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HomeMy WebLinkAboutContract 44184-A2 (2)ciry sEcRernttvv corrrRacrNO* '- �IZ SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 44154, A WEATHERIZATION ASSISTANCE PROGRAM CONTRACT FOR SERVICES This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 44184 ("Second Amendment') 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 1, Inc., a Texas for -profit corporation, acting by and through its duly authorized Director and President, Ramon Hernandez ("Contractor"). WHEREAS, the City utilizes federal grant funds from the Texas Department of Housing and Community Affairs and local utility grant funds from the Texas Association of Community Action Agencies, Inc., to implement the Weatherization Assistance Program ("WAP"), which is a program designed to help households reduce energy costs by providing energy conservation measures to certain dwelling; WHEREAS, to help implement the WAP, the City issued an invitation to bid in August 2012 to solicit pricing from qualified companies experienced in providing weatherization services; WHEREAS, the Contractor submitted a bid and was selected to provide certain weatherization services; WHEREAS, on February 21, 2013, the Fort Worth City Council approved M&C C-26100, which authorized the City Manager to enter into a contract with the Contractor in an amount up to $1,635,000.00 for the initial one-year term to carry out services associated with the WAP, said contract being City Secretary Contract ("CSC") No. 44184; WHEREAS, the initial funding of $1,635,000.00 for the Agreement has been exhausted, and the City has received approximately $1,050,000.00 in additional funds from the Texas Department of Housing and Community Affairs ("THDCA") — Low Income Home Energy Assistance Act WAP (TDHCA Contract No. 81130001719) that may be utilized by the Contractor to carry out the Services under the Agreement; WHEREAS, on September• 16, 2013, the parties amended CSC No. 44184 to, among other things, administratively increase the total amount of funding available under the agreement by $50,000.00 so that the Contractor could continue to perform weatherization Services, said contract being CSC No. 44184-A1 (collectively, "Agreement'); and WHEREAS, on October 15, 2013, the Fort Worth City Council approved M&C C-26505, which authorized the execution of this Second Amendment for an additional amount of $1,000,000.00, thereby increasing the total contract amount to $2,685,000.00 ($1,635,000.00 from CSC No. 44184 + $50,000.00 from CSC No. 44184-A1 + $1.000,000.00 from this Second Amendment). NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Agreement is amended as follows: OFFICIAL RECORD CITY SECRETARY (r T, woRTH, TX z LU 13 .... nr_ iii6n P, Second Amendment to CSC 44i84 1 of 3 I. The parties wish to amend Article 8.b.i. "Funding, Payment, Record Keeping Requirements, and Warranty" to increase the total amount of funding available under the Agreement by $1,000,000.00. Article 8.b.i. is hereby amended to read as follows: "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 2,685,000.00 of allocated grant monies, unless a formal written amendment is executed by the parties hereto." 1=1� Funds previously paid to the Contractor prior to this Second Amendment shall apply toward the total compensation paid to the Contractor. All terms and conditions of the Agreement that are not expressly amended pursuant to this Second Amendment shall remain in full force and effect. IV. All terms in this Second Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment in multiples in Fort Worth, Tarrant County, Texas on this day of CITY OF FORT WORTH By: Alanis istant City Manager 2013. 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 Second Amendment to CSC 44184 2 of 3 APPROVED AS TO FORM AND LEGALITY: � Tyler F.l'ach Assistant City Attorney ll ti ' Y(7 �Vlary J. Kayser City Secretary Contract Authorization M&C: C-26100; C-26505 Date: February 21, 2013; October 15, 2013 OFFIC��- RECORD CITY SECRETARY �TdOR�' Second Amendment to CSC 44184 3 of 3 �.�IB�C Review Page 1 of �(�Ri' `�'OItTt i Cz-r�r couNciL AGENDA �� COUNCIL ACTION: Approved on 10/15/2013 REFERENCE ** 801NTEGRITY DATE: 10/15/2013 N®; C-26505 LOG NAME: AMENDMENT-2013 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Second Amendment to City Secretary Contract No. 44184, a Weatherization Assistance Program Contract for Services with IntegrityTexas Construction, Ltd., in the Amount Up to $1,000,000.00, Thereby Increasing the Total Contract Amount to $2,685,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a second amendment to City Secretary Contract Number 44184, a Weatherization Assistance Program Contract for Services with IntegrityTexas Construction, Ltd., in the amount up to $1,000,000.00, thereby increasing the total contract amount to $2,685,000.00. DISCUSSION: On February 12, 2013, the City Council approved Mayor and Council Communication C-26100, authorizing 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 (WAP). The Parks and Community Services (PACS) Department, through the Community Action Partners offices, utilizes this contract for the weatherization of houses to benefit elderly, disabled and low income citizens in the Tarrant County service area using WAP grant funds from the Texas Department of Housing and Community Affairs and the Texas Association of Community Action Agencies, Inc. Typical weatherization measures include insulation (attics, walls and floors) weather stripping, caulking, and repairs to faulty doors and windows, as well as repairs and replacement of heating and cooling units. The PACS Department already expended the initial contract amount of $1,635,000.00. On September 16, 2013, the City executed an amendment, administratively increasing the contract amount by $50,000.00 to $1,685,000.00 (City Secretary Contract No. 44184-A1). In order to fully utilize the available weatherization grant funds before the present contract renewal, an increase in the contract amount of $1,000,000.00 is requested. Funds are available in the Low Income Energy Assistance Program (M&C C-26267) and in the Texas Association of Community Action Agencies grant (M&C C-26081). For future renewals, the City anticipates that the total annual amount for each renewal period will be approximately $2,685,000.00, which may vary depending on grant funding availability. The program serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget of the Grants Fund. http: //apps. cfwnet. org/council�acket/mc_review. asp?ID=19072&councildate=l 0/ 15/2013 10/16/2013 M&C Review Page 2 of TO Fund/AccountlCenters Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers GR76 539090 080200633020 $210,000.00 GR76 539120 080200633020 GR76 539120 080480624020 Susan Alanis (8180) Richard Zavala (5704) Sonia Singleton (5774) $655, 000.00 � 135.000.00 http://apps.cfwnet,org/council�acket/mc_review. asp?ID=19072&councildate=l0/15/2013 10/16/2013