HomeMy WebLinkAboutContract 30328 INTER-OFFICE MEMORANDUM
TO: Dale Fisseler, Acting Assistant City Manager
FROM: Jerome C. Walker, Housing Diredto t° �
SUBJECT: Lead Hazard Contracts ��``
DATE: 7/27/2004
CC: A.L.E.R.T. File
Please review the attached contract executed by GTO Construction for the Lead Remediation at
4317 Lorin, Fort Worth, TX 76105. Please execute the contract where indicated. After signing,
please call Maria Saenz at 817.392.7377 to pick up the contract. Let me know if there are any
questions regarding this matter. You may also contact Carl Wagner at 817.392.7374.
Thank you.
Jerome C. Walker
ms
CITY OF FORT WORTH
A.L.E.R.T.
(Area Lead Education Reduction and Training Program)
A Lead Hazard Control Program
NOTICE TO PROCEED
Project Address: 4317 Lorin Fort Worth, 7X 76105
To: Javier Gomez
Company Name: GTO Construction
Address: 5016 Glen Park
Telephone#: 817-819-0609 or 817-819-0608
Fax ## None available
From: City of Fort Worth— A.L.E.R.T. Program
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Dear Mr. Gomez:
This is your Notice to Proceed Order to conduct Lead-Reduction activities(s) of single family
home at 4317 Lorin Fort Worth, TX 76105 will commence on 07/19/2004 and will end on
08/19/2004. The total not to exceed cost is in the amount of $7,242.00. Any changes to this
Notice to Proceed should be addressed in writing to the Director or his designee for approval,
prior to executing those changes.
If you have any questions, please do not hesitate to contact the office.
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ontractor Sign ure Date
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CITY SECRETARY
CONTRACT NO. 0
LEAD HAZARD CONTROL CONTRACT
PROJECT NAME: A.L.E.R.T.
(Area Lead Education, Reduction and Training)
LEAD-BASED PAINT HAZARD CONTROL PROGRAM
PROJECT NO.: 04-0000111(M
STATE OF TEXAS
COUNTY OF TARRANT
This CONTRACT for lead hazard reduction ("CONTRACT") is between the CITY OF
FORT WORTH (the "CITY"), a Texas home rule municipal corporation, acting by and through its
duly authorized Assistant City Manager, and GTO Construction, a Texas sole proprietorship
("CONTRACTOR"), acting by and through Javier Gomez, its Owner and CONTRACTOR'S duly
authorized representative. (Sometimes CITY and CONTRACTOR are hereinafter referred to
individually as a"Party" and collectively as the "Parties").
CITY has received certain funds from the U.S. Department of Housing and Urban
Development ("HUD") under Sections 1012 and 1013 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, which is Title X of the Housing and Community Development Act of 1992,
as amended (the "Community Development Act") for utilization in connection with its Lead Based
Paint Hazard Control Program ("LBPHCP");
WHEREAS, the CITY'S HOUSING DEPARTMENT ("HOUSING DEPARTMENT") with
the approval of the CITY COUNCIL ("CITY COUNCIL"), has adopted a budget for such funds and
has included therein an expenditure of funds for its LBPHCP (the"A.L.E.R.T. Project");
WHEREAS, the HOUSING DEPARTMENT is the designated CITY department responsible
for the administration and monitoring of the A.L.E.R.T. Project and all matters pertaining to it; and,
WHEREAS, the HOUSING DEPARTMENT wishes to engage CONTRACTOR to perform
lead-based paint hazard control work for the A.L.E.R.T Project under the terms and conditions more
particularly described in this CONTRACT.
NOW THEREFORE, the Parties agree as follows:
I. DEFINITIONS
1.1 For purposes of this CONTRACT, in addition to the definitions and references set forth
throughout this CONTRACT, the following terms shall have the meanings indicated.
(A) "Business Day" — Every day of the week, except Saturdays, Sundays and those
scheduled holidays officially adopted and approved by the CITY COUNCIL for CITY
employees.
(B) "Certificate of Final Completion"— Certificate issued by the Director of the HOUSING
DEPARTMENT that certifies that all work for a particular real property and the
improvements located thereon has been completed under the terms of this
CONTRACT.
(C) "Governmental Authority"—Any and all courts, boards, agencies, commissions, offices
or authorities of any nature whatsoever for any governmental unit (federal, state,
county, district, municipal or otherwise), whether now or hereafter in existence
(D) "Homeowner" — The owner(s) of the real property and the improvements located
thereon.
(E) "Legal Requirements" — (i) Any and all present and future judicial decisions, statutes,
rulings, rules, regulations, permits, certificates or ordinances of any Governmental
Authority in any way applicable to CONTRACTOR, the Community Development
Act, the A.L.E.R.T. Project or the Property, including, without limitation, the
ownership, use, construction, rehabilitation, development, occupancy, possession,
operation, maintenance, alteration, repair or reconstruction thereof, (ii) any and all
covenants, conditions and restrictions contained in any deed or other form of
conveyance or in any other instrument of any nature that relate in any way or are
applicable to the Property or the ownership, use, construction, occupancy, possession,
operation, maintenance, alteration, repair or reconstruction thereof, (iii)
CONTRACTOR'S presently or subsequently effective bylaws and articles of
incorporation or partnership, limited partnership, joint venture, trust or other form of
business association agreement, if any; (iv) any and all leases related to the Property,
(v) other contracts, whether written or oral, of any nature that relate in any way to the
Property or the Project and to which CONTRACTOR may be bound.
(F) "Occupant Protection Plan" - The measures and management procedures that will be
taken during the lead-based paint hazard control work and all related activities to
protect the occupants of the Property from exposure to any lead-based paint hazards.
(G) "Project" — the lead-based paint hazard control work and all related activities to be
performed on the Property by CONTRACTOR.
(H) "Property" — the real property and improvements located thereon as more particularly
described in the deed to HOMEOWNER, commonly known as 4317 Lorin Fort
Worth, TX 76105.
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(I) "Subcontractor" — Any person, firm or corporation that has a direct contract, whether
oral or written, with CONTRACTOR to perform any portion of the Project or to
provide materials or equipment to be incorporated into the Project.
(J) "Work" — All labor necessary to complete the Project required by the Work Write-Up,
and all materials and equipment incorporated or to be incorporated in the Project during
the course of such lead-based paint hazard control work.
(K) "Work Write-Up" — Any specifications, plans and drawings required by the CITY and
the itemized list of all work approved by the CITY, together with any change orders
approved by the CONTRACTOR, the Homeowner and the CITY.
II. TERM
2.1 Except as otherwise provided for herein, this CONTRACT shall commence immediately upon
its execution and shall terminate on the earlier of(a) 60 days, or(b) Project completion.
III. RESPONSIBILITIES
3.1 CONTRACTOR hereby accepts the obligation to perform in a satisfactory and efficient
manner, as solely determined by CITY, all services and activities required of it in this
CONTRACT.
3.2 No later than execution of this CONTRACT, CONTRACTOR shall designate in writing a
representative responsible for the management of all matters pertaining to this CONTRACT.
3.3 The Director of the HOUSING DEPARTMENT or his or her designate shall be CITY'S
representative responsible for the administration of this CONTRACT.
3.4 Communications between CITY and CONTRACTOR shall be directed to the designated
representatives of each as set forth in paragraphs 3.2 and 3.3.
IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
4.1 CONTRACTOR understands and acknowledges that funds provided to it pursuant to this
CONTRACT are funds that have been made available to CITY by HUD under its Lead-Based
Paint Hazard Control Program and in accordance with City's HUD-approved Grant
Application along with other specific assurances made by CITY. CONTRACTOR, therefore,
promises that it will comply with all the requirements of the Community Development Act and
its related regulations. CONTRACTOR understands and acknowledges that the Community
Development Act or its related regulations do not constitute a complete compilation of all
duties imposed upon CONTRACTOR by law or administrative ruling, nor do they limit the
standards that CONTRACTOR must follow. Therefore, CONTRACTOR understands that if
the regulations promulgated pursuant to the Community Development Act and/or the Lead-
Based Paint Hazard Control Program are amended or revised, it shall comply with them or
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otherwise immediately notify CITY pursuant to the provisions of Article XXXV of this
CONTRACT.
4.2 CONTRACTOR understands that summaries of certain compliance requirements mandated by
applicable federal laws or regulations are contained in Housing Department Rehabilitation and
Development Division Specification 101 and in the U.S. Department of Housing and Urban
Development, Lead Paint Safety (Field Guide), copies of which have previously been provided
to CONTRACTOR, and that CONTRACTOR must at all times remain in compliance
therewith. CONTRACTOR further understands that said summaries are intended only as such
and in no way are meant to constitute a complete compilation of all duties imposed upon
CONTRACTOR by law or administrative ruling, or to limit or narrow the standards which
CONTRACTOR must follow.
4.3 CONTRACTOR warrants that all contractors and subcontractors receiving funds in connection
with this Project are familiar with, and shall comply with, any and all applicable rules and
regulations pertaining to HUD'S Lead-Based Paint Hazard Control Program and that a copy of
the U.S. Department of Housing and Urban Development, Lead Paint Safety (Field Guide) will
be included as part of every contract awarded in connection with this Project.
4.4 CONTRACTOR shall observe and comply with all city, state and federal laws, regulations,
ordinances and codes affecting CONTRACTOR's operations pursuant to this CONTRACT.
V. LEGAL AUTHORITY
5.1 CONTRACTOR represents, warrants, assures and guarantees that it possesses full legal
authority, to enter into this CONTRACT and to perform all of its responsibilities required
hereunder.
5.2 CONTRACTOR'S designated representative that executes this CONTRACT on
CONTRACTOR'S behalf represents, warrants, assures and guarantees that he or she has full
legal authority to execute this CONTRACT on behalf of CONTRACTOR and to bind
CONTRACTOR to all terms, performances and provisions herein contained.
5.3 In the event that a dispute arises as to either CONTRACTOR'S legal authority to enter into
this CONTRACT or the legal authority of CONTRACTOR'S designated representative that
executes this CONTRACT on behalf of CONTRACTOR, CITY shall have the right, at its
option, to either temporarily suspend or terminate this CONTRACT. Should CITY
temporarily suspend or terminate this CONTRACT pursuant to this paragraph, however,
CONTRACTOR shall be liable to CITY for any money it has received from CITY for
performance of any of the provisions hereof.
VI. MAINTENANCE OF EFFORT
6.1 CONTRACTOR agrees that the funds and resources provided to it under the terms of this
CONTRACT shall in no way be substituted for funds and resources provided from other
sources, nor shall such funds and resources in any way serve to reduce the funds,-resources,
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services, or other benefits which would have been available to, or provided through
CONTRACTOR had this CONTRACT not been executed.
VII. PERFORMANCE BY CONTRACTOR
7.1 CONTRACTOR, in accordance and compliance with the terms, provisions and requirements
of this CONTRACT, and for each Property specified by CITY shall manage, perform and
provide all of the activities and services set forth in the Work Write-Up, attached hereto and
incorporated herein for all purposes as Exhibit"A", to CITY'S satisfaction.
7.2 Modifications or alterations to the Work Write-Up may be made only pursuant to the prior
written approval of the HOUSING DEPARTMENT Director or his or her designate.
7.3 The Work to be performed hereunder shall commence and end on the date specified in the
Notice to Proceed that is issued by CITY for the Property.
7.4 CONTRACTOR shall procure a state certified supervisor or project designer to prepare the
Occupant Protection Plan.
7.5 All services performed hereunder shall be performed by certified lead firm and certified lead
personnel, certified to perform lead-based paint activities in accordance with Sections 295.205-
211 of the Texas Environmental Lead Reduction Rules.
7.6 CONTRACTOR shall ensure that all Work performed hereunder shall be performed in
accordance with Section 295.212-214 of the Texas Environmental Lead Reduction Rules.
CITY reserves the right to have personnel removed from the Project who are not performing
their services in a workmanlike and professional manner, and in accordance with Texas
Environmental Lead Reduction Rules.
7.7 If CONTRACTOR observes that the Work Write-Up is at variance with applicable laws, rules,
ordinances, and/or regulations bearing on the conduct of the work, it shall promptly notify the
HOUSING DEPARTMENT in writing.
7.8 Notwithstanding paragraph 7.7 hereinbove, if CONTRACTOR performs Work that it knows or
reasonably should know is contrary to or varies from any applicable law, rule, ordinance,
and/or regulation, and does not have written approval from the Texas Department of Health or
the CITY to conduct such variance, the CONTRACTOR shall bear all costs and damages
arising therefrom.
7.9 Upon completion of the Work, CONTRACTOR shall perform a visual inspection and sample
wipe analysis of the Property to ensure that the Property is cleared of all surplus material,
hazard, waste, refuse dirt and rubbish resulting from the Work performed hereunder.
7.10 If performance by CONTRACTOR is delayed as a direct result of riot, insurrection, fire, act of
God, or operation of law, the CONTRACTOR shall notify CITY in writing of the delay and
the reasons therefore within three (3) calendar days following the start of the delay, and upon
written approval by CITY, CONTRACTOR shall extend the allotted time for completion of
the Work by one (1) calendar day for each day lost.
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VIII. REIMBURSEMENT BY CITY
8.1 In consideration of CONTRACTOR's performance of its obligations in a satisfactory and
efficient manner as determined solely by CITY, CITY agrees to reimburse CONTRACTOR
for all eligible expenses incurred hereunder. Such reimbursements, however, shall be in
accordance with the Work Write-Up and shall be subject to any and all limitations and
provisions set forth in this Article and in Article IX hereunder.
8.2 Notwithstanding any other provision of this CONTRACT, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the sum of one hundred
thousand and no/100 dollars ($100,000.00).
8.3 It is expressly understood and agreed by CITY and CONTRACTOR that CITY'S obligations
under this Article are contingent upon the actual receipt of adequate LBPHCP funds to meet
CITY'S liabilities hereunder. Should CITY not receive funds to make payments pursuant to
this CONTRACT or should fund awards be reduced, CITY shall notify CONTRACTOR in
writing within a reasonable time after such fact has been determined and may, at its option,
either terminate this CONTRACT or reduce the amount of its liability accordingly.
8.4 It is expressly understood by CITY and CONTRACTOR that this CONTRACT in no way
obligates CITY'S general fund monies or any other monies or credits of CITY.
8.5 CITY shall not be liable for any CONTRACTOR cost, or portion thereof, which:
(A) Has been paid, reimbursed or is subject to payment or reimbursement from another
source;
(B) Was incurred prior to the commencement date or subsequent to the termination date of
this CONTRACT specified in Article II hereinabove;
(C) Is not in strict accordance with the terms of this CONTRACT, including all exhibits
attached hereto;
(D) Has not been billed to CITY within thirty (30) calendar days following billing to
CONTRACTOR, or termination of this CONTRACT, whichever is earlier; or
(E) Is not an allowable cost as defined by the Work Write-Up.
8.6 City shall not be liable for any CONTRACTOR cost, or portion thereof, which is or was
incurred in connection with an activity of CONTRACTOR where:
(A) Prior written authorization from CITY is required for the activity and such
authorization was not first procured; or
(B) CITY has requested that CONTRACTOR furnish data concerning such activity prior to
proceeding further and CONTRACTOR nonetheless proceeds without first submitting
the requested data and receiving CITY approval.
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8.7 CITY shall not be obligated or liable under this CONTRACT to any party, other than
CONTRACTOR, for payment of any monies or provision of any goods or services.
IX. RECEIPT, DISBURSEMENT AND ACCOUNT
OF FUNDS BY CONTRACTOR
9.1 CONTRACTOR understands and agrees that it shall maintain a separate numbered account for
the receipt and disbursement of all funds received pursuant to the CONTRACT.
CONTRACTOR further agrees that:
(A) Such account shall contain only funds received pursuant to this CONTRACT and that
no other funds shall be mingled therewith;
(B) All checks and withdrawals from such account shall have itemized documentation in
support thereof,
(C) Such account shall be maintained, under conditions approved by CITY, in a financial
institution having federal deposit insurance coverage, with any account balance
exceeding the federal deposit insurance coverage likewise secured; and
(D) Upon CONTRACTOR's written request and solely within the discretion of CITY, an
alternative accounting mechanism may be permitted, provided such alternative adheres
at all times to generally accepted accounting principals.
9.2 Regarding method of payment, CITY and CONTRACTOR agree as follows:
(A) CONTRACTOR shall contact the HOUSING DEPARTMENT to inform it of
completion of Project and schedule signing for the request for payment. The request
for payment form will be provided by the HOUSING DEPARTMENT within three (3)
days of completion of the Project.
(B) CONTRACTOR shall submit to CITY such other reports as may be required by CITY
under this CONTRACT.
9.3 Within ten(10) Business Days of City's written request, CONTRACTOR shall refund to CITY
any sum of money paid by CITY to CONTRACTOR later determined to:
(A) Be an overpayment to CONTRACTOR;
(B) Not to have been spent by CONTRACTOR strictly in accordance with the terms of this
CONTRACT; or
(C) Not supported by adequate documentation to fully justify the expenditure.
9.4 Upon termination of this CONTRACT, should any expense or charge for which payment has
been made be subsequently disallowed or disapproved as a result of any auditing or monitoring
by CITY, HUD, or any other authorized governmental agency, CONTRACTOR shall refund
such amount within five (5) Business Days. Refunds of disallowed or disapproved costs,
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however, shall not be made from funds received pursuant to this CONTRACT or from funds
received from or through the federal government or CITY.
9.5 In the event that the actual amount expended by CONTRACTOR to meet the level of
performance specified in the Work Write-Up, or any amendment thereto, is less than that
amount provided to CONTRACTOR pursuant to this CONTRACT, then CITY reserves the
right to reappropriate or recapture any such under expended funds.
9.6 Utilizing a format approved by CITY, a "Contract Close-Out Package", together with a final
expenditure report, for the period commencing on the date of CONTRACTOR's last invoice
requesting reimbursement of funds pursuant to this CONTRACT, shall be submitted by
CONTRACTOR to CITY within fifteen (15) Business Days following the expiration of the
term of this CONTRACT.
X. SPECIAL CONDITIONS
10.1 CONTRACTOR understands and agrees that notwithstanding Article II hereof, the term of this
CONTRACT does not obligate CITY to provide funds beyond City's fiscal year 2004-2005.
XI. FURTHER REPRESENTATIONS, WARRANTIES AND COVENANTS
11.1 CONTRACTOR further represents and warrants that:
(A) All information, data or reports heretofore or hereafter provided to CITY and relied
upon by it for purposes of this CONTRACT is, shall be and shall remain complete and
accurate as of the date shown on the information, data or report, and that since said date
shown, shall not have undergone any significant change without written notice to
CITY;
(B) Any supporting financial statements heretofore or hereafter provided to CITY are, shall
be and shall remain complete, accurate and fairly reflective of the financial condition of
CONTRACTOR on the date shown on said statements and during the period covered
thereby, and that since said date shown, except as provided by written notice to CITY,
there has been no material change, adverse or otherwise, in the financial condition of
CONTRACTOR;
(C) No litigation or proceedings are presently pending or threatened against
CONTRACTOR;
(D) None of the provisions contained herein contravene or in any way conflict with the
authority under which CONTRACTOR is doing business or with the provisions of
any existing indenture or agreement of CONTRACTOR;
(E) None of the assets of CONTRACTOR are- currently or for the duration of this
CONTRACT anticipated to be subject to any lien or encumbrance of any character,
except for current taxes not delinquent and except as shown in the financial statements
provided by CONTRACTOR to CITY.
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11.3 Each of the foregoing representations, warranties and covenants shall be continuing and
deemed repeated each time CONTRACTOR submits a new request for payment in accordance
with the terms, provision and requirements of this CONTRACT.
XII. MAINTENANCE OF RECORDS
12.1 CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of any funds received pursuant to this CONTRACT.
CONTRACTOR further agrees:
(A) That maintenance of said records shall be in compliance with all terms, provisions and
requirements of this CONTRACT and with all applicable federal and state regulations
establishing standards for financial management; and
(B) That CONTRACTOR's record system shall contain sufficient documentation to
provide in detail full support and justification for each expenditure.
12.2 CONTRACTOR agrees to retain, for the period of time and under the conditions specified by
CITY, all books, records, documents, reports, and written accounting polices and procedures
pertaining to the operation of programs and expenditures of funds under this CONTRACT.
XIII. ACCESSIBILITY OF RECORDS
13.1 At any reasonable time and as often as CITY may deem necessary, CONTRACTOR shall
make all of its records available to CITY, HUD, or any of their authorized representatives, and
shall permit CITY, HUD, or any of their authorized representatives to audit, examine, and
make excerpts and/or copies of same. CONTRACTOR's records shall include,but shall not be
limited to, the following: payroll, personnel and employment records; contracts; and invoices.
XIV. PERFORMANCE RECORDS AND REPORTS
14.1 As often and in such form as CITY may require, CONTRACTOR shall furnish CITY such
performance records and reports as deemed by CITY as pertinent to matters covered by this
CONTRACT.
14.2 As of the commencement date of this CONTRACT, CONTRACTOR agrees to gather
information and data relative to all programmatic and financial reporting.
XV. MONITORING AND EVALUATION
15.1 CITY shall perform on-site monitoring of CONTRACTOR'S performance pursuant to the
terms of this CONTRACT.
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15.2 CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities so as to
ensure compliance by CONTRACTOR with this CONTRACT, the Community Development
Act, the Work Write-Up, the program assurances and certifications executed by CITY (if
applicable), and with all other laws, regulations and ordinances related to the performance
hereof.
15.3 CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and
maintenance of record-keeping systems and to provide CITY with any data determined by
CITY to be necessary for its effective fulfillment of its monitoring and evaluation
responsibilities.
15.4 CONTRACTOR agrees that it will cooperate with CITY in such a way so as not to obstruct or
delay CITY in its monitoring of CONTRACTOR's performance and that it will designate one
of its staff to coordinate the monitoring process as requested by CITY.
15.5 After each official monitoring visit, CITY shall provide CONTRACTOR with a written report
of monitoring findings.
15.6 Copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or
regulatory bodies shall be submitted to CITY within five (5) Business Days of receipt thereof
by CONTRACTOR.
XVI. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
16.1 CONTRACTOR shall comply with all applicable local, state and federal equal employment
opportunity and affirmative action rules, regulations and laws.
16.2 So that CITY can investigate compliance with local, state and federal equal employment
opportunity and affirmative action rules, regulations and laws, CONTRACTOR shall furnish to
CITY any and all information and reports requested by CITY, and shall permit access by CITY
of any and all of its books, records and accounts.
16.3 In the event of non-compliance by CONTRACTOR (or CONTRACTOR's Sub-contractors)
with local, state and federal equal employment opportunity and affirmative action rules,
regulations and laws, this CONTRACT may be canceled, terminated, or suspended by CITY,
in whole or in part, and CONTRACTOR may be barred from further contracts with CITY.
XVII. NONDISCRIMINATION
17.1 This CONTRACT is made and entered into with reference specifically to Chapter 17, Article
III, Division 3 ("Employment Practices"), of the Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents,
contractors or Subcontractors, have fully complied with all provisions of same and that no
employee, participant, applicant, contractor or Subcontractor has been discriminated against
according to the terms of such CITY Ordinance by Seller, its employees, officers, agents,
contractors or Subcontractors herein.
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XVIII. CONFLICT OF INTEREST
18.1 CONTRACTOR covenants that neither it nor any member of its governing body or of its staff
presently has any interest, direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed under this CONTRACT.
CONTRACTOR further covenants that in the performance of this CONTRACT, no persons
having such interest shall be employed or appointed as a member of its governing body or of
its staff.
18.2 CONTRACTOR further covenants that no member of its governing body or of its staff shall
possess any interest in, or use their position for, a purpose that is or gives the appearance of
being motivated by desire for private gain for themselves or others, particularly those with
which they have family, business, or other ties.
18.3 No member of CITY'S governing body or of its staff who exercises any function or
responsibility in the review of approval of the undertaking or carrying out of this CONTRACT
shall:
(A) Participate in any decision relating to this CONTRACT which may affect his or her
personal interest or the interest of any corporation, partnership, or association in which
he or she has a direct or indirect interest;
(B) Have any direct or indirect interest in this CONTRACT or the proceeds thereof.
18.4 CONTRACTOR acknowledges that it has been informed that the CITY Charter and CITY
Ethics Code prohibit a CITY officer or employee, as those terms are defined in the Ethics
Code, from having a financial interest in any contract with the CITY or any CITY Agency
such as city owned utilities. An officer or employee has a "prohibited financial interest" in a
contract with the CITY or in the sale to the CITY of land, materials, supplies or services, if any
of the following individual(s) or entities is party to the contract or sale: a CITY officer or
employee; his or her parent, child or spouse; a business entity in which the officer or employee
or his or her parents, child or spouse owns ten (10) percent or more of the voting stock or
shares of the business entity, or ten (10) percent or more of the fair market value of the
business entity; or a business entity in which any individual or entity above listed is a
subcontractor on a CITY contract, a partner or a parent or subsidiary business entity.
18.5 CONTRACTOR warrants and certifies, and this CONTRACT is made in reliance thereon, that
it, its officers, employees and agents are neither officers nor employees of the CITY.
CONTRACTOR further warrants and certifies that is has tendered to the City a Discretionary
Contracts Disclosure Statement in compliance with the CITY'S Ethics Code.
XIX. POLITICAL ACTIVITY
19.1 None of the performance rendered hereunder shall involve, and no portion of the funds
received hereunder shall be used, either directly or indirectly, for any political activity
including, but not limited to, an activity to further the election or defeat of any candidate for
public office or for any activity undertaken to influence the passage, defeat or final content of
local, state or federal legislation.
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XX. PUBLICITY
20.1 When appropriate, as determined by and upon written approval of CITY, CONTRACTOR
shall publicize the activities conducted by CONTRACTOR pursuant to the terms of this
CONTRACT. In any news release, sign, brochure, or other advertising medium disseminating
information prepared or distributed by or for CONTRACTOR, however, mention shall made
of HUD funded CITY participation having made the Project possible.
XXI. PUBLICATIONS
21.1 All published materials and written reports submitted pursuant to this CONTRACT shall be
originally developed unless otherwise specifically provided for herein. If material not
originally developed is included in a report, however, said material shall have its source
identified, either in the body of the report or by footnote, regardless of whether the material is
in a verbatim or extensive paraphrase format.
21.2 All published materials submitted pursuant to this Project shall include the following reference
on the front cover of title page:
"This document was prepared in accordance with the City of Fort Worth's Lead Based Paint
Hazard Control Program (A.L.E.R.T. Project), with funding received from the United States
Department of Housing and Urban Development."
XXII. RIGHTS TO PROPOSAL AND CONTRACTUAL MATERIAL
22.1 All finished or unfinished reports, documents, data, studies, surveys, charts, drawings, maps,
models, photographs, designs, plans, schedules, or other appended documentation to any
proposal or contract, and any responses, inquiries, correspondence and related material
submitted by CONTRACTOR, shall, upon receipt, become the property of CITY.
XXIII. DEBARMENT CLAUSE
23.1 CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from participation in this
CONTRACT by HUD or any other federal department or agency.
XXIV. SUB-CONTRACTING
24.1 Any other clause of this CONTRACT to the contrary notwithstanding, none of the work or
services covered by this CONTRACT shall be sub-contracted without the prior written
approval of CITY. Any work or services approved for sub-contracting hereunder, however,
shall be sub-contracted only by written contract or agreement and, unless specific waiver is
granted in writing by CITY, shall be subject by its terms to each and every provision of this
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CONTRACT. Compliance by Subcontractors with this CONTRACT shall be the
responsibility of CONTRACTOR.
24.2 CONTRACTOR shall ensure that all Subcontractors are certified, reputable and competent.
24.3 CONTRACTOR shall provide to CITY copies of all certificates of its employees,
Subcontractors, and their employees who will be performing work which requires a certificate
under the Texas Environmental Lead Reduction Rules. Such certification shall provide the
name of the certified worker and the certificate number.
24.4 CONTRACTOR agrees that no subcontract approved pursuant to this CONTRACT shall
provide for payment on a"cost plus a percentage of cost"basis.
24.5 Despite CITY approval of a subcontract, CITY shall in no event be obligated to any third
party, including any Subcontractor of CONTRACTOR, for performance of work or services,
nor shall CITY funds ever be used for payment of work or services performed prior to the date
of CONTRACT execution or extending beyond the date of CONTRACT termination.
XXV. CHANGES AND AMENDMENTS
25.1 Except when the terms of this CONTRACT expressly provide otherwise, any alterations,
additions, or deletions to the terms hereof shall be by amendment in writing executed by both
CITY and CONTRACTOR.
25.2 Whenever and as often as deemed necessary by CITY, CITY may request and require changes
to CONTRACTOR's Work Write-Up. Changes as requested or required by CITY, however,
must be by written amendment and may incorporate increases to the terms, provisions and
conditions of this CONTRACT.
25.3 Except pursuant to (a) prior submission by CONTRACTOR of detailed information regarding
budget and Project revisions and (b) prior written approval thereof by CITY, CONTRACTOR
shall neither make transfers between or among line items set forth in the Work Write-Up.
Instead, CONTRACTOR shall request Work Write-Up revisions in writing and in a form
prescribed by CITY; such request for revisions, however, shall not increase the total monetary
obligation of CITY as provided for pursuant to this CONTRACT, nor shall said revisions
significantly change the nature, intent, or scope of the Project funded hereunder.
25.4 In the event that the level of funding for CONTRACTOR or for the Project is altered,
CONTRACTOR shall submit, immediately upon request by CITY, a revised Work Write-Up
and Project information so as to enable re-evaluation by CITY of the original funding levels set
forth in the original Work Write-Up.
25.5 It is understood and agreed by the Parties that changes in applicable local, state and federal
rules, regulations or laws may occur during the term of this CONTRACT and that any such
changes shall be automatically incorporated into this CONTRACT without written
amendment, and shall become a part of this CONTRACT as of the effective date of the said
rule, regulation or law.
13
25.6 CONTRACTOR agrees to notify CITY in writing of any proposed change in physical location
for Work to be performed pursuant to the terms of this CONTRACT. Such notice shall be
provided by CONTRACTOR to CITY at least thirty (30) calendar days in advance of the
proposed change.
XXVI. SUSPENSION OF FUNDING
26.1 Upon determination by CITY of CONTRACTOR's failure to timely and properly perform
pursuant to the provisions of this CONTRACT, CITY, without limiting or waiving any rights it
may otherwise have, may, at its discretion and upon five (5) Business Days' written notice to
CONTRACTOR, withhold further payments to CONTRACTOR. City's notice shall
specifically set forth CONTRACTOR'S default or failure as well as the action required for
cure.
26.2 The period of funding suspension shall be of such duration as is appropriate to accomplish
corrective action, but in no event shall it exceed thirty (30) calendar days. Upon expiration of
the suspension period:
(A) Should CITY determine that the default or deficiency has been cured, CONTRACTOR
may be restored to full compliance status and paid all eligible funds withheld during the
suspension period; or
(B) Should CITY determine continued non-compliance, the provisions of Article XXVII
hereunder may be effectuated.
XXVII. TERMINATION
27.1 "Termination" of this CONTRACT shall mean termination by expiration of the CONTRACT
term or earlier termination pursuant to any of the provisions hereof.
27.2 CITY may terminate this CONTRACT for any of the following reasons:
(A) Neglect or failure by CONTRACTOR to perform or observe any of the terms,
conditions, covenants or guarantees of this CONTRACT or of any written contract or
amendment between CITY and CONTRACTOR;
(B) Termination or reduction of funding of the A.L.E.R.T. Project by HUD;
(C) Failure by CONTRACTOR to cure, within the period prescribed pursuant to
the above Article XXVI of this CONTRACT, any default or deficiency which was the
basis for said suspension of funding;
(D) Finding by CITY that CONTRACTOR:
(1) Is in such unsatisfactory financial condition as to endanger performance under
this CONTRACT, including, but not limited to:
14
(a) The apparent inability of CONTRACTOR to meet its financial obligations;
(b) Items that reflect detrimentally on the credit worthiness of CONTRACTOR,
including, but not limited to, liens, encumbrances, and the like on the assets of
CONTRACTOR.
(2) Has allocated inventory to this CONTRACT substantially exceeding reasonable
requirements; or
(3) Is delinquent, in the ordinary course of business, in the payment of state or
federal taxes or in the payment of costs of performance of this CONTRACT;
(E) Appointment of a trustee, receiver or liquidator for all or a substantial part of
CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement
of or liquidation proceedings by or against CONTRACTOR;
(F) The entry by a court of competent jurisdiction of a final order providing for the
modification or alteration of the rights of CONTRACTOR'S creditors;
(G) Inability by CONTRACTOR to conform to changes in local, state and federal rules,
regulations and laws as provided for in Article IV and in paragraph number 25.5 of this
CONTRACT;
(H) Violation by CONTRACTOR of any rule, regulation or law to which CONTRACTOR
is bound under the terms of this CONTRACT; and
(1) Failure to complete the Project in accordance with the completion date set forth in the
Notice to Proceed issued by CITY to CONTRACTOR.
27.3 CITY may terminate this CONTRACT for convenience at any time after which
CONTRACTOR shall be paid an amount not to exceed the total accrued expenditures as of the
effective date of termination. In no event, however, will compensation to CONTRACTOR
exceed an amount which bears the same ratio to the total compensation as the services actually
performed by CONTRACTOR bears to the total services required of CONTRACTOR, less
payments previously made.
27.4 CONTRACTOR may terminate this CONTRACT for any of the following reasons:
(A) Cessation of outside funding upon which CONTRACTOR depends for performance
hereunder; or
(B) Upon the dissolution of CONTRACTOR'S organization, provided such dissolution was
not occasioned by a breach of this CONTRACT.
27.5 Upon a decision to terminate by either CITY or CONTRACTOR, written notice of such, and
the effective date thereof, shall be immediately provided to the other Party.
27.6 Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise
terminate any outstanding orders or subcontracts that relate to the performance of this
CONTRACT. To this effect, CITY shall not be liable to CONTRACTOR or
15
CONTRACTOR's creditors for any expense, encumbrances or obligations whatsoever
incurred after the date of termination.
27.7 Upon receipt of notice to terminate, all finished or unfinished documents, data, studies,
surveys, charts, drawings, maps, models, photographs, designs, plans, schedules, or other
appended documentation to any proposal or contract, prepared by or on behalf of
CONTRACTOR under this CONTRACT shall, at the option of CITY, and in accordance with
Article XXII, become the property of CITY and shall, if requested by CITY, be delivered by
CONTRACTOR to CITY in a timely and expeditious manner.
27.8 Within thirty (30) days after receipt of notice to terminate, CONTRACTOR shall submit a
statement to CITY indicating in detail the services performed under this CONTRACT prior to
the effective date of termination.
27.9 Any termination of this CONTRACT as herein provided shall not relieve CONTRACTOR
from the payment of any sum(s) that shall then be due and payable or become due and payable
to CITY hereunder or as provided for at law or in equity, or any claim for damages then or
therefore accruing against CONTRACTOR hereunder or by law or in equity, and any such
termination shall not prevent CITY from enforcing the payment of any such sum(s) or claim(s)
for damages from CONTRACTOR. Instead, all rights, options, and remedies of CITY
contained in this CONTRACT shall be construed and held to be cumulative and no one of
them shall be exclusive of the other, and CITY shall have the right to pursue any one or all
such remedies or any such other remedy or relief which may be provided by law or in equity
whether or not stated in this CONTRACT.
27.10 Should this CONTRACT be terminated by either party hereto for any reason, including
termination under Section 27.3 of this CONTRACT, if the work required hereunder of
CONTRACTOR is not fully competed to the satisfaction of CITY in accordance with the
terms of this CONTRACT, CONTRACTOR shall refund any and all sums of money paid by
CITY to CONTRACTOR within ten (10) Business Days of City's written request thereof.
27.11 Upon termination of this CONTRACT by CITY under paragraph number 27.2(A),
CONTRACTOR shall be barred from future CONTRACTS with CITY absent the express
written consent of the City Manager of CITY, or his or her designate.
XXVIII. NOTIFICATION OF ACTION BROUGHT
28.1 In the event that any claim, demand, suit, proceeding, cause of action or other action
(hereinafter collectively referred to as "claim") is made or brought against CONTRACTOR,
CONTRACTOR shall give written notice thereof to CITY within two (2) Business Days after
it being notified. CONTRACTOR's notice to CITY shall state the date and hour of
notification to CONTRACTOR of the claim; the names and addresses of those instituting or
threatening to institute the claim, the basis of the claim; and the name(s) of any others against
whom the claim is being made or threatened. Written notice pursuant to this Article shall be
delivered either personally or by mail in accordance with Article XXXV of this CONTRACT.
16
XXIX. ASSIGNMENTS
29.1 CONTRACTOR shall not transfer, pledge or otherwise assign this CONTRACT, any interest
in and to same, or any claim arising thereunder, without first procuring the written approval of
CITY. Any attempt at transfer, pledge or other assignment shall be void ab initio and shall
confer no rights upon any third person.
XXX. SEVERABILITY OF PROVISIONS
30.1 If any clause or provision of this CONTRACT is held invalid, illegal or unenforceable under
present or future federal, state or local laws, including but not limited to the CITY Charter,
CITY Code, or CITY ordinances, then and in that event it is the intention of the Parties that
such invalidity, illegality or unenforceability shall not effect any other clause or provision
hereof and that the remainder of this CONTRACT shall be construed as if such invalid, illegal
or unenforceable clause or provision was never contained herein; it is also the intention of the
Parties that in lieu of each clause or provision of this CONTRACT that is invalid, illegal, or
unenforceable, there be added as a part of the CONTRACT a clause or provision as similar in
terms to such invalid, illegal or unenforceable clause or provision as may be possible, legal,
valid and enforceable.
XXXI. RENEWAL NOT AUTOMATIC
31.1 Funding under this CONTRACT and any amendments or waivers that may be made or granted
hereunder shall not be automatically renewed on the anniversary date of this CONTRACT. To
the contrary, funding of any project requiring contract execution shall be provided only upon
approval of the CITY COUNCIL.
XXXII. NON-WAIVER OF PERFORMANCE
32.1 No waiver by CITY of a breach of any of the terms, conditions, covenants or guarantees of this
CONTRACT shall be construed or held to be a waiver of any succeeding or preceding breach
of the same or any other term, condition, covenant or guarantee herein contained. Further, any
failure of CITY to insist in any one or more cases upon the strict performance of any of the
covenants of this CONTRACT, or to exercise any option herein contained, shall in no event be
construed as a waiver or relinquishment for the future of such covenant or option. In fact, no
waiver, change, modification or discharge by either Party of any provision of this CONTRACT
shall be deemed to have been made or shall be effective unless expressed in writing and signed
by the Party to be charged.
32.2 No act or omission of CITY shall in any manner impair or prejudice any right, power,
privilege, or remedy available to CITY hereunder or by law or equity, such rights, powers,
privileges, or remedies to be always specifically preserved hereby.
32.3 No representative or agent of CITY may be waive the effect of the provisions of this Article.
17
XXXIII. ENTIRE AGREEMENT
33.1 This CONTRACT constitutes the final and entire agreement between the Parties and contains
all of the terms and conditions agreed upon by them. No other agreements, oral or otherwise,
regarding the subject matter of this CONTRACT shall be deemed to exist or to bind the Parties
unless same be in writing, dated subsequent to the date hereof, and duly executed by the
Parties.
XXXIV. INTERPRETATION
34.1 In the event any disagreement or dispute should arise between the Parties pertaining to the
interpretation or meaning of any part of this CONTRACT or its governing rules, regulations,
laws, codes or ordinances, CITY, as the Party ultimately responsible to HUD for matters of
compliance, shall have the final authority to render or secure an interpretation.
XXXV. NOTICES
35.1 For purposes of this CONTRACT, all official communications and notices among the parties
shall be deemed sufficient if in writing and mailed, registered or certified mail, postage
prepaid, to the addresses set forth below:
CITY:
Jerome C. Walker, Director
Housing Department
1000 Throckmorton St.
Fort Worth, Texas 76102
CONTRACTOR:
Javier Gomez
GTO Construction
5016 Glen Park
Fort Worth TX 76119
Notice of changes of address by either Party must be made in writing delivered to the other
Party's last known address within five (5) business days of such change.
XXXVI. PARTIES BOU]VD
36.1 This CONTRACT shall be binding on and inure to the benefit of the Parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns, except
as otherwise expressly provided herein.
18
XXXVII. GENDER
37.1 Words of gender used in this CONTRACT shall be held and construed to include the other
gender, and words in the singular number shall be held to include the plural, unless the context
otherwise requires.
XXXVHI. RELATIONSHIP OF PARTIES
38.1 Nothing contained herein shall be deemed or construed by the Parties or by any third party, as
creating the relationship of principal and agent, partners, joint venturers or any other similar
such relationship between the parties hereto.
XXXIX. TEXAS LAW TO APPLY
39.1 THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE PARTIES
CREATED HEREUNDER ARE PERFORMABLE IN TARRANT COUNTY, TEXAS.
XL. LIQUIDATED DAMAGES
40.1 CONTRACTOR and CITY recognize that time is of the essence of this CONTRACT and that
CITY will suffer financial loss if the Project is not completed within the times specified in the
Notice to Proceed (hereinafter "NTP"). The Parties also recognize the delays, expense, and
difficulties in proving in a legal proceeding the actual loss suffered by CITY if the Project is
not completed on time. Accordingly, instead of requiring such proof, CITY and
CONTRACTOR agree that as liquidated damages for delay only, and not as a penalty,
CONTRACTOR shall pay CITY $100.00 for each day that expires after the time specified in
the NTP and shall continue to pay such amount until the Project is completed.
XLI. FAILED CLEARANCES
41.1 CONTRACTOR shall be held responsible for all costs associated with re-testing, which
includes but is not limited to wipe samples (at cost not to exceed $25.00 per sample) and
consultant's time (at cost of$75.00 per hour, if a consultant is retained), due to failure to clear
Project of all lead hazards.
XLII. CAPTIONS
42.1 The captions contained in this CONTRACT are for convenience of reference only, and in no
way limit or enlarge the terms and/or conditions of this CONTRACT.
19
CITY OF FORT WORTH HOUSING DEPARTMENT
INDEMNIFICATION AND RELEASE STATEMENT
To the extent permitted by law, CONTRACTOR assumes entire responsibility and liability for
losses, expenses, demands, and claims in connection with or arising from any injury, or alleged
injury (including death) to any person, or damage, or alleged damage to property sustained or
alleged to have been sustained in connection with or to have arisen from or resulting from the
performance of services or operations by CONTRACTOR, and including losses, expenses, or
damages sustained by CITY, its agents, representatives, and employees from any and all such losses,
expenses, damages, demands, and claims, and agrees to pay the cost to defend any suit or action
brought against them, or any of them, based on any such alleged injury or damage, and to pay all
damages, costs, and expenses in connection with or resulting therefrom.
CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS
the CITY and its officers, employees, volunteers and representatives, individually or collectively,
from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties,
proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including
but not limited to, personal or bodily injury, death and property damage, made upon the CITY
directly or indirectly arising out of, resulting from or related to CONTRACTOR'S activities under
this CONTRACT, including any acts or omissions of CONTRACTOR, any agent, officer, director,
representative officers, agents, employees, directors and representatives while in the exercise of
performance of the rights or duties under this CONTRACT. The indemnity provided for in this
paragraph shall not apply to any liability resulting from the negligence of CITY, its officers or
employees.
The provisions of this indemnification are solely for the benefit of the Parties and not
intended to create or grant any rights, contractual or otherwise, to any other person or entity.
CONTRACTOR shall promptly advise the CITY in writing of any claim or demand against
the CITY or CONTRACTOR known to CONTRACTOR related to or arising out of
CONTRACTOR'S activities under this CONTRACT.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
20
RELEASE
Contractor agrees to and shall release CITY, its agents, employees, officers, and legal representative
from any liability arising out of the sole and/or concurrent negligence of the CITY for injury, death,
damage or loss to persons or property sustained in connection with or incidental to performance
under this CONTRACT, even if the injury, death, damage, or loss is caused by the CITY'S sole or
concurrent negligence and /or the CITY'S strict products liability or strict statutory liability.
CONTRACTOR
By: 1 c7
Auth ' ed Representative Date
EXECUTED this the day of ' 2004.
CITY OF FORT WORTH,TEXAS GTO CONSTRUCTION
C
By:
Dale Fisseler Javi Gomez
Acting Assistant City Manager Owntt
APPROVED AS TO FORM: ATTESTED BY
Assistant Ci Attorney
Y
Attachments:
Exhibit "A"Work Write-Up
21
.... Ink.
UNIT DESCRIPTION
HOUSING
DEVELOPER
IM P - n K0
Ilousing Construction and
Project.vtanagement k>ft vare 06 /22/2004
Project: 4317 Lorinllt
Address: 4317 Lorin 70 10 S
Unit Name: 4317 Lorin
Unit Type: Single-Family Dwelling
Occupant: Samuel Donald
Phone: 817-
Number of Bedrooms: 3
Number of Floors: 1
Number of Rooms: 6
Square Feet: 1,200
/Z/
r�J
r�f
J
HOU IN
SPECS BY LOCATION/TRADE
DEVII.OPER
•P•R•O •
, .• 06/22/2004
Project: 4317LORIN Address: 4317 Lorin Unit: 4317 Lorin
Location: 1 General Requirements
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0004.1 BID GRAND TOTAL 1 .00 GR
Grand total for all trade/location bids.
0014.1 CONTRACTOR ACCEPTS SCOPE OF WORK 1 .00 DU
The undersigned contractor certifies that he/she
has carefully reviewed & agrees to perform the
work described in this Work Write Up (WWU) with
the "Date Inspected" date of &
referred to as Exhibit 1. The contractor shall initial
& date each page of the WWU.
x
Contractor Date
0015.1 REHAB TECH ACCEPTS SCOPE OF WORK 1 .00 DU
The undersigned Rehab Tech certifies that he/she
has participated in the development of this Work
Write Up (WWU) with the "Date Inspected" date of
and referred to as Exhibit 1.
After careful review, the Rehab Tech has provided
this WWU to potential contractors for bid
consideration and/or to the homeowner for review.
x
Rehab Tech
Date
0024.1 MANUFACTURER'S SPECS PREVAIL 1 .00 GR
All materials shall be installed in full accordance
with the manufacturer's specifications for working
conditions, surface preparation, methods,
protection and testing.
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
•P•R•O
06/22/2004
Project: 4317LORIN Address: 4317 Lorin Unit: 4317 Lorin
Location: 1 General Reauirements
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0031.1 CONSTRUCTION DEFINITIONS 1.00 GR
"Install" means to purchase, set up, test and
warrant a new component. " Replace" means to
remove and dispose of original material, purchase
new material, deliver, install, test and warrant.
."Repair" means to return a building component to
like new condition through replacement,
adjustment and recoating of parts. "Reinstall"
means to remove, clean, store and install a
component.
0034.1 LINE ITEM BREAKDOWN 1 .00 DU
The apparent winning bidders shall provide the
owner with a line item cost breakdown within 3
working days of a request.
0035.1 VERIFY QUANTITIES/MEASUREMENTS 1 .00 GR
All measurements (i.e SF of Drywall, or those
provided w/ drawings) are for the contractor's
convenience prior to a mandatory site inspection
to verify all dimensions. All quantities (i.e.number
of window units) are as stated. No claim for
additional funds due to discrepancies in
measurements or quantities shall be honored if
not submitted at the time of the initial proposal.
0040.1 ALL PERMITS REQUIRED 1 .00 AL
The contractor shall apply for, pay for, obtain and
forward copies of the following indicated permits to
the agency: Plumbing; Electric;
HVAC; Building; Zoning;
Lead Abatement; Asbestos
Abatement, Environmental concerns.
0060.1 JOB BEHAVIOR 1.00 OR
The following behaviors in any worker shall not be
permitted and may result in the terminiation of the
contract for cause: swearing, drinking alcoholic
beverages on site and racist remarks.
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
P R O
06/22/2004
Project: 4317LORIN Address: 4317 Lorin Unit: 4317 Lorin
Location: 1 General Rea uirements
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0077.1 NEW MATERIALS REQUIRED 1.00 GR
All materials used in connection with this work
write-up are to be new, of first quality and without
defects - unless stated otherwise or pre-approved
by Owner and Rehab Tech.
0078.1 WORKMANSHIP STANDARDS 1 .00 GR
All work shall be performed by mechanics both
licensed and skilled in their particular trade as well
as the tasks assigned to them. Workers shall
protect all surfaces as long as required to
eliminate damage.
00.80.1 CODES AND ORDINANCES 1 .00 GR
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.
0085.1 CLOSE-IN INSPECTIONS REQUIRED 1 .00 EA
Call the Rehab Tech for inspection of all work that
will be concealed from view before it is closed in.
This type of inspecion frequently includes, but is
not limited to footings, roof sheathing & flashing
prior to installation of new felt & shingles, and
repaired framing & decking prior to installation of
undedayment & floor coverings.
0090.1 1 YEAR GENERAL WARRANTY 1 .00 DU
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.
HOUSING! SPECS BY LOCATION/TRADE
DEVELOPER
•P•R•O •
06/22/2004
'+..-.3•r ~4i Si _ i� _ ..,n�.3'.s?` __r. Oji-- ^J.;,T 1 *^' br as•-. 5nwt.i-L.
Project: 4317LORIN Address: 4317 Lorin Unit: 4317 Lorin
Location: 1 General Reauirements
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 1 General Requirements
0121.1 FINAL CLEAN FOR LEAD 1.00 GR
Remove from site all construction materials, tools
and debris. Sweep clean all exterior work areas.
After completion of all rehabilitation using safe
work practices and interim controls perform a final
clean. Wet mist, fold and remove all containment
plastic. Remove plastic from floors last. HEPA
vacuum all visible surfaces including clothing,
furniture, walls, floors and ceilings from the top
down of interior work areas, removeing all visible
dust, stains, labels and tags. Detergent scrub all
horizontal surfaces in small sections using a
3-bucket cleaning system. Completely rinse with
clean water and new supplies. after surface is
dry, HEPA vacuum all viisible surfaces except
ceiling. Clean all windows referenced in
specifications.
Trade: 9 Environmental Rehab
9000.1 LEAD SAFE WORK PRACTICES 1.00 GR
On the work items flagged as "interim controls" or
as requiring "lead safe work practices", workers
must use lead safe work practices per 24 CFR
35-1350. These practices are represented in the
"Lead Safety Field Guide" (Lead Paint Safety: A
Field Buide for Painting, Home Maintenance, and
Renovation Work) published by HUD,EPA, and
DCD as HUD Publication approved Lead Safe
Work Practices class. Work disturbing lead-based
paint is not considered complete until clearance, if
required, is achieved. `~ - _
HOUSINGSPECS BY LOCATION/TRADE
DEVELOPER
. p.R mal
w 06/22/2004
Project: 4317LORIN Address: 4317 Lorin Unit: 4317 Lorin
Location: 1 General Reauirements
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9003.1 LEAD ABATE, STAND & GUIDELINES 1.00 GR
The work performed shall comply with state,
federal and local laws. rules, requlations and
guidelines for lead-based paint removal for
residential structures. Procedures and equipment
required during the course of lead-based paint
removal must be in accordance with EPA 40 CFR
part 745, HUD 24 CFR Part 35, 29 CFR 1926.62
and Texas Department of Health Environmental
Lead Reduction rules. Paint chips and waste
associate with lead-based paint removal must be
disposed of in compliance with Environmental
protection Agency (EPA), State, and local
requlations, reules, and laws.
9053.1 LEAD WORKER -- PROTECTION 1 .00 DU
Persons carrying out lead hazard control activities
must comply with all applicable federal, state, local
laws and regulations related to safety in the
workplace including respiratory protection
program, personal pro- tective clothing, medical
surveillance, manda- tory training and all other
requirements of OSHA lead construction standard
(29 CFR 1926. 62).
9056.1 PROTECTIVE CLOTHING 1 .00 EA
Each abatement worker shall be provided with
disposable, hooded, footed overalls during
demolition, surface preparation, and paint removal
activities. Impervious rubber boots, gloves, face
shield, and chemical resistant overalls must be
provided when chemicals are used.
9057.1 WORKER TRAINING 1 .00 AL
All persons carrying out abatement activities must
provide proof of completion of state or EPA model
worker training course in lead hazard
abatement,self protection and safe work practices
prior to comencement of work.
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
06/22/2004
Project: 4317LORIN Address: 4317 Lorin Unit: 4317 Lorin
Location: 1 General Reauirements
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab
9058.1 SUPERVISOR TRAINING 1.00 AL
All persons supervising workers or legally
responsible for job conditions must provide proof
of successfull completion of the state or EPA
model supervisor training course in Lead Hazard
Abatement prior to commencement.
9100.1 WINDOW SITE PREPARATION 1.00 EA
Provide work site preparation and occupant
protection in accordance with Lead-Based Paint
Guidelines when conducting window site work to
avoid Lead-Based Paint Hazards in Housing.
9102.1 POST WARNING SIGN 1.00 EA
Post exterior sign to warn occupants and the
public of hazardous lead conditions.
Bidder: Total:
HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
•P•R •O •
n...ar.�m .•e 06/22/2004
Project: 4317LORIN Address: 4317 Lorin Unit: 4317 Lorin
Location: 2 Exterior
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 9 Environmental Rehab tt��
9456.1 WINDOW-VINYL SLIDING/DUAL GLAZED 14.00 .EA aV
Remove existing wood window & parting bead &
dispose. Wet scrape interior & exterior casing, sill,
stool, frame & associated trim. Prime sill with top
quality oil based primer. Prime and paint all
scraped areas, color as selected by Owner. Field
measure, fabricate & install a dual glazed, thermal
break, vinyl sliding repl. window incl. all necessary
painting, caulk, trim & screen. Manufacturer to be
Louisiana-Pacific or approved.
9625.1 PREP EXTERIOR FOR PAINTING 1 ,500.00 SF
Wet scrape to remove loose paint. Wash, rinse
and HEPA vacuum all visible chips and dust to
prepare surface for painting. (INTERIM
CONTROLS) Lead based paint is present on the
component or components named in this
Specification. Use Lead Safe Work Practices as
described in Spec. #9000 and #9001 above. �D l
9752.1 SOD 00 SF /
Mow lawn area using a bagging mower and
dispose of waste. Rototill to a depth of 6".
Fertilize with starter blend and sod. Water to
saturation.
"Front yard only
Bidder: Total:
(HOUSING SPECS BY LOCATION/TRADE
DEVELOPER
P•R •O •
06/22/2004
-
Project: 4317LORIN Address: 4317 Lorin Unit: 4317 Lorin
Location: 3 LivinaRoom
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 20 Floor Coverings
5970.1 CARPET AND PAD 22.00 SY �
Install FHA approved, nylon, plush carpet over a
1/2" medium density rebond pad w/ a minimum of
seams. Stretch carpet to eliminate puckers,
scallops & ripples. Include tackless strips, metal
edge strips, and mending tape to cover entire floor
including closets. On stairs, fasten carpet and pad
at top and bottom of each riser. Carpet and pad
material allowance $12.50/sy. Owner's choice of in
stockcolor and pattern.
Bidder: Total:
_ HOUSINGSPECS BY LOCATION/TRADE
DEVELOPER.
p-R-0.I
06/22/2004
I'b�..�t`. .•.a- _ _ .-T 3. Iti.'.f, .-.: -� = _ •.mow►'+ =- iti1='�': -''-�`�t-�'�a _�`�.c1•` - �. .w..h.. F..,
Project: 4317LORIN Address: 4317 Lorin Unit: 4317 Lorin
Location: 4 Kitchen
Spec Unit Total
Number Spec Quantity Units Price Price
Trade: 20 Floor Coverings ll
5930.1 UNDERLAY & VINYL SHEET GOODS 132.00 SF 1,,30
Install 5/16" underlayment grade plywood, using
7d screw shank or cement coated nails, 6" on
center allowing a 1/4" gap at wall. Install 070"
thick, backed vinyl sheet goods w/ minimum
seams, per manufact. recommendations. Caulk
edges of vinyl w/clear silicone caulk to create
positive seal. Install metal edge strips in openings
& SK molding or 4' v' yl b s around perimeter.
Bidder: f Total:
r
l t�tZ ff _
197