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HomeMy WebLinkAboutContract 62065Page 1 CITY OF FORT WORTH JOB ORDER CONTRACT (JOC) SERVICES CONTRACT HOME REPAIR SERVICES 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 Angler’s Insulation, LLC, 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 “Abatement” means a measure or set of measures 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 of soil with a durable covering such as asphalt (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. “CDBG” means Community Development Block Grant. “CDBG Regulations” means regulations found at 24 CFR Part 570 et seq. “Contract Documents” means, collectively, this document, the Compliance Provisions (Attachment A), Program-Specific Conditions (Attachment A-1), Sample Job Order/Work Write Up (Attachment B), Bid Price Worksheet (Attachment C), and all other Attachments and documents that are attached or incorporated herein by reference. The Contract Documents shall be construed in the order of precedence in which they are listed. “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. “Housing Unit” means a residential unit occupied by a household eligible for services under any of the City’s Home Repair Services Programs and includes the real property on which the Housing Unit is located. Page 2 “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. “Interim Controls” means a set of measures designed to temporarily reduce human exposure or possible exposure to lead-based paint hazards. Such measures include, but are not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, and the establishment and operation of management and resident education programs. Monitoring, conducted by owners, and reevaluations, conducted by professionals, are integral elements of Interim Control. Interim Controls include dust removal; paint film stabilization; treatment of friction and impact surfaces; 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. “Job Order Contract” or “JOC”” is a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity governing agreement for the Work (“Project”). “Job Order” means an itemized list of the Work which contains sufficient detail to determine quantities and quality, and the time for performance. It includes any specifications and drawings required by City together with any change orders approved by City and Contractor. Work on a Housing Unit will be authorized by an individual Job Order on an as-needed basis. The term “Work Order” is synonymous with Job Order for the purposes of this contract. See sample Work Order/Job Order in Attachment B. “Lead Safe Housing Rule” means the regulations found at 24 CFR Part 35 subparts B-R. “LIHEAP” means Low Income Heating and Energy Assistance Program, funded with grant funds from the United States Department of Health and Human Services. “Owner” means the owner of the Housing Unit to be serviced. “Request for Proposals” or “RFP” means the Request for Proposals for Home Repair Services, RFP No. 24-0151, issued April 24, 2024. “TDHCA” means Texas Department of Housing and Community Affairs, which administers the WAP and LIHEAP programs. “Texas Administrative Code” means regulations of the State of Texas that govern the administration of LIHEAP and DOE weatherization grant programs. “Texas Environmental Lead Reduction Rule” or “TELRR” means 25 TAC 295.201-220, as amended from time to time. “WAP” means Weatherization Assistance Program, funded with grant funds from the United States Department of Energy. “Work” means the Home Repair Services provided by contractor under this contract, including any Weatherization, HVAC, Plumbing, Electrical, Roofing, Lead Hazard Reduction, or related rehabilitation and repair work performed 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 Reduction, HVAC, Plumbing, Electrical, Roofing, Flooring, Bathroom Repairs, Foundation Repairs, Insulation, Kitchen Repairs, General Carpentry, and/or Construction Management services for the purpose of assisting income-eligible and otherwise qualified residents with Home Repair Services in a Housing Unit. All Page 3 Work shall be performed in accordance with the TELRR, HUD Guidelines, the Lead-Safe Housing Rule, DOE WAP or DHHS LIHEAP regulations, and/or any other applicable regulations regarding performance of these home repair services with the use of the specified funds. B. Contractor acknowledges that the Project is assisted in whole or in part with Federal and State Grant funds awarded to the City and that any Job Order and Work performed shall be performed in strict accordance with all requirements of the grant and affiliated Regulations as more particularly set out in Attachment A. C.Contractor shall do everything required by the Contract Documents for each Job Order including furnishing all of the labor, materials and equipment necessary to perform the Work. As applicable for the particular job assigned, all Work shall be performed by workers qualified for the activities according to HUD’s Lead Safe Housing Rule, and who are trained and certified by the Texas Department of State Health Services, Environmental Lead Branch, or by workers trained and certified under the EPA Renovation and Repair Rule. D. Contractor must perform the Work in accordance with the Building Code and all other relevant City, State and Federal building codes and any other applicable laws, ordinances and regulations. To the extent of conflict between any of the foregoing codes and standards, the more restrictive shall apply. Inconsistencies or conflicts between the Building Code and this 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. E. City will inspect all completed Work before payment to the Contractor is approved. Contractor must repair or replace all Work and materials that do not pass inspection. Such repair or replacement of Work shall be completed within 2 working days from written notification of the need for such repair or replacement by City. If the Work fails to pass final inspection, Contractor will be responsible for any fees associated with the re-inspection as well as any other fees or costs resulting from the failure of the Work to pass final inspection. For work performed on the Lead Hazard Reduction program, Contractor will be responsible for any fees associated with an additional clearance test, such as testing of dust wipes, as well as other associated costs; such costs may include the cost of lodging or any other additional relocation expenses for the Housing Unit’s occupants. F. 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. G. Contractor shall be responsible for moving furniture and/or 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 occupant’s furniture and personal belongings when applicable for the duration of the Work ARTICLE 3. INSURANCE REQUIREMENTS Contractor shall not commence Work until it has obtained all insurance coverage described in Article 36 of this contract and proof of such coverage has been received and approved by City. ARTICLE 4. TIME OF COMPLETION City shall provide Contractor a written Notice to Proceed for each Job Order which states a date for commencement and a date for completion of the Work. Contractor shall complete the Work within the number of calendar days specified in the Job Order. Approved change orders may extend the completion date. The time for completion of the Work is an essential element of this Contract. Contractor acknowledges that failure to complete the Work within the stated number of calendar days may result in suspension or termination of this Contract. ARTICLE 5. TERM OF CONTRACT This Contract shall commence as of the Effective Date and shall automatically expire 5 years 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 Page 4 obligation to cure or remedydefective Work, and Contractor’s warranty and indemnification obligations shall survive the Expiration Date or earlier termination of this Contract. CONTRACTOR ACKNOWLEDGES AND AGREES THAT THERE IS NO GUARANTEE THAT A SPECIFIC DOLLAR AMOUNT WILL BE SPENT UNDER THIS CONTRACT. ARTICLE 6. PAYMENT FOR SERVICES A.City shall pay Contractor for each Job Order based on the prices in Attachment C upon City’s acceptance of the completed Work and submission by Contractor of a detailed invoice. B.City shall have the unconditional right to withdraw a Job Order at any time so long as it has not issued a Notice to Proceed. If a Job Order is withdrawn, Contractor shall not be entitled to any compensation or reimbursement of any costs incurred by the Contractor for the withdrawn Job Order so long as the City has not yet issued a Notice to Proceed. C. For a Job Order to become effective, it must (1) be signed by City and Contractor, (2) be for a fixed price, lump sum for the Work, (3) be based on the prices in Attachment C, and (4) include a Notice to Proceed. City shall pay Contractor within 30 days of acceptance of Work. 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 Contractor shall not place a lien on the Housing Unit and will only look to the City for payment for Work. Placement of a lien on a Housing Unit by Contractor or any subcontractor will be grounds for termination of this Contract for cause. ARTICLE 8. PERMITS AND INSPECTIONS Contractor shall apply for all Building Permits and for any other permits required by a Job Order. Separate Building Permits shall be required for each Housing Unit. Contractor shall be responsible for scheduling all City inspections. All necessary inspections by the City’s Development Services Department for Building Permits must have occurred in order for final inspection of the Work by the City’s Neighborhood Services Department inspectors to be scheduled. Work must pass final inspection by both Development Services Department inspectors for Building Permits and Neighborhood Services 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 any applicable Lead Hazard Control clearance test as required by federal and state laws and be approved by inspectors from both the Planning and Development Department for Building Permits and the City’s Neighborhood Services Department for all Contract and federal and state law requirements. For work performed under the Lead Hazard Reduction Program, final inspection may include inspection by the Texas Department of State Health Services, Environmental Lead Branch. City reserves the right to perform inspections of the Work at any time, and any inspections performed by City or by others on behalf of City shall be for City’s sole benefit. The presence or absence of a City inspector does not relieve Contractor from any Contract requirement, and no inspector is authorized to change any term or condition of the Job Order or of the Contract Documents without the City’s written authorization. Quality control for the Work is the responsibility of Contractor. Contractor shall, without charge, replace or correct Work found by City not to conform to the Job Order or Contract requirements unless City consents to accept the Work with an appropriate adjustment in the Job Order price. ARTICLE 10. WARRANTY OF CONSTRUCTION AND MATERIALS Page 5 Contractor shall warrant that Work conforms to the Job Order and is free of any defect in material, design furnished, or workmanship performed by the Contractor or any of its design professionals, subcontractors or suppliers at any tier. All Work shall be warranted for a minimum of 1 year from the date of final acceptance of the Work. All repairs or replacement shall be at no cost or charge to City or the Owner or occupant, whether or not the materials are guaranteed by the manufacturer or supplier. The warranty shall not be construed to limit or in any way modify any warranties or guarantees placed upon any materials, fixtures or devices by their manufacturers, or any components for which a longer period of warranty is required in this Contract. Contractor shall furnish the Owner with all manufacturers' and suppliers' written guarantees, warranties and operating instructions covering materials furnished under this Contract, together 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) and/or the commission of fraud by Contractor may result in the termination of this Contract for cause and debarment from participating in any City contracts for not less than 3 years. THE MBE GOAL FOR THIS CONTRACT IS 25%. 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. The MBE firm(s) must be located or doing business in the City’s geographic market area at the time of the issuance of al Job Order. The City’s geographic market includes Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. The MBE firm(s) must also be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency or the Texas Department of Transportation Highway Division. Contractor shall deliver the monthly MBE reports and supporting documentation to the M/WBE Office which will verify that payments have been made to MBE subcontractors on each completed Job Order. On Job Orders that extend over 30 days in duration, the M/WBE Office will verify that payments have been made to the MBE subcontractors for work in-place. In addition, it is national policy to award a fair share of contracts to disadvantaged business enterprises (“DBEs”), small business enterprises (“SBEs”), minority business enterprises (“MBEs”), and women’s Page 6 business enterprises (“WBEs”) as defined by federal statutes and regulations. Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. ARTICLE 13. RELATIONSHIP OF PARTIES Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Contractor, its officers, agents, employees and subcontractors, and the doctrine of respondeat superior has no application as between City and Contractor. ARTICLE 14. NO THIRD PARTY BENEFICIARIES This Contract shall inure only to the benefit of City and Contractor and third persons not privy hereto shall not, in any form or manner, be considered a third1party 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 will be assigned if the following occur 3 or more times: a. Contractor fails to provide adequate supervision at the Housing Unit. b. Contractor fails to obtain appropriate permits and inspections. c. Contractor fails to meet all safety requirements herein, in particular Attachment A-1. d. Contractor fails to correct deficient work within 2 days as required in Article 2. e. Contractor fails to comply with any term of the Contract Documents. 2. City shall provide Contractor written notice of each occurrence in which Contractor has failed to comply with the terms of this Contract. After Contractor has been sent 3 written notices, City may send a notice of 30-day suspension or termination of this Contract to Contractor. B. Termination for Convenience City may terminate this Contract without cause with 30 days written notice to Contractor. Termination of this Contract and receipt of payment for services rendered up to the date of notice of termination are Contractor’s only remedies for the City’s termination for convenience. Contractor waives any claim (other than its claim for payment for services rendered up to the date of notice) it may have now or in the future for financial losses or other damages resulting from the City’s termination for convenience. C. Termination for Cause 1. City may terminate this Contract for cause for Contractor’s default, failure or inability to perform, failure to comply with any of the terms herein, or for other good cause including substandard work. Substandard work shall be defined as material or workmanship that deviates from or falls short of construction standards and practices. 2. Contractor shall be given written notice specifying the portions of the Contract in which Contractor is in default and will be given 15 days to cure the default. The notice of default shall also state the effective date of termination if the default is not cured. 3. If Contractor has not cured the default by the date specified, then City shall terminate the Contract on the date of termination. Contractor shall stop work on the date of termination. Contractor shall not receive any compensation for any Work performed after the date of termination. Page 7 D.Termination does not terminate any provisions of this Contract that have been expressly noted as surviving the Contract’s term or termination. Termination shall not affect or terminate any of City’s existing rights against Contractor or which may thereafter accrue because of Contractor’s default. E. Unless otherwise specified elsewhere in this Contract, the rights and remedies contained herein are not exclusive, but are cumulative of all rights and remedies which exist now or in the future. ARTICLE 16. WAIVER No waiver by either Party of any default or breach of any term, covenant or condition of this Contract shall operate as a waiver of any future breach or other default, whether of a like or different character or nature. ARTICLE 17. SEVERABILITY If any part of this Contract is for any reason found to be unenforceable, all other parts remain enforceable unless the result materially prejudices either Party. ARTICLE 18. WRITTEN AGREEMENT ENTIRE CONTRACT This written instrument and the Attachments and Exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitutes the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and must be executed by each Party to this Contract. ARTICLE 19. GOVERNING LAW AND VENUE This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Texas. The Parties agree that any action with respect to this Contract may only be brought in a court of competent subject matter jurisdiction located in Tarrant County, Texas. ARTICLE 20. INDEMNIFICATION CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT, WHETHER SUCH CLAIMS ARISE OUT OF CONTRACT OR TORT, SUITS FOR PROPERTY, WHETHER REAL OR PERSONAL, LOSS OR DAMAGE, PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY; AND CONTRACTOR DOES HEREBY COVENANT AND AGREE TO ASSUME ALL LIABILITY AND RESPONSIBILITY OF THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, Page 8 LICENSEES, INVITEES OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CONTRACTOR AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY’S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY’S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. ARTICLE 21. SURVIVAL Contractor shall remain obligated to City under all clauses of this Contract that expressly or by their nature extend beyond termination of this Contract, including but not limited to the warranty and indemnity provisions. ARTICLE 22. LITIGATION AND CLAIMS Contractor shall give City immediate notice in writing of any action, including any proceeding before an administrative body, filed against Contractor in conjunction with this Contract. Contractor shall immediately furnish to City copies of all pertinent papers received by Contractor with respect to such action or claim. Contractor shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. ARTICLE 23. CHANGES AND AMENDMENTS TO LAW Any changes in the terms of this Contract which are required by a change in state or federal law or regulation is automatically incorporated herein effective on the date designated by such law or regulation. Except as otherwise specifically provided herein, any other changes to the terms of this Contract shall be by amendment hereto in writing executed by the Parties. ARTICLE 24. PARAGRAPH HEADINGS FOR REFERENCE ONLY; NUMBER The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When the context requires, singular nouns and pronouns include the plural. ARTICLE 25. CONTRACT CONSTRUCTION The Parties acknowledge that each Party and, if it so chooses, its counsel 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. ARTICLE 26. CONTRACTOR HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. ARTICLE 27. NO BOYCOTT OF ISRAEL Page 9 If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. ARTICLE 28. IMMIGRATION NATIONALITY ACT Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. ARTICLE 29. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor’s signature provides written verification to City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. ARTICLE 30. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor’s signature provides written verification to City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. ARTICLE 31: CONTRACTOR AND SUBCONTRACTOR QUALIFICATIONS A. Contractor shall familiarize themselves with the quality and quantity of work to be performed and the materials and equipment required. Page 10 B.Contractor certifies that both Contractor and any subcontractors are licensed, certified and trained to perform the Work. Contractor shall provide proof of all applicable licenses and certificates for itself and for any subcontractors. C. Contractor and any subcontractors may not be debarred or suspended from performing work by any local, state or federal If Contractor or any subcontractors have been debarred, suspended or are not properly licensed or certified, this Contract shall automatically terminate. D.All necessary licenses and certificates shall be maintained throughout the Contract term. City shall have no responsibility or liability to determine the legitimacy, quality ability or good standing of any subcontractor. E.If specified in the work order, all Work must be performed using Lead Safe Work Practices, and with appropriately trained and certified staff, as defined by HUD and EPA under the Lead-safe Housing Rule and the EPA Renovation and Repair Rule. ARTICLE 32: 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 the Contractor's 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 an identification badge 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 shall wear uniforms which identify their employer. ARTICLE 33: 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. ARTICLE 34: 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. ARTICLE 35: 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, at Contractor’s cost shall have such testing performed. ARTICLE 36: 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 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: i. Commercial General Liability (“CGL”) Insurance Page 11 $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. ii. Automobile Liability $1,000,000 each accident on a combined single-limit basis, or $100,000 Property Damage and $250,000 Bodily injury per person and $500,000 Bodily Injury per person per occurrence. Coverage shall be a commercial business policy which provides coverage on “Any Auto”, defined as any vehicle owned, hired or non-owned. Specifically, this means coverage on any vehicle used by Contractor Personnel in the course of the providing services under this Contract. iii. Pollution Insurance $1,000,000.00 Pollution Insurance iv. Workers’ Compensation Insurance Statutory Limits Employer’s Liability $100,000 Each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers’ Compensation and Employers’ 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 the respective subcontractors do not maintain coverage, Contractor shall maintain the coverage on such subcontractor, if applicable, for each subcontract. v. Contractor is responsible for providing City a 30-day notice of cancellation or non- renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. B. Certificates of Insurance and Endorsements effecting coverage required by this Section shall be forwarded to both of the following: City of Fort Worth Purchasing Division 100 Fort Worth Trail Fort Worth, Texas 76102 City of Fort Worth Page 12 Neighborhood Services Department, Home Improvement & Construction Division 100 Fort Worth Trail Fort Worth, TX 76102 C. Additional Insurance Requirements i. The City, its officers, employees and volunteers shall be named as an Additional Insured. This requirement does not apply to Workers’ Compensation or Automobile policies. ii. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. iii. 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 Risk Management is required. iv. 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. v. Unless otherwise stated, all required insurance shall be written on the occurrence basis. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the Contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for 5 years following completion of the service provided under the Contract or for the warranty period, whichever is longer. An annual certificate of insurance submitted to City shall evidence such insurance coverage. vi. 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%. vii. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be acceptable to and approved by the City’sRisk 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. viii. 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. ix. 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. x. 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. Page 13 xi. Anyfailure 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. xii. In conjunction with the aforementioned requirements, Contractor must provide the same insurance coverage for any subcontractors employed within the scope of this Contract. ARTICLE 37: COST FOR WORK PERFORMED Contractor will perform the Work for the cost shown on the Bid Tabs or Bid Price Worksheet (Attachment C). ARTICLE 38: GENERAL WARRANTY Contractor warrants that all labor and materials are of the type and grades specified in the ITB 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 pay for all damage to other work resulting therefrom, which appears within 1 year from final payment. Contractor shall furnish to occupant all manufacturers' and suppliers' written warranties covering items furnished under this Contract prior to release of the final payment. ARTICLE 39: 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. 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: i. Contractor and any subcontractor will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Contractor and any Subcontractor 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. Contractor and any Subcontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Contractor and any Subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor and any Subcontractor, state that all qualified Page 14 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. iii. Contractor and any Subcontractor 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. iv. Contractor and any Subcontractor 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. v. 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. vi. 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. vii. 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 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 ARTICLE 40: 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. ARTICLE 41: 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. Page 15 ARTICLE 42: REPAIR OF DAMAGE AND DEBRIS REMOVAL A. Contractor is responsible for repairing any damage to utility lines that may occur during the course of performing its duties under this Contract. Contractor shall repair and/or replace damaged sod, shrubbery, sidewalks, driveways, etc. that are damaged during its performance of this Contract. Sod and shrubbery must be replaced with the same type that was damaged. B. 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 these items. ARTICLE 43: SAFETY Contractor shall be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but not be limited to EPA regulations, City Ordinances, and Occupational Safety and Health Administration (OSHA) regulations. In addition, Contractor shall be wholly responsible for instructing its employees and subcontractors in these safety measures and seeing that they are in full compliance. ARTICLE 44: 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. ARTICLE 45: DEFECTIVE WORK AND DAMAGES A. Contractor shall be wholly responsible for and shall promptly correct or restore all defective work or damage to any Housing Unit caused by its activities at no cost to the City or 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. ARTICLE 46: INSPECTIONS AND PERMITS Contractor shall apply for and obtain all permits prior to performing the Job Order with the City’s Development Services Department for all Work requiring a permit. Contractor shall arrange for inspections and inform the City’s Neighborhood Services Department as to the date and time of any inspection. All permits shall be billed as a 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 proof documentation will result in non-payment of permit expenditure. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Page 16 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ______________________________ Name: Jesica McEachern Title: Assistant City Manager Date: _______________ APPROVAL RECOMMENDED: By: ______________________________ Name: Kacey Bess Title: Director, Neighborhood Services ATTEST: By: ______________________________ Name: Janette S. Goodall Title: City Secretary 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: ______________________________ Name: John Cain Title: Neighborhood Development Manager APPROVED AS TO FORM AND LEGALITY : By: ______________________________ Name: Jessika J. Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C:24-0817 Form 1295: 2024-1187859 CONTRACTOR: Angler’s Insulation, LLC By: Name: Steve Sumberaz Title: Owner ATTACHMENT A: COMPLIANCE Page 17 COMPLIANCE Any program under this contract that is funded with federal funds, such as CDBG, CSBG, or Department of Energy, is subject to the Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA) as supplemented by Department of Labor regulations at 29 CFR Part 5. FLSA sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. CWHSSA sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours per week. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS. The program may be assisted in whole or in part by Community Development Block Grant (“CDBG”) funds. Should the project be assisted with CDBG funds, any work orders will be subject to the following applicable 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 amount of the CDBG funds provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. - The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees. - Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F. - Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons. - Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. - Copeland “Anti-Kickback “ Act (18 USC 874 et seq.) as supplemented in 29 CFR Part 5 - Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11,1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995). - Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the ATTACHMENT A: COMPLIANCE Page 18 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 - EPA RULE - TELRR RULE - Requirement that Law Be Quoted in Covered Contracts. – Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. Sections 1701 et seq.) and its related regulations at 24 CFR Part 135 If 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 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representatives of the contractor’s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135 F. Noncompliance with HUD’s regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian- owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section ATTACHMENT A: COMPLIANCE Page 19 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, if applicable to the Program, 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. Work projects assigned under this contract may be assisted with Weatherization Assistance Program (WAP) funds from the U.S. Department of Energy, or Low Income Heating and Energy Assistance Program (LIHEAP) from the U.S. Department of Health and Human Services. WAP and LIHEAP are pass-through funds from the Texas Department of Housing and Community Affairs. (TDHCA). To the extent that any project assigned under this contract is funded through WAP or LIHEAP, Contractor shall comply with all applicable federal regulations as well as any applicable provisions of the Texas Administrative Code and requirements of TDHCA related to these programs. 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, (24 CFR Part 570 et seq.), and the Texas Administrative Code, and federal regulations of the Department of Energy related to WAP, and federal regulations of the Department of Health and Human Services related to LIHEAP. Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the above-mentioned federal and state regulations. 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. 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. 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. City, HUD, DOE, DHHS, TDHCA, 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. 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. ATTACHMENT A-1 PROGRAM-SPECIFIC CONDITIONS Page 20 I.PRIORITY REPAIR PROGRAM A. The program provides assistance for home repairs which, if neglected, pose immediate threats to the health and safety of the homeowner. B.All work shall be done in accordance with the standards of all trades known as a “workmanship like manner” and in accordance with the City’s approved minimal acceptable standards documents. C.The work shall include all labor, materials, equipment, permit, drawings and services necessary for the completion of the rehabilitation of the property in accordance with the acceptable building standards. D.All work shall comply with the existing Building, Plumbing, Electrical and Mechanical Codes of the existing Neighborhood Services Specifications and the City of Fort Worth. E. The contractor shall take all precautions necessary to protect existing trees, plants, sidewalks, buildings, vehicles, et., in the areas where work is being done. The contractor shall repair, rebuild and make good at his own expense, any injuries and damage to the same which may result from work being carried on under their contract. Clean up and removal from the site of all debris and waste materials resulting from this work shall be the responsibility of the contractor. F. Permits -The Contractor must apply for and obtain all permits prior to beginning work with the appropriate jurisdiction for all work performed under this contract that requires a permit. The Contractor shall arrange for inspections with appropriate local inspectors and City technicians. All permits shall be billed as pass through costs and listed Priority Repair with the appropriate jurisdiction for all work performed under this Contract that requires a permit. The Contractor shall arrange for inspections with appropriate local inspectors. All permits shall be billed as pass through costs and listed as a separate line item on any invoices. When applicable, the Contract shall indicate the charge to be paid by City for overhead costs related to obtaining any building permit required by the work items related to the services being provided. The Contractor must provide proper documentation with each client invoice in order to support payment of a permit. Failure to provide the supporting proof of documentation will result in non-payment. G. Contractor shall comply with the requirements of the Environmental Protection Agency (EPA), including the Lead-Based Paint Renovation, Repair and Painting Program Rule (RRP) and applicable HUD and CDBG regulations. Contractor must follow the requirements of the RRP Rule when performing renovation, repair, and painting programs in houses built before 1978, including using lead- safe work practices. Contractor and any subcontractors performing renovation repair, and painting projects that disturb lead-based paint in pre-1978 houses must be certified by the EPA. Contractor shall also abide by any laws, regulations or rules pertaining to lead remediation promulgated by the State of Texas or any agency thereof. II. LEAD BASED PAINT HARZARD REDUCTION AKA LEADSAFE AND HEALTHY HOMES PROGRAM H. All Work must be performed using Lead Safe Work Practices, and with appropriately trained and certified staff, as defined by HUD and EPA under the Lead-safe Housing Rule and the EPA Renovation and Repair Rule. I. Cleaning methods during and following lead hazard reduction work must follow HUD guidelines under the Lead Safe Housing Rule, to include but not be limited to, use of wet mops, High Efficiency Particulate Air (HEPA) vacuums, and other specific methods to control and eliminate lead-based paint dust and ensure passage of final clearance tests. J. LeadSafe Program work may be performed with CDBG funds, therefore all requirements cited in Attachment A regarding the Compliance with Federal funds regulations, are also applicable to the LeadSafe Program. K. Work must pass visual inspection and/or any applicable Lead Hazard Control clearance test as required by federal and state laws. For work performed under the Lead Hazard ATTACHMENT A-1 PROGRAM-SPECIFIC CONDITIONS Page 21 Reduction Program, final inspection may include inspection by the Texas Department of State Health Services, Environmental Lead Branch. L.Supervision: For all assigned projects involving Lead-Based Paint Hazard Reduction, Contractor shall, during all periods of Contract performance, provide competent supervision of Contractor’s employees and subcontractors by a state certified Lead Supervisor to assure complete and satisfactory fulfillment of the Work and the terms of this Contract. A Lead Supervisor must be present on the job site at all times. An exception will be allowed only if the Lead Supervisor leaves for no more than 2 hours a day and 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. III.WEATHERIZATION PROGRAM A.Contractor must read and understand energy audits and weatherization program work orders. B.Permits -The Contractor must apply for and obtain all permits prior to installation of weatherization measures with the appropriate jurisdiction for all work performed under this Contract that requires a permit. The Contractor shall arrange for inspections with appropriate local inspectors. All permits shall be billed as pass through costs and listed as a separate line item on any invoices. When applicable, the Contract shall indicate the charge to be paid by City for overhead costs related to obtaining any building permit required by the work items related to the services being provided. The Contractor must provide proper documentation with each client invoice in order to support payment of a permit. Failure to provide the supporting proof of documentation will result in non-payment permit expenditure. C.Air Exchange -Using blower door guided air-sealing approaches, the Contractor must perform blower door test before submitting the unit for payment to NSD (Neighborhood Services Department) and record a final blower door reading for each unit. The Contractor shall install weather-stripping, caulking and bypass sealing to reduce air exchange rates in eligible dwellings; and program measures designed to preserve the integrity of the home's thermal envelope, reduce appliance energy consumption, and ensure resident's health and safety. D.Contractor shall provide all labor, material, supplies, and equipment to perform the following energy conservation measures on program-eligible dwellings, which includes, without limitation, the following: a.Blower door and duct blaster testing b.Air bypass sealing attic and crawl space with spray foam c.Blown in fiberglass attic insulation, dense pack wall insulation, and floor insulation d.Caulking and weather-stripping e.Window and door repair and replacement f.Duct leakage sealing g.Insulation of water heater and water heater pipes h.Attic ventilation i.Solar screens j.Minor home repairs k.Minor plumbing repairs, gas, water, drain and waste l.Water savers m.Kitchen and bathroom exhaust fans n.Carpentry o.LED light bulbs, and retrofit kits p.Smoke and Carbon Monoxide Detectors q.Roofing Services (i.e. minor repair, installation, decking, removal) ATTACHMENT A-1 PROGRAM-SPECIFIC CONDITIONS Page 22 r.Repair or remove broken glass and install new glass with glazing s. Duct repair or replacement t. High/low combustion venting u. Foundation underpinning v. Mobile home modification energy measures (door repair and replacement, siding, interior vents, exhaust fans, skirts, etc.) w.Remove & Replace burglar bars x. Repair, retrofit, and replace inefficient home heating/cooling systems, water heaters, and refrigerators y.Service, clean, and adjust heaters, including un-vented space heaters, cook stoves, ovens, water heaters, and lower carbon monoxide levels per specifications stated in the Texas Department of Housing and Community Affairs CTDHCA") Weatherization and Mechanical Field Guides and A-I OCFR440 z. Materials and/or equipment purchased can be inspected by a NSD's representative to determine conformity with the quality requirements of the call for bids when necessary, NSD may require documentation detailing the product specifications for the purposes of determining whether the material conforms, in all aspects, to the required standard work specifications. aa. Contractor shall be fully responsible for the removal and proper disposal of all chemicals, material equipment, units, appliances, and component parts associated with repair and/or replacement services. bb. All appliances and equipment used for retrofit, repair, and/or replacement shall be energy star rated, unless otherwise approved. cc. All weatherization measures installed must have an approved State of Texas Energy Audit savings-to-investment ration ("SIR") of one or greater unless otherwise indicated as health and safety or incidental repair items. Weatherization measures installed shall begin with those having the greatest SIR (on approved State of Texas Energy Audit) and proceed in descending order to the measures with the smallest SIR or until the maximum allowable per unit expenditures are achieved. Contractor shall weatherize eligible dwelling units using only weatherization materials which meet or exceed the standards prescribed by the United States Department of Energy ("DOE") in Appendix A to Part 440 of the W AP Regulations, State of Texas adopted International Residential Code ("IRC") or jurisdiction authorized by State law to adopt later editions. dd.Services performed shall meet or exceed the latest standards and procedures of the National Electrical Code, American Society of Heating, Refrigerating and Air- Conditioning Engineers, Uniform Plumbing Code, International Plumbing Code and Fuel Gas Code and Department of Energy Weatherization guidelines. E. The product of labor and skill executed, and quality of materials must be in accordance with City, State, and Federal building codes and regulations and/or according to the Weatherization Installation Standards for the State of Texas. A copy of this manual may be obtained by writing the Weatherization Assistance Program, Attention: James Armstrong, Neighborhood Services Department, 818 Missouri Ave. Fort Worth, TX 76104 Suite 245. F. Contractor shall arrange and schedule all work with the homeowner/occupant in accordance with City-designated orders, if applicable. G. Contractor shall provide all transportation of tools, materials, and personnel to job sites. H. Contractor shall provide adequate, trained on-site supervision of all Services. I. Contractor shall follow all Texas Administration Code regulations as indicated at J. https://www.tdhca.texas.gov/weatherization-assistance-program-wap-program-guidance K. In addition to the training or certification requirements required by law, the Contractor and all associated crew members will be required to attend mandatory training prior to commencement of any services. The training will include, without limitation, the following: a. Lead Safe Weatherization (LSW) / Environmental-Protection Agency (EPA) requirements. b. OSHA 10 for crew members and 30 for supervisors c. Material Installation Standards. L. The Contractor is responsible for maintaining and submitting necessary documents and ATTACHMENT A-1 PROGRAM-SPECIFIC CONDITIONS Page 23 reports as may be required by the City, in its sole discretion, on weatherization projects. The Contractor shall comply with the record keeping requirements set forth in section 440.24 of the WAP Regulations, any record keeping requirements set forth in any applicable funding agreements between the City and TDHCA (including Fort Worth City Secretary Contract Number 43428, Section 9: Record Keeping Requirements), all of which shall be incorporated herein by reference as if fully reproduced herein, and with other such additional record keeping requirements as set forth herein, including, but not limited to, the following: a. Unit Completion Form, (request for a final inspection); b.Invoice for material, labor, and total charge for each home weatherized in accordance all required standards and specifications, including, but not limited to, Billing Instructions, Number 16 of the Standard Specifications and Conditions, and a form that will be e-mailed from NSD. c. Itemized materials invoice; and d. Building permit, when applicable, that indicates acceptance of work by the City's Planning and Development Department; these documents must be submitted with the invoices. M. Contractor shall comply with the requirements of the Environmental Protection Agency (EPA), including the Lead-Based Paint Renovation, Repair and Painting Program Rule (RRP). Contractor must follow the requirements of the RRP Rule when performing renovation, repair, and painting programs in houses built before 1978, including using lead- safe work practices. Contractor and any subcontractors performing renovation repair, and painting projects that disturb lead-based paint in pre-1978 houses must be certified by the EPA. Contractor shall also abide by any laws, regulations or rules pertaining to lead remediation promulgated by the State of Texas or any agency thereof. N. Additional Cost for Lead Safe Weatherization (LSW). For jobs involving LSW, Contractor may charge if more than 6 continuous square feet inside the house and 10 continuous linear feet on the exterior of the house is disturbed. O. The Contractor is required to provide at least one valid e-mail address to which the City may send or receive the following: a. Program Correspondence b. Notification of Assignments c. Invoices d. Client Complaints e. Status Reports on Unit Completion f. Request for Inspection g. Other Critical Documents / Memos IV. HOUSEHOLD CRISIS PROGRAM A. The awarded vendor, hereinafter referred to as “Contractor,” shall furnish all equipment, materials, repair personnel, parts, permits, and all tools required to perform assessments, maintenance, and repair services on heating, ventilation & air cooling (HVAC) electrical systems (assessment and repair only) as requested and directed by the City of Fort Worth Community Action Partners (CAP). The home must be owned by the applicant, if the participant’s rents/leases the home, the landlord must provide written approval to allow the recommended work. CAP staff will provide the form for the landlord to complete. B. The Program is designed to aid CAP participants in achieving energy self-sufficiency by addressing inefficient HVAC electrical/gas systems in the participants’ homes. a. CAP staff will inform Contractor the amount allowed for each participant. C. Contractor shall: a. Properly operate a Freon Reclaim unit b. Properly assess and install window air conditioners and seal according to specifications set forth by the Texas Department of Housing and Community Affairs ATTACHMENT A-1 PROGRAM-SPECIFIC CONDITIONS Page 24 c. Have the resources to communicate in writing and verbally (in person and by phone) with participants who speak other languages (primarily Spanish) d. Have appropriate dress attire and proper identification, to assure the City’s participants can readily identify technicians providing services at the participants’ homes e. Perform assessments within ten (10) business days after receiving a work order and a Blanket Purchase Order Release Number f.Under normal circumstances all work orders shall be completed within one (1) month of receipt of work orders. g. Exceptions to this requirement shall be allowed only in the event an eligible participant is unavailable for scheduled service delivery. h. Not alter any work order without authorization from CAP staff i. Provide program staff with documentation of the number of contact attempts per participant. j. The Contractor shall assess and complete assessment forms, provided by CAP, on all appliances [window units, electric space heaters and electric/gas HVAC systems). k.Assessment forms are to be completely filled out or, where not applicable, “N/A” is to be reflected. (EXHIBIT ONE). l. Signature of technician(s) performing the work and the participant must be on all forms provided. m. Under normal conditions, Contractor shall contact the participant to schedule a time to survey and perform each assigned jobsite assessment within ten (10) business days of notification by an authorized CAP employee. n. Contractor shall complete the assessment form(s) for each jobsite and submit overall assessment to CAP staff to receive authorization to proceed with completing the work order (EXHIBIT TWO) within ten (10) business days of completing the assessment. o. Unless otherwise instructed, Contractor shall contact the participant to schedule a time and to complete the work order within ten (10) business days after receiving authorization to proceed from CAP. p. Contractor shall submit the invoice for payment electronically within ten (10) business days of completing the assignment. Invoices shall be dated the day of submission. q. If CAP specifies the work order as an energy crisis, Contractor(s) shall survey jobsite within 24 business hours and complete all work within 48 business hours of the receipt of authorization to proceed. r.If CAP specifies a work order to present a life-threatening situation, Contractor(s) shall complete all work at the jobsite within 18 business hours of the receipt of authorization to proceed. s. The Contractor must provide the participant with a one (1) year warranty for all worked performed. t. The Contractor must provide before and after photos (which include the serial numbers) of all HVAC system repairs. V. HEALTHY HOMES FOR HEROES A. The awarded vendor, hereinafter referred to as “Contractor,” shall furnish all equipment, materials, repair personnel, parts, permits, and all tools required to perform assessments, maintenance, critical home repairs, home modifications, and weatherization as requested and directed by the City of Fort Worth Community Action Partners (CAP). Program provides assistance to low-moderate income veterans, disabled veterans and surviving spouses. The homeowner must reside in Tarrant County, be their primary residence and must provide written approval to allow the recommended work. B. The Program is designed to aid CAP participants in achieving healthy home and energy self-sufficiency by addressing problematic issues that impact the integrity of the home ATTACHMENT A-1 PROGRAM-SPECIFIC CONDITIONS Page 25 that may have made it difficult for the participants to maintain independent living a. CAP staff will inform Contractor the amount allowed for each participant. C. The program aids with home repairs which, if neglected, pose immediate threats to the health and safety of the homeowner. D. The program provides assistance with home modifications, that will aid the homeowner in maintaining independent living. E.All work shall be done in accordance with the standards of all trades known as a “workmanship like manner”. F. The work shall include all labor, materials, equipment, permit, drawings and services necessary for the completion of the rehabilitation of the property in accordance with the acceptable building standards. G. All work shall comply with the existing Building, Plumbing, Electrical and Mechanical Codes of the existing Neighborhood Services Specifications and the City of Fort Worth. H.The contractor shall take all precautions necessary to protect existing trees, plants, sidewalks, buildings, vehicles, et., in the areas where work is being done. The contractor shall repair, rebuild and make good at his own expense, any injuries and damage to the same which may result from work being carried on under their contract. Clean up and removal from the site of all debris and waste materials resulting from this work shall be the responsibility of the contractor. I. Permits -The Contractor must apply for and obtain all permits prior to beginning work with the appropriate jurisdiction for all work performed under this contract that requires a permit. The Contractor shall arrange for inspections with appropriate local inspectors and City technicians. All permits shall be billed as pass through costs and listed Priority Repair with the appropriate jurisdiction for all work performed under this Contract that requires a permit. The Contractor shall arrange for inspections with appropriate local inspectors. All permits shall be billed as pass through costs and listed as a separate line item on any invoices. When applicable, the Contract shall indicate the charge to be paid by City for overhead costs related to obtaining any building permit required by the work items related to the services being provided. The Contractor must provide proper documentation with each client invoice in order to support payment of a permit. Failure to provide the supporting proof of documentation will result in non-payment. J. Contractor shall comply with the requirements of the Environmental Protection Agency (EPA), including the Lead-Based Paint Renovation, Repair and Painting Program Rule (RRP) and applicable HUD and CDBG regulations. Contractor must follow the requirements of the RRP Rule when performing renovation, repair, and painting programs in houses built before 1978, including using lead- safe work practices. Contractor and any subcontractors performing renovation repair, and painting projects that disturb lead-based paint in pre-1978 houses must be certified by the EPA. Contractor shall also abide by any laws, regulations or rules pertaining to lead remediation promulgated by the State of Texas or any agency thereof. ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Work Write-Up PRP -Electrical-Floor-Siding Dated: 01/01/2024 CUSTOMER INFORMATION Last Name, First Name Street Address Phone Number PREPARED BY email@fortworthtexas.gov * NOTE * THE CUSTOMER AND CONTRACTOR MUST SIGN THE BOTTOM OF EACH PAGE ONLY IF 1) THIS WORK WRITE-UP BECOMES PART OF A CONSTRUCTION CONTRACT 2) THE UNDERSIGNED CUSTOMER AND CONTRACTOR HAVE REVIEWED, APPROVED AND AGREED TO THE WORK AND PRICES DESCRIBED IN THIS WORK WRITE-UP Note to Contractor: ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Location: Middle Bedroom Electrical Quantity Units Total 1 - ELECTRIC SERVICE--200 AMP PANEL (Specification ID:0 Estimated Qty:1) 1 Replace existing electrical service with a residential, 200-amp, single phase, 3 wire electric service. Dispose of old electric service to code legal dump. Include a main disconnect, 110/220-volt, 40 circuit panel board, meter socket, weather head, service cable, and ground rod and cable. Seal all exterior service penetration. Location: All Bedrooms and Hallway Electrical Quantity Units Total 2 - SMOKE DETECTOR-HARD WIRED (Specification ID:0 Estimated Qty:4) 4 EA Install a UL approved, ceiling mounted smoke and heat detector permanently wired into a ceiling mounted receptacle box. Location: Hallway Electrical Quantity Units Total 3 - LIGHT FIXTURE AND WALL SWITCH (Specification ID:0 Estimated Qty:1) 1 EA Install a ceiling mounted, UL approved, 2 LED bulb light fixture controlled by an ivory switch with an ivory cover located at the strike side of the door. Fish wire and repair all tear out to match existing, tape and bed and make ready for texture and paint. ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Location: Kitchen Electrical Quantity Units Total 4 - GFCI - WALL PLUG/NEW CIRCUIT (Specification ID:0 Estimated Qty:1) 1 EA Remove existing duplex receptacle; install one new ground fault circuit interrupter GFCI outlet, match existing amp and color for each home run circuit per manufactures instructions. Note: It's not required to install a GFCI outlet for each receptacle if wired in series. ALL NEW GFCI OUTLETS MUST PASS A TEST BUTTON SIMULATED ARC TEST, WITH A GFCI TESTING DEVISE TO MEET CITY OF FORT WORTH CODE. RUN NEW 12/2 ROMEX IF NECESSARY TO PASS THE ARC TEST BUTTON TEST. Repair all tear out to match existing, tape and bed and make ready for texture and paint. This callout is to update or remove and replace the plug in the kitchen to the left hand side of the sink, which at this time is not a GFCI plug. 5 - LIGHT FIXTURE AND WALL SWITCH ( Over Sink ) (Specification ID:0 Estimated Qty:1) 1 EA Install a ceiling mounted, UL approved, 2 LED bulb light fixture controlled by an ivory switch with an ivory cover located at the strike side of the door. Fish wire and repair all tear out to match existing, tape and bed and make ready for texture and paint. Subtotal for- Electrical Location: Living Room Ceiling Electrical Quantity Units Total 6 - LIGHT FIXTURE (Specification ID:0 Estimated Qty:1) 1 EA Replace the light fixture with a new UL approved 2-bulb L.E.D. light fixture controlled by the present wall switch. There will be two ceiling lights installed in the living room so space them out. ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 7 - LIGHT FIXTURE AND WALL SWITCH (Specification ID:0 Estimated Qty:1) 1 Install a ceiling mounted, UL approved, 2 LED bulb light fixture controlled by an ivory switch with an ivory cover located at the strike side of the door. Fish wire and repair all tear out to match existing, tape and bed and make ready for texture and paint. There will be two ceiling lights installed in the living room so space them out. Subtotal for-Electrical Location: Master Bedroom Electrical Quantity Units Total 8 - 15 AMP-RECEPTACLE / PLUG, REPLACE (Specification ID:0 Estimated Qty:1) 1 EA Install an ivory, duplex, 15 amp plug receptacle and ivory cover plate at least 15” above floor level replacing the old nonfunctioning wall plug. For plug by exterior door 9 - INSTALL CEILING FAN WITH LIGHT KIT (Specification ID:0 Estimated Qty:1) 1 EA Install a new ceiling fan with light kit to the existing electric on ceiling. Subtotal for-Electrical Location: Main Bathroom Electrical Quantity Units Total 10 - GFCI - WALL PLUG/NEW CIRCUIT (Specification ID:0 Estimated Qty:1) 1 EA Remove existing duplex receptacle; install one new ground fault circuit interrupter GFCI outlet, match existing amp and color for each home run circuit per manufactures instructions. Note: It's not required to install a GFCI outlet for each receptacle if wired in series. ALL NEW GFCI OUTLETS MUST PASS A TEST BUTTON SIMULATED ARC TEST, WITH A GFCI TESTING DEVISE TO MEET CITY OF FORT WORTH CODE. RUN NEW 12/2 ROMEX IF NECESSARY TO PASS THE ARC TEST BUTTON TEST. Repair all tear out to match existing, tape and bed and make ready for texture and paint. ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 11 - HEAT, VENT EXAUST FAN (Specification ID:0 Estimated Qty:1) 1 Install a ceiling mounted fixture containing a 1200 watt, forced air heater, and an exterior ducted vent fan with damper, capable of 60 cfm, controlled by 2 manufacturer-supplied switches on an independent 20-amp circuit, using #14 copper Romex. Fish all wire and patch all tear out. Subtotal for Electrical General and Carpentry Quantity Units Total 12 - FLOOR ASSEMBLY—BATHROOM (Specification ID:0 Estimated Qty:33) 33 SF Remove all fixtures not built-in. Remove floor covering and old subfloor underlayment. Replace sub floor and any bad joists to restore floor to sound and level condition. Replace any sewer piping needed. Install insulation under floor. Install 3/4" underlayment and one-piece vinyl sheet goods. Install 1” X 4” molding or colonial molding against walls at floor painted and caulked. Install threshold. Reinstall fixtures. Check for leaks. Correct all damage to walls, and fixtures caused by removing/reinstalling. 13 - HARDIE BACKER-CEMENT BOARD ½” (Specification ID:0 Estimated Qty:82) 82 SF Install Hardie Backer cement board to all tub/shower walls after removal of any old drywall; break/cut each piece to end over a wall stud so all edges are secure. Install using the manufacturer's approved adhesive or fasteners. Carefully fit around all faucet components before installing FRP board. 14 - INSTALL PRE-HUNG INTERIOR DOOR 32" (Specification ID:0 Estimated Qty:1) 1 EA Remove the door going into the main bathroom and replace it so the door opens into the bedroom. Includes all hardware prime and paint. 15 - LAMINATE - WATER PROOF- FRP BOARD (Specification ID:0 Estimated Qty:96) 96 SF Install fiberglass reinforced board (FRP) to tub/shower area, prepare substrate surface and install using the manufacturer's approved adhesive and trim. Carefully fit around all faucet components. Clean all surfaces and caulk all seams and penetrations with one continuous bead of 100% silicone caulk. ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 16 - TUB/SHOWER HANDICAP GRAB BAR – LARGE 36” (Specification ID:0 Estimated Qty:1) 1 EA Install tub/shower grab bar per general requirement. Be sure to attach to blocking in the wall. Get homeowner input on position. 17 - TUB/SHOWER HANDICAP GRAB BAR – SMALL 24” (Specification ID:0 Estimated Qty:1) 1 EA Install tub/shower grab bar per general requirement. Be sure to attach to blocking in the wall. Get homeowner input on position. Subtotal for-General and Carpentry PLUMBING Quantity Units Total 18 - BATHROOM DRAIN LINES AND P-TRAP (Specification ID:0 Estimated Qty:1) 1 EA Replace all of the drain lines including the p-trap under the sink from wall stub out to the sink fixture with all new PVC drain lines and p-trap. 19 - FIBERGLASS SHOWER STALL HANDICAP ACCESSIBLE PAN (Specification ID:0 Estimated Qty:1) 1 EA Remove the tub and install a 60"x 32" fiberglass shower stall molded base (pan), including PVC waste line and P-trap tied back into the main sewer line for the house. 20 - NEW COMMODE--REPLACE--1.6 GPF (Specification ID:0 Estimated Qty:1) 1 EA Install a 2-piece, close coupled, white, vitreous china, elongated commode with a maximum water usage per flush of 1.6 Gallons. Include plastic or pressed wood white seat, stainless steel supply line, shut-off valve, tank parts and wax ring. 21 - ROD AND CLEAN DRAINS (Specification ID:0 Estimated Qty:1) 1 EA Rod and clean drain lines at each fixture to clear lines from fixtures to main sewer line. This will include the washer area, kitchen and bathroom, make sure the main sewer line in the yard is clear. This is for just the main bathroom tub drain line. ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 22 - TANKLESS GAS WATER HEATER 6-7 GPM 150K-180K BTU (Specification ID:0 Estimated Qty:1) 1 EA Verify gas pipe sizing to feed BTU's, install tankless gas water heater including all new fittings. Subtotal for-PLUMBING Location: Master Bathroom Electrical Quantity Units Total 23 - HEAT, VENT EXAUST FAN (Specification ID:0 Estimated Qty:1) 1 Install a ceiling mounted fixture containing a 1200 watt, forced air heater, and an exterior ducted vent fan with damper, capable of 60 cfm, controlled by 2 manufacturer-supplied switches on an independent 20-amp circuit, using #14 copper Romex. Fish all wire and patch all tear out. 24 - GFCI - WALL PLUG/NEW CIRCUIT (Specification ID:0 Estimated Qty:1) 1 EA Remove existing duplex receptacle; install one new ground fault circuit interrupter GFCI outlet, match existing amp and color for each home run circuit per manufactures instructions. Note: It's not required to install a GFCI outlet for each receptacle if wired in series. ALL NEW GFCI OUTLETS MUST PASS A TEST BUTTON SIMULATED ARC TEST, WITH A GFCI TESTING DEVISE TO MEET CITY OF FORT WORTH CODE. RUN NEW 12/2 ROMEX IF NECESSARY TO PASS THE ARC TEST BUTTON TEST. Repair all tear out to match existing, tape and bed and make ready for texture and paint. 25 - LIGHT FIXTURE OVER MIRROR (Specification ID:0 Estimated Qty:1) 1 EA Replace the light fixture with a new UL approved 2-bulb L.E.D. light fixture controlled by the present wall switch. Subtotal for-Electrical ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 General and Carpentry Quantity Units Total 26 - FLOOR ASSEMBLY—BATHROOM (Specification ID:0 Estimated Qty:44) 44 SQ Remove all fixtures not built-in. Remove floor covering and old subfloor underlayment. Replace sub floor and any bad joists to restore floor to sound and level condition. Replace any sewer piping needed. Install insulation under floor. Install 3/4" underlayment and one-piece vinyl sheet goods. Install 1” X 4” molding or colonial molding against walls at floor painted and caulked. Install threshold. Reinstall fixtures. Check for leaks. Correct all damage to walls, and fixtures caused by removing/reinstalling. 27 - SHOWER WALL KIT 3 PIECE PLUS SLIDING GLASS DOOR (Specification ID:0 Estimated Qty:1) 1 EA Install a 3-piece fiberglass or acrylic 36 “pan and 2 sides, shower wall kit - Textured or smooth finish on pan and walls. Include a shower glass door, two stationary panels on the sides to create a corner walk through, in chrome, satin or black/bronze finish. Remove old kit and dispose/replace with new according to local code requirements. 28 - TUB/SHOWER HANDICAP GRAB BAR – SMALL 24” (Specification ID:0 Estimated Qty:2) 2 EA Install tub/shower grab bar per general requirement. Be sure to attach to blocking in the wall. Get homeowner input on position. 29 - VANITY--36" COMPLETE (Specification ID:0 Estimated Qty:1) 1 EA Install a 36" vanity complete with plywood cabinet, cultured marble sink top, faucet, supply risers, shut-off valves and all required waste connectors to complete the installation. All work to be level, plumb and true. Seal all holes and openings where pipes, wires, supply lines and any other materials come through cabinet with a removable material such as “Thumb Gum” to keep out any rodents. Caulk all seams where countertop meets walls. Subtotal for-General and Carpentry ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 PLUMBING Quantity Units Total 30 - NEW COMMODE--REPLACE--1.6 GPF (Specification ID:0 Estimated Qty:1) 1 EA Install a 2-piece, close coupled, white, vitreous china, elongated commode with a maximum water usage per flush of 1.6 Gallons. Include plastic or pressed wood white seat, stainless steel supply line, shut-off valve, tank parts and wax ring. Location: Exterior - A1 General and Carpentry Quantity Units Total 31 - TRUWOOD TWELVE 6 COTTAGE LAP WOOD SIDING (Specification ID:0 Estimated Qty:88) 88 LF Remove any old siding and prepare the surface to accept the new siding. Install the siding according to manufacturer instructions. Lap the siding courses a minimum of 1”, butt joints should be staggered over successive courses. Make sure butt joints terminate over a wall stud. 32 - WOOD LUMBER 1X4 (SIDE & HEAD CASING/WINDOW TRIM) (Specification ID:0 Estimated Qty:19) 19 LF Remove the 1X4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new1X4 lumber. Caulk the new lumber and prepare to paint. 33 - WOOD LUMBER 2X4 (Window Sill) (Specification ID:0 Estimated Qty:9) 9 LF Remove the 2x4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new 2x4 lumber. Caulk the new lumber and prepare to paint. Subtotal for-General and Carpentry ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Location: Exterior - A2 General and Carpentry Quantity Units Total 34 - TRUWOOD TWELVE 6 COTTAGE LAP WOOD SIDING (Specification ID:0 Estimated Qty:40) 40 LF Remove any old siding and prepare the surface to accept the new siding. Install the siding according to manufacturer instructions. Lap the siding courses a minimum of 1”, butt joints should be staggered over successive courses. Make sure butt joints terminate over a wall stud. 35 - WOOD LUMBER 1X6 (SIDE & HEAD CASING/WINDOW TRIM) (Specification ID:0 Estimated Qty:13) 13 LF Remove the 1X6 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new1X6 lumber. Caulk the new lumber and prepare for paint. 36 - WOOD LUMBER 2X4 (WINDOW SILL) (Specification ID:0 Estimated Qty:4) 4 LF Remove the 2x4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new 2x4 lumber. Caulk the new lumber and prepare for paint. Subtotal for-General and Carpentry Location: Exterior - B1 General and Carpentry Quantity Units Total 37 - TRUWOOD TWELVE 6 COTTAGE LAP WOOD SIDING (Specification ID:0 Estimated Qty:72) 72 LF Remove any old siding and prepare the surface to accept the new siding. Install the siding according to manufacturer instructions. Lap the siding courses a minimum of 1”, butt joints should be staggered over successive courses. Make sure butt joints terminate over a wall stud. ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Location: Exterior - B2 General and Carpentry Quantity Units Total 38 - TRUWOOD TWELVE 6 COTTAGE LAP WOOD SIDING (Specification ID:0 Estimated Qty:117) 117 LF Remove any old siding and prepare the surface to accept the new siding. Install the siding according to manufacturer instructions. Lap the siding courses a minimum of 1”, butt joints should be staggered over successive courses. Make sure butt joints terminate over a wall stud. 39 - WOOD LUMBER 1X4 (SIDE & HEAD CASING/WINDOW TRIM) (Specification ID:0 Estimated Qty:15) 15 LF Remove the 1X4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new1X4 lumber. Caulk the new lumber and prepare for paint. This is for the left hand side of house that has the 1 double window. 40 - WOOD LUMBER 1X6 (SIDE & HEAD CASING/WINDOW TRIM) (Specification ID:0 Estimated Qty:25) 25 LF Remove the 1X6 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new1X6 lumber. Caulk the new lumber and prepare for paint. This is for the two smaller windows 41 - WOOD LUMBER 2X4 (WINDOW SILL) (Specification ID:0 Estimated Qty:13) 13 LF Remove the 2x4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new 2x4 lumber. Caulk the new lumber and prepare for paint. This is for the left hand side of house that has the 3 windows. Subtotal for-General and Carpentry ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Location: Exterior - C1 General and Carpentry Quantity Units Total 42 - WOOD LUMBER 1X4 (CORNER TRIM BOARDS) (Specification ID:0 Estimated Qty:32) 32 LF Remove the 1X4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new1X4 lumber. Caulk the new lumber and prepare for paint. Two back corners closect to the garage.by door off the bedroom 43 - WOOD SIDING 107 (Specification ID:0 Estimated Qty:80) 80 LF Remove rotten and deteriorated wood siding and replace with new 107 wood siding. Make sure butt joints terminate over a wall stud. Any butt joints should be staggered over successive courses. Caulk and paint. Back wall area with the back door off bedroom closest to the garage. Subtotal for-General and Carpentry Location: Exterior - C2 General and Carpentry Quantity Units Total 44 - WOOD LUMBER 1X4 (SIDE & HEAD CASING/WINDOW TRIM) (Specification ID:0 Estimated Qty:10) 10 LF Remove the 1X4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new1X4 lumber. Caulk the new lumber and prepare for paint. 45 - WOOD LUMBER 2X4 (WINDOW SILL) (Specification ID:0 Estimated Qty:3) 3 LF Remove the 2x4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new 2x4 lumber. Caulk the new lumber and prepare for paint. Subtotal for-General and Carpentry ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Location: Exterior - D1 General and Carpentry Quantity Units Total 46 - WOOD LUMBER 1X4 (SIDE & HEAD CASING/WINDOW TRIM) (Specification ID:0 Estimated Qty:9) 9 LF Remove the 1X4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new1X4 lumber. Caulk the new lumber and prepare for paint. 47 - WOOD LUMBER 2X4 (WINDOW SILL) (Specification ID:0 Estimated Qty:3) 3 LF Remove the 2x4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new 2x4 lumber. Caulk the new lumber and prepare for paint. Subtotal for-General and Carpentry Location: Exterior - D2 General and Carpentry Quantity Units Total 48 - WOOD LUMBER 1X4 (SIDE & HEAD CASING/WINDOW TRIM) (Specification ID:0 Estimated Qty:14) 14 LF Remove the 1X4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new1X4 lumber. Caulk the new lumber and prepare for paint. 49 - WOOD LUMBER 2X4 (WINDOW SILL) (Specification ID:0 Estimated Qty:3) 3 LF Remove the 2x4 lumber and prepare the area, removing old rotten pieces, nails etc. to be replaced with the new 2x4 lumber. Caulk the new lumber and prepare for paint. Subtotal for-General and Carpentry ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Location: Whole House Lead Certified & Lead Hazard Reduction Work Quantity Units Total 50 - SET UP INTERIOR LEAD CONTAINMENT (Specification ID:0 Estimated Qty:1) 1 EA Post job site signage and secure site where work is being performed. Final clean floors, window sills, window troughs and other areas of dust build-up with a HEPA vacuum. Seal all floors with two continuous layers of 6 milligram polyethylene sheeting 4' beyond door openings with 2" wide, easy release masking tape. Close and seal HVAC registers with polyethylene sheeting when present. Wrap all built-in furniture, cabinetry and fixed appliances with polyethylene sheeting and tape to create an airtight seal. Contain entire exterior work area according to Lead Safe Work Practices. ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Location: General Requirements General Requirements Quantity Units Total 51 - GENERAL REQUIREMENTS (Specification ID:0 Estimated Qty:) PLUMBING GENERAL REQUIREMENTS Unless otherwise specified, all materials shall be pex, pvc or copper. All items shall operate without leakage, noise, vibration or hammering. All penetration of building components shall be neat, sleeved, & fire stopped. No solder containing lead shall be used in any pipe or fixture. Damage to structural members from drilling or notching shall be repaired to the acceptance of the owner and the City of Fort Worth. CODES AND ORDINANCES In the execution of the itemized scope of work, the contractor shall facilitate inspection and comply with all governing codes and ordinances of The City of Fort Worth, The County of Tarrant, and the State of Texas pertaining to building construction, zoning, environmental protection, energy efficiency and worker safety. FINAL CLEAN Remove from site all construction materials, tools and debris. Sweep clean and rake all exterior work areas. Vacuum all interior work areas, removing all visible dust, stains, labels and tags. Final clean must pass a visible clearance inspection and in some cases a dust wipe laboratory tested lead clearance. 1 YEAR WARRANTY Contractor shall remedy any defect due to faulty material or workmanship and pay for all damage to other work resulting therefrom, which appear within one year from final 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. GRAB BAR--GENERAL REQUIREMENTS Install the bar on the frame wall so it is secured tightly to studs. If studs cannot be located, open the wall, install blocking and repair wall to original condition. Installation must be capable of withstanding stress and weight of a person pulling him/herself up. Install all stainless steel, 18 gauge, 1 ¼” outside diameter as made by Tubular Specialties Manufacturing Inc. or equal. FLOOR COVER-GENERAL REQUIREMENTS Unless otherwise specified, all materials shall be new and shall match existing as to size, style, color and method of installation. All subfloors and underlayment shall be well secured, dry, clean, level, and free of cracks, depressions, voids, bumps and squeaks before installation of finish floor covering of vinyl or ceramic tile. ATTACHMENT B SAMPLE JOB ORDER/WORK WRITE-UP Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 Location: Permits BUILDING Quantity Units Total 52 - PERMITS REQUIRED-BUILDING (Specification ID:0 Estimated Qty:1) 1 EA The contractor shall apply for, pay for, obtain and forward copies of the following indicated permits to the City of Fort Worth upon completion of the job. Plumbing___ HVAC___ Electric____ Building _x_ _ PLUMBING Quantity Units Total 53 - PERMITS REQUIRED-PLUMBING (Specification ID:0 Estimated Qty:1) 1 EA The contractor shall apply for, pay for, obtain and forward copies of the following indicated permits to the City of Fort Worth upon completion of the job. Plumbing __X__ HVAC_____ Electric____ Building____ Total ATTACHMENT B SAMPLE WORK ORDER/JOB ORDER Customer:__________________________________ Contractor:__________________________________ Prepared By: email@fortworthtexas.gov on 01/01/2024 OWNER ACCEPTS SCOPE OF WORK I have read the contents of this work write up and received a copy. I fully understand the repairs to be made to my property. x_________________________ __________ Owner: Date CONTRACTOR ACCEPTS SCOPE OF WORK I have read the contents of this work write up and agree to perform all work called for in accordance with the bid submitted on __________. x_________________________ __________ Contractor Date x____________________________ __________ Construction Specialist Date ATTACHMENT C APPROVED BID PRICE WORKSHEETS GO HERE ResponsesSuccess: All data is valid!Numeric NumericStatus # Service RequestedScope of Services DescriptionUOM Service QuantityCost of MaterialsCost of LaborTotal Cost of Material OnlyTotal Cost Labor for ServiceTotal Cost Service (Materials+GeneralSuccess: All values provided#1-1Spray foam (cans)Open/Closed cell, for gaps and cracksEach 1 $ 18.00 $ 18.00 $ 18.00 $ 18.00 $ 36.00 Basket Total$ 18.00 $ 18.00 $ 36.00 Mobile Home Floor InsulationSuccess: All values provided#2-1Mobile Home Floor Insulation ConsiderationsMobile home floor insulation includes the removal and installation of skirting and belly wrap and if needed removal of debris that may be in the way.N/A 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Success: All values provided#2-2Mobile Home Floor Insulation R-19R-19 Floor fiberglass includes metal support rods, pipe wrap, and 6ml. vapor barrier with seams that overlap12” and 12” up the foundation wallSquare Foot 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Success: All values provided#2-3Mobile Home Belly RepairMobile home belly repair includes the removal and installation of skirting and belly wrap and if needed removal of debris that may be in the way.Square Foot 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Basket Total$ 0.00 $ 0.00 $ 0.00 Mobile Home Vinyl Skirting Success: All values provided#3-1Mobile Home Vinyl SkirtingRemove the old skirting and install the new skirting making sure that it is straight, connected together correctly so it will not separateSquare Foot 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Basket Total$ 0.00 $ 0.00 $ 0.00 Floor InsulationSuccess: All values provided#4-1Floor joist insulation R-19Install R-19, foil faced, roll, fiberglass insulation to floor. Vapor barrier must face heated space. Use strong wire, "tiger teeth" or mesh to hold insulation in placeSquare Foot 1 $ 3.00 $ 1.25 $ 3.00 $ 1.25 $ 4.25 Basket Total$ 3.00 $ 1.25 $ 4.25 Attic InsulationSuccess: All values provided#5-1Attic Insulation ConsiderationsInstallation of blown-in attic fiberglass insulation includes the following basic attic preparation: Blocking around chimney, access(s) and heat sources. Block eves/soffits to prevent insulation from blocking soffit vents. Helping to move a small amount of client belongings. Flag electrical junction boxes, recess light shields, ventilation baffles, and other critical structuresN/A 1 $ 480.00 $ 320.00 $ 480.00 $ 320.00 $ 800.00 Success: All values provided#5-2R60R-value in inches 20Square Foot 1 $ 1.44 $ 0.96 $ 1.44 $ 0.96 $ 2.40 Success: All values provided#5-3R49R-value in inches 17Square Foot 1 $ 1.14 $ 0.76 $ 1.14 $ 0.76 $ 1.90 Success: All values provided#5-4R38R-value in inches 14Square Foot 1 $ 0.99 $ 0.66 $ 0.99 $ 0.66 $ 1.65 Success: All values provided#5-5R30R-value in inches 11Square Foot 1 $ 0.84 $ 0.56 $ 0.84 $ 0.56 $ 1.40 Success: All values provided#5-6R26R-value in inches 9Square Foot 1 $ 0.63 $ 0.42 $ 0.63 $ 0.42 $ 1.05 Basket Total$ 485.04 $ 323.36 $ 808.40 Knee Wall InsulationSuccess: All values provided#6-1R-30Install with paper toward the interior of the house pushed in between the studs with all the paper touching the studs and sheetrock (no air gaps) fasten in place on the outside of the studs with TYVEK wrap pulled tight and fastened in place so that it will not come looseSquare Foot 1 $ 1.80 $ 1.20 $ 1.80 $ 1.20 $ 3.00 Success: All values provided#6-2Tyvek wrapEnsure the wrap is overlapped where necessary and pulled tight. Fastened it in place so it will not come loose.Square Foot 1 $ 0.60 $ 0.40 $ 0.60 $ 0.40 $ 1.00 Success: All values provided#6-3Batt insulation R-13Batt insulation R-13Square Foot 1 $ 0.96 $ 0.64 $ 0.96 $ 0.64 $ 1.60 Success: All values provided#6-4Batt insulation R-19Batt insulation R-19Square Foot 1 $ 1.08 $ 0.72 $ 1.08 $ 0.72 $ 1.80 Success: All values provided#6-5Spray foam closed cellSpray foam closed cellSquare Foot 1 $ 1.95 $ 1.30 $ 1.95 $ 1.30 $ 3.25 Success: All values provided#6-6Spray foam open cellSpray foam open cellSquare Foot 1 $ 1.50 $ 1.00 $ 1.50 $ 1.00 $ 2.50 Success: All values provided#6-7Insulation removalInsulation removalSquare Foot 1 $ 1.50 $ 1.00 $ 1.50 $ 1.00 $ 2.50 Success: All values provided#6-8Disinfecting attic spaceUse of sanitizers to remove odors caused by animal intrusions.Square Foot 1 $ 0.21 $ 0.14 $ 0.21 $ 0.14 $ 0.35 Basket Total$ 9.60 $ 6.40 $ 16.00 Grand Total$ 515.64 $ 349.01 $ 864.65 City of Fort Worth, Mayor and Texas Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0817 LOG NAME: 13P RFP 24-0151 HOME REPAIR SERVICES MC NS SUBJECT (ALL) Authorize Execution of Non-Exclusive Agreements with Six Identified Vendors to Provide Specified Home Repair Services in an Initial Cumulative Five-Year Amount Up to $44,787,500.00 Using Various Federal and State Grants and City Funds for a Five-Year Term and Authorize Rollover of Remaining Purchase Contracts for the Neighborhood Services Department RECOMMENDATION: It is recommended that City Council: 1. Authorize execution of non-exclusive agreements for identified home repair services in an initial cumulative five-year amount up to $44,787,500.00, which consists primarily of grant revenues, with the following vendors: GT01 Construction Corporation; HVAC ServicePro, LLC; Camelot Roofing, LLC; G. A. Miller Enterprises, Inc; Angler's Insulation, LLC; and Pinnacle Project Partners, LLC for a five- year term for the Neighborhood Services Department; and 2. Authorize rollover of remaining purchase contracts for the Neighborhood Services Department. DISCUSSION: The Neighborhood Services Department approached the Purchasing Division to solicit a bid for home repair services by category, which included installation, repair and services for: general construction and carpentry; bathrooms; electrical; flooring; foundation; heating; ventilation and air conditioning (HVAC); insulation; kitchen; lead hazard control; plumbing; roofing; and weatherization services. Purchasing issued Request for Proposal (RFP) No. 24-0151 for Home Repair Services which consisted of detailed specifications of the City's standards and expectations for all categories in order to provide the services to eligible Fort Worth residents. The Neighborhood Services Department administers a number of home repair programs that assist low-income residents; the primary funding sources are a variety of state and federal grants as well as City general fund money. The various grants and the anticipated funding amounts are included below. These programs include the Priority Repair, Lead Hazard Reduction Program, Healthy Homes Initiatives, Household Crisis Repair, Healthy Homes for Heroes, and Weatherization Assistance and are collectively referred to as the departmenYs "Home Repair Program." Acceptance of the grants and budgeting of the City's Home Repair Program are handled in separate Mayor and Council Communications (M&Cs); the most recent being M&C 24-0113 (which authorized an increase in the program's contract authority to $37,823,303.53). The purpose of this M&C is to authorize agreements with the contractors who will provide home repair services under the Home Repair Program utilizing the federal, state, and city funding that has been or will be appropriated. The RFP was advertised in the Fort Worth Star-Telegram on April 24, 2024, May 1, 2024, May 8, 2024, May 15, 2024 and May 22, 2024. The Diversity & Inclusion Department set a 25% Business Equity Goal for this solicitation and provided a list of 323 firms to notify of this bid opportunity. Invites to these firms were submitted via the Bonfire platForm. The City received a total of seven (7) responses: Fathul Flooring LLC; GT01 Construction Corporation; HVAC ServicePro, LLC; Camelot Roofing, LLC; G. A. Miller Enterprises, Inc; Angler's Insulation, LLC; and Pinnacle Project Partners, LLC. Fathul Flooring LLC, was deemed non-responsive for failing to submit all required documentation. It was also determined that self-performance was not sufficient due to the contractor not being a certified M/WBE firm. An evaluation panel, consisting of representatives from the Neighborhood Services, Diversity & Inclusion, and Property Management Departments evaluated and scored the remaining submittals using Best Value criteria. The individual scores were averaged for each of the criteria for each category included in the bid, and the final scores are listed in the bid matrix included as an attachment. Once the technical evaluation was completed, Purchasing staff allocated points associated with pricing to each vendor for each category for which the vendor submitted. The bid document specified the use of the following Best Value Criteria: a. Proposer's qualifications, experience and references b. Project approach and methodology to perform services c. Financial History d. Ability to meet the City's needs e. Cost, points allocated individually to each of the services by category. Based on the evaluation, it is recommended that awards be made to each of the listed vendors for the service(s) identified in the chart below. No guarantee was made that a specific amount of these services will be purchased. Staff certifies that the recommended contractors' bids meet specifications for the service(s) for which award is recommended. Home Repair GT01 HVAC Camelot G. A. Miller Angler's Pinnacle Service Type Construction ServicePro, Roofing, Enterprises, Insulation, Project Awarded Corporation LLC LLC Inc LLC Partners, LLC General �l � �l �l Construction Bathroom � � � Electrical �l � Flooring �l � � Foundation �l HVAC �I � � �l Insulation � � � Kitchen � � Lead Hazard �l � Control Plumbing � � Roofing � � � eatherization � � Under these non-exclusive agreements, the Neighborhood Services Department will request services on a priority basis within each category based on the lowest unit prices, availability, and contractor's proximity to the designated work site. Prior to each requested service being executed, a funds availability verification confirming that funding is available and appropriated will be pertormed by the Neighborhood Services Department. CONTRACT AMOUNT AND FUNDING AVAILABILITY: The Home Repair Program is funded through different state and federal grants awarded to the City as well as City General Funds. The estimated current and future total amount of all grants and City funds under the Home Repair Program is $44,787,500.00 across a period of five years, FY24-FY29. The City funds represent 22.33% of the total funds available for this program. The allocation of funding will vary by program year and grant source. Additional grant funds are allocated to the City from time to time based on emergencies, availability, and various other reasons. Although an initial up to amount has been approved through this M&C, this amount is not intended to serve as a maximum amount that can be used by the Home Repair Program in the event additional grant funds are received. In the event that additional grant funds are received, an M&C will be brought to the City Council for approval to include those funds for the Home Repair Program. In order to ensure the City has contractor capacity to fully utilize these variable grant sources and make repairs as quickly as possible, the contract authorization requested under this M&C is tied to the cumulative available funding each year as reflected in the adopted and amended Home Repair Program budget. Staff will monitor services based on grant funding source, applicable limitations, and allowable services to ensure funds are expended in accordance with the terms of the grants at issue. Program 8� Funding Year 1 � Year 2 Year 3 Year 4 Year 5 Sources 5-Year Total (2024-2025) (2025-2026) (2026-2027) (2027-2028) (2028-2029) LEAD: Community Development Block grant Match $ 187,500.00 $ 187,500.00 $ 187,500.00 $ 187,500.00 $ 187,500.00 $ 937,500.00 LEAD: U.S. Department of Housing and Urban $ 1,250,000.00 $ 1,250,000.00 $ 1,250,000.00 $ 1,250,000.00 $ 1,250,000.00 $ 6,250,000.00 Development grant LEAD: Healthy Homes grant $ 175,000.00 $ 175,000.00 $ 175,000.00 $ 175,000.00 $ 175,000.00 $ 875,000.00 Priority Repair: Community Development � 2,100,000.00 $ 2,100,000.00 $ 2,100,000.00 $ 2,100,000.00 $ 2,100,000.00 $10,500,000.00 Block grant Priority Repair: City of Fort Worth - General Fund $ 1,600,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 9,600,000.00 Healthy Homes for Heroes: Texas Veterans � _ $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 1,200,000.00 Commission grant Healthy Homes for Heroes: Community $ 300,000.00 $ - $ - $ - $ - $ 300,000.00 Development Block grant eatherization : Texas ssociation of CommunityAction $ 1,050,000.00 $ 1,050,000.00 $ 1,050,000.00 $ 1,050,000.00 $ 1,050,000.00 $ 5,250,000.00 gencies grant eatherization: Texas Department of Housing and Community Affairs - Low Income Housing � 700,000.00 $ 700,000.00 $ 700,000.00 $ 700,000.00 $ 700,000.00 $ 3,500,000.00 Energy Assistance Program grant eatherization: Texas Department of Housing and Community Affairs - U.S. Department of $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 1,750,000.00 Energy grant eatherization: Texas Department of Housing and Community Affairs - U.S. Department of Energy Bipartisan $ 1,225,000.00 $ - $ - $ - $ - $ 1,225,000.00 Infrastructure Law grant eatherization: City of Fort Worth - General Fund $ 400,000.00 $ - $ - $ - $ - $ 400,000.00 Household Crisis: Texas Department of Housing and Community Affairs - Comprehensive Energy $ 600,000.00 $ 600,000.00 $ 600,000.00 $ 600,000.00 $ 600,000.00 $ 3,000,000.00 ssistance Program grant Total �$ 9,937,500.00 $ 8,712,500.00 $ 8,712,500.00 $ 8,712,500.00 $ 8,712,500.00 $ 44,787,500.00 Since Fort Worth has historically been efficient in getting these types of grant funds put to work and expended quickly, the City periodically is awarded additional funding to utilize dollars that might otherwise sit dormant. Because additional funding sources and/or additional dollars from a previously identified source may become available during the life of the agreements, it is recommended that City Council authorize the City Manager or their designee to increase the initial agreements with the contractors up to the amount allowed by relevant law and the Fort Worth City Code, not requiring specific City Council approval, as long as sufficient funds have been appropriated. FUNDING ROLLOVER: This variation in awards, costs and expenditures for the various programs and home repair service types creates difficulty in forecasting exact amounts needed for each program and each contractor for future years. Therefore, staff requests that Council authorize the transfer and rollover of remaining Purchase Order balances to new Purchase Order allocations based on total current funding levels in order to ensure effective continuation of the Home Repair Program across fiscal and grant funding program years. This approach will allow staff to utilize purchasing authority remaining from completed years, as well as accommodate for future variations in funding awards from the multiple funding sources. M/WBE OFFICE: The Business Equity Division placed a 25% business equity goal on this solicitation/contract. Angler's Insulation, LLC, Camelot Roofing, LLC, Glenn's A/C & Heating, HVAC ServicePro, Pinnacle Project Partners, and GT01 Construction Corp, have all agreed/committed to utilize 25% business equity subcontractor participation for the scope of work, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. AGREEMENT TERMS: Upon City Council approval, the non-exclusive agreements will begin upon execution and shall expire five years from that date. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are and will be available in the current and future capital & operating budgets for the various Home Repair Program projects within the Grants Operating Federal, Grants Operating State and General Capital Projects Funds to support the approval of the above recommendations and execution of the agreements. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Reginald Zeno 8517 Fernando Costa 6122 Originating Business Unit Head: Reginald Zeno 8517 Kacey Bess 8187 Additional Information Contact: Jo Ann Gunn 8525 Maria Canoura 2526 CERTIFICATE OF INTERESTED PARTIES FORM �9S lofI Campfcte Nos. i- 4 and 6 d there are �ri2erested paroes OFFICE USE ONLY Com�e Nns 1 2. 3. 5, and 6 �f there are no internsted parties CERTIFICATION O� FI�ING 1 Mame of busirytss entity flling form, and the cify, state and country ot Me hus�ness entitys place Certificate Number: of business. 20241187$59 Mglers insulatian lVarth Rrchland hrlJs , TX l3nrted S'tates p� �,;r�; 2 Name oi govemmental endry or state agency fhaf is a party to the contract for wtrich the form is 07I16/2024 being Hled. C�ry of Fort Worth oace Adcnowledged: 3 Provide the identificauon number used by the govemmental entity a state agenry to track or idenWy the contract, and provide a description oi the services, Soods, o� other property to be provided under the contract 24 0151 All Insulatian serwces 4 Nature of in[erest Name ol Interested PaAy City, State, Comitry (Place ot business) (check appiicabfe) Controlling Inte►mediary S Check only if there is NO MtKtsted Party. ❑ X 6 IlNSWORN DECUIRATION My name �s ��,�% � S�/.tit ��`C� z _„ _. and my dabe of birih is �"�'v "/ C Q!- My address �,s _ J � \��/� __ . ��� �_�u�ii�.��� ll� _7� IQZ . �.fj1G��" (street) (aty) {statsl f aP code) (oa�try) I declare under penahy o1 perywy that the foregomg �s Uue and corced. Executed m — Courny, State o( ---, on the day of _ , 20_ .. (rt�orat�) (Y��) Signaturc ot aulho�zed agent ol acung b s ennry ([)ec�ar Farms provided by Texas Ethi� Cnmmission www_ethics_state a.us Version V4_i_o.d318aba0