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HomeMy WebLinkAboutRES 10-041 RESOLUTION NO. 10-041 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to EAS/Weatherization Management Group of Dallas,Texas,to perform work related to the Texas Weatherization Assistance Program authorized by the American Recovery and Reinvestment Act of 2009 and funded by the Department of Energy in the amount of $1,382,532. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. a ayor Beck Ames - w RICH WITH OPPORTUNITY r T E • X • A S February 26, 2010 City of Beaumont ATTN: Chad Shuford,President Via Hand Delivery Efficient Attic Systems, LP, dba Weatherization Management Group LLC 5949 Sherry Lane, Suite 960 Dallas, TX 75225 RE: Request for Proposal for Weatherization Program Services Funded by the American Recovery and Reinvestment Act of 2009 Bid No. PF1210-06 Dear Vendor: This Letter of Understanding executed this 26'' day of February 2010,between the City of Beaumont("City") and Weatherization Management Group LLC, ("Contractor"). This letter of understanding sets forth the understanding of the parties pertaining to the services to be provided to the City by Contractor. In consideration of Bid PF1210-06 submitted by Contractor for furnishing and delivering said services as needed to City (see Attachment"A"), the City will pay the following: See attached Weatherization Assistance Program Contract for Services. It is understood and agreed that the Contractor is an independent contractor and Contractor agrees, at Contractor's expense,to save and hold harmless,indemnify and defend the City,its officers, agents and employees from and against any liability claim, cause of action, damages, personal injury or death arising out of or in connection with the services performed or to be performed by the Contractor pursuant to this agreement. This understanding shall commence on the date it is executed and shall be in effect for a period of one(1)year under the same terms and conditions as the initial ten-n. CITY OF BEAUMONT,TEXAS EFFICIENT ATTIC SYSTEMS,LP,DBA WEATHER TION MANAGEMENT G UP,LLC Signature: Signature: Typed Name: Kyle Hayes Typed Name: P Ot> SNW]/) G3> Title: City Manager Title: Tz.ESi�UT Date: 3'_ 5 i u Date: 3 t 0 Purchasing Division/Finance Department • (409) 880-3720 • Fax (409) 880-3747 Physical Address: 801 Main St.,Ste. 315, Beaumont,TX 77701 Mailing Address: P.O. Box 3827, Beaumont,TX 77704-3827 ATTACHMENT "A" PART FOUR- DETAILED CONDITIONS,DESCRIPTION AND REQUIREMENTS FOR WEATHERIZATION ASSISTANCE PROGRAM FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 The following standard specifications and requirements shall be binding upon the City's Weatherization Contractor if selected pursuant to this solicitation. This document shall be incorporated,by reference, into any contract for the Weatherization Assistance Program Services,which result from this procurement. 1.0 The Contractor shall furnish all materials necessary for delivery of weatherization services in the City of Beaumont area. All materials shall meet applicable Department of Energy(DOE) standards and shall comply with the Texas Department of Housing and Community Affairs (TDHCA)materials standards set forth in the TDHCA Materials Installation Standards Manual. 2.0 The City shall not be billed for materials transportation or delivery costs. Materials shall be new, and in good condition. The City shall not be charged for items that are damaged prior to,or during installation, or for wasted materials. 2.1 All weatherization materials shall be installed in accordance with the standards contained in the Texas Department of Housing and Community Affairs Materials Installation Standards Manual (1998).The City shall pay only for those materials which meet applicable standards and which are acceptable and properly installed on eligible dwelling units. 2.2 It is the City's intent to secure a price,through the RFP,on customary weatherization materials. Incidental items not included in the City's RFP will be paid upon request if invoice showing actual purchase price is provided. 3.0 The Contractor shall furnish all labor pursuant to completion of weatherization activities within the City of Beaumont service area. Additionally,the Contractor must designate an experienced, knowledgeable staff member to be present during the initial dwelling unit assessment and final dwelling unit inspection. An experienced practitioner must perform on-site supervision. Contractor's field staff must be proficient in installing comprehensive weatherization measures. 4.0 Once a job is completed,the Contractor must remove all debris from the job site and dispose of same in a proper and responsible manner. The Contractor shall take all precaution necessary to protect all existing trees,shrubbery,plants, sidewalks,buildings, vehicles etc. in the area where work is being done,as well as the building covered by the contract, and shall rebuild,repair, restore,and make good at his own expense all injury and damage to the same which may result from work being carried on under this contract. 5.0 The total allowable materials and labor cost per weatherized dwelling unit shall be determined during the initial assessment performed by the Department.Total dwelling unit costs may not exceed established program maximums. 6.0 The City shall not be charged separately for Contractor's participation in the initial assessment or final inspection,for the use of the blower door, duct blaster, or conduct or required blower door tests,for carbon monoxide or indoor relative humidity transportation, for tools or equipment needed to perform weatherization work, for disposal of debris removed from the job site,for staff training or for fringe benefits. 7.0 The Contractor is responsible for any job-related illness or injury to workers in his/her employ and/or weatherization clients, and shall inderrmify and hold harmless the City,the City weatherization staff and weatherization clients in the event an on-the-job illness or injury occurs. - 92 - 8.0 The Contractor must submit itemized materials and labor cost statements for each weatherization dwelling unit completed. All weatherization work is performed on a reimbursement basis. No draws and/or advances shall be provided under this or any subsequent agreement. Payment for labor and materials shall be made only when the completed dwelling unit has passed the agency's final dwelling unit inspection. Payment will normally be made within 30 days of final agency dwelling unit acceptance. 9.0 Each unit assigned pursuant to this contract must be completed within five(3)business days. After completion of the project(work)the Contractor shall schedule a meeting and walk through at the actual project/worksite with the designated Department representative.The purpose of the meeting is to inspect all work and services performed in accordance to the bid specifications and requirements.If work,services,performance and/or products are unacceptable,the problem areas will be indicated by the Department's representative to the Contractor.The Contractor will be required to correct all problem areas immediately.Payment to the Contractor shall be withheld until all work, services,and/or products are deemed acceptable.Acceptance of all work performed under this contract shall be at the sole discretion of the Community Development Department.The City shall provide a work schedule that shall ensure that its contractual obligations to TDHCA are met. Failure of Contractor to perform in accordance with said schedule shall be grounds for termination of the weatherization services agreement.The Contractor will report only fully completed homes to the City for final inspection and payment. 10.0 Contractor shall respond to all complaints within one (1)business day from initial call with a complete resolution and/or repairs by the second business day.Failure to do so may result in cancellation of future contract with the City of Beaumont. 11.0 The Contractor must recognize the special needs and concerns of low-income,elderly and handicapped clients and must ensure that clients are at all times treated respectfully and courteously. Contractor and/or staff must conduct themselves in a professional manner at all times. 12.0 The Contractor must retain all work and cost records for a minimum period of three(3)years after payment for the dwelling unit has been made and all other documentation to assure fair settlement of disputes or complaints that may arise,as well as to fulfill federal audit requirements. The weatherization program is federally funded. Any known or suspected incident of fraud or program abuse involving Contractor or the Contractor's staff will be reported to the appropriate state or federal investigative body or official. 13.0 The Contractor must meet the Copeland"anti-kickback"requirements and must provide assurance of same. 14.0 The Contractor and all it's Sub-Contractor(s)must comply with the provisions of the Davis- Bacon Act. 15.0 The Contractor must meet Contract Work Hours &Safety Standards Act requirements and must provide assurance of same. I HEREBY ACKNOWLEDGE HAVING READ AND CERTIFY THAT I UNDERSTAND AND FULLY ACCEPT ALL THE CONTRACTUAL TERMS AND CONDITIONS WHICH ARE SET FORTH HEREIN AND WHICH SHALL BE INCLUDED IN ANY WEATHERIZATION CONTRACT DOCUMENT EXECUTED PURSUANT TO THIS SOLICITATION. PONDENT'S SIGNATURE DATE - 93 - THE STATE OF TEXAS § THE COUNTY OF JEFFERSON § WEATHERIZATION ASSISTANCE PROGRAM CONTRACT FOR SERVICES Between 1. PARTI ES This contract is made and entered into by and between the City of Beaumont ("City"), Beaumont, Texas, acting by and through Kyle Hayes, its duly authorized City Manager, and the Efficient Attic Systems LP, dba Weatherization Management Group, LLC, ("Contractor"), Dallas, Texas , by and through its duly authorized representative Chad Shuford, its duly authorized President , for weatherization program services as identified in Section 5 of this Agreement. 2. PURPOSE The Weatherization Assistance Program is designed to help households reduce energy costs by providing energy conservation measures to the dwelling while protecting the health and safety of the client. Eligible dwellings will be assessed and an Energy Audit conducted and/or the Priority List will be used to determine the various measures to be installed by the Contractor at the each dwelling to make it energy efficient. The basic objectives of the program are: • To assist the low-income families in lowering their energy consumption, and subsequently, their energy costs; • Increase comfort levels, improve health, safety & well being of clients in dwellings weatherized; and • Promote energy conservation. 3. TERM Unless otherwise stated in this Contract, the Term of this Contract will be from February 26, 2010 through February 25, 2011 . This will be firm fixed price contract for a twelve (12) month period. This contract may be renewed/extended for two (2) additional, twelve (12) month periods subject to the availability of grant funding, vendor performance and mutual agreement by all parties, and the approval of the City. All renewals/extensions shall be based on existing terms, conditions, and price structures set forth in original proposal award or as amended by the City. 4. INCORPORATED DOCUMENTS The following documents are incorporated by reference as if fully reproduced herein: • Request for Proposal RFP No. PF1210-06, hereinafter referred to as (RFP); • Contractor(s) Response to RRP; • Final Negotiated Cost; Page 1 of 14 RFP PF1210-06 Weatherization Assistance Program, Page 1 of 14 5. SCOPE OF SERVICES Contractor shall perform the following services, including, without limitation, as listed below under general requirements and scope of services. The City and Contractor may modify the scope of work from time to time upon mutual written agreement between City and Contractor. General Requirements/Scope of Services and other Measures: • The Contractor must read and understand energy audits and work orders generated by the Community Development Department ("CDD"). • The Contractor must apply and obtain all permits prior to installation of weatherization measures with the appropriate jurisdiction for all work performed under this contract that requires a permit. The Contractor shall arrange for inspections with appropriate local inspectors. All permits shall be billed as pass through cost and listed as a separated line item on invoice. When applicable, the Contract shall indicate charge to be paid by City for overhead costs related to obtaining any building permit required by the work items related to services being provided. The Contractor must provide proper documentation with each client invoice in order to support payment of permit. Failure to provide the supporting proof documentation will result in non-payment permit expenditure. • Using blower door-guided air-sealing approaches the Contractor must perform blower door test before submitting the unit for payment to CDD and record a final blower door reading for each unit; the Contractor shall install weather-stripping, caulking and switch/outlet gaskets to reduce air exchange rates in eligible dwellings; and program measures designed to preserve the integrity of the home's thermal envelope, reduce appliance energy consumption and ensure resident's health and safety include the following: Contractor shall provide all labor, material, supplies and equipment to perform the following energy conservation measures on program eligible dwellings that includes but is not be limited to the following: • Insulation of walls, attics, crawl space, switches, outlets, etc. • Blower door testing and flue gas analysis • Air bypass sealing • Attic, basement, crawl-space, and dense-pack sidewall insulation • Caulking and weather-stripping • Window and door repair and replacement • Duct leakage sealing • Shell infiltration sealing (replaced broken windows, replace interior/exterior doors and windows, weather stripping, caulking, etc. • Insulation of water heater and water heater pipes • Attic ventilation • Solar screens • Minor home repairs • Carpentry • Health and Safety measures (testing of combustion appliances, compliance with indoor air quality standards and provision of carbon monoxide detectors) • Compact fluorescent light bulbs • Smoke and Carbon Monoxide Detectors • Roofing Services (i.e. repair, installation, decking, removal) • Repair and/or replacement of various types of energy saving windows • Repair broken glass, remove broken and install new glass with glazing • Ducts wrapped, caulking and weather-stripping applied throughout the dwelling, and various other items • Air diagnostic testing (i.e. blower door test and duct blaster test) • Kitchen cabinet, countertop and/or sink repair/replacement • Bathroom cabinet, countertop, and/or sink repair/replacement RFP PF1210-06 Weatherization Assistance Program, Page 2 of 14 • High/low combustion venting • Floor Insulation R11 & R19 • Foundation underpinning-vinyl • Mobile home modification energy measures (door repair and replacement, sliding, interior vents, exhaust fans, skirts, etc. • Remove & Replace burglar bars • Contractor shall repair, retrofit, and replace inefficient home heating/cooling systems, water heaters, and refrigerators. • Contractor shall be able to service, clean and adjust heaters including un-vented space heaters, cook stoves, ovens, water heaters, and lower carbon monoxide levels per specifications stated in the TDHCA Weatherization and Mechanical Field Guides and A- 10CFR440. • Exterior windows and doors - Replacement windows and doors shall have a window unit U-value of 0.30 or less as rated by the National Fenestration Rating Council (NFRC). U- value shall be window unit and not the center of glass U-value. Skylights shall also comply with the same or equal requirements. • Storm Windows - Must meet or exceed IECC1 in combination wish the exterior window over which it is installed, for the applicable climate zone. • Materials and/or equipment purchased can be inspected by CDD representative to determine conformity with the quality requirements of the call for bids. When deemed necessary CDD may require documentation detailing the product specifications for the purposes of determining whether the material conforms, in all aspects, to the required specifications, the successful bidder must remedy the deficiency or the balance of the order there for may be canceled by CDD. • Contractor hall be fully responsible for the removal and proper disposal of all chemical, material equipment, units, appliances, and components parts associated with repair and /or replacement services. • All appliances and equipment used for retrofit, repair and/or replacement shall be energy star rated, unless otherwise noted. • All energy conservation measures will be required to comply with Department of Energy star rated, unless otherwise noted. • Services performed shall meet or exceed the latest standards and procedures of the National. • Electrical Code, American Society of Heating, Refrigerating and Air-Conditioning Engineers, Uniform Plumbing Code, International Plumbing Code and Fuel Gas Code and Department of Energy Weatherization guidelines Any work in excess of that specified on the Weatherization Work Order and not authorized by the City will be a disallowed cost and the Contractor will receive no compensation for that work. The product of labor and skill executed and quality of materials must be in accordance with City, State and Federal building codes and regulations and according to the Weatherization Installation Standards for the State of Texas. A copy of this manual may be obtained by calling (409) 880-3763 or by writing the Weatherization Assistance Program, Housing and Community Development Department, 801 Main Street, Beaumont, Texas 77701. CDD staff will inspect all completed weatherization work before payment to the Contractor is approved. The Contractor: • is responsible, at his own expense for the repair or replacement of all materials or product of labor and skill executed that does not meet program standards. Such return work shall be completed within ten (10) days from notification by the CDD staff; • the Contractor will obtain and pay for any permits that may be required for the performance of any applicable weatherization work specified on the Weatherization Work Order; • the Contractor shall provide all tools required to complete all work; RFP PF1210-06 Weatherization Assistance Program, Page 3 of 14 • provide all materials required, with materials to be in accordance with specifications shown in the Weatherization Installation Standards for the State of Texas; • arrange and schedule all work with the homeowner/occupant, in accordance with City- designated order, if applicable; • provide all transportation of tools, materials and personnel to job sites; • provide adequate, trained on-site supervision of all work; • protect homeowner's property from damage or loss during work, and maintain same in as good condition as before work started; • notify the City of Beaumont immediately of any problems with work, material delivery, or homeowner, and if any special work not shown on the Weatherization Work schedule is needed; • begin work within ten (10) days of work assignment, work continuously on a unit after work is started, and complete each unit in a reasonable amount of time, normally three (3) working days; written time extensions may be granted if requested in writing and justified by weather, illness, accident or other unforeseen circumstances; • report only fully completed units to agency for final inspection; • take any necessary corrective action on incomplete or unsatisfactory work as determined by agency's inspection; • keep homeowners' identities and circumstances confidential; • not hire or purchase materials from any person: • who is currently an employee, agent, consultant, officer, official, or Board Member of the City of Beaumont and who exercises or has exercised any functions or responsibilities with respect to assisted contract activities; or • who is in a position to participate in a decision-making process or gain inside information with regard to such activities, or members of their immediate families; nor shall Contractor offer or provide gratuities, or anything of monetary value to City employees, officers, or agents; • not solicit WAP Clients to perform additional work on the unit for a minimum of six months after WAP work on that unit is complete; • not bid on or perform work on unit owned or occupied by members of the Contractors' immediate family by blood or marriage relationship; • the Contractor shall be courteous and considerate of residents and shall do the work with the least possible inconvenience on the part of the residents; courtesy, understanding and respect for the owner/occupant are just as much a part of the weatherization program as caulk and insulation; • the Contractor shall not solicit additional business from the owner/occupant while working on homes under this contract; • the Contractor shall repair, at no additional cost to the City or the owner/occupant, all surfaces damaged by the Contractor on the dwelling as a result of the weatherization work; • the Contractor shall leave the premises in at least broom-clean condition. Any materials, fixtures and equipment owned by the owner/occupant, which are removed and not reinstalled, shall be removed from the premises unless the owner/occupant RFP PF1210-06 Weatherization Assistance Program, Page 4 of 14 requests that they be left. These and other materials, as well as other rubbish and debris resulting from the weatherization work, shall be removed from the job site immediately after completion of work. 6. REQUIRED TRAINING In addition to the training requirements detailed in the RFP, contractors along with crew members will be required to attend a mandatory training prior to commencement of services. The training will include but not be limited to: • Lead Safe Weatherization (LSW)/Environmental-Protection Agency (EPA) requirements • Production Goals • Material Installation Standards 7. FUNDING AND PAYMENT Payment to the Contractor will be made after completion of work on each house. Contractor shall submit invoices for services rendered, according to procedure outlines in the Billing Instructions, Paragraph 8 of the Standard Specifications and Conditions, and use the form in Exhibit I to submit invoices to the Housing and Community Development Department. The Director of the Department of Housing and Community Development Department or his or her designee shall condition all payments upon the inspection and approval of work. Payments will be made on an individual house basis after acceptance of work by the CDD staff. The Contractor is responsible for maintaining and submitting necessary documents and reports as may be required by the City on Weatherization Projects. Required documents include: • Unit Completion Form (request a final inspection); • Invoice for material, labor and total charge for each home weatherized; • Itemized materials invoice; • Warranty and Certification of Labor and Materials Warranty Form (form provided); • a building permit, when applicable, that indicates acceptance of work by Planning and Development Department. These documents must be submitted with the invoices. Payment to the Contractor will be made within thirty (30) days after the submission of all documents according to the Billing Instructions. The Contractor must provide the City with a written warranty that all weatherization work and materials will be free from defects for one (1) year from the date of final acceptance of the weatherization work by the Housing and Community Development Department Inspection of the City of Beaumont. 8. PROGRAM PROCEDURES The Contract is required to provide at least one valid e-mail address to which the City my send or receive the following: • Program Correspondence • Notification of Assignments • Invoices • Client Complaints • Status Reports on Unit Completion • Request for Inspection • Other Critical Documents/Memos RFP PF1210-06 Weatherization Assistance Program, Page 5 of 14 9. REPORTS AND AUDITS; LIQUIDATED DAMAGES Contractor will cooperate fully with City in monitoring the Weatherization Assistance Program. In this regard, Contractor agrees to keep records sufficient to document its compliance with all applicable laws, regulations and contract terms. All records shall be retained for three (3) years following the date of termination of this agreement. City, TDHCA and the United States Comptroller General, or their representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this contract for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of Contractor. The City may conduct a single audit of all Contractors' operations upon demand by an independent public accountant of City's choice, in accordance with OMB Circular A-128. The types of audit documentation required from the successful Contractor(s) may include, and is not limited to: • Payroll Register to verify labor charges; • Job costs for each property including all materials used, quantities of materials used, unit costs, names of workers who assisted in the weatherization, hourly rates, and the number of hours worked for each worker; • Invoices from suppliers; • Canceled checks to verify payments to personnel and suppliers; • Bank statements to trace payments for material, labor and City payments. Contractor covenants and agrees that, in the event an audit is conducted by City or on behalf of the City, which audit reveals any improper expenditures by Contractor, its officers, agents, servants, employees and/or subcontractors, of the funds granted hereunder and such questioned costs are disallowed and become final under the procedures of the party by whom or on whose behalf said audit is conducted, then the amount of such disallowed cost shall constitute liquidated damages for the breach of that portion of the contract audited. In case such disallowed cost becomes final as herein set out, Contractor agrees to pay City said sum as liquidated damages for Contractor's failure to perform duties, bear the liabilities and fulfill the obligations imposed upon it by this agreement, and City agrees to accept and take said cash payment as its total damages and relief hereunder in such event. The parties hereto agree that City's actual damages, in the event of a default by Contractor, would be difficult to ascertain and the parties, therefore, agree that such amount as shall be determined by said final disallowed cost is to each of them, reasonable as liquidated damages. 10. APPLICABLE LAWS Federal Contractor agrees to comply with the following laws and the regulations issued there under as they are currently written or are hereafter amended during the performance of this contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 eq seq) • Executive Orders 11063, 11246, as amended by 11375 and as supplemented by • Department of Labor regulations (41 CFR, Part 60) • The Age Discrimination in Employment Act of 1975 (42 USC 6101 et seq) • Section 504 of the Rehabilitation Act of 1973 (29 USC 794) • Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359, as amended), specifically including the provisions requiring employer verification of the legal worker status of its employees • The Davis-Bacon Act • Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) RFP PF1210-06 Weatherization Assistance Program, Page 6 of 14 • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) Contractor, in the operation of its program, will also comply with Office of Management and Budget Circular A087 and attachments and revision thereto; regarding principles for determining costs for TDHCA- funded programs. 11. DAVIS-BACON ACT The Contractor is required to adhere to the general provision so set forth in the Davis Bacon Act. The Contractor will be notified of any changes in the guidelines and procedures in accordance with requirement placed by the grantor upon the City. The Contract will assign an employee to certify weekly payroll. 12. COPELAND "ANTI-KICKBACK" ACT (18 USC 874), AS SUPPLEMENTED BY DEPARTMENT OF LABOR REGULATIONS (29 CFR Part 3) This Act provides that each Contractor shall be prohibited from inducing by any means, and 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. 13. ENVIRONMENTAL ACTS Contract Work Hours and Safety Standards, Sections 103 and 107 (40 USC 327-330), as supplemented by Department of Labor regulations (29 CFR, Part 5). Sec. 103 provides that Contractor shall compute wages of mechanics and laborers on the basis of a 40- hour workweek. Work in excess of this amount shall be compensated at a rate of not less than one and one-half (1'/2) times the rate of pay for the standard work week. Sec. 107 provides that Contractor shall be prohibited from requiring any mechanic or laborer to work in surroundings or under working conditions, which are unsanitary, hazardous or dangerous to his health and safety according to D. O. L. regulations. Clean Air Act (42 USC 1857 [h]), Sec. 306 Clean Water Act (33 USC 1368), Sec. 508 Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR, Part 15). These Sections prohibit the use of facilities included on the EPA List of Violation Facilities in the Performance of the contract, or if a facility has been convicted of violation of either the Clean Air Act or Clean Water Act. Contractor shall report any violations to City. Energy Policy and Conservation Act (PL 94-163, as amended). Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State of Texas Energy Conservation Plan issued in compliance with the Act. D. OTHER LAWS Contractor and covenants agrees that its officers, members, agents, employees, or subcontractors, shall abide by and comply with all other laws, Federal, State and Local, relevant to the performance of this contract, including all ordinances, rules and regulation of the City of Beaumont. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the TDHCA Grant under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees or subcontractors, then Contractor shall immediately desist from and cease such violation. Contractor agrees to use its best efforts to giving women-owned business concerns, small and disadvantaged business concerns and labor surplus area business concerns the maximum RFP PF1210-06 Weatherization Assistance Program, Page 7 of 14 practicable opportunity to participate in subcontracts it awards, to the fullest extent consistent with the efficient performance of its contract. 14. PROHIBITION AGAINST DISCRIMINATION Generally Contractor, in the execution performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of sex, race, religion, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. Employment During the performance of this contract, Contractor agrees, and will require all of its subcontractors to agree, as follows: • Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. • Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Age In accordance with the policy of the Executive Branch of the Federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Disability In accordance with provision of the Americans With Disabilities Act of 1990 ("ADA"), Contract warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability terms and/or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provision and any other applicable Federal, State and Local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. RFP PF1210-06 Weatherization Assistance Program, Page 8 of 14 15. PROHIBITION AGAINST INTEREST No member, officer or employee of City or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. No officer, employee, member or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly, or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City of Beaumont. 16. SUBCONTRACTING AND NON-ASSIGNMENT Contractor will not assign or subcontract any or all of its rights or responsibilities under this contract without the prior written approval of the City. Any purported assignment without such approval will be a breach of this contract and void in all respects. The Contractor shall not subcontract more than Fifty Percent (50%) of the work to be performed pursuant to this contract without the prior written approval of the City. 17. INDEPENDENT CONTRACTOR Contractor shall operate hereunder as an independent Contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees. The doctrine of respondent superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agents, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants licensees or invitees. City shall in no way nor under any circumstance be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnified and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 18. INDEMNITY Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non performance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, RFP PF1210-06 Weatherization Assistance Program, Page 9 of 14 employees, Contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, Contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out of or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, Contractors or subcontractors of City. 19.WAIVER OF IMMUNITY If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 20. PUBLIC LIABILITY INSURANCE Contractor shall furnish a certificate of insurance as proof that it has secured and paid for policies of public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract in the following amounts: • Weatherization Contractors Pollution Liability - Occurrence in an amount not less than $500,000 per occurrence. General Liability- bodily injury and property damage in an amount not less than $500,000 combined single limit with the understanding and agreement by Contractor that such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. • Contractor also covenants and agrees to furnish the City of Beaumont with a certificate of insurance as proof that it has obtained and paid for policy of Workers' Compensation Insurance in the amounts required by state law, covering any and all employees of Contractor active in the Program funded under this contract; and Contractor agrees to require its subcontractors to carry adequate Workers' Compensation Insurance in the amounts required by State law. No work under this contract may commence until all certificates of insurance have been delivered to the offices of the Weatherization Assistance Program of the City of Beaumont. • Contractor will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in the contract within thirty (30) days of the execution of this contract. 21. TERMINATION City may terminate this contract whenever such termination is determined to be in the best interest of City, in event of Contractor's default, inability, or failure to perform or to comply with any of the terms herein, or for other good cause, including substandard work. RFP PR 210-06 Weatherization Assistance Program, Page 10 of 14 Substandard work shall be defined as material or workmanship deviating from or falling short of standard as prescribed by Appendix A - Standards for Weatherization Materials, published in Title 16, Code of Federal Regulation, or the State of Texas Weatherization Standards Manual. Termination may occur if the quality and quantity of work is determined to be substandard. Once this determination has been made, Contractor will be notified and will be given thirty (30) days in which to improve its performance, after which time this contract may be either continued or terminated, at the sole discretion of City. Termination will be effected by written notice to Contractor, specifying the portions of the contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the contract on the date and to the extent specified by City • Cease expenditures of TDHCA monies, except as necessary for completion of portions of the contract not terminated • Terminate all orders and contracts to the extent that they relate to terminated portions of the contract • Contractor will return to City any unused monies previously distributed under this contract within thirty (30) days of the effective date of contract termination. 22. CHANGES AND AMENDMENTS TO LAW; AUTOMATIC INCORPORATION Any change in the terms of this contract which is required by a change in State or Federal law or regulation is automatically incorporated herein effective on the date designated by such law or regulation. Except as otherwise specifically provided herein, any other change in the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. 23. POLITICAL ACTIVITY AND LOBBYING No funds provided under this contract may be used to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, nor to lobby state or local elected officials. No Federal appropriated funds may be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. 24. LEGAL AUTHORITY Contractor represents that it possesses the practical ability and the legal authority, to enter into this contract, receive and manage the funds authorized by this contract, and to perform the services Contractor has obligated itself to perform under this contract. The person signing this contract on behalf of Contractor hereby warrants that he/she has been authorized by Contractor to execute this contract on behalf of Contractor and to bind Contractor to all terms herein set forth. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this RFP PF1210-06 Weatherization Assistance Program, Page 11 of 14 contract or to render performances hereunder. Contractor is liable to Department for any money it has received from Department. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this contract and agreement, venue for said action shall lie in JEFFERSON County, Texas. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitute the entire agreement between the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereto shall be void. Any amendments to the terms of this contract must be in writing and must be approved by City. RFP PF1210-06 Weatherization Assistance Program, Page 12 of 14 IN WITNESS WHEREOF, the partie hereto have executed this contract in Beaumont, JEFFERSON County, Texas, this h day of /71,r j c A. D. 2010. ATTEST.- City of Beaumont Beaumont, Texas City Secretary ,m ��IlCity Manager _ i I l rya Inc S�Gtrc� ! yle Hayes Typed Name w yped Name fit�� ATTEST.' icient Attic Systems, LP dba Weatherization Management Group, LLC By: By: \ < cretary Contractor La nd5o� Cal ► v� s �- Typed Name Typed Name APPROVED AS TO FORM AND LEGALITY.- By: 1 -- City Mttorney B -(Q vet Typ d Name Date: , �1 State of Texas,1 County of U This in t umen as ack owledged before me this day of t�are� 20 10 , By Al.Lftl Personally known or Produced as identification.,�Q .� o�t dM _20,.. .. ,c= JENNIFER HOLLIDAY Sig a ure of tary Public Notary Public,State of Texas My Commission Expires 1,rWi, March 07,2012 """" Printed Name of Notary RFP PF1210-06 Weatherization Assistance Program, Page 13 of 14 END OF DOCUMENT. RFP PF1210-06 Weatherization Assistance Program, Page 14 of 14 RICH WITH OPPORTUNITY I'm A,1111 Cl 09( C - -LI T E X A S City of Beaumont May 26, 2010 ATTN: Chad Shuford,President Via First Class Mail Efficient Attic Systems,LP, dba Weatherization Management Group LLC 5949 Sherry Lane, Suite 960 Dallas,TX 75225 RE: Request for Proposal for Weatherization Program Services Funded by the American Recovery and Reinvestment Act of 2009 Bid No.PF1210-06 Dear Vendor: Attached is Amendment No.2 to the above referenced contract. Listed in the Amendment are additional options which should have been made part of the original RFP,as they are allowable expenses for the program,according to the TDHCA and the DOE. The dollar amount of the contract award will not change as a result of these additional options. Please review the Amendment. Your signature below designates your receipt, acceptance, and agreement to abide by the requirements therein. Please keep one original letter for your records,and return one original to me in the self-addressed envelope provided for your convenience. If you have any questions,please contact me at 409-880-3175 or at pbardwell car ci.beaumont.tx.us Sinc/ yy, Patrick R/Bardwell �G L Purchasing Manager PB:bd G:\BIDS-DO Nor MOVE OR DEIIIF.Pu10, -F11)TF121—Lo-AmcaLant a2bconlnnwyd (�./k-�!�R''_ cc: Johnny Beatty,Housing ^ CITY OFJW,,AUMONT,TEXAS EFFICIENT ATTIC SYSTEMS,LP,DBA WEATHE ANAGEMENT GROUP,LLC SignaLui,>� -1 Signature: Typed Name: Kyle Haves Typed Name: Title: City Manager Title: ?Vz�tt'cwr Date: �` z 7' D Date: (,/7/(,o Purchasing Division/Finance Department • (409) 880-3720 • Fax(409) 880-3747 Physical Address:801 Main St., Ste.315,Beaumont,TX 77701 Mailing Address: P.O. Box 3827, Beaumont,TX 77704-3827 Amendment No. 2 Amendment to Original Contract executed February 26, 2010: Request for Proposal for Weatherization Program Services Funded by the American Recovery and Reinvestment Act of 2009 Bid No.PF1210-06 City of Beaumont, Beaumont, Texas Request for Proposal for Weatherization Program Services Funded by the American Recovery and Reinvestment Act of 2009 Bid No. PF1210-06 Bid Opening: 1/21/2010 Contract Awarded: 2/16/2010 Amendment No. 2 Dated: 5/26/2010 301 Open Attic Blown-In Cellulose R11—Material cost per sq.ft. $ 0.14 Installed/labor cost per sq. ft. $ 0.18 Total cost per sq. ft. $ 0.32 R13—Material cost per sq.ft. $ 0.17 Installed/labor cost per sq. ft. $ 0.19 Total cost per sq. ft. $ 0.36 R19 Material cost per sq.ft. $ 0.21 Installed/labor cost per sq. ft. $ 0.25 Total cost per sq. ft. $ 0.46 R30—Material cost per sq.ft. $ 0.30 Installed/labor cost per sq. ft. $ 0.28 Total cost per sq. ft. $ 0.58 302 Open Attic rolled Batt Insulation R11 Material cost per sq.ft. $ 0.40 Installed/labor cost per sq. ft. $ 0.31 Total cost per sq. ft. $ 0.71 R13—Material cost per sq.ft. $ 0.46 Installed/labor cost per sq. ft. $ 0.31 Total cost per sq. ft. $ 0.77 R19—Material cost per sq.ft. $ 0.49 Installed/labor cost per sq. ft. $ 0.32 Total cost per sq. ft. $ 0.81 R30—Material cost per sq.ft. $ 0.68 Installed/labor cost per sq. ft. $ 0.37 Total cost per sq. ft. $ 1.05 303 Wall Insulation Blown Cellulose R11 (Sheetrock)Material cost per sq.ft. $ 0.52 Installed/labor cost per sq. ft. $ 0.60 Total cost per sq. ft. $ 1.12 R13 (Sheetrock)—Material cost per sq.ft. $ 0.53 Installed/labor cost per sq. ft. $ 0.60 Total cost per sq. ft. $ 1.13 R15 (Sheetrock)—Material cost per sq.ft. $ 0.54 Installed/labor cost per sq. ft. $ 0.60 Total cost per sq. ft. $ 1.14 Rl5(W/M/V)—Material cost per sq.ft. $ 0.55 Installed/labor cost per sq. ft. $ 0.60 Total cost per sq. ft. $ 1.15 R15 (Brick) Material cost per sq.ft. $ 0.57 Installed/labor cost per sq. ft. $ 0.72 Total cost per sq. ft. $ 1.29 304 Attic Tent for pull down stairs Material cost each $ 190.00 Installed/labor cost each $ 60.00 Total cost each $ 250.00 305 Pull down Attic Stairs 8'ceiling-Material cost each $ 215.00 Installed/labor cost each $ 75.00 Total cost each $ 290.00 9'ceiling--Material cost each $ 230.00 Installed/labor cost each $ 75.00 Total cost each $ 305.00 10'ceiling--Material cost each $ 240.00 Installed/labor cost each $ 75.00 Total cost each $ 315.00 306 8000 btu Window A/C Unit Material cost each $ 200.00 Installed/labor cost each $ 25.00 Total cost each $ 225.00 307 Solar Sun Screens (United Inch) Material cost per UI $ 0.40 Installed/labor cost per UI $ 0.25 Total cost per UI $ 0.65 308 Electric Stove (a)30"- Material cost each $ 399.00 Installed/labor cost each $ 35.00 Total cost each $ 434.00 (b)36 Material cost each $ 599.00 Installed/labor cost each $ 35.00 Total cost each $ 634.00 309 Electric Cooktop (set in countertop) Material cost each $ 400.00 Installed/labor cost each $ 125.00 Total cost each $ 525.00 310 Electric Oven (set in cabinets) Material cost each $ 900.00 Installed/labor cost each $ 125.00 Total cost each $ 1,025.00 311 Dryer Vent Material cost each $ 15.00 Installed/labor cost each $ 15.00 Total cost each $ 30.00 312 Wall Furnace Conversion Kits Material cost each $ 80.00 Installed/labor cost each $ 80.00 Total cost each $ 160.00