24. 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 Contractors) shall assume all risk and liability for accidents and damages that may occur to
persons or property during the prosecution of the work. The Contractor(s) shall file with the
Parks and Community Services Department, Weatherization Assistance Program of the City of
Fort Worth, before the commencement of services, a certificate of insurance documenting the
following required insurance.
i) Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the
following limits
• $1,000,000 Each Accident
• $1,000,000 Disease — Policy limit
• $1,000,000 Disease —Each Employee
ii) Commercial General Liability Insurance including Explosion, Collapse, and Underground
Coverage shall be provided as follows:
• $1,000,000 Each Occurrence
• $2,000,000 Annual Aggregate
iii) Auto Liability Insurance shall be provided as follows:
• $2503000 Bodily Injury Per Person Each Accident
• $500,000 Property Damage; or
• $1,000,000 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
Contractors) insurance policies excepting employer's liability insurance coverage under
Contractor(s) workers' compensation insurance policy.
Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
iii) The Contractor shall 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 A: VII or equivalent measure of financial strength and solvency.
Weatherization Assistance Program 14 of 52
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 Contractors) 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.
ix) Contractors) 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 Parks and
Community Services Department any known loss occurrence that could give rise to a liability
claim or lawsuit or which could result in a property loss.
xi) Contractors) 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.
25. Termination
a. City may terminate this Contract whenever such termination is determined to be in the
best interest of City (including, but not limited to, City's sole convenience), in the event
of Contractor's default, inability, or failure to perform or to comply with any of the terms
herein, or for other good cause, including, but not limited to, substandard work.
i. 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.
ii. 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.
b. 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:
i. Stop work under the Contract on the date and to the extent specified by City;
ii. Cease expenditures of TDHCA monies, except as necessary for completion of
portions of the Contract not affected by termination: and
Weatherization Assistance Program 15 of 52
iiin Terminate all orders and contracts to the extent that they relate to terminated
portions of the contract.
c. Contractor will return to City any unused monies previously distributed under this
Contract within thirty (30) days of the effective date of Contract termination.
26. Changes and Amendments to Law; Automatic Incorporation
Any change in the terms of this Contract that 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.
27. Certifications of Contractor
a. Undocumented Workers -Pursuant to Chapter 2264 of the Texas Government Code, by
execution of this Contract, Contractor hereby certifies that Contractor, or a branch,
division, or department of Contractor does not and will not knowingly employ an
undocumented worker, where "undocumented worker" means an individual who, at
the time of employment, is not lawfully admitted for permanent residence to the
United States or authorized under law to be employed in that manner in the
United States. If, after receiving a public subsidy, Contractor or a branch,
division, or department of Contractor is convicted of a violation under 8 U.S.C.
Section 1324a (f), Contractor shall repay the public subsidy with interest, at
the rate of five percent (5%) per annum, not later than the 120th day after the
date the City notifies Contractor of the violation.
b. Certain Disaster Relief Contracts -City may not award a Contract that includes
proposed financial participation by a person who, during the five-year period
preceding the date of this Contract, has been convicted of violating a federal law
in connection with a contract awarded by the federal government for relief,
recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by
Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster
occurring after September 24, 2005; or assessed a penalty in a federal, civil or
administrative enforcement action in connection with a contract awarded by
the federal government for relief, recovery, or reconstruction efforts as a
result of Hurricane Rita, as defined by Section 39,459, Utilities Code,
Hurricane Katrina, or any other disaster occurring after September 24, 2005. By
execution of this Contract, the Contractor hereby certifies that it is eligible
to participate in this Program and acknowledges that this Contract may be
terminated and payment withheld if this certification is inaccurate.
c.
- Contractor
to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for• influencing or• attempting to
influence an officer or employee of an 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 contract, the
making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, or modification of any federal
contract, grant, loan, or cooperative agreement.
ii. If any funds other than federal appropriated funds have been paid or
will be paid 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
Weatherization Assistance Program 16 of 52
in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit standard form -
LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
iiL The undersigned shall require that the language of this certification be
included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, and contracts under grants, loans, and cooperative
agreements) and that all sub -recipients shall certify and disclose accordingly.
iv. This certification is a material representation of fact on which reliance was
placed when this transaction was made or entered in to . Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
28. Legal Authority
a. 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.
b. 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.
c. City 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 City for any
money it has received from City.
d. 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.
e. 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.
29. 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.
30. 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
Weatherization Assistance Program 17 of 52
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.
31. No Third -Party Beneficiaries
The provisions and conditions of this Contract are solely for the benefit of City and Contractor, and any
lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any
other person or entity.
32. Fiscal Funding Out
If, for any reason, at any time during any term of this Contract, the Fort Worth City Council fails to
appropriate funds sufficient for City to fulfill its obligations under this Contract, City may terminate this
Contract to be effective on the later of (i) thirty (30) days following delivery by City to Contractor of
written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated
by the Fort Worth City Council for the purposes set forth in this Contractor.
33. Public Information Act
Contractor understands and acknowledges that City is a public entity under the laws of the State of Texas
and, as such, all documents held by City are subject to disclosure under Chapter 552 of the Texas
Government Code. Contractor shall clearly indicate to City what information it deems proprietary. If
City is required to disclose any documents that may reveal any of Contractor's Proprietary Information to
third parties under the Texas Government Code, or by any other legal process, law, rule, or judicial order
by a court of competent jurisdiction, City will notify Contractor prior to disclosure of such documents,
and give Contractor the opportunity to submit reasons for objections to disclosure. City agrees to restrict
access to Contractor's information to those persons within its organization who have a need to know for
purposes of management of this Agreement. City agrees to inform its employees of the obligations under
this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or
transfer of information. City will use its best efforts to secure and protect Contractor's information in the
same manner and to the same degree it protects its own proprietary information; however, City does not
guarantee that any information deemed proprietary by Contractor will be protected from public
disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in
effect for a period of three (3) years after the expiration of this Agreement.
34. Counterparts and Electronic Signatures
This Contract may be executed in several counterparts, each of which will be deemed an original, but all
of which together will constitute one and the same instrument. A signature received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
35. Documentation of Disability
a. All WAP repairs, purchases and/or replacements of heating/cooling units are allowable
only for eligible units for which a whole house assessment has been completed and either
health and safety issues documented or an energy audit showing a SIR of I or greater for
the repair, purchase, and/or replacement has been completed. No other reason for repair,
purchase, and/or replacement, including medical reasons, shall be accepted. Under NO
Weather•ization Assistance Program 18 of 52
CIRCUMSTANCES should clients' medical information be collected or kept by
Contractor.
b. Accepted forms of disability documentation include social security or supplemental
security income statement, and acceptable proof of disability shall be kept in the client's
file to validate eligibility. In no instance should a medical professional's documentation
of disability be considered acceptable proof of disability.
c. Documentation of disability is must NOT include documentation from a medical
professional such as a doctor's letter, but only other forms of documentation of disability
such as a social security or supplemental security income statement, and shall be kept in
the client's file to validate eligibility.
36. Notices
All notices, requests, demands, and other communications that are required or permitted to be given
under this Contract shall be in writing and shall be deemed to have been duly given upon the delivery or
receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return
receipt requested, postage prepaid, as follows:
Fa
CITY OF FORT WORTH:
Director
Parks and Community Services
City of Fort Worth
4200 South Freeway, Ste. 2200
Fort Worth, Texas 76115
Copies to: Department of Law
City of Fort Worth
1000 Throckmorton Street, Third Floor
'Fort Worth, Texas 76102
CONTRACTOR: Ramon Hernandez, Director and President
Integrity Texas Construction LTD.
4712 McNutt St.
Haltom City, TX 76117
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Weatherization Assistance Program 19 of 52
IN WITNESS WHEREOF, the Parties hereto have executed three copies of this Contract in Fort Worth,
Tarrant County, Texas, this 13 day of February , 20134
CITY OF FORT WORTH
By:
an Alanis
istant City Manager
Recommended by:
Ri hard Zavala, Director
P rks and Community Services Department
Approved as to Form and Legality:
[ar Kayser
ity Secretary
Authorization:
Date: a 10 2a1�
Weatherization Assistance Program
IntegrityTexas Construction, Ltd., a Texas
limited partnership
By: IntegrityTexas Construction I, Inc., a
Texas for -profit corporation, its General
Partner
By:
Ramon Hernandez
Director and President
20 of 52
EXHIBIT A
SERVICES
35.0 SERVICES
35A. Blown -in fiberglass Attic insulation
R-11
• R-13
R-19
• R-30
R-38
35.2. All services shall be completed in accordance to local code requirements and all
insulation material must in installed in accordance to manufacturer requirements.
Contractor is responsible for securing permit (when applicable). Installation of blown -in
attic fiberglass insulation includes the following basic attic preparation: Blocking around
chimney, access(s) and heat sources. Block eves/soffits to a prevent insulation from
blocking soffit vents, helping to move a small amount of client belongings. Flag electrical
junction boxes, recess light shields, ventilation baffles, and other critical structures.
Weatherization Assistance Program 21 of 52
35.3. Knee Wall Insulation
35.3.1. R-30 Application: Install with paper toward the interior of the house pushed in
between the studs with all the paper touching the studs and sheetrock (no air
gaps) fasten in place on the outside of the studs with TYVEK wrap pulled tight
and fastened in place so that it will not come loose.
35.4. Blown -in fiberglass wall insulation
35.4.1. All services shall be completed in accordance to local code requirements and all
insulation material must in installed in accordance to manufacturer requirements.
"Contractor is responsible for securing permit (when applicable). Installation of
blown -in fiberglass wall insulation includes all necessary preparation removal and
reattachment of siding, plugging or filling drill holes, if blown thru brick, fill holes
with brick mortar, etc.
o R-13 Application: Install through/under wood, metal or vinyl.
o R-13 Install through brick, refill drill holes with brick mortar.
o Install on open wall fiberglass bat -insulation.
35.4.2. Blown -in cellulose If insulation
35.4.3, All services shall be completed in accordance to local code requirements and all
insulation material must in installed in accordance to manufacturer requirements.
Contractor is responsible for securing permit (when applicable). Installation of
blown -in fiberglass wall insulation includes all necessary preparation removal and
reattachment of siding, plugging or filling drill holes, if blown thru brick, fill holes
with brick mortar, etc.
o R-13 Application: Install through/under wood, metal or vinyl.
o R-13 Install through brick, refill drill holes with brick mortar.
Foam Insulation Spray On Application
35.5.1. R-7 Per Inch Application for inside the attic, remove aIi old insulation and prep for
the new spray on application.
35.5.2. R-7 Per Inch Application for pier and beam foundation, prep surfaces for new
spray on application.
Floor insulation
35.6.1. All services shall be completed in accordance to local code requirements.
Contractor is responsible for securing permit (when applicable) please refer to
Section 1.1.2
35.6.2. R-19 Floor fiberglass includes metal support rods, pipe wrap, and 6ml. vapor
barrier with seams that overlap12" and 12" up the foundation wall.
Mobile Home Floor Insulation
35.7.1. R-19 Application: Paper backed insulation adhered to belly paper and secured
under beams as to insulate all plumbing at the same time.
35.7.2. All services shall be completed in accordance to local code requirements.
Contractor is responsible for securing permit (when applicable).
35.8. Mobile Home vinyl skirting — 30"
35.8.1. Remove the old skirting and install the new skirting making sure that it is straight,
connected together correctly so it will not separate.
Weatherization Assistance Program 22 of 52
35.9. Attic Ventilation Services
All services shall be completed in accordance to local code requirements."Contractor
is responsible for securing permit (when applicable). Services shall be completed in
accordance to local code requirements. Remove old vents (if applicable). New vent
shall be installed in accordance with the manufacturers' instructions and sealed with
appropriate sealant. Vents shall be installed in a manner to prevent the entrance of
rain, insects and rodents.
•
Aluminum Gravity vent; 80 square inches
net free venting
•
Re -screen
existing gable vents with metal
screening
•
Install
new gable vents (up to 14"x 24")
•
Install
new gable vents (18"x 24")
•
Install
new gable vents (24"x 24")
•
Install
Soffit vents one story (ea) Includes
interior chute installation
•
Install
Soffit vents two story (ea) Includes
interior chute installation
Install
insulated vent fan ductwork- for bath,
kitchen or laundry area vents
35.10. Duct Sealing and Repair Services
29.11.1 Duct Sealing and Repair Services: Pertorm necessary duct sealing before
insulation is installed. Vapor ba«ier must be placed to the outside with no
exposed insulation. Insulation should cover all exposed supply and return ducts
with no significant areas of bare duct left un-insulated. Insulation should be
attached with Stuck ups, twine, or plastic straps.
o Duct Seal Services with mastic
o Plenum Seal Services with mastic
o Return Seal Services with mastic
o Register Replacement: To include all labor, material, supplies, and
equipment to install new adjustable, curved blade, with shutter damper
register:
o Duct Replacement Services: Duct Run: To include all labor, material,
supplies, and equipment seal and install new R-8 value or better duct run:
o Duct Replacement Services: Return Relocation: To include all labor,
material, supplies, and equipment seal and install new R-8 value or better
return duct :
o Duct Wrap —Fiberglass Seal with mastic
35.11. Access covers far attics, knee walls and crawlspaces
29.12.1 Service Type: Create an attic access —new, where none previously existed
(install in closet where possible) Install painted wood trim for a finished
appearance for new access. 3/4" plywood painted panel; to include insulation
barrier, eye hooks, weather-stripping and R-30 or greater foam insulation:
29.12.2 Service Type: Install hinged knee wall door — new, where none previously
existed (install out of the way area) Install painted wood trim for a finished
appearance'/2' plywood panel, 2 hinges, 1 barrel bolt, weather-stripping and R-
30 or greater foam insulation:
29.12.3 Service Type: Install crawlspace access — new, where none existed previously
3/4" treated plywood, 2x4 treated lumber for framing, 2 zinc barrel bolts, weather
stripping, R-19 or greater insulation pillow:
Weatherization Assistance Program 23 of 52
29.12.4 Service Type: Install new attic access panel only'/ inch plywood primed
white.
29.12.5 Improve existing attic or crawlspace access panel by adding weather-stripping
and R-30 or greater foam insulation, stops, eye hooks and weather stripping.
29.12.6 Install attic access 'box' type cover for pull down stairs. Insulate sides and top,
caulk all seams, eye hooks, weather stripping. Lid should be hinged if attic
space allows. 'Box' should be constructed from solid wood or inch plywood.
35.12. Doors and Related Items
All services shall be completed in accordance to local code requirements. Contractor
is responsible for securing permit (when applicable) Product or Service Type: Solid
Core Door complete with hinges, lockset, doorstop, weather strip, caulking, interior
and exterior trim. Plus any repairs to walls and finish. Must comply with current
ANSI/NWWDA requirements. "Contractor is responsible for securing permit (when
applicable)
• Service Type: Pre -hung Metal Door Unit — 6 Panel, Double Bore, 32" width (include
peephole on front door only).
• Service Type: Pre -hung Metal Door Unit — 6 Panel, Double Bore, 36" width (include
peephole on front door only).
• Service Type: Pre -hung Metal Door Unit — Flush, Double Bore, 36" width (include
peephole on front door only).
• Service Type: Pre -hung Metal Door Unit — Flush, Double Bore, 32" width (include
peephole on front door only).
Service Type: Interior Door, Primed Hardwood, 24" width.
Service Type: Interior Door, Primed Hardwood, 30" width
• Service Type: Interior Door, Primed Hardwood, 32" width
• Service Repair: Remove and Reinstall Storm Door
• Service Type: Mobile Home Door —Size: 32" x 72" New door must be
manufactured for mobile home use; must be air tight, and water tight.
• Service Type: Mobile Home Door — Size: 32" x 76" New door must be manufactured
for mobile home use; must be air tight, and water tight.
• Service Type: Mobile Home Door — Size: 34" x 76" New door must be manufactured
for mobile home use; must be air tight, and water tight.
• Service Type: 2-1/4" x 36", Deluxe Concealed Door Bottom Triple Sweep/Triple Seal
with screws.
• Service Type: 1-3/4" x 36", Deluxe Concealed Door Bottom Triple Sweep/Triple Seal
with screws
Service Type: 1-1/4" x 36", Door Sweep
Service Type: Door Threshold, Aluminum, Low Boy, 3-1/2" x 36
Service Type: Door Threshold, Aluminum, Low Boy, 4" x 36
• Service Type: Door Combo Dead Bolt and Locket Set, Brand: Kwikset or equal.
• Service Type: Interior Door Knob- Passage Hall/Closet, Brand: Kwikset or equal
• Service Type: Interior Door Jamb
• Service Type: Exterior Door Jamb
• Service Type: Dual Gasket Rigid Door Weather stripping
Weatherization Assistance Program 24 of 52
or Service Type: Silicone Heavy Duty Weather strip
35.13. Bathroom Ventilation Exhaust Fans
35.13.1. All services shall be completed in accordance to local code requirements.
Ventilating fan shall be of the ceiling mount, ENERGY STAR rated type, with
no less than (see below) CFM and no ore than (see below) some as certified
by the Home Ventilating Institute (HVI). The motor shall be totally enclosed,
four pole condenser types engineered to run continuously. Power rating shall
be 120v/60Hz. Duct diameter shall be no less than (see below). Fan shall be
UL and CUL listed for tub/shower enclosure when used with GFCI branch
circuit wiring. All fans must be installed in accordance to local code
requirements. Brand: Panasonic Whisper Series or equal. Contractor is
responsible for securing permit (when applicable)
o Service Type: Bathroom Ventilation Exhaust Fan: 50 CFM, Sones: 0.3,
Duct Size: 4", Grill Width: 13"
o Service Type: Bathroom Ventilation Exhaust Fan: 80 CFM, Sones: 0.4,
Duct Size: 4", Grill Width
35.14. Energy Recovery Ventilator
35.14.1. Energy Recovery Ventilator (ERV) should provide a minimum ventilation rate of
.35 air changes per hour. To include all hardware including, outlet box, wiring,
duct work, caulking and sealing. Fan must be vented to outside of home. All
fans must be installed in accordance to local code requirements
35.15. Kitchen Vent Hood
35.15.1. Complete Installation: All services shall be completed in accordance to local
code requirements Contractor is responsible for securing permit (when
applicable) Remove existing vent hood (if applicable) and install new kitchen
mounted vent hood, to be 2 speed fan and overhead light Nutone or approved
equal, to include all outlet box, all wiring, caulking and sealing. All vent hoods
must be installed and vented in accordance to local code requirements.
o Service Type: Kitchen Vent Hood, Size: 30"
o Service Type: Kitchen Vent Hood, Size: 32"
o Service Type: Kitchen Vent Hood, Size: 36"
o Service Type: Kitchen Vent Hood, Size: 42"
35.16. Bathroom Services
Service Type: 3 Piece Fiberglass Tub Wall Kit -Textured Finish
Service Type: Ceramic Tile Replacement, Size: 4" x 4, Color: White
• Service Type: Faucet — Bathroom - Two handle bathroom faucet with pop-up
assembly and drain. Finish: Chrome.
• Service Type: Faucet — Kitchen - Two handle kitchen faucet. Finish: Chrome:
35.17. Windows and Solar Screen
29.18.1 All services shall be completed in accordance to local code requirements.
Contractor is responsible for Securing permit (when applicable)
29.18.2 Service Type: Vinyl Window with Low -Emissivity (Low-E) Glass, Energy Star
Rated, U-value Of 0.30 or less, Shall comply with ANSIAiAAMA standards.
Remove existing window install new replacement window to fit opening.
Include all hardware and screen. Caulk window around framing.
Weatherization Assistance Program 25 of 52
29.18.3 Service Type: Vinyl Window Casement, Energy Star Rated, U-value of 0.30 or
less, Shall Comply with ANSIA/AAMA standards. Remove existing window
install new replacement window complete to fit opening. Include all hardware
and screen. Caulk window around framing.
29.18.4 Service Type: RepairlReplacement Service —Glass Replacement —Single
Glass. Remove all glass remnants and scrape putty. Install new glass and dot
and glaze with glazing compound.
29.18.5 Service Type: Repair/Replacement Service — Glass Replacement — Double
Strength Glass. Remove all glass remnants and scrape putty. Install new glass
and dot and glaze with glazing compound.
29.18.6 Service Type: Repair/Replacement Service —Tempered Glass Replacement.
Remove all glass remnants and scrape putty. Install new glass and dot and
glaze with glazing compound.
29.18.7 Service Type: Repair/Replacement Service —Window Pulley Seals.
29.18.8 Service Type: Repair/Replacement Service — Window Sash Lock — Ives
Clamshell.
29.18.9 Service Type: Repair/Replacement Service -Window glazing only.
29.18.10 Service Type: Repair/Replacement Service — New Windowsill,
29.18,11 Service Type: Repair/Replacement Service —New Window stool.
29.18.12 Service Type: Solar Screen — PVC coated fabric woven, aluminum frame, 90%
sun blockage. To include all materials, brackets and hardware required to
install. Screen Colors: Black, Brown, Grey, Stucco, and Beige.
35.18. Roofing Repair and Related Services
35.18.1. Service Type: Minor Roof Repair: Tear off the area that is to be repaired
down to the decking. All roof work pertormed for this bid shall be warranted for
a period of two years following payment. This warranty covers problems such
as leaks, loose shingles and correcting, replacing or repairing the (repaired)
area only. Standard roof work shall be bid to include installation of new 30 year
'three tab' or 'architectural shingles', 15# felt paper, code approved can
venting, new drip edge, new vent pipe boots, starter shingles for eves and
rakes, ridge and gable cap shingles, and code approved Work includes proper
disposal of scrap and waste. Roofs greater than 6/12 pitch will not be
considered.
o Service Type: Replace chimney cap
o Service Type: Replace Roof Jack
35.19. Siding and Related Services
• Service Type: Siding —Install new siding 1 x 8 -12, D-Grade SYP, Pattern 105
• Service Type: Siding -Install new siding 1x 6-12, D-Grade SYP, Pattern 105
• Service Type: Siding — Install new siding 1 x 8 -12, D-Grade SYP, Pattern 117
• Service Type: Siding — Install new siding 1 x 6 —12, D-Grade SYP, Pattern 117
• Service
Type:
Siding
—Install new
Masonite-lap
sheet siding
• Service
Type:
Siding
— 4 x 8 x 5/8"
T1-11 Wood
siding
35.20. Drywall Related Services
35.20.1. Service Type: Drywall Finish —Wall: Use a 3 coat process, set tape in bed
coat; apply two coats topping compound. AIIow drying time; sand -finish coats
smooth to paint ready. Price shall be per foot.
Weatherization Assistance Program
35.20.2. Service Type: Drywall Finish —Ceiling: Use three coat process, set tape
in bed coat; apply two coats topping compound. Allow drying time
between coats; sand -finish coats smooth to paint ready. Price shall per
foot.
35.20.3. Service Type: SheetrocWDrywall %": Including the three coat process, set tape
in bed coat; apply two coats topping compound. Allow drying time between c
oats; sand -finish coats smooth to paint ready. Price shall be per square foot.
35.20.4. Service Type: SheetrocWDrywall %" water resistant "green rock":
Including the three coat process, set tape in bed coat; apply two coats topping
compound. Allow drying time between coats; sand -finish coats smooth to paint
ready. Price shall be per square foot.
35.20.5. Service Type: SheetrocWDrywall 3/81$: Including the three coat process,
set tape in bed coat, apply two coats topping compound. Allow drying t ime
between coats; sand -finish coats smooth to paint ready. Price shall be per
square foot.
o Service Type: Lumber —Whitewood, 1 x 4, No. 2 Price shall be per foot.
o Service Type: Lumber — Whitewood, 1 x 6, No. 2 Price shall be per foot.
o Service Type: Lumber — Whitewood, 1 x 8, No. 2 Price shall be per foot.
o Service Type: Lumber — 2 x 4-WW/SPF No. 2 BTR Price shall be per
foot.
o Service Type: Lumber — 2 x 6-WW/SPF No. 2 BTR Price shall be per
foot.
o Service Type: Lumber — 2 x 8-WW/SPF No. 2 BTR Price shall be per
foot.
o Service Type: Lumber — 2 x 10-VWV/SPF No. 2 BTR Price shall be per
foot.
o Service Type: Lumber — %z" Plywood Price shall be per square foot.
o Service Type: Lumber — 3/4" Plywood Price shall be per square foot.
o Service Type: Lumber —1 /4" Round Trim Price shall be per foot.
o Service Type: Paint - 100% Acrylic Latex Enamel, Solid Hide, Exterior
Paint, Flat Finish, Grade: Premium, various colors, (one gallon):
35.21. Caulks and Foams
• Service Type: Latex Caulk with silicone, 35 years durability, must meet or exceed
ASTM C834 requirements Size: 10.1 Tube, Brand: Dap or equal.
Service Type: 100% Silicone Caulk, 35 years durability, must meet or exceed ASTM
920-86 requirements Size: 10.1 Tube, Brand: GE or equal.
• Service Type: Weather -seal Foam Tape, Closed Cell, UV Resistant, Adhesive
Backing, 3/8 X 3/16 X17.
Service Type: Electrical Outlet and Switch Sealing Energy Saving Gasket.
• Service Type: Switch/Receptacle Plates.
35.22. Smoke and Carbon Monoxide Detectors
• Service Type: Battery Operated Dual Sensor Ionization &Photoelectric Smoke
Detector, Brand: First Alert or equal
Service Type: Battery -Operated Carbon Monoxide Detector, Brand: First Alert or
equal.
Weatherization Assistance Program 27 of 52
35.23. Compact Fluorescent Lamps/Bulbs
• Service Type: CFL -Minimum Light Output (Lumens): 450 lumensI 9 to 13 watts
• Service Type: CFL - Minimum Light Output (Lumens): 800 lumens, 13 to 15 watt
• Service Type: CFL - Minimum Light Output (Lumens): 1,100 lumens, 18 to 25 watt
• Service Type: CFL - Minimum Light Output (Lumens): 1,600 lumens, 23 to 30 watts
35.24. Other Hardware and Miscellaneous Items
• Service
Type:
Primer and Sealer,
Brand:
Kilz (13 oz. can)
• Service
Type:
Glaze Compound,
Size: 10.3
oz tube
• Specify labor Rate for Carpentry Services and related work not specified or mention
under the Bid contract: Note: Rate shall include trip charge, travel time, mileage,
transportation cost and parking fees. The labor rate shall start upon arrival at client
home or worksite. "Contractor is responsible for securing permit (when applicable)
35.25. Room Air Conditioner
35.25.1. Installation of all room air conditioners shall Include all labor, material and
supplies required to install new units in accordance to manufacturer (s)
requirements, removal of existing unit and properly disposal in accordance to
EPA regulation. Unit shall be properly insulated, sealed and caulked around
opening.
o Room Air Conditioner, Size: 5,000 BTU (minimum), EER Rating: 10.7 or
higher
o Room Air Conditioner, Size: 8,000 BTU (minimum), EER Rating: 10.7 or
higher
o Room Air Conditioner, Size: 10,000 BTU (minimum), EER Rating: 10.7 or
higher
o Room Air Conditioner, Size: 12,000 BTU (minimum), EER Rating: 10.7 or
higher
o Room Air Conditioner, Size: 15,000 BTU (minimum), EER Rating: 10.7 or
higher
o Room Air Conditioner, Size: 18,000 BTU (minimum), EER Rating: 10.7 or
higher
35.26. Room Air Conditioners with Heat Pump (Reverse Cycle)
• Room Air Conditioner with Heat Pump, Size: 8,000 BTU (minimum), EER Rating: 9.9
or higher
• Room Air Conditioner with Heat Pump, Size: 10,000 BTU (minimum), EER Rating:
9.9 or higher
• Room Air Conditioner with Neat Pump, Size: 12,000 BTU (minimum), EER Rating:
9.9 or higher
• Room Air Conditioner with Heat Pump, Size: 18,000 BTU (minimum), EER Rating:
9.9 or higher
35.27. Alternative Heating Units
• Unvented Wall Furnace with Oxygen Depletion System, Size: 6,000 BTU (maximum)
EER Rating: 80% Annual Fuel Utilization Efficiency (AFUE) or higher.
• Unvented Wall Furnace with Oxygen Depletion System, Size: 8,000 BTU (maximum)
EER Rating: 80% Annual Fuel Utilization Efficiency (AFUE) or higher.
Weatherization Assistance Program 28 of 52
• UIlvented Wall Furnace with Oxygen Depletion System, Size: 10,000 BTU (minimum)
EER Rating: 80% Annual Fuel Utilization Efficiency (AFUE) or higher.
• Vented Wall Furnace with wall mounted thermostat, Size: 35,000 BTU (minimum)
EER Rating: 80% Annual Fuel Utilization Efficiency (AFUE) or higher.
• Vented Wall Furnace Double Sided with wall mounted thermostat, Size: 50,000 BTU
(minimum) EER Rating: 80% Annual Fuel Utilization Efficiency (AFUE) or higher.
• Vented Floor Furnace with wall mounted thermostat, Size: 40,000 BTU (minimum)
EER Rating: 80% Annual Fuel Utilization Efficiency (AFUE) or higher.
• Vented Floor Furnace with wall mounted thermostat, Size: 50,000 BTU (minimum)
EER Rating: 80% Annual Fuel Utilization Efficiency (AFUE) or higher.
3528. Central Air Conditioner Unit (Outside Unit Only)
35.28.1. Installation cost shall include all labor, material and supplies required to
install new unit in accordance to manufacturer(s) requirements, removal
of existing unit and properly dispose all in accordance with EPA
regulation. Installation shall also include condenser power
disconnect/whip, liquid line dryer, section line dryer, refrigerant and
concrete slab. Contractor is responsible for securing permit (when
applicable)
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 1.5 Tons,
SEER Rating: 14.5 Minimum.
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 1.5 Tons,
SEER Rating: 15 Minimum
• Central Air Conditioner Unit And Matching Evaporative Coil, Size: 1.5 Tons,
SEER Rating: 16 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 2 Tons,
SEER Rating: 14.5
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 2 Tons,
SEER Rating: 15 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 2 Tons,
SEER Rating: 16 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 2.5 Tons,
SEER Rating: 14.5 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 2.5 Tons,
SEER Rating: 15 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 2.5 Tons,
SEER Rating: 16 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 3 Tons,
SEER Rating: 14.5 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 3 Tons,
SEER Rating: 15 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 3 Tons,
SEER Rating: 16 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 3.5 Tons,
SEER Rating: 14.5 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 3.5 Tons,
SEER Rating: 15 Minimum
Weatherization Assistance Program 29 of 52
o
Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size: 3.5 Tons,
SEER Rating: 16 Minimum
o
Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size: 4 Tons,
SEER Rating: 14.5 Minimum
o
Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size: 4 Tons,
SEER Rating: 15 Minimum
o
Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size: 4 Tons,
SEER Rating: 16 Minimum
o
Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size: 5 Tons,
SEER Rating: 14.5 Minimum
o
Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size: 5 Tons,
SEER Rating: 15 Minimum
o
Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size: 5 Tons,
SEER Rating: 16 Minimum
35.29. Central Heat/Furnace Units
29.30.1 Central Heat/Furnace Unit, Size: 50,000 BTU (minimum), EER Rating: 80%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
29.30.2 Central Heat/Furnace Unit, Size: 75,000 BTU (minimum), EER Rating: 80%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
29.30.3 Central Heat/Furnace Unit, Size: 50,000 BTU (minimum), EER Rating: 90%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
29.30.4 Central Heat/Furnace Unit, Size: 75,000 BTU (minimum), EER Rating: 90%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
29.30.5 Central Heat/Furnace Unit, Size: 100,000 BTU (minimum), EER Rating: 80%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
29.30.6 Central Heat/Furnace Unit, Size: 100,000 BTU (minimum), EER Rating: 90%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
35.30. Heat Pumps Complete with up-flow/down-flow or horizontal Unit
35.30.1. Installation cost shall include all labor, material, and supplies
required to install new complete systems (with new air
handler and matching coil) in accordance with manufacturer
requirements, removal of existing unit and proper disposal in
accordance with EPA regulation. Installation shall include new 7
day programmable thermostat, new plastic or concrete slab,
disconnect box, miscellaneous copper lines and connections,
(new five -wire for the new programmable t-stat),twelve month
supply of filters, nitrogen test, TXV if necessary, line set cover if
necessary and miscellaneous repairs Contractor is responsible
for securing permit. The system must be rated AHRI. 14.5SEER
o Complete System- Heat Pump With Electric Air Handler, Size: 1.5 Tons,
SEER Rating: 14.5
Weatherization Assistance Program 30 of 52
o Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size:
3.5 Tons,
SEER Rating: 16 Minimum
o Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size:
4 Tons,
SEER Rating: 14.5 Minimum
o Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size:
4 Tons,
SEER Rating: 15 Minimum
o Central Air Conditioner Unit
And
Matching
Evaporative
Coil, Size:
4 Tons,
SEER Rating: 16 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 5 Tons,
SEER Rating: 14.5 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 5 Tons,
SEER Rating: 15 Minimum
o Central Air Conditioner Unit And Matching Evaporative Coil, Size: 5 Tons,
SEER Rating: 16 Minimum
35.29. Central Heat/Furnace Units
29.30.1 Central Heat/Furnace Unit, Size: 50,000 BTU (minimum), EER Rating: 80%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up flow,
Down -flow and Horizontal
29.30.2 Central Heat/Furnace Unit, Size: 75,000 BTU (minimum), EER Rating: 80%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
29.30.3 Central Heat/Furnace Unit, Size: 50,000 BTU (minimum), EER Rating: 90%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
29.30.4 Central Heat/Furnace Unit, Size: 75,000 BTU (minimum), EER Rating: 90%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
29.30.5 Central Heat/Furnace Unit, Size: 100,000 BTU (minimum), EER Rating: 80%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
29.30.6 Central Heat/Furnace Unit, Size: 100,000 BTU (minimum), EER Rating: 90%
Annual Fuel Utilization Efficiency or higher Configuration Types: Up -flow,
Down -flow and Horizontal
35.30. Heat Pumps Complete with up-flow/down-flow or horizontal Unit
35.30.1. Installation cost shall include all Tabor, material, and supplies
required to install new complete systems (with new air
handler and matching coil) in accordance with manufacturer
requirements, removal of existing unit and proper disposal in
accordance with EPA regulation. Installation shall include new 7
day programmable thermostat, new plastic or concrete slab,
disconnect box, miscellaneous copper lines and connections,
(new five -wire for the new programmable t-stat),twelve month
supply of filters, nitrogen test, TXV if necessary, line set cover if
necessary and miscellaneous repairs Contractor is responsible
for securing permit. The system must be rated AHRI. 14.5SEER
Complete System- Heat Pump With Electric Air Handler, Size: 1.5 Tons,
SEER Rating: 14.5
Weatherization Assistance Program 31 of 52
o Complete System- Heat Pump With Electric Air Handler, Size: 1.5 Ton,
SEER Rating: 16
o Complete System- Heat Pump With Electric Air Handler, Size: 2 Tons,
SEER Rating: 14.5
o Complete System- Neat Pump With Electric Air Handler, Size: 2 Tons,
SEER Rating: 16
o Complete System- Heat Pump With Electric Air Handler, Size: 2.5 Tons,
SEER Rating: 14.5
o Complete System- Heat Pump With Electric Air Handler, Size: 2.5 Tons,
SEER Rating: 16
o Complete System- Heat Pump With Electric Air Handler, Size: 3 Tons,
SEER Rating: 14.5
o Complete System- Heat Pump With Electric Air Handler, Size: 3 Tons,
SEER Rating: 16
o Complete System- Heat Pump With Electric Air Handler, Size: 3.5 Tons,
SEER Rating: 14.5
o Complete System- Heat Pump With Electric Air Handler, Size: 3.5 Tons,
SEER Rating: 16
o Complete System- Heat Pump With Electric Air Handler, Size: 4 Tons,
SEER Rating: 14.5
o Complete System- Heat Pump With Electric Air Handler, Size: 4 Tons,
SEER Rating: 16
o Complete System- Heat Pump With Electric Air Handler, Size: 4.5 Tons,
SEER Rating: 14.5
o Complete System- Heat Pump With Electric Air Handler, Size: 4.5 Tons,
SEER Rating: 16
o Complete System- Heat Pump With Electric Air Handler, Size: 5 Tons,
SEER Rating: 14.5
o Complete System- Heat Pump With Electric Air Handler, Size: 5 Tons,
SEER Rating: 16
35.31. Heat Pumps Complete with Ceiling -Mount Air Handlers 13 SEER {for multifamily
units)
35.31.1. These units are most commonly found apartment units. When submitting
your bid proposal consider volume and the existing price in the original
bid price list. Installation cost shall include all labor, material, and
supplies required to install new complete systems (with new air handler
and matching coil) in accordance with manufacturer requirements, removal
of existing unit and proper disposal in accordance with EPA regulation.
Installation, new plastic or concrete slab, disconnect box, twelve month
supply of filters miscellaneous copper lines and connections for nitrogen
test, TXV valve, line set cover if necessary and miscellaneous repairs
Contractor is responsible for securing City permit. The system must be
rated by A. H. R. I.
o Complete System- Heat Pump With Ceiling Mount Electric Air Handler,
Size: 1.5 Tons, SEER Rating: 13
o Complete System- Heat Pump With Ceiling Mount Electric Air Handler,
Size: 2 Tons, SEER Rating: 13
Weatherization Assistance Program 32 of 52
o Complete System- Heat Pump With Ceiling Mount Electric Air Handler,
Size: 2.5 Tons, SEER Rating: 13
o Complete System- Heat Pump With Ceiling Mount Electric Air Handler,
Size: 3 Tons, SEER Rating: 13
35.32. Preventive Maintenance and Tune-up Services
35.32.1. Air Conditioning System (cooling) -PM and Tune-up Services, as per
proposal specifications -To include all labor, chemicals material and
supplies required to perform the services.
35.32.2, Heat/Furnace-PM and Tune-up Services, as per proposal specifications -
to include all labor, material and supplies required to perform the services.
35.32.3. Condenser Coil Cleaning Services (only) to include all labor, chemicals,
materials and supplies required to perform the services.
35.32.4. Evaporator/Cooling Coil Cleaning Services (only) to include all labor,
chemicals, materials and supplies required to perform the services.
35.32.5. Provide and Install 7-Day Programmable Thermostat (only)
35.32.6. Specify Labor Rate for HVAC Services and related work not specified or
mention under the Bid contract. Note: Rate shall include trip charge, travel
time, mileage, transportation cost, parking and toll fees. The labor rate shall
start upon arrival at client home or worksite. Contractor is responsible for
securing permit (when applicable).
35.32.7. Specify Contractor cost plus + % markup for equipment, Parts, material, and
supplies not specified or mention in this bid. Note: Contractor shall include
the type of list they will be using to verify their cost, such as dealer, jobber,
invoices from supplier, distributors/wholesaler. This will enable the Parks
and Community Services Department to verify the percent discount or
mark-up.
35.33. Plumbing Services- All services to be performed by a license plumber
35.33.1. Replacement Water Heater -Gas with drain pan with the Energy Factor of
0.67 or greater Capacity/Size: 30 gallons.
35.33.2. Replacement Water Heater -Gas with drain pan with the Energy Factor of
0.90 or greater Capacity/Size: 40 gallons.
35.33.3. Replacement Water Heater -Electric with drain pan with the Energy Factor of
0.90 or greater Capacity/Size: 40 gallons.
35.33.4. Replacement Water Heater -Electric with drain pan with the Energy Factor of
0.90 or greater Capacity/Size: 50 gallons.
35.33.5. Specify Labor Rate for Plumbing Services and related work not specified or
mention under the Bid contract. Note: Rate shall include trip charge, travel
time, mileage, transportation cost, parking and toll fees. The labor rate shall
start upon arrival at client home or worksite. Contractor is responsible for
securing permit (when applicable)
35.33.6. Specify Labor Rate for Electrical Services and related work not specified or
mention under the Bid contract. Note: Rate shall include trip charge, travel
time, mileage, transportation cost and parking fees. The labor rate shall start
upon arrival at client home or worksite. Contractor is responsible for
securing permit (when applicable)
35.34. Kitchen Gas Range
Kitchen Gas Range Unit, Size: 24" Gas Rang Unit
Weatherization Assistance Program 33 of 52
•
Kitchen
Gas Range Unit,
Size: 30" Gas Rang Unit
•
Kitchen
Stove Top, 4 Burner
Standard
Size Gas Range Unit
•
Kitchen
Oven And Broiler,
Standard Size
Gas
Unit
35.35. Refrigerator
Replacement
•
Product
Or Service Type:
Refrigerator
Size 14
Cubic Feet:
Top
Mount Freezer
•
Product
Or Service Type:
Refrigerator
Size 16
Cubic Feet:
Top
Mount Freezer
•
Product
Or Service Type:
Refrigerator
Size 18.5
Cubic Feet: Top Mount Freezer
•
Product
Or Service Type:
Refrigerator
Size 21
Cubic Feet:
Top
Mount Freezer
•
Product
Or Service Type:
Refrigerator
Size 22
Cubic Feet:
Top
Mount Freezer
Weatherization Assistance Program 34 of 52
EXHIBIT B
ADDITIONAL TERMS AND
CONDITIONS
35.36.2. The Contractor shall furnish aII materials necessary for delivery of
weatherization services in the Tarrant County area. All materials shall
meet applicable Department of Energy (DOE) standards and shall comply
with the Texas Department of Housing and Community Affairs
(TDHCA) materials standards set forth in the TDHCA Materials
Installation Standards Manual,
35.36.3. The City shall not be billed for materials transportation or delivery costs.
Materials shall be new, and in good condition. The City shall not be
charged for items that are damaged prior to, or during installation, or for
wasted materials.
35.36.4. All weatherization materials shall be installed in accordance with the
standards contained in the Texas Department of Housing and Community
Affairs Materials Installation Standards Manual (1998). The City shall pay
only for those materials which meet applicable standards and which are
acceptable and properly installed on eligible dwelling units.
35.36.5. It is the City's intent to secure a price, through the Bid, on customary
weatherization materials. Incidental items not included in the City's Bid will
be paid upon request if invoice showing actual purchase price is provided.
35.36.6. The Contractor shall furnish all labor pursuant to completion of
weatherization activities within the Tarrant County service area. Additionally,
the Contractor must designate an experienced, knowledgeable staff member
to be present during the initial dwelling unit assessment and final dwelling
unit inspection. An experienced practitioner must perform on -site
supervision. Contractor's field staff must be proficient in installing
comprehensive weatherization measures.
35.36.7. Once a job is completed, the Contractor must remove all debris from the job
site and dispose of same in a proper and responsible manner. The
Contractor shall take all precautions necessary to protect all existing trees,
shrubbery, plants, sidewalks, buildings, vehicles etc, in the area where work
is being done, as well as the building covered by the contract, and shall
rebuild, repair, restore, and make good at his own expense all injury and
Weatherization Assistance Program 35 of 52
damage to the same which may result from work being carried on under this
contract.
35.36.8. The total allowable materials and labor cost per weatherized dwelling unit
shall be determined during the initial assessment performed by the
Department. Total dwelling unit costs may not exceed established program
maximums.
35.36.9. The City shall not be charged separately for Contractor's participation in the
initial assessment or final inspection, for the use of the blower door, duct
blaster, or conduct or required blower door tests, for carbon monoxide or
indoor relative humidity transportation, for tools or equipment needed to
perform weatherization work, for disposal of debris removed from the job site,
for staff training or for fringe benefits.
35.36.10. The Contractor is responsible for any job -related illness or injury to workers
in his/her employ and/or weatherization clients, and shall indemnify and hold
harmless the City, the City weatherization staff and weatherization clients in
the event an on-the-job illness or injury occurs.
35.36.11. The Contractor must submit itemized materials and labor cost statements for
ach weatherization dwelling unit completed. All weatherization work is
performed on a reimbursement basis. No draws and/or advances shall be
provided under this or any subsequent agreement. Payment for labor and
materials shall be made only when the completed dwelling unit has passed
the agency's final dwelling unit inspection. Payment will normally be made
within 30 days of final agency dwelling unit acceptance.
35.36.12. Each unit assigned pursuant to this contract must be completed within five
(5) business days. After completion of the project (work) the Contractor shall
schedule a meeting and walk through at the actual project/worksite with the
designated Department representative. The purpose of the meeting is to
inspect all work and services performed in accordance to the bid
specifications and requirements. If work, services, performance and/or
products are unacceptable, the Department's representative to the
Contractor will indicate the problem areas. The Contractor will be
required to correct all problem areas immediately. Payment to the Contractor
shall be withheld until all work, services, and /or products are deemed
acceptable. Acceptance of all work performed under this contract shall be at
the sole discretion of the Parks and Community Services Department. The
City shall provide a work schedule that shall ensure that its contractual
obligations to TDHCA are met. Failure of Contractor to perform in
accordance with said schedule shall be grounds for termination of the
weatherization services agreement. The Contractor will report only fully
completed homes to the City for final inspection and payment.
35.36,13. Contractor shall respond to all complaints within one (1) business day from
initial call with a complete resolution and /or repairs by the second business
day. Failure to do so may result in cancellation of future contract with the City
of Fort Worth,
35.36.14. The Contractor must recognize the special needs and concerns of low-
income, elderly and handicapped clients and must ensure that clients are at
all times treated respectfully and courteously. Contractor and/or staff must
conduct themselves in a professional manner at all times.
35.36.15. The Contractor must retain all work and cost records for a minimum period of
three (3) years after payment for the dwelling unit has been made and all
other documentation to assure fair settlement of disputes or complaints that
may arise, as well as to fulfill federal audit requirements. The weatherization
program is federally funded. Any known or suspected incident of fraud or
Weatherization Assistance Program 36 of 52
program abuse involving Contractor orthe Contractor's staff will be reported
to the appropriate state or federal investigative body or official.
35.36,16, The Contractor must meet the Copeland "anti -kickback" requirements and
must provide assurance of same.
35.36,17. The Contractor must meet Contract Work Hours & Safety Standards Act
requirements and must provide assurance of same.
35.36.18. The Weatherization program is federally funded. Any known or suspected
incident of fraud or program abuse involving Contractor or the Contractor's
staff will be reported to the appropriate state or federal investigative body or
official.
Weathei•ization Assistance Program 37 of 52
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Weatherization Assistance Program
M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 2/12/2013
Official site of the City of Fort Worth, Texas
F(iRT«'ORTtI
DATE: 2/12/2013 REFERENCE NO.: C-26100 LOG NAME: 80WAP-
INTEGRITY2013
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Execution of a Contract with IntegrityTexas Construction, LTD, in the Amount
Up to $1,635,000.00 for the Initial One -Year Term for the Weatherization Assistance
Program (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with IntegrityTexas
Construction, LTD, in the amount up to $1,635,000.00 for the initial one-year term for the Weatherization
Assistance Program.
DISCUSSION:
The Parks and Community Services (PACs) Department, through the Community Action Partners offices,
will use this contract, pursuant to the Weatherization Assistance Program grant funds received from the
Texas Department of Housing and Community Affairs and the Texas Association of Community Action
Agencies, Inc., for weatherization of houses to benefit elderly, disabled and low-income citizens in the
Tarrant County service area. Typical weatherization measures include insulation (attics, walls, and floors)
weather stripping, caulking, repairs to faulty doors and windows, as well as tune-ups and repairs to heating
and cooling units.
The Invitation to Bid (ITB) consisted of detailed specifications describing the materials and services to be
purchased. Also, the ITB described the minimum qualifications for bidders and their subcontractors. The
bids were evaluated by an evaluation committee. The committee ranked the bids based on the following
evaluation criteria: cost, qualifications and experience, technical resources and staffing, financial resources,
and references.
Two vendors were finalists, IntegrityTexas Construction, LTD. (Integrity), and A Cooler House. A Cooler
House was disqualified from consideration because it was deemed in non-compliance with the established
MMIBE goals for this project. Integrity meets the City's criteria and specifications, including the MMBE
requirements, and provides the best value to the City and is therefore, being recommended for this
contract.
No guarantee was made that a specific amount of goods or services would be purchased. During the
previous year, approximately $1,425,683.00 was spent on this program.
BID ADVERTISEMENT -The ITB was advertised in the Fort Worth Star -Telegram on August 28, 2012 and
September 4, 2012. Ninety-eight vendors were solicited from the Purchasing database system; eleven
responses were received.
BID TABULATION -See attached bid tabulation.
MMBE -Integrity is in compliance with the City's BDE Ordinance by committing to 15 percent MBE
participation on this project. The City's MBE goal on this project is 15 percent. Additionally, Integrity is a
certified MBE firm.
ADMINISTRATIVE CHANGE ORDER - An Administrative Change Order or increase may be made by the
http://apps.cfwnet.org/council�acket/mc review.asp?ID=17979&councildate=2/12/2013 2/13/2013