HomeMy WebLinkAboutContract 59936-A1TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CSC No. 59936-A1
AMENDMENT NO. 1 TO CONTRACT NUMBER 56230004072
FY 2023 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
Awarding Federal Agency: United States Department of Energy
TDHCA Federal Award Number: DE-EE0009933
Award Year (Year of Award from DOE to TDHCA): 2023
Unique Entity Identifier Number: ENS6MKS1ZL18
This Amendment No. 1 to FY 2023 U. S. Department of Energy ("DOE") Weatherization
Assistance Program Contract Number 56230004072 by and between the Texas Department of
Housing and Community Affairs, a public and official agency of the State of Texas ("Department')
and City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient") hereinafter
collectively referred to as "Parties".
RECITALS
WHEREAS, the Department and Subrecipient, respectively, executed FY 2023 U. S. Department of
Energy ("DOE") Weatherization Assistance Program Contract Number 56230004072 and
WHEREAS, the Parties desire to amend the Contract in the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Add Section 55. Buy America, Build America
USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. Contractor shall not
use any of the funds provided pursuant to this Contract for a project for the construction,
alteration, maintenance, or repair of a public building or public work unless all of the iron, steel,
and manufactured goods used in the project are produced in the United states except as
provided in Infrastructure Investment and Jobs Act (Public Law 117-58), also referred to as the
Bipartisan Infrastructure Law (BIL).
This new requirement applies to "infrastructure projects," as those terms are defined by the act:
"Projects" is defined as the "construction, alteration, maintenance, or repair of infrastructure in
the United States." "Infrastructure" includes the structures, facilities, and equipment for, in the
United States: • Roads, highways, and bridges; • Public transportation; • Dams, ports, harbors,
and other maritime facilities; - Intercity passenger and freight railroads; - Airports; - Water
systems, including drinking water and wastewater systems; - Electrical transmission facilities
and systems; - Utilities; - Broadband infrastructure; and - Buildings and real property.
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Buy America Requirements for Infrastructure Projects Federal assisted projects which
involve infrastructure work, undertaken by applicable recipient types, require that: all
iron, steel, and manufactured products used in the infrastructure work are produced in
the Unites States; and all construction materials used in the infrastructure work are
manufactured in the United States. Whether a given project must apply this
requirement is project -specific and dependent upon several factors, such as the
recipient's entity type, whether the work involves "infrastructure," as that term is
defined in Section 70914 of the Bipartisan Infrastructure Law, and whether the
infrastructure in question is publicly owned or serves a public function. For
Weatherization projects, this requirement will typically apply to work performed on
publicly -owned housing. In order for a building or project to be considered public, a
determination of what is a public building or public work must be made on a
case -by -case basis by the Department and then DOE Project Officer prior to any work
commencing. Weatherization work conducted on privately -owned residences is not
required to comply with this requirement.
Definitions: For the purposes of the Buy America requirements, the following
definitions apply:
a. Construction materials includes an article, material, or supply- other than an item
of primarily iron or steel; a manufactured product; cement and cementitious
materials,; aggregates such as stone, sand, or gravel; or aggregate binding agents
or additives - that is or consists primarily of:
i. Non-ferrous metals;
ii. Plastic and polymer -based products (including p o l y v i n y l c h l o r i d e,
composite building materials, and polymers used in fiber optic cables);
iii. Glass (including optic glass);
iv. Lumber; or
v. Drywall.
b. Infrastructure includes, at a minimum:
i. The structures, facilities, and equipment for, in the United States, roads,
highways, and bridges;
ii. Public transportation;
iii. Damns, ports, harbors, and other maritime facilities;
iv. Intercity passenger and freight railroads;
v. Freights an intermodal facilities;
vi. Airports;
vii. Water systems, including drinking water and wastewater systems; electrical
transmission facilities and systems;
viii. Utilities;
ix. Broadband infrastructure; and
x. Buildings and real property.
A. Infrastructure includes facilities that generate, transport, and distribute energy.
xii. The infrastructure in question must be publicly -owned or must service a
public auction; privately owned infrastructure that is sole utilized for private
use is not considered "infrastructure" for purposes of Buy America
applicability. The Department, not the Subrecipient will have the final say as
to whether a given project includes the infrastructure, as defined herein.
c. Project: The construction, alteration, maintenance, or repair of infrastructure in the
United States.
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3. Buv America Requirements for Infrastructure Proiects ("Buv America" requirements),
Funds. In accordance with Section 70914 of the BIL, none of the project funds
(includes federal share and recipient cost share) may be used for a project for
infrastructure unless:
a. All iron and steel used in the project are produced in the United States- this means
all manufacturing processes, from the initial melting stage through the application
of coatings, occurred in the United States;
b. All manufactured projects used in the project are produced in the United States -
this means the manufactured product was manufactured in the United States; and
the cost of the components of the manufactured product that are mined, produced,
or manufactured in the United States is greater than 55 percent of the total cost of
all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States- this means that
all manufacturing process for the construction material occurred in the United
States.
4. The Buy America requirements only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a Buy America requirements apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment that are used at or
within the finished infrastructure project, but are not an integral part of the structure or
permanently affixed to the infrastructure project. The Buy America requirements only
apply to articles, materials, and supplies that are consumed in, incorporated into, or
affixed to an infrastructure project. As such, it does not apply to tools, equipment, and
supplies, such as temporary scaffolding, brought to the construction site and removed
at or before the completion of the infrastructure project. Nor does the Buy America
requirements apply to equipment and furnishings, such as movable chairs, desks, and
portable computer equipment that are used at or within the finished infrastructure
project, but are not an integral part of the structure or permanently affixed to the
infrastructure project. These requirements must flow down to all sub -awards, all
contracts, subcontracts and purchase orders for work performed under the proposed
project. In limited circumstances, DOE may waive the application of the Buy America
requirements where DOE determines that:
B. Applying the Buy America requirements would be inconsistent with the public
interest;
C. The types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
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D. The inclusion of iron, steel, manufactured products, or construction materials produce in
the United States will increase the cost of the overall project by more than 25 percent.
This excludes cement and cementitious materials, aggregates such as stone, sand, or
gravel, or aggregate binding agents or additives. If Subrecipient seeks a waiver of the Buy
America requirements, it must provide documentation of the reasons for the waiver to the
Department, in accordance with <htti)s://www.eneray.aov/sites/default/files/2023-
06/Guidance%20on%20Submission%20of%20a%20DOE%20Buv%20America%20Reauir
ement%20Waiver%20Rea uest%2011-17.Ddf>. Waiver requests may take up to 120 days
to process.
2. All of the remaining terms of the Contract shall be and remain in full force and effect as therein
set forth and shall continue to govern except to the extent that said terms conflict with the terms
of this Amendment. In the event this Amendment and the terms of the Contract are in conflict,
this Amendment shall govern, unless it would make the Contract void by law.
3. Each capitalized term not expressly defined herein shall have the meaning given to such term
in the Contract.
4. This Amendment may be executed in several counterparts, each of which shall be deemed to
be an original copy, and all of which together shall constitute one agreement binding on Parties,
notwithstanding that all the Parties shall not have signed the same counterpart.
5. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing
party intends the copy of its authorized signature printed by the receiving machine or the
electronic transmission to be its original signature.
6. By signing this Amendment, the Parties expressly understand and agree that its terms shall
become a part of the Contract as if it were set forth word for word therein.
7. This Amendment shall be binding upon the Parties hereto and their respective successors and
assigns.
8. This Amendment shall be effective and memorializes an effective date of July 02, 2023.
WITNESS OUR HAND EFFECTIVE: July 02, 2023
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: September 12, 2023 5:25 pm
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By: Robert Wilkinson
Title: Its duly authorized officer or representative
Date: September 13, 2023 7:50 am
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[Executed effective as of August 14, 2023.] / [ACCEPTED AND AGREED:]
City:
By:
Name: Fernando Costa
Title: Assistant City Manager
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: a/ �
Name: Victor Turner
Title: Director Neighborhood Services
Approved as to Form and Legality:
Q uJ��
By:OO
Name: Jessika Williams
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-0629
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By Amy onnol i5 4 CDT)
Name: Amy Connolly
Title: Assistant Director, Neighborhood Services
City Secretary:
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By.
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Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX