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HomeMy WebLinkAboutC2010-182 - 6/7/2010 - NACITY OF CURPUS CHRIST[ Neighborhood Ser-rices Department) Community De~eiapment Division Agreement for Weatherizativn Assistance Program (V4'AP] Assessment Ser-rices -- Energy Efficiency Section 1. Parties to Agreement This agreement ("Agreement"} is made and entered into by and between the City of Gorpus Christi {"City"} and R.E.D. Fewer Corporation, a Texas corporation ("Contractor"}. The parties to this Agreement have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations and to the performances and accomplishment of the tasks described in this Agreement. All performances and obligations by the parties tv this Agreement relate tv the ll. S. Department of Energy ("DOE"} and the State of Texas Weatherization Assistance Program ("WAP"}, as administered by the City. Section 2. Agreement Period; Contingent Maximum Value of Agreement. The period for performance of this Agreement shall commence rune 3, 2fl I ~, or upon execution by the City's City Manager, whichever is later, and be in effect for a period of one year, unless sooner terminated under the pro~isivns of this Agreement. In no event shall the value of serrrices provided by Contractor under this Agreement exceed $4$,ODU pup to 120 units x $400 per unif, which unit value includes both apre- and pvst- assessment per unit}. Assignment of individual housing uni#s is at the sale discretion of the City, and Contractor acknowledges and agrees, by execution of this Agreement, that this Agreement only provides Contractor with an expectation of payment based vn the number of units assigned to and fully completed by Contractor. 5ectiun 3. Contractor's Performance (A} Contractor shall comply with the general conditions specified in Exhibit "A" and complete far each assigned housing unit the items and forms identified in TDHCA's Priority List ("Priority List"} o~ as set out in Exhibit "B," bath exhibits being attached to this Agreement and incorporated herein by reference as if fully set out in their entireties. The Priority List consists of items as defined in the program guidelines of the DOE and TDHCA, and strict adherence by the Contractor to the Priority List is required under this Agreement, (B} Contractor must also meet and maintain the following performance criteria: (I } At all times, Contractor shall have qualif ed personnel who are able to understand and follow the WAP and ARRA guidelines. 24I4-IS2 Contractor shall have a full and complete understanding of all OblI1711D applicable DOEITDHCAIWAPICITY program regulations, R. E. D. Power Corp. ~~~~ i ~ Agreement for Weatherization Assistance Program {WAP} procedures and standards and must operate within established federal, State and local program requirements. {3} As per this Agreement, Contractor will only be reimbursed far DQEITDHCA eligible assessments as specified by the Priority List (Exhibit "B"). {4] Contractor shall not be reimbursed far dwelling unit expenses in excess of the established per assessment maximum casts.. (5} Prior to undertaking work, Cantractar shall receive a written authorization from the City. Contractor shall not proceed with assessment work on any dwelling until authorized by a designated staff member. (G} Contractor shall not delegate work under this Agreement to ano#her entitylfirm without prior written approval of Community Development, a division of the City's Neighborhood Services Department. (7) Cantractar shall obtain and pay necessary fees for all required permits and inspections and furnish a copy of all receipts to Community Development. [8} Cantractar shall provide detailed, program-required assessment documentation and de#ailed and itemized cost statements for each dwelling unit for work completed. (9} Contractor shall not enter into any side, collateral, or ancillary agreements for additional work on any dwelling unit or for the provision of any materials beyond those specified in the Priority List at any time prior to the final inspection or where notice to proceed has been provided and where labor is to be performed or materials are to be supplied or installed. (1~} Cantractar shall not be expected to perform services in a health or safety hazard environment, In the event that Cantractar believes any dwelling unit or building may constitute a health or safety hazard environment, Contractor shall promptly notify Community Development of same. Section 4. Additional Contractual Requirements {A} Contractor agrees to the following additional contractual requirements: Page 2 {1} Contractor shall prepare a separate fle, including all applicable information, for each dwelling unit assessed. 1 ~ Agreement for Weatherization Assistance Program {WAP} {2} The price far each assessment shall be the price stated in Exhibit "A," which is $2U0 for each pre-assessment and $2Ufl for each past-assessment. [3} Contractor shall have HVAC-licensed personnel able to perform and document heating and cooling assessments in accordance with program guidelines. {B} Contractor shall give federal and State funding agencies and the City, through their respective designee, access to and the right to reproduce all retards pertaining to Contractor's performance under this Agreement. {C} Contractor shall retain all records for a minimum of four {4} years after the City makes final payment and all other pending matters related to this Agreement aze closed. Contractor acknowledges that this requirement is to ensure fair settlement of disputes or complaints that may arise, as well as to fulfill federal audit requirements. Section 5. Metihod of Payment {A} All WAP work is performed on a reimbursement basis. No draws or advances will be provided under this Agreement ar any subsequent agreement. (B} Before submitting a cost statement and invoicelrequest for payment, Contractor shall ensure that all work for which payment is requested has been completed in a satisfactory and workmanlike manner. {C} Prior tv payment authorization, Contractor will obtain a completion report signed by the homeowner or tenant {"client"} and City representative. (D) Contractor's requests for payment shall normally be processed within 30 days of submission, contingent upon the City's timely receipt of program funds from TDHCA. [E} City shall not be liable for any costs incurred by Contractor in the performance of this Agreement which have not been billed to the City within 3U days following the termination of this Agreement, along with any extensions or renewals hereto. Section G. Insurance and Bonding Requirements {A} Contractor shall, at all times while this Agreement is in effect, carry adequate general commercial and auto liability insurance coverages for personal injury and property damages for purposes of protection against the hazards arising out of or in connection with carrying out the Contractor's performances under this Agreement. The required insurance minimum coverage amounts, types, and related requirements that the Contractor must observe are shown in Exhibit "C," which is attached to Page 3 ~ ~ Agreement far Weatherizativn Assistance Program {WAP} this Agreement and incorporated herein by reference as if set out in its entirety. {B} Contractor acknowledges and understands that the minimum insurance coverage requirements may be increased at TDHCA's option. If increased by TDHCA, the Contractor shall accordingly revise its coverage within thirty {3D} days of written notice to the Contractor of such requirement. The City shall be listed as an additional named insured on all insurance policies required under this Agreement. Contractor shall provide proof of coverage before performing any work under this Agreement. Section 7. Agreement Administration {A} City shall process and verify applications for services from prospective clients and will make the determination of eligibility for the WAP. {B} City shall review and approve assessments {as applicable} on a timely basis and shall authorize Contractor to proceed with agreed-upon WAP tasks and activities. {C} City shall ensure eligible dwelling units are available. City and Contractor shall review monthly production and establish objectives so that work under this Agreement proceeds in an organized, efficient, and expeditious manner. {D} City shall ensure that, once approved, Contractor's invoices are processed in a timely manner. Section 8. Independent Contrac#ar; Indemnification It is expressly understood and agreed by both parties to this Agreement that the TDHCA is contracting with the City as a subrecipient entity and that City is contracting with Contractor as an independent contractor. Contractor expressly agrees tv indemnify and held harmless the TDH[A against all liability, and associated claims, including disallowed casts or other claims which may be asserted by any third party, in connection with the services performed by Contractor under this Agreement. To the extent allowed by law, Contractor expressly agrees tv indemnify and hold harmless City, its officers, officials, employees, representatives, and agents against all injuries, damages, claims, actions, suits, and any disallowed costs or other claims asserted by any person, including third parties, in connection with the services to be performed under this Agreement. Section 9. Authority to Contract; Legal Use of Funds Certification Page 4 The Contractor assures and guarantees that it possesses the legal authority, pursuant to an official motion, resolution, or action passed or taken, to enter into this Agreement, Agreement far Weatherization Assistance Program (WAP} receive the funds authorized by the Agreement, and perform the services tv which it is obligated under this Agreement. Furthermore, the person signing this Agreement on Contractor's behalf hereby warrants that helshe has been fully authorized to execute this Agreement and to legally bind the Cvntractvr to all the terms, performances, and provisions set forth in this Agreement. Contractor certifies, as a condition to receiving funds under this Agreement, that the funds will be used in accordance with State and federal laws. Section 10. Known or Suspected Fraud or Abuse Any known or suspected incident of fraud or program abuse involving any Contractor yr Contractor's employee or agent must be reported to the appropriate program officials with the DOE, TDHCA, and City. Section 11. Compliance with Federal LawlOrder Precedence; Conflict of Interest In rendering performances under this Agreement, Contractor shall comply with the requirements of all applicable federal Iaws, regulations, and rules. In the event of a conflict between such laws, regulations, and rules and the terms and conditions of this Agreement, precedence shall be given to the laws, regulations, and rules. Contractor agrees tv comply with all requirements of the Equal Employment Opportunity Act (41 CFR Part 6D} and further covenants that no person providing services under this Agreement will be excluded from participation or otherwise be subject to discrimination because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Cvntractvr covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner ar degree with the performance of this Agreement. Contractor further covenants that, in the performance of this Agreement, no person having such interest shall be employed or appointed. No person who is an employee, agent, consultant, officer, or official of Cvntractvr and who exercises or has exercised any functions or responsibilities with respect to Agreement activities or who is in a position to participate in adecision-making process or gain inside information with regard to such activities may obtain a personal or financial interest or benefit, direct or indirect, in any Agreement, subcontract, or other agreement with respect thereto or the proceeds there under, either for themselves or those with whom they have family or business ties during their tenure. Contractor's employees, officers, agents, and consultants shall neither solicit nor accept gratuities, favors, or anything of monetary value from the DOE, DOE personnel, the TDHCA, TDHCA personnel, the City, City personnel, or the City's clients. Page 5 Cvntractvr agrees that no funds provided under this Agreement may be used in any way to influence in any manner a member of Congress to favor or appose legislation or appropriations by Congress yr for lobbying State legislators or local elected officials. Agreement far Weatherization Assistance Program (WAP} Contractor shall ensure that na funds under this Agreement are used either directly or indirectly in the support of any religious or anti-religious activity, worship, or institution. Section 1Z. Additional SpeeiFr Compliance with Law (A} Contractor shall comply with the requirements of all applicable laws, regulations, and rules relating tv this Agreement including, but not limited to, the following: (1 } Title VI of the Civil Rights Act of 19G4 and all applicable Equal Employment Opportunity laws and regulations; (2} Davis-Bacon Act; ~3} Copeland (Anti-Kickback} Act; (4} Agreement Work Hours & Safety Standards Act {CWHSSA}; (5} Fair Labor Standards Act tFLSA}; and (6} Code of Federal Regulations, Title 29, Fart 1, 3, 5 & 7, and all other parts as applicable. ~B} Should funding under this Agreement and any amendments or extensions exceed One Hundred Thousand Dollars ($1 Q~,Q~D}, Contractor shall also comply with: (1) Section 3DG of the Clean Air Act X42 []SC 1875h}; (2) .Section 5U5 of the Clean Air Act {33 i..TSC 136$}; (3) Executive order 1173$, providing far administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to federal agreements, grants, and loans; and (4} Environmental Protection Regulations (4~ CFR Part 15} Section 13. Suspension and Termination of Agreement ~A) In the event Contractor fails to comply with any terms of this Agreement, the City may, upon written notification to Contractor, suspend this Agreement in whole or in part, withhold further payments tv Contractor, and prohibit Contractor from incurring additional obligations far funds under this Agreement. ~B} City may terminate this Agreement, in whole or in part, at any time City determines that there is cause for termination. Cause for termination includes but is not limited to Contractor's failure to comply with any teen of this Agreement, any law, yr any applicable DDE or TDHCA regulation or rule. City shall notify Contractor in writing of such determination prior to the fifth (5'~} day preceding the date of such termination, state the reason for such termination, include the effective date of such termination and, in the case of partial termination, state the portion of the Agreement to be terminated. Page 5 Agreement for Weatherization Assistance Program (WAP} {C} Nothing in this section shall be construed so as to limit the City's authority to immediately suspend performance and withhold payment under this Agreement in the event the City identif es passible instances of fraud, abuse, fiscal mismanagement, yr other serious deficiencies in performance. (D} The parties may mutually terminate this Agreement, in whole or in part, when both parties agree that the continuation of the WAP activities funded under this Agreement would not produce benefit commensurate with the further expenditure of funds, provided that bath parties agree, in writing, upon termination conditions, including the effective date of such termination and, in the case of partial termination, the portion ^f the Agreement to be terminated. Section 14. Changes and Amendments The parties expressly agree that any alterations, additions, ar deletions to the terms of this Agreement which are required by changes in federal law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law yr regulations. Except as otherwise specifically provided in this Agreement, any other change in the terms, provisions, ar conditions of this Agreement shall be by amendment in writing and signed by both parties to this Agreement. Na oral changes are permitted. Section 15. Notices {A} All notices, demands, requests, or replies provided far or permitted under this Agreement, by either party must be in writing and must be delivered by one of the fallowing methods: {1} by personal delivery; {2} by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; {4} by deposit with an overnight express delivery service, far which service has been prepaid; or (5} by fax transmission. (B} Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2} business days after deposit with the United States Postal Service. Notice by telegram yr overnight express delivery service will be deemed effective one (1 } business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon #ransmission, with proof of confirmed delivery. Page 7 {C} All such communications must only be made to the fallowing: Agreement for Weatheriaatian Assistance Program {WAP} If to the City City of Corpus Christi Attn: Administrator, Community Deg P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3186 Office {361} $44-1740 Fax With a cvny,•to: City of Carpus Christi Attn: Director, Neighborhood Services P. Q. Bax 9277 Carpus Christi, TX 78469-9277 {361) 826-3044 Office (361} 826-3011 Fax If to the CvntraGtyr: R. E. D. Power Corporation Attn: Todd Pearce Corpus Christi, TX 78410 (361} 687-9327 Office {361) 461-2295 Alt. Office (361 } 242-9076 Fax With a co to National Registered Agents, Inc. for R. E. D. Power Corporation 16055 Space Center Blvd., Ste. 235 Houston, TX 770G2-6212 {800} 767-1553 Ext. 1 is Offce {609} 716-x820 Fax {D) Either party may change the address to which notice is sent by using a method set out abv~e. The Subrecipient shall notify the City of an address change within 10 days after the address is changed. Section lb. Disclosure of Interests In compliance with Section 2-349 of the City's Code of Ordinances, Contractor shall complete the City's Disclosure Qf Interests form, which is attached to this Agreement as Exhibit "D," and the contents of which, as a completed form, are incorporated into this Agreement by reference as if fully set out herein in its entirety. Section 17. Confidentiality of Privileged Information The Contractor recognizes and acknowledges that helshe will have access to certain privileged and confidential personal and financial information of the clients, held on their behalf by the City, and that such information constitutes unique, confidential, and privileged property of the City. The Contractor will not during and after termination of this Agreement disclose any such privileged and cvnf dential information to any person, firm, association, corporation, or other entity for any reason ar purpose whatsoever, except to authorized representatives of the City, TDHCA, or ODE. Section 18. Nondiscrimination Contractor shall ensure that no person, vn the grounds of race, color, religion, sex, national origin, age, disability, political affiliation yr belief is excluded from participation in, denied the benefits of, ^r subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Agreement. Page 8 Agreement fvr Weatherization Assistance Program (WAP) Section 19. Use of Alcoholic Beverages None of the funds provided under this Agreement shall be used for the payment of salaries tv any employee ^r for wages to any hired worker who uses alcoholic beverages while an active duty. Nv funds provided under this Agreement shall he used fvr the purchase of alcoholic beverages, Sec#ion 20. HBi 196 Certification Contractor certifies that it does not and will oat knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted far permanent residence to the Uni#ed States or authorized under law to be employed in that manner in the United States. If, after receiving a public subsidy, Contractor is convicted of a violation under S U.S.C. Section 1324a, Contractor shall repay the public subsidy with interest, at a rate of 5% per annum, not later than the 12Q'" day after the date TDHCA notifies City or Contractor of the violation, Section 21, SB648 Certification Under Section 2251.U53, Texas Government Code, Contractor certifies that it is oat ineligible to receive this Agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. Sec#ion 22. Requirement to Past Notice of Whistleblower Rights and Remedies Any employer receiving funds under this Agreement shall past notice of the rights and remedies afforded whistleblvwers under Section 1553 of the ARRA. Section 23. llebarred and Suspended Parties; Certification and Notice Contractor certifies that neither it or its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Failure lay Contractor tv adequately perform under this Agreement may result in penalties up to and including debarment from performing additional work for TDHCA and City. Section 24, Nv Waiver of Pra~isions or Compliance No right or remedy given to City by this Agreement shall preclude the existence of any other right ar remedy, nor shall any action taken in exercise of any right or remedy be deemed a waiver ^f any other right or remedy. The failure of the City to exercise any right or remedy on any occasion shall not constitute a waiver ^f the City's righ# to exercise that ar any other right yr remedy at a later time. Section 2S. Se~erability of Prv~isions Page 9 If any clause or provision of this Agreement is held invalid, illegal, or unenforceable under present yr future federal, State, ar local laws, including, but not limited to, the Agreement far Weatheri7ation Assistance Program (WAP} City's City Charter, City's Code of Qrdinances, or other City codes, then and in that event, it is the intention of the parties to this Agreement that such invalidity, illegality, or unenfarceability shall not affect any other clause or provision hereof and that the remainder of this Agreement shall be construed as if such invalid, illegal, or unenforceable clause or provision was never contained herein; it is also the intention of the parties hereto that, in lieu of each clause ar provision of this Agreement that is invalid, illegal, or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms tv such invalid, illegal, or unenforceable clause or provision as may be possible, that is legal, valid, and enforceable. Sec#ivn 2G. Interpretation In the event any disagreement or dispute should arise between the parties pertaining to the interpretation or meaning of any part of this Agreement or the governing law, rules, regulations, codes, or ordinances pertaining to performance of this Agreement, the City, as the party ultimately responsible to the DDE and TDHCA for matters of compliance, shall have the final authority to secure or render an interpretation. Section 27. Entire Agreement This Agreement, along with the attached and incorporated exhibits, constitutes the final and entire agreement between the parties hereto and contains all of the terms, provisions, and conditions agreed upon by the parties, No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to hind the parties hereto unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties. Section 28. Texas Law to Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created under this Agreement are performable in Corpus Christi, Nueces County, Texas. ATTACHMENTS: Exhibit "A" --General Conditions Exhibit "B" - TDHCA Priority List Exhibit "C" -Insurance Requirements Exhibit "D" -Disclosure of Interests Page 1 f {ExECUTIUN PAGES FULLUW} Agreement for Weatherizativn Assistance Program (WAP} APPROVED AND ACCEPTED: CONTRACTOR - R. E. D. Power Corporation Signature Title DATE: ~v a ~r~~ ~~~~ Printed Name ^~ ACKNOWLEDGMENT STATE DF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY DF NUECES § This instrument was acknowledged before me vn ~ Ct,~ ~ ~ , 2a1 ~, by ~ , an executive officer of R. E. D. Power Corporation, a Texas c oration. (Seal} „~,,~.,,,~ - - ~ Notary Puh c, State of T xas ~. TYREB ~va[ary Public F'~Y ~~ Bxp.Apsi121, 2U13 DN PAGE FOLLOWS} Page 1 l Agreement far Weatherization Assistance Program (WAP} APPROVED AND ACCEPTED: CITY ^F CQRPUS CHRISTI `A 1 .Escobar City Manager DATE; ATTEST: Armando Chapa City Secretary DATE: ~ I7 ' ~ Approved as to form only: C~J ZO 1 d i ~ ( _ Eli a R. Hundley Assis ant City Attorney far the City Attorney Page 1 ~ GENERAL CDNTRACTLJAL REQUIREMENTS FCR THE ASSESSOR General Conditions Assessor will attend a briefing to be conducted by NSDICD personnel to assure that assessors have 'full and complete understanding of all Texas Department of Housing and Community Affairs (TDHCA} and Department a# Energy tDGE} program regulations, requirements and procedures. Assessor must be prepared to operate within established program guidelines. 2. Assessor must provide all materials, tools needed to conduct a Pre and Post Energy Audits and must be able to complete all applicable reports. Alt materials must comply with the ZDD9 Standards for Weatherization Materials specifications. 3. Assessor will be required to attend training and technical assistance workshops. The City of Corpus Christi will reimburse registration fees and per diem to attend approved workshops. Applicable only after the Assessor has been selected and approved. 4. Assessor will provide a detailed assessment for each dwelling unit. Cost and assessments will be processed through an Energy AuditlPrivrity List. If needed, NSDICD will re-evaluate and amend assessment given by the Assessor in the event that additional work is required to stop air infiltration. Any work performed outside of scope of work will not be paid by NSDICD unless written notice was provided from staff. 5. All weatherizativn work must be done to comply with DDE requirements. fi. Cast far weatherizativn repairs is based an Texas Department of Housing and Community Affairs mandates and funding allocations. Eligible dwelling units are allocated from approximately $2,500 tv $fi,50D to address the energy consumption burden. 7. Assessors} are responsible for the provision of and transportation of tools and workerslemplvyees #v all job sites. S. A Pre & Post final blower door test will be conducted by the Assessor and reported to NSDICD, 9. Assessor{s} are expected to conduct themselves in a professional manner at all times when dealing with NSDICD and its clients. Assessor{s} and crews shall present themselves in a manner that is helpful and respectful and one which gives the City a good image in the community. 1 D. As the VIleatherization Assistance Program is federally funded, any known yr suspected incident of fraud and program abuse involving any Assessor ar their employees will be reported immediately by the NSDIC^ tv the Office of Inspector General far appropriate action. EXHIBIT FEDERAL REQUIREMENTS All contracts, including small purchases, awarded by the City of Carpus Christi and their CvntractorslSubcantractars contain the fallowing procurement provisions as applicable: a. Equal Employment Uppartunity All contracts shall contain a provisions requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E. O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," as presented in Appendix 4 and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Programs, Equal Employment Opportunity, U.S. Department of Labor" As presented in Appendix 5. b. Copeland "Anti-Kickback" Act (IS U.S.C. 874, "Kickbacks fro public works employees," presented in Appendix 6 and 4U U.S.C. Z7Gc, "Regulations Governing Contractors and Subcontractors," presented in Appendix 7) All contracts and subgrants in excess of $ 2,004 for construction or repair awarded by the City of Corpus Christi and its subrecipients shall include a provisions for compliance with the Copeland "Anti-Kickback" Act {18 U.S.C. 874}, as supplemented by Department of Labor regulations 29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole yr in Part by Loans or Crrants from the United States" presented in Appendix 8. The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. c. Davis-Bacon Act, as amended {4Q C].S.C. 276a to a-7} When required by Federal program legislation, all construction contracts awarded by the City of Corpus Christi and its subrecipients of more than $2,000 shall include a provision for compliance with Davis-Bacon Act (40 U.S.C. 276a to a-7 presented in Appendix 3} and as supplemented by Department of Lobar regulations (29CFR part 5, "Labor Standards Provisions Applicable to Construction" presented in Appendix 10}. Under this Act, contractors shall be required tv pay wages tv laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Lobar. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. d. Contract Wark Hours and Safety Standards Act {44 U.S.C. 327-333} Where applicable, all contracts awarded by the City of Corpus Christi in excess of $2,000 for construction , contracts and in excess ^f $2,540 for other can#racts that involve the employment of mechanics or laborers shall include a provision far compliance with Sections 142 and 107 of the Contract Work Hours and Safety Standards Act {40 U.S.C. 327-333 presented in Appendix 11}, as supplemented by Departmen# of Labor regulations {29 CFR part 5 presented in Appendix 10}. Under Section 102 of the act, each contractor shall be required tv compute the wages of every mechanic and laborer on the basis of a standard work week of 44 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/i times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings ar under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply #o the purchases of supplies yr materials or articles ordinarily available an the open market, or contracts for transportation ar transmission of intelligence. e. Rights to Inventions Made Under a Contract ar Agreement Contracts ar agreements for the performance of experimental, development, ar research work shall provide far the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts, and Cooperative Agreements," presented in Appendix 12, and any implementing regulations issued by the awarding agency. f. Clean Air Act {42 U.S.C. 74Q1 et seq.) and the Federal Water Pollution Contra! Act {33 U.S.C. 1251 et seq.}, as amended Gantracts and suhgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient tv agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act {42 U.S.C. 7401 et seq., illustrated in appendix 13} and the Federal Vilater Pollution Control Act as amended {33 U.S.C. 12S 1 et seq., illustrated in Appendix 14}. Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency {EFA}. g. Byrd Anti-Lobbying Amendment {31 U.5.C. 1352) Contractors who apply or hid for an award of $100,Q0U ar mare shall file the required certification. Each tier certifies tv the tier above that it will not and has not used Federal appropriated funds to pay any person yr organization far influencing or attempting to influence any officer or employee of any agency, a member of Congress, officer or employee of Congress, ar any employee of a member of Congress in connection with obtaining any Federal contract, grant yr any other award covered by 31 U.S.C. 1352, illustrated in appendix 1 S. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier tv tier up tv the recipient. h. Debarment and Suspension {E.D.s 12549 and 12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nan-procurement Program is accordance with E.Q.s 12548 and 12b89, "Debarment and Suspension" as presented in Appendix 1 and, Appendix 2, respectively. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractor declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that .t exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. i Texas neparttnent of Housing & Comrrtunity Affairs ARRA Weatherization Assistance Program Priority Lfst for Single-Family and Small, Multi-Family Bufldings 1. lnfiitration Reduction, Maximum cast • $544 in IECC Zane 4 + $4aQ ist IECC Zane 3 ^ ~19fl in IECC Zone 3B • $2(4 in IECC Zone 2 2. Duct Sealing 3. Attic Insulation • For homes with natural gas space heating and room air conditioners, with existing R-19 attic insulation a Insulate to R-34 in IECC canes 3 & 4 o Add no insulation in IECC none 2 • Far all other homes o Insulate to R-38 in IECC zone 4 o lnsulate to R-34 in IECC zones 2 & 3 4. CFLs 5. Smart Thermostat • Ciieiits must he educated about the thermostat's fuirctiunality • [s not be warrarrted if clients cannot be adequately trained 6. Sidewalllnsulation • lnsulate wail cavities to R-l5 7. Refiigcrater Replacement • Meter units prior to replacement to meet IU°/o rule • Pre-1993 units can be replaced without metering, as long as the year of manufacture is documented • Replaced units need to be de-manufactured. Materials need to be recycled. Refrigerant needs to be reclaimed. $. FlaorlFaundatian insulation • Insulate exposed crawlspace floors to R-3d in IECC zone A + Insulate exposed crawlspace floors to R-19 in IECC zone 3 • lnsulate exposed crawlspace floors to R- I ] in IECC cane 2 9, Sun Screens in IECC canes 2 & 3B Abilene, El Pass, Midland, & San Angela} • East-, west-, and south-facing windows are cast effective when the cast is X4.90 per square foot ar less. 1 a. Heat Pump Replacement • Replacement can only occur inall-electric home; cannot have gas space heating, including space heater, furnace, or bailer • Hame must already have ducts Texas Priority List-w.doc Page 1 of 2 Created can 1 Zll 1120D9 4:45 PM Texas Department of Housing & Community Affairs i ^ Manual J calculations must he completed to appropriately sire the heat pump with higher order Weatherixatian measures included ^ Must have existing equipment in place v Heal pumps with a SEER of l0.tl may be replaced wish equipment and installation costs limited to ^ ~3,SaQ in [ECC canes 3 &A ^ $2,bba in [ECC zone 2 ^ Na replacement of room air conditioners (RAC) if central air conditioner ar heat pump are replaced • Replacement room air-conditioners a Only General and High-use RAC are cost-effective to replace v No snore titan three ream air conditioners can be replaced per home a Replacement RAC(s} must have an EER of 11 ~- v Maximum of ~ l 5t7 far RAC i n IECC Zone 4 far G-8 k8tulh o Maximum of $175 far RAC in IECC Zone 3 for G-8 kBtulh v Maximum of X225 far RAC in IECC Zone 2 for b-8 kI3tuflt i 1. Water Heater Replacement ^ Replace electric tank water heaters with heat pump water heater (HPWH). • Household should have a minimurn of three persons. ^ Replacement cast is limited to ~l,5bb + Replacement HPWH should have warranty of at least 1 Q years s HPWH must have an EF of at least 2.U * If home does oat have air-conditioning, HPWH can only be installed in exterior closets ar other unconditioned spaces. The HPWH requires protection From the elements. lfthe home has air-conditioning, HPWH can be installed in conditioned ar unconditioned spaces • HPWH will need: v a condensate drain v adequate air claw far the evaporator • Avoid replacing water heaters next to steeping spaces since the compressor will create noise. 12. Misceilanectus Repairs • Maximum cost of $9bU Includes casts related to installed Weatherixatian measures Materials include lumber, shingles, flashing, siding, masonry supplies, minor window repair, gutters, downspouts, paint, stains, and sealants. Instances for Ca-npletl~rg Sue Spec f c Energy Audi • Ducts in the crawlspace • Heating is other titan natural gas, propane, yr electricity Texas Priority List-w.clttc Page 2 of 2 Created on 12111 J20(19 4:fl5 PM TDHCA ARRA WAP Prioritization Counties by Zone - Zone .2A Andersen Carnal Houston Nueces Angelina Carvell Jefferson grange Aransas I]eWitt Jim Hagg Polk Atasrosa i3uvai Jim Wells Refugio Austin Falls Karnes Robertson Bastrop Fayette Kenedy San Jacinto See Fort Bend Kleberg San Patricia Bell Freestone Lavaca Starr Bexar Galveston Lee Travis Bosyue Galiad Leon Trinity Brazoria Gonzales Liberty Tyler Brazos Grimes Limestone Victoria Brooks Guadalupe Livc Oak Walker Burleson Hardin Madison Waller - Caldwell Harris Matagorda Washington Calhoun Hays McLennan Wisarton Cameron Hidalgo McMulien Wlllacy Chambers Hill Milani Williatnson Cherokee Jackson Montgomery Wilson Colorado Jasper Newton Zane 2~ Bandera Kinney Real Zapata Dimmitt La Salle t]vaide Zavaia Edwards Maverick Val Verde Frio Medina Webb Zane 3.~ Archer Erath Lamar Sabine Blanco Fannin Lampasas San Augustine Bowie Franklin Llano San Saba Brawn Gillespie Marion Shelby Burnet Grayson Mills Smith Camp Gregg Montague Somerveil Cass Hamilton Morris Stephens Ciay Harrison Nacogdoches Tarrant Coilin Henderson Navarro Titus Comanche Hand Paio Pinto Upshur Cooke Hopkins Panoia Van T.,andt Dallas Hunt Parker Wichita Delta Jack Rains Wise Denton Johnson Red River Wood Eastland Kaufman Rockwall Young Eliis Kendall Rusk 1 TDI~iCA ARRA 1~VAP Prioritization Zone 3~ Andrsews El Paso King Schleicher Baylor Fisher Knox Scurry Barden Foard Loving Shackelford Brewster Gaines Lubbock Sterling Callahan Garry Lynn Stonewall Childress Glasscock Martin Sutton Coke Hall Mason Taylor Colernan Hardentan McCulloch Terrell Collingsworth Haskell Menard Terry Canchp Hemphill Midland Throclunorton Cottle Howard Mitchell Tom Green Crane Hudspeth Motley Upton Crockett Irian Nolan Ward Crosby Jeff Dads Pecos Wheeler Culbersan Janes Presidia Willaarger Dawson Kent Reagan Winkler Dickens Kerr Reeves Ector Kimble Runnels Zone 4S Armstrong Deaf Smith liackley Farmer Bailey Donley Hutchinson Patter Briscoe Floyd Larch Randal I Carson Gray Lipscomb Roberts Castro Hate Moore 5lterman Coehran Hansfard Dchiltree Swisher ^allam Hartley Dldham Yoakum WAP SCOPE OF WORK ' Below is a "general" description of the scope of work per unit, but is not limited tv the fallowing. The scope of work for each unit is determined by an Energy Audit andlor Priority List. For each dwelling unit weatherized with funds received from WAP under this Contract, the City of Corpus Christi shall maintain a file containing the following information. {1 }Completed Application for Weatherization Services indicating the ages of the residents, presence in the household of children age five (5} or younger, elderly persons {fi4 years yr older}, and persons with disabilities; {2} 12 month costumer billing history for utilities ar consumption disclosure release form; {3} Eligibility documentation {proof of income eligibility shall consist of checks, check stubs, award letters, employer statements, or other similar documents including total income and public assistance payments}; no dwelling unit shall be weatherized without documentation that the dwelling unit is an eligible dwelling unit as defined in 10 C.F.R. §440.22. All proof of income must reflect earnings from within 12 months of the start date indicated on the building weatherization report {BWR}. Proof of income documentation requirements are the same for both single and multifamily housing; effective January 1, 2Q05, all new applications must have proof of income yr Declaration of Income Statement for the previous 30 days; {4} BWR tv include certification of final inspection; {5} lnvaices of materials purchased andlor inventory removal sheets; {6} lnvaices of labor; {7} If a rental unit, landlord agreement farm {including Exhibits A and B}, landlord financial participation form and Permission to Conduct Energy Audit Form [Department form}; and all other Landlord forms found in the Energy Assistance Section of the Departments website. {8} Seif-help Certification {TDHCA form}, if applicable; {9} Notice of Denial {TDHCA form}, if applicable; {10} Signed and dated Building Assessment form; {11}Attic Inspection; {12} Wall Inspection; {13}Justification for omission of Priorities, if applicable; {14} ^vcumentation of pre weatherization carbon monoxide readings for all combustible appliances; {15} Blower Door Data Sheet; {15} Copy of the cover sheet, SIR {Savings-Tv- Investment-Ratio} page, and Suggested Repairs and Measures page for the approved State of Texas Ener Audit; EX IBIT {17} A complete approved State of Texas Energy Audit on disk and a disk hack-up 'for all units weatherized (unless using computer based audit}; {18} Signed client receipt of Lead Safe Information {far homes built in 19T8 or prior}; {19} Refrigerator replacement form; and, {20} Materials standards documentation for weatherization materials purchased under the WAP ARRA. CONTRACTOR'S L#AB#LITY INSURANCE Contractor must not commence work under this agreement until akl insurance required herein has been obtained and sucl insurance has been approved by the City. The Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontracto has been so obtained. Contractor must furnish to the City's Risk Manager, two {2} copies of Certificates of Insurance, showinc the following minimum coverage by insurance company(s} acceptable to the City's Risk Manager. The City must tJe named a: an additional insured for the General liability policy. A waiver of subrogation in favor of the City of Corpus Christi is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 3t]-Day Written Notice of Cancellation, non- Bodily injury and Property Damage renews#, mater#a# change or termination required far all policies - ~ertificatas COMMERCIAL GENERAL LIABILITY including: $3DD,DDD COMBINI=^ SINGLE LIMIT 1. Commercial Broad Form 2. Premises -Operations 3. Products) Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage fi. Independent Contractors AIJTQMOBILE LIABILITY-OWNE^ NON-OWNED $3DD,DflO COMBINED SINGLE LIMIT OR RENTE^ PQLLUTION LIABILITY $1,OOD,Di7D COMBINED SINGLE LIMIT WHICH COMPLIES W1TH THE TE7CA5 WORKERS' COMPENSATInN WORKERS' COMPENSATIQN ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $1DD,flOD 1$5DD,DDDI $10D,DOD In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all reports of any accident: within ten ~1 D} days of any accident. EXH1BtT F It. ADDITIDNAL Rt+gUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas ^epartment of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. 6. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to dv business in the State of Texas and with an A.M. Best's rating of no Tess than A- [VII}. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, deGarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions {except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies}, Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to Ci#y at the address provided below within 1fl days of the requested change. Contractor shall pay any costs incurred resulting from said changes. Ali notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management F.C. Box 9277 Corpus Christi, TX 78469-9277 {361 } 826-4555 Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, a5 respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ^ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ^ Frovfde thirty {39] calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten {14} calendar days advance written notice for nonpayment of premium. E. Within five {5} calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certi#icate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. f=ailure to provide and to main#ain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, andlor withhold any paymen#{s} which become due to Contractor hereunder un#il Contractor demonstrates compliance with the requirements hereof, G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible far payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. ft is agreed that Contractor`s insurance shall be deemed primary and non-contributory with respec# to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of opera#ions under this can#ract. Et is understand and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. SUPPLIER NUMBER - TO BE ASSIGNED BY CIFY `~`-'~~ PURCHASING DIVISIpN City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRI5TI DISCLQSIlRE QF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA". See reverse side far Filing Requirements, Certification and definitions. COMPANY NAME: a P. O. Bnx: ~} $TRIEET At7aRE5S: CITY: sr~,,,~ ~i~:~~: Z{P: _Q3 FIRM IS: 1. Corporation [~ 2. Partnership ^ 3. Sole Owner ^ 4. Association ^ 5. Other ^ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3°/° or more of the ownership in the above named "firm." Name Jab Title and City Department cif known ~/~ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°/° or mare of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°I° or more of the ownership in the above named "firm." Name Board, Commission or Committee ~. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subjec# of this contract and has an "ownership interest constituting 3°Io or more of the ownership in the above named "firm." Name Consultant Page 1 of 2