HomeMy WebLinkAboutContract 44184-A1 „J'ry's5CRUAR:Y
'1'1,*,*#0NTRACT NO.
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44184)
A WEATHERIZATION ASSISTANCE PROGRAM CONTRACT FOR SERVICES
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44184 ("First
Amendment"') is made and entered into by and between the City of Fort Worth ("City"), acting by and
through its duly authorized Assistant City Manager, and Integrity Texas, Construction, Ltd., a Texas
limited partners,hipi, acting, by and through its general partner IntegrityTexas, Construction 1, Inc., a Texas
for-profit corporation, acting by and through its dul y authorized Director and President, Ramon
Hernandez("Contractor").
WHEREAS, the City Utilizes federal grant funds from the i exas Department of Housing and
Community Affairs, and local utility grant funds frorn the Texas Association of Community Action
Agencies, Inc., to implement the Weatherization Assistance Program ("WAP"), which is a program
designed to help households reduce energy costs, by providing energy conservation measures to certain
dwelling-,
WITS AS, to help implement the WAP, the City issued an 'Invitation to bid in August 2012 to
solicit pricing from qualified companies experienced in providing weatherization services,
WHEREAS, the Contractor submitted a bid and was selected to provide certain weatherization
services,
WHEREAS, on February 21, 2013, the Fort Worth City Council approved M&C C-26100,
which authorized the City Manager to enter into a. contract with the Contractor in an amount Lip to
$1,635,000.00 for the initial one-year term to carry out services associated with the WAP, said contract
being,City Secretary Contract( No. 184 ("Agreement"')-,
WHEREAS, the initial funding,of$1,635,000.001 for the Agreement is almost exhausted, and the
City has received additional funds from the Texas, Department of Housing and Community Affairs
("THDCA”) — Low Income H'ome Energy Assistance Act WAP (TDHCA Contract No. 81130001719)
that may be utilized by the Contractor to carry the Services,under the Agreement;
TIE: AS, the City desires to increase the total amount of funding available under the
Agreement by $50,000. so that the Contractor may continue to perform the weatherization Services
pursuant to the terms of the Agreement and this First Amendment; and
WHEREAS, the parties also wish to 'incorporate all applicable third-party grantor requirements
associated with funding of the Services under the Agreement.
NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants and
agreements contained herein, do mutually covenant and agree that the Agreement is amended as follows:
1.
The parties, wish to amend Article 8.b"Funding, Payment, Record Keeping Requirements, and Warranty"
to correct the subsection numbering and increase the total amount of funding availabile under the
Agreement by $50,0001.001. Article 8.,b. is hereby amended to read as follows-,
"b- The City agrees to compensate Contractor for approved expenses incurred and for
I Qd='I Q+uAn
documented units of Services performed,, subject to the fol c*
C7, OFFICIAL RECORD
R'E'C E I T[,.."I'"), P 1, al C S
CITY SECRETARY
T 01
a W
First Amendment to CSC 44184 FTa WORTHOT94
Not to Exceed Amount. Contractor understands and agrees that the' maximum
total amount payable for the Services described herein shall not exceed
1,685,000-00
of allocated grant monies, unless, a formal written as-nendment is
executed by the parties hereto.
i. The, Director of the Parks and Community Services Department or his or her
designee ("Dire!ctor"') shall condition all payments upon the inspection and
,approval of work and submission of all required docurnentation.
H i. Payment to the Contractor will, be made within thirty (301) days after Director's
approval and document submission. Payments will be made on an individual:
house basis after acceptance of work by PACSD staff."
III
The parties wish to amend Article 17 "Other Laws," to incorporate all applicable third-party grantor
requirements associated with ffinding of the Services under the Agree!ment. Article 17 is hereby amended
to read as follows:
"17. Other Laws and 3 Party Grantor Agreements
a. Contractor covenants and agrees that its officers,, members, agents, employees, or
subcontractors shall abide by and comply with all other laws, federat, state and
local, relevant to the performance of this Contract, Including all ordinances, rules
and regulation of the City of Fort Worth. Contractor -further promises and agrees
that it has read, and is familiar with, all terms and conditions of the grant
agreements associated with the funding under this Agreement, including all
TDHCA grant agreements (including, but not limited to, Fort Worth City
Secretary Contract Number 43428 and TDHCA Contract No. 81130001719) and
all Texas Association of Community Action Agencies, Inc., agreements
(including, but not limited to, Fort Worth City Secretary Contract Number
44185') and that it will fully comply with the same. Contractor has an ongoing
duty to comply with all grant contracts present and future. A copy of all such
agreements will be provided upon request. It is agreed and understood that, if
City calls the attention of Contractor to any such violations on the part of
Contractor or any of its ort'icers, members, agents, employees or subcontractors,
then Contractor shall immediately desist from and cease such violation.
-
b. Contractor agrees to use its best efforts to giving women ow,nea business
concerns, small and disadvantaged business concerns and labor surplus area
business concerns the maximum practicable opportunity to participate in
subcontracts it awards, to the fullest extent consistent with the efficient
performance of its contract.
C. Contractor shall establish, maintain and utilize internal controls and procedures
to prevent, detect and correct incidents of waste, -fraud and abuse and to provide
for the proper and effective management of all activities funded by this contract.
Any such incidents of waste, fraud or abuse shall be promptly reported in writing
to the City. Contractor may not discriminate against any employee, Subcontractor
or the person who reports, a violation of the terms of this Contract or any law or
regulation to the City, TDHCA, or any appropriate law enforcement agency, if
the report is made in good faith.
First Amendment to CSC 44 184 2 of 4
ilk
The parties wish to amend -the Agreement to add Article 37 to provide for payment and performance
bonds from the Contractor when applicable. The new Article 37 shall read as follows-
"37. Bonding
To the extent applicable or required by law, the Contractor shall, at its own cost and expense,
cause to be made and executed a payment bond for weatherization activities in the amount of'
$,25,0100.010 or greater and a performance bond for weatherization activities in excess of
$100,000.00. Both bonds shall be for the full amount of the contract and must be executed, by a
corporate surety authorized to do business in 'I"exas, a list of which may be obtained from the
State Insurance Department. Such assurances of completion will run to the City and the TD.HCA
as obligees and must be documented prior to the start of any Services."
IV.
Funds previously paid to the Contractor prior to this F'irst Amendment shall apply toward the total
compensation paid to the Contractor,
V.
All terms and conditions, of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full -force and effect.
V1.
All terms in this First Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in multiples
in Wirth, arrant County, Texas can this -day of
Fort
U
CITY OF FORT WORTH IntegrlityTexas Constructlion, Ltd., a Texas
11i'mited partnership
BY: Integri-tyTexas Construct lion I, Inc., a
Texas for-p,rofit ear porafion, its General
Partner
..............
000
By: By: ..........
Ramon Hernandez '1101,
Alanis -7
P irector and President
istant City Manager
First Amendment to CSC 44 184 3 of 4
APPROVED AS TO FORM'
AND LEGALITY.-
Tyler fie,"'Wallach
a
Assistant City,Alto ey
ATTESTED B
w �a
C'
.ary J. K
Cty Y
� r I
t
yrm
Cmitract Authorization
C. C-26 1010,
Date-, February 21, 20131
OFFICIAL
CITY SECRETARY
WORITH,TX
First Amendni nt to CSC 44184
MC Review Page I of 2
"Official site of the(2ity of,Fort Worth,Texas
FORTAVORT11
C110Y COU"NCO-IL AGENDA
WMIMMMM
COUNCIL ACTION: Approved on 2/12/201!3
GNU
%vaum
DATE: 2/12/201,3 REFERENCE NO.: Cam-261010 LOG NAME: 80WAP-
INT'EG:RI,TY2013
CODE&-: C TY P EA* NOW PUBLIC NO
CONSENT HEARING-
SUBJECT.: Authorize Execution of a Contract with Initegri,tyTexas, Construction, LTD, In the Amount,
Up to $1,635,000.00 for the Initial One-Year Term for the Weatherizatilon Assistance
Program (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with IntegrityTexas,
Construction) LTD, in the amount up to $1,63 ,000.00 for the initial one-year term for the Weatherization
Assistance Program.
DISCUSSION:
The Parks and Community Services (PALS) Department,, through the, Community Action Partners offices,
will use this contract, pursuant to the Weatherization Ass,istanc�e Program grant-funds received from the
Texas Department of Housing and Clommunity Affairs and the Texas,Association of Community Action
Agencies, Inc., for weatherization of houses to benefit elderly, disabled and low-income citizens, in the
Tarrant County service area. Typical weatheriza,tion measures include insulation (attics, walls, and flags)
weather stripping, caulking, repairs, to faulty doors and windows,, as well, as tune-ups and repairs to heating
and cooling units.
The Invitation to Bid (ITB) consisted of detailed specifications describing the materials and services, to be
purchased. Also, the ITI3 described the minimum, qualifications for bidders and their subcontractors. The
bids were evaluated by an evaluation committee. The committee ranked the bids based on the following
evaluation cr,iteria: cost, qualifications and experience, technical resources and staffing, financial resources,
and references.
Two vendors were finalists, IntegrityT'exas Construction, LTD. (Integrity),, and A Cooler House., A Cooler
House was disqualified from consideration because it was deemed in non-compliance with the established
M/WBE goals for this project. Integrity meets the City''s criteria and specifications, including the M/WBE,
requirements, and provides the best value to the City and is therefore, being recommended for this
contract.
No guarantee was made that a specific amount of goods or services would be purchased. During the
previous year, approximately $1,,425,683.00 was spent on this program.
BID ADVERTISEMENT- The IT B was advertised in the Fort Worth Star-Tele rant on August 28, 2012 and
September , 20,12. Ninety-eight vendors were solicited from the Purchasing database systern; eleven
responses were received.
BID TABULATION - See attached bid tabulation.
M/WBE - Integrity is in compliance with the City's B Ordinance by committing to 15 percent IVIBE
participation on this project. The City's IVIBE goal on this project is 15 percent. Additionally, Integrity is a
certified IVIBE firm.
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M&C Review Page 2 of 2
D MINISTRATI VE CHANGE ORDER -An Administrative Change Order or increase may be made by the
City Manager, n the amount up to $501000.00 and does not require specific City Council approval as long
as sufficient fund's have been appropriated.
AGREEMENT TERM - This contract shall begin upon execution and remain i n effect,for a period of one
year.,
RENEWAL OPTIONS - This contract may be renewed for up, to four addi�tilonal one-year terms at the City's
option. "This action does n n
riot require specific City Coucil approval, provided that the City Council has
appropriated, sufficient funds to satisfy the City's obligation du�ring the renewal term. Staff anticipates that
the costs for renewal years shall remain the same as the first.
This program serves ALL COUNCIL DISTRICTS.
FI CAL, INFO,RMI�ATION/CERTIF'IC,ATION-0
The Financial Management Services Director certifies, that funds are ava:il,able in the current operating
budget, as appropriated, of the Grants Fund.
TO Fund/Account/Cent e,rs, FROM Fund/Account/Center,s
GIR76 5391120 0802005850201 15001000.00
10
G:R76 539090 080,20,0585,020, $231 000.01
GR76 539120 080200584020 12011 0.00
GR76 539090 080200,584020 L5
.1000.00
GR76 539120 018014806124XXX $8801000-00
Subm*lfted for,QJily Mane ger",s Office by-. Susan Al�anis, (81810!)
0
0r*1g1*,nat10,n.q �De,pa,ttment Heed. Richard Z,avala (5704)
Addlit,*ional Information Contacti*l Sonia Singleton (5774)
ATTACHMENTS
Integrity Texas Construction B,id, Tab
11
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