HomeMy WebLinkAboutContract 39906-A2 d
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SECOND AMENDMENT TO CITY SLt MI NCB. C)
CONTRACT NO. 39906
WHEREAS, on March 10, 2010, the City of Fort Worth ("City") and Efficient Attic
Systems d/b/a Weatherization Management Group ("Contractor") made and entered into City
Secretary Contract No. 39906 (the "Contract") for Weatherization Assistance Program (:"WAP")
services as approved by the City Council on March 9, 2010 in M&C C-24132 ;
WHEREAS, the Contract provided payment to Contractor for weatherization services
pursuant to a grant received by City from the Texas Department of Housing and Community
Affairs ("TDHCA") under the American Recovery and Reinvestment Act as accepted by the
City Council on June 16, 2009 in M&C C-23598;
WHEREAS, the Contract was for a 1 year term from March 9, 2010 through March 9,
2011 and provided for 2 additional 1 year extensions of the term;
WHEREAS, by mutual agreement of the parties, the Contract was extended for an
additional 1 year term from March 9, 2011 through March 8, 2012;
WHEREAS, the City Council accepted an additional grant from TDHCA for WAP grant
funds on May 10, 2011 in M&C G-17272;
WHEREAS, it is the mutual desire of City and Contractor to amend the Contract to meet
Contract objectives.
NOW, THEREFORE, City, whose address is 1000 Throckmorton St., Fort Worth TX
76102, acting by and through Susan Alanis, its duly authorized Assistant City Manager, and
Contractor, whose address is 5949 Sherry Lane, Street 960 Dallas, TX 75225, acting by and
through Michael Ruff, Manager, do hereby agree as follows:
I.
7. Funding and Payment This section is amended to be and read as follows by amending the
second paragraph as follows:
"Not to Exceed Amount. Contractor understands and agrees that the maximum total
amount payable for the services described herein shall not exceed Two Million One
Hundred Thousand and no/100 Dollars ($2,100,000.00) unless a formal written
amendment is executed by the parties hereto."
OFFICIAL RECORD
CITY SECRETARY
CONTRACT AMENDMENT CSC NO. 39906-A2 Page 1
WAP—Efficient Attic Systems d/b/a Weatherization Management Group FT. WORTH, TX
Rev. 7-15-11
II.
8. Lead Safe Weatherization This section is amended to be and read as follows:
"Contractor shall comply with the requirements of the Environmental Protection Agency
("EPA")including the Lead-Based Paint Renovation, Repair and Painting Program Rule
("RRP Rule"). 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."
III.
22. Public Liability Insurance This section is amended to be and read as follows by
changing the amounts in subsection a):
"INSURANCE
a) The Contractor(s) shall assume all risk and liability for accidents and damages
that may occur to persons or property during the prosecution of the work. The
Contractor(s) shall file with the Housing and Economic Development
Department, Weatherization Assistance Program of the City of Fort Worth, before
the commencement of services, a certificate of insurance documenting the
following required insurance.
i) Statutory Workers' Compensation Insurance and Employer's Liability
Insuran ce at the following limits
• $1,000,000 Each Accident
• $1,000,000 Disease—Policy limit
• $1,000,000 Disease—Each Employee
ii) Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
• $1,000,000 Each Occurrence
• $2,000,000 Annual Aggregate
iii) Auto Liability Insurance shall be provided as follows:
• $250,000 Bodily Injury Per Person Each Accident
• $500,000 Property Damage; or
• $1,00,000 Combined Single Limit Each Accident
iv) Pollution Insurance
• $1,000,000 Each Occurrence"
IV.
All other terms and conditions of City Secretary Contract No. 39906 not amended herein remain
unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by
the parties.
CONTRACT AMENDMENT CSC NO. 39906-A2 Page 2
WAP—Efficient Attic Systems d/b/a Weatherization Management Group
Rev. 7-15-11
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
CONTRACT AMENDMENT CSC NO. 39906-A2 Page 3
WAP—Efficient Attic Systems d/b/a Weatherization Management Group
Rev. 7-15-11
IN WITNESS WHEREOF, the parties hereto have executed three duplicate originals of
this Contract Amendment in Fort Worth, Texas, this p_1 day of J , 2011.
{
ATTEST: CITY O ORT W T
' By:
City Pecreta8r k / ` ' Sus lams, Assistant City Manager
M&C: C-24132 Date: ( /lOYia
APPR VED AS TO FORM AND LEGALITY:
J-...
Assistant City Attorney
Efficient Attic Systems d/b/a Weatherization
Management Group
By:
Michael Ruff, ger
STATE OF TEXAS §
COUNTY OF TARRANT § i C
This instrument was acknowledged before me on ��_� 2011
by Susan Alanis, the Assistant City Manager of the City of Fort Worth, on behalf of the
City of For
;� `? LINDA M.HIRRLINGER
* ae= MY COMMISSION EXPIRES N ARY PUBLIC, STATE CW TEXAS
Febndary 2,2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2011
by Michael Ruff, Manager, Enicient Attic Sy st s d/b/a Weatherization Management
Group . OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH, TX N&AkV BLIC, STATE OF TEXAS
CONTRACT AMENDMENT CSC NO. 39906-A2 Page 4
WAP—Efficient Attic Systems d/b/a Weatherization Management Group SSE
Rev. 7-15-11 �
1'
2014
C `
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/16/2009 -Ord. No. 18674-06-2009
DATE: Tuesday, June 16, 2009 REFERENCE NO.: C-23598
LOG NAME: 17ARRAWAP2009
SUBJECT:
Authorize Application for and Acceptance of Weatherization Assistance Program Grant Funds in an
Amount Not to Exceed $13,710,235.00, Authorize Related Contracts with the Texas Department of
Housing and Community Affairs,Authorize Application of Indirect Cost Rates, Authorize an Interfund Loan
and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, Weatherization Assistance Program
Grant funds in an amount not to exceed $13,710,235.00 from the Texas Department of Housing and
Community Affairs as part of the American Recovery and Reinvestment Act of 2009;
2. Authorize the City Manager to execute two contracts with TDHCA, as follows:
Existing Sub-recipient Network Pool
$8,026,248.00
Criteria-Based Awards for Entities with Populations Exceeding 75,000 $5.683,987.00
TOTAL $13,710,235.00
3. Authorize the City Manager, or his designee,to amend, extend or renew the contracts in accordance
with City policies and regulations upon mutual agreement with the Texas Department of Housing and
Community Affairs;
4. Apply indirect cost rates as applicable,for the Grants Fund, in accordance with the City's Administrative
Regulations;
5. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount
of$100,000.00 for interim financing of these grant programs pending contract execution; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by$13,710,235.00 subject to receipt of the grants.
DISCVISSIQN:
The Texas Department of Housing and Community Affairs (TDHCA)announced the expected distribution
and use of the Weatherization Assistance Program (WAP)which the United States Department of Energy
(DOE) is providing to the State of Texas from the American Recovery and Reinvestment Act of 2009
(ARRA). Texas WAP funding under the ARRA is available both to existing WAP providers and cities
whose populations exceed 75,000(based on the 2000 Census) as well as other participants. Both grants
under this program will serve households who qualify by income and earn no more than 200 percent of the
Federal Poverty Income Guidelines as defined by the United States Department of Health and Human
Services.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=11904&print=true&DocType°Print 6/22/2009
T
Page 2 of 2
The City has operated the WAP for low—income residents since 1982 with grants from the TDHCA .The
City is eligible to participate in this new program based on both €ts population and as an existing sub-
recipient. It is applying for both grants in order to maximize weatherization services to home owners.
Weatherization measures include attic insulation,weather-stripping, caulking,window and door repairs
and/or replacement, and other minor repairs. This program allows the expenditure of up to$6,500.00 per
house. Housing and Economic Development Department staff will target 1,500 houses. Contractors will
not be paid until their work is inspected by Housing and Economic Development Department inspectors.
Administrative costs are restricted to five percent of the grants based on the total allowable expenditures
for the WAP.
Interim financing from the General Fund is requested in order to meet the staff costs from the date of
award of grants till the execution of the contracts.
The program is available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund. Upon execution of the grant contracts, interim funding will be
returned to the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
(3))GR76 220001 00=030.3WQ $N QQM- M GG01 la 76 Q-QD Oao 100,000.00
(3))GR76 220001 000200384000 $50,000.00
(2)) GR76 488954 017200383000 $8,026,248.00
f21)GR76_5 $8,026,248.00
A(V RIOUS) 017200383010
(2))GR76 488954 017200384000 $5,683,987.00
(2)) GR76 5 $5,683,987,00
(VARIOUS) 017200384010
CERTIFICATIONS:
Submitted for City Manager's Office by: Thomas Higgins (6140)
Originating Department Head: Jay Chapa (6192)
Benedict George (7339)
Additional Information Contact: Donald Cager (7313)
ATTACHMENTS
1. 17ARRAWAP2009 AO.doc (Public)
2. DOCOOI.pdf (CFW Internal)
http://apps,cfwnet.org/ecounc1Uprintmc.asp?id=I 1904&print---true&DocType=Print 6/22/2009
M&C - Council Agenda Pagel of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/9/2010
DATE: Tuesday, March 09, 2010 REFERENCE NO.: C-24132
LOG NAME: 17WAP DOE ARRA VENDOR CONTRACT
SUBJECT:
Authorize Contracts with Multiple Vendors for the Weatherization Assistance Program Grant Funds from
the American Recovery and Reinvestment Act of 2009
RECOMMENDATION:
It is recommended that the City Council:
1) Authorize the City Manager or his designee to execute one year contracts with multiple vendors for the
Weatherization Assistance Program.
2) Authorize the City Manager or his designee to extend or renew the contracts for two additional one-
year terms contingent upon receipt of funding from the Texas Department of Housing and Community
Affairs; and
3) Authorize the City Manager or his designee to amend the contracts if necessary to acheive project
goals provided that the amendment is within the scope of the project and in compliance with City policies
and applicable laws and regulations governing the use of federal funds.
DISCUSSION:
The Weatherization Assistance Program provides for the weatherization of households to benefit the
elderly, disabled and low-income citizens in the Tarrant County service area. Typical weatherization
measures include attic, wall and floor insulation, weather-stripping, caulking, repairs to faulty doors and
windows and performing tune-ups and repairs to heating and cooling units. The maximum allowable
weatherization benefit under this grant is $6,500.00 per household.
The City was notified that it was awarded a total of$12,072,608.00 in Weatherization Assistance Program
grant funds for program services for a two year period to serve 1,500 households. These grant funds are
provided under the American Recovery and Reinvestment Act of 2009 through the Texas Department of
Housing and Community Affairs (TDHCA).
In order to spend these dollars in a timely manner, the City issued an Request For Proposals (RFP) to
solicit contractors to perform weatherization services. The RFP was advertised in the Fort Worth Star-
Telegram on October 14, 2009 and October 21, 2009. One hundred fifty-three vendors were solicited from
the purchasing database system. Nineteen responses were received and the panel selected ten vendors.
Staff recommends entering into a Weatherization Services Contract with the following vendors:
Atlas Star Energy/A Cooler House
Efficient Attic Systems d/b/a Weatherization Management Group
E3 Solutions, LLC
Diversified Building Contractors
Glenn's A/C & Heating
GTO Construction
http://apps.cfwnet.org/ecounciI/printmc.asp?id=13203&print=true&DocType=Print 7/19/2011
M&C - Council Agenda Page 2 of 2
"integrity Texas Construction Inc.
KB Remodeling
Standard Renewable Energy, LP
Mills Efficient Home, Inc.
Work will be assigned on a rotation basis to each vendor. At this time the total amount of the contracts
will be limited to $6,036,304.00 due to the partial funding of the grant. The remaining contract amounts will
be available contingent upon subsequent TDHCA funding.
RENEWAL OPTIONS -These contracts may be renewed for up to two additional one-year terms at the
City's option. This action does not require specific City Council approval.
MWBE-All 10 selected vendors are in compliance with the City's MWBE Ordinance by committing to 20
percent D/MWBE participation. The City's goal for this program is 20 percent. Three of the 10 selected
vendors, Glenn's A/C & Heating, GTO Construction and Integrity Texas Construction Inc., are certified
D/M/WBEs.
The program is available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76___53910 017200384.020 $3_545,833.00
GR7.6 539120017200384020 $2 490,471.00
CERTIFICATIONS:
Submitted for City_Manager's-Office y Thomas Higgins (6192)
Originating_Department_Head: Jay Chapa (5804)
Additional Information Contact: Joe Cordova (7332)
ATTACHMENTS
1. Available funds_17WAP_DOE ARRA VENDOR CONTRACT.doc (CFW Internal)
2. MWBE Contract Complaince Memor_andu_m.pdf (CFW Internal)
3. Weatherization Assistance Program_Services RFP 09 0207.pdf (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13203&print=true&DocType=Print 7/19/2011
'&C- Council Agenda
Pagel of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/10/2011 - Ordinance No. 19680-05-2011
DATE: Tuesday, May 10, 2011 REFERENCE NO.: G-17272
LOG NAME: 17WAP ARRA CONTRACT AMENDEMENT
SUBJECT:
Authorize Acceptance of an Additional $1,500,000.00 in Grant Funds for the Low Income Weatherization
Program from the Texas Department of Housing and Community Affairs, Authorize Related Contract
Amendment and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept an additional grant of$1,500,000.00 from the Texas Department
of Housing and Community Affairs for the Low Income Weatherization Program;
2. Authorize the City Manager or his designee to execute Amendment No. 1 to City Secretary Contract
No. 40820 with the Texas Department of Housing and Community Affairs to accept the additional grant
funds and extend the term of the contract to February 28, 2012;
3. Authorize the City Manager or his designee to amend, extend or renew necessary contracts or other
related documents in accordance with City policies and applicable state and federal regulations upon
mutual agreement with the Texas Department of Housing and Community Affairs; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by$1,500,000.00, subject to receipt of the grant.
DISCUSSION:
The City has operated the Weatherization Assistance Program (WAP)funded by grants from the Texas
Department of Housing and Community Affairs (TDHCA) since 1982. The grant program serves low-
income residents in Tarrant County, primarily the elderly and persons with disabilities, by weatherizing
their houses. Weatherization measures include attic insulation, weather-stripping, caulking, repairs to
doors, windows and other minor repairs. This program allows the expenditure of up to$6,500.00 per
house.
In 2009, the City applied for and was awarded $12,896,008.00 in WAP grant funds from the TDHCA
funded by the American Recovery and Reinvestment Act of 2009 to serve qualified households that earn
no more than 200 percent of the Federal Poverty Income guideless (M&C C-23598). City Secretary
Contract No. 40820 with TDHCA for the grant was scheduled to expire on August 31, 2011. TDHCA
announced that it will amend current contracts with the City to provide additional funding of$1,500,000.00
and extend them through February 28, 2012.
Approximately 220 additional households will be targeted by the Housing and Economic Development
Department(HED)with the additional funding. Contractors will not be paid until their work is inspected by
HED inspectors. Administrative costs are restricted to five percent of the grant based on the total
allowable expenditures for the WAP.
The program is available in ALL COUNCIL DISTRICTS.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15024&print=hue&DocType=Print 5/11/2011
M&C;'- Council Agenda Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance,funds will be available in the current operating
budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 488954 017200383000 $1,500,000.00
GR76 5(VARIOUS) 017200383010 $ 500.000_00
CERTIFICATIONS:
Submitted for City Manager's Office by_ Susan Alanis (8180)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Joe Cordova (7332)
ATTACHMENTS
1. 17WAP ARRA CONTRACT AMENDEMENT A011 Rev doc (Public)
2. ARRA M&C 2009.pdf (CFW Internal)
3. DOE ARRA Contract#664.pdf (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15024&print=true&DocType=Print 5/11/2011