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HomeMy WebLinkAboutContract 44736 (2)SSCP t h i COTS ©T CITY OF FORT WORTH JOB ORDER CONTRACT (JOC) SERVICES CONTRACT COWTOWN BRUSH -UP PROGRAM This Contract, made and effective as of the last date executed by a Party hereto ("Effective Date"), is by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("City") and TARRANT PAINT & STAIN, LLC a Texas limited liability company ("Contractor"). City and Contractor may be referred to herein individually as a Party and collectively as the Parties. WITNESSETH: That for and in consideration of the payments and agreements to be performed by the City, Contractor hereby agrees with City to commence and complete the Job Order Contract Services described herein. ARTICLE 1. DEFINITIONS "Building Code" means the City's Building Code as amended from time to time. "Building Permit" means any permit received from the City's Planning and Development Department to perform the Work on a Housing Unit. "Business Diversity Enterprise Ordinance" or "BDE" means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. "Contract Documents" means, collectively, this document, the Job Order, the General Conditions Attachment A, the Request for Proposals and Contractor's Response to the Request for Proposals, and all other documents that are attached or incorporated herein by reference. "Contractor Personnel" means employees, staff or subcontractors employed or hired by Contractor to perform Work under this Contract. "EPA" means the United States Environmental Protection Agency. "HED Department" means the City's Housing and Economic Development Department. "Housing Unit" means a house owned by a resident of the City of Fort Worth. "HUD" means the United States Department of Housing and Urban Development. Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) RECEIVED AUG 21 2013 OFFICIAL RECORD'' CITY SECRETARY Ft WORTH, TX "Job Order Contract" or "JOC"" is a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity governing agreement for the Work ("Project"). "Job Order" means an itemized list of the Work which contains sufficient detail to determine quantities and quality, and the time for performance. It includes any specifications and drawings required by City together with any change orders approved by City and Contractor. Work on a Housing Unit will be authorized by an individual Job Order on an as -needed basis. See sample Job Order Attachment B. "Lead Safe Housing Rule" means the regulations found at 24 CFR Part 35 subparts B-R. "Lead Safe Work Practices" means the practices represented in the Lead Paint Safety: A Field Guide for Painting, Home Maintenance, and Renovation Work, published by HUD and the EPA, commonly known as the Lead Safety Field Guide. "Owner" means the owner of the Housing Unit. "Request for Proposals" or "RFP" means the Request for Proposals for Cowtown Brush -Up Program, RFP No. 13-0043 issued February 20, 2013 for carpentry and painting services. "Work" means the repair, rehabilitation, alteration and/or services for a Housing Unit required by a Job Order and the Contract Documents, whether completed or partially completed, and which includes all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract Documents ARTICLE 2. SCOPE OF SERVICES A. Contractor agrees to provide the City with exterior painting/preparation and priming of painted surfaces and carpentry services to prepare Housing Units that will be painted as part of the City's Cowtown Brush -Up Program. All Work shall be performed in accordance with Lead Safe Work Practices. B. Contractor shall do everything required by the Contract Documents for each Job Order including furnishing all of the labor, materials and equipment necessary to perform the Work. C. Contractor must perform the Work in accordance with the Building Code and all other relevant City, State and Federal building codes and any other applicable laws, ordinances and regulations. To the extent of conflict between any of the foregoing codes and standards, the more restrictive shall apply. Inconsistencies or conflicts between the Building Code and this Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 2 Contract shall be resolved in favor of the Building Code. If it is necessary to modify this Contract to comply with the Building Code, then the Parties shall execute a written modification of this Contract. D. City will inspect all completed Work before payment to the Contractor is approved. Contractor must repair or replace all Work and materials that do not pass inspection. Such repair or replacement of Work shall be completed within 2 working days from written notification of the need for such repair or replacement by City. If the Work fails to pass final inspection, Contractor will be responsible for any fees associated with the re -inspection as well as any other fees or costs resulting from the failure of the Work to pass final inspection. E. Contractor shall not solicit or contract with occupants or Owners to perform additional work on the Housing Unit for minimum of 6 months after the Work is complete. ARTICLE 3. INSURANCE REQUIREMENTS Contractor shall not commence Work until it has obtained all insurance coverage described in Attachment A and proof of such coverage has been received and approved by City. ARTICLE 4. TIME OF COMPLETION City shall provide Contractor a written Notice to Proceed for each Job Order which states a date for commencement and a date for completion of the Work. Contractor shall complete the Work within the number of calendar days specified in the Job Order. Approved change orders may extend the completion date. The time for completion of the Work is an essential element of this Contract. Contractor acknowledges that failure to complete the Work within the stated number of calendar days may result in suspension or termination of this Contract. ARTICLE 5. TERM OF CONTRACT This Contract shall commence as of the Effective Date and shall automatically expire upon the earlier of the expenditure of $300,000.00 or 1 year from the Effective Date (the "Expiration Date"), if not terminated sooner or extended as described below. No Job Order shall be issued after the Expiration Date. However, any Job Order with Work still in progress, Contractor's obligation to cure or remedy defective Work, and Contractor's warranty and indemnification obligations shall survive the Expiration Date or earlier termination of this Contract. Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 3 This Contract shall be renewable at the City's option for up to 4 additional one-year terms. at a maximum of $300,000.00 each year. If City exercises its option to renew, it will do so by providing written notice to Contractor at least 30 calendar days prior to the Expiration Date. If City exercises a renewal option, the additional term shall be deemed to include this option provision as well as all other terms, conditions and price structures of this Contract unless specifically changed or modified in writing by the Parties. CONTRACTOR AKNOWLEDGES AND AGREES THAT THERE IS NO GUARANTEE THAT A SPECIFIC DOLLAR AMOUNT WILL BE SPENT UNDER THIS CONTRACT. ARTICLE 6. PAYMENT FOR SERVICES A. City shall pay Contractor for each Job Order based on the prices in Attachment C upon City's acceptance of the completed Work and submission by Contractor of a detailed invoice. B. City shall have the unconditional right to withdraw a Job Order at any time so long as it has not issued a Notice to Proceed. If a Job Order is withdrawn, Contractor shall not be entitled to any compensation or reimbursement of any costs incurred by the Contractor for the withdrawn Job Order so long as the City has not yet issued a Notice to Proceed. C. For a Job Order to become effective, it must (1) be signed by City and Contractor, (2) be for a fixed price, lump sum for the Work, (3) be based on the prices in Attachment C, and (4) include a Notice to Proceed. City shall pay Contractor within 30 days of acceptance of Work. Contractor will not be compensated for any Work outside of the scope of a Job Order or this Contract that is not authorized by City in writing. ARTICLE 7. LIENS Contractor shall not place a lien on the Housing Unit and will only look to the City for payment for Work. Placement of a lien on a Housing Unit by Contractor or any subcontractor will be grounds for termination of this Contract for cause. ARTICLE 8. PERMITS AND INSPECTIONS Contractor shall apply for all Building Permits and for any other permits required by a Job Order. Contractor shall be responsible for scheduling all City inspections. Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 4 All necessary inspections by the City's Planning and Development Department for Building Permits must have occurred in order for final inspection of the Work by the City's Housing and Economic Development Department inspectors to be scheduled. Work must pass final inspection by both Planning and Development Department inspectors for Building Permits and Housing and Economic Development Department inspectors for all Contract and federal requirements for the Work. ARTICLE 9. CITY INSPECTION AND ACCEPTANCE OF WORK Inspection and acceptance of any Work shall be as stated in a Job Order in accordance with the Contract Documents. Work must pass visual inspection and/or clearance test as required by federal and state laws and be approved by inspectors from both the Planning and Development Department for Building Permits and the City's Housing and Economic Development Department for all Contract and federal and state law requirements. Work disturbing lead -based paint is not considered complete until a clearance inspection. City reserves the right to perform inspections of the Work at any time, and any inspections performed by City or by others on behalf of City shall be for City's sole benefit. The presence or absence of a City inspector does not relieve Contractor from any Contract requirement, and no inspector is authorized to change any term or condition of the Job Order or of the Contract Documents without the City's written authorization. Quality control for the Work is the responsibility of Contractor. Contractor shall, without charge, replace or correct Work found by City not to conform to the Job Order or Contract requirements unless City consents to accept the Work with an appropriate adjustment in the Job Order price. ARTICLE 10. WARRANTY OF CONSTRUCTION AND MATERIALS Contractor shall warrant that Work conforms to the Job Order and is free of any defect in material, design furnished, or workmanship performed by the Contractor or any of its design professionals, subcontractors or suppliers at any tier. All Work shall be warranted for a minimum of 1 year from the date of final acceptance of the Work. All repairs or replacement shall be at no cost or charge to City or the Owner or occupant, whether or not the materials are guaranteed by the manufacturer or supplier. The warranty shall not be construed to limit or in any way modify any warranties or guarantees placed upon any materials, fixtures or devices by their manufacturers, or any components for which a longer period of warranty is required in this Contract. Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 5 Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 6 ARTICLE 11. DELAYS AND EXTENSION OF TIME Contractor may be granted an extension of time because of change orders, or because of unforeseeable conditions that are deemed by City in its sole discretion as being beyond Contractor's control and which constitute a justifiable delay. Requests for extensions of time must be made in writing no later than 2 calendar days after the occurrence of the delay. Any additional time allowed shall be at no cost to City. Any additional expenses incurred because of Contractor error as deemed by City in its sole discretion, including but not limited to visual clearance inspections. ARTICLE. 12. SUBCONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREAS For procurement contracts $50,000.00 or larger, Contractor agrees to abide by City's policy to involve Minority Business Enterprises ("MBE") and Small Business Enterprises ("SBE") and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement $50,000.00 or larger, and will further require all persons or entities with which it so contracts to comply with said ordinance. Contractor acknowledges the M/WBE goals established for this Contract and Contractor's commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Contractor may result in the termination of this Contract for cause and debarment from participating in any City contracts for not less than 3 years. THE M/WBE GOAL FOR THIS CONTRACT IS 5%. Analysis of whether such M/WBE goal is met will be measured on an aggregate basis for the entire term of the Contract. Contractor is responsible for contacting the City's M/WBE Office to obtain lists of certified MBE firms in order to meet this goal. The MBE firm(s) must be located or doing business in the City's geographic market area at the time of the issuance of al Job Order. The City's geographic market includes Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. The MBE firm(s) must also be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency or the Texas Department of Transportation Highway Division. Contractor shall deliver the monthly MBE reports and supporting documentation to the M/WBE Office which will verify that payments have been made to MBE subcontractors on each completed Job Order. On Job Orders that extend over Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 7 30 days in duration, the M/WBE Office will verify that payments have been made to the MBE subcontractors for work in -place. In addition, it is national policy to award a fair share of contracts to disadvantaged business enterprises (DBEs), small business enterprises (SBEs), minority business enterprises (MBEs), and women's business enterprises (WBEs) as defined by federal statutes and regulations. Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. ARTICLE 13. RELATIONSHIP OF PARTIES Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Contractor, its officers, agents, employees and subcontractors, and the doctrine of respondeat superior has no application as between City and Contractor. ARTICLE 14. NO THIRD PARTY BENEFICIARIES This Contract shall inure only to the benefit of City and Contractor and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Contract. Each Party shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 15. SUSPENSION AND TERMINATION A. Suspension 1. City may suspend the Contract fnr 30 days and no new Job Orders will be assigned if the following occur 3 or more times: a. Contractor fails to provide adequate supervision at the Housing Unit. b. Contractor fails to obtain appropriate permits and inspections. c. Contractor fails to meet all safety requirements in Attachment A. d. Contractor fails to correct deficient work within 2 days as required in Article 2. e. Contractor fails to comply with any term of the Contract Documents. Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 8 2. City shall provide Contractor written notice of each occurrence in which Contractor has failed to comply with the terms of this Contract. After Contractor has been sent 3 written notices, City may send a notice of 30-day suspension or termination of this Contract to Contractor. B. Termination for Convenience City may terminate this Contract without cause with 30 days written notice to Contractor. Termination of this Contract and receipt of payment for services rendered up to the date of notice of termination are Contractor's only remedies for the City's termination for convenience. Contractor waives any claim (other than its claim for payment for services rendered up to the date of notice) it may have now or in the future for financial losses or other damages resulting from the City's termination for convenience. C. Termination for Cause 1. City may terminate this Contract for cause for Contractor's default, failure or inability to perform, failure to comply with any of the terms herein, or for other good cause including substandard work. Substandard work shall be defined as material or workmanship that deviates from or falls short of construction standards and practices. 2. Contractor shall be given written notice specifying the portions of the Contract in which Contractor is in default and will be given 15 days to cure the default. The notice of default shall also state the effective date of termination if the default is not cured. 3. If Contractor has not cured the default within 15 days, then City shall terminate the Contract on the date of termination. Contractor shall stop work on the date of termination. Contractor shall not receive any compensation for any Work performed after the date of termination. D. Termination does not terminate any provisions of this Contract that have been expressly noted as surviving the Contract's term or termination. Termination shall not affect or terminate any of City's existing rights against Contractor or which may thereafter accrue because of Contractor's default. E. Unless otherwise specified elsewhere in this Contract, the rights and remedies contained herein are not exclusive, but are cumulative of all rights and remedies which exist now or in the future. Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 9 ARTICLE 16. WAIVER No waiver by either Party of any default or breach of any term, covenant or condition of this Contract shall operate as a waiver of any future breach or other default, whether of a like or different character or nature. ARTICLE 17. SEVERABILITY If any part of this Contract is for any reason found to be unenforceable, all other parts remain enforceable unless the result materially prejudices either Party. . ARTICLE 18. WRITTEN AGREEMENT ENTIRE CONTRACT This written instrument and the Attachments and Exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitutes the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and must be executed by each Party to this Contract. ARTICLE 19. GOVERNING LAW AND VENUE This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Texas. The Parties agree that any action with respect to this Contract may only be brought in a court of competent subject matter jurisdiction located in Tarrant County, Texas. ARTICLE 20. INDEMNIFICATION CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT, WHETHER SUCH CLAIMS ARISE OUT OF CONTRACT OR TORT, SUITS FOR PROPERTY, WHETHER REAL OR PERSONAL, LOSS OR DAMAGE, PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 10 INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY; AND CONTRACTOR DOES HEREBY COVENANT AND AGREE TO ASSUME ALL LIABILITY AND RESPONSIBILITY OF THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CONTRACTOR AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, D %lvIAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 11 ARTICLE 21. SURVIVAL Contractor shall remain obligated to City under all clauses of this Contract that expressly or by their nature extend beyond termination of this Contract, including but not limited to the warranty and indemnity provisions. ARTICLE 22. LITIGATION AND CLAIMS Contractor shall give City immediate notice in writing of any action, including any proceeding before an administrative body, filed against Contractor in conjunction with this Contract. Contractor shall immediately furnish to City copies of all pertinent papers received by Contractor with respect to such action or claim. Contractor shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. ARTICLE 23. CHANGES AND AMENDMENTS TO LAW Any changes in the terms of this Contract which are 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 changes to the terms of this Contract shall be by amendment hereto in writing executed by the Parties. ARTICLE 24. PARAGRAPH HEADINGS FOR REFERENCE ONLY; NUMBER The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When the context requires, singular nouns and pronouns include the plural. ARTICLE 25. CONTRACT CONSTRUCTION The Parties acknowledge that each Party and, if it so chooses, its counsel has 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 shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 2013) 12 IN WITNESS WHEREOF, City and the Contractor have each executed and dated this instrument through its duly authorized officers or agents in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. CONTRACTOR By: �)Q A o�,o Its: PA o)no_,�I (Tittle) Date?!) CITY: By: --71.e».4 Fernando Costa, Assistant City Manager Date: 8,/ z / �3 r, City Secr- ry M&C C-26332 Date: 7/16/13 APPROVED AS TO LEGALITY: By: l.0 Vicki Ganske, Senior Assistant City Attorney FORM AND Cowtown Brush -Up Program Contract with Tarrant Paint &Stain LLC (July 201 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Attachment A GENERAL CONDITIONS COWTOWN BRUSH -UP SERVICES I. SCOPE Contractor shall provide all labor, equipment and materials necessary to perform and complete the Work as described in each Job Order. All Work must be performed using Lead Safe Work Practices as defined by HUD and EPA. The services include, but are not limited to, exterior painting/preparation and priming of painted surfaces and carpentry services. Words used in this Attachment shall have the same meaning as in the Contract unless otherwise defined herein. Standard working hours for this Contract are 7:30 a.m. to 5:00 p.m., CST Monday through Friday, unless alternate standard hours are agreed to in writing for an individual Job Order. II. CONTRACTOR AND CONTRACTOR PERSONNEL QUALIFICATIONS, A. Contractor shall familiarize itself with the quality and quantity of work to be performed and the materials and equipment required. Contractor shall execute the Work in a good and workmanlike manner. City shall have the right to have Contractor Personnel removed from the job who are not performing their services in a workmanlike manner. B. Contractor certifies that Contractor Personnel are licensed, certified (if applicable) and trained to perform the Work. Contractor shall provide proof of all applicable licenses and certificates for Contractor Personnel and shall maintain all current licenses or certifications for inspection by City at any time during the Term of this Contract. C. Contractor and any subcontractors may not be debarred or suspended from performing work by any local, state or federal agency. If Contractor or any Contractor Personnel have been debarred, ebarred, suspended or are not properly licensed or certified, this Contract shall automatically terminate. D. City shall have no responsibility or liability to determine the legitimacy, quality, ability or good standing of Contractor Personnel. III. SECURITY AND INDENTIFICATION A. All Contractor Personnel shall be legally authorized to work in the United States of America. If requested, Contractor shall provide 1-9 forms for each individual assigned to the Contract, and documentation supporting Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A the submission of said forms. If requested, Contractor shall provide any "No -Match" letters from the Social Security Administration. B. If requested, a complete list of Contractor Personnel, including driver's license and social security numbers, will be provided to City. The same information shall be provided prior to the assignment of a new employee if requested by City. C. Contractor shall issue identification badges to Contractor Personnel identifying the worker and such identification badge shall be visibly worn at all times during the performance of Work. In addition, Contractor Personnel and any subcontractors shall wear uniforms which identify their employer. IV. INTOXICANTS AND ILLEGAL DRUGS The use of any kind of intoxicants or illegal drugs by Contractor Personnel while performing Work or Contractor Personnel bringing intoxicants or illegal drugs onto the Work site shall constitute grounds for termination of this Contract for cause by City. V. BACKGROUND INVESTIGATIONS Contractor shall perform a criminal background check on all Contractor Personnel prior to them entering a Housing Unit or performing any Work. Contractor shall ensure that no Contractor Personnel with criminal convictions, felonies or pending criminal hearings will be assigned to perform Work under this Contract. If requested, Contractor shall provide copies of background checks on Contractor Personnel. VI. DRUG SCREENING Contractor shall perform drug screenings of all Contractor Personnel and if requested, shall provide certification that all Contractor Personnel are drug free prior to their assignment. Additional drug screening may be requested by City, and Contractor shall have such testing performed at Contractor's cost. VII. INSURANCE REQUIREMENTS A. Basic Coverage Lines and Applicable Policy Limits. Insurance coverage(s) required herein are intended to respond to occurrences which may arise from services and/or goods related to this Contract. Contractor shall carry insurance in the types and amounts for the duration of this Contract as listed below, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof: Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A 1. Commercial General Liability ("CGL") Insurance $1,000,000 Each Occurrence $2,000,000 Aggregate Limit The CGL policy shall be the primary insurance with respect to any other insurance afforded the City. It shall have no exclusions or endorsements that would alter or nullify premises/operations, products/completed operations, contractual, personal injury or advertising injury which are normally contained within the policy unless City approves such exclusions in writing. 2. Automobile Liability $1,000,000 each accident on a combined single -limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy Coverage shall be endorsed to cover "Any Auto" defined as autos owned, hired and non -owned. Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. 3. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 Each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' outlined coverage with limits consistent with statutory benefits in the Texas Workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. Note: Such insurance shall cover employees performing Work including but not limited to construction, demolition, and rehabilitation. Contractor or its subcontractors shall maintain coverages, if applicable. In the event a subcontractor does not maintain coverage, Contractor shall maintain the coverage on such Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A subcontractor, if applicable, for each subcontract. B. Certificates of Insurance and Endorsements effecting coverage required by this Section shall be forwarded to the following: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 City of Fort Worth Housing and Economic Development Department Cowtown Brush -Up Program 1000 Throckmorton Street Fort Worth, Texas 76102 C. Additional Insurance Requirements 1. Where applicable, insurance policies required herein shall be endorsed to include the City as an Additional Insured as its interest may appear. Additional insured parties shall include officers, employees, agents and volunteers of City. This requirement does not apply to Workers' Compensation or Automobile policies. 2. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 3. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of City's Risk Management Division. If the rating is below that required, written approval of the City's Risk Management Division is required. 4. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 5. Unless otherwise stated, all required insurance shall be written on the occurrence basis. If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the Contract and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for 5 years following completion of the service provided under the Contract or for the warranty period, whichever is longer. An annual certificate of insurance submitted to City shall evidence such insurance coverage. 6. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A unless such endorsements are approved by City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires Contractor to obtain such coverage, the Contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 7. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be acceptable to and approved by the City's Risk Management Division in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved by Risk Management. 8. Any deductible in excess of $5,000.00 for any policy that does not provide coverage on a first -dollar basis must be acceptable to and approved by the City's Risk Management Division. 9. City, at its sole discretion, reserves the right to review the insurance requirements of this Section during the term of the Contract and to modify insurance coverages and their limits when deemed necessary and prudent by the Risk Management Division based on economic conditions, recommendations of professional insurance advisors, changes in statutory law, court decisions, claims history of the industry as well as of the Contractor to the City of Fort Worth, or other relevant factors. City shall provide 90 days prior notice of changes to these insurance requirements. 10.The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the party or the underwriter on any such policies. 11.Any failure on City's part to request certificates of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. 12.In conjunction with the aforementioned requirements, Contractor must provide the same insurance coverage for any subcontractors employed within the scope of this Contract. 13.Any failure on part of City to request certificates of insurance shall not be construed as a waiver of such requirement or as a waiver of the issuance requirements themselves. VIII. COST FOR WORK PERFORMED Contractor will perform the Work for the prices shown on Attachment C. Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A IX. GENERAL WARRANTY Contractor warrants that all labor and materials are of the type and grades specified in the RFP and that labor has been performed in a standard manner. Contractor shall, without cost to the Owner or to City, remedy any defect due to faulty material or workmanship and pay for all damage to other work resulting therefrom, which appear within 1 year from final payment. Contractor shall furnish Owner all manufacturers' and suppliers' written warranties covering items furnished under this Contract prior to release of the final payment. X. COMPLIANCE WITH FEDERAL LAW A. The Project is subject to the Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA) as supplemented by Department of Labor regulations at 29 CFR Part 5. FLSA sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. CWHSSA sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours per week. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS. B. The Project is assisted in whole or in part by Community Development Block Grant ("CDBG") funds and any Job Order will be subject to the following federal laws including, but not limited to: Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations"). - Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.). Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24. Title Vi of the Civil Rights Act of 1964 (42 USC 2000d et seq.). - Title Vlll of the Civil Rights Act of 1968 (42 USC 3601 et seq.). Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60. The Age Discrimination in Employment Act of 1967 (29 USC 621 et seq.). The Age Discrimination Act of 1975 (42 USC 6101 et seq.). Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable. Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.). National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58. The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any portion of the CDBG funds provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees. Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F. Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons. Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. Copeland "Anti -Kickback " Act (18 USC 874 et seq.) as supplemented in 29 CFR Part 5 Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995). Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R United States Department of Labor — Occupational Safety and Health Administration ("OSHA") :Lead Exposure in Construction Regulations, 29 CFR Part 1926.62 C. Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. Sections 1701 et seq.) and its related reaulations at 24 CFR Part 135 - The work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the United Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A States Department of Housing and Urban Development ("HUD"), Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low- and very -low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b)." Section to be quoted in covered contracts ends. City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Project binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. In order to comply with the Section 3 requirements, Contractor must report the following information to City. 1. Report to City quarterly all applicants for employment and all applicants for employment for any subcontractors. This report shall include name, address, zip code, date of application, and status as hired/not hired as of the date of the quarterly report. 2. Advertise available positions to the public for open competition and provide documentation to City with the quarterly report that demonstrates such open advertisement in form of a printout of Texas Workforce Commission posting, copy of newspaper Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A advertisement, copy of flyers and listing of locations where flyers were distributed. 3. Report to City quarterly all contracts awarded to subcontractors. This report shall include name of subcontractor, address, zip code and amount of contract as of the date of the report. D. Contractor covenants and agrees that its officers, agents, employees and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG funds are granted and any applicable provisions of the CDBG Regulations. E. All information and data arising from the work performed under this Contract shall be the property of the City and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Contractor shall release and provide to City or its authorized designee all information and data related to performance under this Contract. Contractor shall not limit or attempt to limit access to information or data by the City nor shall Contractor obtain or attempt to obtain a copyright to such information or data. Contractor understands and agrees that data may be released to third parties, including but not limited to HUD at the sole discretion of City. F. In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall, at the sole discretion of the City, be assigned to City upon demand. City retains all rights to intellectual property developed in the course of this Contract. G. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall, at the sole discretion of City, be assigned to City upon demand. H. City, HUD, and the United States Comptroller General, or their respective representatives, shall have access for 4 years following the termination of this Contract 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 of Contractor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A All records pertaining to Contract, including but not limited to any books, documents, and papers, shall be retained for 4 years following the termination of this Contract. Contractor may destroy Project records at the end of this 4 year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. Xl. NONDISCRIMINATION A. Contractor, in the execution, performance or attempted performance of this Contract, shall comply with all non-discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Contractor may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Contractor permit its officers, agents, employees, or clients to engage in such discrimination. B. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, agents, employees or subcontractors. C. During the performance of this Contract, Contractor agrees to the following provision, and will require that its subcontractors also comply with such provision by including it in all contracts with its subcontractors: [Contractor or Subcontractor's name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor or Subcontractor's name] will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be 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 Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A apprenticeship. [Contractor or Subcontractor's name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor or Subcontractor's name] will, in all solicitations or advertisements for employees placed by or on behalf of [Contractor or Subcontractor's name], state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor or Subcontractor's name] covenants that neither it nor any of its officers, members, agents, employees, or contractors, 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 or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Contractor or Subcontractor's name] further covenants that neither it nor its officers, members, agents, employees, contractors, 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. Contractor covenants that neither it nor any of its officers, agents, employees, 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 bona fide occupational qualification, retirement plan or statutory requirement. E. Contractor further covenants that neither it nor its officers, agents, employees, subcontractors, 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. F. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A 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 conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. CONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR SUBCONTRACTORS 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. XII. PERFORMANCE Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. XIII. CHANGE IN COMPANY NAME OR OWNERSHIP Contractor shall notify City in writing of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized agent must sign the letter. Failure to do so may adversely impact future invoice payments. XIV. PURCHASING TERMS AND CONDITIONS The City's Standard Purchasing Terms and Conditions as promulgated by the City's Purchasing Division shall apply to the Contract. XV. REPAIR OF DAMAGE AND DEBRIS REMOVAL A. Contractor is responsible for repairing any damage to utility lines that may occur during the course of performing its duties under this Contract. Contractor shall repair and/or replace sod, shrubbery, sidewalks, driveways, etc. that are damaged during its performance of this Contract. Sod and shrubbery must be replaced with the same type and condition as that which was damaged. B. Contractor at Contractor's sole costs shall repair all surfaces damaged by Contractor as a result of the Work whether inside or outside of the Housing Unit. Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A C. Under no circumstances shall the Contractor leave construction debris (paint chips, nails, lumber, etc.) on the property on which the Housing Unit is located. Contractor is responsible for properly disposing of all construction debris. Any materials, fixtures or equipment belonging to Owner or the occupant which are removed and not reinstalled shall be removed from the Housing Unit. XVI. SUPERVISION Contractor shall, during all periods of Contract performance, provide competent supervision of Contractor Personnel to assure complete and satisfactory fulfillment of the Work and the terms of this Contract. Contractor or a capable, fully authorized representative must be present on each job site at all times. An exception will be allowed only if the Contractor fully authorized representative leaves for no more than 2 hours a day, the absence is directly related to the Work being performed on the job site and the Contractor or fully authorized representative is immediately available during all Work activities. If the Contractor or fully authorized representative is required to be absent from the job site for more than 2 hours in a work day, City must be notified prior to exceeding the time limit. Failure to provide competent supervision, as determined the City, shall be an event of default under this Contract. XVII. SAFETY Contractor shall be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but not limited to EPA regulations, City Ordinances, and OSHA regulations. In addition, Contractor shall be wholly responsible for instructing Contractor Personnel in these safety measures and seeing that they are in full compliance. XVIII. HAZARDS Contractor shall not permit the placement or use of equipment or materials in such manner as to block traffic lanes or to create safety hazards. Contractor Personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage other vehicles and through passage of other vehicles and personnel, even to the point of interrupting the Work, if necessary. XIX. DEFECTIVE WORK AND DAMAGES A. Contractor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any Housing Unit caused by its activities at no cost to the City or Owner or any occupant. Restoration and correction shall be to City's complete satisfaction in its sole discretion. This shall apply to any part of a Housing Unit, its appurtenances, the Attachment A (July 2013) Cowtown Brush -Up Program —Tarrant Paint &Stain LLC Attachment A adjacent yard or grounds, or any other tangible damage incurred in the performance of the Contract. B. Failure by Contractor to proceed promptly with corrective actions shall be cause for termination of this Contract with amount(s) necessary to correct defective Work and/or damage being withheld from payments due or to become due to the Contract. XX. INSPECTIONS AND PERMITS Contractor shall apply for and obtain all Building Permits prior to performing the Job Order with the City's Planning and Development Department for all Work requiring a permit. Contractor shall arrange for inspections and inform the City's Housing and Economic Development Department as to the date and time of any inspection. All permits shall be billed as pass through cost with no mark-up and listed as a separate line item on invoice. Contractor must provide proper documentation with each invoice in order to support payment of cost of the permit. Failure to provide the supporting documentation will result in non-payment of permit expenditure. XXI. LEAD -BASED PAINT REQUIREMENTS A. Contractor shall comply with the requirements of the Lead Safe Housing Rule when performing the Work. Work that disturbs any lead -based paint is not considered complete until a clearance inspection is achieved. B. Contractor must handle disposal of wastes from hazard control activities that contain lead -based paint, but are not classified as hazardous, in accordance with State or local law or the HUD Guidelines. XXII. ADDITIONAL REQUIREMENTS FOR WORK A. Contractor shall protect Owner's or occupant's household goods and property from damage or loss during Work, and maintain same in as good condition as before Work started. B. Contractor's equipment shall include all tools needed to accomplish the scope of work. Contractor Personnel must wear NIOSH Respirators when performing preparation work. Workers must wear disposable clothing covers during preparation work. C. GENERAL REQUIREMENTS: The quantities provided will be approximates of the minimum scope of work required to adequately complete the job. All quantities shall be field verified by Contractor prior to commencing work. Unless the HED Department is notified prior to the commencement of work, Contractor agrees to complete the Work without claims for additional work based upon discrepancies in quantities. Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A • All paint must be lead free. All surfaces must be clean and dry. Contractor shall : o Remove loose, blistered, scaling, deteriorated paint. o Secure loose materials, set nails, fill holes, wall dents and cracks with appropriate filler materials. o Paint when temperatures are 40-100 degrees Fahrenheit. o Ensure that all painting has no show -through, runs, sags or brush marks. o Ensure that all unpainted hardware remains paint free. o Ensure that windows are not painted shut. o Remove all construction materials and debris from site. o Sweep clean all exterior work areas. o Rake yards to remove all paint chips and nails. E. PREP -PAINT EXTERIOR WOOD: Cover ground with drop cloth. Scrape all loose, cracked, peeling and blistered paint. Dispose of chips properly. Rinse all surfaces with a hose. Caulk and fill holes.- Latex Caulk with silicone, 30 years durability, must meet or exceed ASTM. Apply Kilz#2 primer. Apply Primer Coat (s). F. SIDING: GENERAL REQUIREMENTS: Hang or repair siding in accordance with manufacturer's recommendations. Break, stager seams over studs with a minimum of seams. Conform to State and Federal requirements for ladder and scaffold operations. Conform to requirements in the scope of services indicated for this bid. G. CEMENT SHINGLE\ TILE SIDING REPLACE: Remove damaged siding shingles and install in accordance with manufactures recommendations. Stagger joints in adjacent pieces. H. SIDING CLAPBOARD REPLACE/105-5": Remove damaged siding to the joint over nearest stud. Apply matching pine siding to walls with galvanized nails. Break all seams over studs. I. SIDIN� CLAPBOARD R`PL„C`/105-7 . Remove damaged siding to the joint over nearest stud. Apply matching pine siding to walls with galvanized nails. Break all seams over studs. J. SIDING CLAPBOARD REPLACE/117: Remove damaged siding to the joint over nearest stud. Apply matching pine siding to walls with galvanized nails. Break all seams over studs. Apply a primer. K. SIDING-T-1-11 REPLACE: Install rough sawn fir, 3/8" thick, factory stained, T1-11 siding sheets, including 1"x 3" trim at corners. Use lap flashing on horizontal seams. Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A L. WINDOW SILL: Dispose of window sill and install preservative treated pine sill of matching dimensions. Caulk all joints and prime. M. LUMBER-1" X 2": Install a 1"x 2", #2 pine fascia with bevel cut joints using galvanized finish nails. Caulk over joints, and prime. N. LUMBER-1" X 4": Install a 1"x 4", #2 pine fascia with bevel cut joints using galvanized finish nails. Caulk over joints, and prime. 0. LUMBER-1" X 6": Install a 1"x 6", #2 pine fascia with bevel cut joints using galvanized finish nails. Caulk over joints, and prime. P. LUMBER-1" X 8": Install a 1"x 8", #2 pine Fascia with bevel cut joints using galvanized finish nails. Caulk over joints, and prime. Q. Specify Contractor's cost plus (+) markup for equipment, parts and materials & labor and supplies not specified or mention in Contractor's Response to Bid. bid: Contractor shall submit Parts/Materials/Labor at List Price plus (+) % (markup). Contractor must submitted invoices for services from subcontractors and or supply houses. This will enable the HED to verify the percent mark-up by the contractor. R. Hourly Labor Rate for Carpentry Services and related work shall include trip charge, travel time, mileage, transportation cost and parking fees. The labor rate shall start upon arrival at the Housing Unit. S. Contractor shall not enter into any side agreements with Owner or occupant for any additional work, changes to the Work or materials over and above those specified in this Contract and the Job Order. Any additional Work or changes to the Work shall be performed only pursuant to change orders approved in writing by City. XXIV. SUBCONTRACTING AND ASSIGNMENT, A. Contractor will not assign 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. Contractor shall not subcontract more than 25% of the Work to be performed pursuant to this Contract without the prior written approval of the City. C. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Contractors and any subcontractors engaged in any activity that is funded under this Contract prior to any charges being incurred. D. Contractor understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all subcontractors which are in any way paid with funds from this Contract or who perform any Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC Attachment A Work. Contractor shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder. Contractor shall monitor the services and work performed by its subcontractors on a regular basis for compliance with the Contract provisions. Contractor is liable for all violations of any applicable federal or state regulations or of any other applicable laws, ordinances or rules, committed by its subcontractors. City maintains the right to insist on Contractor's full compliance with the terms of this Contract and Contractor is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Contractor or by its subcontractors. City will consider Contractor to be the sole point of contact with regard to contractual matters. Attachment A (July 2013) Cowtown Brush -Up Program — Tarrant Paint &Stain LLC ATTACHMENT B SAMPLE WORK ORDER CTBU October 2013-Tarrant Paint Stain First Name Last Name ifi (5 .a -a Q x i 0_ St Name: Type 1 a N N C s n H PREP/PAINT CEMENT TILE/SIDI PREP -PAINT EXTERIOR WOOD SIDING HARDBOARD CEMENTIOUS MASONITE SHINGLES SIDING CLAPBOARD REPLACE/117 or 105 Hardi Board 12" or 14" SIDING-T-1-11 REPLACE WOOD SHEET WINDOW SILL DOOR SILL N X Q U Q tL FASCIA-1" X 4": O X Q U (1)U) c Q LL Unit Price $1.50 $1.62 $12.50 $3.00 $4.25 $3.00 $4.00 $10.50 $10.50 $3.00 $3.00 $3.00 SQ FT SQ FT EACH LF LF SQ FT SQ FT LF LF LF LF LF Estimated Total 1 John 2 John 3 John 4 John 5 John 6 John 7 John Brazos Spiller Arnold Asbury Avenue L Blackmore Bright $ John Doe 1600 Burchill 9 John Doe 1600 Childress 10 John Doe 1600 Como 11 John Doe 1600 Eastland 12 John Doe 1600 Eastover 13 John Doe 1600 S Hughes 14 John Doe 1600 Lisbon 15 John Doe 1600 Lorin 16 John Doe 1600 Moresby 17 John Doe 1600 Prospect 18 John Doe 1600 Prospect 19 John Doe 1600 E Ramsey 20 John Doe 1600 Refugio 21 John Doe 1600 Vinetta 22 John Doe 1600 Ross 23 John Doe 1600 Tahoe 24 John Doe 1600 Crouch 25 John Doe 1600 N Nichols 26 John Doe 1600 Geddes 27 John Doe 1600 E Davis 28 John Doe 1600 Conroy 29 John Doe 1600 Coleman 30 John Doe 1600 Norris 31 John Doe 1600 Vogt 32 John Doe 1600 6th 33 John Doe 1600 E Mulkey Doe Doe Doe Doe Doe Doe Doe 1600 1600 1600 1600 1600 1600 1600 Ave 76116 St 76105 Ct 76111 Ave 76119 76105 Ave 76107 St 76119 Rd S 76105 817-392-7540 817-392-7540 817-392-7540 817-392-7540 -350 817-392-7540 817-392-7540 817-392-7540 817-392-7540 -1300 -1250 67 9 99 206 24 $ 3,810.50 25 9 15 3 18 33 $ 2,556.50 1300 433 4 165 4 $ 3,954.00 950 5 435 16 127 24 $ 4,052.50 1200 145 188 175 $ 3,468.00 1100 396 83 8 $ 3,243.00 1300 526 150 $ 4,134.00 1400 420 4 108 28 $ 3,978.00 St 76119 817-392-7540 -575 1100 157 176 8 $ 3,887.50 Dr 76107 817-392-7540 900 622 3 39 $ 3,472.50 St 76119 817-392-7540 1150 53 28 7 45 $ 2,262.00 Ave 76119 817-392-7540 1400 288 7 6 50 9 $ 3,400.50 Ave 76119 817-392-7540 1300 517 70 152 27 $ 4,404.00 St 76107 817-392-7540 1300 12 18 5 86 21 $ 2,550.00 Ave 76105 817-392-7540 1200 258 153 $ 3,177.00 St 76105 817-392-7540 -1200 64 18 101 10 $ 3,122.00 Ave 76106 817-392-7540 -1450 60 14 59 120 $ 3,518.00 Ave 76106 817-392-7540 -1150 143 8 $ 2,356.75 Ave 76104 817-392-7540 -1100 450 26 214 4 75 11 $ 3,646.00 Ave 76164 817-392-7540 -1600 284 20 86 60 $ 4,105.00 Dr 76119 817-392-7540 1250 350 15 14 122 14 $ 3,682.50 Ave 76164 817-392-7540 1500 102 121 4 3 151 $ 3,599.50 Dr 76119 817-392-7540 1300 256 4 77 61 $ 3,300.00 Ave 76105 817-392-7540 1500 240 126 68 166 2 $ 4,362.00 St 76106 817-392-7540 -1200 38 4 116 1 $ 2,668.00 Ave 76107 817-392-7540 1100 336 46 238 16 $ 3,690.00 Ave 76104 817-392-7540 1400 257 4 24 $ 3,127.00 St 76134 817-392-7540 700 9 80 182 181 $ 2,570.00 Ave 76105 817-392-7540 1350 718 71 $ 4,554.00 St 76105 817-392-7540 1500 457 7 1 3 $ 3,883.50 St 76105 817-392-7540 -1250 24 19 1 18 58 $ 2,602.50 Ave 76104 817-392-7540 -1500 68 6 1 112 9 $ 2,965.00 St 76104 817-392-7540 1400 1 60 150 106 $ 3,216.00 Permit $ 3,868.59 $ 117,186.34 ATTACHMENT C PRICE SHEET RFP #13-0043 CTBU-Price Sheet MIL ATTACHMENT C FINAL PRICE SHEET RFP # 13-0043 ITEM 1. PREP -PRIMER EXTERIOR SIDING -WOOD: wet srap and prep 2. PREP -PRIMER EXTERIOR CEMENT TILE/SIDING: wet-scrap/prep 3. CEMENT SHINGLE\TILE SIDING: remove & and install new 4. HARDY BOAD SIDING "4X8" SHEETS: Remove & Install new 5. HARDY BOARD SIDING 1/2" X 12": Remove & Install new 6. SIDING CLAPBOARD REPLACE\105" Remove & Install new 7. SIDING CLAPBOARD REPLACE\107" Remove & Install new 8. SIDING-T-11 REPLACE: Remove & Install new 9. WINDOW SILL: Remove & Install new 10. LUMBER-1 X 6 #2 PINE FASCIA: Remove & Install new 11. LUMBER-1 X 8 #2 PINE FASCIA: Remove & Install new 12. LUMBER-1 X 4 #2 PINE FASCIA: Remove & Install new 13. LUMBER-1 X 2 #2 PINE FASCIA: Remove & Install new 14. LUMBER 2 X 4 STUD: Remove & Install new 15. LUMBER 2 X 6 STUD: Remove & Install new 16. LUMBER 2 X 8 STUD: Remove & Install new 16. LUMBER- 1\2 PLYWOOD: Remove & Install new 17. LUMBER- 1\4 PLYWOOD: Remove & Install new HOURLY LABOR RATE FOR CARPENTRY SERVICES: COST PLUS (+) MARK UP % UNIT TARRANT PAINT AND STAIN LLC SQFT LF LF LF sq.ft. LF LF LF LF LF LF LF LF SQFT Materials I Labor I TOTAL $ 0.25 $ 1.37 $ 1.62 $ 0.25 $ 1.25 $ 1.50 $ 7.00 $ 5.50 $ 12.50 $ 1.25 $ 3.00 $ 4.25 $ 1.22 $ 3.00 $ 4.22 $ 1.20 $ 1.80 $ 3.00 $ 1.20 $ 1.80 $ 3.00 $ 0.50 $ 2.50 $ 3.00 $ 1.00 $ 9.50 $ 10.50 $ 1.00 $ 2.00 $ 3.00 $ 1.00 $ 2.00 $ 3.00 $ 1.00 $ 2.00 $ 3.00 $ 1.00 $ 2.00 $ 3.00 $ 0.45 $ 3.00 $ 3.45 $ 0.55 $ 3.00 $ 3.55 $ 0.85 $ 3.00 $ 3.85 $ 1.25 SQFT $ 1.35 10% $ 2.75 $ 4.00 $ 2.65 $ 4.00 $ 35.00 $ 35.00 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/16/2013 DATE: Tuesday, July 16, 2013 REFERENCE NO.: **C-26332 LOG NAME: 17COWTOWN BRUSH -UP PROGRAM VENDOR CONTRACT SUBJECT: Authorize Contract with Tarrant Paint & Stain, LLC, for Cowtown Brush -Up Program Painting and Preparation Services (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a contract with Tarrant Paint & Stain, LLC, for Cowtown Brush -Up Program Painting and Preparation Services for a term of one year with four one-year renewal options, in the amount up to $300,000 per year, for a total amount up to $1,200,000.00; and 2. Authorize the City Manager to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with City policies and applicable laws and regulations governing the use of federal funds. DISCUSSION: The Housing and Economic Development Department manages the Cowtown Brush -Up Program (Program). Under the Program, the City prepares a home owned by an income eligible resident for painting. In order to prepare the home for painting, the City must obtain painting and preparation services which include scraping of loose and flaking paint, replacement of rotted trim, window trim, sills, fascia board, soffits, damaged wood siding and a coat of primer. The City then partners with Trinity Habitat for the home to be painted by its volunteers. The Program paints approximately 100 houses each year. In order to operate the Program, the City Council has allocated the amount of $300,000.00 in Community Development Block Grant funds. In order to be eligible to participate under the program, the home must be owner occupied, located within the City limits and the total household income cannot exceed 35 percent of Area Medium Income. RFP ADVERTISEMENT - The Request for Proposal was advertised in the Fort Worth Star -Telegram on February 20, 2013, February 27, 2013, March 6, 2013, March 13, 2013 and March 20, 2013. Two hundred -eight vendors were solicited from the purchasing database; six responses were received. Staff recommends entering into a contract with Tarrant Paint and Stain, LLC, for a term of one year with four one-year renewal options in the amount up to $300,000 per year for a total contract amount up to $1,200,000.00. M/WBE - Tarrant Paint and Stain, LLC, is in compliance with the City's BDE Ordinance by committing to 5 percent MBE participation on this project. The City's MBE goal on this project is 5 percent. Other bidders were non -responsive due to non-compliance with the BDE Ordinance goal requirements. Staff certifies Logname: 17COWTOWN BRUSH -UP PROGRAM VENDOR CONTRACT Page 1 of 2 that the recommended vendor meets the BDE Ordinance goal requirements. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget and will be available in future year budget, as appropriated, of the Grants Funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: FROM Fund/Account/Centers GR76 539120 017206280610 GR76 539120 017206650XXX Fernando Costa (6122) Cynthia Garcia (8187) Joe Cordova (7332) ATTACHMENTS 1. available funds.PDF (CFW Internal) 2. Cowtown Brush Uo Proaram Compliance Memo.odf (CFW Internal) $137.935.72 $162,064.28 Logname: 17COWTOWN BRUSH -UP PROGRAM VENDOR CONTRACT Page 2 of 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/12/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER Tri-Star Insurance Professionals, Inc. 4949 Hedgcoxe Rd Suite 250 Plano INSURED Tarrant Paint & Stain, LLC 6613 Richardson TX 75024 CONTACT Erin Luhring PHONE F,,il• (214) 387-0600 ADDRESS: eluhring@tristarins.com INSURER(S) AFFORDING COVERAGE INSURER AAIDCO (Allied Property IAIC FAX . No): (214)387-0606 NAIC # & 42579 INSURERB:SerViCe Lloyds Insurance and INSURER C INSURER D : INSURER E : Watauga TX 76148 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1292801972 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X I POLICY I I PFt,O.T I I LOC AUTOMOBILE LIABILITY A A X ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED I I RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABIL TY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE NIA ACP7205897662 ACP7205847662 ACP7205847662 SRZD26724-12 9/28/2012 9/28/2013 9/28/2012 9/28/2013 9/28/2012 9/28/2013 9/28/2012 9/28/2013 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The Certificate Holder is included as an Additional Insured. CERTIFICATE HOLDER City of Fort Worth Housing and Economic Development Dept Cowtown Brush- Up 1000 Throckmorton Street Fort Worth, TX 76102 CANCELLATION EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) IMED EXP (Any one person) I PERSONAL & ADV INJURY GENERAL AGGREGATE I PRODUCTS - COMP/OP AGG $ $ COMBINED SINGLE LIMIT (Ea accident) $ I BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ IPPer accideROPERTY DAMAGE (nt) $ EACH OCCURRENCE $ (AGGREGATE $ $ X (TORY LIMITS I OER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,0001 1,000,000 1,000,000 1,000,0001 1,000,0001 1,000,0001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE John Coyle/LORI ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 mmnnsi nt Thom. Gr:C P l Hama anti Innn ara ranictararl markc of Gr:r1Rr1