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CITY OF FORT WORTH
JOB ORDER CONTRACT (JOC) SERVICES CONTRACT
LEAD-SAFE 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 Integrity Texas Construction, LTD, authorized to do business in the State of Texas
("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
"AbatemenY' means a measure or set of ineasures designed to permanently eliminate lead-
based hazards or lead-based paint. Abatement strategies include the removal of lead-based
paint, Enclosure, Encapsulation, replacement of building components coated with lead-based
paint, removal of lead-contaminated dust, and removal of lead-contaminated soil or overlaying af
soil with a durable covering such as asphait (grass and sod are considered Interim Control
measures}. All of these strategies require preparation; cleanup; waste disposal; post-Abatement
clearance testing; recordkeeping; and, if applicable, monitoring.
"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 Invitation to Bid and Contractor's Response to Invitation to Bid, 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.
"Encapsulation" means any covering or coating that acts as a barrier between lead-based paint
and the environment, the durability of which relies on adhesion and the integrity of the existing
bonds between multiple layers of paint and between the paint and the substrate.
"Enclosure" means the use of rigid, durable construction materials that are mechanically
fastened to the substrate to act as a barrier between the lead-based paint and the environment.
"EPA" means the United States Environmental Protection Agency.
"EPA's Renovation, Repair and Paint Rule" or "RRP Rule" means 40 CFR Part 745, as
amended from time to time.
Lead-Safe Program Contract with Integrity Texas Construction, �T�. (March 2013)
6F�����►�- ������ R E C E I V E D�P� 2 2 2D i�
CIiY SECR'E'�'ARl�
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"Nousing UniY' means a residential unit occupied by a household e�igible for services under the
City`s �ead-Safe Program and includes the real property on which the Housing Unit is located.
"Interim Controls" means a set of ineasures designed to temporarily reduce human exposure or
possible exposure to lead-based paint hazards. Such measures include, but are not limited to,
specialized cleani�g, repairs, maintenance, painting, temporary containment, and the
establishment and operation af management and resident education programs. Monitoring,
conducted by owners, and reevaluations, conducted by professionals, are integral elements of
Interim Control. Interim Controls include dust removai; paint film stabilization; treatment of friction
and impact surtaces; installation of soil coverings, such as grass or sod; and land use controls.
Interim Controls that disturb painted surfaces are renovation activities under EPA's Renovation,
Repair and Painting Rule.
"HUD" means the United States Department of Housing and Urban Development.
"HUD Guidelines" means the U,S, Department of Housing and Urban Development Guidelines
for the Evaluation of Lead-Based Paint Hazards in Housing, Second Edition, July 2012, as may
be amended from time to time.
"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 su�icient 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.
"Owner" means the owner of the Housing Unit to be abated.
"Request for Proposals" or "RFP" means the Request for Proposals for �ead Demonstration
Grant RFP No. 12-0263 issued October 18, 2012.
"Texas Environmental Lead Reduction Rule" or "7E�RR" means 25 TAC 295.201-220, as
amended from time to time.
"Work" means the Interim Control measures, Encapsulation, Enclosure, cieaning, Abatement
and/or services on 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 lead hazard control and construction
management services for the purpose of identifying and controlling lead-based paint
hazards in a Housing Unit. Activities shali include but not be limited to Abatement,
Interim Control efforts, rehabilitation, and clearance. All Work shall be performed in
accordance with the TELRR, the HUD Guidelines, any other applicabie HUD and EPA
regulations regarding lead-based paint work practices.
B. Contractor shall do everything required by the Contract Documents for each Job Order
inciuding furnishing all of the labor, materials and equipment necessary to perform the
Work. All Work shall be performed by workers qualified for the activities according to HUD's
Lead-Safe Program Contract with Integrity Texas Construction, �T�. (March 2013)
Lead Safe Housing Rule, and who are trained and certified by the Texas Department of
State Health Services, Environmental Lead Branch.
C. Contractor must perform the Work in accordance with the Building Code and all other
relevant City, State and Federal buiiding codes and any other applicable laws, ordinances
and regulations. To the extent of conflict between any af the foregoing codes and
standards, the more restrictive shali apply. Inconsistencies or conflicts between the
Buiiding Code and this 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.
D. City will inspect ali completed Work before payment to the Contractor is approved.
Contractor must repair or replace ali 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 flnal
inspection, Contractor will be responsible for any fees associated with the re-inspection or
an additional clearance test, such as testing of dust wipes, as well as any other fees or
costs resulting from tne failure of the Work to pass final inspection. Such costs may
include the cost of lodging or a�y other additional relocation expenses for the
Housing Unit's occupants.
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.
F. Contractor 5hall be responsible for moving furniture andlor safe storage of the occupants'
furniture and personal belongings if necessary to perform the Work. Contractor is required
to provide proof of insurance and adequate, safe storage of the occupanYs furniture and
personal belongings when applicable for the duration of the Work
ARTIC�E 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 fqr 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 Effec6ve Date and shall automatically expire upon the
earlier of the expenditure of $800,000.0� 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.
This Contract shall be renewable at the City's option for up to 4 additional one-year terms. If City
exercises its option to renew, it wili do so by providing written notice to Contractor at least 10
calendar days prior to the Expiration Dete. If City exercises a renewal optio�, the additional term
shall be deemed to include this option provision as well as ail other terms, conditions and price
Lead-Safe Program Contract with Integrity 7exas Construction, �To. (March 2013)
structures of this Contract unless specifically changed or modified in writing executed 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 nat issued a Notice to Proceed. If a Job Order is withdrawn, Contractor shali 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 Aftachment C,
and (4) include a Notice to Proceed. City shall pay Contractor within 30 days of
acceptance of Work.
D. 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
Confractor 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.
Separate Building Perrnits shall be required for each Housing Unit. Contractor shall be
responsible for scheduling all City inspections.
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 a�d
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 tesf 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 Ecanomic Development Department
for all Contract and federal and state law requirements. Final inspection may include inspection by
the Texas Department of State Health Services, Environmental Lead Branch.
City reserves the right to pertorm inspections of the Work at any time, and any inspections
pertormed by City or by others on behalf of City shail be for City's sole benefit. The presence or
absence of a City inspector does not relieve Contractor from any Contract requirement, and no
Lead-Safe Program Contract with Integrity Texas Construction, �T�. (March 2�13}
4
inspector is authorized to change any term or condition of the Job Order or of the Contract
Documents without the Ciiy'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 4rder or Contract requirements unless City consents to accept the Work with an
appropriate adjustment in the Job Order price.
ARTICLE 10. WARRANTY OF GONSTRUCTION AND MATERIA�S
Contractor shall warrant that Work conforms to the Job Order and is free of any defect in material,
design furnished, or workmanship pertormed 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.
Contractor shail furnish the Owner with all manufacturers' and suppliers' written guarantees,
warranties and operating instructions covering materials furnished under this Contract, tagether
with any documentation required for validation.
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, additional
occupant relocation expenses and clearance sampling analysis, will be paid by Contractor.
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 MBE goals established for this Contract and Contractor's commitment
to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) andlor
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 MBE GOAL FOR THIS CONTRACT IS 10%. Analysis of whether such MBE 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.
Lead-Safe Program Contract with Integrity Texas Construction, �T�. (March 2013)
The MBE firm(s) must be located or doing business in the Gity'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
aiso be currently certified or in the process of being certified by the North Central 7exas Regional
Certification Agency or the Texas Department of Transportation Highway Division.
Contractor shall deliver the monthly MBE reports and supporting documentation to the MlWBE
Office which will verify that payments have been made to MBE subcontractors on each completed
Job Order. On Job Orders that extend over 30 days in duration, the M/WBE Office wili 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 federai 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 shail 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 for 30 days and no new Job Orders wiil 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 faiis to correct deficient work within 2 days as required in Article 2.
e. Contractor faiis to comply with any term of the Contract Documents.
2. City shali provide Contractor written notice of each occurrence in which Contractor
has failed to comply with the terms of this Contract. After Gontractor 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
Lead-Safe Program Contract with Integrity Texas Construction, �T�. (March 2013) 6
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 financiai 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 shali not receive any compensatio� 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 defauit,
E. Unless otherwise specified elsewhere in this Contract, the rights and remedies contained
herein are not exclusive, but are cumulative of all rights and remediss which exist now or
in the future.
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 Pariy. .
ARTIGLE 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 pertormed 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 ma#ter jurisdiction located in Tarrant County, Texas.
Lead-Safe Program Contract with Integrity Texas Construction, �To. (March 2013}
ARTICLE 20. INDEMNIFICATION
CONTRACT�R 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 Al,l. CLAIMS OR CAUSES
OF ACTION ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT, WHETHER
SUCH CLAIMS ARISE OUT OF CONTRAGT OR TC1RT, SUITS FOR PROPERTY, WHETHER
REAL OR PERSONAL, LOSS OR DAMAGE, PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSQEVER 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 A�LEGED NEGLIGENCE OF
THE OFFICERS, AGENTS, SERVANTS, EMPLDYEES, 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 4R SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSANS, OF WHATSOEVER KIND OF
CNARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIREGTLY 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 WH(3LE
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 HQLD HARMI.ESS 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, EMPLQYEES, 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 AL.L�GED TO BE THE SOLE OR
CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, �MPLOYEES,
OFFICERS AND �EGA� REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH,
DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS GQNTRACT, 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 INCL.UDE IN THEIR
CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
ARTICLE 21. SURVIVAL
Contractor shall remain obligated to City under ali 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.
Lead-Safe Program Contract with Integrity Texas Construction, �T�. (March 2013)
ARTICLE 22. LITIGATION AND CLAIMS
Contrac#or shail 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 TQ 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 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 shall not be employed in the interpretation of this
Contract or any amendments or exhibits hereto.
[SIGNATURES APPEAR ON THE FOLLOWING PAGEj
Lead-Safe Program Contract with Integrity Texas Construction, �To. (March 2013)
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.
Date: '`� bl ..�w""
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CITY:
By: <`i�iNs�O �A---�
Fernando Costa
Assistant City Manager
Date: /8 /3
�4�TTES : I
a�� i';
; �,: / � �.
'�, �i ar J. Kay er ,
�d City Secrefary ��
�" M&C G-17816 Date: 2/19/2013
APPROV B AS TO FOR �AND LEGALITY:
B : �- <�'�:.-I-(���f� �
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Y
Vicki Ganske
Senior Assistant City Attorney
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Lead-Safe Program Contract with Integrity Texas Construction, �T�. (March 2013)
10
Attachment A
GENERAL CONDITIONS
LEAD-SAFE PROGRAM
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, Abatement, Encapsulation, Interim Controls, Enclosure, specialized
cleaning and painting. 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.
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 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, 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 I-9 forms for each individual assigned to
the Contract, and documentation supporting 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.
Attachment A
Attachment A
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:
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 Liabilitv
$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 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. Pollution Insurance
$1,000,000.00 Pollution Insurance
Attachment A 2
Attachment A
4. Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's �iability
$100,000 Each accidenUoccurrence
$100,000 Disease - each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined 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 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
Lead-Safe 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
Attachment A 3
Attachment A
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 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.
VII1. COST FOR WORK PERFORMED
Contractor will perForm the Work for the prices shown on Attachment C.
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 property owner or to City, remedy any defect due to faulty material or workmanship and
Attachment A 4
Attachment A
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. F�SA 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 VIII 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.
- 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.
Attachment A 5
Attachment A
- 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 Reauirements
Pertainina to Section 3 of the Housinq and Urban Development Act of 1968 as amended
(12 U.S.C. Sections 1701 et sep.) 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 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 1701 u(Section 3). The purpose of Section 3
is to ensure that emp/oyment 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 c/ause 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 c/ause 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.
Attachment A 6
Attachment A
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 regu/ations of 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.
F. Noncompliance with HUD's regu/ation in 24 CFR Part 135 may resu/t 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 Se/f-Determination and
Education Assistance Act (25 U.S.C. section 450e) a/so 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
emp/oyment 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 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.
Attachment A 7
Attachment A
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.
I. 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.
XI. 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:
Integrity Texas Construction, LTD 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. Integrity Texas
Attachment A 8
Attachment A
Construction, LTD 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 apprenticeship.
Integrity Texas Construction, LTD agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
Integrity Texas Construction, LTD will, in all solicitations or advertisements for
employees placed by or on behalf of Integrity Texas Construction, LTD, 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.
Integrity Texas Construction, LTD 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.
Integrity Texas Construction, LTD 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.
In accordance with the provisions 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 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
Attachment A 9
Attachment A
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 REMOVA�
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.
C. Under no circumstances shall the Contractor leave construction debris (paint chips, nails,
shingles, 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 by a state-certified Lead Supervisor to assure comp�ete and
satisfactory fulfillment of the Work and the terms of this Contract. A Lead Supervisor must be
present on each job site at all times. An exception will be allowed only if the Lead Supervisor
leaves for no more than 2 hours a day, the absence is directly related to the lead hazard work
being performed on the job site and the Lead Supervisor is immediately available during all
Work activities. If the Lead Supervisor 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
Attachment A 1 �
Attachment A
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 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 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 and the
EPA's RRP Rule when performing the Work. Contractor shall also abide by any laws,
regulations or rules pertaining to lead remediation promulgated by the State of Texas or
any agency thereof including the TELRR.
B. Contractor is responsible for containing all lead contaminated material including but not
limited to lead dust, paint chips, paint, debris during abatement and clean-up until the
Work is complete. Containment methods required during lead-based paint hazard
reduction activities will be performed in a manner that will protect all non-contaminated
areas in or around the Housing Unit from lead contamination in accordance with the
Texas Environmental Lead Reduction Rules.
C. 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.
D. Prohibited Practices for Work under this Contract:
Attachment A 11
Attachment A
Open-flame burning or torching; chemical paint strippers containing methylene chloride or
other volatile hazardous chemicals in a poorly ventilated space; dry scraping or dry
sanding, except as allowed by the regulations, uncontained hydro blasting or hydro
washing; abrasive blasting or sandblasting without HEPA exhaust control; machine
sanding or grinding without HEPA attachments; or heat guns operating above 1,100
degrees Fahrenheit or that char paint.
Waste resulting from lead hazard control activities must be disposed of in accordance
with the requirements of the appropriate local, State, and Federal regulatory agencies.
XXII. ADDITIONAL REQUIREMENTS FOR WORK
A. Contractor shall protect Owner's or occupanYs household goods and property from
damage or loss during Work, and maintain same in as good condition as before Work
started.
B. If necessary to perForm the Work, Contractor shall move, or if necessary, pack and store
all of Owner's or occupanYs household items. When Work is completed, Contractor shall
set up furniture and moved boxes to the room of origin for unpacking by Owner or
occupant. Contractor shall leave the Housing Unit in at least broom clean condition.
C. Contractor is responsible for the care and safekeeping of the Housing Unit and all Work
until completion. Contractor shall protect Owner or occupanYs household goods and
property from damage or loss during the Work and maintain same in as good condition
as before the Work commenced. Contractor shall take measures to adequately protect
the Housing Unit from vandalism, damage due to equipment, vehicles, tools or exposure
to the elements which result from the execution of the Work.
D. 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.
XXN. 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 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
Attachment A � 2
Attachment A
compliance regardless of whether actions taken to fulfill the requirements of this Contract
are taken by Contractor or by its subcontractors.
E. City will consider Contractor to be the sole point of contact with regard to contractual
matters.
Attachment A 13
ATTA C H M E N T B
� SPECS BY LOCATI4NiTRADE with Costs v�v2o�3
Work Write•uplRe-Sid: Case Number: �„ �
Wa(k-ihrough Date: Construction Specialist: John Cain
Bid Date: Phone;
lnitiaL• •
,._.. , _...:: _ ::. ........ .. _ _ ,.
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; 'Address; . .- . .: . "_ = _ .. .. � - - - - _ .
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_ . ... .
. .
, _._:. .. � ... � , . _ - _ - -
_.- -���...._._ ::
_ . .. . .. .. .... .. __ .._... .;..�.. `: `'�
Un�if: � Lead�Safe�Program:'�'
.... .: ........ __..-- ----�---.._._.�_?----- � :- --�.-._�_� -- -
. ... ... _ ----.�_._.._. _.....�,__....___._._ .-__.._.._,.._;_._,_.._..____..__�..�_,_.._.�__....�,...___..-.--_.,__._...._____.__..__.____....,__.___.._.._._.�,�.._,.-
.. . . . ... . . . , . ,
: .. .
-Location: : : `. 1. -":Side;A-� �: :. `;'- - ...�. :. � ::- _,:<.: ,;�.... ... , App�ox.:VVall S�: 0 � ' ._ ,,..- �. .:Ceiling(Floor,SF:..O: ' ;.; . •�;
_._ _..,..__--- ....__.�.__: .. _..----
Spec # Spec Quantify Units Unit Prlce Tota1 Price
?rade: 4 General Requirements
227 � ExteriorWetScrape 332.00 SF $3.5fl $1,962.00
• After establishing any required f(oor containment with
. poiyethylene sheeting, misf defective paint area wlth water ta
the point of sa#uration, Aggressively scrape alI loose painf with
a draw scraper. Detergent'wash, rinse, allow to dry, and HEPA
vacu um all visible chips. Caulk seams and prime and painE
exterior of house fui! coverage to include al! trirn and openings
(2 coats) per manufacturer's instructions.
Trade: � 9 Environmental Rehab •
9573 TRIM-•REPLACE 1" X 8" 10.06 LF $2.50 $25.00
Rernove, package and dispose of lead painted trim, Repair wall
areas damaged in removal process. (nstalE #2 pine 1 x 8 •
boards. Prep, spot prime and top caat with acrylic latex.
•(1NTERIM CON7ROLS) Lead based paint is present on the
' component or components named in this Specification. Use
Lead Safe Work Practices as described in Spec. #9000 and '
#9001 above. '
Trade: 39 LEAD Windows
L20 Insfall new windows (Vinyl) 399.00 UI $3,T5 $1,496.25
After establishing any required floor containment with
polythyfene sheeting, wet mist, remove, wrap in polyethylene
shee#ing and dispose of lead-conta3ning woad. lnstallation of
new window Casement VIN`(L, Low-Emissivify (Low-E} Glass,
Energy Star �ated, U-va(ue of 0.30 or less, Shall comply with
ANSfA/AAMA standards. Remove existing window install new
raplacamertwindow compiete t� ii ��,en3ng. lnclude ai
hardware and screen. Caulk window around framing. Use I.ead
8aFa Work Practices as described in Spec. #9000 and #9001
ab�ve.
Sidder: Location'fotal: $2,683.25
_............_...___...__._._..._. ____....._.
..._ - -- --
. , . . ,� ,. ,.., .. : -. � .. - ---- - -- ��r.- - --- - - - - - - - .- - - - __.,
. ..,,..._ _...,:,..:"- - - -
:.. ..,:
, .-
`; _ kocation: : �. ` : . _- .__;Side B. � . -.:: . . .: •::. `= - - ; :A ,- - -- ,,., _ - - -
,2 pprox 1NalI SF: :0 CellinglFloor,SF•.�0
L:.�.., �.�.---.�.__.���4L,�. � . z ,... � � -
. _�_ .___. ..._ _._�._.�._._..�....�. .._.,_.,_.. _....._�......_....�_........_._._...__....___:..L__.....-__..:�,._.__�....�_._.......,,._..... .`_._.._.,.._.,_
Spec # Spec Quantfty Units iJnit Price Toial Price
Trade: � 1 General Requirements • �
- 227 . ExteriorWeiScrape' .-------.._.__.._..... —.._ _. 170.00- - SF ' . $3.50�---•-----$595:00—..__.
After establishing any required floor containment with
polyethylene sheeting, rrtist defective paint area wifh water to
� _ _ - •• -- - - - _ _ _ . ....--�-- - - -. .� . ------ _ ----- - - --- - -
_ . - r ; . � Fage 1:;of 8 ;�
,...._..._ _____...�.. .,..._._..___.._._.��.__.. _....�_._..__..___._.�.. __. _ ___. __.. ......._��_. _ _.��,.-.-----.•----.__.�._..a..___..,_�..._w.�.__.___._.,.�.:._..._�._....�.__�_...........,
. .
; . Address . �r �, _ � �' � _�- �' Un�t ° L,ead Safe Program '
. , , r -.,.
_ . ..... .... _ -
_ _ . ... . .. . ... _ ,
, ,
,....:, .. _,�.. ...�_,.....�....,_^..._.....�_._._,,._..... __. . .__._r ---�- ---- - __._ _
..�,.._ ._ .. _ , . _.__._
.. .
; Location; - � Slde B y, �_ � _ _ , ' - - I_..,. R.._ ,Cepi�g/F1oor SF; . 0.. - -
. , �, � _
,
. , . . APProx.
. Wall:SF: 0
. . _.—.____..�...._.__._:._�...._.__ . . _;;,_�....�.....__..,. _..._ ..:................-__.-_ _...�_._�.._... �-� ; ___._:.._�.�._.._._:�.._._..._:.__�.._��
Spec # Spec :J_..,;,� , .��; -�__. __.__.___,�._�.,�..:,'...._;;.
.,a- : QuanEity Units Unit Price iotal Price
Trade: 1 Generat Requirements .
vacuum a(I visibfe chips. Cauik seams and prime and paint
exterior of house full coverage to include all trim and openings
(2 coats) per manufacturer's instructions. �
Trade: 9 Environmental Rehah
9573 TRIM--REPLACE 1" X 8"
Remove, package an8 dispose of lead painted trim. Repair wa[I
areas damaged in removal process. Install #2 pine 1 x 8
boards. Prep, spof prime and iop coat wiih acrylic lafex.
(1NTER(M CQNTROLS) l.ead based paint is present on the
component or components named in this Specification. Use
Lead Safe Work Practices as described in Spec. #9000 and
#9001 above.
25.00 LF $2.50 $62.50
7rade: 3'I LEAD Windows
L20 Instalt new windows (Vinyl)
' After establishing any required floor containment with
poiythylene sheeting, wet mist, remove, wrap in polyethylene
sheefing and dispose of lead-containing wood. lnsfalfation of
new window Casement ViNYL, i.ow-Emissivity (Low-E) Glass,
Energy Star Rated, U-value of 0.30 or less, Shall compiy with
ANStAIAAMA standards. Remove existing window install new
replacement windaw complefe to fit opening. Incfude all
hardware and screen. Caulk window around framing. Use Lead
Safe Work Practices as described in Spec. #9000 and #90d4
above.
737:00 UI
$3.75 $2,763.75
B3dder:
Location Total:
$3,424 .28
. ___,.. ------�----....._..._.__._r.,.__�..__-�-----__.._---:-
�' � Location: . . <, .: .. . . � . . . .. _ _ - . - : _ - - _ - - - - - - - -- - _ - --- - _ --- _ ..__ - -
:. . . . .....
3_ .Side.0 - . ~Approx:.WaU'SF;?4�-��V-. ^ �Geil'in /FloorSF::=:4��.�;�-T.f� _..
-------._... _ �._ �: _�._ _........_._.._..._ _____...__._W._. � _. _.____---._.___�___.... �___.._..�_.._.__�_...w...._._... ..�.._ ._..._ g . . .�:..�
Spec #� Spec Quantity Elniis Linit Arice iotal Price
Trade: 1 General Requirements
22? Exferior Wet Scrape
After establishing any required fl4or containment wlth
polyethylene sheeting, mist defective paint area with water ta
the point of satura#ion. Aggressive(y scrape all loose paint with
a draw soraper. Detergent wash, rinse, allow to dry, and FIEPA
vacuum alI visible chips. Caulk seams and prime and paint
exterior of house full coverage to include all frim and openings
(2 coats) per manufacturer's instructions.
274.00 SF $3.50 $959.00
Trade: 9 Environmentat Rehab '
9573 TRIM--REPLACE 1" X 8" 3.00 LF $2.50 $7.50
. ------- -------Remove�ackage and dispose of (ead painfed frim. Repair wall----�... —_ --- • � — - --
areas damaged in removal process. lnstal! #2 pine 1 x 8
boards as window trim. Prep, spot prime and top coat with �
_ � . - .. _ _ - _ - - - -Fa:" -
e`2 0��
- f�
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8 :-, :
....... . , .
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__._�._.�.._..�.....1��_.a_____.� _�....�.�.._,_..__.__�____.�_�_._`.�..,y..__.�. ..<....___._..._._...... �._.._.__..,_,�.�.��,.._� _�.._ _..._._._,W.._w.��
� Locatio
__._ n'.
Spec #
_�_: � ��.
Spec
. _' Uiii'_t: L`e.ad:Safe �Pro`'ram - . - - -'
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._ _ .. _ .... _ _.___..__. _ .__._ _ _..
• - - - -- - -- -
. . ,Y,�._ ,...... _.�_..__...__._W�,_�._,_ _.; _�.._
._.:.. --_.. _ . � � _--� --�- ApP+rox: iNall SF: � `' T .Ceiling7Floor SF'_O�:r .
.__..._._ _�_.._,�...�,...�.._�_�..__.,_...�._.._____�.._.._...�._�..w..�_,_:��.�__._.__...�.�...W..�: °..,�. . ., �
�'t � .:,"'T'-': �,'_....�....�.:,:��.�.�
vI• �� ��• Quantity Units Unit Price �:,: `.iotaf Prtce
�
�
Trade: 9 Environmental Rehab
Spec. #900a and #9001 above.
Trade: 10 Carpentry
2582 SIDING•�CLAPBOARD REPLACE CEDAR 2.Op SF $10.30 $20.60
Remove damaged siding to the joint over nearest stud. Apply
matching cedar siding to walis with galvanized nails. Break all
seams over studs. Prime ready for top coat.
Trade: 3'i LEAD Windows
L20 instatt newwindows (Vinyt) 82.00 UI $3.75 $307.50
After esfablishing any required floor containment with
polythylene sheeting, wet mist, remove, wrap in po[yethylene
sheefing and dispose of lead-containing wood. Installation of
new window Casement VINYL, Low-Emissivify (Low-E} Glass,
Energy Star Rafed, U-value of 0.30 or less, Shali compfy with
ANSIAlAAMA standards. Remove existing window install new
replacement window complete to fit opening. Inelude ali
hardware and screen, CauEk window around framing. Use Lead -
SaPe Work Practices as described in Spec. #9000 and #900�
above. �
Bidder: i.ocation Total: $1,294.60
. .. .. ._ _.... .._..,.. .._ ____.,......_....:. ..._.__.__.........._ ....---.... _._-----..._....�._.___.r_.._...._:--_.._....«__,-__�._..-�---�_.__...._....:-:-....._ .............___.�._....___._�_:.-.;.�..., =
; Locatibn: �`: _4= Siiie D � . . ._ .. - ,. - :.-� Approz. WaII:SF: 0 �..: .�'.� _ :Geiling/FloorSF: ;0:: ,,.; : . : `
•-----.......____.._._--____._.._�__.._._�___....._._,_..___...__._____w..__...`__.___��.F_.___.._.___.._.,� - = _..�_�_._,__._...._..�..._.�_W�y�_..____.�:�,_.�._..�.
Spec # Spec Quantity Units Unit Price Tota! Price
Trade: 1 General Requiremenis
227 Exterfor Wet Scrape 396.00 SF $3.50 $1,106.00
After estabfishing any required floor containment with
pofyethylene sheeting, mist defective paint area with water to
the point of saturation. Aggressively scrape ail foose paint wifh
a draw scraper. Detergent wash, rinse, allow to dry, and NEPA
vacuum alI visible chips. Caulk seams and prime and paint
exterior of house full coverage to lnclude ail frim and openings
(2 coats) per rnanufacturer's instructions.
Trade: 9 Environmenial Rehab -
9573 TEtiM••REPLACE 1" X 8" 25.00 LF $3.03 $75.75
Remove, package and dispose of lead painted Yrim. Repair wall
areas damaged in removal process. lnstali #2 pine 1 x 8
boards. Pre, spot prime and top coai with acrylic (atex.
((NTERIM CONTROLS) . Lead. based paint is present on fhe . �°"�
,
component or components named in this Specifcation. iJse •
' Lead Safe-Work-Practices�as-described in Spec.-#9000�and- ' � � - � — -- � - ---- • � �
� #9001 above.
, . ..> . -:. _ _ . , _
..
; .. ;. _ _ _ _ _
. . .. - -
. -�
� , - . = ..:
,.
;
_.
. <_ , -
..
. . , . . .. _�' �' .
.. .
. : : � • , Pa e 3'of
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:.. ,_.�
. . _
� ' � � : :. . • Unit •'Le�d Sdfe Program - � , , ''�
r._ _._..._.._____.__..___...,___._ �__.__.... . __ .
Locationc;: �..,---�-.�. �I•`- Sicle.D : _ - - - ----.._�'-A;'�.,ox:,Wab SF::O_ ._ ... -- - - -- • .-
� , , . . , �
p r 'Ceilirig%Fjob��SF: b
.
,. �� ._.�.t.�. �... .._.�.�..:..�. . �____ "
. _ _._ _ �--•�-- �— • - - _._._..__--_._ .___... L. �. _�.._.:�_�... _----- • .__._. _. _.__�--�....._._.
. � ... _...�
Spec #.' Spec ' ��. � .� Quantity UniEs Unit Pr[ce Total Price
Trade: g Environmental Rehab
Trade: 90 Carpentry
2582 SIDfNG••CLAPBOARD REPLACE CEDAR
Remove damaged siding io the joint over nearest stud. Apply
matching cedar siding to walis with galvanized nails. BreaEc afl
seams over studs. Prime ready for top coat.
2.00 SF $10.30 $20.60
7rade: 3q LEAD Winiiaws ' '
t2U lnstall new windows {Vinyt)
After establishing any required floor containment with
polythylene sheeting, wet mist, remove, wrap in polyethylene
sheeiing and dispose of lead-containing wood. Installation of
new window Casement VINYL, Low-Emissivify {Low-E) Glass,
Ertergy Star Rated, U-value of 0.30 or less, Shali comply with
ANSIA/AAMA sEandards, Remove exisfing window install new
replacement window complete to fit opening. Incfude all
hardware and screen. Caulk window araund framing. Use Lead
Safe Work Practices as described in Spec. #9000 and #9001
above.
Bidder:
737.00 UI
Locaiion TotaL•
$3,966.10
. . . ....... . „ .. . ..�... ....._ .... .-- - -:- ..,.... . .. ... :.... . ......._._...__ ....-- -:-...__ .._._.. ... _._._._....�........_.._......,......_..._.._--_�__.....---.._ .......:_..,...,__..__..__.._
L.acation: • .:5�- Carpbrf ' . • ' . �APproz: Wall SF: 0 � : -CeilinglF(oo�'SE: .'0 . . -
, `.. _._______.._...___..._W._._.__.._-�_...._.._.__.__...._...__
Spec # Spec Quantity Units UnfE Price Total Price
Trade: 1 General Requirements .
227
Exterior Wet Scrape
307.40 SF
$3.50 $1,074.50
Bidder:
Location Total:
$1,074.50
,. . , ___....--- -- --.-- ----. _.,--...,.._,.... ....._._....�.�..._,.-�--- --- _,_____._-_�,._- -.._,._._m_....,.__.,_...._...,-.._.,.__...__.._..._...,.._.._...___._..__,..---�---..._.._�...._.;__...
;. _. . ....
�. _.
; Location: >; � 7 -:,Front Porcli.,- '.. - : : . '. :: ` �. .. - _ Approz, Vilal! SF; ��.;:. :: _ Ceiling/Floo� SF: ..0 ... ' , - -
Spec # Spec Quantity Units � JUnit Price � Total Price �
Trade: 9 CeneraE Requirements
227
•; , ,
A#ier establishing any required floor containmeni with
polyethylene sheeting, mist defective pairit area wifh weter to
fhe point of saturation. Aggressively scrape ail loose paint wifh
a draw scraper. Detergent wash, rinse, allow to dry, and HEPA
vacuum ali visible chips. CauEk seams and prime and paint
exterior of house full coverage to include all trim and openings
(2 caats) per manufacturer's instructibns.
ExEerior Wet Scrape
Af#er esfablishing any required floor containment with ._.
polyethylena sheeting, mist defective paint area with waier. to
_the po.int_ofsaiuration. Agg[essiy_ely_scrape_aU_loose�aint_with._ _ .
a draw scraper. Detergent wash, rinse, allow to dry, and HEPA
vacuum a11 visible chips. CauIK seams and prime and paint
286.00 SF $3.50 $1,001.00
$3.75 $2,763.75
i
. .... ..__- - - -• - - - � -- - -
. _ . . - -- -- - - - -- - -- -- -
. . .: - - - -
.. . _ . � ..
,
�. __ ..; . . .. . . -. . . .,. .. _ - � - -
; . . . . . ,._ :, _ . - - - -
= •:.
_ _ , � .:Pa`e:4of:8��
! _, __._.�.- -- -.�.�..�.._.___. . , .. -- _ _ , . S.
i Add�ess:
� . Loca .J._.... � - . .. ..._--- -
f on: �7 � Front
Spec # Spec
� Unit: .: Lead.Safe P'r.ogram'-
� -- - ,_ .. . . . . . - -
.�.....__ � .. �_. ___�,__.---- - .
. ..____._ _ _ �.�._.__.__.,_--,--...... �
.:
� ' � Approx; Walf SF:: 0 „�,„.,,;,i_ ; ;CeilinglFloor SF: -0� = •, �
�
Quantity "rUnifs" '. Unit Price Tota! Pr3ce
7rade: q General Requirements •
exterior of house ful[ coverage to include all Frim and openings
{2 coats} per manufacturer's instructions.
Bidder:
Location ToEa[: $9,009.00
. .. . . ..._._.._..__..... .._. . _..... ..:.---....._.......... ._ ........ ........ .
., . , ,.. .:. ._....__._ .. ................... .__..._.. __ .......,. . ...
Locat[on:� 8 � General Requiremenfs - : ' '.� ; � - . � Approx.l)Vafl SF: 0. ,. ': �Ceiling/Floor�SF: �0'' � ":.''.-.- -
. __.__._-_ —�uantity--yUnits Unit PriceV_`.W Totaf Price:v,Y`
Spec # Spec
1'rade: 1 Generat Requirements
2 REHABILITATION TECN 1hpUT '(,00 GR $0.00 $0.00
SPECIFICAi1QN ON TH1S PROJECT Hf1VE BEEN INPUT
INTO HOUSlN� DEV��OPER PRO BY.
�
REHABILITATIQN T�CH
ANY QUESTION OR CONCERNS REGUARDWG THIS
PROJECT MUST CONiACT REHABIL.lTA710N TECN
SIGNED ABOVE AT 8'[?-392-
40 ALL PERMITS REQU[RED
The contractor shall apply for, pay for, obtain and fo�vard
copies of the following indicated permits to fhe agency:
P(umbing; E(ectric; HVAC; $70.00 Building;
Zoning; L.ead Abatemeni; Asbestos
Abatement, Environmental concerns.
80 CQDES AND ORDtNANCES
ln the execution of the itemized scope of work, the contractor
shall faciliiafe inspection and comgly with a!i governing codes
and ordlnances of The City of Fort Worth, The Caunty of
7arrant, and the Sfate of Texas pertaining fo building
construction,zoning,environmental protection, energy efficiency
and worker safety.
90 4 YEAR GENERAL WARRANiY
Contracfor shall remedy any defect due to faufty material or
workmanship and pay for all damage to other worEc resuiting
therefrom, which appear within one year from finai payment.
Further, contractor shall furnish owner with all manufacturers'
and suppliers' written warranties covering items furnished under
this contract prior to release of the final payment.
L1 Set up of Interior Containment
Set up interior containment to capture any dust and debris
during construciion.
�.00 au $7o.ao
9.ao GR $0.00
�t �
'f .00 EA
$OAO
$420.00
$70.00
$0.00
$0.00
$420.00
L3 Set up of Exterior Containment • 1.00 EA $2i5.00 $295.00
. Set up exferior containment to capiure debris during
construction. :. �� �
... ----.L4_._. Fin..aLGteat�_._._ . .. --- _ _-- -...._..... • ---. ..--------•-- �-.00..... EA -----...$300.00 ... � $30Q.00 ----
Perform final cfean up of work area to remove dust and debris
in accordance with EPA sfandards. .
- '_ _ . - - - - - i
>P'. `
- a' e'S'of
- 8'
i .. 9
i .Addres"sc
_._ ' Locati' n: T
._.- ----- � ---
_ -.��, . .. .. `Unit:�::L:ead:Safe.Prog"ram � . ' : . r.> ,_ - -
,._, ..___......---...._._..._�..,_......----_-__ - ----- ---
_ _ ..,
.. ,_. _. .. . .�,_.�.._.._....�_._ _.�.._.�._...._._...,..__..._._,.._. _�
,.;..._,__ .
. , . ._ .
-,g �.General:,Requirements . .;=:�-r. : . . Approx::UVaII;SF; 0�
Spec # Spec '
..�.�.. :� . .
Quantity Units Unit Price
�F: :.0�..: � � - -;
���� � �- �_..._ �__.
��� Tofal�Price
Trade: 1 Generat Reqa(rements
irade: 9 Environmental Rehab
9000 LEAD SAFE WORK PRACTICES 1.00 GR $0.00 $0.00
On the work items flagged as "interim controls" or as requiring
"lead safe work practices", workers must use Iead safe work
practices per 24 GFR 35-1350. These practices are
represented in the "Lead Safaty Fie1d Guide" (Lead Paint
Safety: A Field Buide for Painting, Hame Maintenance, and
Renovation Work) published by HUD,EPA, and DCD as HUD
Publication approved Lead Safe Work Practices class. VUork
disturbing lead-based paint is not considered comp(ete until
clearance, if required, is achieved.
9001 WORK�R TRA1NINt's -1NTERIM CONTE20LS
All persons carrying out activities flagged as "interim controls" or
as requiring "lead safe work practices" must either be
supervised by an EPA abatement supervisor or provide proof of
cornplefion of HUD- approved worker training course in fead
safe wark practices prior to start of work.
Bidder.
1.00 GR
Locatian Total:
$4,005.00
. . ............ ..... .------..........__...._. ..._..---...----�--..__..._._._.._.-_.:__...._�-<----__.-�..-..�.....___�____,_._._.........:M___,_..._...__.,.,-�.------------_____,_....m__._...,:..�
Cocation: ::9 = Dining Rooin � - . _ - _ "''Appcoz: V(/aIC-SE:.:O `• '.CeiliiigJFioor SF; Q -
Spec # Spec Quantity Uniis � Unit Price � iotal Priee
Trade: 32 LEAD Doors
L24 lnstatl new interior 30" f[ush door 1.00 EA $256.00 $256.00
After establishing any required ftoor containment with
polythyiene sheeting, wet mist, remove, wrap in pofyefhylene ,
sheeting and dispose of lead-containing wood. lnsfall new
interior holiow core 30" wooden flush pre-hung door including
locks and frim complete. Bathroom and bedrooms shall have
privacy Iock. Paint or stain interior doors, full coverage. Use
Lead Safe Work Aractices as described in Spec. #9Q00 and
#9001 above. '
Trade: 33 1.�AD Watls a��� C2j[ing
L33 New 1!2" sheetrock drywall 1.00 SF $3.75 $3.75
After esfablishing any required floor containment with
poiythylene sheeting, wef mist, remove, wrap in golyeihyEene
sheeting and dispose of lead-containing wood. Insfall new 1/2"
sheetrock drywall, tape float, sand, appfy medium texture and
paint. Use Lead Safe Work Praciices as described in Spec.
#9000 and #9001 above.
Bidder: � Location Total: $259.75
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i:.
7rade: 32 LEAD Doars
L24
Install new interior 30" flush door
3.00 EA $256.00 $768.00
Bidder:
After establishing any required floor containment with
polythylene sheeting, wet mist, remove, wrap in polyethylene
sheeting and dispose of iead-containing wood. InstaU new
interior holfow core 30" wooden flush pre-hung door including
locks and trim comp(ete. Bafhtoom and bedraoms shall have
privacy lock, Paint or stain interior doors, fulf coverage. Use
Lead Safe WorK Praciices as described in Spec. #9000 and
#9009 above.
Location Tofal: $768.Q0
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Spec # Spec .�. ------_.-�-�.---�-____-Quantity YY Unftsl�..Unit Price�L�Totaf Pricev�y`
Trade: 32 LEAi] Doors
L24
Install new fnterior 30" flush dooP
1.00 EA $256.00 $256.00
Bidder:
Location ioia(: $256.00
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Trade: 32 LEAD Doors
L24
8idder:
3.00 EA $25�,00 $768.00
Location Total: $768.00
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Trade: 32 LEAD Doors
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polythylene sheeting, wet mist, remove, wrap in palyefhyiene
sheeting and dispose of lead-containing wood. InstafE new
interior hoilow core 30" wooden ftush pre-hung door including
locks and trim complete. Bathroom and bedrooms shall have
privacy lock. Paint or stain interior doors, fuil coverage. Use
Lead Safe Work Practices as described in Spec. #9000 and
#9001 above.
After establishing any required floor containment with
palythylene sheefina, wet mist, remove, �vrap in polyethylQne
shesting and dispose of lead-containing wood. lnstall new
interior hollow core 30" wooden flush pre-hung door including
locks and trim compfete. Sathroom and bedrooms shai[ have
privacy [ock. Paint or stain (nferior doors, full coverage. Use
Lead Safe Work PraCtices as described in Spec. #9000 and
#9009 above.
insfall new interior 30" flush door
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� Quantity �` Units Unit Price Total Price
Trade: 32 LEAb Doors •
L24 lnstall new inter3or 30" fiush door 1.00 EA $256.00 $256.00
After establishing any requ(red floor containment with
polyfhyiene sheeting, wet mist, remove, wrap fn pofyeihylene
sheeting and dispose of lead-containing wood. Install new
inierior hollow core 30" wooden flush pre-hung door fncluding
locks and trim complete. Bathroam and bedrooms shall have
privacy lock. Paint or staln interior doors, full coverage. Use
Lead Safe Woric Practices as described in Spec. #9000 and
#9001 above.
Bidder: Location Tota{: $256.00
Unii Toiai for 915 Marian Avenue, Llnii, I.ead Safe Program: $96,753.48
Address Grand Tata! for 915 Marion Avenue: $16,753.45
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ATTACHMENT C
• . . . �
Item Unit Negotiated Price
Mobilization
1. Set up of Interior Containment EA $ 420.00
2. Set up of Mini Containment EA $ 200.00
3. Set up of Exterior Containment EA $ 215.00
4. Final Clean EA $ 300.00
1. Fascia board LF $ 3.25
2. Soffit LF $ 3.50
3. Wood deck SF $ 2.75
4. Roof Replacement SQ $ 185.00
1. Remove ceiling SF $ 4.00
2. Replace wooden posts 4"x4" EA $ 50.00
3. Replace wooden posts 4"x6" EA $ 55.00
1. Wet scrape and encapsulate SF $ 4.50
2. Remove/replace damaged wood siding SF $ 4.30
3. Wet scrape, prime, paint exterior (Wood Siding Clapboard) SF $ 4.00
4. Wet scrape, prime, paint exterior (Cement Siding Tile) SF $ 3.00
5. Remove/replace cement siding tile SF $ 6.75
1. Replace interior window trim LF $ 2.50
2. Replace exterior window trim LF $ 3.00
3. Remove, wet scrape, reinstall old windows UI $ 5.30
4. Install new windows (Vinyl) UI $ 3.75
5. Install new windows (Wood) UI $ 5.50
6. Install Picture Window UI $ 3.60
1. Abate friction points LF $ 2.50
2. Install new interior 30" flush door EA $ 256.00
3. Install new interior 36" flush door EA $ 276.00
4. Install new interior 30" 6 panel door EA $ 176.00
5. Install new interior 36" 6 panel door EA $ 296.00
6. Replace 36" wooden exterior door EA $ 460.00
7. Replace 36" metal exterior door EA $ 460.00
8. Replace 32" wooden exterior door EA $ 460.00
1. New 1/4" sheetrock drywall SF $ 3.75
2. New 3/8" sheetrock drywall SF $ 3.75
3. New 1/2" sheetrock drywall SF $ 3.75
4. New pre-finished wooden wall paneling SF $ 3.50
5. Remove loose paint and apply fresh paint SF $ 2.25
City of Fort Worth, Texas
��yor an�d-:Council Communicat�i�on
. ;�.. . - � ��, : ,
;.
� _ . .... . - -- - - - - -
COUNCIL ACTiON: Approved on 2119/2413 .
t_ .. ... . ... . ... .. .. _..-- .__. _. _ ...._ .....�.
._�,.__.._:_._..._.._ ..._..._......_ , .. ... ........... .. ......... - - - - - - -
-,DATE: Tuesday, February 9 9, 2013
LOG NAME: 17LEAD-SAFE PROGRAM VENDOR CONTRACTS
RE�ERE�vCE NO.: G-17816
SUB.IECT;
Authorize Execution of Contracts in the Amount of $800,000.00 Each with G.A. Miller Enterprise, Enc. d/b/a
Glenn's Air Conditioning and Heating, IntegrityTexas Construction, LTD and GTO Construction in Order to
Implement the Lead-Safe Program Grant (ALL COUNCIL DISTRICTS)
RECOMfV1ENDATiON:
lt is recommendad that the City Councif:
1. Authorize the City Manager or his designee to aufihorize the execution of one year contracts with G.A.
Miller Enterprise, Inc. d/bJa Glenn's Air Conditioning and Heafing, IntegrityTexas Construction, LTD and
GTO Construction for an amount up to $800,d00 each in order fo imp(ement the Lead-Safe Program
under ihe Lead Hazard Controi Grant;
2. Authorize the City Manager or his designee to extend ar renew the contracts untii the end of the granf
term, if necessary, for the completion of grant activities; and
3. Authorize tFte City Manager or his designee to amend the contracts, if necessary, to achieve program
goals provided that the amenciment is within the scope of the grant and pragram and it is in compliance
with City policies and applicable laws and regufations governing the use of federal grant funds,
DISCUSSiON:
On June 10, 2012, (M&C C-25938) the City accepted $3,000,000.00 grant for its Lead-Safe Program
under the Lead Hazard Reduction Demonstrafion Grant Program by the United States Depar�ment of
Housing and Urban D�velopment {HUD). The Ci#y Council also authorized $1,Q20,004.00 in Cammunity
Development Block Grant �unds as Match for the Grant {M&C C-25938). The purpose af the Cify's Lead-
Safe Program is to assess, treat and contro[ lead-based paint hazards in hausing units throughout the Ciiy
built priar to 1978 or in which chifdren under the age of six reside or visit. The program provides a iead
11i8j�vCt[Gi �/iiSiC aSScSSiiiEiii Oi hous�<<y u�,i�s a�►d iesiing o� i�la�a ;��' C('iliGf81� UC1Q@I' SIX. TiS� �t�r'1� �i50
pays for laad abat�menfi in elir�ible p� o�e�iies i�cludinr� re�lacement of windows, doors and e�cierior sidin�
and the removal of contaminated dust.
The period of performance forthis grant is June 1, 2012 through May 31, 2015. The program is limited_fo
home owners earning at or below 80 perc�nt of Area Median fncame (AMl) as established by HUD
annually, and to tenants earning between 6Q percent to 80 percent of AM1. The grant requires that p.riority
be given to housing unifs where a chifd under the age of six with an elevated bEood lead levef resides or
visits.
In order to treat and control, lead-based paint hazards, Staff issued a Request for Proposafs (RFP) for
contractors experienced vvith lead abatement. The RFPs wer.e advertised in the Fort Worth Sfar-Tele.qram
on �ctober__1.6,.2012_anc�October 23, 2012; 449 vendors.from.the.purchasing vendor__database were .._ .. :
invi#ed to respond. The RFPs consisted of detailed specifications describing tfie types of services io be
provided by fhe recommencied vendors including carpentry services, painting services, lead-based paint
abat�ment and remediation, interim control pracfices anct specialized cleaning techniques to address lead
ciust.
http://apps.c�wnet.org/ecouncil/printmc.asp?id=17998&print=true&DocType=Print 3/26/201.3
The fallowing vendors were sefected based on previous work experience, capacity to perform the required �
work and technical knowledge as it relates to lead-based paint abatement: .
� . � ___�_ —
;��';� �- • G.A. Miller Enterprise, [nc. d/b/� Glenn's Air Canditioning and Heating ��:� s. ��
_ • IntegrityTexas Construction, Ltd. _ �
• GTO Construction
The City's Minority Business Enterprise (MBE) goal an this program is 10 percent.
MBE - G.A. 1lfiifler Enterprise, Inc. d/b/a Gfenn's Air Conditioning and Heating, is in compliance with the
City's Business Diversiiy Enterprise (BDE) Ordinance commi#ting ta 'f0 percent MB� participation on this
project. Additionalfy, G.A. Miller Enterprise, inc. d/b/a Gfenn's Air Conditioning and Heating, is a certified
MBE firm. ,
MBE -lntegrityTexas Construction, LTD is in campfiance with the City's BDE Ordinance committing to 10
percent MBE participation on this project. Additiana(ly, lntegrityTexas Construcfion, LTD, is a certifi�d
MBE firm.
MBE - GTO Construction is in compEiance with the City's BDE Ordinance commifting to 'I O percent MBE
participation on this projeci. Addiiionally, GTO Construction is a certified MBE firm.
Staff recommends entering into contracts for lead hazard remediation and repairs with.the selectEd
contractors for an amount up to $800,000.00 each. Work wi(f be assigned on a rotationa( basis to each
• vendor. � �-
FISCAL INFC7RMATION / CERTIFfCATtON;
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund. �
FUND CENTERS:
TO FundlAccoun�lCenters
CERi[�ICATiONS:
Submitted for Cit Mana er's Office b:
Originating Department Head•
Addiiionat tnformation Contact:
FROM �undlAccoun�/Centers
GR76 539920 017206460690
GR76 539120 017206530690
GR76 539120 017206529020
Fernando Costa (6122)
Jay Chapa (5804)
Jay Chapa (5804)
Joe Cordava (7332)
ATTACHMENTS
1. Available Funds.pdf (CFW Internal)
2. G A Miller Enfer�rises.pdf {CFW Interna!)
3. �TO Construction.pdf (C�W Internal)
4. fn#egrity Texas Consfruction LTD ��f (CFW Internal}
�: ,
http://apps. cf�svn.et. azg/ecounciUpzintmc.asp?id=17998&print=true&DocType�Print
$401250.00
$618,750.00,
$1,480.000.00
�� .
3/26/2013