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. ~~~~
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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:
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{1} Contractor shall prepare a separate fle, including all applicable
information, for each dwelling unit assessed.
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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
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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
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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.
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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.
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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.
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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
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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
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