6-RFP-02-Scope of Services 26-0005.pdf

CITY OF FORT WORTH - PURCHASING DIVISION

SCOPE OF SERVICES

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 1 of 14 RFP Title: Disaster Recovery – Home Repair Services

1.0 INTRODUCTION AND PURPOSE

The City of Fort Worth is seeking proposals from qualified Proposers to perform rehabilitation and repair services for the Homeowners Assistance Repair and Rehabilitation Program (HARRP) funded through the Community Development Block Grant – Disaster Recovery (CDBG-DR).

The purpose of the Disaster Recovery Program is to provide funding to communities affected by major disasters such as hurricanes, earthquakes, and floods. Disaster Recovery helps communities recover and rebuild by providing financial assistance for projects such as housing rehabilitation, infrastructure improvements, and economic development.

The U.S. Department of Housing and Urban Development (HUD) has awarded the City of Fort Worth a CDBG-DR grant of $27,472,000 to support the implementation of Disaster Recovery across the city of Fort Worth and, of that, $6,795,000 was allocated specifically for HARRP.

Grant funding will conclude upon the earliest occurrence of any of the following: (1) all program funds have been expended, (2) all eligible applicants have been assisted, or (3) six (6) years have passed since the execution of the grant agreement with HUD on January 31, 2024.

The grant term and funding availability will supersede the City’s standard contract term and renewal provisions. Contracts awarded under this solicitation will automatically expire upon exhaustion of program funds or the conclusion of the CDBG-DR grant period, whichever occurs first.

2.0 BACKGROUND

The HARRP program’s funding allocation supports mitigation and repair efforts related to Winter Storm Uri of 2021. Proposers selected under this solicitation will provide home repair and rehabilitation services funded exclusively through the Disaster Recovery grant, CDBG-DR.

The city anticipates terminating the current HARRP agreements and/or portions of current agreements that provide services under the HARRP program, in accordance with the terms and conditions of those agreements, once this solicitation is complete and new agreements are negotiated. Current Vendors providing services under HARRP are encouraged to submit a response to this solicitation if they wish to continue providing services under

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 2 of 14 the HARRP Program through a new Job Order Contract, now referred to as the Home Repair Services Contract.

3.0 SCOPE OF SERVICES

Proposers may submit proposals for one, multiple, or all service categories listed in Section 4.0 – Categories. Each proposer shall submit one complete proposal that clearly identifies the category or categories for which they wish to be considered and demonstrates their qualifications, experience, and capacity to perform work in those areas.

It is strongly encouraged that Proposers include in their proposal every service category for which they are qualified and capable of performing work.

Proposers awarded under this solicitation shall only perform work within the category or categories for which they have been awarded. Work falling outside of a Proposer’s awarded category scope will not be assigned, performed, or subcontracted by that Proposer.

If the City determines that any category receives insufficient participation or qualified Proposals, the City may issue a supplemental RFP to ensure coverage across all service categories.

Proposers selected through this process will be awarded a Home Repair Services Contract that allows the City to issue individual job orders for specific residential repair or rehabilitation projects. Each job order will define the scope of work and price for that particular project.

It is the intent of the City to assign work in the most efficient manner possible to ensure timely and complete project delivery. While in some cases a single contractor may perform all necessary repairs for a given housing unit, many projects will require coordination among multiple contractors awarded in different categories. This approach enables the City to combine specialized contractors as needed to complete all required work. The City’s Neighborhood Services Department will oversee contractor performance and issue job orders based on project needs, contractor capacity, and performance history.

4.0 CATEGORIES

Category 1: Bathroom Services – this category provides bathroom repair and replacement services, including but not limited to removal and replacement of

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 3 of 14 flooring (vinyl, underlayment, joists), plumbing lines (drain, vent, and water), and fixtures such as toilets, faucets, and sinks. Work may also include insulation, baseboard replacement and painting, and associated limited general carpentry or lead-safe work practices necessary to complete bathroom improvements to a safe and habitable standard.

Category 2: Electrical Services – this category provides electrical repairs or replacements, including but not limited to installation of new electrical service to replace inadequate or non-functioning electrical service (breaker box);

installation of Ground Fault Circuit Interrupter (GFCI) outlets and associated connections; grounding and bonding of water lines and gas lines; installation of back-up generator transfer switches; and including any associated limited general carpentry/construction work or lead-safe work practices necessary to effectuate quality repair services.

Category 3: Flooring Services – this category provides flooring repair and replacement services, including but not limited to removal, preparation, and installation of flooring materials such as vinyl sheet goods, vinyl plank, tile, carpet, and hardwood. Services may include subfloor leveling, sanding and finishing of wood floors, and any associated limited carpentry or lead-safe work practices necessary to ensure durable and code-compliant flooring installation.

Category 4: Foundation Repair – this category provides services for foundation stabilization and repair, including but not limited to pier and beam leveling, slab foundation repair, installation or replacement of piers and supports, correction of settlement issues, repair of structural cracks, and any associated limited general carpentry/constructions work or lead-safe work practices necessary to effectuate quality repair services. Proposers shall ensure that all foundation work is performed in accordance with applicable building codes and engineering standards.

Category 5: General Construction – this category provides general construction, framing, and site preparation services, including but not limited to carpentry, excavation, concrete cutting, backfilling, and equipment operation. Work may also include accessibility improvements such as ramps, handrails, grab bars, and other modifications to ensure safe and functional access. Services under this category may support other categories as needed, encompassing labor, materials, and general trade work required to complete

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 4 of 14 construction tasks in accordance with applicable codes and HUD program standards.

Category 6: Heating, Ventilation, and Air Conditioning Services (HVAC) – this category provides HVAC services, including but not limited to repair or replacement of heating and air conditioning systems, including any associated limited electrical or general carpentry/construction work, or lead-safe work practices, necessary to effectuate quality repair services.

Category 7: Insulation Services – this category insulation and weatherproofing services, including but not limited to installation of batt insulation, blown-in cellulose, and sprayed polyurethane foam (open or closed cell). Work may also include installation or replacement of skirting, underbelly materials, or trim for mobile homes, and any related limited carpentry or lead-safe work practices necessary to improve energy efficiency and building envelope performance.

Category 8: Kitchen Services – this category provides kitchen repair and replacement services, including but not limited to installation of cabinetry (upper, base, and full-height units), countertops, and kitchen plumbing fixtures (sinks, faucets, supply lines, traps). Work may also include caulking, sealing, priming, and painting, as well as associated limited general carpentry or lead-safe work practices required to complete safe, functional, and aesthetically appropriate kitchen restorations.

Category 9: Lead Hazard Control Services – this category provides Lead Hazard Interim Controls services, including but not limited to lead-safe work practices, abatement, enclosure and encapsulation; scraping/prepping and painting interiors and exteriors; replacement or installation of exterior siding;

replacement/installation of windows or window-frames, and of interior/exterior doors and doorframes; and any associated general carpentry/construction tasks necessary to effectuate quality services and meet HUD compliance requirements.

Category 10: Moving and Storage – this category provides moving, storage, and cleaning services necessary to safely prepare homes for repair activities.

Services will include but not be limited to packing, moving, and temporary storage of household contents to allow access for repair or construction work.

Work may also include relocating residents when required to safely complete

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 5 of 14 repairs, as well as unpacking and reinstalling contents once the work is finished. Cleaning and debris removal may be required before repairs, particularly in situations involving sanitation concerns or environmental hazards. Proposers shall provide all equipment, labor, and materials necessary to complete these services safely and efficiently.

Category 11: Plumbing Services – this category provides plumbing repairs and improvements, including but not limited to repair/replacement of water, sewer or gas lines; repair/replacement/ resetting of bathroom or kitchen fixtures; and any associated limited general carpentry/construction work or lead-safe work practices necessary to effectuate quality repair services (For example: replacement of bathroom subfloor and flooring.)

Category 12: Roofing Services – this category provides roof repairs or replacement, including but not limited to removal and replacement of shingles and rolled roofing, repair/replacement of decking; framing/carpentry for rafter repairs; including any associated limited general carpentry/construction work or lead-safe work practices necessary to effectuate quality repair services (For example: repair/replace rotted eaves/fascia board.)

Category 13: Weatherization Services – this category provides services including but not limited to attic and wall insulation, attic ventilation, weather-stripping, caulking, replacement of windows and doors, energy efficiency improvements, and related items, and may also include any associated limited electrical or general carpentry/construction work, or lead-safe work practices.

5.0 PROJECT REQUIREMENTS

Under no circumstances shall the Proposer leave construction debris (paint chips, nails, shingles, etc.) on the property on which the Housing Unit is located. The Proposer is responsible for properly disposing of these items and must leave the property in a neat and broom-clean condition.

Debris removal and hauling activities must comply with the City of Fort Worth’s Solid Waste and Recycling Ordinance (Chapter 12.5, Article VIII).

Contractors collecting or transporting debris within City limits must possess or obtain a valid Non-Exclusive Solid Waste Collection Privilege Agreement from the City’s Code Compliance Department, Solid Waste Division, prior to performing such work. A copy of the ordinance is attached as Exhibit B –

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 6 of 14

Ordinance for reference.

All rehabilitation projects must meet HUD Housing Quality Standards in addition to local City code requirements. If substantially rehabilitating the home, the HARRP Program will review submitted plans and documents to verify that the project being submitted adheres to the program green building and energy efficiency standards.

HARRP has adopted the ICC-700 National Green Building Standard Green + Resilience and 2021 IECC (International Energy Conservation Code) for all substantial rehabilitation. For non-substantial rehabilitation, HARRP will follow the “HUD CPD Green Building Retrofit Checklist.”

Work must pass visual inspection and/or any applicable Lead Hazard Control clearance test as required by federal and state laws and be approved by City of Fort Worth inspectors.

All work requiring permits shall be performed under the appropriate City-issued building permits. The Proposer is responsible for securing all required permits prior to commencing work, maintaining them in active status for the duration of the project, and providing copies of permits and approved inspections to the City upon request.

The Proposer shall designate a dedicated Project Manager, or similar role, who will serve as the primary point of contact for the City regarding all project-related matters. This individual shall be responsible for day-to-day coordination, communication, issue resolution, and progress updates between the Proposer and the City throughout the duration of the contract.

The HARRP Program will require documentation affirming that the Proposer holds and/or has achieved all necessary licenses and certifications. These can include but are not limited to the following:

• The EPA RRP (Renovation, Repair, and Painting) certification

• The HUD Lead Safe Housing Rule Certification

• Asbestos, mold, and radon remediation contractor licensing may be sought by the HARRP Program when and if needed

• All Types of Work Outlined Below Require Proposers to:

o Conduct work through the use of Lead-Safe (LS) Work Practices https://www.hud.gov/sites/dfiles/CPD/documents/CPD-Green-Building-Retrofit-Checklist.pdf https://www.epa.gov/lead/renovation-repair-and-painting-program-firm-certification https://www.hudexchange.info/programs/lead-based-paint/lshr-toolkit/introduction/

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 7 of 14

NOTE: Proposers are not required to be a certified “Lead- Firm,” but all Proposers submitting a proposal under this RFP MUST utilize LS Work Practices.

o If contractor is not LS certified, they must be willing to successfully complete training to obtain proper certification or subcontract with a LS certified entity as applicable to complete the full scope of work.

NOTE: If a sufficient number of LS certified Proposers are not procured, the City may provide financial assistance to certify Proposers. This will be determined on a case-by-case basis.

6.0 FEDERAL COMPLIANCE REQUIREMENTS

The services under this solicitation are funded through the Community Development Block Grant – Disaster Recovery (CDBG-DR) program. As a condition of receiving these funds, all contractors and subcontractors must comply with the following federal requirements and those attached in Exhibit A – Compliance. Any Proposer that takes exception to or fails to agree to these federal requirements will be deemed non-responsive and will not be considered for award.

All Proposers must have an active registration in SAM.gov and be eligible to receive Federal funds. Proposers that are suspended, debarred, or otherwise excluded from participation in Federal programs are not eligible for award under this solicitation.

This project is subject to Section 3 of the HUD Act of 1968 (as amended, 12 U.S.C. 1701u; 24 CFR Part 75). Contractors must make good-faith efforts to direct employment, training, and contracting opportunities, to the greatest extent feasible, to low- and very low-income persons and to businesses that provide economic opportunities to such persons. Noncompliance with Section 3 may result in sanctions, termination for default, or suspension from future HUD-assisted contracts.

All construction, rehabilitation, or repair work exceeding $2,000 shall comply with the Davis-Bacon Act and Copeland “Anti-Kickback” Act. Contractors must pay prevailing wages as determined by the U.S. Department of Labor and post the applicable wage determination at each work site. Certified https://sam.gov/ https://www.ecfr.gov/current/title-24/subtitle-A/part-75 https://www.ecfr.gov/current/title-24/subtitle-A/part-75

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 8 of 14 payrolls may be requested by the City for verification. The decision to award a contract is conditioned upon the contractor’s acceptance of the applicable wage determination.

Contractors must comply with Executive Order 11246 and implementing regulations under 41 CFR Part 60, ensuring equal employment opportunity without regard to race, color, religion, sex (including sexual orientation and gender identity), or national origin. Contractors shall take affirmative action to promote fair employment practice.

Work performed under this contract must comply with the National Environmental Policy Act (NEPA), the Texas Environmental Lead Reduction Rules (TELRR), and HUD’s Lead-Based Paint Poisoning Prevention regulations (24 CFR Part 35). Contractors are responsible for ensuring all materials, methods, and subcontractors comply with applicable environmental and safety requirements.

Contracts and subcontracts exceeding $150,000 are subject to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387). Contractors must comply with all applicable standards and report any violations to the City and HUD, which will notify the EPA as required.

Proposers applying for awards exceeding $100,000 must submit a certification that no federally appropriated funds have been used for lobbying activities related to this contract. Any lobbying with non-Federal funds must be disclosed as required under 31 U.S.C. 1352.

The City, HUD, and the U.S. Comptroller General shall have access to all books, documents, and records related to performance under this contract for audit or examination for a period of five (5) years following termination or expiration. All data and deliverables produced under this contract shall become the property of the City and may be disclosed to third parties under the Texas Public Information Act.

Contractors must comply with the Drug-Free Workplace Act (41 U.S.C. 701 et seq.), the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and all applicable civil rights statutes, including the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973.

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 9 of 14

7.0 METHOD OF AWARD - Proposals will be evaluated based on “best value” to the City. Proposals that receive less than 50% of the total available points, excluding price points, will not be considered for award.

8.0 EVALUATION FACTORS

To be considered, the Proposer must submit a complete Proposal by the stated deadline and in accordance with all Proposal requirements. All required documentation must be included for evaluation.

Proposals that meet these requirements will be evaluated based on the criteria listed below.

8.1 Price Proposal – 20 points.

8.2 Small Business Participation – 25 points.

8.3 Technical Qualifications and Experience – 20 points

Evaluation will consider the firm’s technical qualifications and relevant experience performing residential repair, rehabilitation, or disaster recovery work of similar scope and complexity.

8.4 Specialized Program Experience – 20 points.

Evaluation will consider the Proposer’s demonstrated experience working with municipal governments, federally or state-funded projects, projects involving older or historic housing stock, and home repairs for low and moderate-income populations or neighborhoods.

8.5 Financial and Administrative Capacity – 15 points.

Evaluation will consider the Proposer’s financial stability, administrative organization, and capacity to manage multiple concurrent rehabilitation projects.

9.0 CONTRACT AWARD PROCESS

9.1 The Purchasing Division will facilitate and manage the evaluation process.

9.2 An Evaluation Panel consisting of representatives from various City departments and City consultants may be appointed to review and evaluate RFP responses in accordance with this RFP. City reserves the right at its sole discretion to include additional representatives at any point during the evaluation.

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 10 of 14

9.3 The Evaluation Committee will evaluate responses and may select Proposer for onsite interviews, presentations or demonstrations.

9.4 At its sole discretion, the City may request Best and Final Offers (BAFO) from proposers whose proposals are deemed most advantageous. Contract negotiations will be based on the BAFO submissions.

9.5 The City reserves the right to negotiate all elements that comprise the successful Proposer’s response to ensure that the best possible consideration be afforded to all concerned.

9.6 The City reserves the right to shortlist firms based upon scores/ratings received during the evaluation process.

9.7 The City will notify all proposers in writing of the outcome once an award determination has been made.

10.0 PROPOSAL FORMAT AND ATTACHMENTS

To facilitate and expedite the evaluation process, Proposals should adequately address all evaluation factors and include the following list of required items that will be used as part of the evaluation. A Proposal may be deemed to be non-responsive and may be disqualified, at the City’s discretion, if the Proposal fails to comply with the following instructions.

10.1 Proposal Format Requirements

10.1.1 Proposal format shall be in font no smaller than 12 point, 8.5-inch by 11-inch paper size, with one inch margins and single-spaced for the entire submitted proposal.

10.1.2 All proposal sections shall be divided by submission titles. All pages within these sections shall be uniquely numbered for purposes of easy reference.

10.2 Response forms

10.2.1 Completed and signed RFP-03-Authorized Signature and

Questionnaire

10.2.2 Completed and signed RFP-04-Forms

10.2.3 Completed and signed RFP-06-Small Business Utilization Form

10.2.4 Completed and signed RFP-07-Exceptions

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 11 of 14

10.2.5 Completed and signed RFP-08-Reference Sheet

10.3 Technical Response

10.3.1 Statement of Qualifications describing the firm’s relevant experience performing residential repair, rehabilitation, or disaster recovery work of similar scope and complexity. Include years in business, number of employees, and areas of expertise.

10.3.2 Copy of current business license and any applicable

professional or trade licenses required to perform the categories of work proposed (e.g., general contractor, electrical, plumbing, HVAC, asbestos, mold, radon, or EPA RRP certification).

10.3.3 Identification of key personnel, including the designated Project Manager, or similar title, who will serve as the primary point of contact for the City.

10.3.3.1 Provide a brief resume for the Project Manager, or

similar title, highlighting relevant experience and certifications.

10.3.4 Description of the Proposer’s capacity to comply with HUD Section 3 requirements, including hiring or subcontracting strategies benefiting low- and very low-income persons or businesses.

10.3.5 Description of Lead-Safe Work Practices procedures and confirmation that all work will comply with HUD and EPA Lead-Safe regulations.

10.3.6 Financial documentation demonstrating the firm’s capacity to perform multiple rehabilitation projects under the HARRP Program. This will include proof of a line of credit of at least $500,000, a letter from a financial institution confirming the Proposer maintains a business banking relationship in good standing and audited or reviewed financial statements for the past two (2) years.

10.4 List of Exceptions/Substitutions/Clarifications/Additions

10.4.1 While the Scope of Services reflects the City’s anticipated needs, the City recognizes that there may be circumstances

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 12 of 14 where exceptions or alternative approaches could better serve the City’s interests. Accordingly, Proposers may identify and justify specific exceptions to the requirements outlined in this RFP for the City’s consideration.

10.4.2 If no exceptions are taken, please include a single document stating “No Exceptions taken” in the Required section.

10.4.2.1 Any exceptions to Exhibit A and/or Exhibit B will

deem the Proposer non-responsive and disqualify them from being awarded.

10.4.3 It is extremely important for the Proposer to make clear where exceptions, clarifications substitutions and/or additions to the Scope of Services, Draft Vendor Service Agreement and General Terms and Conditions are taken and how substitutions shall be provided. The City does not recognize strikeouts, deletions, or changes to Solicitation documents. Therefore, exceptions, conditions, clarifications and/or substitutions to the provisions of the City’s requirements must be clearly identified along with the proposed addition or modification. If the Proposer does not make it clear that an addition, exception or clarification is taken, the City shall assume the Proposer is responding to and shall meet the City’s stated requirements.

10.4.3.1 Identify each exception, clarification, substitution and/or addition by specifically referencing the page number, section number, subsection number, item number or letter, and, if necessary, paragraph, or line number.

10.4.3.2 Identify each item clearly as an addition, exception, clarification or substitution. It is not necessary to include the entire text of a particular section or subsection. However, for ease of reference, Proposers may use portions of the solicitation’s text, if helpful in explanation.

10.4.3.3 For substitutions/clarifications, provide an explanation of the difference between what the solicitation

RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 13 of 14 requests and what is proposed. The City is open to other means of accomplishing the requested Work.

Proposers must explain why they believe their method of accomplishing the Work is equal to or better than that specified by the City.

10.4.3.4 For any addition(s) proposed or exception(s) taken, provide a rationale in as much detail as possible.

10.4.3.5 Begin responses to the major sections of the

solicitation on a new page.

10.4.3.6 The City shall consider the number and substance of

alterations to the City’s stated requirements as a factor in determining the most advantageous response.

10.5 Pricing

10.5.1 Pricing shall be captured solely in the bid table, BT-13QY, provided with this solicitation. Each service category is listed within the bid table, followed by a space for Proposers to enter a single markup percentage.

10.5.2 Proposers shall provide a markup percentage for each service category for which they are submitting a proposal. Pricing must correspond with the categories identified in the Proposer’s technical submission. Failure to submit a markup percentage for every proposed category may result in ineligibility for award for the omitted category or categories.

10.5.3 If no markup is proposed and the Proposer accepts the City’s benchmark base rates as-is, enter ‘0’ in the markup field.

10.5.4 For transparency, the City has included Exhibit C –

Benchmark Base Rates for informational purposes only. This exhibit provides benchmark base rates for typical repair and construction items used to develop the City’s internal pricing model. These benchmark rates were established using current industry standards to ensure fairness and consistency.

10.5.5 The City’s benchmark base rates include all related costs necessary to complete the work, such as labor, materials, RFP Ref. #: 26-0005 Doc. Ref#: RFP-02 Page 14 of 14 RFP Title: Disaster Recovery – Home Repair Services equipment, overhead, and other general expenses.

10.5.6 Proposers shall not include any cost or rate information within the proposal document, attachments, or exhibits other than the markup percentages captured in the bid table.

10.5.7 The City will evaluate the reasonableness of markup

percentages in relation to industry standards, overall competitiveness, and the Proposer’s demonstrated ability to perform quality work within budget parameters.

SMALL BUSINESS PROGRAM – The City of Fort Worth has established a 30% Small Business (SB) participation goal for this solicitation. This goal reflects the City’s determination that certified Small Business Firms are available to provide the goods and/or services required under this bid. Accordingly, at least 30% of the total awarded contract value must be subcontracted or spent with a certified Small Business Firm. All provisions and requirements outlined in City Ordinance No. 27832-08-2025 apply to this solicitation. Proposers are required to submit the following documentation with their proposal:

a. Small Business Utilization form V1 (RFP-06), detailing how the Small Business goal will be achieved.

b. Current Small Business Certification issued by the North Central Texas Regional Certification Agency (NCTRCA).

Exhibit A � Compliance

ATTACHMENT A - COMPLIANCE

Attachment A: Compliance

The following sections must be included in bid documents and contracts or subcontracts involving the use of United States Department of Housing and Urban Development (HUD) Community Development Block Grant � Disaster Recovery (CDBG-DR) funds. This language comes from Appendix II to 2 CFR Part 200-Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.

1.0. Terms Applicable to Vendors, Sub vendors and Subcontractors .

Vendor understands and agrees that all terms of this exhibit, whether regulatory or otherwise, shall apply to any and all sub vendors and subcontractors which are in any way paid with CDBG-DR funds or who perform any work in connection with the Project. Vendor shall require all applicable provisions of this exhibit to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder, including if applicable, its obligations regarding the CDBG-DR Regulations, the CDBG-DR Requirements, and the City Requirements during the Contract Period of Performance. Vendor shall monitor the services and work performed by its sub vendors, subcontractors and others on a regular basis for compliance, as applicable, with the CDBG-DR Regulations, the CDBG-DR Requirements, and the City Requirements as well as the exhibit provisions. Vendor must cure all violations of the CDBG-DR Regulations committed by its sub vendors or subcontractors. Vendor acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and be applicable for the length of the project and for 4 years thereafter.

2.0. Compliance With All Applicable Laws and Regulations.

Vendor agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the term of this Contract and throughout the project.

Those laws include, but are not limited to:

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where vendors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of �federally assisted construction contract� in 41 CFR Part 60-

1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, �Equal Employment Opportunity� (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, �Amending Executive Order 11246 Relating to Equal Employment Opportunity,� and implementing regulations at 41 CFR part

60, �Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.�

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141�3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141�3144, and 3146�3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ��Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction��). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

The contracts must also include a provision for compliance with the Copeland ��Anti-Kickback�� Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ��Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States��). The Act provides that each contractor or subrecipient must 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 or she is otherwise entitled.

The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each vendor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of �funding agreement� under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that �funding agreement,� the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, �Rights to Inventions Made by Nonprofit Organizations and

Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,� and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended�Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)�A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), �Debarment and Suspension.� SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)�Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See § 200.323. Procurement of Recovered Material

(K) See § 200.216. Prohibition on certain telecommunications and video surveillance equipment or services.

(L) See § 200.322. Domestic Preference for Procurement.

(M) Additional compliance requirements:

CDBG Regulations found in 24 CFR Part 570.

Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301).

The Age Discrimination in Employment Act of 1967.

The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.).

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

(42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) (�URA�).

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable.

National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq.

(�NEPA�) and the related authorities listed in 24 CFR Part 58.

Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees.

The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A.

Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F.

Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R.

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq.

Federal Funding Accountability and Transparency Act of 2006 (�FFATA�) (Pub.L. 109- 282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101).

Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.

Public Laws Specific to Disaster Appropriations o The Disaster Relief Supplemental Appropriations Act, 2022 (Pub. L. 117� 43) approved September 30, 2021 (the ��Appropriations Act��) which made available $5,000,000,000 in Community Development Block Grant Disaster Recovery (CDBG�DR) funds.

o In March 2022, HUD allocated $2,213,595,000 in CDBG�DR funds from the Disaster Relief Supplemental Appropriations Act, 2022 (Pub. L. 117� 43 known as the ��2022 Appropriations Act��) for disasters occurring in 2021.

The Continuing Appropriations Act, 2023 (Pub. L. 117�180) approved September 30, 2022 (the ��2023 Appropriations Act��) made available $2,000,000,000 in CDBG�DR funds.] Including Executive Orders to the extent that such Orders are binding on the parties to the CDBG-DR agreement and not in conflict with prior contractual obligations.

Environmental Protection Agency (EPA) RULES

Texas Environmental Lead Reduction Rules (TELRR)

Vendor covenants and agrees that its officers, agents, employees and sub vendors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.), and the Texas Administrative Code. Vendor further promises and agrees that it has read, and is familiar with, the terms and conditions of the above-mentioned federal and state regulations.

3.0 Section 3 (24 CFR Part 75)

The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC.1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance, or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.

The vendor agrees to send to each labor organization or representative of workers with which the vendor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the vendor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The vendor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the sub vendor is in violation of the regulations in 24 CFR part 75. The vendor will not subcontract with any sub vendor where the vendor has notice or knowledge that the sub vendor has been found in violation of the regulations in 24 CFR part 75.

The vendor will certify that any vacant employment positions, including training positions, that are filled (1) after the vendor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the vendor's obligations under 24 CFR part 75.

Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

4.0 City Access to Documents and Deliverables

All information and data arising from the work performed under this Contract shall be the property of the City and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Vendor shall release and provide to City or its authorized designee all information and data related to performance under this Contract. Vendor shall not limit or attempt to limit access to information or data by the City nor shall Vendor obtain or attempt to obtain a copyright to such information or data. Vendor understands and agrees that data may be released to third parties, including but not limited to HUD at the sole discretion of City.

In the event a patentable invention is created as part of this Contract and a patent is obtained, Vendor shall notify City of the patent and the patent shall, at the sole discretion of the City, be assigned to City upon demand. City retains all rights to intellectual property developed in the course of this Contract.

In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Vendor shall notify City of the copyright and the copyright shall, at the sole discretion of City, be assigned to City upon demand. City, HUD and the United States Comptroller General, or their respective representatives, shall have access for 4 years following the termination of this Contract to any books, documents, records and papers relating to the operations of Vendor under this Contract for the purpose of audit, examination, exception and transcription at all of Vendor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract.

5.0 Right to Inspect Vendor Contracts

It is agreed that City has the right to inspect and approve in writing, prior to any charges being incurred, any proposed contracts between Vendor and (i) its Subvendors, including any lower tier sub vendors engaged in any activity that is funded as a part of the construction of the Project to ensure they contain Davis-Bacon Act and Section 3 requirements, (ii) Vendor contracts arising out of the construction of the Project, and (iii) any third party contracts to be paid with CDBG-DR Funds.

Vendor agrees that they are is bound by the terms and conditions set out in this exhibit and further agrees that this exhibit is part of the Contract Documents and is incorporated into the Agreement for all purposes.

All records pertaining to Contract, including but not limited to any books, documents, and papers, shall be retained for 4 years following the termination of this Contract. Vendor may destroy Project records at the end of this 4 year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract.

Exhibit B � Ordinance

Exhibit C – Benchmark Base Rates

Bathroom Services

DESCRIPTION Unit Benchmark Rate

Remove and Replace Vinyl floor covering (sheet goods) SF $253.84

Remove and Replace Underlayment - 3/4" OSB - tongue and groove SF $160.48

Remove and Replace Joist - floor or ceiling - 2x10 - w/blocking - 16" oc SF $273.22

Remove and Replace Drain/Vent line - PVC pipe with fitting and hanger, 2" LF $19.43

Remove and Replace Drain/Vent line - PVC pipe with fitting and hanger, 3" LF $22.99

Remove and Replace Toilet EA $660.30

Remove and Replace Batt insulation - 10" - R30 - paper / foil faced SF $139.17

Remove and Replace Baseboard - 4 1/4" LF $177.79

Replace Seal (1 coat) & paint (1 coat) baseboard LF $65.86

Remove and Replace Sink faucet - Bathroom EA $287.53

Replace Sink drain assembly with stop EA $58.79

Remove and Replace Vinyl - metal transition strip LF $13.70

Remove and Replace Vanity with cultured marble or solid surface top LF $890.68

Remove and Replace P-trap assembly - ABS (plastic) EA $88.39

Remove and Replace Plumbing fixture supply line EA $63.41

Remove and Replace Angle stop valve EA $164.85

Replace Shower pan EA $198.48

Remove and Replace Bathtub EA $1,191.85

Remove and Replace Fiberglass tub surround only EA $888.79

Remove and Replace Fiberglass shower unit EA $1,339.63

Remove and Replace Bathtub faucet (no shower) EA $296.61

Remove and Replace Shower faucet EA $300.53

Remove and Replace 1/2" Cement board SF $890.88

Remove and Replace Fiberglass reinforced plastic (FRP) paneling w/trim SF $3,693.46

Remove and Replace Handicap grab bar - Stainless steel, 1 1/2" x 24" EA $89.55

Remove and Replace Handicap grab bar - Stainless steel, 1 1/2" x 48" EA $118.86

Remove and Replace Shower door EA $639.23

Remove and Replace Bathtub enclosure - sliding glass doors EA $575.18

Replace Add on for tempered glass - per pane SF $5.64

Remove and Replace Vinyl window, picture/fixed, 3-11 sf EA $289.61

Replace Add on for tempered glass - per pane SF $5.64

EA $40.13

SF $23.88

EA $427.99

EA $119.77

EA $47.06

EA $107.40

SF $1.86

SF $1.38

Remove and Replace Towel bar

Remove and Replace Mirror - 1/4" plate glass

Remove and Replace Bathroom ventilation fan, light, and heater Remove and Replace Exhaust cap - through roof - up to 4" Remove and Replace Ground fault interrupter (GFI) outlet Replace Drywall patch / small repair, ready for paint

Replace Seal/prime (1 coat) then paint (2 coats) the surface area Replace Paint the surface area - two coats

Plumber - per hour HR $143.84

Remove and Replace Bathtub EA $1,191.85

Replace…