HomeMy WebLinkAboutContract 62097-A2CSC No. 62097-A2
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 62097
This Amendment ("Amendment") is entered into by and between the City of Fort
Worth ("City") and Pinnacle Project Partners, LLC ("Contractor"). City and Contractor may
be referred to individually as "Parry" and collectively as "Parties."
WHEREAS, City received grant monies from the United States Department of Housing
and Urban Development ("HUD") through the Community Development Block Grant -Disaster
Recovery Program ("CDBG-DR") to help communities recover from identified disasters;
WHEREAS, on February 19, 2021, the President declared a disaster for all 254 counties in
the state of Texas as a result of Winter Storm Uri (FEMA DR-4586);
WHEREAS, as a result of the declaration, the City received $27,472,000 in grant funding
to address the impacts of Winter Storm Uri and enhance resilience measures;
WHEREAS, On January 28, 2025, City Council approved a Substantial Amendment to the
City of Fort Worth's 2021 Community Development Block Grant - Disaster Recovery Action Plan
that included an allocation of $6,795,400 to the Homeowners Assistance Repair and Rehabilitation
Program (HARRP) to help alleviate the unmet need for single-family, owner -occupied
rehabilitation related to Winter Storm Uri (Mayor & Council Communication (M&C) 25-0081);
WHEREAS, prior to the substantial amendment, on September 14, 2024, City Council
approved execution of non-exclusive agreements with six identified contractors to provide home
repair services for the City's Home Repair Program utilizing different state and federal grants
awarded to the City (M&C 24-0817);
WHEREAS, M&C 24-0817 did not include CDBG-DR as a funding source or HARRP as
a funded activity, but does provide flexibility and allows City to add additional grant funds as
received;
WHEREAS, the Neighborhood Services Department ("NSD") administers the Home
Repair Program and has elected to add CDBG-DR as a funding source and HARRP as a funded
activity to the non-exclusive agreements executed with the six contractors under M&C 24-0817;
WHEREAS, this election was approved by Council on March 25, 2025 (M&C 25-0250)
and the Parties now wish to amend the agreements with the six identified contractors in order to
incorporate CDBG-DR/HARRP related regulations, so that the contractors can provide home
repair services for HARRP; and
WHEREAS, by signing this Amendment, Contractor has agreed to accept these additional
regulations.
NOW, THEREFORE, the Parties, acting herein by and through their duly authorized
representatives, enter into this following agreement:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
I.
AMENDMENTS
The following terms are hereby amended to replace the referenced terms in the Agreement
and shall be binding and enforceable as if they were originally included therein.
1. Subsection A and C to ARTICLE 2. SCOPE OF SERVICES of the Agreement shall be amended
to read as follows:
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 Work shall be performed in
accordance with the TELRR, HUD Guidelines, HARRP 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.
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 HARRP guidelines, and
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.
2. The first paragraph of ARTICLE 9. CITY INSPECTION AND ACCEPTANCE OF WORK of
the Agreement shall be amended to read as follows:
Inspection and acceptance of any Work shall be as stated in a Job Order in accordance with the
Contract Documents. Work must pass all inspections including 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. For work performed under the
CDBG-DR program, HARRP will cover the cost of the first clearance and report. If any additional
testing is needed because of Contractor's failure to correctly clean the area prior to final clearance,
then the Contractor's final payment will be reduced for the cost of each additional clearance test.
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.
3. NSD's contact information under ARTICLE 36. INSURANCE REQUIREMENTS of the
Agreement shall be deleted and amended as follows:
City of Fort Worth
Neighborhood Services Department
100 Fort Worth Trail
Fort Worth, TX 76102
4. ARTICLE 40. PERFORMANCE of the Agreement shall be amended by incorporating the
following language:
For work performed under the CDBG-DR program, if Contractor fails to satisfactorily
complete the Work by the Completion Date (as extended, if applicable), liquidated
damages in the sum of one (1) percent of the amount of the total job order contract, will
be charged per day from the original Completion Date until the work is completed, and
shall be deducted from the Contractor's final payment.
5. ATTACHMENT A: COMPLIANCE attached to the Agreement is hereby deleted and
replaced in its entirety with the REVISED ATTACHMENT A: COMPLIANCE, attached hereto.
6. ATTACHMENT A-1: PROGRAM -SPECIFIC CONDITIONS of the Agreement shall be
amended by incorporating the following language:
VI. HOMEOWNERS ASSISTANCE REPAIR AND REHABILITATION PROGRAM
(HARRP)
A. The program provides assistance for home repairs that have a direct tie back to the
2021 Winter Storm Uri.
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 HARRP 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-DR 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.
This amendment is effective as of March 25, 2025.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties. Capitalized
terms not defined herein shall have the meanings assigned to them in the Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ACCEPTED AND AGREED:
PINNACLE PROJECT PARTNERS, LLC
By:
Jannsen Brown, Owner
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By:
Jannette Goodall, City Secretary
M&C: 24-0817
Date: 09/17/2024
1295 Certification No. 2024-1201797
RECOMMENDED:
By:
Kacey Bess, Neighborhood Services Director
CITY OF FORT WORTH
b�rui Bic�gGu7
Dana Burghdoff (Jun`%, 2025'1 :22 CDT)
By:
Dana Burghdoff, Assistant City Manager
06/10/2025
APPROVE AS TO FORM AND
LEGALITY:
By: 77
CONTRACT COMPLIANCE ADMINISTRATOR:
Jessika Williams,
Assistant City Attorney
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
Jerin Smith, Neighborhood Development Coordinator
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A: COMPLIANCE
COMPLIANCE
Appendix II 2CFR 200
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts
made by the non -Federal entity under the Federal award must contain provisions covering the
following, as applicable.
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by
the non -Federal entity including the manner by which it will be effected and the basis for
settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60. all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1_3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319. 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41
CFR Dart 60. "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities
must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5. "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non -Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non -Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non -Federal entity must report all
suspected or reported violations to the Federal awarding agency.
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ATTACHMENT A: COMPLIANCE
* Any program under this contract that is funded with federal funds, such as CDBG, CDBG-DR, CSBG, or
Department of Energy, is subject to these clauses.
FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE
ESCROW OF FUNDS.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671a.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non -Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671g) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
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ATTACHMENT A: COMPLIANCE
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non -Federal award.
(J) See � 200.323. Procurement of Recovered Material
(K) See § 200.216. Prohibition on certain telecommunications and video surveillance equipment
or services.
(L) See � 200.322. Domestic Preference for Procurement.
Additional compliance requirements:
• CDBG Regulations found in 24 CFR Part 570.
• Title I of the Housing and Community Development Act of 1974, as amended, (42 USC
5301).
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including
provisions requiring recipients of federal assistance to ensure meaningful access by persons
of limited English proficiency.
• The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601
et seq.).
• The Age Discrimination in Employment Act of 1967.
• The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.).
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA").
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR
Part 8 where applicable.
• National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq.
("NEPA") and the related authorities listed in 24 CFR Part 58.
• Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically
including the provisions requiring employer verifications of legal status of its employees.
• The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the
Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A.
• Regulations at 2 CFR 200.450 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons.
• Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23,
Subpart F.
• Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act.
• Guidelines of the Environmental Protection Agency at 40 CFR Part 247.
• Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the
Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and
implementing regulations at 24 CFR Part 35, subparts A, B, M, and R.
• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 CFR Part 200 et seq.
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ATTACHMENT A: COMPLIANCE
• Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 109-
282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101).
• Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10
U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
• Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing
and Community Development Act of 1992 (Section 3), 24 CFR part 75.
• Public Laws Specific to Disaster Appropriations
o The Disaster Relief Supplemental Appropriations Act, 2022 (Pub. L. 117— 43)
approved September 30, 2021 (the "Appropriations Act") makes available
$5,000,000,000 in Community Development Block Grant Disaster Recovery
(CDBG—DR) funds.
o In March 2022, HUD allocated $2,213,595,000 in CDBG—DR funds from the
Disaster Relief Supplemental Appropriations Act, 2022 (Pub. L. 117— 43 known as
the "2022 Appropriations Act") for disasters occurring in 2021.
o The Continuing Appropriations Act, 2023 (Pub. L. 117-180) approved September
30, 2022 (the "2023 Appropriations Act") makes available $2,000,000,000 in
CDBG—DR funds.
o EPA RULE
o TELRR RULE
Reauirement that Law Be (quoted in Covered Contracts. - Certain Reauirements Pertainine to Section 3 of the
Housine and Urban Development Act of 1968 as amended (12 U.S.C. Sections 1701 et seal and its related
regulations at 24 CFR part 75
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 part 75 ("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:
The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 USC.170lu (Section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance, 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.
11. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, 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 75 regulations.
111. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers' representative 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 apprenticeship and training positions, the qualifications for each; the name and
location of the person(s) taking applications for each of the positions; and the anticipated date the
work shall begin.
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ATTACHMENT A: COMPLIANCE
IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance
with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an
applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 75.
V. The contractor will certify that any vacant employment positions, including training positions, that
are filled
(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 75 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 75.
VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of
this contract for default, and debarment or suspension from future HUD assisted contracts.
VI I. 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 USC 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and employment shall be given to
Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the
provisions of Section 3 and section 7(b) 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 75, and all applicable rules and orders of HUD shall be a
condition of the Federal financial assistance provided to the Proj ect 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
75.
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
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ATTACHMENT A: COMPLIANCE
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 for4 years following the termination ofthis 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.
Page 6
3/31 /25, 1:49 PM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 9/17/2024 REFERENCE
NO.:
**M&C 24- LOG NAME
0817
13P RFP 24-0151 HOME
REPAIR SERVICES MC
NS
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
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:
Official site of the City of Fort Worth,
FoRT�V�ORT_I_I
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: GTO1 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
department's "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; GTO1 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.
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M&C Review
Home Repair
GTO1
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
v
v
v
v
Construction
Bathroom
v
v
v
Electrical
v
v
Flooring
v
v
v
Foundation
v
HVAC
v
v
v
v
Insulation
v
v
v
Kitchen
v
v
Lead Hazard
v
v
Control
Plumbing
v
v
Roofing
v
v
v
Weatherization
v
v
Under these non-exclusive agreements, the Neig iborhood 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 performed 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 & Funding
Sources
LEAD: Community
Development Block
grant Match
LEAD: U.S. Department
of Housing and Urban
Development grant
LEAD: Healthy Homes
grant
Priority Repair:
Community
Development Block
grant
Priority Repair: City of
Fort Worth - General
Fund
Year 1 Year 2 Year 3 Year 4 Year 5
(2024-2025) (2025-2026) (2026-2027) (2027-2028) (2028-2029) 5-Year Total
$ 187,500.00 $ 187,500.00 $ 187,500.00 $ 187,500.00 $ 187,500.00 $ 937,500.00
$ 1,250,000.00 $ 1,250,000.00 $ 1,250,000.00 $ 1,250,000.00 $ 1,250,000.00 $ 6,250,000.00
$ 175,000.00 $ 175,000.00 $ 175,000.00 $ 175,000.00 $ 175,000.00 $ 875,000.00
$ 2,100,000.00 $ 2,100,000.00 $ 2,100,000.00 $ 2,100,000.00 $ 2,100,000.00 $10,500,000.00
$ 1,600,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 9,600,000.00
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Healthy Homes for
Heroes: Texas Veterans
Commission grant $ - $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 1,200,000.00
Healthy Homes for
Heroes: Community
Development Block
grant $ 300,000.00 $ - $ - $ - $ - $ 300,000.00
Weatherization : Texas
Association of
Community Action
Agencies grant $ 1,050,000.00 $ 1,050,000.00 $ 1,050,000.00 $ 1,050,000.00 $ 1,050,000.00 $ 5,250,000.00
Weatherization: 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
Weatherization: Texas
Department of Housing
and Community Affairs -
U.S. Department of
Energy grant $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 1,750,000.00
Weatherization: Texas
Department of Housing
and Community Affairs -
U.S. Department of
Energy Bipartisan
Infrastructure Law grant $ 1,225,000.00 $ - $ - $ - $ - $ 1,225,000.00
Weatherization: City of
Fort Worth - General
Fund $ 400,000.00 $ - $ - $ - $ - $ 400,000.00
Household Crisis: Texas
Department of Housing
and Community Affairs -
Comprehensive Energy
Assistance Program
grant $ 600,000.00 $ 600,000.00 $ 600,000.00 $ 600,000.00 $ 600,000.00 $ 3,000,000.00
Total $ 9,937,500.001 $ 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 GTO1 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.
BQN\\
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M&C Review
TO
Fund
Department
Account
Project
Program
Activity
Budget
Reference #
Amount
ID
ID
Year
(Chartfield 2)
FROM
Fund
Department
Account
Project
Program
Activity
Budget
Reference #
Amount
ID
ID
Year
(Chartfield 2)
Submitted for Citv Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
Reginald Zeno (8517)
Fernando Costa (6122)
Reginald Zeno (8517)
Kacey Bess (8187)
Jo Ann Gunn (8525)
Maria Canoura (2526)
ATTACHMENTS
13PRFP 24-0151 HOME REPAIR SERVICES NS MC Undated FID.xlsx (CFW Internal)
Home Renair Proa ram Contract Matrix Fundina Projections.xlsx (CFW Internal)
RFP 24-0151 - Bid Matrix.xlsx (CFW Internal)
RFP 24-0151 HOME REPAIR SERVICES comDliance memo NS.Ddf (CFW Internal)
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M&C Review
Page 1 of 3
A
CITY COUNCIL AGEND
Create New From This M&C
Official site of the City of Fort Worth, Texas
Fare
REFERENCE **M&C 25- 13PAMEND M&C 24-0817
DATE: 3/25/2025 NO.: 0250 LOG NAME: TO ADD HARRP TO RFP 24-
0151 MC NS
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Amend Mayor and Council Communication 24-0817 to Incorporate the Homeowners
Assistance Repair and Rehabilitation Program (HARRP), Funded Through the Community
Development Block Grant - Disaster Recovery Program, into the Neighborhood Services
Department's Home Repair Program and Authorize Related Amendments to the Non -
Exclusive Agreements Executed with Awarded Vendors for Home Repair Services
RECOMMENDATION:
It is recommended that City Council authorize an amendment to Mayor and Council Communication
24-0817 to incorporate the Homeowners Assistance Repair and Rehabilitation Program (HARRP),
funded through the Community Development Block Grant - Disaster Recovery Program, into the
Neighborhood Services Department's Home Repair Program and authorize related amendments to
the non-exclusive agreements executed with the awarded vendors for Home Repair Services.
The Neighborhood Services Department approached the Purchasing Division to request assistance
into incorporating the Homeowners Assistance Repair and Rehabilitation Program (HARRP), funded
through Community Development Block Grant - Disaster Recovery Program, into its Home Repair
Program as defined under Mayor and Council Communication (M&C) 24-0817.
City Council approved M&C 24-0817 on September 17, 2024. The M&C authorized the execution of
non-exclusive agreements with six vendors awarded under Request for Proposal (RFP) 24-0151 to
provide home repair services for the Neighborhood Services Department's Home Repair Program.
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 included in M&C
24-0817 included the following programs: Priority Repair, Lead Hazard Reduction Program, Healthy
Homes Initiatives, Household Crisis Repair, Healthy Homes for Heroes, and Weatherization
Assistance and were collectively referred to as the department's "Home Repair Program". Because
additional grant funds are allocated to the City from time to time based on emergencies, availability,
and various other reasons, M&C 24-0817 stipulates that in the event that additional grant funds are
received, an M&C would be brought to City Council for approval to include those additional funds in
the Home Repair Program. At this time, the Neighborhood Services Department is requesting to add
one additional funding source to the Home Repair Program: the Homeowners Assistance Repair and
Rehabilitation Program (HARRP). The total amount of anticipated grant funding for HARPP is
$6,795,400.00.
In order to ensure the City has contractor capacity to fully utilize this additional funding source and
make repairs as quickly as possible, staff is requesting that City Council approve amendments to
the non-exclusive agreements with GTO1 Construction Corporation; HVAC ServicePro, LLC; Camelot
Roofing, LLC; G. A. Miller Enterprises, Inc; Angler's Insulation, LLC; and Pinnacle Project Partners,
LLC. The vendors are limited to the services they bid under the original RFP. The table below shows
the service categories they were awarded:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=33114&councildate=3/25/2025 6/10/2025
M&C Review
Home Repair
GTO1
HVAC
Camelot
G. A. Miller
Angler's
Service Type
Construction
ServicePro,
Roofing,
Enterprises,
Insulation,
Awarded
Corporation
LLC
LLC
Inc
LLC
General
Page 2 of 3
Pinnacle
Project
Partners,
LLC
Construction v v v
Bathroom v v
Electrical v v
Flooring v v
Foundation v
HVAC v v v
Insulation v v v
Kitchen v v
Lead Hazard
Control v v
Plumbing v v
Roofing v v v
Weatherization v v
At this time staff is not seeking to increase the initial spending capacity or term period approved
through M&C 24-0817. If additional capacity is determined to be needed in the future before the
expiration of the initial five-year term for these or any previously approved housing rehabilitation
programs, an M&C will be brought back to the City Council for approval.
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.
v
v
v
v
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on
City funds.
BQN\\
TO
Fund Department I Account Project Program Activity Budget Reference # Amount
ID ID I Year I (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manaaer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Reginald Zeno (8517)
Jesica McEachern (5804)
Reginald Zeno (8517)
Kacey Bess (8187)
Brandy M. Hazel (8087)
Maria Canoura (2526)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=33114&councildate=3/25/2025 6/10/2025
M&C Review
Page 3 of 3
ATTACHMENTS
1295-GA Miller Enterprises, Inc.odf (CFW Internal)
1295-GTO1 Construction Corporation.Ddf (CFW Internal)
1295-Pinnacle Proiect Partners, LLC.pdf (CFW Internal)
SAMs GTO1-Entitvinfo 20250217-125047.odf (CFW Internal)
SAMs Pinnacle Proiect.pna. (CFW Internal)
SAMs-GA MillerEntitvinfo 20250217-125333.odf (CFW Internal)
TX SOS -GA Miller Enterprises, Inc.pdf (CFW Internal)
TX SOS-GTO1 Construction Comoration.Ddf (CFW Internal)
TX SOS -Pinnacle Proiect Partners. LLC.odf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=33114&councildate=3/25/2025 6/10/2025