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Home My WebLink AboutContract 47047 CITY, COW Al� h I CITY OF FORT WORTH JOB ORDER CONTRACT(JOC) SERVICES CONTRACT LEAD-SAFE PROGRAM This Contract, made and effective as of the last date 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 VILLAGOMEZ D/B/A GTO CONSTRUCTION, authorized to do business in the State of Texas ("Contractor"). City and Contractor may be referred to herein individually as a Party and collectively as the Parties. WITNESSETH: That for and in consideration of the payments and agreements to be performed by the City, Contractor hereby agrees with City to commence and complete the Job Order Contract Services described herein. ARTICLE 1. DEFINITIONS "Abatement" means a measure or set of measures designed to permanently eliminate lead- based hazards or lead-based paint. Abatement strategies include the removal of lead-based paint, Enclosure, Encapsulation, replacement of building components coated with lead-based paint, removal of lead-contaminated dust, and removal of lead-contaminated soil or overlaying of soil with a durable covering such as asphalt(grass and sod are considered Interim Control measures). All of these strategies require preparation; cleanup; waste disposal; post-Abatement clearance testing; recordkeeping; and, if applicable, monitoring. "Building Code" means the City's Building Code as amended from time to time. "Building Permit" means any permit received from the City's Planning and Development Department to perform the Work on a Housing Unit. "Business Diversity Enterprise Ordinance" or "BDE" means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. "CDBG" means Community Development Block Grant. "CDBG Regulations" means regulations found at 24 CFR Part 570 et seq. "Contract Documents" means, collectively, this document, the Job Order, the General Conditions Attachment A, the RFP and Contractor's Response to the RFP, and all other Attachments and other documents that are attached or incorporated herein by reference. "Contractor Personnel" means employees, staff or subcontractors employed or hired by Contractor to perform Work under this Contract. "Encapsulation" means any covering or coating that acts as a barrier between lead-based paint and the environment, the durability of which relies on adhesion and the integrity of the existing bonds between multiple layers of paint and between the paint and the substrate. "Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate to act as a barrier between the lead-based paint and the environment. LEAD-SAFE PROGRAM CONTRACT Page 1 Javier Villagomez d/b/a GTO Construction �� ( �� Fe^ f September 2015 C 0,173 "EPA" means the United States Environmental Protection Agency. "EPA's Renovation, Repair and Paint Rule" or "RRP Rule" means 40 CFR Part 745, as amended from time to time. "Housing Unit" means a residential unit occupied by a household eligible for services under the City's Lead-Safe Program and includes the real property on which the Housing Unit is located. "Interim Controls" means a set of measures designed to temporarily reduce human exposure or possible exposure to lead-based paint hazards. Such measures include, but are not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, and the establishment and operation of management and resident education programs. Monitoring, conducted by owners, and reevaluations, conducted by professionals, are integral elements of Interim Control. Interim Controls include dust removal; paint film stabilization; treatment of friction and impact surfaces; installation of soil coverings, such as grass or sod; and land use controls. Interim Controls that disturb painted surfaces are renovation activities under EPA's Renovation, Repair and Painting Rule. "HUD" means the United States Department of Housing and Urban Development. "HUD Guidelines" means the U.S. Department of Housing and Urban Development Guidelines for the Evaluation of Lead-Based Paint Hazards in Housing, Second Edition, July 2012, as may be amended from time to time. "Job Order Contract" or "JOC"" is a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity governing agreement for the Work("Project"). "Job Order" means an itemized list of the Work which contains sufficient detail to determine quantities and quality, and the time for performance. It 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 Attachment B. "Lead Safe Housing Rule" means the regulations found at 24 CFR Part 35 subparts B-R. "Owner" means the owner of the Housing Unit to be abated. "Request for Proposals" or "RFP" means the Request for Proposals for Lead Demonstration Grant RFP No. 15-0134 issued February 16, 2015. "Texas Environmental Lead Reduction Rule" or "TELRR" means 25 TAC 295.201-220, as amended from time to time. "Work" means the Interim Control measures, Encapsulation, Enclosure, cleaning, Abatement and/or services on a Housing Unit required by a Job Order and the Contract Documents, whether completed or partially completed, and which includes all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract Documents ARTICLE 2. SCOPE OF SERVICES A. Contractor agrees to provide the City with lead hazard control and construction management services for the purpose of identifying and controlling lead-based paint LEAD-SAFE PROGRAM CONTRACT Page 2 Javier Villagomez d/b/a GTO Construction September 2015 hazards in a Housing Unit. Activities shall include but not be limited to Abatement, Interim Control efforts, rehabilitation, and clearance. All Work shall be performed in accordance with the TELRR, the HUD Guidelines, the Lead-Safe Housing Rule and any other applicable HUD and EPA regulations regarding lead-based paint work practices. B. Contractor acknowledges that the Project is assisted in whole or in part with CDBG funds and that any Job Order and the Work shall be performed in accordance with CDBG requirements, including the requirements of the CDBG Regulations as more particularly set out in Attachment A. C. Contractor shall do everything required by the Contract Documents for each Job Order including furnishing all of the labor, materials and equipment necessary to perform the Work. All Work shall be performed by workers qualified for the activities according to HUD's Lead Safe Housing Rule, and who are trained and certified by the Texas Department of State Health Services, Environmental Lead Branch. D. 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 laws, 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 it is necessary to modify this Contract to comply with the Building Code, then the Parties shall execute a written modification. E. 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. Such repair or replacement of Work shall be completed within 2 working days from written notification of the need for such repair or replacement by City. If the Work fails to pass final inspection, Contractor will be responsible for any fees associated with the re-inspection or an additional clearance test, such as testing of dust wipes, as well as any other fees or costs resulting from the failure of the Work to pass final inspection. Such costs may include the cost of lodging or any other additional relocation expenses for the Housing Unit's occupants. F. Contractor shall not solicit or contract with occupants or Owners to perform additional work on the Housing Unit for minimum of 6 months after the Work is complete. G. Contractor shall be responsible for moving furniture and/or safe storage of the occupants' furniture and personal belongings if necessary to perform the Work. Contractor is required to provide proof of insurance and adequate, safe storage of the occupant's furniture and personal belongings when applicable for the duration of the Work ARTICLE 3. INSURANCE REQUIREMENTS Contractor shall not commence Work until it has obtained all insurance coverage described in Attachment A and proof of such coverage has been received and approved by City. ARTICLE 4. TIME OF COMPLETION City shall provide Contractor a written Notice to Proceed for each Job Order which states a date for commencement and a 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 the completion date. The time for completion of the Work is an essential element of this Contract. LEAD-SAFE PROGRAM CONTRACT Page 3 Javier Villagomez d/b/a GTO Construction September 2015 Contractor acknowledges that failure to complete the Work within the stated number of calendar days may result in suspension or 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 of the expenditure of$852,250.00 or 1 year from the Effective Date (the "Expiration Date"), if not terminated sooner or extended as described below. No Job Order shall be issued after the Expiration Date. However, any Job Order with Work still in progress, Contractor's obligation to cure or remedy defective Work, and Contractor's warranty and indemnification obligations shall survive the Expiration Date or earlier termination of this Contract. This Contract shall be renewable at the City's option, and upon Contractor's written acceptance, for up to 4 additional one-year terms. If City exercises its option to renew, it will do so by providing written notice to Contractor at least 10 calendar days prior to the Expiration Date. If City exercises a renewal option, the additional term shall be deemed to include this option provision as well as all other terms, conditions and price structures of this Contract unless specifically changed or modified in writing executed by the Parties. CONTRACTOR AKNOWLEDGES AND AGREES THAT THERE IS NO GUARANTEE THAT A SPECIFIC DOLLAR AMOUNT WILL BE SPENT UNDER THIS CONTRACT. ARTICLE 6. PAYMENT FOR SERVICES A. City shall pay Contractor for each Job Order based on the prices in Attachment C upon City's acceptance of the completed Work and submission by Contractor of a detailed invoice. B. City shall have the unconditional right to withdraw a Job Order at any time so long as it has not issued a Notice to Proceed. If a 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 yet issued a Notice to Proceed. C. For a Job Order to become effective, it must (1) be signed by City and Contractor, (2) be for a fixed price, lump sum for the Work, (3) be based on the prices in Attachment C, and (4) include a Notice to Proceed. City shall pay Contractor within 30 days of acceptance of Work. D. Contractor will not be compensated for any Work outside of the scope of a Job Order or this Contract that is not authorized by City in writing. ARTICLE 7. LIENS Contractor shall not place a lien on the Housing Unit and will only look to the City for payment for Work. Placement of a lien on a Housing Unit by Contractor or any subcontractor will be grounds for termination of this Contract for cause. ARTICLE 8. PERMITS AND INSPECTIONS Contractor shall apply for all Building Permits 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. LEAD-SAFE PROGRAM CONTRACT Page 4 Javier Villagomez d/b/a GTO Construction September 2015 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 Neighborhood Services Department inspectors to be scheduled. Work must pass final inspection by both Planning and Development Department inspectors for Building Permits and Neighborhood Services Department inspectors for all Contract and federal requirements for the Work. ARTICLE 9. CITY INSPECTION AND ACCEPTANCE OF WORK Inspection and acceptance of any Work shall be as stated in a Job Order in accordance with the Contract Documents. Work must pass visual inspection and/or clearance test as required by federal and state laws and be approved by inspectors from both the Planning and Development Department for Building Permits and the City's Neighborhood Services Department for all Contract and federal and state law requirements. Final inspection may include inspection by the Texas Department of State Health Services, Environmental Lead Branch. City reserves the right to perform inspections of the Work at any time, and any inspections performed by City or by others on behalf of City shall be for City's sole benefit. The presence or absence of a City inspector does not relieve Contractor from any Contract requirement, and no inspector is authorized to change any term or condition of the Job Order or of the Contract Documents without the City's written authorization. Quality control for the Work is the responsibility of Contractor. Contractor shall, without charge, replace or correct Work found by City not to conform to the Job Order or Contract requirements unless City consents to accept the Work with an appropriate adjustment in the Job Order price. ARTICLE 10. WARRANTY OF CONSTRUCTION AND MATERIALS Contractor shall warrant that Work conforms to the Job Order and is free of any defect in material, design furnished, or workmanship performed by the Contractor or any of its design professionals, subcontractors or suppliers at any tier. All Work shall be warranted for a minimum of 1 year from the date of final acceptance of the Work. All repairs or replacement shall be at no cost or charge to City or the Owner or occupant, whether or not the materials are guaranteed by the manufacturer or supplier. The warranty shall not be construed to limit or in any way modify any warranties or guarantees placed upon any materials, fixtures or devices by their manufacturers, or any components for which a longer period of warranty is required in this Contract. Contractor shall furnish the Owner with all manufacturers' and suppliers' written guarantees, warranties and operating instructions covering materials furnished under this Contract, together with any documentation required for validation. ARTICLE 11. DELAYS AND EXTENSION OF TIME Contractor may be granted an extension of time because of change orders, 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. Any additional expenses incurred because of Contractor error as deemed by City in its sole discretion, including but not limited to, additional occupant relocation expenses and clearance sampling analysis, will be paid by Contractor. ARTICLE. 12. SUBCONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREAS LEAD-SAFE PROGRAM CONTRACT Page 5 Javier Villagomez d/b/a GTO Construction September 2015 For procurement contracts $50,000.00 or larger, Contractor agrees to abide by City's policy to involve Minority Business Enterprises ("MBE") and Small Business Enterprises ("SBE") and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement $50,000.00 or larger, and will further require all persons or entities with which it so contracts to comply with said ordinance. Contractor acknowledges the MBE goals established for this Contract and Contractor's 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 not less than 3 years. THE MBE GOAL FOR THIS CONTRACT IS 10%. Analysis of whether such MBE goal is met will be measured on an aggregate basis for the entire term of the Contract. Contractor is responsible for contacting the City's M/WBE Office to obtain lists of certified MBE firms in order to meet this goal. The MBE firm(s) must be located or doing business in the City's geographic market area at the time of the issuance of al Job Order. The City's geographic market includes Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. The MBE firm(s) must also be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency or the Texas Department of Transportation Highway Division. Contractor shall deliver the monthly MBE reports and supporting documentation to the M/WBE Office which will verify that payments have been made to MBE subcontractors on each completed Job Order. On Job Orders that extend over 30 days in duration, the M/WBE Office will verify that payments have been made to the MBE subcontractors for work in-place. In addition, it is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs") as defined by federal statutes and regulations. Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. ARTICLE 13. RELATIONSHIP OF PARTIES 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 of, and the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Contractor, its officers, agents, employees and subcontractors, and the doctrine of respondent 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 form or manner, be considered a third party beneficiary of this Contract. Each Party shall be solely responsible for the fulfillment of its own contracts or commitments. LEAD-SAFE PROGRAM CONTRACT Page 6 Javier Villagomez d/b/a GTO Construction September 2015 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 occur 3 or more times: a. Contractor fails to provide adequate supervision at the Housing Unit. b. Contractor fails to obtain appropriate permits and inspections. c. Contractor fails to meet all safety requirements in Attachment A. d. Contractor fails to correct deficient work within 2 days as required in Article 2. e. Contractor fails to comply with any term of the Contract Documents. 2. City shall provide Contractor written notice of each occurrence in which Contractor has failed to comply with the terms of this Contract. After Contractor has been sent 3 written notices, 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 rendered 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. C. Termination for Cause 1. City may terminate this Contract for cause for Contractor's default, failure or inability to perform, failure to comply with any of the terms herein, 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 date of termination if the default is not cured. 3. If Contractor has not cured the default by the date specified, 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 of termination. D. Termination does not terminate any 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 Contract, the rights and remedies contained herein are not exclusive, but are cumulative of all rights and remedies which exist now or in the future. ARTICLE 16. WAIVER LEAD-SAFE PROGRAM CONTRACT Page 7 Javier Villagomez d/b/a GTO Construction September 2015 r No waiver by either Party of any default or breach of any term, covenant or condition of this Contract shall operate as a waiver of any future breach or other default, whether of a like or different character or nature. ARTICLE 17. SEVERABILITY If any part of this Contract is for any reason found to be unenforceable, all other parts remain enforceable unless the result 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 a part of this Contract for all purposes, 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 shall 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 19. GOVERNING LAW AND VENUE This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Texas. 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. 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 THE 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 LEAD-SAFE PROGRAM CONTRACT Page 8 Javier Villagomez d/b/a GTO Construction September 2015 s 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 UNDER 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. ARTICLE 21. SURVIVAL Contractor shall remain obligated to City under all clauses of this Contract that expressly or by their nature extend beyond termination of this Contract, 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 action, 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 or financial insolvency provision of law. ARTICLE 23. CHANGES AND AMENDMENTS TO LAW Any changes in the terms of this Contract which are required by a change in state or federal law or regulation is automatically incorporated herein effective on the date designated by such law or regulation. Except as otherwise specifically provided herein, any other changes to the terms of this Contract shall be by amendment hereto in writing executed by the Parties. ARTICLE 24. PARAGRAPH HEADINGS FOR REFERENCE ONLY; NUMBER The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When the context requires, singular nouns and pronouns include the plural. ARTICLE 25. CONTRACT CONSTRUCTION The Parties acknowledge that each Party and, if it so chooses, its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. LEAD-SAFE PROGRAM CONTRACT Page 9 Javier Villagomez d/b/a GTO Construction September 2015 ARTICLE 26. CONTRACTOR HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] LEAD-SAFE PROGRAM CONTRACT Page 10 Javier Villagomez d/b/a GTO Construction September 2015 IN WITNESS WHEREOF, City and the Contractor have each executed and dated this instrument through its duly authorized officers or agents in multiple oounterpads, each of which shall be considered an original, but all of which shall constitute one instrument. CONTRACTOR: CITY: JAV|ER V|LLAGOK8EZ OCON Assistant City Manager Dahs: Date By: 4ry Mar J. City Secr�i�ry M&C C-27398 Date: 7/28/2015 APPROVED AS TO FORM AND LEGALITY: By: 9�",jp Senior Assistant City Attorney LEAD-SAFE PROGRAM CONTRACT Page 11 Jevier8'i||a8omnez d/b/o GT(] Construction September 2015 ATTACHMENT A Attachment A GENERAL CONDITIONS LEAD-SAFE PROGRAM I. SCOPE Contractor shall provide all labor, equipment and materials necessary to perform and complete the Work as described in each Job Order. All Work must be performed using Lead Safe Work Practices as defined by HUD and EPA. The services include, but are not limited to, Abatement, Encapsulation, Interim Controls, Enclosure, and specialized cleaning and painting. Words used in this Attachment A shall have the same meaning as in the Contract unless otherwise defined herein. Standard working hours for this Contract 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. 11. 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. Contractor shall execute the Work in a good and workmanlike manner. City shall have the right to have Contractor Personnel removed from the job who are not performing their services in a workmanlike manner. B. Contractor certifies that Contractor Personnel are licensed, certified and trained to perform the Work. Contractor shall provide proof of all applicable licenses and certificates for Contractor Personnel and shall maintain all current licenses or certifications for inspection by City at any time during the Term of this Contract. C. Contractor and any subcontractors may not be debarred or suspended from performing work by any local, state or federal agency. If Contractor or any Contractor Personnel have been debarred, suspended or are not properly licensed or certified, this Contract shall automatically terminate. D. City shall have no responsibility or liability to determine the legitimacy, quality, ability or good standing of Contractor Personnel. III. SECURITY AND INDENTIFICATION A. All Contractor Personnel shall be legally authorized to work in the United States of America. If requested, Contractor shall provide 1-9 forms for each individual assigned to the Contract, 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 Contractor Personnel, including driver's license and social security numbers, will be provided to City. The same information shall be provided prior to the assignment of a 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. ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 1 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A IV. 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 by City. 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, felonies or pending criminal hearings will be assigned to perform Work under this Contract. If requested, Contractor shall provide City with copies of background checks on Contractor Personnel. VI. DRUG SCREENING Contractor shall perform drug screenings of all Contractor Personnel and if requested, shall provide certification that all Contractor Personnel are drug free prior to their assignment. Additional drug screening may be requested by City and Contractor shall have such testing performed at Contractor's cost. VII. 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 services and/or goods related to this Contract. Contractor shall carry insurance in the types and amounts for the duration of this Contract as listed below, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof: 1. Commercial General Liability ("CGL") Insurance $1,000,000 Each Occurrence $2,000,000 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 premises/operations, products/completed operations, contractual, personal injury or advertising injury which are normally contained within the policy unless City approves such exclusions in writing. 2. Automobile Liability $1,000,000 each accident on a combined single-limit basis, or $ 250,000 Property Damage and $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover "Any Auto" defined as autos owned, hired and non-owned. Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. 3. Pollution Insurance $1,000,000.00 Pollution Insurance ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 2 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A 4. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 Each accident/occurrence $100,000 Disease-each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Chapter 406, as amended) 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, demolition, and rehabilitation. Contractor or its subcontractors shall maintain coverages, if applicable. In the event the respective subcontractors do not maintain coverage, Contractor shall maintain the coverage on such subcontractor, if applicable, for each subcontract. B. Certificates of Insurance and Endorsements effecting coverage required by this Section shall be forwarded to both of the following: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 City of Fort Worth Neighborhood Services Department Lead-Safe Program 1000 Throckmorton St. Fort Worth, TX 76102 C. Additional Insurance Requirements 1. Where applicable, insurance policies required herein shall be endorsed to include the City, as an Additional Insured as its interest may appear. Additional insured parties shall include officers, employees, agents and volunteers of City. This requirement does not apply to Workers' 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' compensation, all insurers must have a minimum rating of A: VII 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 required, written approval of Risk Management is required. 4. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 5. Unless otherwise stated, 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 ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 3 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall 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 is longer. An annual certificate of insurance submitted to City shall evidence such insurance coverage. 6. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, 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 coverage, 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 10%. 7. Any self-insured retention (SIR) 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 insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved by City's Risk Management Division. 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 Management Division. 9. City, at its sole discretion, 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 City's Risk Management Division based on economic conditions, recommendations of professional insurance advisors, changes in applicable law or regulation, court decisions, claims history of the industry as well as of Contractor to City or other relevant factors. City shall provide 90 days prior notice of changes to these insurance requirements. 10. 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, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the party or the underwriter on 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. VIII. COST FOR WORK PERFORMED Contractor will perform the Work for the cost shown on the Bid Tabs Attachment C. IX. GENERAL WARRANTY Contractor warrants that all labor and materials are of the type and grades specified in the RFP and that labor has been performed in a standard manner. Contractor shall, without cost to Owner or to City, 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 all manufacturers' and suppliers' written warranties covering items furnished under this Contract to Owner prior to release of the final payment. ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 4 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A 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 ("FLSA") 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. CWHSSA 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 whole or in part by "CDBG" funds and any work orders will be subject to the following applicable federal laws including, but not limited to: - Regulations at 24 CFR Part 570 et seq. pertaining to CDBG ("CDBG Regulations"). - Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.). - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24. - Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.). - Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.). - Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60. - The Age Discrimination in Employment Act of 1967 (29 USC 621 et seq.). - The Age Discrimination Act of 1975 (42 USC 6101 et seq.). - Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable. - The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.). - National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58. - The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, 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 Water Act. - The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees. - Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F. - Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons. - Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 5 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A - Copeland "Anti-Kickback "Act (18 USC 874 et seq.) as supplemented in 29 CFR Part 5 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. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995). Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R - United States Department of Labor—Occupational Safety and Health Administration ("OSHA") Lead Exposure in Construction Regulations, 29CFR Part 1926.62 C. Requirement that Law Be Quoted in Covered Contracts. —Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended 02 U.S.C. Sections 1701 et seq.) and its related regulations at 24 CFR Part 135 1. If the Project will cause the creation of new employment, training, or contracting opportunities on a contractor or subcontractor level resulting from the expenditure of CDBG funding, Contractor shall comply with the following and will ensure that its contractors also comply. If the Work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR Part 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): - Section to be quoted in covered contracts begins: 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 ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 6 Javier Villagomez d/bla GTO Construction September 2015 Attachment A 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 Part 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 Part 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 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. 2. Contractor's responsibilities include: a. Implementing procedures to notify Section 3 residents and business concerns about training, employment, and contracting opportunities generated by Section 3 covered assistance; b. Notifying potential contractors working on Section 3 covered projects of their responsibilities; c. Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns; c. Assisting and actively cooperating with the Neighborhood Services Department in making contractors and subcontractors comply; e. Refraining from entering into contracts with contractors that are in violation of Section 3 regulations; ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 7 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A f. Documenting actions taken to comply with Section 3; and g. Submitting Section 3 Annual Summary Reports (form HUD-60002) in accordance with 24 CFR Part 135.90. 3. In order to comply with the Section 3 requirements, Contractor must submit the forms attached hereto as Attachment D—Section 3 Reporting Forms. a. Report to the City all applicants for employment by contractor and any subcontractor on a quarterly basis. This shall include name, address, zip code, date of application, and status (hired/not-hired) as of the date of the report. b. Advertise available positions to the public for open competition, and provide documentation to City with the quarterly report that demonstrates such open advertisement, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. c. Report to the City all contracts awarded by contractor and subcontractor on a quarterly basis. This shall include name of contractor and/or subcontractor, address, zip code, and amount of award as of the date of the report. D. Contractor covenants and agrees that its officers, agents, employees and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG Regulations. E. All information and data arising from the work performed under this Contract shall be the property of the City and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Contractor shall release and provide to City or its authorized 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. F. In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall, at the sole discretion of the City, be assigned to City upon demand. City retains all rights to intellectual property developed in the course of this Contract. G. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall, at the sole discretion of City, be assigned to City upon demand. H. City, HUD, and the United States Comptroller General, or their respective representatives, shall have access for 4 years following the termination of this Contract to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 8 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A I. All records pertaining to Contract, including but not limited to any books, documents, and papers, shall be retained for 4 years following the termination of this Contract. Contractor may destroy Project records at the end of this 4 year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. J. Prohibition Against Interest/Conflict of Interest 1. Developer shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Developer shall disclose to City any conflict of interest or potential conflict of interest described above, immediately upon discovery of such. 2. No persons who are employees, agents, consultants, officers or elected officials or appointed officials of City or of Developer who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG Funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities may utilize CDBG services, may obtain a financial interest or benefit from a CDBG- assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter, unless they are accepted in accordance with the procedures set forth at 24 CFR Part 570.611. 3. Developer affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 4. If applicable, the conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively, shall apply in the procurement of property and services by Developer. In all cases not governed by those sections, the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply. XI. NONDISCRIMINATION A. Contractor, in the execution, performance or attempted performance of this Contract, shall comply with all non-discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Contractor may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Contractor permit its officers, agents, employees, or clients to engage in such discrimination. B. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, agents, employees and subcontractors,. have fully complied with all provisions of same and that no employee, 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 subcontractors: [Subcontractor or Vendor Name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 9 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A orientation, gender identity, gender expression or transgender. [Subcontractor or Vendor Name]will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Subcontractor or Vendor Name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Subcontractor or Vendor Name] will, in all solicitations or advertisements for employees placed by or on behalf of [Subcontractor or Vendor Name] , state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Subcontractor or Vendor Name] covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Subcontractor or Vendor Name] further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, 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. D. Contractor covenants that neither it nor any of its officers, agents, employees, or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. E. Contractor further covenants that neither it nor its officers, agents, employees, subcontractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, 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 With 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 availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. CONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 10 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A 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 OF THIS CONTRACT. XII. 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 conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. XIII. CHANGE IN COMPANY NAME OR OWNERSHIP Contractor shall notify City in writing of a company name, ownership, or address change for the purpose of maintaining updated City records. The president or chief operating officer of contractor or authorized agent must sign the letter. Failure to do so may adversely impact future invoice payments. XIV. TERMS AND CONDITIONS The City's Standard Purchasing Terms and Conditions as promulgated by the City's Purchasing Division shall apply to the 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, sidewalks, driveways, etc. that are damaged during its performance of this Contract. Sod and shrubbery must be replaced with the same type that was damaged. B. Contractor at Contractor's sole cost shall repair all surfaces damaged by Contractor as a result of the Work whether inside or outside of the Housing Unit. C. Under no circumstances shall the Contractor leave construction debris (paint chips, nails, shingles, etc.) on the property on which the Housing Unit is located. Contractor is responsible for properly disposing of all construction debris. Any materials, fixtures or equipment belonging to Owner or the occupant that are intentionally removed and not reinstalled shall be removed from the Housing Unit. XVI. SUPERVISION As stated in the Texas Environmental Lead Reduction Rules Section 295.212 (d) (2): A certified supervisor is required for each abatement project and shall be onsite during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the certified supervisor shall be available either directly or through a pager or answering service, and able to be present at the work site in no more than two hours. ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 11 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A XVIL SAFETY Contractor shall be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but not limited to EPA regulations, City Ordinances, and OSHA regulations. In addition, Contractor shall be wholly responsible for instructing Contractor Personnel in these safety measures and seeing that they are in full compliance. XVI11. HAZARDS Contractor shall not permit the placement or use of equipment or materials in such manner as to block traffic lanes or to 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 personnel, even to the point of interrupting the Work, if necessary. XIX. 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 to the City or any occupant. Restoration and correction shall be to City's complete satisfaction in its sole discretion. This shall apply to any part of a Housing Unit, its appurtenances, the adjacent yard or grounds, or any other tangible damage incurred in the performance of the Work. 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 or to become due under the Contract. XX. INSPECTIONS AND PERMITS Contractor shall apply for and obtain all permits prior to performing the Job Order with the City's Planning and Development Department for all Work requiring a permit. Contractor shall arrange for inspections and inform the City's Neighborhood Services 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 of the permit. Failure to provide the supporting documentation will result in non-payment of permit cost. XXI. LEAD-BASED PAINT REQUIREMENTS A. Contractor shall comply with the requirements of the Lead Safe Housing Rule and the EPA's RRP Rule when performing the Work. Contractor shall also abide by any laws, regulations or rules pertaining to lead remediation promulgated by the State of Texas or any agency thereof including the TELRR. B. Contractor is responsible for containing all lead contaminated material including but not limited to lead dust, paint chips, paint, debris during abatement and clean-up until the Work is complete. Containment methods required during lead-based paint hazard reduction activities will be performed in a manner that will protect all non-contaminated areas in or around the Housing Unit from lead contamination in accordance with the Texas Environmental Lead Reduction Rules. C. Contractor must handle disposal of wastes from hazard control activities that contain lead-based paint, but are not classified as hazardous, in accordance with State or local law or the HUD Guidelines. ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 12 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A D. Prohibited Practices for Work under this Contract: Open-flame burning or torching; chemical paint strippers containing methylene chloride or other volatile hazardous chemicals in a poorly ventilated space; dry scraping or dry sanding, except as allowed by the regulations, uncontained hydro blasting or hydro washing; abrasive blasting or sandblasting without HEPA exhaust control; machine sanding or grinding without HEPA attachments; or heat guns operating above 1,100 degrees Fahrenheit or that char paint. Waste resulting from lead hazard control activities must be disposed of in accordance with the requirements of the appropriate local, State, and Federal regulatory agencies. XXII. ADDITIONAL REQUIREMENTS FOR WORK A. Contractor shall protect Owner's or occupant's household goods and property from damage or loss during Work, and maintain same in as good condition as before Work started. B. If necessary to perform the Work, Contractor shall move, or if necessary, pack and store all of Owner's or occupant's household items. When Work is completed, Contractor shall set up furniture and moved boxes to the room of origin for unpacking by Owner or occupant. Contractor shall leave the Housing Unit in at least broom clean condition. C. Contractor is responsible for the care and safekeeping of the Housing Unit and all Work until completion. Contractor shall protect Owner or occupant's household goods and property from damage or loss during the Work and maintain same in as good condition as before the Work commenced. Contractor shall take measures to adequately protect the Housing Unit from vandalism, damage due to equipment, vehicles, tools or exposure to the elements which result from the execution of the Work. D. Contractor shall not enter into any side agreements with Owner or occupant for any additional work, changes to the Work or materials over and above those specified in this Contract and the Job Order. Any additional Work or changes to the Work shall be performed only pursuant to change orders approved in writing by City. XXIV. SUBCONTRACTING AND ASSIGNMENT A. Contractor will not assign any or all of its rights or responsibilities under this Contract without the prior written approval of the City. Any purported assignment without such approval will be a breach of this Contract and void in all respects. B. Contractor shall not subcontract more than 25% of the Work to be performed pursuant to this Contract without the prior written approval of the City. C. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Contractors and any subcontractors engaged in any activity that is funded under this Contract prior to any charges being incurred. D. Contractor understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all subcontractors which are in any way paid with funds from this Contract or who perform any Work. Contractor shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder. Contractor shall monitor the services and work performed by its subcontractors on a regular basis for compliance with the Contract provisions. Contractor is liable for all violations of any ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 13 Javier Villagomez d/b/a GTO Construction September 2015 Attachment A applicable federal or state regulations or of any other applicable laws, ordinances or rules, committed by its subcontractors. City maintains the right to insist on Contractor's full compliance with the terms of this Contract and Contractor is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Contractor or by its subcontractors. E. City will consider Contractor to be the sole point of contact with regard to contractual matters. ATTACHMENT A LEAD-SAFE PROGRAM CONTRACT Page 14 Javier Villagomez d/b/a GTO Construction September 2015 ATTACHMENT B Application Information Application ID: 188 Applicant Name: Address: 1); � Street City/State/Zip: Fort Worth,TX 76110 County/Parish: Tarrant Home Evaluation Information Evaluator: John Cain LAT: LONG: Evaluator ID/Number: 407062 HEIGHT: Type of Home: Single-Family Attached Project Type: Lead Abatement Description/Notes: Rehab Tech Chris Wells 817-392-8814 Project Manager John Cain 817-392-2642 Homeowner ��e SPECS BY LOCATION/TRADE 811212015 Pro-Bid Site Visit: Case Number: 188 Bidding Open Date: Project Manager: John Cain Bidding Close Date: Phone: 817-392-2642 Initial: Am w Fk55W A POW & gi Spec# Spec Quantity Units Unit Price Total Price Trade: 1 General Requirements 40 ALL PERMITS REQUIRED 1.00 DU Ll Set up of Interior Containment 1.00 EA L3 Set up of Exterior Containment 1.00 EA L71 Notification to State for Lead Abatement Activities 1.00 EA Location Total: -IFIO _.P _g Spec# Spec Quantity Units Unit Price Total Price Trade: 1 General Requirements L70 Replace Interior Door Jamb 1.00 EA dining room. Trade: 32 LEAD Doors L27 Install new prehung interior 36"6 panel door 2.00 EA entry door to bedroom 1 entry door to bedroom 2. Trade: 33 LEAD Walls and Ceiling L61 Wet Scrape prime and paint interior componets 80.00 SF baseboard on walls A/B/C/D door casing on wall A and wall C to dining room cabinet and mantel on wall D window#1 casing/jamb/sill/apron window#2 casing/jamb/sill/apron window#21 casing window#22 casing/sill. window#23 casing/jamb/sill/apron -At Ilk 0,4 Location Total: 04#413 T Spec# Spec Quantity Units Unit Price Total Price Trade: 32 LEAD Doors L27 Install new prehung interior 36*'6 panel door 1.00 EA closet door Trade: 33 LEAD Walls and Ceiling L61 Wet Scrape prime and paint interior componets 80.00 SF baseboards on walls #A,#13,#C and#13 window#3 casing window#4 casing/sill/apron window#5 casing/sill/apron window#6 casing/sill/apron. Location Total: Spec# Spec Quantity Units Unit Price Total Price Trade: 32 LEAD Doors L27 Install new prehung interior 36"6 panel door 2.00 EA closet door hallway door. Trade: 33 LEAD Walls and Ceiling L61 Wet Scrape prime and paint interior componets; 64.00 SF baseboards on walls #A,#13,#C, and#D window 7 casing/sill/apron window 8 casing/sill/apron Location Total: -77 7. Spec# Spec Quantity Units Unit Price Total Price Trade: 1 General Requirements L70 Replace Interior Door Jamb 1.00 EA doorjamb to bedroom 3 Trade: 32 LEAD Doors Spec# Spec Quantity Units Unit Price Total Price Trade: 32 LEAD Doors L27 Install new prehung interior 36"6 panel door 3.00 EA Bathroom door Closet door kitchen door Trade: 33 LEAD Walls and Ceiling L61 Wet Scrape prime and paint interior componets 14.00 SF baseboard on walls#A,#B,#C, and#D door casing to bedroom#3. Location Total: Spec# Spec Quantity Units Unit Price Total Price Trade: 33 LEAD Walls and Ceiling L61 Wet Scrape prime and paint interior componets 118.00 SF baseboard on walls#A,#B,#C, and#D door casing to hallway closet door casing, window #9 casing/sill/apron window#10 casing/sill/apron window#11 casing/sill/apron window#12 casing/sill/apron Location Total: Spec# Spec Quantity Units Unit Price Total Price Trade: 1 General Requirements L70 Replace Interior Door Jamb 1.00 EA door jamb to kitchen. L81 Removal of hazardous lead dust 1.00 EA Detergent scrub all surfaces Trade: 33 LEAD Walls and Ceiling L61 Wet Scrape prime and paint interior componets 37.00 SF r PatgB 3 of S I ( > f ) i(11t1 - " - PsIFt 1ifillor�� f Spec# Spec Quantity Units Unit Price Total Price Trade: 33 LEAD Walls and Ceiling baseboard on walls#A,#B,#C, and#D door casing to living room door casing to kitchen. Location Total: fr� 1} = Spec# Spec Quantity Units Unit Price Total Price Trade: 1 General Requirements L69 Abate Friction and Impact Points(Door and Jamb) 1.00 EA door to back porch on wall #C. Trade: 33 LEAD Walls and Ceiling L61 Wet Scrape prime and paint interior componets 66.00 SF baseboards on walls #C and#D door casing to dining room porch window sill window#16 casing/sill/apron window#17 sill/apron Location Total: -�VlXat�i/4M T�lSY4��i#S".�'� } � ; � �1-` Y� F�s'• �'if � � Ar�*1++ ��FF� ' � � 5�., Spec# Spec Quantity Units Unit Price Total Price Trade: 30 LEAD Exterior Walls L14 Wet scrape,prime, paint exterior(Wood Siding) 21.00 SF After establishing any required floor containment with polythylene sheeting,wet mist, remove,wrap in polyethylene sheeting and dispose of lead-containing wood. Wet scrape, prime and paint exterior of house full coverage(Wood Siding Clapboard replace/117 or 105)includes trim and all openings with two coats. Use Lead Safe Work Practices as described in Spec.#9000 and#9001 above. 117 wood siding above ceiling line wall A Location Total: Spec# Spec Quantity Units Unit Price Total Price Trade: 1 General Requirements J i' "i W-1 OF 0- :0 A Spec# Spec Quantity Units Unit Price Total Price Trade: I General Requirements L72 Replace Exterior Door Jamb 1.00 EA front door to the living room. Trade: 30 LEAD Exterior Walls L14 Wet scrape, prime, paint exterior 116.00 SF front door casing to living room beam cap,awning support window#1 casing/jamb/stool window#2 casing/jamb/stool window#3 casing/stool window#23 casing/jamb/stool Trade: 31 LEAD Windows L90 Abate friction and impact points(Windows) 252.00 Ul t entire window unit/trim with white acrylic latex. windows#1,#2,#23 Location Total: A Spec# Spec Quantity Units Unit Price Total Price Trade: 9 Environmental Rehab 9750 HEPA VAC EXTERIOR CHIPS 50.00 SF Rake perimeter of Side B out 3'to loosen paint chips. Immediately HEPA vacuum area to remove all visible paint chips Trade: 30 LEAD Exterior Walls L14 Wet scrape, prime, paint exterior 84.00 SF window#4 casing/stool window#5 casing/stool window#6 casing/stool window#7 casing/stool window#8 casing/stool window#9 casing/stool Trade: 31 LEAD Windows L21 Install new windows(Wood) 638.00 Ul Windows#4(20x62)82ui, #5(36x62)98ui, #6(20x62)82ui, #7(36x62)98ui,#8(36x62)98ui,#9(28x62)90ui,#10(28x62)90ui DESIGN MUST MATCH ORIGINAL �..� k s. •- 3- �. 3-'y --r �+ - SE- -.' � ryy_. •e � _ y-i -�g..3-� '•'' ; r .Y � �,1 1"-. Y 4 s qLA N�v {T �. .� * t- F �i �y F� �` f '7 tk �yi, t . hT• '-t Spec# Spec Quantity Units Unit Price Total Price Trade: 31 LEAD Windows Location Total: Ali rloo( ) 0 Spec# Spec Quantity Units Unit Price Total Price Trade: 31 LEAD Windows L21 Install new windows(Wood) 180.00 UI Windows#11(28x62)90ui and#12(28x62)90ui DESIGN MUST MATCH ORIGINAL Location Total: «It1Ezt>vtlfi : a8�',c Gllrrig] CeoS Spec# Spec Quantity Units Unit Price Total Price Trade: 30 LEAD Exterior Walls L14 Wet scrape, prime,paint exterior 90.00 SF window#16 casing/stool, window#17 casing/stool, window#18 casing/stool, window#19 casing/stool, window#20 casing, window#21 casing Trade: 31 LEAD Windows L21 install new windows(Wood) 395.00 UI Windows#16(26x42)68ui,#17(26x42)68ui,#18(28x38)66ui, #21 (30x30)60ui,#22(30x30)60ui#24(28x45)73ui DESIGN MUST MATCH ORIGINAL Location Total: Unit Total for Unit Lead Safe Program: Address Grand Total for Street: Bidder: a = ;I of 6 ATTACHMENT C ATTACHMENT C Material Labor Unit Item Cost Unit Cost Cost Negotiated Price 1.Set up of Interior Containment $ 200.00 EA $ 220.00 EA $ 420.00 2.Set up of Mini Containment $ 75.00 EA $ 125.00 EA $ 200.00 3.Set up of Exterior Containment $ 160.00 EA $ 140.00 EA $ 300.00 4.Removal of hazardous lead dust per room $ 50.00 EA $ 75.00 EA $ 125.00 1.Fascia board $ 1.25 LF $ 2.00 LF $ 3.25 2.Soffit $ 1.50 LF $ 2.00 LF $ 3.50 3.Wood deck $ 1.00 SF $ 1.75 SF $ 2.75 4.Roof Replacement $ 105.00 SQ $ 80.00 SQ $ 185.00 5.Vinyl Soffit $ 2.20 LF $ 3.30 LF $ 5.50 6.Replace 1"x 12"trim $ 2.00 LF $ 3.00 LF $ 5.00 7.Replace 1"x 8"trim $ 1.80 LF $ 2.70 LF $ 4.50 8.Replace 1"x 6"trim $ 1.60 LF $ 2.40 LF $ 4.00 9.Replace 1"x 4"trim $ 1.40 LF $ 2.10 ILF $ 3.50 10.Replace 1"x 2"trim $ 0.90 LF $ 1.35 LF $ 2.25 1.Remove ceiling $ 1.25 SF $ 2.75 SF $ 4.00 2.Replace wooden posts 4"x4" $ 20.00 EA $ 30.00 EA $ 50.00 3.Replace wooden posts 4"x6" $ 25.00 EA M3EA EA $ 55.00 4.Enclose ceiling with 5/16"Hardipanel Siding $ 1.50 SF SF $ 5.00 1.Wet scrape and encapsulate $ 1.50 SF SF $ 4.50 2.Remove/replace damaged wood siding $ 1.30 LF LF $ 4.30 3.Wet scrape,prime,paint exterior(Wood Sidi ng Clapboard) $ 1.00 SF SF $ 4.00 4.Wet scrape,prime,paint exterior(Cement Siding Tile) $ 1.00 SF SF $ 3.00 5.Remove/replace cement siding tile $ 14.58 EA EA $ 18.58 6.Install vinyl siding $ 1.38 LF SF $ 3.45 7.Replace 1"x 4"trim $ 1.20 LF LF $ 3.00 1.Replace interior window trim $ 1.00 LF $ 1.50 LF $ 2.50 2.Replace exterior window trim $ 1.00 LF $ 2.00 LF $ 3.00 3.Remove,wet scrape,reinstall old windows $ 2.30 UI $ 3.00 UI $ 5.30 4.Install new windows(Vinyl) $ 1.75 UI $ 2.00 UI $ 3.75 5.Install new windows(Wood) $ 5.50 UI $ 3.50 UI $ 9.00 6.Install Picture Window $ 1.60 UI $ 2.00 UI $ 3.60 7.Replace window sill $ 6.00 LF $ 9.00 LF $ 15.00 8.Replace 1'x 8"trim $ 1.80 LF $ 2.70 LF $ 4.50 1.Abate friction points $ 25.00 EA $ 200.00 EA $ 225.00 2.Install new prehung interior 24"flush door $ 102.40 EA $ 153.60 EA $ 256.00 2.Install new prehung interior 30"flush door $ 131.00 EA $ 125.00 EA $ 256.00 3.Install new prehung interior 32"flush door $ 102.40 EA $ 153.60 EA $ 256.00 4.Install new prehung interior 36"flush door $ 131.00 EA $ 125.00 EA $ 256.00 4.Install new prehung interior 24"6 panel door $ 102.40 EA $ 153.60 EA $ 256.00 5.Install new prehung interior 30"6 panel door $ 131.00 EA $ 125.00 EA $ 256.00 6.Install new prehung interior 32"6 panel door $ 102.40 EA $ 153.60 EA $ 256.00 7.Install new prehung interior 36"6 panel door $ 131.00 EA $ 125.00 EA $ 256.00 8.Replace 36"prehung wooden exterior door $ 200.00 EA $ 260.00 JEA $ 460.00 9.Replace 36"prehung metal exterior door $ 200.00 JEA $ 260.00 JEA $ 460.00 10.Replace 32"prehung metal exterior door $ 200.00 EA $ 260.00 EA $ 460.00 11.Replace 32"prehung wooden exterior door $ 200.00 EA $ 260.00 EA $ 460.00 12.Replace 1"x 8"trim $ 1.80 LF $ 2.70 LF $ 4.50 13.Replace 1"x 6"trim $ 1.60 LF $ 2.40 LF $ 4.00 14.Replace 1"x 4"trim $ 1.40 ILIF $ 2.10 ILF $ 3.50 15.Replace interior doorjamb $ 66.00 EA $ 99.00 EA $ 165.00 16.Replace exterior doorjamb $ 90.00 EA $ 135.00 EA $ 225.00 17.Replace threshold $ 26.00 EA $ 39.00 EA $ 65.00 1.New 1/4"sheetrock drywall $ 1.25 SF $ 2.50 SF $ 3.75 2.New 3/8"sheetrock drywall $ 1.25 SF $ 2.50 SF $ 3.75 3.New 1/2"sheetrock drywall $ 1.25 SF $ 2.50 SF $ 3.75 4.New pre-finished wooden wall paneling $ 1.25 SF $ 2.25 SF $ 3.50 5.Wet-scrape,prime and paint interior components $ 1.50 SF $ 2.00 SF $ 3.50 1.Remove/replace wall cabinets $ 40.00 LF $ 65.00 LF $ 105.00 2.Remove/replace base cabinets $ 60.00 LF $ 60.00 LF $ 120.00 3.Remove/replace bathroom vanity base $ 200.00 EA $ 100.00 EA $ 275.00 4.Replace shelf $ 1.50 LF $ 6.50 LF $ 8.00 1.Remove baseboard 2"and replace with like materials $ 1.10 LF $ 0.90 LF $ 2.00 2.Remove baseboard 4"and replace with like materials $ 1.50 LF $ 1.00 LF $ 2.50 3.Remove baseboard 6"and replace with like materials $ 1.50 LF $ 1.00 LF $ 2.50 4.Paint and stabilize baseboard $ 1.00 LF $ 1.00 LF $ 2.00 5.Install new vinyl sheet floor covering $ 1.50 SF $ 2.25 SF $ 3.75 6.Sand,seal and varnish wood floors $ 1.00 SF $ 4.00 SF $ 5.00 7.Install new carpet and pad $ 8.00 YD $ 12.00 YD $ 20.00 1.Remove soil-up to 3" $ 8.50 SY $ 6.50 $ 15.00 2.Backfilling with new soil and sod $ 16.00 YD $ 9.00 $ 25.00 3.Labor rate for carpentry services $ 45.00 HR $ 45.00 4.Markup percentage for equipment,parts and supplies 20.00% EA 5.Labor rate for master plumber $ 90.00 HR $ 90.00 6.Labor rate for HVAC service $ 85.00 HR $ 85.00 7.Clean horizontal surfaces with 3 bucket system $ 25.00 EA $ 100.00 EA $ 125.00 8.HEPA vac paint chips SF $ 1.00 SF $ 1.00 9.Clean window sill and trough $ 25.00 EA $ 25.00 1.Packing and storage of all household items $ 200.00 EA $ 700.00 EA $ 900.00 2.Storage fees per week $ 55.00 EA EA $ 55.00 3.Moving and covering interior furniture $ 20.00 HR $ 20.00 ATTACHMENT D Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp. 11/30/2010) Low—and Very Low-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office: Section back of page for Public Reporting Burden statement 1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3. Total Amount of Award: 4.Contact Person 5.Phone: (Include area code) 6.Length of Grant: 7.Reporting Period: 8.Date Report Submitted: 9.Program Code: (Use separate sheet 10. Program Name: for each program code) Part 1: Employment and Training "Columns B,C and F are manda ory fields. Include New Hires in E&F A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec.3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List Total Program Codes 3=Public Indian Housing 4=Homeless Assistance 8=CDBG State Administered 1=Flexible Subsidy A=Development, 5=HOME 9=Other CD Programs 2=Section 202/811 B=Operation 6=HOME State Administered 10=Other Housing Programs C=Modernization 7=CDBG Entitlement Page 1 of 2 form HUD 60002(6/2001) Ref 24 CFR 135 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the projectlactivity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701 u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying information is not included. Page 2 of 2 form HUD 60002(11/2010) Ref 24 CFR 135 Form HUD-60002,Section 3 Summary Report,Economic Opportunities for Low-and Very Low-Income Persons. Instructions: This form is to be used to report annual 8. Program Code: Enter the appropriate program code as listed at accomplishments regarding employment and other economic the bottom of the page. opportunities provided to low-and very low-income persons under 9. Program Name: Enter the name of HUD Program corresponding Section 3 of the Housing and Urban Development Act of 1968. The with the'Program Code"in number 8. Section 3 regulations apply to any public and Indian housing programs that receive: (1)development assistance pursuant to Part I: Employment and Training Opportunities Section 5 of the U.S.Housing Act of 1937;(2)operating assistance Column A: Contains various job categories. Professionals are pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have special knowledge of an occupation(i.e. modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors,architects,surveyors,planners,and computer of 1937 and to recipients of housing and community development programmers). For construction positions,list each trade and provide assistance in excess of$200,000 expended for: (1)housing data in columns B through F for each trade where persons were rehabilitation(including reduction and abatement of lead-based paint employed. The category of"Other"includes occupations such as hazards);(2)housing construction;or(3)other public construction service workers. projects;and to contracts and subcontracts in excess of$100,000 Column B: (Mandatory Field) Enter the number of new hires for awarded in connection with the Section-3-covered activity. each category of workers identified in Column A in connection with Form HUD-60002 has three parts,which are to be completed for this award. New hire refers to a person who is not on the contractor's all programs covered by Section 3. Part I relates to employment or recipient's payroll for employment at the time of selection for the and training.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered employment/training goals either on the basis of the number of hours assistance. worked by new hires(columns B,D,E and F). Part II of the form Column C: (Mandatory Field) Enter the number of Section 3 new relates to contracting,and Part III summarizes recipients'efforts to hires for each category of workers identified in Column A in comply with Section 3. connection with this award. Section 3 new hire refers to a Section 3 Recipients or contractors subject to Section 3 requirements must resident who is not on the contractor's or recipient's payroll for maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance. directed toward low-and very low-income persons.` A recipient of Column D: Enter the percentage of all the staff hours of new hires Section 3 covered assistance shall submit one copy of this report to (Section 3 residents)in connection with this award. HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for Where the program providing assistance requires an annual Section 3 employees and trainees(including new hires)connected performance report,this Section 3 report is to be submitted at the with this award. Include staff hours for part-time and full-time same time the program performance report is submitted. Where an positions. annual performance report is not required,this Section 3 report is to be Column F: (Mandatory Field) Enter the number of Section 3 submitted by January 10 and,if the project ends before December 31, residents that were trained in connection with this award. within 10 days of project completion. Only Prime Recipients are Part II: Contract Opportunities required to report to HUD. The report must include Block 1: Construction Contracts accomplishments of all recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awarded on the contractors and subcontractors. project/program. HUD Field Office: Enter the Field Office name. Item B: Enter the total dollar amount of contracts connected with this 1. Recipient: Enter the name and address of the recipient project/program that were awarded to Section 3 businesses. submitting this report. Item C: Enter the percentage of the total dollar amount of contracts 2. Federal Identification: Enter the number that appears on the connected with this project/program awarded to Section 3 businesses. award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards. cooperative agreement or contract. Block 2: Non-Construction Contracts 3. Dollar Amount of Award: Enter the dollar amount,rounded to the Item A: Enter the total dollar amount of all contracts awarded on the nearest dollar,received by the recipient. project/program. 4&5. Contact Person/Phone: Enter the name and telephone number Item B: Enter the total dollar amount of contracts connected with this of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses. implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts 6. Reporting Period: Indicate the time period(months and year) connected with this project/program awarded to Section 3 businesses. this report covers. Item D. Enter the number of Section 3 businesses receiving awards. 7. Date Report Submitted: Enter the appropriate date. Part III: Summary of Efforts—Self-explanatory Submit one(1)copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income ceilings higher or lower than 80 percent performance report is submitted to the program office. The Section 3 of the median for the area on the basis of the Secretary's findings such that report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction costs during the period specified in item 8. PHAs/IHAs are to report all or unusually high-or low-income families. Very low-income persons mean contracts/subcontracts. low-income families(including single persons)whose incomes do not exceed 50 percent of the median family income area,as determined by the • The terms"low-income persons"and very low-income persons"have Secretary with adjustments or smaller and larger families,except that the the same meanings given the terms in section 3(b)(2)of the United Secretary may establish income ceilings higher or lower than 50 percent of States Housing Act of 1937. Low-income persons mean families the median for the area on the basis of the Secretary s findings that such (including single persons)whose incomes do not exceed 80 percent of variations are necessary because of unusually high or low family incomes. the median income for the area,as determined by the Secretary,with adjustments for smaller and larger families,except that Page i form HUD 60002(11/2010) Ref 24 CFR 135 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas L FORT INORT11 COUNCIL ACTION: Approved on 7128/2015 REFERENCE 17NS LEAD SAFE DATE: 7/28/2015 NO.: C-27398 LOG NAME: PROGRAM VENDOR CONTRACTS CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of Contracts with Javier Gomez d/b/a GTO Construction and IntegrityTexas Construction Ltd., in the Amount of$952,250.00 Each for the Lead-Safe Grant Program (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager or his designee to execute contracts with Javier Villagomez d/b/a GTO Construction and IntegrityTexas Construction Ltd., in the amount of$952,250.00 each for the Lead- Safe Program for a term of one year with a four one-year renewal options; 2. Authorize the City Manager or his designee to extend or renew the contracts if necessary, for the completion of grant activities; and 3. Authorize the City Manager or his designee to amend the contracts, if necessary to achieve program goals provided that the amendment is within the scope of the grant and program and it is in compliance with City policies and applicable laws and regulations governing the use of federal grant funds. DISCUSSION: On December 15, 2014, the City accepted a $2,400,000.00 grant for its Lead-Safe Program from the United States Department of Housing and Urban Development (HUD) under its Lead Hazard Reduction Demonstration Grant Program and a $400,000.00 Healthy Homes supplemental grant to perform inspections and repairs (M&C G-18238). At the same time, the City Council also authorized $500,000.00 in Community Development Block grant funds as direct match as required by HUD for the grant. The purpose of the City's Lead-Safe Program is to assess, treat and control lead-based paint hazards in City housing units built prior to 1978 or in which children under the age of six reside or visit. The program provides a lead inspection/risk assessment of housing units and blood tests for children under six. The grant also pays for lead abatement in eligible properties including replacement of windows, doors and exterior siding and removal of contaminated dust. The Healthy Homes supplemental grant pays for the inspection and repairs to properties eligible under the Lead Hazard Reduction grant to ensure that housing stock is safe for those who are particularly vulnerable to lead contamination such as children and the elderly. The performance period for this grant is December 15, 2014 through December 14, 2017. The program is limited to home owners earning at or below 80 percent of area median income as established by HUD annually. The grant requires that priority be given to housing units where a child under the age of six with an elevated blood lead level resides or visits. In order to treat and control lead-based paint hazards, Staff issued a Request for Proposals (RFP) for contractors experienced with lead abatement. The RFP was advertised in the Fort Worth Star-Telegram on February 18, 2015, February 25, 2015, March 3, 2015 and March 11, 2015; eight vendors from the purchasing vendor database were invited to respond. The RFP consisted of detailed specifications describing the types of services to be provided by the vendors including carpentry services, painting services, hftn•//nr.r�o n4cvn f n raviaAzr Avn9TT)=71 S 9/7R/7nl 5 M&C Review Page 2 of 2 lead-based paint abatement and remediation, interim control practices and specialized cleaning techniques to address lead dust. Four vendors submitted bids for the RFP. The following vendors were selected based on qualifications, technical knowledge, capacity and previous work experience as it relates to lead-based paint abatement: Javier Villagomez d/b/a GTO Construction IntegrityTexas Construction, Ltd. M/WBE OFFICE: - Javier Villagomez d/b/a GTO Construction is in compliance with the City's Business Diversity Enterprise (BDE) Ordinance by committing to 10 percent MBE participation on this project. The City's MBE goal on this program is 10 percent. - IntegrityTexas Construction, Ltd., is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this project. The City's MBE goal on this program is 10 percent. Both Javier Villagomez d/b/a GTO Construction and IntegrityTexas Construction, Ltd., are certified MBE firms. Staff recommends entering into contracts for lead hazard remediation and repairs with the selected contractors for an amount up to $952,250.00 each. Work will be assigned on a rotational basis to each contractor. The program is available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Fiscal Year 2015 budget included appropriations of$1,904,500.00 in the Grants Fund for this purpose. To date, none of these appropriations have been expended. Upon approval of this recommendation, the Financial Management Services Director certifies that funds are available within existing appropriations for this expenditure. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 017206715020 $1,004,500.00 GR76 539120 017206720690 $500,000.00 GR76 539120 017206715030 $400,000.00 Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: John Cain (2642) Additional Information Contact: John Cain (2642) ATTACHMENTS htt„•//arxrc ,Axmat nrcr/rrnmri] nar•V,-f/mr rP-w;pix7 9/?R/2(11 5