HomeMy WebLinkAboutContract 45067 CITY SECRETARY
CONTRACT NO.iLLLLL
CITY CJF FORT WORTH
JOB ORDER CONTRACT(JOC) SERVICES CONTRACT
This Contnaot, made and efhaoLk/e as of the lost dobs executed by a Party hereto ("Effective
Date^), is by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation
("City") and Javier ViUagnmez d/b/a GTO Construction, a sole proprietorship authorized to do
business in the State of Texas ("Contractor"). City and Contractor may be referred to herein
individually mam Party and collectively as the Parties.
VV|TNESSETK That for and in consideration of the payments and agreements to be performed
by the City, the Contractor hereby agrees with the City to commence and complete the Job Order
Contract Services described herein.
ARTICLE 1. DEFINITIONS
"Building Code" means the City's Building Code as amended from time totime.
"Contract Documents" means, collectively, this document, the Job Order, the General Conditions,
the Invitation tm Bid and Contractor's Response to Invitation to Bid, and all other documents that are
attached or incorporated herein byreference.
"Contractor Personnel" means the emp|oyees, staff or subcontractors employed by Contractor to
perform Work under this Contract.
"Housing Unit" means a house owned by a resident of the City of Fort Worth.
"Invitation to Bid" means the Invitation to Bid for Priority Homo Improvements, No. 12'085.
"Job Order Contract" or "JOC"" is a Firm Fixed price. Indefinite Delivery/indefinite Quantity
governing agreement for minor oonatru(tinn, repair, and/or rehabilitation of Housing Units
("Project").
"Job Order" means an itemized list of the Work on a Housing Unit which contains sufficient detail
to determine quantities and quality, and the time for performance, |t includes any specifications and
drawings required by City together with any change orders approved by City and Contractor. Work
on a Housing Unit will be authorized by an individual Job Order on an as-needed basis. See
sample Job Order form .
"Standard working hours" are 7:30 a.m. to 5:00 p.m.. CST Monday through Friday, unless
alternate standard hours are agreed to in writing for an individual Job Order.
"Work" means the repair, rehabi|itahon, a|hyradnn, renomaUnn, new construction and/or services
fora Housing Unit required by o Job Order and the Contract Donuments, whether completed or
partially oomp|ehad, and includes all |mbor, mah*ha|s, equipment and services provided or to be
provided by the Contractor to fulfill the Contractor's obligations under the Contract Documents.
OFFICIAL RECORD
FE, WORT1111111011"X
Priority Repair Progrom Contract with Javier ViUagomezd/b/oGTOConstru
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ARTICLE 2. SCOPE OFSERVICES
A. Contractor shall furnish all of the labor, materials and equipment necessary to perform the
Work as described in each Job Order. The Contractor shall do everything required bythe
Contract Documents for each Job Order.
B. 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 |avvs, 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
modification of this Contract is necessary to comply with the Building Code, then the Parties
shall execute a written modification of this Contract,
C 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 or
meet standards. Such repair or replacement of Work ahe|| be completed within 2 working
days from written notification by City. |f the Work fails to pass final inmpecdmn. Contractor
will be responsible for any fees associated with the re-inspection as well as any other fees
or costs resulting from the failure mf the Work to pass final inspection.
D. Contractor shall not solicit or contract with residents to perform additional work on the
Housing Unit for minimum ofO months after the Work iscomplete.
ARTICLE 3. INSURANCE REQUIREMENTS
Contractor shall not commence Work until it has obtained all insurance described in Attachment
A and proof mfsuch insurance has been received and approved by City.
ARTICLE 4. TIME OF COMPLETION
For each Job Order, City shall provide Contractor awritten Notice to Proceed which states a date
for commencement of the Work and o 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 such completion dates, The time set forth for completion of the Work for each Job
Order inon essential element of this Contract. Contractor acknowledges that failure to complete the
Work within the stated number of calendar days and timely complete the Job Order may result in
termination of this Contract.
ARTICLE 5. TERM OF CONTRACT
This Contract shall commence as of the Effective Date and shall automatically expire upon the
earlier ofthe expenditure of$3OD.DOO DD or 1 year from the Effective Data (the "Expiration Date^), if
not terminated sooner orextended as described below. No Job Order shall be issued after the
Expiration Date. However, any Job Order still with Work in progness. Contractor's obligation to cure
or remedy defective Work, and Contractor's warranty and indemnification obligations shall survive
the Expiration Dote or earlier termination of this Contract. The Contract shall be renewable at the
City's option for up to 4 additional one-year terms at a maximum of$300,000.00 each year. If City
does wish to exercise its option to renew, it will do so by providing written notice to Contractor at
least 1O calendar days prior to the expiration of the Contract. \f City exercises a renewal option, the
renewal term shall be deemed to include this option provision as well as all other terms and
conditions of this Contract unless specifically changed or modified in writing.
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ARTICLE 6. PAYMENT FOR SERVICES
& City shall pay Contractor on an individual Job Order basis based on the Bid Tabs in
Attachment C upon City's acceptance of the completed Work and submission by
Contractor ofa detailed invoice accompanied by evidence of acceptance,,
B. City shall have the unconditional right to withdraw a Job Order at any time before or after
the Contractor has submitted its response to the Job Order. If 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 issued
a Notice to Proceed,
C, For Job Order to become efecUve, it must (a) be signed by City and Contractor, (b) be
form fixed phom. Jump sum for the Work, (o) be based on the prices in Attachment C.
and (d) include a Notice to Proceed. City shall pay Contractor within 30 days of
acceptance VfWork.
D. Any Work outside of the scope of the Job Order nrthis Contract that is not authorized by
the City in writing will be a disallowed cost for which Contractor will not be compensated.
ARTICLE 7. LIENS
Contractor shall not place a lien on the Housing Unit and will only look tothe City for payment for
Work. Placement of a lien by Contractor or any subcontractor on a Housing Unit will be grounds
for termination for cause of this Contract.
AR T|%CLE 8. PERMIT SAN D |NISPECT|0 NIS
Contractor shall apply for all Building Pamnds 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 Planning and Development Department for Building
Permits must have occurred in order for final inspection of the Work by the City's Housing and
Economic Development Department inspectors tubescheduled.
ARTICLE 9. CITY INSPECTION AND ACCEPTANCE OFWORK
Inspection and acceptance of any Work shall beasstated in the specific Job Order in accordance
with the Contract Documents. Work must pass inspection and be approved bv inspectors from both
the Planning and Development Department for Building Permits and the Housing and Economic
Development Department City reserves the right to perform inspections of the Work at any time,
and any inspections performed by City or by others on behalf ofCity shall be for City's sole benefit
The presence or absence of a City inspector does not relieve Contractor from any Contract
requinament, nor is the inspector authorized to change any term or condition of the Contract
Documents without the City's written authorization. Quality control for the Work ie the responsibility
of Contractor. Contractor sha||, without charge, replace or correct Work found by City not to
conform to the Contract requirements, un|ona City consents to accept the Work with an appropriate
adjustment in the Job Order price.
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ARTICLE10\ WARRANTY OF CONSTRUCTION AND OF EQUIPMENT INSTALLED
Contractor shall warrant that Work conforms to the Job Order requirements and is free of any
defect in equipment, material, design furninhed, or workmanship performed by the Contractor or
any of its design profeeeiona|e, subcontractors or suppliers at any tier. All Work shall be
warranted for a minimum of1 year from the date cf final acceptance oftheVVork
All repairs or replacement shall be free of cost or charges to City or the resident, whether or not
the materials or equipment are guaranteed by the manufacturer orsupplier.
The warranty shall not be construed to limit or in any way modify any warranties or guarantees
placed upon any materia|a, mpp|iances, fixtures or devices by their mmnufacturera, or any
components for which a longer period of warranty ia required in this Contract.
Contractor shall furnish the resident with all manufacturers' and suppliers' written
guaranteee, warranties and operating instructions covering materials and equipment furnished
under this Contract, together with any documentation required for validation.
ARTICLE 11. DELAYS AND ExTENS|ON DFT|A0E
Contractor may be granted an extension of time because of change onJero, 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.
ARTICLE. 12. SUBCONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S
BUSINESS ENTERPRISES AND LABOR SURPLUS AREAS
Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises
(^K8/VVBEs^) in all phases ofits procurement practices and to provide them equal opportunity to
compete for contracts for construction, provision of professional aervices, purchase of equipment
and supplies and provision of other services required by City. Therefore, Contractor agrees to
incorporate City Ordinance No. 15530 (''[}rdinanoe^), and all amendments or successor policies
thereto, into all contracts and subcontracts and will further require all persons or entities with
vvhnnn it contracts to comply with said ordinance. In accordance with the {}nJinanoe. City has goals
for the participation of M/VVBE in City contracts. Contractor acknowledges the K88NBE goals
established for this Contract and its 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 a period of time of not less than 3years.
THE KO&WBE GOAL FOR THIS CONTRACT IS 10 percent Analysis of whether such M8NBE
goal is met will be measured on an aggregate basis for the entire term of the Contract.
Contractor is also responsible to contact the City's M8WBE Office to obtain lists of certified
yW8A/BE firma in order to meet this goal,
The K88A/BE firm(a) must be located or doing business in the City's geographic market area at the
time of the issuance of an individual Job Order. The City's geographic market includes the
following 8 counties: Tarrant. Parker, Johneon, Co||in, Da||as, Denton_ Ellis, Kaufman and
Rockwall. The M88/BEfirm(S) must also be currently certified or in the process ofbeing certified
by the North Central Texan Regional Certification Agency (NCTRCA). or Texas Department of
Transportation (TXDOT). Highway Division.
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Contractor shall deliver the monthly MXNBE reports and supporting documentation to the M/VVBE
Dffice, which will verify that payments have been made to &18NBE subcontractors on each
completed Job Order. C}n Job Orders that extend over 3O days in duration, the My/VBE Office will
verify that payments have been made to the K8NVBE subcontractors for work in-p|ooe.
In add|hon, it is national policy to award a fair share of contracts to disadvantaged business
enterprises (DBEe), small business enterprises (SBEs), minority business enterprises (K8BEs),
and women's business enterprises (VVBEs). Aononjing|y, affirmative steps must be taken to
assure that DBEs. SBEn. K4BEs' and VVBEs are utilized when possible as sources of supplies,
equipment, construction and services,
ARTICLE 13. RELATIONSHIP OFPARTIES
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 o[ and
the exclusive right to control the details of the work and services performed henaunder, and all
persons performing oeme, and shall be solely responsible for the acts and omissions of its
offioens, agents, employees and subcontractors, Nothing herein shall be construed as creating a
partnership or joint venture between City and CVntnacbor, its officens, aQents, employees and
subnontrectons, and the doctrine ofnaspondeat 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 fmnn or manner, be considered e third party beneficiary of this Contract. Each
Party shall be solely responsible for the fulfillment of its own contracts or commitments.
ARTICLE 15. SUSPENSION AND TERMINATION
A. Suspension
1. City may suspend the Contract for 30 days and no new Job Orders will be assigned if
the following occurs 3or more times:
a Contractor fails to provide adequate supervision at the Housing Unit.
b. Contractor fails to obtain appropriate permits and inspections.
o. Contractor fails to meet all safety requirements in Attachment .
d� Contractor fails to correct deficient work within 2 days as required in Article 3.
e. Contractor fails to comply with any hsnn of the Contract Documents.
2, City shall provide Contractor written notice of each occurrence in which Contractor
has failed bo comply with the terms of this Contract. After Contractor has been sent 3
written notioes. 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 nandmnad 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.
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C. Termination for Cause
1. City may hanninaba this Contract for cause for Contractor's dehau|t, failure or inability
to perform, failure to comply with any of the terms henain, 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 doha of termination if the default is not
cured.
3. If Contractor has not cured the default within 15 days. then City shall terminate the
Contract on the date of termination, Contractor shall stop work on the date of
termination. Contractor shall not receive any compensation for any Work performed
after the date oftermination.
D. Termination does not terminate any applicable 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 Contnaot, the rights and remedies contained
herein are not exc|umive, but are cumulative of all rights and remedies which exist now or
in the future.
ARTICLE 16. VVA|VEFl
No waiver by either Party of any default or breach of any term, covenant or condition of this
Contract shall operate msa waiver of any future breach or other default, whether ofa like or different
character ornature.
ARTICLE 17. SEVERAB|UTY
If any part of this Contract is for any reason found to be unenforoeab|e, all other parts remain
enforceable unless the eyeu|t 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 m part of this Contract for all purposee, 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
ohoU 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 18. GOVERNING LAW AND VENUE
This Contract shall be governed by and construed and enforced in accordance with the laws of the
State ofTexas. 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.
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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
rHE 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, 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 LINDER 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.
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ARTICLE 21. SURVIVAL
Contractor shall remain obligated to City under all clauses of this Contract that expressly orbytheir
nature extend beyond termination of this CDntraot, 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 aution, 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 ur financial insolvency provision oflaw.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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Priority Repair Program Contract with Javier Vi|lagomez d/b/a GTO Construction-October
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IN WITNESS WHEREOF, City and the Contractor have each executed and dated this instrument
through its duly authorized officers in multiple counterparts, each of which shall be considered an
original, but all of which shall constitute one instrument.
CONTRACTOR: CITY:45-
By: v By:
Title: Fernando Costa
Assistant City Manager
r
Date: Date: "
ATTEST ,
ary J. Kay `
City Secret
M&C C-26508 Date: 10/15/2013
APPROVER AS TO FORM D EGALITY: 0
By' U �1
Vicki Ganske
Assistant City Attorney
r r TY ' ET
Priority Repair Program Contract with Javier Villagomez d/b/a GTO Construction October
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Attachment
GENERAL CONDITIONS
HOME IMPROVEMENT SERVICES
PRIORITY REPAIR PROGRAM
i SCOPE
Contractor shall provide all labor, equipment and mahshm|s necessary to perform and
complete the Contract as described herein. The services ino|ude, but are not limited to,
p|umbing, electrical, roofinQ, and heoting, venti|ation, and air conditioning. Words used in
this Attachment shall have the same meaning as in the Contract unless otherwise defined
herein.
U. 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.
B. Contractor certifies that both Contractor and any subcontractors are licensed and trained
to perform the Work. Contractor shall provide proof of all applicable licenses for itself and
for any subcontractors.
C. Contractor and any subcontractors may not be debarred or suspended from performing
work by any |oca|, state or federal If Contractor or any subcontractors have been
debarred, suspended or are not properly licensed, this Contract shall automatically
terminate.
O. All necessary licenses 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,
U|. SECURITY AND INDENTIFICATION
A. All Contractor Personnel shall be legally authorized to work in the United States of
America. If requested, Contractor shall provide |-g forms for each individual assigned to
the Conbact, 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 Personne|, including driver's license and
social security numbens, will be provided toCity. The same information shall be provided
prior to the assignment of new employee if requested by City,
C Contractor shall issue an identification badges to Contractor Personnel identifying the
worker and such identification badge shall be visibly worn at all times during the
performance of Work. In addition, Contractor Personnel shall wear uniforms which
identify their employer.
|V. 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 byCity.
V. BACKGROUND INVESTIGATIONS
Contractor shall perform a criminal background check on all Contractor Personnel prior to
them entering a Housing Unit or performing any Work, Contractor shall ensure that no
Contractor Personnel with criminal convictions or pending criminal hearings will be assigned
Attachment B (October 2013\
Attachment
to perform Work under this Contract. If requested, Contractor shall provide copies of
background checks on Contractor Personnel.
-' DRUG SCREENING
Contractor shall perform drug screenings of all Contractor Personnel and if requeehad, 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.
VU. 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 oen/inea and/or
goods related to this Contractor shall carry insurance in the types and amounts for the
duration of this Contract as listed be|mw, and furnish certificates of insurance along with
copies of policy declaration pages and policy endorsements as evidence thereof:
1. ("CGL") Insurance
$1.000.000 Each Occurrence
$2.00O.00O 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 preminas/operations, prod uchs/comp|eted operadons,
contractual, personal injury or advertising injury which are normally contained
within the policy unless City approves such exclusions inwriting.
2. Automobile Liability
$1.00O.00O each accident ona combined single-limit basis, or
$1OO.00O Property Damage
$2507000 Bodily injury per person
$5OO.000 Bodily Injury per person per occurrence
Coverage shall be e commercial business policy which provides coverage on
"Any Auto", defined ao any vehicle owned, hired or non-owned, SpecificaUy, this
means coverage on any vehicle used by Contractor Personnel in the course of
the providing services under this Contract.
3. Workers' Compensation Insurance
Statutory Limits
Employer's Liability
$1OO.00O Each accident/occurrence
$1OO'OOO Disease -each employee
$5OO.O0O Disease - policy limit
This coverage may bo written osfollows:
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, demo|ition, and rehabilitation. Contractor or its
Attachment B (October 2013)
Attachment
subcontractors shall maintain covenageo, if applicable, In the event the
respective subcontractors do not maintain ooverage. Contractor shall maintain
the coverage on such subcontractor, if applicable, for each subcontract.
4 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.
(a
B. Certificates ofInsurance and Endorsements effecting coverage required by this Section
shall bn forwarded to:
City mf Fort Worth Purchasing Division
1000ThrochnmortonStreet
Fort Worth, Texas 76102
C. Additional Insurance Requirements
1 The City, its officers, employees and volunteers shall be named asenAdditional
Insured. This requirement does not apply toWorkers' Compensation or Automobile
policies.
2. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth.
3. The insurers for all policies must be licensed and/or approved to do business in
the State of Texas. Except for workers' compensabon, all insurers must have a
minimum rating of A: V|| 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 naquinad, written approval of Risk
Management isrequired,
4. If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences isrequired. Excess Liability shall follow
form of the primary coverage.
5. Unless otherwise mtoted, 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 ahm|| 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 ia longer. An annual certificate of insurance submitted to City shall
evidence such insurance coverage.
8, Policies shall have no exclusions by endorsements which nullify the required lines of
covensge, 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 covmnage, 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 1D96.
7 Any self-insured retention (S|R), in excess of $25.000.00. affecting required
insurance coverage shall be acceptable to and approved by the City's Risk
Management Division in regards to asset value and stockholders' equity. In lieu of
traditional insunance, alternative coverage maintained through insurance pools orrisk
retention groups must also be approved by Risk Management.
8. Any deductible in excess of$5,000.00 for any policy that does not provide coverage
on a first-dollar basis must be acceptable to and approved by the City's Risk
Attachment B (October 2O13)
Attachment
Management Division.
8. City, at its ao|a disorehon, 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 ofprofessional insurance adviaons,
changes in statutory |avv, court decimiona, claims history of the industry as well as of
the Contractor to the City of Fort Worth or other relevant factors. City shall provide
80 days prior notice of changes to these insurance requirements,
10 The City shall be entitled, upon request and without expense, to receive copies of
policies and endorsements thereto and may make any reasonable requests for
deletion or revision or modification of particular policy terms, conditions, |imitationa, or
exclusions except where policy provisions are established by law or regulations
binding upon either uf the party or the underwriter un any such policies.
11 Any failure on City's part to request certificates of insurance shall not be construed as
a waiver of such requirement or as a waiver of the insurance requirements
themselves.
12 In conjunction with the aforementioned requirements. Contractor must provide the
same insurance coverage for any subcontractors employed within the scope of this
Contract.
VUi COST FOR WORK PERFORMED
Cnntraoborvvi|| performtheVVorkforthecoetohmwnonthe8idTmbs (AttaoMrneniC).
|X. GENERAL WARRANTY
Contractor warrants that all labor and materials are of the type and grades specified in the
Invitation to Bid and that labor has been padbnned in a standard manner. Contractor shall,
without cost to the resident or to Cih/, remedy any defect due to faulty material or
workmanship and pay for all damage to other work resulting therefrom, which appear within 1
year from final payment. Contractor shall furnish huresident all manufacturers' and suppliers'
written warranties covering items furnished under this Contract prior to release of the final
payment,
X. COMPLIANCE WITH FEDERAL LAW
A. The Project is subject to the Contract Work Hours Safety Standards Act (CWHSSA), and
the Fair Labor Standards Act (FLS4) 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. CVVHSSA sets a uniform standard of 40-hour workweek with time and a half the
basic rate of pay for all work in excess of 40-hours per week. FAILURE TO COMPLY
WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW
OF FUNDS.
B. The Project is assisted in vvhu|e or in part by Community Development Block Grant
(^CDBG^) funds and any work orders will be subject to the following applicable federal
laws including, but not limited to:
- Regulations at24CFR Part 57O pertaining toCDBG (^CDBGRegu|ations^).
- Title | of the Housing and Community Development Act of1S74as amended (42USC
5301 etme4).
' Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
USC4GO1etoeq.) and its related regulations at49 CFR Part 24.
Attachment B (October 2D13)
Attachment
'
Title V| of the Civil Rights Act of1064 (42USC2DOOde/seql
'
Title VIII of the Civil Rights Act of1068 (42USC3O01 e/xeqj.
Executive Orders 11063. 11246, as amended by Executive Orders 11375 and 12086
and an supplemented by 41 CFR Part 60.
The Age Discrimination in Employment Act of1QO7 (28USC621etueg.).
The Age Discrimination Act of1O75 (42USC81O1etueq.).
Section 504of the Rehabilitation Act of1073 (29USC794ntoeq.) and 24 CFR Part
8 where applicable.
'
The Americans with Disabilities Act of100O (42USC121O1 etoeq.).
National Environmental Policy Act of 1080, as amended. 42 USC 4321 et am7.
(^NEPA^) and the related authorities listed 24 CFR Part 58,
'
The Clean Air Act, as amended (42USC7401etseqj. the Clean Water Act of 1977,
an amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part
15. an amended from time totime, 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 VVeher
Ac .
' The Immigration Reform and Control Act of 1986 (8 U8C 1101 et soq.), specifically
including the provisions requiring employer verification of the legal status of its
employees.
'
Drug Free Workplace Act of1088 (41 USC7O1 etseq.) and 24 CFR Part 23. Subpart
F.
Regulations at 24 CFR Port 87 related to |nbbyin8, including the requirement that
certifications and disclosures be obtained from all covered persons.
Executive Order 12540 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred, or suspended persons orentities.
'
Copeland ''And-Kickbaok "Act (18UGC874et seO.) as supplemented in2Q CFR Part
S
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 04A 183, 88 Stet. 871). (53 FIR 8U68. 8087. Mar. 11,
1888. ao amended otO0 FIR 18630. 19642, Apr. 18. 1@S5).
'
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 etao4]. aaamended
by the Residential Lead-Based Paint Hazard Reduction Act nf1002 (42U.S.C. 4851
etueqj and implementing regulations at 24 CFR Part 35, subparts A. B. K8. and R
Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as
amended (12 U.S.C. Sections 1701 et seg.) and its related regulations at 24 CFR
-
Requireme t that Law Be Quoted in Covered Contracts. —Certain Requirements
Part 135
' |f the work performed under this Contract isona project aaeistedunderaprogram
providing direct Federal financial assistance from the United States Department of
Housing and Urban Development (^HUD^). Section 3of24 CFR 13538 (''Seotion3'')
requires that the following clause, shown in italics, be inserted in all covered
contracts ("Section 3 C|ause'')i
Section boba quoted in covered contracts begins:
AffaohnnentB (October 2O13\
Attachment B
"A, The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. section 1701 u (Section 3). The purpose of Section 3
is to ensure that 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 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 Project,
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
Attachment B (October 2013)
Attachment
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.
C. Contractor covenants and agrees that its officers, agents, employees and subcontractors
shall abide by and comply with all other laws, Federal, ababs and local, relevant to the
performance of this Coninact, including all applicable City ondinances, rules and
regulations and Title | of the Housing and Community Development Act of1S74 (42USC
5301 etoe4). as amended, and the CDB{3 Regu|sdions, as amended. (24 CFR Part 570
ft seq.). Contractor further promises and agrees that it has read, and is familiar with, the
banns and conditions of the Community Development Block Grant under which CO8G
Funds are granted and any applicable provisions of the CDBGRegulations.
O. 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 {}pen 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.
E. In the event a patentable invention is created as part of this Contract and e patent is
obtained. Contractor shall notify City of the patent and the patent ohaU, at the mn|e
discretion of the City, be assigned to City upon demand. City retains all rights to
intellectual property developed in the course of this Contract.
F. In the event any copyright arises with respect to any data or other oopyhghtab|ework
developed in the course of or under this Contnaot. Contractor shall notify City of the
copyright and the copyright shaU, at the sole discretion of City, be assigned to City upon
demand.
G. City. HUD, and the United States Comptroller General, or their respective
nepnasenbstiveo, shall have access for years following the termination of this Contract to
any bomks, docurnente, records and papers relating to the operations of Contractor under
this Contract for the purpose of audit, axaminotion, exception and transcription at all of
Contractor's offices at all reasonable hours. This provision shall survive the termination
or expiration of this Contract.
H. All records pertaining to Contnsct, including but not limited to any books, docunnento, and
pap8rs. shall be retained for years following the termination of this Contract. Contractor
may destroy Project reoordoattheendofthin4yearperiodifnooubstandingauditfinding
exists. This provision shall survive the termination or expiration of this Contract.
X|. NONDISCRIMINATION
A. Contractor, in the 8xeoution, performance or attempted performance of this Contract,
shall comply with all non'disorimination requirements of 24 CFR 570.607 and the
ordinances codified at Chapter 17. Article |||. Division 4 — Fair Housing of the City Code.
Contractor may not discriminate against any person because ofrace, no|or, sex, gender,
re|igion, national origin, familial otadua, disability or perceived disabi|ity, sexual orientation,
gander idendty, gender e«pneaaion, ortnansgender. nor will Contractor permit its officers,
agents, employees, or clients to engage in such discrimination.
Attachment B (October 2013)
Attachment B
B. This Contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17. Article ||!. Division 3 - Employment Practices of the City Code.
and Contractor hereby covenants and agrees that Contraotor, its nfficero, agente,
employees and euboontuantors, have fully complied with all provisions of same and that
no emp|uyee, or applicant for employment has been discriminated against under the
terms of such ordinances by either or its officers, agents, employees or subcontractors.
C. During the performance of this Contract. Contractor agrees to the following provision, and
will require that its subcontractors also comply with such provision by including it in all
contracts with its suboontnaotors�
[Contractor or Subcontractor's name] will not unlawfully discriminate against any
employee or applicants for employment because of naoe, co|or, sex, gender,
ns|igiun, national ori8in, familial sbstus, disability or perceived dioobi|ity, sexual
ohenbsUon, gender identib/, gender expression or tnsnsQender. [Contractor or
Subcontractor's name) will bake affirmative action to ensure that applicants are
hired without regard to nece, co|or, sex, gender, ns|i0ion, national oriQin, familial
status, disability or perceived disabi|ity, sexual ohentatiun. gender idendty,
gender expression ortranagenderand that employees are treated fairly during
employment without regard to their naoe, color, aex, gender, na|igion, national
origin, familial status, disability or perceived disability, sexual VhentaUon, gender
idanUty, gender expression ortmansgender. Such action shall induda, but not be
limited to, the following: emp|oyment, upgnedin0, demotion or transfer,
recruitment or recruitment advertising, layoff ortermination, rates of pay or other
forms of oompensadon, and selection for tnaining, including apprenticeship.
[Contractor or Subcontractor's name] ognaeo to post in conspicuous p|aces,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
[Contractor or Subcontractor's name) will, in all solicitations or advertisements for
employees placed by or on behalf o[ [Contractor V/ Subcontractor's nume], state
that all qualified applicants will receive consideration for employment without
regard to oaoe, co|or, aex, gender, ns|igimn, national origin, hanni|ie| otatus,
disability or perceived disability, sexual Vhenhsbon, gender idenUty. gender
expression ortransgender.
[Contractor or Subcontractor's name] covenants that neither it nor any of its
offioers, membera, agents, emp|oyeaa, or contractors, while engaged in
performing this Contract, shaU, in connection with the employment, advancement
or discharge of employees or in connection with the banna, conditions or
privileges of their employment, discriminate against persons because of their age
or because of any disability or perceived diaobi|ity, except on the basis of bona
fide occupational qualification, retirement plan or statutory requirement.
(Contractor or Subcontractor's name] further covenants that neither it nor its
ofhcens, membens, ayenCs, emp|oyees, oontraotnrs, or persons acting on their
beha|f, shall epeoifv, in solicitations or advertisements for employees to work on
this Contnaot, e maximum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qum|ifioation,
retirement plan or statutory requirement.
D Contractor covenants that neither it nor any of its offioere, a0ents, mrnp|oyees, or
suboonLsacLoro, while engaged in performing this Contract, sha||, in connection with the
emp|oyment, advancement or discharge of employees or in connection with the termo,
conditions or privileges of their employment, discriminate against persons because of
Attachment B (October 2013\
Attachment B
their age except on the basis of bona fide occupational qua|ificmton, retirement plan or
statutory requirement.
E. Contractor further covenants that neither it nor its oMioene, agenta, emp|oyees,
subcontracbors, or persons acting on their behalf, shall opecifv, in solicitations or
advertisements for employees to work on this Contnsct, 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.
F. In accordance with the provisions of the Americans VVith 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 avai|abi|ib/, terms and/or conditions of employment for applicants for employment
with Contractor, or employees of Contractor or any of its subcontractors. CONTRACTOR
WARRANTS |TWILL FULLY COMPLY WITH ADA'8 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 OFTHIS CONTRACT.
XU. 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 conditiuns, but the Contractor's obligation with
respect to such performance shall continue in full force and effect.
XUi CHANGE IN COMPANY NAME OR OWNERSHIP
Contractor shall notify City in writing of company nama, ownenship, or address change for
the purpose of maintaining updated City records. The president of the company orauthorized
agent must sign the letter. Failure todoso may adversely impact future invoice payments.
X[V. TERMS AND CONDITIONS
The City's Standard Purchasing Terms and Conditions in Attachment D shall apply tothe
Contract.
XV. 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, aidowa|ks, dhveways, 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 nocircumstances shall the Contractor leave construction debris (paint chips, nails,
uh|Og|oa. 81u.)un the resident's property. Contractor is responsible for properly disposing
of these items.
Attachment B (October 2013)
Attachment B
--'' SUPERVISION
Contractor shall, during all periods of Contract performance, provide competent supervision
of Contractor's employees and subcontractors to assure complete and satisfactory fulfillment
of the Work and the terms of this Contract. Contractor or e oapeb|e, fully authorized
representative must be immediately available during all Work activities to receive any and all
special instructions from City. Failure to provide competent supen/ision, as determined the
City, shall bean event of default under this Contract.
XVU. SAFETY
Contractor shall be thoroughly familiar with all prevailing safety measures pertinent to its
operations. This eheU inn|ude, but not limited to Environmental Protection Agency ("EPA")
regulations, City Ordinances, and Occupational Safety and Health Agency ("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.
XVUi HAZARDS
A. Contractor shall not permit the placement or use of equipment or materials in such
manner as to block traffic lanes orto 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 pnrsnnne|, even to the point of
interrupting the Work, ifnecessary.
B. If applicable, Contractor shall comply with all Federal and State regulations governing
repair and/or removal of lead based paint,
X|X. DEFECTIVE WORK AND DAMAGES
A. Contractor shall be wholly responsible for and shall promptly correct or restore all
defective work or damages to any Housing Unit caused by its activities at no cost tothe
City or resident. Restoration and correction shall be to City's complete satisfaction in its
sole discretion. This shall apply to any part ofa Housing Unit, its appudananoes, 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 orto become due tothe Contract.
XX. INSPECTIONS AND PERMITS
Contractor shall apply for and obtain all permits prior to performing the Job Order with the
City of Fort Worth Planning and Development Department for all Work requiring a permit.
Contractor shall arrange for inspections and inform the Housing and Economic Development
Department as to the date and time of any inspection. All permits shall be billed as pass
through cost with no mark-up and listed as a separate line item on invoice. Contractor must
provide proper documentation with each invoice in order to support payment of cost ofthe
permit. Failure to provide the supporting proof documentation will result in non-payment of
permit expenditure.
XXi ADDITIONAL REQUIREMENTS FOR WORK
A. Contractor shall protect resident's household goods and property from damage or loss
during Work, and maintain same in as good condition as before Work started.
Attachment B (October 2O13\
Attachment
B. Contractor shall leave the Housing Unit in at least broom clean condition. Any mahaha|a,
fixtures and equipment belonging to the residant, which are removed and not nsinaba||ed,
shall be removed from the Housing Unit unless the City or resident requests that they be
left. These and other materials, as well as other rubbish and debris resulting from the
repairs shall be removed from the job site immediately after completion of the Work.
C. PLUMBING SERVICES: GENERAL REQUIREMENTS:
1 Unless otherwise specified, all materials shall be PEXorotherwise specified.
2. All items aheU operate without |aekoQe, noiee, vibration or hammering. All penetration
of building components shall be neat, sleeved, & fire stopped, No solder containing
lead shall be used in any pipe nrfixture, Damage to structural members from drilling
or notching shall be repaired to the acceptance of the City.
3. WATER SERVICE—COPPER K LINE: Excavate bo36''. lay 1" type K' copper pipe
and refill trench for water service. Lay line without joints from meter hub to main shut
off valve inside structure. Contractor to apply and pay for all permitn, repair concrete
cuts and coordinate installation of new meter. Bauk5U, seed and mulch disturbed yard
areas.
4. WATER SUPPLY--PVC: |nabaU PVC cold and CPVC hot water supply lines to
fixtures, Clean joints with dyed solvent and solvent weld all joints. Size pipe 10 1886
CAB{) minimums per table p. 2406.5` i.e. 1/2 mains and 1/4^ fixture supply. |nebsU
PVC or brass shut off valves at all fixtures.
5. SHUT OFF VALVE: Install PVC or chromed brass shut-off valve on existing fixture
supply line.
S. ROD AND CLEAN DRAINS: Rod and clean drain lines atall fixtures to clear lines for
fixtures to main street sewer.
7. DRAIN-WASTE-VENT-PVC: Install schedule 40 PVC pipe and fittings, solvent
welded after e dyed cleaning step |natoU pipe with hangers 3' on center without
critical damage tostructural members.
8. SEWER SERVICE-4" PVC: Install a4" PVC sewer line from structure and connect to
the public sanitary sewer system. Install clean-outs as required. Re-grade yard in
work areo, sow grass seed and spread straw ho reestablish lawn. Contractor to apply
and pay for all permits and road repairs.
Q. REMOVE BATH HEATER REPAIR WALL: Remove gas wall heater from bath, Cap
gee line use conforming material to repair wall.
10, GAS LINE—PRESSURE TEST: Cap all gas lines prior to filling the distribution
system with 120 |bs. of compressed air. Maintain pressure for 24 hours. Locate and
seal any leaks in the system.
11� GAS LINE–SCHEDULE 40 STEEL: Hang 3/4" main and 1/2'' fixture gas supply lines
of schedule 40 black steel pipe with malleable iron screwed fittings. |nate|| brass stop
valves at all equipment.
12, {3A5 LINE—LPG COPPER: Provide copper LPG lines and fittings in strict
accordance with NFPA'56` and ASTK8 B'75. Provide main shut-off for entire
residence and fixture shut-offs at each appliance.
13. GAS FLEXIBLE SUPPLY LINE: Install an epoxy coated, flexible metal gas line with
brass compression fittings from gas stop valve toappliance.
14. GAS SHUT OFF VALVE, Install bronze, square head, gas cock valve for fixture.
15. GAS LINE–CAP: Cap gas lines in each room which supply or are intended to supply
natural gas to unventod space heaters. Lines shall be capped below the f|nVr,
remove space heater and or unit and dispose accordingly. .
Attachment B (October 2O13)
Attachment B
16. TPR VALVE: Install temperature and pressure relief valve and discharge tube on
water heater. Discharge tube to run within 6" of grade and/or to outside of structure.
17. WATER HEATERS: Installation cost shall include all travel time, trip charge, labor &
equipment/material/supplies required to install complete new water heater. Install a
glass lined, high recovery, insulated, gas water heater with a 10-year warranty
(electric water heater when applicable). Use A. O. Smith or approved equal.
Installation cost shall include new double wall vent pipes, collard, new gas line, new
T&P lines, new roof flue/jack stack-complete, pan and pipe insulation. Unit must meet
city code and must be raised 18" from elevation (when applicable). The removal of
existing water heater and proper disposal shall be in accordance to EPA regulation.
"Contractor is responsible for securing permit."
=> WATER HEATER-30 GALLON GAS:
=> WATER HEATER-40 GALLON GAS:
=> WATER HEATER-30 GALLON ELECTRIC:
=> WATER HEATER-40 GALLON ELECTRIC:
18. WATER SUPPLY PEX-1 BATH HOUSE: Remove all water supply from main shut off
valve inside structure. Install PEX type 3/4" fixture grouping trunk/manifold, and 3/8"
individual supply lines to service one 3 piece bath, water heater, kitchen and laundry
area. Follow Manufacture Installation Guide using all PEX fittings, and crimp rings,
shall be complete, code compliant, fully usable, and include shut-off valves, chromed
fixture supply lines and air gaps. Insulate all pipes where applicable to include over
the attic areas.
19. WATER SUPPLY PEX-2 BATH HOUSE: Remove all water supply from main shut off
valve inside structure. Install PEX type 3/4" fixture grouping trunk/manifold, and 3/8"
individual supply lines to service two 3 piece bath, water heater, kitchen and laundry
area. Follow Manufacture Installation Guide using all PEX fittings, and crimp rings,
shall be complete, code compliant, fully usable, and include shut-off valves, chromed
fixture supply lines and air gaps. Insulate all pipes where applicable to include over
the attic areas.
20. WATER SUPPLY PEX-3 BATH HOUSE: Remove all water supply from main shut off
valve inside structure. Install PEX type 3/4" fixture grouping trunk/manifold, and 3/8"
individual supply lines to service two 3 piece bath, water heater, kitchen and laundry
area. Follow Manufacture Installation Guide using all PEX fittings, and crimp rings,
shall be complete, code compliant, fully usable, and include shut-off valves, chromed
fixture supply lines and air gaps. Insulate all pipes where applicable to include over
the attic areas.
21. Hourly Labor Rate for Master Plumber: Services will be provided Monday through
Friday between 7:30 am and 5:30 pm. Rate shall include trip charge, travel time,
mileage, transportation cost, parking and toll fees. Rate shall start upon arrival at
client home or worksite.
22. Hourly Labor Rate for Carpentry Services and related work not specified or mention
under this bid. Note: Rate shall include trip charge, travel time, mileage,
transportation cost and parking fees. The labor rate shall start upon arrival at client's
home or worksite. Contractor is responsible for securing permit (when applicable)
23. Contractor shall bid a mark-up percentage over his/her costs for equipment, parts
and supplies not specified on the Pricing Sheet. (Contractor shall provide proof of
his/her costs with each applicable invoice.)
24. Contractor shall bid a labor rate for services not specified on the Pricing Sheet.
Attachment B (October 2013)
12
Attachment
O. HEATING VENTILATION AND AIR CONDITIONING (HVAVC) —GENERAL
REQUIREMENTS:
1. Equipment shall operate safely without \eakaoe, noise' or vibration. All penetration of
building components shall be neat, sleeved and fire shopped and shall not
compromise structural integrity.
2. Contractor shall submit diagnam, and must use the Air Conditioning Contractors of
America (ACCA) Manual J Heat loss calculation tool
http:// vww.ocoa.org8eoh/mmnuolj/), and use ACCA's Manual S for equipment
selection.
3. Size of furnace selected should be matched to the living unit considering any areas
which may be added or subtracted from the plan plus meet the current Energy Code
requirements adopted by the City to efficiently heat the structure. Contractor must
provide report ofManual J and Manual S calculations and conclusions and provide
diagram of the proposed layout of distribution system for City approval,
4. Duct work and boots must meet current energy code minimum R rating. When
H\A\C services are nequenbad. Contractor shall provide City with brand name, model
number, and size of unit prior to installation.
5. All installations shall be code compliant. HVAC PERMIT IS REQUIRED. Installation
cost shall include all |abor, material and supplies required to install new unit in
0000ndenm* with manufacturer nequiremonts, removal of existing unit and properly
disposal in accordance with EPA regulation. Installation shall also indude,
thermostat, vent flue- complete with outside roof jack and Oashing, new gas valve if
applicable, gas lines and shut off valve, if applicable, duct modification and seallinlg
of all new and existing ducts, plenum and return. Unit shall be properly vented,
insulated and /or sealed in accordance to |mua| code requirements (including high low
vents).
O, Hourly Labor HVAC Service and related work: Services will be provided Monday
through Friday between 7:30 am and 5:30 pm. Rate shall include trip charge, travel
time, mi|eeQe, transportation oost, parking and toll fees. Rate shall start upon arrival
at client home or worksite. Contractor is responsible for securing permit, when
applicable.
7. FURNACES—GAS — Complete install — Efficiency or higher configuration types: Up-
f|mw, Down-flow and Horizontal.
36.000 BTU
=�
42,000 BTU
=�
50,000 BTU
=�
70,000 BTU
75,000 BTU
=�
80,000 BTU
=> 85.000 BTU
=:,, 90,000 BTU
z:> 100,000 BTU
=* 110,000 BTU
8. HEATER-- Complete Install of gas fired, wall mounted heater including all gas |ine,
thermostut, flue piping complete through the roof jack and flashing.
Attachment B (October 2013)
Attao:hrnmntB
=� 3S.00O BTU GAS WALL
45.00O BTU GAS WALL
=� 5O.00O BTU GAS WALL
Q. HEAT PUMP SYSTEMS: Installation cost shall include all labor, nnabeha[ and
supplies required to install new complete systems (with new air handler and matching
coil) in accordance with manufacturer nequiremonts, removal of existing unit and
proper disposal in accordance with EPA regulation. Installation shall include new 7
day programmable thermostat (new five-wire for the new programmable t-stat), new
plastic or concrete a|ab, disconnect box, miscellaneous copper lines and
connections, nitrogen teot. T)(V if necessary, line set cover if necessary and
miscellaneous repairs.
=* HEAT PUMP-REPLACE 2TON UNIT: Complete Install of a heat pump unit.
24.000 BTU System: High Efficiency or higher Configuration Types: Up-f|ow,
Down-flow and Horizontal
=� HEAT PU[WP'REPLACE 2.5T(]N UNIT: Complete Install of e heat pump unit.
30.000 BTU System: High Efficiency or higher Configuration Types: Up-flow,
Down-flow and Horizontal
=* HEAT PUMP-REPLACE 3T[)N UNIT: Complete |natm|| of a heat pump unit.
36.080 BTU System: High Efficiency or higher Configuration Types: Up-flovv,
Down'f|owand Horizontal
HEAT PUMP-REPLACE 3.5T[)N UNIT: Complete Install of a heat pump unit.
40.000 BTU System: High Efficiency or higher Configuration Types.. Up-flovv,
Down-flow and Horizontal
HEAT PUMP-REPLACE 4T[)N UNIT: Complete |notm|| of a heat pump unit.
54.000 BTU System: High Efficiency or higher Configuration Types: Up-f|ovv,
Down-flow and Horizontal
E. ELECTRICAL SERVICES: GENERAL REQUIREMENTS:
1 All materials shall be UL approved and/or National Electrical Code rated. All dnUinB,
cutting and fastening shall be neat and true, and shall not critically damage framing
members. All patching shall match the surrounding surface or paint the entire wall
and break at corners. Contractor is responsible for securing permit.
2. Hourly Labor HVAC Service and na|ohed work: Services will be provided Monday
through Friday between 7:30 am and 5:30 pm. Rate shall include trip charge, travel
time, mi|eage, transportation coot, parking and toll fees, Rate shall start upon arrival
at client home or worksite. Contractor is responsible for securing permit, when
applicable.
3. ELECTRIC SERV|CE--150 AMP: 150 AMP: Replace existing electrical service with
a residential, 150 amp, single phase. 3 wire electric service. Include a main
disconnect, 22 circuit panel board, meter socket, weather head, service cable, and
ground rod and cable. Seal all exterior service penetration. New electrical service
must meet city code. Dispose of old electric service to code legal dump.
4. ELECTRIC SERVICE-200 AMP: Install a2OOamp, main disconnect, 110/220 volt,
24 circuit panel board, mmUm[ socket, weather head, service cable, and ground nod
and cable. Seal all exterior service penetration. New electrical service must meet city
code. Dispose of old electric service to code legal dump.
5. Contractor shall bid e mark-up percentage over his/her costs for equipment, pads
and supplies not specified on the Pricing Sheet. (Contractor shall provide proof of
his/her costs with each applicable invoice.)
Attachment B (October 2O13\
Attachment
6, Contractor shall bid a labor rate for services not specified on the Pricing Sheet.
7. Carbon Monoxide Alarm: Brand-Kidde battery operated unit. Alarm must be installed
m accordance with the manufactures recommendation.
F. ROOF REPAIRS AND SERVICES:
1. All services shall be completed in accordance to local code requirements. Contractor
\s responsible for securing permit.
2. SERVICE TYPE: Roof Replacement: Tear off one layer and replace roof complete.
All roof work performed for this bid shall be warranted for a period of five years
following payment. This warranty covers problems such as leaks, loose shingles and
correcting, replacing or repairing other damage and/or problems that may result from
the faulty roof work. Standard roof work shall be bid to include installation of new 20
year 'three tab' or'architectural shingles', 15#felt papmr, code approved venting, new
drip edge, new vent pipe boots, starter shingles for eves and rakes . ridge and gable
cap shinO|as, and code approved Work includes proper disposal of scrap and waste.
Bid shall assume less than S/12 pitch roof.
3. SERVICE TYPE: Tear off each additional roofing layer (beyond one |ayer):
Attachment B (October 2O13>
ATTACHMENT A
Address Description Report
JOB ORDER.
Fort Worth,T3
Project Type: Priority Repair Program Client Number:
Owner: ?roject Mgr: Joe Cordova
Structure Type: Single-Family Attached
Neighborhood:
Parcel: Vickery Southeast Addition ELK 2 LOT 8
Rehabilitation Technician
Ernest Wells
817-392-7506-office
817-653-5084-cell
Project Coordinator
Zoe Cordova
817-392-7332-office
Page I of 1
SPECS BY LOCATION/TRADE with Costs 11127/2012
Bidding Open Date: Case Number: 817 ,
Bidding Close Date: Project Manager: Joe Cordova
Alriitial: Phone: 817-392-7332
k ��� rn � s s G krv•r's - 's j,` .F i1:' rs o w.t 7•�"f�v' 'G� .°^ .:'
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Spec# Spec Quantity Units Unit Price Total Price
Trade: 1 General Requirements
2 REHABILITATION TECH INPUT 1.00 EA $0.00 $0.00
SPECIFICATION ON THIS PROJECT HAVE BEEN INPUT
INTO HOUSING DEVELOPER PRO BY.
Ernest Wells
REHABILITATION TECH
ANY QUESTION OR CONCERNS REGUARDING THIS
PROJECT MUST CONTACT REHABILITATION TECH
SIGNED ABOVE AT
817-392-7506-office
817-653-5084-cell
40 ALL PERMITS REQUIRED 1.00 EA $68.00 $68.00
The contractor shall apply for, pay for, obtain and forward
copies of the following indicated permits to the agency:
Plumbing; Electric; HVAC; 68.00 Building;
Zoning; Lead Abatement; Asbestos
Abatement, Environmental concerns.
80 CODES AND ORDINANCES 1.00 EA $0.00 $0.00
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.
90 1 YEAR GENERAL WARRANTY 1.00 EA $0.00 $0.00
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. ^
12D FINAL CLEAN 1.00 EA $0.00 $0.00
Remove from site all construction materials,tools and debris.
Sweep clean all exterior work areas. Vacuum all interior work
areas, removing all visible dust, stains, labels and tags.
Location Total: $68.00
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Spec# Spec Quantity Units unit Price Total Price
Trade; 15 Roofing
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Spec# Spec Quantity Units Unit Price Total Price
Trade: 15 Roofing
4400 ROOFING--GENERAL REQUIREMENTS 1.00 EA $0.00 $0.00
Unless otherwise specified, all material shall match existing as
closely as possible for material,style, color and method of
installation. Seal all edges. Flash&caulk all adjoining su aces
&make weathertight. Replace all flashing, roofing accessories
& nails using rust-resistant material. Install all roofs in one
continuous operation. Protect the house contents at all times
from exposure to the elements.
4490 ROOF SHEATHING 112" 1.00 EA $20.00 $20.00
Install 12' OSB plywood sheathing nailed&'on center.
4580 TEAR OFF AND REROOF SHINGLES 21.00 SQ •$170.00 $3,570.00
Remove and dispose of all roofing &defective sheathing.
Replace any damaged OSB sheets of matching thickness.
Staple new felt paper. Install preformed aluminum, drip edge,
and vent pipe boots. Install a fiberglass asphalt, 3 tab shingle.
Replace all flashing.
4730 ROOF VENTS 3.00 EA $0.00 $0.00
Do not install turbine vents, instead use flat vents and install
whenever possible on the back side of the roof away way from
street view. Replacement location(s)listed in separate drawing
attachment
Location Total: $3,590.00
Unit Total for���Avenue, Unit Priority Repair Program: $3,658.00
Address Grand Total for Avenue: $3,658.00
Bidder:
,e5,._
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/15/2013
DATE: Tuesday, October 15, 2013 REFERENCE NO.: C-26508
LOG NAME: 17PRIORITY REPAIR PROGRAM CONTRACTS
SUBJECT:
Authorize Contracts with Javier Villagomez d/b/a GTO Construction, Anthony Lee Brown and Tonie Walker
Brown d/b/a Camelot Roofing, G.A. Miller Enterprises Inc. d/b/a Glenn's A/C & Heating, IntegrityTexas
Construction Ltd., and Jackey R. Dunn Jr. d/b/a Romance Services, for the Priority Repair Program in a
Combined Amount of$1,100,000.00 for One Year with Four One-Year Renewal Options (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize contracts with Javier Villagomez d/b/a GTO
Construction, Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing, G.A. Miller Enterprises
Inc. d/b/a Glenn's A/C & Heating, IntegrityTexas Construction Ltd., and Jackey R. Dunn Jr. d/b/a Romance
Services, for the Priority Repair Program each for a term of one year in a combined amount of
$1,100,000.00 per year and each with four one-year renewal options.
DISCUSSION:
On May 8, 2012, (M&C G-17589) the City Council adopted the Priority Repair Program to be operated by
the Housing and Economic Development Department. The program is funded through the Community
Development Block Grant and provides the amount up to $5,000.00 of home repairs to qualified low and
moderate income homeowners. The program provides Priority 1 emergency repairs and Priority 2 repairs
of failed household mechanical systems to address health and safety issues, Eligible repairs include gas
Teaks, water leaks, major plumbing problems, inoperable and or hazardous water heaters, lack of primary
heating sources, electrical problems, roofs repairs, heating/air conditioning systems, and unstable,
sagging or rotten bathroom subflooring or ceilings.
REQUEST FOR PROPOSALS ADVERTISEMENT- the Request for Proposals (RFP) was advertised in
the Fort Worth Star-Telegram on May 22, 2013, May 29, 2013, June 5, 2013, June 12, 2013, June 19,
2013 and June 25, 2013. The RFPs consisted of detailed specifications describing the types of services to
be provided including plumbing, electrical, heating and air-conditioning, roofing services and carpentry
services. A total of 380 vendors were solicited from the purchasing database; seven responses were
received. Staff reviewed the submittals, the criteria for selecting the vendors which consisted of cost of
goods and services (best value price), qualifications, experience and capacity. The cost of goods and
services received the highest consideration.
Staff recommends entering into contracts with the following five firms: Javier Villagomez d/b/a GTO
Construction, Anthony Lee Brown and Tonie Walker Brown d/b/a Camelot Roofing, G.A. Miller Enterprises
Inc. d/b/a Glenn's A/C & Heating, IntegrityTexas Construction Ltd., and Jackey R. Dunn Jr. d/b/a Romance
Services, for construction services for the Priority Repair Program, each for a term of one year with four
one-year renewal options for a combined overall amount of $1,100,000.00 per year. All work will be
assigned on a rotating basis to each contractor. No specific amount of work was promised.
Logname: 17PRIORITY REPAIR PROGRAM CO-N7RACTS Page 1 of 2
M/VVBE OFFICE - Except as stated below, the City's MBE goal on this project is 10 percent. Javier
\4||@g0rO*Z d/b/a GTC) Construction is in compliance with the City's BDE Ordinance by committing to 10
percent MBE participation on this project. Additionally, J@vierVi|l@gon0eZ d/b/a GTC> CODatrUCtiVO is a
certified K8/VVBE firm. G.A. Miller Enterprises Inc. d/L/@ Glenn's A/C & Heating is in compliance with the
City's BOE [)rdin@OCa by committing to 10 percent MBE participation on this project. Additionally, G.A.
Miller Enterprises Inc, d/b/8 Glenn's A/C 8' Heating is a certified K8/VVBEfi[OO. |Oteg[ityTexaG Construction
Ltd. is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this
project. Additionally, |Oteg[ityTex@aCoDatructiOn Ltd iS@certified M/VVBEfirnO. JmcheyF|. Dunn Jr. d/b/a
Romance Services is in compliance with the City's B[}E Ordinance by committing to 5 percent MBE
participation on this project. The City's MBE goal on this project is 5 percent. Anthony Lee Brown and
ToOie Walker BnDvVO d/b/@ Camelot F{OOfiOg is 8 roofing firm-, an MBE gO@| was not set for this roofing
San/|ce,
The Priority Repair Program ig available iO ALL COUNCIL [)|STR|CITS.
FISCAL INFORMATION / -
CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget and will be available iO future year budgets, as appropriated, of the Grants Funds.
FUND CENTERS:TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 017206,65OXXX $1,100,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Fernando Costa K5122\
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Joe Cordova (7332)
ATTACHMENTS
1. available funds.PQF (CFVV|nterna|)
2. (CFVV|ntema|)
o: l7PRI()RITY REPAIR PROGRAM CONTRACTS Page 20fZ