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R2021-241 2021-10-25
RESOLUTION NO. R2021-241 A Resolution of The City Council of the City of Pearland,Texas,renewing a bid associated with the Community Development Block Grant Program(B- 18-MC-48-0400), for Single Family Owner-Occupied Home, minor repairs and rehabilitation that benefit low-moderate income Pearland residents,to Circle Friends Construction, in the estimated amount of$185,000 00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS Section 1 That competitive bids were previously obtained for Community Development Block Grant, Single Family Owner-Occupied Home minor repairs and rehabilitation Section 2. That a bid is hereby renewed with Circle Friends Construction, in the amount of$185,000 00 Section 3. That the City Manager or his designee is hereby authorized to execute a contract with Circle Friends Construction for Single Family Owner-Occupied Home minor repairs and rehabilitation PASSED, APPROVED and ADOPTED this the 25th day of October, A.D , 2021 C C IN COLE AYOR EST ,.•`', p,R,LA/�,,'''% '; ST A ROAN, TRMC, CMC =v CITY SECRETARY pk‘ APPROVED AS TO FORM DARRIN M COKER CITY ATTORNEY Attachment A RESOLUTION NO. R2019-181 A Resolution of The City Council of the City of Pearland,Texas,awarding a bid associated with the Community Development Block Grant Program (B- 18-IVIC-48-0400), for Single Family Owner-Occupied Home, minor repairs and rehabilitation that benefit low-moderate income Pearland residents,to Circle Friends Construction, in the estimated amount of$185,000 0,0. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS Section 1 That competitive bids were obtained for Community Development Block Grant, Single Family Owner-Occupied Home minor repairs and rehabilitation Section 2. That a bid is hereby awarded to Circle Friends Construction,in the amount of $185,000 00 Section 3. That the City Manager or his designee is hereby authorized to execute a contract with Circle Friends Construction for Single Family Owner-Occupied Home minor repairs and rehabilitation. PASSED, APPROVED and ADOPTED this the 14th day of October, A.D , 2019 TOM REID MAYOR ATTEST MARIA RODRIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM DARRIN M COKER CITY ATTORNEY CONTRACT— AGREEMENT FOR HUD — FUNDED SMALL CONSTRUCTION PROJECTS between THE CITY OF PEARLAND, TEXAS and CIRCLE FRIENDS CONSTRUCTION, LLC PREAMBLE AND RECITALS THIS AGREEMENT, entered to be made effective on the 1ST day of October 2019, by and between the City of Pearland (herein called the "Grantee" and/or"City") and Circle Friends Construction, LLC (herein called the "Contractor") WHEREAS, the Grantee has applied for and received funds from the United States Government under Title 1 of the Housing and Community Development Act of 1974, Public Law 97-383 Unit of Government Code number 484080, application number B-18-MC-48-0400; WHEREAS, the primary purpose of the Community Development Block Grant (CDBG) Program, pursuant Title 1 of the Housing and Community Development Act of 1974, is to benefit low-to moderate income individuals and families, WHEREAS, the Contractor has submitted a successful bid to the Grantee for CDBG funds to provide the above program, that has subsequently endured successful review and approval by-U S Department of Housing and Urban Development, and will perform the services in a manner satisfactory to the Grantee and the Grantor; WHEREAS,the Contractor has stated its intention to ensure the completion and compliance with federal, State and local requirements, to document compliance with service area and low- and moderate-income persons-and households that meet one of the criteria for National Objectives set out in 24 C F R. 570 20B (a) in addition to the federal Uniform Administrative Requirements (UAR) as set forth in 2 CFR Part 200; and WHEREAS, the Contractor shall ensure recognition of the role of the Grantee in providing services through this contract, prominently labeling all activities, facilities and items utilized pursuant to this contract recognizing the source of funds as City of Pearland CDBG NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed between the parties hereto that: ARTICLE 1- PROJECT SECTION 1 SCOPE OF SERVICE A. Activities 1 Program Delivery Activity#1 Provide minor repairs and rehabilitation services to qualified, City-approved, low- moderate income residents that are owners and occupants of single-family homes within the corporate boundaries of the City of Pearland (Exhibit A — Attached) City of Pearland,Texas Page 1 of 27 Contractor Agreement Summary of Contract Terms Contractor Name Circle Friends Construction Services & Address 13831 Rosemere Lane Houston, TX 77047 Federal I D # 26-0156843 DUNS #799127480 Description of Services' Single Family Owner-Occupied Housing Repair Services, per bid#0619-41, Resolution R2019-181 Contract Amount: Unit Price Contract, Estimated at $185,000 Extension/Renewal Two renewal options. Additional Contract Documents Contractor's Proposal/Response to Bid#0619-41 Resolution R2019-181 and Exhibit A—Scope of Work Contractors Certificate of Insurance — Listing the City of Pearland as Additional Insured 2. Administration The Contractor is required to administer the financial, programmatic and regulatory compliance measures necessary to meet HUD National Objectives as an independent contractor, and not as an officer, agent, servant or employee of the Grantee 3 Income Benefit Goals It is anticipated that approximately 15 unduplicated low-to moderate-income clients will be served over the course of this 12-month Agreement. The goal is to serve 15 clients at the 0-80% area median income (AMI) level (low-moderate income) B Standard Contractual Provisions— Local Policies 1 Definitions. Contract means this Standard Contract for Construction Services Services means the services for which the City solicited bids or received proposals as described in Exhibit "A" attached hereto 2 Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code City of Pearland, Texas Page 2 of 27 Contractor Agreement 3 Termination Provisions. (a) City Termination for Convenience Under this paragraph,the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination (b) Termination for Default Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party (c) Multi-Year Contracts and Funding If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. 4 Liability and Indemnity Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance ofr this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's acts or omissions in the performance of this Contract in accordance with applicable law This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third-party defendant as allowed by law 5 Assignment. Contractor shall not assign this Contract without the prior written consent of the City 6 Law Governing and Venue This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas 7 Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations or contracts, either written or oral This Contract may be amended only by written instrument signed by both parties 8 Independent Contractor Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City The City has no right to supervise, direct.or control City of Pearland,Texas Page 3 of 27 Contractor Agreement the Contractor or Contractor's officers or employees in the means methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees 9 Dispute Resolution Procedures The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties The parties will each pay one-half of the mediator's fees 10 Attorney's Fees. Should,either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. 11 Severability If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties C National Objectives All activities funded with CDBG funds must meet one of the CDBG program's National Objectives benefit low- and moderate-income persons, aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570 208 The Contractor certifies that the activity/activities carried out under this Agreement will meet the HUD Low-Moderate Income National Objective via Matrix Code 14H (Housing Rehabilitation) D Goals and Performance Measures The Contractor agrees to provide the following levels of program services: Activity Units per Month Total Units/Year Activity #1 1-2 15 E. Performance Monitoring The Grantee will monitor the performance of the Contractor against goals and performance standards as stated above Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the Grantee, suspension or termination procedures will be initiated F Special Conditions The City requires that any and all activities involving construction projects be subject to local permitting and planning ordinances/requirements, and that the Contractor incur such costs. The federal rules governing federally-assisted construction projects shall apply, and the City is not responsible for the Contractor's compliance with any federal, State and/or local rules, regulations and/or laws. City of Pearland,Texas .Page 4 of 27 Contractor Agreement SECTION 2: PROJECT DESCRIPTION Type of Project: Housing Enforcement and Rehabilitation Opportunities (HERO) Program Project Location City-Wide based on approval by City of Pearland Service Area City-Wide Matrix Code 14H (Housing Rehabilitation Amount Funded $185,000 Basic Eligibility Citation 24 CFR 570 201(k) Housing Services SECTION 3 TERM OF AGREEMENT The term of this Agreement is October 1, 2019 through September 30, 2020 The term of this Agreement may be extended should additional time for auditing this project be required, in accordance with law; this Agreement shall be deemed automatically extended until such time as the said audit shall be completed The provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of CDBG funds or other CDBG assets including program income. Additionally, the Grantee has monitored and cleared the Contractor of any and all applicable audit findings and/or concerns related to review and inspection of the Contractor's management and oversight of CDBG funds Otherwise, should the aforementioned provisions not be met in a timely manner, pursuant 24 CFR 570 902, any projects or capital improvement cost paid with more than $20,000 and up to $50,000 in CDBG funds must be able to provide benefits to low- and moderate-income persons or areas for a minimum of five (5)years at the project site. For projects exceeding$50,0.00 and up to$100,000 in CDBG • funds,the minimum continuing use is ten (10)years Projects that exceed $100,000 to$150,000 in CDBG funds must be held in the same use for at least fifteen (15) years. Projects that are over $150,000 to $200,000 in CDBG funds must be held in the same use for twenty(20) years. Projects that have$200,000 or more in CDBG funds must continue to serve the low- to moderate-income population for a minimum of twenty-five(25)years For each project subject to this Agreement, CDBG funds must be able to provide benefits to low- and moderate-income persons or areas for a minimum of five(5)years at the project site. SECTION 4. PROGRAM REPORTING The Contractor shall submit such reports as required by the City to meet its local obligations and its obligations to HUD The City will prescribe the report format, as well as the time and location for submission of such reports Required reports include, but are not limited to the following A. Quarterly reports which shall include the progress made to date, or justification for lack of progress in providing the services specified in Article 1, Section 1 Scope of Services of this Agreement B Quarterly reports on the number of projects and persons assisted by the Contractor through this Agreement. C Closeout reports including a final performance report, inventory of all property acquired or improved by CDBG funds, and final financial report. upon termination or completion of the award City of Pearland,Texas Page 5 of 27 Contractor Agreement ARTICLE 2- FINANCIAL MANAGEMENT SECTION 1 PAYMENTS AND BUDGET A. General Statement The City shall reimburse the Contractor allowable costs for services identified in this Agreement not to exceed One Hundred and Eighty-Five Thousand Dollars ($185 000) upon presentation of properly executed reimbursement forms provided and approved by the City Such reimbursement shall constitute full and complete payment by the City under this Agreement.Allowable costs shall mean those necessary and proper costs identified in the Contractor's application and budget and approved by the City unless any or all such costs are disallowed by the State of Texas or HUD Any reimbursement made under this Agreement must comply with the applicable requirements of 24 CFR Part 85 The Contractor may not request disbursement of funds under this Agreement until the funds are needed for payment of allowable costs B Payments Reimbursement request must be submitted to the City of Pearland in accordance with instructions to be provided to the Contractor under separate cover Reimbursement payments shall be made to Circle Friends Construction Services Drawdowns for the payment of allowable costs shall be made against the line item budgets specified in Paragraph C, below, herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph C and in accordance with performance C Budget Line Item Amount: Construction $185,000 In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Contractor shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee Any amendments to the budget must be approved in writing by both the Grantee and the Contractor D Closeout Upon termination of this Agreement, in whole or in part for any reason including completion of the project, the following provisions may apply. A. Upon written request by the Contractor, the City shall make or arrange for payments to the Contractor of allowable reimbursable costs not covered by previous payments, B Disposition of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), C The Contractor shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City or its designee, and City of Pearland,Texas Page 6 of 27 Contractor Agreement D Closeout of funds will not occur unless all requirements of 24 CFR 92.507 are met and all outstanding issues with the Contractor have been resolved to the satisfaction of the City The Contractor's obligation to the Grantee shall not end until all closeout requirements are completed Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Contractor has control over CDBG funds, including program income SECTION 2: DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, invoices vouchers or other official documentation, as evidence of the nature and propriety of the charges All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible and upon reasonable notice, the City and HUD shall have the right to audit the records of the Contractor as they relate to the Agreement and the activities and services described herein The Contractor shall also A. Maintain an effective system of internal fiscal control and accountability for all CDBG funds and property acquired or improved with CDBG funds, and make sure the same are used solely for authorized purposes. B Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the Contractor's accounting records C Maintain payroll, financial, and expense reimbursement records for a period of five (5)years after receipt of final payment under this Agreement. D Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City or HUD at any time during normal business hours and as often as necessary E. Inform the City concerning any funds allocated to the Contractor, that the Contractor anticipates will not be expended during the term of this Agreement, and permit the reassignment of the same by the City to other Contractors F Repay the City any funds in its possession at the time of the termination of this Agreement that may be due to the City or HUD SECTION 3 REIMBURSEMENT The City shall reimburse the Contractor only for actual incurred costs upon presentation of properly executed reimbursement forms as provided and approved by the City Only those allowable costs directly related to this Agreement shall be paid The amount of each request must be limited to the amount needed for payment of eligible costs In the event that the City or HUD determines that any funds were expended by the Contractor for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or HUD may order repayment of the same The Contractor shall remit the disallowed amount to the City within thirty (30) days of written notice of the disallowance City of Pearland,Texas Page 7 of 27 Contractor Agreement SECTION 4. PROGRAM INCOME The Contractor shall report monthly on all program income (as defined at 24 CFR 570 500(a))generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Contractor shall comply with the requirements set forth at 24 CFR 570 504, 2 CFR 200 80 and 2 CFR 200 307 By way of further limitations, the Contractor may use such income only during the term of this Agreement and only for activities permitted under this Agreement and shall reduce requests for,additional funds by the amount of any such program income balances on hand All unexpended program income shall be returned to the City at the completion of the Agreement.Any interest earned on cash advances from the U S Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee ARTICLE 3- GENERAL CONDITIONS AND REQUIREMENTS SECTION 1. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery or sent by electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below unless otherwise modified by subsequent written notice Grantee/City Contractor 1St Level Rance Rhame(rrhame@pearlandtx.gov) Derek Jackson 2nd Level Joel Hardy (jhardy@pearlandtx.gov) 3rd Level Jon Branson abranson@pearlandtx.gov) Address 3519 Liberty Drive Pearland, TX 77581 SECTION 2 GENERAL CONDITIONS A. General Compliance The Contractor agrees to comply with the requirements of Title 24 of the.Code of Federal Regulations, Part 570 (the U S Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart J and subpart K of these regulations, except that (1) the Contractor does not assume the recipient's environmental responsibilities described in 24 CFR 570 604 and (2) the Contractor does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 The Contractor also agrees to comply with all other applicable Federal, State and local laws, regulations and policies governing the funds provided under this Agreement. The Contractor further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available The Contractor shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments agencies, administrations, and commissions relating to the CDBG Program The applicable laws and regulations include, but are not limited to. City of Pearland,Texas Page 8 of 27 Contractor Agreement • 2 CFR Part 200 • 24 CFR Part 570, • 24 CFR Parts 84 and 85, • OMB Circular A-87 "Cost Principles for State and Local Governments," or OMB Circular A- 110, or OMB Circular A-122 "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 'Cost Principles for Educational Institutions" • OMB Circular A-128, "Audits of State and Local Governments" or OMB Circular A-133"Audits of Institutions of Higher Education and Other Non-Profit Institutions", • The Davis-Bacon Fair Labor Standards Act; ■ The Contract Work Hours and Safety Standards Act of 1962; • Copeland "Anti-Kickback"Act of 1934, ■ Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), • Title VI of the Civil Rights Act of 1964, (Public Law 88-352 implemented in 24 CFR Part 1) • Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (Public Law 90-234 and Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107), • Sections 104(b) and 109 of the Housing and Community Development Act of 1974, • Section 3 of the Housing and Urban Development Act of 1968 • Equal employment opportunity and minority business enterprise regulations established in 2 C F R. Part 200, Appendix 11, C and24 CFR part 570 904, • Non-discrimination in employment, established by Executive Order 11246 (as amended by Executive Orders 11375 and 12086) • Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility; • The Architectural Barriers Act of 1968, • The Americans With Disabilities Act (ADA) of 1990 • The Age Discrimination Act of 1975 as amended; • National Environmental Policy of 1969 (42 USC 4321 et seq ), as amended • Lead Based paint regulations established in 24 CFR Parts 35, 570 608, and 24 CFR 982 401, • Asbestos guidelines established in CPD Notice 90-44, ■ HUD Environmental Criteria and Standards (24 CFR Part 51), • The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; • Historic Preservation Act of 1966, as amended, and related laws and Executive Orders, ■ Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq ), = Flood Disaster Protection Act of 1973 B "Independent Contractor" Nothing contained in this Agreement is intended, nor shall be construed in any manner to create or establish the relationship of employer/employee between the Grantee and the Contractor The Contractor shall, at all times, remain an "independent contractor"with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Contractor is an independent contractor C Hold Harmless To the extent permitted by law, the Contractor agrees to hold harmless, defend and indemnify the City and its appointed and elected officers and employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of any actions claims, lawsuits, damages, charges and judgments whatsoever that arise out of the Contractor's performance or nonperformance of the services or subject matter called for in this Agreement. City of Pearland,Texas Page 9 of 27 Contractor Agreement D Workers' Compensation The Contractor shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E Insurance & Bonding The Contractor shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Contractor shall comply with the bonding and insurance requirements of 24 CFR 84 31 and 84 48 The certificates of insurance shall be provided to the City by the Contractor's insurance agent or carrier as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. Insurance limits must be on each Certificate of Insurance Each Certificate of Insurance shall be reviewed and approved by the City prior to commencement of this Agreement. No other form of certificate shall be used The Contractor will not be relieved of any liability, claims, demands, or other obligations assumed by its failure to procure or maintain insurance, or its failure to procure or maintain insurance in sufficient amounts, durations or types Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions and minimum limits will constitute a material breach of this Agreement, upon which the City may immediately terminate this contract. F Licensing The Contractor agrees to comply with and obtain at its own expense, if necessary, all applicable Federal, State, City or Municipal standards for licensing certifications and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services In the event of an investigation or suspension regarding any Contractor license related to the services for which the City is providing funding under this Agreement. the City may terminate this Agreement and withhold further Agreement funds In addition, monies already received under this Agreement may be owed back to the City G Amendments The parties may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Contractor from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, State or local governmental guidelines, policies or available funding amounts, or for other reasons If such amendments result in a change in the funding, the scope of services or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Contractor City of Pearland,Texas Page 1 D of 27 Contractor Agreement H Failure to Perform In the event of a failure by the Contractor to comply with any terms or conditions of this Agreement or to provide in any manner activities or other performance as agreed herein the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all.or part of the Agreement, or prohibit the Contractor from incurring additional obligation of funds until the City is satisfied that corrective action has been taken or completed The option to withhold funds is in addition to, and not in lieu of the City's right to suspend or terminate this Agreement. The City may consider performance under this Agreement when considering future awards I Suspension or Termination The Grantee may pursue such remedies as are available to it in accordance with 2 CFR Part 200, Appendix II, ¶ A and 24 CFR 85 43, including but not limited to suspension or termination of this Agreement, if the Contractor materially fails to comply with any terms or conditions of this Agreement. which include, but are not limited to, the following A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time, B. Failure, for any reason, of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; C Ineffective or improper use of funds provided under this Agreement; D Submission by the Contractor to the Grantee reports that are incorrect or incomplete in any ' material respect; or E. Failure to take satisfactory corrective action as directed by the City In accordance with 2 C F R. Part 200, Appendix II, ¶ B and 24 CFR 85 44, this Agreement may also be terminated for convenience by either the Grantee or the Contractor, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated If in the case of a partial termination, however the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Agreement but prior to its normal completion, the City may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provisions of this agreement. Termination under this Section shall be effective upon receipt of written notice In the case of a suspension or termination, monies already received under this Agreement may be owed back to the City and the City may also declare the Contractor ineligible for further participation in the CDBG program City of Pearfand,Texas Page 11 of 27 Contractor Agreement SECTION 3 ADMINISTRATIVE REQUIREMENTS A. Financial Management 1 Accounting Standards The Contractor agrees to comply with 24 CFR 84 21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred 2. Cost Principles The Contractor shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations,"or A-21, "Cost Principles for Educational Institutions," as applicable These principles shall be applied for all costs incurred whether charged on a direct or - indirect basis B. Documentation and Record Keeping 1. Records to be Maintained The Contractor shall maintain all records required by the Federal regulations specified in 24 CFR 570 506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not be limited to ■ Records providing a full description of each activity undertaken • Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program, • Records required to determine the eligibility of activities • Records required to document the acquisition improvement, use or disposition of real property acquired or improved with CDBG assistance, • Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, ■ Financial records as required by 24 CFR 570 502, and 24 CFR 84 21-28, and • Other records necessary to document compliance with Subpart K of 24 CFR Part 570 2. Retention The Contractor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5)years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time Notwithstanding the above, if there are litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five year period., City of Pearland,Texas Page 12 of 27 Contractor Agreement then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, Whichever occurs later 3 Client Data The Contractor shall maintain client data demonstrating client eligibility for services provided Such data shall include, but not be limited to client name, address, income level or other basis for determining eligibility demographic information and description of service provided Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Contractor understands that client information collected under this contract is private and the use or disclosure of such information when not directly connected with the administration of the Grantee's or Contractor's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a.responsible parent/guardian 5 Audits & Inspections All Contractor records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, and the Comptroller General of the United States or any of their authorized representatives at any time during normal business hours as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Contractor within thirty (30) days after receipt by the Contractor Failure of the Contractor to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Contractor hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Contractor audits and OMB Circular A-133 C Grievance The Contractor will have processes in place grievance procedures which receive, document and utilize the input from beneficiaries affected by the program or project covered under this Agreement. This may include, but not be limited to the Contractor providing the beneficiary with the Contractor's proper contact information for accepting a written complaint or grievance, the filing and record retention of said grievance, and the transmission of that same documentation to the Grantee, immediately D Procurement 1 Compliance The Contractor shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non,expendable personal property as defined by such policy as may be procured with funds provided herein All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2 OMB Standards Unless specified otherwise within this agreement, the Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84 40-48 City of Pearland,Texas Page 13 of 27 Contractor Agreement 2. Debarment and Suspension Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989)at 2 C F R Part 180 and the Department of Homeland Security's regulations at 2 C F R. Part 3000 (Non-procurement Debarment and Suspension) These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities See 2 C F R. Part 200, Appendix II, ¶ H, and Procurement Guidance for Recipients and Contractors Under 2 C F R. Part 200 (Uniform Rules) Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6 d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement] A contract award must not be made to parties listed in the SAM Exclusions SAM Exclusions is the list maintained by the General Services Administration that 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 SAM exclusions can be accessed at www sam gov See 2 C F R. § 180 530, PDAT Supplement, Chapter IV, ¶ 6 d and Appendix C, ¶ 2. a. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and Contractors The key to the exclusion is whether there is a'"covered transaction,"which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier Although"covered transactions"do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and Contractor b Specifically, a covered transaction includes the following contracts for goods or services a The contract is awarded by a recipient or Contractor'in the amount of at least$25,000 b The contract requires the approval of FEMA, regardless of amount. c. The contract is for federally-required audit services. d A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or Contractor and requires either the approval of FEMA or is in excess of $25,000 i The following provides a debarment and suspension clause It incorporates an optional method of verifying that contractors are not excluded or disqualified "Suspension and Debarment 1 This contract is a covered transaction for purposes of 2 C F R. pt. 180 and 2 C F R. pt. 3000 As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C F R. § 180 995), or its affiliates (defined at 2 C F R. § 180 905) are excluded (defined at 2 C F R. § 180 940) or disqualified (defined at 2 C F R § 180 935) 2. The contractor must comply with 2 C F R. pt. 180, subpart C and 2 C F R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into 3 This certification is a material representation of fact relied upon by (insert name of Contractor) If it is later determined that the contractor did not comply with 2 C F R. pt. 180, subpart C and 2 C F R pt. 3000, City of Pearland,Texas Page 14 of 27 Contractor Agreement subpart C, in addition to remedies available to (name of state agency serving as recipient and name of Contractor), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4 The bidder or proposer agrees to comply with the requirements of 2 C F R. pt, 180, subpart C and 2 C F R, pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions" E. Travel No funds shall be budgeted for reimbursement of the Contractor's travel in this Agreement. F Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570 502, 570 503, and 570 504, as applicable, which include but are not limited to the following A. The Contractor shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination B Real property under the Contractor's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate] If the Contractor fails to use CDBG assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Contractor shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property Such payment shall constitute program income to the Grantee The Contractor may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. C In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment) Equipment not needed by the Contractor for activities under this Agreement shall be(1)transferred to the Grantee for the CDBG program or (2) retained after compensating the Grantee in an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment, SECTION 4. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Contractor agrees to comply with (1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570 606(b), (2) the requirements of 24 CFR 570 606(c) governing the Residential Anti- City of Pearland,Texas Page 15 of 27 Contractor Agreement subpart C, in addition to remedies available to (name of state agency serving as recipient and name of Contractor), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4 The bidder or proposer agrees to comply with the requirements of 2 C F R. pt. 180, subpart C and 2 C F R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions" E Travel No funds shall be budgeted for,reimbursement of the Contractor's travel in this Agreement. F Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570 502 570 503, and 570 504, as applicable, which include but are not limited to the following A. The Contractor shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. B. Real property under the Contractor's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570 208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate] If the Contractor fails to use CDBG assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time the Contractor shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non CDBG funds for acquisition of, or improvement to, the property Such payment shall constitute program income to the Grantee The Contractor may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate] C In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is, sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment) Equipment not needed by the Contractor for activities under this Agreement shall be(1)transferred to the Grantee for the CDBG program or (2) retained after compensating the Grantee in an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. SECTION 4. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Contractor agrees to comply with (1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570 606(b), (2) the requirements of 24 CFR 570 606(c) governing the Residential Anti City of Pearland,Texas Page 1 of 27 Contractor Agreement E Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or a benefit under this Agreement. F Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this agreement. If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor The Contractor shall take such actions as may be required to ensure full compliance with the provisions, including sanction for noncompliance 3 Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P L. 88- 352) and 24 CFR 570 601 and 570 602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants The Contractor, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4 Section 504 The Contractor agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U S C 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program The Grantee shall provide the Contractor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. 5. Architectural Barriers Act/Americans with Disabilities Act The Contractor shall meet the requirements, whe're applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570 614 A building or facility designed, constructed, or altered with funds allocated or reallocated under CDBG program after December 11, 1995 and that meets the definition of a"residential structure" as defined in 24 CFR Part 40 2 or the definition of a "building" as defined in 41 CFR Part 101-19 602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards The Americans with Disabilities Act("ADA') (42 USC 12131, 47 USC 155, 210, 218, and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense City of Pearland,Texas Page 17 of 27 Contractor Agreement B Affirmative Action Approved Plan The Contractor agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24;1966 2. Women- and Minority-Owned Businesses (W/MBE) The Contractor will use its best efforts to afford small businesses, minority business enterprises, and Women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U S C 632) and "minority and women a business enterprise" means a business at least fifty- one (51) percent owned and controlled by minority group members or women For the purpose of this definition, "minority group members' are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians The Contractor may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation 3 Access to Records The Contractor shall furnish and cause each of its own Contractors or subcontractors to furnish ail information and reports required hereunder and will permit access to its books records and accounts by the Grantee, HU❑ or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules regulations and provisions stated herein 4 Notifications The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The regulation at 41 C F R. § 60-1 3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that it is an Equal Opportunity and Affirmative Action employer City of Pearland,Texas Page 18 of 27 Contractor Agreement The Contractor shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) and will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination Such employment practices include but are not limited to the following hiring upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause 6. Subcontract/Provisions The Contractor will include the provisions of Section 5 A. Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own Contractors or subcontractors. C Employment Restrictions 1 Prohibited Activity The Contractor is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities The Byrd Anti-Lobbying Amendment, 31 U S C § 1352 (as amended) is applicable to any and all Contractors who apply or bid for an award of $100 000 or more Such Contractors shall 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 shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award Such disclosures are forwarded from tier to tier up to the recipient. 2. Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U S C 327 et seq ) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti-Kick Back Act (18 U S C 874 et seq ) and its implementing regulations of the U S Department of Labor at 29 CFR Part 3 The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing.less than eight (8) units all contractors engaged under contracts in excess of City of Pearland,Texas Page 19 of 27 Contractor Agreement $2,000 00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee in 2 CFR Part 200, Appendix [I, ¶ D, pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers, provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph 3. Drug-Free Workplace The Contractor will or will continue to provide a drug-free workplace by. A. Maintaining a Zero Tolerance Drug Policy; B Posting in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees far violations of such prohibition, C Stating in all solicitations or advertisements for employees or subcontractors placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace, D Establishing an ongoing drug-free awareness program to inform employees about: ■ The dangers of drug abuse in the workplace; ■ The Contractor's policy of maintaining a drug-free workplace, ■ Any available drug counseling, rehabilitation, and employee assistance programs, and ■ The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, E. Including the provisions of the foregoing clauses in all third-party contracts, subcontracts, and purchase orders that exceed ten thousand dollars ($10,000 00) so that the provisions will be binding upon each subcontractor or vendor 4. "Section 3" Clause A. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued thereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Contractor and any of the Contractor's Contractors and subcontractors Failure to fulfill these requirements City of Pearland,Texas Page 20 of 27 Contractor Agreement shall subject the Contractor and any of the Contractor's Contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided The Contractor certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements The Contractor further agrees to comply with these 'Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U S C 1701) Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located " The Contractor further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs The Contractor further agrees to award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located, where feasible, priority should be given to business concerns that provide economic opportunities to low-and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs The Contractor certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements B Notifications The Contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training City of Pearland,Texas Page 21 of 27 Contractor Agreement C Subcontracts The Contractor will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency The Contractor will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations D Conduct '! Assignability The Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee, provided, however, that claims for money due or to become due to the Contractor from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval Notice of any such assignment or transfer shall be furnished promptly to the Grantee All terms and conditions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement. 2. Subcontracts A. Approvals The Contractor shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the Grantee prior to the execution of such agreement. B Monitoring The Contractor will monitor all subcontracted services on a regular basis to assure contract compliance Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance C Content The Contractor shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. D Selection Process The Contractor shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. City of Pearland,Texas Page 22 of 27 Contractor Agreement 3 Hatch Act The Contractor agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U S C 4 Conflict of Interest The Contractor agrees to abide by the provisions of 24 CFR 84 42 and 570 611, which include, but are not limited to the following A. The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds B No employee, officer or agent of the Contractor shall participate in the selection, the award or the administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved C No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant. officer, or elected or appointed official of the Grantee, the Contractor or any designated public agency 5. Lobbying The Contractor hereby certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 contract, the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; B If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, `Disclosure Form to Report Lobbying," in accordance with its instructions, and C It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts subgrants, and City of Pearland,Texas Page 23 of 27 Contractor Agreement contracts under grants, loans, and cooperative agreements) and that all Contractors shall certify and disclose accordingly. D Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S C Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100 000 for each such failure 6 Grantee Recognition The Contractor shall ensure recognition of the role of the City in providing services through this Agreement. All activities facilities and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In addition the Contractor will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. 7 Copyright If this Agreement results in any copyrightable material or inventions, the Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, the work or materials for governmental purposes 8 Religious Activities The Contractor agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570 200(j), such as worship, religious instruction, or proselytization In addition to and not in substitution for, other provisions of this Agreement regarding the provisions of services utilizing CDBG funds the Contractor agrees that, in connection with such services A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion B It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion, C It will provide no mandatory religious instruction or counseling, conduct no religious worship or services engage in no religious proselytizing, and exert no other religious influence in the provision of such services City of Peariand,Texas Page 24 of 27 Contractor Agreement 9 Other Program Requirements The Contractor shall carry out each activity in compliance with all Federal laws and regulations described in 24 CFR 570 Subpart K, regardless if the law is specifically stated in this Agreement, except that: A. The Contractor does not assume the City's environmental responsibilities described in Section 570 604, and B. The Contractor does not assume the City's responsibility for initiating the review process under Executive Order 12372 SECTION 6 ENVIRONMENTAL CDBG regulations require the preparation of a project Environmental Review Record (ERR) and environmental clearance before funds are expended or costs incurred The overall governing legislation is the National Environmental Policy Act (NEPA) City staff will complete the ERR. The time required for completion of the ERR can vary from a week to a few months If the initial Environmental Assessment determines that an Environmental Impact Statement (EIS) or a Biological Assessment (BA) is necessary, the Contractor will be required to make appropriate budget modifications to assure the costs of the EIS or BA are paid for from project funds After completing the ERR, the City may publish a notice of a Finding of No Significant Environmental Impact(FONSI) in a local newspaper declaring the intent to request release of project funds from HUD After the release of the funds by HUD, the City will send the Contractor a written notice to begin the project. Contractors shall not implement any project activities or incur any project costs until receipt of the notice to proceed The City must also determine whether the project meets other applicable statutory and regulatory requirements which include by are not limited to the following A. Air and Water The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: ■ Clean Air Act, 42 U S C , 7401, et seq and 2 C F R. Part 200, Appendix II, ¶G; ■ Federal Water Pollution Control Act, as amended, 33 U S C 1251, et seq , as amended, 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; ■ Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended B Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U S C 4001), the Contractor shall assure that far activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation) City of Pearland,Texas Page 25 of 27 Contractor Agreement C Lead-Based Paint The Contractor agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570 608, and 24 CFR Part 35, Subpart B Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include-lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted D Historic Preservation The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U S C 470) and the procedures set forth in 36 CFR Part 800 Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State's designated office for dealing with Historic Preservation, for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. SECTION 7 HANDBOOK RECEIPT CERTIFICATION The Contractor certifies that it has received the HUD published "Paying by the Rules" in either print or electronic format from the Grantee. The Contractor further certifies and agrees that it is the Contractor's obligation as a part of this Agreement to read and understand the Handbook. SECTION 8 SEVERABILITY It is understood and agreed by the parties that if any part, term or provision of this Agreement is held by the courts to be invalid, illegal or in conflict with any law, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION 9 WAIVER The Grantee's failure to act with respect to a breach by the Contractor does not waive its right to act with respect to subsequent or similar breaches The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision SECTION 10 SUCCESSORS This Agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and successors SECTION 11 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Grantee and the Contractor for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications City of Pearland,Texas Page 26 of 27 Contractor Agreement and proposals, whether electronic, oral, or written between the Grantee and the Contractor with respect to this Agreement. SECTION 12: NO THIRD-PARTY BENEFICIARIES Except as expressly provided otherwise,this Agreement is intended to be solely for the benefit of the parties and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy, claim, cause or action or other right. SECTION 13: GOVERNING LAW AND JURISDICTION This Agreement shall be construed in accordance with the laws of the State of Texas. In the event of any dispute over the Agreement's terms and conditions,the exclusive venue and jurisdiction for any litigation arising thereunder shall be in the District Court of Brazoria County, and, if necessary for exclusive federal questions, the United States District Court for the District of Texas. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory GRANTEE. City of Pearland, Texas Federal I.D #74-6028909 CITY NA DATE 0.4 PRINTED NAME Approved as to Form and Legal Sufficiency' . 3— 1 CITY ATTORNEY DATE f ,ct 't air— PRINTED NAME CONTRACTOR: Circle Friends Construction, LLC. alt 11e/ AUTHOR,"'-R OFFICIAL TITLE Derek ./'ucLs'a i i/-/s-/9 PRINTED NAME DATE City of Pearland,Texas Page 27 of 27 Contractor Agreement EXHIBIT A CONTRACTOR'S SCOPE OF WORK Contractor is to perform construction related services per the terms and conditions of the City of Pearland bid# 0619-41 and Contractor's response to the same, as well as "Standards for Program Operation and Execution of Repairs" Pricing is as follows per contractor's response to the same, as listed on the attached pages. EXHIBIT A Bid# 0619-41 CONTINUED Circle Friends Construction Line Items Services Line Description Note to Bidder UOM QTY Unit Cost 1 Base Bid — - 1^Access Ramp 36" Width, Metal with anti- 1 1 _slip surface or equal material - ; 2' Length EA i 1 $200 00 Access Ramp 36" Width, Metal with anti- i 1.2 slip surface or equal material 14' Length EA _ 1 $450 00 i Access Ramp 36"Width, Metal with anti- 1 3 slip surface or equal material ; 6' Length EA 1 $650 00 Access Steps 36"Width, Metal with anti- 1 4 slip surface or equal material. 120" D EA 1 $900 00 Replace threshold at entry door way Install ADA compliant threshold unit. Secured to subfloor Inclusive of necessary weather- 1 5 , stripping to seal properly below door 4"x 1/4"H Metal EA 1 $150 00 1 6 Dishwasher White/Black EA 1 $500 00 1 7 Fridge/Freezer White/Black, w/o ice maker EA 1 $900 00_ 1 8 Oven Range White/Black Gas EA 1 $700 00 1 9 Oven Range White/Black _ Electric EA 1 1 $700 00 1 10 Range Hood Over the Range EA 1 $400 00 1 11 Microwave Over the Range w/vent fan EA 1 $600 00 Replace existing garbage disposal unit, including new electrical, plumbing supply 1 12 and drain hook ups 1/3 HP EA 1 $800.00 Replace existing garbage disposal unit, including new electrical, plumbing supply, 1 13 and drain hook ups ' 1/2 HP EA 1 $900.00 Replace existing garbage disposal unit, including new electrical, plumbing supply, 1 14 and drain hook ups - 3/4 HP EA 1 $950.00 15 Door Casing Trim, white or_paint to match Vinyl-2 25" LF 1 $20 00 1 16 Door Casing Trim, white or paint to match Wood_2.25" LF 1 ; $25.00 Removal of debris, whether sourced from materials/debris prohibiting repair activities, 1 17 or other coverable activity Per Cu Yd _ CY 1 ] $20.00 1 18 Gutters 4"width Metal _ LF I 1 $20 00 1 19 Gutters 4"width Downspout EA J 1 $30.00 _ 1.20 Gutters 4"width _ Vinyl LF � 1 $20 00 1.21 Gutters 4"width Downspout EA ; 1 $30 00 Sheetrock 1/2"tape float, texture as w/removal of 1.22 needed, prime, and paint to match existing material SF 1 $5.00 Installation w/o Sheetrock 1/2"tape. float, texture as removal of 1.23 needed,_prime, and paint to match existing material SF 1 $4.00 Backer Board 112"fiberglass or similar , mold/mildew/moisture resistant for installation in wet areas. (Not inclusive of final wall covering if other than w/ removal of 1.24 texture/paint) existing material SF 1 $2.00 Backer Board 112"fiberglass or similar mold/mildew/moisture resistant for installation in wet areas. (Not inclusive of Installation w/o final wall covering if other than removal of 1.25 texture/paint) existing material SF 1 $2.00 Wainscot MDF(medium density fiber) w/removal of 1.26 product or similar existing material SF 1 $2.00 Installation w/o Wainscot MDF(medium density fiber) removal of 1.27 product or similar existing material SF 1 $2.00 Wood Panel 4'x 8' sheet paneling for interior walls, paint to match, seal as necessary MDF, Hardboard, or Wood w/removal of j 1.28 panel sheets. _ existing material J SF 1 _ $3.00 Wood Panel 4'x 8' sheet paneling for i interior walls paint to match, seal as Installation w/o necessary MDF Hardboard, or Wood removal of i 1 29 panel sheets. existing material SF 1 $3,00] Ceiling R-38 equivalent depth/product, R- s 30 where insulation extends over top wall : i plates and 100% of ceiling area requiring i Blown-In i i 1 30 ; insulation I Fiberglass SF j 1 $1 00 , Ceiling R-38 equivalent depth/product, R- ' 4 30 where insulation extends over top wall plates and 100% of ceiling area requiring 1 31 insulation Batt Fiberglass SF 1 $1 00 } Wall R-13 equivalent insulation factor filling 1 32 cavity Batt Fiberglass 1 SF 1 1 $2.00 1 33 Ceiling Fan - 52 in - EnergyStar Rated 1 EA 1 $400.00 • Flush Mount Light Fixture - Value Product. 1 34 Energy Star if available, of like-kind j_EA _ 1 $200 00 Wall Sconce- Interior, Value Product, I 1 35 Energy Star if available, of like-kind EA 1 $200.00 I Vent Fan - Minimum 50 cfm intermittent or 20 cfm continuous exhaust rating, Energy Star (not including wiring for new install- 1 36 Only price for basic replacement) w/Light_ EA 1 ; $450 00 Vent Fan - Minimum 50 cfm intermittent or 20 cfm continuous exhaust rating Energy Star (not including wiring for new install - _1 37 Only price for basic replacement) w/o Light EA 1 $400 00 Fluorescent-48" -Value Product. Energy 1 38 Star if available, of like-kind 2 bulb fixture EA 1_ $200.00 Fluorescent-48" -Value Product, Energy 1 39 Star if available, of like-kind 4 bulb fixture EA _1 1 _ $225 00 Exterior Security Light- LED - Wall mount - Value Product, Energy Star if available, of 1 40 ! like-kind _ EA 1 _$400 00 1 Exterior Porch Light- Flush mount, Value Product, Energy Star if available, of like- 1 41 kind 1, EA 1 $200.00 Duplex- L.1 42 Outlets 15.20 amp,w/wall plate GFCl/AFCI j EA 1 ' $200 00 Duplex- Non- 1 43 Outlets 15-20 amp. wl wall plate GFCl/AFCI EA 1 I $200 Co 1 44 Switches single-pole to 3-way, w/wall plate Toggle _ EA ' 1 _ $100.00 1 45 Switches single-pole to 3-way, w/wall plate Rocker EA 1 $100 00 Replace wiring from switch/outlet to nearest gang box, switch, outlet. or service 14 gauge-15 1 46 panel (including new switch or outlet) j amp -120V LF 1 $15 00 Replace wiring from switch/outlet to nearest gang box, switch outlet, or service 12 gauge-20 1 47 panel (including new switch or outlet) _ amp-120V ? LF 1 _ $15.00 Replace wiring from switch/outlet to nearest gang box, switch, outlet, or service 10 gauge-30 1 48 panel (including new switch or outlet) amp-120V LF j 1 $15.00 Replace wiring from switchloutlet to nearest gang box, switch, outlet, or service 10 gauge- 30 1 49 panel (including new switch or outlet) i amp -240v LF 1 $15.00 Replace service panel, including proper ,__1 50 permitting and inspections. 100 Amp Service EA 1 $2,700 00 Replace service panel, including proper 1 51 permitting and inspections 200 Amp Service EA 1 $2,700.00. Replacement of existing Smoke Detector 1 52 w! Carbon Monoxide alert Li-Ion Battery EA 1 $80.00 Replacement of existing Smoke Detector 1 53 , w/Carbon Monoxide alert i Hardwired EA 1 $200.00-_ Installation of new Smoke Detector w/ I i 1 54 Carbon Monoxide alert Li-Ion Battery ; EA 1 $80.00. Installation of new Smoke Detector WI 1 55 Carbon Monoxide alert Hardwired EA 1 $200 00 Vinyl Flooring basic, value product to match glue down product- Leveling w/existing 1 56 Compound application as necessary material.removal 1 SF 1 $8.00 Vinyl Flooring basic, value product to match, glue down product- Leveling w/o existing 1 57 Compound application as necessary material removal SF 1 $5 00 Carpet including pad, appropriate thickness '• up to 112 inch Value product-texture or w/existing 1 1 58 twist type _ material removal ] _SF 1 $15 00 • Carpet including pad, appropriate thickness up to 1/2 inch Value product-texture or w/o existing 1 59 twist type. _ material removal SF 1 $12.00 Laminate Wood lay self leveling compound I as necessary Floating, click-lock style. Including necessary quarter-round or similar trim around proper expansion area w/existing 1 60 j on surround materialremo_val SF 1 $8.00 Laminate Wood lay self leveling compound as necessary Floating, click-lock style Including necessary quarter-round or similar trim around proper expansion area w/o existing 1 61 on surround material removal SF 1 [. . $5.00 Ceramic Tile lay self leveling compound as necessary Mortar base, lay tile, equal' spacing, and installation of mortar to w/ existing 1 62 match. material removal SF 1 $14 00 Ceramic Tile lay self leveling compound as i I necessary Mortar base lay tile equal spacing, and installation of mortar to w/o existing 1 63 match material removal SF j 1 $8 00 Replace outside condenser unit. Include connections and Freon charge R410A unit New energy star rated programmable 1 64 thermostat. 2.5 ton EA j __ 1 $3,700.00 Replace outside condenser unit. Include connections and Freon charge. R410A unit New energy star rated, programmable 1 65 thermostat. 3 ton EA 1 $4,000.00 Replace outside condenser unit. Include connections and Freon charge. R410A unit New energy star rated, programmable 1 66 thermostat. 4 ton I EA 1 $5,000.00 Replace Air Handling Unit including coil, furnace, and blower-all connections and Freon charge- connect to existing air box/duct work. New energy star rated, I 1 programmable thermostat. New float switch at evaporator drain pan, and cleaning of 1 67 I back-up drain piping to exit_point_Gas 2.5 ton EA 1 , $2,700.00 Replace Air Handling Unit including coil, ! furnace, and blower- all connections and Freon charge-connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of 1 68 back-up drain piping to exit .oint-Gas 3 ton EA _ 1 $3,500 00 Replace Air Handling Unit including coil,furnace, and blower-all connections and Freon charge -connect to existing air box/duct work New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of 1 69 _ back-up drain piping to exit point-Gas 4 ton EA 1 I _ $4,500 00 Replace Air Handling Unit including coil, furnace, and blower- all connections and Freon charge-connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- 1 70 ELECTRIC 2.5 ton EA a _ 1 $2,700.00 Replace Air Handling Unit including coil, furnace, and blower- all connections and Freon charge -connect to existing air . box/duct work. New energy star rated, programmable thermostat New float switch at evaporator drain pan and cleaning of back-up drain piping to exit point- 1 71 ELECTRIC 3 ton EA 1 $3,500.00 I Replace Air Handling Unit including coil, furnace, and blower- all connections and Freon charge- connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- 1 72 j ELECTRIC 4 ton _ _-__—EA 1 . $4,500 00 Replace thermostat, including necessary wiring, mounting, and general setting Digital/programmable, Energy Star where 1 73 applicable i_EA 1 j $400 00 Install a window unit A/C unit, with heater - 1 1 Install through wall and secure so it will not easily be removed Inclusive of proper 1 74 wiring for adequate power source 5,000 btu EA 1 $1,200.00 Install a window unit A/C unit, with heater Install through wall and secure so it will not I easily be removed Inclusive of proper 1 75 1 wiring for adequatepower source. j 7,500 btu EA 1 $1,500.00 Install a window unit A/C unit, with heater Install through wall and secure so it will not easily be removed Inclusive of proper , 1 76 wiring for adequate power_source. 10,000 btu EA 1 $1,800.00 Install a window unit A/C unit, with heater Install through wall and secure so it will not easily be removed Inclusive of proper 1 77 wirin• for adequate power source 15,000 btu EA 1 $2,200 00 Licensed HVAC Technician to assess whole home heating and cooling system , Includes Freon levels and leak checking, full operation of all major components, etc. Identificationof necessary repairs, and full 1 78 , report to City staff EA 1 $400 00 Removal of vent grills, cleaning of dust/contaminants between grill and air 1 79 j box. EA 1 $25.00 Prep surface, texture, prime, paint to cover (not inclusive of repairs to wall or surface No removal of 1 80 : coverings) existing material SF 1 _ __ $2.00 J Prep surface, texture, prime, paint to cover Removal of (not inclusive of repairs to wall or surface wallpaper or 1 81 coverings) _ _ other material SF 1 $3.00 Replace fixture Include new supply lines for hot/cold water as applicable, connect#o Toilet- Round, supply valve(s), connect to drain(s), and Standard Height, 1 82 seal as applicable. 1:6 gpf EA 1 $400 00 Replace fixture Include new supply lines for hot/cold water as applicable, connect to Toilet Round, supply valve(s), connect to drain(s), and Comfort Height, 1 83 seal as applicable _ 1.6 gpf EA 1 $425.00 Replace fixture. Include new supply lines for hot/cold water as applicable, connect to Bathroom Faucet supply valve(s), connect to drain(s), and -4" center set, 1 84 ; seal as applicable. single handle EA 1 $150.00 I j I I Replace fixture. Include new supply lines Shower/Bath for hot/cold water as applicable, connect to Faucet-Single supply valve(s), connect to drain(s), and Handle, with 1 85 seal as applicable __ shower head EA 1 $250.00 Replace fixture. Include new supply lines Shower/Bath for hot/cold water as applicable, connect to Faucet 3 Handle, supply valve(s), connect to drain(s), and with bathtub and 1 86 seal as ap licable shower faucet EA I 1 $250 00 Replace fixture Include new supply lines Kitchen Sink- for hot/cold water as applicable, connect to Faucet Only, supply valve(s) connect to drain(s) and Single handle, 1 87__ seal as a plicable I non-pull out EA 1 $200 00 Replace fixture. Include new supply lines Kitchen Sink- for hot/cold water as applicable, connect to Faucet Only, 2 supply valve(s), connect to drain(s), and handle,4 hole 1 88 seal as applicable _ _ with side sprayer EA _ 1 $250.00 Kitchen Sink- Replace fixture. Include new supply lines Double basin, for hot/cold water as applicable, connect to drop in,with supply valve(s), connect to drain(s), and faucet and side 1 89j. seal as applicable _ sprayer EA 1 $250 00 Replace vanity including necessary sinks and faucets, supply and drain connections Vanity-36"- 1 90 I including new supply hoses. single sink EA 1 $600 00 Replace vanity including necessary sinks and faucets, supply and drain connections. Vanity-42"- _1 91 i including new supply hoses. single sink _1 EA 1 $700 00 Replace vanity including necessary sinks and faucets, supply and drain connections, Vanity-60"- 1 92 i including new supply hoses. double sink EA 1 $1,100 00 Replace vanity including necessary sinks and faucets, supply and drain connections, Vanity-84" - 1 93 including_new supply hoses. double sink EA . 1 $1,700.00 Replace Water Heater unit- include supply and outlet hoses, vent pipe per code, and 1 94 temp/pressure valve piping to code 40 gallon - Gas EA 1 ' $1,100.00 Replace Water Heater unit—include supply and outlet hoses, vent pipe per code, and 40 gallon- 1 95 temp/pressure valve piping to code , Electric EA y 1 $1,100.00 Shower/Tub replace unit- include supply i and drain connections, sealing-of any joints j ! as applicable, new faucet and valves as 36 x 36"x 72" 1 96 a•plicable I shower EA i 1 $2,900.00 Shower/Tub replace unit-include supply and drain connections, sealing of any joints as applicable, new faucet and valves as 32"x 60"x 77" 11_97 applicable shower 1 EA 1 $3,200 00 Shower/Tub replace unit- include supply and drain connections, sealing of any joints i as applicable, new faucet and valves as 60"alcove 1 98 I applicable bathtub EA 1 , $2,600 00 Shower/Tub replace unit- include supply and drain connections, sealing of anyjoints as applicable, new faucet and valves as 60"walk-in 1 99 applicable. bathtub EA 1 $2,900.00 Install new hot/cold supply piping - include 1 j _ 1 100 new valves and connections 1/2-3/4" ; Copper LF ; 1 $18.00 install new hot/cold supply piping - include 1 101 new valves and connections 1/2-3/4" CPVC j LF 1 $10.00 1 Install new hot/cold supply pip ing y p'p g -include 1 102 . new valves and connections 1/2-3/4" Galvanized Steel j LF 1 $20.00 Repair, up-to re-pipe of existing hot/cold supply piping - include new valves and 1 103 connections. 1/2.3/4' Copper l LF 1 $20,00 Repair, up-to re-pipe of existing hot/cold supply piping - include new valves and 1104 connections. 1/2-3/4" CPVC LF 1 $10,00 Repair, up-to re-pipe of existing hot/cold supply piping- include new valves and 1 105 connections 1/2-3/4" Galvanized Steel LF 1 $20 00 Septic Line repair- Up to 4" PVC, ABS, or similar existing material - Updated to PVC or equivalent per International Plumbing '; Inside Home and Building Code requirements - Excludes 1 through floor or 1 106 flooring price as necessary to repair ; tunneling LF F 1 $100 00 Septic Line repair- Up to 4" PVC, ABS, or similar existing material- Updated to PVC Outside Home to or equivalent per International Plumbing ; include and Building Code requirements - Excludes excavation and 1 107 flooring price as necessary to repair backfill LF 1 $150 00 CClog removal through clean out at 1 108 individual fixture or component I EA 1 $300 00 Slab Foundation - Pressed to refusal at I standard PSI, proper permitting, drawings, 1 109 and plans Steel shims _Exterior Pylon EA 1 $250 00 , Slab Foundation - Pressed to refusal at standard PSI, proper permitting, drawings, i 1 110 and plans Steel shims interior Pylon EA. 1 $350 00 , Pier Beam-Adjustment of perimeter and interior beams and piers Shim as appropriate. Include proper permit, Adjustment per 1 111 drawings, and plans Pier EA 1 $150 00 i i Extension of short, or replacement of I damaged rafter tails to meet windstorm l 1 112 requirements EA j 1 $200 00 Repair of an area of roof- remove j I damaged shingles, replaced damaged under laying and decking, lay minimum 15# felt paper, and lay new lifetime shingle j t Permit and windstorm inspection as necessary Price per square ft. To include i applicable new drip edge, flashing as 1 113 ap.licable, crickets, etc. Asphalt Shingle ; SF 1 $150,00 Repair of an area of roof-remove damaged shingles, replaced damaged under laying and decking lay minimum 15# felt paper, and lay new lifetime shingle. Permit and windstorm inspection as necessary Price per 10'x10' area To include applicable new drip edge, flashing 1 114 as applicable, crickets, etc. Asphalt Shingle EA 1 _—$150.00 Repair of an area of roof- remove I I damaged shingles, replaced damaged r' under laying and decking, lay minimum 15# felt paper, and lay new lifetime shingle Permit and windstorm inspection as necessary Price per square ft. To include applicable new drip edge, flashing as 1 115 applicable, crickets, etc Metal SF ,_ 1 $200.00 Repair of an area of roof-remove damaged shingles, replaced damaged under laying and decking, lay minimum 15# i felt paper, and lay new lifetime shingle. Permit and windstorm inspection as necessary Price per 105(10' area To include applicable new drip edge, flashing 1 116 as a.plicable crickets, etc. Metal EA 1 $200.00 Replacement of roof- remove and dispose of existing layers of shingles or roofing surface, under laying, and replace any damaged decking Minimum 15#felt under laying, lifetime 3 tab shingle Permit and windstorm certification WP1-8 Price per square, or 10'x10' area To include applicable new drip edge, flashing as 1 117 applicable, crickets, etc SQ 1 $250.00 1 118 Replacement of roof ventilation fixture Turbine Fan EA 1 $200 00 Aluminum Vent 1 119 Replacement of roof ventilation fixture Square EA 1 $200.00 1 120 Replacement of roof ventilation fixture Electrical , EA 1 _ $200 00 1 121 1 Replacement of roof jack _ j EA 1 $200.00 Siding replace, seal/weatherize joints, paint ] to match Hardie-Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1 122 ! coating will produce similar quality 4'x 8'sheet SF 1 $12.00 Siding replace, seal/weatherize joints, paint to match Hardie-Board or equivalent ! icement fiber board product, provided equivalent product with weather resistant 6.25" lap/plank { 1 123 coating will produce similar quality board i SF 1 $10.00 Siding replace, seal/weatherize joints, paint to match Hardie-Board or equivalent cement fiber board product, provided equivalent product with weather resistant 12" lap/plank 1 124 coating wiil_produce similar quality board SF 1 $10.00 Siding replace, seal/weatherize joints, paint to match. Hardie-Board or equivalent cement fiber board product. provided equivalent product with weather resistant 1 125 coatin will roduce similar quality _ 1"x 4"w/gutters LF 1 $20.00 • Siding replace, seal/weatherize joints, paint to match Hardie-Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1"x 4"w/o 1 126 coating will produce similar sualit gutters LF 1 $20,00 Siding replace, seal/weatherize joints, paint to match Hardie-Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1 127 coating will produce similar qualit 1"x 6"w/gutters LF 1 $20.00 Siding replace, seal/weatherize joints, paint to match Hardie-Board or equivalent cement fiber board product. provided equivalent product with weather resistant 1"x 6"w/o 1 128 coating will produce similar quality gutters LF' 1 $20 00 Siding replace, seal/weatherize joints, paint to match Hardie-Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1 129 coating will produce similar quality 1"x 8" w/gutters LF 1 $20_00 Siding replace, seal/weatherize joints, paint to match Hardie-Board or equivalent ' cement fiber board product. provided equivalent product with weather resistant 1"x 8" w/o 1 130 coating will produce similar quality gutters LF 1 $12.00 - Siding replace, seal/weatherize joints, paint • to match Hardie-Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1_131 coating will produce similar quality 12"vented LF 1 $12.00 Siding replace, seal/weatherize joints, paint to match Hardie-Board or equivalent cement fiber board product, provided equivalent product with weather resistant I i 1 132 coating will produce similar quality 1 1" x 4" LF 1 $10 00 Flashing - sealed and protected against 1 133 weather and/or pests or intrusion j Galvanized LF 1 $10.00 Flashing -sealed and protected against 1 134 weather and/or pests or intrusion Aluminum LF j 1 $10.00 Exterior Grade - Solid Core -Security door, including trim and hardware, with paint to 1 135 match if necessar Metal _LEA 1 $800 00 Exterior Grade-Solid Core -Security door, + i including trim and hardware, with paint to 1 136 match if necessary Wood EA 1 1 $1,200 00 1 137 French Doors -Vinyl/Fiber•lass 60"x 80" EA 1 $1,200.00 1 138 French Doors - Vinyl/Fiberglass 72"x 80" EA 1 $1,400 00 1 139 ] Interior Door-Pre-Hung: Hollow Core 24"W EA 1 $400.00 Composite l _ Interior Door- Pre-Hung - Hollow Core 1 140 ' Composite 30"W EA 1 $4__00 00 Interior Door- Pre-Hung - Hollow Core 1 1 141 Composite 36"W EA 1 $400.00 Remove and install cabinet- Unfinished oak or similar Secure to wall Paint or stain I 1 142 to match Value product. 12"W EA 1 $200.00 Remove and install cabinet- Unfinished oak or similar Secure to wall. Paint or stain 1 143 to match Value product. 24"W EA 1 $250.00 Remove and install cabinet- Unfinished oak or similar Secure to wall. Paint or stain 1 144 J to match. Value product. 30"W ; EA 1 ± $300 00 Remove and install cabinet- Unfinished oak or similar Secure to wall Paint or stain 1 145 to match. Value product. 36" W EA 1 $375.00 Remove existing countertop material, Install, level, seal and secure new countertop Value product- appropriate for 1 146 area of installation Laminate SF ! 1 $40.00 Remove existing countertop material, i I Install, level, seal, and secure new countertop Value product- appropriate for 1 147 area of installation Solid Surface SF 1 $40.00 Windstorm windows rated if applicable, double-hung, double pane Value product 1 148 , of vinyl or equivalent Vinyl -4050 EA 1 $1,100.00 Windstorm windows rated if applicable, double-hung, double pane Value product 1 149 1 of vinyl or equivalent Vinyl -4o6o EA 1 $1,500.00 Windstorm windows rated if applicable, double-hung, double pane. Value product 1 150 j of vinyl or equivalent __ Vinyl -36" x 24"_ EA 1 $700.00 ASSURANCES—PEARLAND,TEXAS CDBG CONSTRUCTION PROGRAMS CERTIFICATIONS AND ASSURANCES REGARDING COMPLIANCE.WITH UNIFORM ADMINISTRATIVE REQUIREMENTS FOR FEDERALLY-FUNiDED CONSTRUCTION PROGRAMS,DEBARMENT,SUSPENSION,INELIGIBILITY,VOLUNTARY EXCLUSION-LOWER-TIER COVERED TRANSACTIONS AND LOBBYING Signature on this form provides for corripliance with certification requirements under 15 CFR Part 26, "Government-wide Debarment and Suspension(Non-procurement)"and 15 CFR Part 28,"New Restrictions on Lobbying." Examination of Records. The undersigned hereby Lead-Based Paint.The undersigned hereby certifies and certifies and assures that it will give the awarding agency, assures that it will comply with the Lead-Based Paint the Comptroller General of the United States and, if Poisoning Prevention Act(42 U.S.C.§§4801 et seq.)which appropriate, the State, the right to examine all records, prohibits the use ,of lead-based paint in construction or books,papers,or documents related to the assistance;and rehabilitation of residence structures; in accordance with establish a proper accounting system in accordance with H.UD Lead-Based Paint Regulations 24 CFR 570.608 and generally accepted accounting standards or agency 24 CFR Part 35'(Subpart B). directives. It shall retain all records pertinent to expenditures incurred under this Agreement for a period of Fair and Equal Employment Opportunity. The five (5) years after the termination of all activities funded undersigned agrees that it shall utilize the principles under this Agreement or after the resolution of all Federal provided in President's Executive Order 11246 of audit findings,whichever occurs later September 24,1965. Review and Approval of Plans and Specifications.The Women/Minority Business Enterprise. in accordance undersigned hereby certifies and assures that it will comply with state law,the undersigned agrees to assist Historically with the requirements of the assistance awarding agency, Underutilized Businesses(HUBs)whenever possible when the direct recipient of assistance funding, andlor its providing goods and services. The undersigned also partners or assigns with regard to the drafting, review and agrees that it shall put forth identifiable efforts to afford approval of construction plans and specifications. minOii y- and women-owned business enterprises the maximum practicable opportunity to participate in the Competent Supervision. The undersigned hereby performance of this contract. As used in these certifies and assures that it will provide and maintain Certifications and Assurances, the term "minority and competent and adequate engineering supervision at the women business enterprise" means a business at least construction site to ensure that the complete work fifty-one (51) percent owned and controlled by minority conforms to the approved plans and specifications and group members or women. For the purpose of this furnish progressive reports and such other information as definition, "minority group members"are Afro-Americans, may be required by the assistance awarding agency or Spanish-speaking,Spanish surnamed or Spanish-heritage State. Americans,Asian Americans,.and American Indians. Timely Execution of the Scope of Work. The EEO/AA'Statement.The undersigned will,in all applicable undersigned hereby certifies and assures that it will initiate solicitations or advertisements for employees placed by it and complete the work within the applicable time frame or on its behalf, state that it is an Equal Opportunity after receipt of approval of the awarding agency Employer Nondiscrimination.The undersigned hereby certifies and Subcontracts. The undersigned must require all assures that it will comply with all Federal statutes relating Subcontract Agreements to contain specific language in to nondiscrimination.These include but are not limited to: reference to.the requirements for Subcontractors and/or (a) Title VI of the-Civil Rights Act of 1964 (P L..88-352) Purchasers regarding debarment, exclusion, suspension, which prohibits discrimination on the basis of race,color or anti-collusion, drug-free workplace, and applicable Buy national.origin;(b)Title IX of the Education Amendments'of American Provisions. The;undersigned assures that no 1972, as amended (20.U.S.C. §§1681 1683, and 1685- award(subgrant or contract)at any tier will be made to any 1686), which prohibits discrimination on the basis of sex; party which is not registered with the System for Award (c) Section 504 of the Rehabilitation Act of 1973, as Management at wwW.sam:aov amended(29)U.S.C.§794),-which prohibits discrimination on the basis of handicaps;(d)the Age Discrimination Act of Conflict of Interest.The undersigned hereby certifies and 1975, as amended (42. U.S,C §§6101-6107_), which assures that it will establish safeguards to prohibit prohibits discrimination on the basis of age; (e) the Drug employees from using their positions for a purpose that Abuse Office and TreatmentAct of 1972(P.L.92-255),as constitutes or presents the appearance of personal :or amended relating to nondiscrimination on the basis of drug organizational conflict of interest,or personal.gain. abuse; (f) the" Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (P L. 91-616), as amended, relating to C F R. Part 451, the Lacey Act (18 U S C 42), the nondiscrimination on the basis of alcohol abuse or Migratory Bird Treaty Act(1.6 U S C 703-12) the Fish and alcoholism;(g)§§523 and 527 of the Public Health Service Wildlife Coordination Act (16 U S C 661-667e); Section Act of 1912 (42 U S C §§290 dd-3 and 290 ee 3), as 4(f) of the Department of Transportation Act (49 U S.0 amended. relating to confidentiality of alcohol and.drug 1653(f)•the Federal Water Pollution Control Act(33 U S C abuse patient records; (h)Title VIII of the Civil Rights Act of 1251 et seq ),the Coastal Zone Management Act of 1972. 1968 (42 U S C §§3601 et seq.), as amended, relating to as amended (16 U S C 1451), and the Safe Drinking nondiscrimination in the sale, rental or financing of housing; Water Act of 1974(42 U S C 300f to j-10),insofar as they (i) any other nondiscrimination provisions in the specific apply to the performance of this Agreement. statue(s)under which application for Federal assistance is being made; and (j) the requirements of any other General Compliance with Federal Regulations. The nondiscrimination statue(s) which may apply to the undersigned hereby certifies and assures that it will comply application with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this Hatch Act Compliance.The undersigned hereby certifies program, specifically, 2 CFR Part 200 and 24 CFR 570: and assures that it will comply with the provisions of the Hatch Act (5 U S C §§1501-1508 and 7324-7328), Administrative Guidelines. OMB Circular A-110 and 24 including its most recent and current amendments and CFR Part 84, revisions, which limit the political activities of employees whose principal employment activities are funded in whole Cost Principles. 2 CFR Part 215,Cost Principles for"Non- or in part with Federal funds. Profit" 501(c)3 organizations Audit Requirements.OMB Circular A-133,Audits of States, Flood Insurance. The undersigned hereby certifies and Local Governments, and Non-Profit Organizations assures that it will comply with flood insurance purchase Other Requirements. requirements of Section 102(a) of the Flood Disaster • 2 CFR Part 25, Universal Identifier and Central Protection Act of 1973 (P L 93-234) which requires Contractor Registration recipients in a special flood hazard area to participate in the • 2 CFR Part 170, Reporting Subawards and program and to purchase flood insurance if the total cost of Executive Compensation insurable construction and acquisition is$10,000 or more. • 2 CFR Part 175, Award Term for Trafficking in Compliance with Environmental Standards. The Persons (applicable to private entity sub undersigned hereby certifies and assures that it will comply recipients) with environmental standards which may be prescribed • 2 CFR Part 1400, Government-wide Debarment pursuant to the following (a) institution of environmental and Suspension (Non-procurement) quality control measures under the National Environmental • 2 CFR Part 1401, Requirements for Drug-Free Policy Act of 1969(P L.91-190)and Executive Order(EO) Workplace (Financial Assistance) 11514, (b) notification of violating facilities pursuant to EO . 41 USC §6306, Prohibition on Members of 11'738, (c) protection of wetlands pursuant to EO 11990; Congress Making Contracts with Federal (d)evaluation of flood hazards in floodplains in accordance Government: No member of or delegate to with EO 11988; (e) assurance of project consistency with the approved State management program developed under Congress or Resident Commissioner shall be the Coastal Zone Management Act of 1972 (16 U S.0 admitted to any share or part of this award, or to §§1451 et seq ); (f) conformity of Federal actions to State any benefit that may arise therefrom,this provision (Clean Air) implerr entation Plans under Section 176(c) of shall not be construed to extend to an award made the Clean Air Act of 1955, as amended (42 U S.0 §§7401 to a corporation for the public's general benefit. et seq.), (g) protection of underground sources of drinking • Executive Order 13513 Federal Leadership on water under the Safe Drinking Water Act of 1974, as Reducing Text .Messaging while Driving. amended(P L. 93-523),and, (h)protection of endangered Recipients are encouraged to adopt and enforce species under the Endangered Species Act of 1973, as policies that ban text messaging while driving, amended (P L. 93-205) The undersigned certifies and including conducting initiatives of the type assures to the aforementioned in accordance with HUD Environmental Review Procedures(24 CFR Part 58) described in section 3(a)of the order Religious Organizations. The undersigned agrees that Historic Preservation, Conservation and Wildlife funds provided under this Agreement will be utilized in a Protection.The undersigned agrees to assist the awarding manner consistent with that which is outlined in 24 CFR agency in assuring compliance with Section 106 of the 570.200(j) Financial support of secular religious activities, National Historic Preservation Act of 1966,as amended(16 promotion of secular religious interests, or the financial U S C §470), EO 11593 (identification and protection of benefit of a religious organization in accordance with historic properties). The undersigned certifies and agrees federal regulations are all specifically prohibited uses of to comply with the requirements of the Endangered federal funds.Only non-secular program activity costs shall Species Act of 1973 as listed in 50 C F R. 17 11 and 50 be supported by this Agreement, and in accordance with federal regulations, the extension, continuation, renewal, amendment, or Whistleblower Protection. All employees working under modification of any Federal contract, grant. loan, or this Agreement are subject to the whistleblower rights and cooperative agreement. (2) If any funds other than Federal remedies in the Pilot Program for Enhancement of appropriated funds have been paid or will be paid to any Recipient and Subrecipient Employee Whistleblower person for influencing or attempting to influence an officer Protection, established at 41 U S C 4712 by section 828 of or employee of any agency, a Member of Congress, an the National Defense Authorization Act for Fiscal Year officer or employee of Congress, or an employee of a 2013 (P L. 112-239) The undersigned shall inform its member of Congress in connection with this Federal employees .in writing, in the predominate language of contract, grant, loan, or cooperative agreement, the its workforce, of employee whistleblower rights and undersigned shall complete and submit Standard Form- protections under 41 U S C 4712. LLL, "Disclosure Form to Report Lobbying " in accordance Trafficking.The undersigned hereby certifies and assures with its instructions. (3)The undersigned shall require that that it will comply with the requirements of Section 106(g) the language of this certification be included in the award of the Trafficking Victims Protection,Act(TVPA)of 2000,as documents for all sub-awards at all tiers (including amended (22 U S C 7104) which prohibits grant award subcontracts, sub-grants, and contracts under grants, recipients or a sub-recipient from (1) Engaging in severe loans, and cooperative agreements) and that all forms of trafficking in persons during the period of time that subrecipients shall certify and disclose accordingly This the award is in effect (2) Procuring a commercial sex act certification is a material representation of fact upon which during the period of time that the award is in effect or (3) reliance was placed when this transaction was made or Using forced labor in the performance of the award or sub- entered into. Submission of this certification is a awards under the award. prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code. Any person Debarment, Suspension, Ineligibility and Voluntary who fails to file the required certification shall be subject to Exclusion. As required by executive Order 12549, a civil penalty of not less than$10,000 and not more than Debarment and Suspension, and implemented at 24 CFR $100 000 for each such failure. 570 609, participants responsibilities, for prospective participants in lower tier covered transactions (except Copeland Anti-Kickback Act.All contracts and sub-grants subcontracts for goods or services under the$25,000 small in excess of$100,000 for construction or repair awarded by purchase threshold unless the sub-tier recipient will have a recipients and subrecipients shall comply with the critical influence on or substantive control over the award) Copeland "Anti-Kickback" Act (18 U.S.C. 874), as as defined at 24 CFR 570 609—(1)The prospective lower supplemented by Department of Labor regulations(29 CFR tier participant certifies by signing this document, that part 3,"Contractors and Subcontractors on Public Building neither it nor its principals is presently debarred, or Public Work Financed in Whole or in Part by Loans or suspended, proposed for debarment,declared ineligible,or Grants from the United States") The undersigned shall be voluntarily excluded from participation in this transaction by prohibited from inducing, by any means, any person any Federal department or agency (2) Where the employed in the construction, completion, or repair of prospective lower tier participant is unable to certify to any public work, to give up any part of the compensation to of the statements in this certification, such prospective which he is otherwise entitled.The recipient shall report all participant shall attach an explanation to this proposal. suspected or reported violations to the Federal awarding agency (18USC 874 and 40USC 276c) Labor Standards and Wages The undersigned agrees to False Claims. The undersigned agrees to abide by 18 cause any and all subcontractors or other sub-tiers that U S C 286, which provides for conspiracy to defraud the receive federal funds under this agreement to use Federal Government with Respect to Claims. In addition prevailing local wages. as applicable, for all construction the undersigned will also abide by the False Claims Act(31 projects over$2,000,and to abide by Chapter 11 of Title 18 U S.0 3729 et seq.), 18 U S C 287 relating to False, of the U S Cade (18 U S C 201-224), which prohibits a Fictitious and Fraudulent Claims, 18 U S.0 245 Federally number of criminal activities, including bribery graft and Protected Activities, 18 U S.0 1001 regarding General conflict of interest. Statements or Entries;the Program Fraud Civil Remedies Lobbying. As required by'Section 1352, Title 31 of the Act(31 U S.0 3801-3812); the Federal Claims Collection U S Code, and implemented at 24 CFR Part 87, for Act of 1966 (31 U S.0 952) as amended by the Derby persons entering into a grant, cooperative agreement or Collection Act of 1982, the Meritorious Claims Act (31 contract over$100,000 or a loan or loan guarantee over U S.0 3702), the Tucker Act (28 U S C 1346, 1491, and $150,000 as defined at 24 CFR Part 87,the applicant has 2501), the Wunderlich Act (41 U S C 321-322); the Anti- certified that to the best of his or her knowledge and belief, Deficiency Act(31 U S C 1341),and Section 208(a)of the that: (1)No Federal appropriated funds have been paid or Intergovernmental Personnel Act of 1970, as amended. will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer Statement for Loan Guarantees and Loan Insurance. or employee of any agency, a Member of Congress in The undersigned states,to the best of his or her knowledge connection with the awarding of any Federal contract,the and belief that: If any funds have been paid or will be paid making of any Federal grant, the making of any Federal to any person for influencing or attempting to influence an loan, the entering into of any cooperative agreement, and officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a statement is a prerequisite for making or entering into this Member of Congress in connection with this commitment transaction imposed by section 1352, title 31, U S. Code. providing for the United States to insure or guarantee a Any person who fails to file the required statement shall be loan,the undersigned shall complete and submit Standard subject to a civil penalty of not less than$10,000 and not Form- LLL, "Disclosure Form to Report Lobbying," in more than $100,000 for each such failure. accordance with its instructions. Submission of this As the duly authorized representative of the prime contractor,subcontractor,subrecipient and/or other sub-award entity,I hereby certify and assure that the entity I represent as stated below will comply with the above applicable certifications and assurances. PRINTED NAME AND TITLE TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE OF AU RIZED REPRESENTATIVE OFFICIAL PROJECT NAME/IDENTIFIER r DAT E(MMIDD!YYYY) ACOREW CERTIFICATE OF LIABILITY INSURANCE 07/17/19 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTRobert James NAME: DIVERSIFIED PROPERTY & CASUALTY PIIONE (713)774-6863 774-6863 FAX 713-559-1075 (A/C Nn Fetl' (AJC.NO): 10101 SW Fwy St 400 E-MAIL _ insuranceinfo@d1c-insurance com Houston, TX 77074 ADoRr.,. 685645 INSURERI5) AFFORDING COVERAGE NAIC#J INSURER A. Security National Insurance INSURED Circle Friends Construction Services INSURERS. Texas Mutual Ins Co 13831 Rosemere ,INSURER C.National Liability & Fire 29203 Houston, TX 77047 ,INSURER D. (832)368-8188 INSURER E. INSURER F. COVERAGES CERTIFICATE NUMBER: ' REVISION NUMBER: Ti CIE IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED NELO'dd HAVE BEEN ISSUED TO TILE INSURED NAMF.O AROVF FOR PIE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES OFSCRIRE;n HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Cl AIMS. INSR -xlnIL-,,uex POI ICY FEE POLICY FXP LTR TYPE OF INSURANCE INSD WEE F'CLICYNUMBER (MMIDDIYYYYI JMM/DUIYYYYI LIMITS X COMMERCIAL GENERAL" LIABILITY EACII OCCURRENCE S 1,000,000 AMAGE.,CI.AIMS-MADF E- OCCUR PRE.MISESC(El ''�1 n Dm:urrance) S 100,000 NA110795904 04/23/201D 04/23/2020 MEDF:XP(Anyencpeson) S 5,000 A Y Y PERSONAL SADVINJURY S 1,000,000_ GGEEN'L AGGREGATE LIMIT APPLIES PT.R: GENERAL AGGREGATE S 1,000,000 )POLICY JECT .00 I .PRODUCES-COMP(OPAGG S 1,000,000 , I OTHER: S Ammo BILE LIABILITY (OMNOSINGLELIMIT S 1,000,000 Bonny (Per person) $ ANYAUTO 73APR375797 04/23/2019 04/23/2020 - C �— ALL OWNED SCHEDULED AUTOS X AUTOS Y BODILY INJURY(Per ace dent} $ NON-OWNED PROPERTY DAMAGE S X IrIRFD AUTOS R AUTOS (Per acc4pnt1 S UMBRELLA LIAR OCCUR EACH OCCURRENCE S ~ EXCESS LIAB r~ CLAIMS-MADE AGGREGATE S DEC I 1 RETENTION S $ PFI;U'1'E WORKERS COMPENSATION t-] AND EMPLOYERS'LIABILITY S'fAT ER OTfI- V N 0001286639 04/2B/2m9 04/25/2025 l 000 000 ANY PROPRIETORJPARTNER+FXFCL'T IVE E.L.EACH ACCIDEN $ r r B OFOCERiMEMB ER EXCLUDED? NIA Y 1,000,000 (Mandatory In NH) E.L.DISEASE FA EMPLOYEE $ !ryes,describe under 1000 000 DESCRIPTION OF OPERATIONS helnw E.L.DISEASE. POLICY Liter S r , DESCRIPTION OF OPERATIONS/L OCAT IONS)VEHICLES(AC ORD 101 Additional Remarks Sched!:Ia.,may be attached i`mere space s resuired] Certificate Holder listed on blanket basis as required by written contract CERTIFICATE HOLDER CANCELLATION City of PearlandOF I'HE ABOVE DESCRIBED POLICIES : NCELLED EFFORE 3523 Liberty Dr7...„4 ION DATE THEREOF NOTICE • DELIVERED IN 'WI rH THE POLITY%RO SICNS, Pearland TX 77581 PRf: r: TATIVF ._ . _.1 •r ei 1988-2014 • 0' D CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks or ACORD PRICING COMPARISON WORKSHEET 8110,0:S4914 Circle Friends 7 All ThingsCommercial, " Line item Construction Services LLC. Best and Final Offer Description_ ,UOM_ ..QT( {BAFO) , Extended. Unit, Extended. LOCATION: PLANTATION CT Install'Fldoring.'-Vinyl Wood Plank SF 100 $ 8.00 $ '800.00 $ 7.50 .$ 750.00 Replace Toilet EA 1 $ 400.00 $ 400.00 $ 486.00 $ 486.00 Replace Toilet EA 1 $ 400.00, $ 400.00 $. 486;00. $. 486.00 Replace.Vanity-84".double sink EA 1 $ 1,800.00 $ 1,800.00 $.2,600.00 . $ 2,600.00 Replace Vanity-60"single sink EA 1 $ 1,200.00 $ 1,200;00 $2,039.00 $ 2,039;00. Rye lace Ceiling Fan-52" EA 1 $ 200.00 $ 200:00 $ 324.00 $ 324.00 Replace Fluorescent Light-48"two EA 1 $ 225.00 $ 225.00 $ 170.00' $ 170.00 bulb replace r oReplExter Securiace Door ty $Light ' EA 1 $ 400.00 400.00 $ 181:00 $ 181.00 eplace Fluorscent Light-48"two2 $ 200.00 $ 400.00 $ 170.50 $ 341.00ulb Repair Water Heater Vent Stack EA 1 $ 200.00 .$ 200.00. liilil�C1iBIp aistaBtQ ss Replace Wood Panel Siding SF 40 $ 4.00 $ 160.00 $ 10 75 $ 430.00 Replace Soffit/Fascia Boards-1x6 wl LF 8 $ 15.00 $ 120.00 $ 19.00 $ 152.00 gutters EA 1 $1,200.00 $ 1,200.00 $ 684.00 $ 684.00 Replace Exterior Door-Wooden Door Replace Exterior Door-Metal EA 1 $ 800.00� $ 800.00 $ 734.00 $ 734:00 Replace.W indow-70"x 70" EA . 1 $1,100.00_ $ 1,100.00. -Ito.ti. R, MEW B LOCATION: BENTLEY DR Replace security.light-Single.bulb EA '1. $ 400.00 $ 400.00 .$ 181 A0 $ 181.00 � Replace security light.-Siding960.000 $ 181.00 Replace 1x4Wood Trim Boards- LF 75 $ 15.00 $ 1,125.00 $ 7.00 $ 525.00 Exterior Replace Fascia Boards-1"x 6"wl LF 50 $ 15.00 $ 750.00 $ 19.00 $ 950.00 jgutters Repair Flashing-at Chimney LF 20 $ 10.00 $ 200.00 $ 8.85 $ 177:00 Replace Fluorescent Light 48"two 1 $ 225.00 $ 225.00 $ 170.50 $ 170.50 bulb. LOCATION: NORMA LN Drywall Repair- 1/2"w/existing SF 160 $ 5.00 $ 800:00 $ 7.50 $ 1,200.00 ' material Replace Fluorescent Light-48"two EA 1 $ 225.00 $ 225.00 $ 149.50 $ 149.50 bulb Drywall Repair-112"wl existing SF 60 $ 5.00 $ 300.00 $ 7.50 $ 450.00 material Replace Exterior Door-Metal 'EA 1 $ 800.00 $ .800.00 ,.$ 7.300. .$ 734;00 LOCATION: PEACH CT I Replace'Siiding Door-72"x 80" EA • 1 $1,400.00 $ 1,400.00 $ 1,975.00' .$ 1,975.00 Drywall Repair-1/2"w/o existing SF 1200 $ 4.00 $ 4;800.00 $ 7.00 $ 8,400.00 material Replace Vanity-.60".single sink EA 1 . $1,200.00 , $ 1,200.00 $2,039.00 $ 2,039:00 Replace Fascia Boards-1"x 6"w/o LF 150 $ 15.00 $ 2,250.00 $ 8.00 $ 1,200.00 gutters Replace Eave Strips- 1"x 2" LF 150 ' •$ 10.00 ` $ 1,500.00 $ 7.00 $ 1,050.00 age 12 of 22 ; Best and Final Offer Description UOM QTY (BAFO) Extended Unit Extended Replace Soffit Board-12"Vented LF 10 $. 15.00 $ 150.00 $ 12.00 $ 120.00 Install Flooring-Vinyl Wood Plank SF 1100 $ 8.00 $ 8,800.00 $ 7.50 $ 8,250.00 Wiring Repair-Re-wire switch LF 20 $ 15.00 $ 300.00 $ .. 15.00 $ 300.00 LOCATION: SLEEPY HOLLOW DR Install Walk-in Shower Kit-36"x36" EA 1 $2,900.00 $ 2,900.00 $1,200.00 $ 1,200.00 Acrylic Install Toilet EA 1 $ 400.00 $ 400.00 $ 486.00 $ 486.00 Install Door Casing Trim and Hardware LF 30 $ 8.00 $ 240.00 $ 7.00 $ 210.00 Replace Fascia Boards-1"x 8"w/o LF 175 $ 15.00 $ 2,625.00 $ 7.00 $ 1,225.00 gutters Replace Fascia Boards- 1"x 6"w/o LF 175 $ 15.00 $ 2,625.00 $ 8.00 $ 1,400,00 gutters Replace Eave Strips-1"x 2" LF 350 $ 1.0.00 $ 3,500.00 $ 7.00 $ 2,450.00 Replace Gutters-4" Metal, 5 LF 150 $ 20,00 $ 3,000.00 $ 6.00 $ 900.00 downspouts Replace Siding-4'x 8'sheet SF 300 $ 15.00 $ 4,500.00 $ 10.75 $ 3,225.00 Repair Flashing-at 2 Chimneys LF 40 $ 10.00 $ 400.00 $ 8.85 $ 354.00 Replace Light Fixture-Canister EA 1 $ 200.00 $ 200.00 $ 85.00 $ 85.00 Install Vent/LightCombo EA 1 $ 450,00 $ . 450.00 $ 157.50 $ 157.50 Re-Wire Switch-Rewire switch LF 20 $ 15.00 $ 300.00 $ 15.00 $ 300.00 Replace Wall Mount Lights-Exterior EA 2 $ 200.00 $ 400.00 $ 120.00 $ 240.00 Debris Removal-Existing Construction CU.YD. 15 $ 25.00 $ 375.00 $ 85.00 $ 1,275.00 $ 58,205.00_ $ 53,999.50 ( ` W0�a11p1' teafilaD a€mom t 0 6CO o " �.. . �. ±u, . .L=V i7R "o ' 1 - ion o_ a ` a a L cone�..�,dF�. K1 o s o v v - n"- o , v a Dreg a to +'" al Page 13 of 22 PRICING COMPARISON WORKSHEET Exhibit A Bid.#0.6.19-41 $ingle `Famil`y Owner Cpcupied" Housiri'g:,Repair. Seivice's . Circle Friends. All Things Commercial, Line.ltem Construction:Services ; LLC. Best and Final Offer Description UO.M , 2QTY (BAFO) Extended Unit Extended LOCATION: PLANTATION CT Install Flooring-Vinyl Wood Plank SF 100 $ 8 00 $ 800 00 $ 7 50 $ 750 00 Replace Toilet EA 1 $ 400 00 $ 400 00 $ 486 00 $ 486 00 Replace Toilet EA 1 $ 400 00 $ 400 00 $ 486 00 $ 486 00 Replace Vanity-84"double sink EA 1 $ 1,800 00 $ 1,800 00 $2,600 00 $ 2,600 00 -Replace Vanity-60"single sink EA 1 $ 1,200 00 $ 1,200 00 $2,039 00 $ 2,039 00 Replace Ceiling Fan -52" EA 1 $ 200 00 $ 200 00 $ 324 00 .$ 324 00 Replace Fluorescent Light-48"two EA 1 $ 225 00 $ 225 00 $ 170 00 $ 170 00 bulb Replace Door Threshold EA 1 $ 150 00 $ 150 00 $ 288 00 $ 288 00_ Replace Exterior Security Light EA 1 $ 400 00 $ 400 00 $ 181 00 $ 181 00 Replace Fluorescent Light-48"two EA 2 $ 200 00 $ 400 00 $ 170 50 $ 341 00 bulb Repair Water Heater Vent Stack EA 1 $ 200 00 $ 200 00 F 0 Blcde 'I Replace Wood Panel Siding SF 40 $ 4 00 $ 160 00 $ 10 75. $ 430 00 Replace Soffit/Fascia Boards- 1x6 w/ LF 8 $ 15 00 $ 120 00 $ 19 00 $ 152.00 gutters Replace Exterior Door-Wooden Door EA 1 $ 1,200 00 $ 1,200 00 $ 684 00 $ 684 00 Replace Exterior Door-Metal EA 1 $ 800 00 $ 800 00 $ 734 00 $ 734 00 Replace Window-70"x 70" EA 1 $ 1,100 00 $ 1,100 00 RN,'p16't'D_11IOW .©"BIB LOCATION: BENTLEY DR Replace security light-Single bulb EA 1 $ 400 00 $ 400 00 $ 181 00 $ 181 00 Replace security light-Single bulb EA 1 $ 400 00 $ 400 00 $ 181 00 $ 181 00 Replace Wood Panel Siding SF 240 $ 4 00 $ 960 00 $ 10 75 $ 2,580 00 Replace 1x4 Wood Trim Boards/ LF 75 $ 15 00 $ 1,125 00 $ 7 00 $ 525 00 Exterior Replace Fascia Boards- 1"x 6"w/ LF 50 $ 15 00 $ 750 00 $ 19 00 $ 950 00 gutters Repair Flashing-at Chimney LF 20 $ 10 00 $ 200 00 $ 8 85 $ 177 00 Replace Fluorescent Light-48"two bulb EA 1 $ 225 00 $ 225 00 $ 170 50 $ 170 50 LOCATION: NORMA LN Drywall Repair- 1/2"w/existing SF 160 $ 5 00 $ 800 00 $ 7 50 $ 1,200 00 material Replace Fluorescent Light-48"two EA 1 $ 225 00 $ 225 00 $ 149 50 $ 149 50 bulb _ Drywall Repair- 1/2"w/existing SF 60 $ 5 00 $ 300 00 $ 7 50 • $ 450 00 material Replace Exterior Door-Metal EA 1 $ 800 00 $ 800 00 $ 734 00 $ 734 00 LOCATION: PEACH CT Replace Sliding Door-72"x 80" . EA 1 $ 1,400 00 $ 1,400 00 $ 1,975 00 $ 1,975 00 Drywall Repair- 1/2"w/o existing SF 1200 $ 4 00 $ 4,800 00 $ 7 00 $ 8,400 00 material Replace Vanity-60"single sink EA 1 $ 1,200 00 $ 1,200 00 $2,039 00 $ 2,039 00 Replace Fascia Boards- 1"x 6"w/o LF 150 $ 15 00 $ 2,250 00 $ 8 00 $ 1,200 00 gutters Replace Eave Strips- 1"x 2" • LF 150 $ 10 00 $ 1,500 00 $ 7 00 $ 1,050 00 Best and Final Offer Description _U OM . OTY, (BAFO) Extended Unit Extended Replace Soffit Board- 12"Vented LF 10 $ 15 00 $ 150 00 $ 12.00 $ 120 00 Install Flooring -Vinyl Wood Plank SF 1100 $ 8 00 $ 8,800 00 $ 7 50 $ 8,250 00 Wiring Repair-Re-wire switch LF 20 $ 15 00 $ 300 00 $ 15 00 $ 300 00 {LOCATION: SLEEPY HOLLOW DR Install Walk-in Shower Kit-36"x36" EA 1 $2,900 00 $ 2,900 00 $ 1,200 00 $ 1,200 00 Acrylic Install Toilet EA 1 $ 400 00 $ 400 00 $ 486 00 $, 486 00 Install Door Casing Trim and Hardware LF 30 $ 8 00 $ 240 00 $ 7 00 $ 210 00 Replace Fascia Boards- 1"x 8"w/o LE 175 $ 15 00 $ 2,625 00 $ 7 00 $ 1,225 00 gutters Replace Fascia Boards- 1"x 6"w/o LE 175 $ 15 00 $ 2,625 00 $ 8 00 $ 1,400 00 gutters Replace Eave Strips- 1"x 2" LF 350 $ 10 00 $ 3,500 00 $ 7 00- $ 2,450 00 Replace Gutters-4"Metal, 5 LF 150 $ 20 00 $ 3,000 00 $ 6 00 $ 900 00 downspouts Replace Siding-4'x 8'sheet SF 300 $ 15 00 $ 4,500 00 $ 10 75 . $ 3,225 00 Repair Flashing-at 2 Chimneys LF 40 $ 10 00 $ 400 00 $ 8.85 $ 354 00 Replace Light Fixture—Canister EA 1 $ 200 00 $ 200 00 $ 85 00 $ 85 00 Install Vent/Light Combo EA 1 $ 450 00 $ 450 00 $ 157 50 $ 157 50 Re-Wire Switch -Rewire switch LF 20 $ 15 00 $ 300 00 $ _ 15 00 $ 300 00 Replace Wall Mount Lights-Exterior EA 2 $ 200 00 $ 400 00 $ 120 00 $ 240 00 Debris Removal- Existing Construction CU YD. 15 $ 25 00 $ 375 00 $ 85 00 $ 1,275 00 $ 58,205.00 $ 53,999 50 *Note*. Sample of line. Items pulled from completed projects for comparison of Submitted bid pricing All, Things.Construction submitted a 'no bid'on several items, some of which could be more common, repetitive repairs through the program !.,the future. Bid# 061041 Circle Friends All Things Commercial, Line Items Construction Services LLC. Line Dascr|pti�n Note boBidder UQ88 Unit Extended UnitExtended�AaseBidy __ _._ . `__-' ~ - ` _ ' .` � _~' _ ' _[ _.-���gD '0�� 200 7.^ '`,-.� �iN�,�� . .' , 1 1 1 Access Ramp 36'VV���. N1ota|w�honU'oUpau�aceor equal mater�|. 2' Len8th EA $200�O �____��__� �541.DO ^_��~^___~i 1.2 Access Ramp 3G''Width, Metal with anti-slip surface or equal material. 4' Len8th EA $450'00'1 . '. _ _ _� $852'00r'_'` ' 1 3 Access Romp 36'VVidth. Metal with anti-slip surface or equal material. 6' Length B\ $658.00 '- �`_--�� $854'00 F-~ 14 Access Steps 3G''Width, Metal with anti-slip surface nrequal material. %U" D EA $900.00 � � $601'00 Replace threshold at entry door way Install ADA compliant threshold unit. - ! ' Secured tooubfloor Inclusive cf necessary weather-stripping tn seal 15 properly below door 4''xl/4"HMetal EA $150J00 ` _ � $288.00 � 16 DishvwaaherVVhita/Black EA $600.00 ' _�-._^.� $880.00L`�- 17 Fridge/Freezer VVhite/Blaok.w/o ice maker EA $800.00� __ .'` $1,200'0011 18 Oven Range White/Black Gas EA $700.00�_ �' � $1/400'00i 1 0 Oven Range White/Black Electric EA $700.00� `_ ''� $S1O'O0 ,_-~-` ' _ 110 Range Hood Over the Range EA $4OO�O-L��_��__� $307.00 ^_ .^___ 1 11 Microwave Over the Range m/vent fan EA *600.00L.__` ' _� $595.00L Replace existing garbage disposal unit, including new electrical, plumbing 1 12 supply, and drain hook ups ' 1/3HP EA $800J0 .^ _^� $42O.)O ! _~^__-_ .! Rep�ceer�Unggarbage d� �pomo| unino�dingnmwe�ch� [ electrical, � 1 1.3 supply, and drain hook ups HP EA $900.00 :~ $616`00L__� Replace existing garbage disposal unit, including new electrical, plumbing ' - � ' ' l � - - - -- � 1 14 supply, and drain hook ups 3/4HP EA $960.00L_ � _� $860.00�__ 1 16 Door Casing Trim,white or paint tomatch Vinyl-I2S" LF ������� � $7.00� ^ ' 1 18 Door Cao�gTr��.vvh�eorpa�tton�atch VVood-ZZ5" LF $2S�0 � �G��] . Removal nf debris,whether sourced from prohibiting 1 17 repair activities, or other ooverabkaactivity Per Cu Yd CY $20.00 $86'00 118 Gutter 4^vvidth Metal LF $2��� � = -' � $11�01._'_ 118 Gutters 4"width Downspout EA ����� �-.��. '� x110'00:--_,�_�`_l ` 1.2U Gutters 4^width Vinyl LF $20.00� ___ _'� $8.00i 1.21 Gutters 4"width Downspout EA $30.00 �- . ' �� �$G� 0U/ � - _- - w/removal ofexisting 1.22 Sheebock1Q"tape, float,texture as needed, prime and paint tomatch material SF $5�0 � � $7.50 � _��_~__� Installation removal ns�a|�tonw/onemnva 123 Gheetrouk1/2"tape, float, texture na needed, prime, and paint tomatch existing material 8F $4.00 ` $7.00 installation in v »'areas. (Not inclusive�euffina[ —|covering if other than x /removal of existing ^ � | 1.24 texture/paint) material 3F $2J00� � , + � $14L00 - �--'--- '` - -` installation in wet areas. (Not inclusive of final wall covering if Installation n w/o` - remo«a|of | 1.25 texture/paint) existing material SF ��� � $7.00 w/removal ofexisting1.26 Wainscot MDF(medium density fiber) product or similar material SF $2.00 $7.60 Circle Friends All Things Commercial, Line Items Construction Services LLC. Line Description Note to Bidder UOM Unit Extended Unit Extended Installation w/o removal of 1.27 Wainscot MDF(medium density fiber) product or similar existing material SF $2.00 ". $6.50 Wood Panel 4'x 8'sheet paneling for interior walls, paint to match, seal as w/removal of existing it. j.. 1.28 necessary MDF, Hardboard, or Wood panel sheets. material SF $3.00 i , s $7.80 k Wood Panel 4'x 8'sheet paneling for interior walls, paint to match, seal as Installation w/o removal of i r. 1.29 necessary MDF, Hardboard, or Wood panel sheets. existing material SF $3.00 $6.80 _, Ceiling R-38 equivalent depth/product, R-30 where insulation extends over -. "' 1 30 top wall plates and 100% of-ceiling area requiring insulation Blown-In Fiberglass SF $1.00 `. $2.25; ; Ceiling R-38 equivalent depth/product, R-30 where insulation extends over i ", 1 31 top wall plates and 100%of ceiling area requiring insulation Batt Fiberglass SF $1.00 $1 75 1 32 Wall R-13 equivalent insulation factor filling cavity Batt Fiberglass SF $2.00 ; $1 75 1,33 Ceiling Fan-52 in.- Energy Star Rated EA $400.00 `;Ww._ ;, $324.00 _, _,M_=_. _.._ ; 1 34 Flush Mount Light Fixture-Value Product, Energy Star if available, of like- EA $200.00 � '_ $85.00 ; _ 1 35 Wall Sconce-Interior,Value Product, Energy Star if available, of like-kind EA $200.00 ;;._;_.`_ .? $95.00 ;" ,,,. rating, Energy Star (not including wiring for new install-Only price for 1 36 basic replacement) w/Light EA $450.00 I`, ...,,,... $157.50 ; ., rating, Energy Star (not including wiring for new install-Only price for 1 37 basic replacement) w/o Light EA $400.00 _ $115.00 i 1 38 Fluorescent-48"-Value Product, Energy Star if available, of like-kind 2 bulb fixture EA $200.00 -'' 1 39 Fluorescent-48"-Value Product, Energy Star if available, of like-kind 4 bulb fixture EA $225.00 4 $170.50 ‘s Exterior Security Light-LED-Wall mount-Value Product, Energy Star if 1 40 available, of like-kind EA $400.00 ;_._._ $181.00 !"_ »Ρ._.,-,;,, .- 1 41 Exterior Porch Light-Flush mount,Value Product, Energy Star if available, EA $200.00 $120.00;_ 1 42 Outlets 15-20 amp, w/wall plate Duplex-GFCl/AFCI EA $200.00` n $90.00 `.. 1 43 Outlets 15-20 amp, w/wall plate Duplex-Non-GFCl/A FCI EA $200.00 $80.00 1 44 Switches single-pole to 3-way,w/wall plate _ Toggle EA $100.00 $45.00 v ; 1 45 Switches single-pole to 3-way,w/wall plate Rocker EA $100.00 ,w. , $48.00 _ m ' .u, .; Replace wiring from switch/outlet to nearest gang box, switch, outlet, or _ .." -," , 1 46 service panel (including new switch or outlet) 14 gauge-15 amp-120V LF $15.00', r $12.00`. _. Replace wiring from switch/outlet to nearest gang box, switch, outlet, or ' a 1 47 service panel (including new switch or outlet) 12 gauge-20 amp- 120V LF $15.00 ra $13.00 Replace wiring from switch/outlet to nearest gang box, switch, outlet, or 1 48 service panel (including new switch or outlet) 10 gauge-30 amp- 120V LF $15.00'' -:. $13.50 ___ Replace wiring from switch/outlet to nearest gang box, switch, outlet, or .. ' , "` 1 49 service panel (including new switch or outlet) 10 gauge-30 amp-240v LF $15.00 . $14.00 1 50 Replace service panel, including proper permitting and inspections. 100 Amp Service EA $2,700.00 :` , _ $2,500.00 _ 1 51 Replace service panel, including proper permitting and inspections 200 Amp Service EA $2,700.00 .,.T. _ .y $3,500.00 _, 1 52 Replacement of existing Smoke Detector w/Carbon Monoxide alert Li-Ion Battery EA $80.00 y $115.00�,. :.. _. 1 53 Replacement of existing Smoke Detector w/Carbon Monoxide alert Hardwired EA $200.00 ` $125.00 E Circle Friends All Things Commercial, Line Items Construction Services LLC. Line Description Note to Bidder UOM Unit Extended Unit Extended 1 54 Installation of new Smoke Detector w/Carbon Monoxide alert i Li-Ion Battery EA $80.00 `" $190.00 1 55 Installation of new Smoke Detector w/Carbon Monoxide alert Hardwired EA $200.00 ; $200.00 , Vinyl Flooring basic, value product to match, glue down product-Leveling _ - ; 1 56 Compound application as necessary w/existing material removal SF $8.00 $13.00 , Vinyl Flooring basic, value product to match, glue down product-Leveling w/o existing material •_ ` 1 57 Compound application as necessary removal SF $5.00 L__=W .. ..# $7.50 Carpet including pad, appropriate thickness up to 1/2 inch.Value product- = 1 58 texture or twist type. w/existing material removal SF $15.00 ery $8.00 ,_,_ , _,_ Carpet including pad, appropriate thickness up to 1/2 inch Value product- w/o existing material < 1 59 texture or twist type. removal SF $12.00' $5.60 L _,_ r.•• , Laminate Wood lay self leveling compound as necessary Floating, click- ` lock style. Including necessary quarter-round or similar trim around proper • v 1.60 expansion area on surround w/existing material removal SF $8.00 $14.00 t ,,, Laminate Wood lay self leveling compound as necessary Floating, click- lock style. Including necessary quarter-round or similar trim around proper w/o existing material 1 61 expansion area on surround removal SF $5.00 $9.15 Ceramic Tile lay self leveling compound as necessary Mortar base, lay 1 62 tile, equal spacing, and installation of mortar to match. w/existing material removal SF $14.00 ,. _ i $23.00 Ceramic Tile lay self leveling compound as necessary Mortar-base, lay w/o existing material 1 63 tile, equal spacing, and installation of mortar to match. removal SF $8.00 i. $16.00 , .p . ,. ,r , Replace outside condenser unit. Include connections and Freon charge. --r programmable 1 64 R410A unit New energystar rated, ro rammable thermostat. 2.5 ton EA $3,700.00 " ,_• , , •_p $5,100.00 �, ", _ • Replace outside condenser unit. Include connections and Freon charge. - .. ;,_ 1 65 R410A unit New energy star rated, programmable thermostat. 3 ton EA $4,000.00 ; _° i Replace outside condenser unit. Include connections and Freon charge. 1.66 R410A unit New energy star rated, programmable thermostat. 4 ton EA $5,000.00 . _w_,,; $8,400.00 L `" connections and Freon charge-connect to existing air box/duct work. ` New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- , 1 67 Gas 2.5 ton EA , $2,700.00;"__y_ _,__ " $5,000.00'.._ - ..- connections and Freon charge-connect to existing air box/duct work. } New energy star rated, programmable thermostat. New float switch at k .. evaporator drain pan, and cleaning of back-up drain piping to exit point- f " 1 68 Gas 3 ton EA $3,500.00`._- s_, , $7,700.00 L , - connections and Freon charge-connect to existing air box/duct work. P 'T New energy star rated, programmable thermostat. New float switch at ; evaporator drain pan, and cleaning of back-up drain piping to exit point- 4 r ,". 1 69 Gas 4 ton EA $4,500.00 s $9,100.00 f_.`' -.,,. Circle Friends All Things Commercial, Line Items Construction Services LLC. Line Description Note to Bidder UOM Unit Extended Unit Extended connections and Freon charge-connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at ; i evaporator drain pan, and cleaning of aback-up drain piping to exit point- ;- 1 70 ELECTRIC 2.5 ton EA $2,700.00 . $5,500.00; ,, connections and Freon charge-connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- 1 71 ELECTRIC 3 ton EA $3,500.00 1 $7,300.00 connections and Freon charge-connect to existing air box/duct work. ;' New energy star rated, programmable thermostat. New float switch at _ evaporator drain pan, and cleaning of back-up drain piping to exit point- '± 1 72 ELECTRIC 4 ton EA $4,500.00 $8,700.00 ., , Replace thermostat, including necessary wiring, mounting, and general v+.t .. 1 73 setting. Digital/programmable, Energy Star where applicable. EA $400.00 . $257.00 i :`..._.u„ _.... so it will not easily be removed. Inclusive of proper wiring for adequate r ; 1 74 power source. 5,000 btu EA $1,200.00 $595.00 so it will not easily be removed. Inclusive of proper wiring for adequate 1 75 power source. 7,500 btu EA $1,500.00 $685.00 so it will not easily be removed. Inclusive of proper wiring for adequate 1 76 power source. 10,000 btu EA $1,800.00 w _' $745.00 '� so it will not easily be removed. Inclusive of proper wiring for adequate r- x _. 1 77 power source. 15,000 btu EA $2,200.00 $895.00 Licensed"HVAC Technician to assess whole home heating and cooling system Includes Freon levels and leak checking,full operation of all major r 1 78 components, etc. Identification of necessary repairs, and full report to City EA $400.00 _ . $375.00 ,_: 1 79 box. EA. $25.00 ...._. .. _.._:u $249.00:_...__.. .�..... .; Prep surface, texture, prime, paint to cover(not inclusive of repairs to wall No removal of existing - .. 1 80 or surface coverings) - material SF $2.00 tt. $8.00 b Prep surface, texture, prime, paint to cover(not inclusive of repairs to wall Removal of wallpaper or w 1 81 or surface coverings) other material SF $3.00 $10.50 <_. ..u., Replace fixture. Include new supply lines for hot/cold water as applicable, Toilet-Round,Standard i` 1 82 connect to supply valve(s), connect to drain(s), and seal as applicable. Height, 1.6 gpf EA $400.00 -1 $486.00 " Replace fixture. Include new supply lines for hot/cold water as applicable, Toilet-Round, Comfort 1 83 connect to supply valve(s), connect to drain(s), and seal as applicable. Height, 1.6 gpf EA $425.00'i ._ _, .. $521.00' rv, Replace fixture. Include new supply lines for hot/cold water as applicable, Bathroom Faucet-4" center 'i 1 84 connect to supply valve(s), connect to drain(s), and seal as applicable. set,single handle EA $150.00' '",_..._:_... $195.00'. Replace fixture. Include new supply lines for hot/cold water as applicable, Shower/Bath Faucet-Single 1 , ' 1 85 connect to supply valve(s), connect to drain(s), and seal as applicable. Handle,with shower head EA $250.00 $496.00; .: Circle Friends All Things Commercial, Line Items Construction Services LLC. Line Description Note to Bidder UOM Unit Extended Unit Extended Shower/Bath Faucet-3 t i Replace fixture. Include new supply lines for hot/cold water as applicable, Handle,with bathtub and ` 1 86 connect to supply valve(s), connect to drain(s), and seal as applicable. shower faucet EA $250.00 $476.00 Replace fixture. Include new supply lines for hot/cold water as applicable, Kitchen Sink-Faucet Only, • i 1 87 connect to supply valve(s), connect to drain(s), and seal as applicable. Single handle, non-pull out EA $200.00 '- , , $226.00 Kitchen Sink-Faucet Only, 2 - n :; Replace fixture. Include new supply lines for hot/cold water as applicable, handle,4 hole with side 1 88 connect to supply valve(s), connect to drain(s), and seal as applicable. sprayer EA $250.00 _.L . _ $264.00 Kitchen Sink-Double basin, Replace fixture. Include new supply lines for hot/cold water as applicable, drop in,with faucet and side 1 89 connect to supply valve(s), connect to drain(s), and seal as applicable. sprayer EA $250.00 $558.00 Replace vanity including necessary sinks and faucets, supply and drain r 1 90 connections, including new supply hoses. Vanity-36"-single sink EA $600.00 _. $1,173.00 Replace vanity including necessary sinks and faucets, supply and drain s - _._ . _r 1 91 connections, including new supply hoses. Vanity-42"-single sink EA $700.00, • $1,252.00 Replace vanity including necessary sinks and faucets, supply and drain " .,. ,, _... "__ 1 92 connections, including new supply hoses. Vanity-60"-double sink EA $1,100.00 . , $2,039.00 Replace vanity including necessary sinks and faucets, supply and drain rK ,''"' 1 93 connections, including new supply hoses. Vanity-84"-double sink EA $1,700.00 „, - $2,600.00 Replace Water Heater unit-include supply and outlet hoses, vent pipe per 1 94 code, and temp/pressure valve piping to code 40 gallon-Gas EA $1,100.00 ;-_ __...___ ,_,J $1,200.00 '.._, ._ Replace Water Heater unit-include supply and outlet hoses, vent pipe per 1 95 code, and temp/pressure valve piping to code 40 gallon-Electric EA $1,100.00 .:` _ $1,400.00 L . Shower/Tub replace unit-include supply and drain connections, sealing of 1.96 any joints as applicable, new faucet and valves as applicable. 36"x 36"x 72"shower EA $2,900.00' ' $1,200.00 i Shower/Tub replace unit-include supply and drain connections, sealing of 1 97 any joints as applicable, new faucet and valves as applicable. 32"x 60"x 77"shower EA $3,200.00 r ,, . $1,400.00! _ _. Shower/Tub replace unit-include supply and drain connections, sealing of . ... "" 1 98 any joints as applicable, new faucet and valves as applicable. 60" alcove bathtub EA $2,600.00 s $1,600.00 . Shower/Tub replace unit-include supply and drain connections, sealing of i ` 1 99 any joints as applicable, new faucet and valves as applicable. 60"walk-in bathtub EA $2,900.00 .;,w_ _ $7,000.00 `,.-,.a ;_ 1 100 3/4" Copper LF $18.00` ' :._ . 1 101 3/4" CPVC LF $10.00` $45.501- ; W_. 1 102 3/4" Galvanized Steel LF $20.00; ..,. $49.00 Repair, up-to re-pipe of existing hot/cold supply piping-include new valves "" . ' 1 103 and connections. 1/2-3/4" Copper LF $20.00 $55.00 . Repair, up-to re-pipe of existing hot/cold supply piping-include new valves " 1 104 and connections. 1/2-3/4" CPVC LF $10.00 ; : $45.00 yw Circle Friends All Things CommerciaL Line Items Construction Services LLC. Line Description Note to Bidder UOM Unit Extended Unit , Extended Repair, up-to re-pipe of existing hot/cold supply piping:include new valves ' 1 105 and connections. 1/2-3/4" Galvanized Steel LF $20.00 $49.00 , Septic Line repair- Up to 4" PVC,ABS, or similar existing material- Updated to PVC or equivalent per International Plumbing and Building Inside Home through floor or 1 106 Code requirements-Excludes flooring price as necessary to repair tunneling LF $100.00 Septic Line repair-Up to 4" PVC,ABS, or similar existing material- Updated to PVC or equivalent per International Plumbing and Building Outside Home to include 4 1 1 107 Code requirements-Excludes flooring price as necessary to repair excavation and backfill LF $150.00 'x 1 108 Clog removal through clean out at individual fixture or component EA $300.00?.- . r, $205.00 ,_.,, y._ Slab Foundation- Pressed to refusal at standard PSI, proper permitting, 1 109 drawings, and plans. Steel shims. Exterior Pylon EA $250.00 Slab Foundation -Pressed to refusal at standard PSI, proper permitting, i 1 110 drawings, and plans. Steel shims. Interior Pylon EA $350.00 ,. . =4 Pier Beam-Adjustment of perimeter and interior beams and piers Shim ,..__-.." 1 111 as appropriate. Include proper permit, drawings, and plans. Adjustment per Pier EA $150.00 __ __._... Extension of short, or replacement of damaged rafter tails to meet 1 112 windstorm requirements. EA $200.00 . ______.. _, ;.µ ...n._..._. ._ under laying and decking, lay minimum 15#felt paper, and lay new lifetime shingle. Permit and windstorm inspection as necessary Price per square . _ ft. To include applicable new drip edge, flashing as applicable, crickets, r 1 113 etc. Asphalt Shingle SF $150.00` s i, under laying and decking, lay minimum 15#felt paper, and lay new lifetime :. ..__... shingle. Permit and windstorm inspection as necessary Price per 10'x10' area. To include applicable new drip edge,flashing as applicable, crickets, ..x ,x 1 114 etc. Asphalt Shingle EA $150.00 , under laying and decking, lay minimum 15#felt paper, and lay new lifetime. shingle. Permit and windstorm inspection as necessary Price per square ft.To include applicable new drip edge, flashing as applicable, crickets, I 1 115 etc. Metal SF $200.00 ' under laying and decking, lay minimum 15#felt paper, and lay new lifetime ,_. r. shingle. Permit and windstorm inspection as necessary Price per 10'x10' area. To include applicable new drip edge, flashing as applicable, crickets, 1116 etc. Metal EA $200.00 _.,, i.... ., ' Replacement of roof- remove and dispose of existing layers of shingles or roofing surface, under laying, and replace any damaged decking. Minimum 4 ;. 15#felt under laying, lifetime 3 tab shingle. Permit and windstorm 1 4 certification WPI-8. Price per square, or 10'x10' area. To include = iz- 1 117 applicable new drip edge,flashing as applicable, crickets, etc. SQ $250.00', '''':_,.i,,..., , , , 1 118 Replacement of roof ventilation fixture Turbine Fan EA $200.00'_' f M 1 119 Replacement of roof ventilation fixture Aluminum Vent Square EA $200.00 1, . _.. 1 120 Replacement of roof ventilation fixture Electrical EA $200.00 Circle Friends All Things Commercial, Line Items Construction Services LLC. Line Description Note to Bidder UOM Unit Extended Unit Extended 1 121 Replacement of roof jack EA $200.00 Siding replace, seal/weatherize joints, paint to match. Hardie-Board or equivalent cement fiber board product, provided equivalent product with 1 122 weather resistant coating will produce similar quality 4'x 8'sheet SF $12.00', $10.75; 4 Siding replace, seal/weatherize joints, paint to match. Hardie-Board or ;r ' equivalent cement fiber board product, provided equivalent product with . 1 123 weather resistant coating will produce similar quality 6.25" lap/plank board SF $10.00 $ $13.00 Siding replace, seal/weatherize joints, paint to match. Hardie-Board or _ equivalent cement fiber board product, provided equivalent product with 1 124 weather resistant coating will produce similar quality 12" lap/plank board SF $10.00 i. . $11.00 Siding replace, seal/weatherize joints, paint to match. Hardie-Board or ?" ,4 ' equivalent cement fiber board product, provided equivalent product with ,, 1 125 weather resistant coating will produce similar quality 1"x 4"w/gutters LF $20.00 LL. $18.00 Siding replace, seal/weatherize joints, paint to match. Hardie-Board or - equivalent cement fiber board product, provided equivalent product with , 1 126 weather resistant coating will produce similar quality 1"x 4"w/o gutters LF $20.00 $7.00 Siding replace, seal/weatherize joints, paint to match. Hardie-Board or °" equivalent cement fiber board product, provided equivalent product with ` ( ' i 1 127 weather resistant coating will produce similar quality 1"x 6" w/gutters LF $20.00' $19.00 t_ Siding replace, seal/weatherize joints, paint to match. Hardie-Board Or :"; ; I` equivalent cement fiber board product, provided equivalent product with 1 128 weather resistant coating will produce similar quality 1"x 6"w/o gutters •LF $20.00' {. $8.00 i ... _ ._: 474 Siding replace, seal/weatherize joints, paint to match. Hardie-Board or - ;: equivalent cement fiberboard product, provided equivalent product with 1 129 weather resistant coating will produce similar quality 1"x 8"w/gutters LF $20.00 $18.00 Siding replace, seal/weatherize joints, paint to match. Hardie-Board or ¢' equivalent cement fiber board product, provided equivalent product with 1 130 weather resistant coating will produce similar quality 1"x 8"w/o gutters LF $12.00'.. ,. . . $7.00 i ,. .. Siding replace, seal/weatherize joints, paint to match. Hardie-Board or i .. . _ equivalent cement fiber board product, provided equivalent product with 1 131 weather resistant coating will produce similar quality 12"vented LF $12.00 ` a $12.00 w Siding replace, seal/weatherize joints, paint to match. Hardie-Board or . ." _ .... i equivalent cement fiber board product, provided equivalent product with ,! 1 132 weather resistant coating will produce similar quality 1"x 4" LF $10.00 ' $7.00 1 133 Flashing-sealed and protected against weather and/or pests or intrusion Galvanized LF $10.00 ___w. w_1 $6.25? .,_ ,_ 1 134 Flashing-sealed and protected against weather and/or pests or intrusion Aluminum LF $10.00 :, s ': $8.85' ._ .... Exterior Grade-Solid Core-Security door, including trim and hardware, 1 135 with paint to match if necessary Metal EA $800.00 $734.00 Exterior Grade-Solid Core-Security door, including trim and hardware, _" __ . 1 136 with paint to match if necessary Wood EA $1,200.00 ..-_ .`. : $684.00; 1 137 French Doors-Vinyl/Fiberglass 60"x 80" EA $1,200.00 ,_ , , ,'q" $1,750.00 _,.rt Circle Friends All ThinooCommercial, Line Items Construction Services LUC. Line Description Note toBidder UOK8 Unit Extended Unit Extended 1 138 French Doors'VinyKFiberglass .72"x80" EA $1,400'00 � $1,975.00 / 1 139 |ntehorOnor'Pre-Hung -HoUowCoreCompnaite 24"VV EA $400'00 '( -__ `— � $389'00r.` `__`_' � 1 140 Interior Door'Pre-Hung 'Hollow Core Composite 30"VV EA $400.00�' - � $44500r 1 141 Interior Door'Pre-Hung-Hollow Core Composite 36"VV EA $40Dl0� . $470.00� ' Remove and � U obycabinet' Unf��hadoakorahnUar Secure buvwaU �- - - —� - - ---''� 1142 Paint or stain to match.Value product. 12"VV EA $200.00� _ � � $149.00[ RemovaandinabaUuabinet- UnfinishadoakoruhnUor Secure bo wall. 1 143 Paint nr stain to match.Value product. 24"VV EA $250.00� $195.00i � Remove and install cabinet'Unfinished oak orsimilar Secure towall. / 1 144 Paint or stain bo match.Value product. VV EA $3DUJ0� $188�O�__~__,_ Remove and � U utaoobinot' Unf��hadoakcxehnUar Secure tovwsU ` �- - — { 1 145 Paint or stain to match.Value product. 36"VV EA $375J0 . ~__ $222.08� Remove existing countertop material, |naba[ �va. aaoLondoaounenew -- } � � 1 146 countertop Va�eprodu�-nppropr�b*�x area ofinota�t�n Laminate SF �4D�D` . $38�0L_____ Remove ax��ngoounte�opmob*ha. Install, �vo. oea. and secure new ' i 147 countertop Vmluepruduct-appropriabe for area ofinstallation Solid Surface, SF $40.00 _ ! $69.00; __ Windstorm windows rated d applicable, double'hung. double pane.Value !~^ ! < 1148 product of vinyl cv equivalent Vinyl-4oSn EA $1,100.00' Windstorm windows rated if applicable, double-hung. double pane.Value 1149 productufv�yurequ�a�n Vlm�'4u6o EA ����0]�O|` � ! - VV/ndutonn windows rated K applicable, double+hung. double pane. Value 1 150 product uf vinyl cx equivalent Vinyl 36"x24" EA $700.00,:_ _._ ` City of Pearland 3519 Liberty Drive Pearland, TX 77581 GENERAL SERVICES CONTRACT NO. Housing Repair Program — Home Repairs (CDBG) THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation ("City") and Contractor ("Contractor"), as follows: Contractor: Description of Services: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: Circle Friends Construction Home Repairs $185,000 10/25/2021 9/30/2022 Per Contract R2021-241 ADDITIONAL CONTRACT DOCUMENTS: 1. Attachment A: Scope of Work 2. Attachment B: Bid/Pricing Schedule 3. Attachment C: Insurance and Bond Requirements 1 CONTRACT FOR GENERAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Peai land ("CITY") and Circle Friends Construction ("CONTRACTOR"), The CITY engages the CONTRACTOR to perform professional services for a project known and described as CDBG Home Repair Program, with the potential for additional, eligible, similarly -situated scope of work and costs to be added if applicable. SECTION I -SERVICES OF THE CONTRACTOR The CONTRACTOR shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONTRACTOR shall provide General Residential Repairs and Minor Home Rehabilitation Services, primarily for the Community Development Block Grant (CDBG) Program. The work will be comprehensive in nature and will support achieving the overall goal of administering home repairs for low -moderate income owner -occupied residences in accordance with grant -funding requirements set forth by the U.S. Department of Housing & Urban Development (HUD) See Attachment A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. B. The CONTRACTOR shall also conduct its business in accordance with HUD -applicable regulations in 24 CFR 570 and all of the conditions set forth therein, unless otherwise negotiated and agreed upon herein. C. The CONTRACTOR acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of fiends, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or CONTRACTORS, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONTRACTOR agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONTRACTOR shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONTRACTOR recognizes that all drawings, special provisions, Feld survey notes, reports, estimates and any and all other documents or work product generated by the CONTRACTOR under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONTRACTOR shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and 7 omissions relating to the performance of any work by the CONTRACTOR, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONTRACTOR shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. The CONTRACTOR shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONTRACTOR shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONTRACTOR'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. Attachment C provides an overview of insurance requirements. G. The CONTRACTOR shall indemnify and hold the CITY, its officers, agents, and employees, harmless fi•om any claim, loss, damage, suit, and liability of every kind for which CONTRACTOR is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONTRACTOR, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONTRACTOR, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONTRACTOR is not to be considered an agent or employee of the CITY. SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end September 30, 2022. 3 SECTION III - CONTRACTOR'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B and shall be subject to the budget specifications outlined in Attachment B. B. The CITY shall pay the CONTRACTOR in installments based upon monthly progress reports and detailed invoices submitted by the CONTRACTOR based upon the following: Total and Basic Services $185,000 C. The CITY shall make payments to the CONTRACTOR within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D. CONTRACTOR shall invoice for work performed during the preceding thirty -day period ("Billing Period"). The Billing Period shall run from the 26"' day to the 25"' day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONTRACTOR shall be responsible for timely submittal of all invoices and CONTRACTOR shall not be entitled to payment for invoices excessively in arrears. All invoices shall reflect most recent single 30-day Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period, E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable" the CONTRACTOR shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONTRACTOR shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONTRACTOR shall be responsible for ensuring that such authorization is complete and executed by all parties prior to performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. F. Allowable Reimbursable Expenses No cost -reimbursement allowances are included in this agreement. Scope and costs are limited to the CONTRACTOR'S work and compensation as agreed upon herein, as noted in Attachment A and Attachment B. SECTION IV -THE CITY'S RESPONSIBILITIES H. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. I. The CITY shall review submittals by the CONTRACTOR and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONTRACTOR'S work. The CITY will keep the CONTRACTOR advised concerning the progress of the CITY'S review of the work. The CONTRACTOR agrees that the CITY'S inspection, review, acceptance or approval of CONTRACTOR'S work shall not relieve CONTRACTOR'S responsibility for errors or omissions of the CONTRACTOR or its sub-CONTRACTOR(s) or in any way affect the CONTRACTOR'S status as an independent contractor of the CITY. 4 SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONTRACTOR personally or by certified mail at 13831 Rosemere Lane, Houston TX 77047. Immediately after receiving such written notice, the CONTRACTOR shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONTRACTOR shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONTRACTOR under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15"' day following termination of the CONTRACT. C. In the event of such termination, the CONTRACTOR shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONTRACTOR has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONTRACTOR under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONTRACTOR based upon the scope of work. E. In the event this CONTRACT is ter•rninated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONTRACTOR. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONTRACTOR and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI —ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII —COVENANT AGAINST CONTINGENT FEES The CONTRACTOR affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR to solicit or secure this CONTRACT, and that he has 5 not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII —FEDERAL UNIFORM REQUIREMENTS Equal Opportunity Per federal regulations in 41 CFR Part 60-1.4(C)(b), during the performance of this contract, the CONTRACTOR: (1) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The 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 be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the comractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The CONTRACTOR will include the option of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor 01' vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States." Davis -Bacon Act Not Applicable for Non-Constructzo�z Copeland "Anti -Kickback" Act (1) CONTRACTOR. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal government may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONTRACTOR and subcontractor as provided in Contract Worlc Hours and Safety Standards Act Applicability: This requirement applies to all federal grant and cooperative agreement programs. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity in excess of $1 00,000 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 at 29 C.F.R. Part 5. See 2 C.P.R. Part 200, Appendix II, § E. Under 40 U.S.C. § 3702, each CONTRACTOR 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. 7 The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. The CONTRACTOR nor subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for al] hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set fly lth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City of Pearland upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime CONTRACTOR, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) tln•ough (4) of this section and also a clause requiring the subconh•actors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement. If the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of patties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non -Federal entity must comply with the requirements of 24 CFR Part 85 and any implementing regulations issued by HUD. Debarment and Suspension. Applicability: This requirement applies to all federal grant and cooperative agreement programs. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non -procurement Debarment and Suspension). These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, § 1; and Chapter N, § 6.d and Appendix C, § 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of patties debarred, suspended, or otherwise excluded by agencies, as well as patties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV, § 6.d and Appendix C, § 2. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes patties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any non -procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non -procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. Specifically, a covered transaction includes the following contracts for goods or services: (I) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of the awarding federal agency, regardless of amount. (3) The contract is for federally -required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either federal approval, or is in excess of $25,000. This conh•act is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R, pt. 3000. As such the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) 01' disqualified (defined at 2 C.F.R. § 180.935). The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R, pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by Circle Friends Constl•uction. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Texas Division of Emergency Management (TDEM) and/or the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 0 Byrd Anti -Lobbying Amendment. Applicability: This requirement applies to all federal grant and cooperative agicemem programs. Contactors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix 1I, § J; 44 C.F.R. Part 18; Chapter N, 6.c; Appendix C, § 4. 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. See Chapter IV, § 6.c and Appendix C, § 4. Per the Byrd Anti -Lobbying Amendment. 31 U.S.C. § 1352 (as amended), should the CONTRACTOR bid for an award of $100,000 or more, the CONTRACTOR shall 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 shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Certification Regarding Lobbying The undersigned CONTRACTOR certifies, to the best of his or her knowledge, that: Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated fiends have been paid or will be paid 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require the language of this certification be included in agreements for all subawards and tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any 10 person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONTRACTOR, Circle Friends CVila h'uctlon certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Printed Name and Title of s Authorized Official L VA D to Applicabiliiy: This requirement applies to all federal grant and cooperative agreement programs. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, § K; 2 C.F.R. § 200.322; Chapter V, § 7. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of II competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price. Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, htlp://www.epa.gov/cpg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/prodticls.htm. The Uniform Rules authorize the federal government to require additional provisions for non -Federal entity contracts. Pursuant to this authority, the following are required: Changes. 11 To be eligible for federal assistance under the non -Federal entity's grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. It is recommended, therefore, that a non -Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end -item procured. Access to Records. The following access to records requirements apply to this contract: (1) The contractor agrees to the City of Pearland, U.S. Department of Housing &Urban Development, the Comptroller General of the United States, and the Secretary of the U.S. Treasury, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the federal government or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." Seals, Lo�;os, and Flaps. The CONTRACTOR shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of any federal, State or local agency without specific pre -approval from any such agency; particularly, as it relates to DHS Standard Terms and Conditions, v 3.0, § XXV (2013). Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, federal policies, procedures, and directives. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other patty pertaining to any matter resulting from the contract. Prop_ram Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. SECTION IX —HUD/GLO COMMUNITY DEVELOPMENT BLOCK GRANT 12 A. HUD National Objectives: The CONTRACTOR shall complete activities herein in such a manner to help the City meet community development needs having a particular urgency, as defined in 24 CFR 570.208. B. GENERAL COMPLIANCE: The CONTRACTOR agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart J and subpart K of these regulations, except that (1) the CONTRACTOR does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the CONTRACTOR does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The CONTRACTOR also agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this Agreement. The CONTRACTOR further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The CONTRACTOR shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG Program. The applicable laws and regulations include, but are not limited to: ■ 2 CFR Part 200 ■ 24 CFR Part 570; ■ 24 CFR Parts 84 and 85; ■ The Davis -Bacon Fair Labor Standards Act; ■ The Contract Work Hours and Safety Standards Act of 1962; ■ Copeland "Anti -Kickback" Act of 1934; ■ Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA); ■ Title VI of the Civil Rights Act of 1964; (Public Law 88-352 implemented in 24 CFR Part 1) ■ Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (Public Law 90-234 and Executive Ordei 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107); ■ Sections 104(b) and 109 of the Housing and Community Development Act of 1974; ■ Section 3 of the Housing and Urban Development Act of 1968; ■ Equal employment opportunity and minority business enterprise regulations established in 2 C.F.R. Part 200, Appendix II, ¶ C and24 CFR part 570.904; ■ Non-discrimination in employment, established by Executive Order 11246 (as amended by Executive Orders 11375 and 12086); ■ Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility; ■ The Architectural Barriers Act of 1968; ■ The Americans With Disabilities Act (ADA) of 1990; ■ The Age Discrimination Act of 1975, as amended; ■ National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended; ■ Lead Based paint regulations established in 24 CFR Parts 35, 570.608, and 24 CFR 982.401; ■ Asbestos guidelines established in CPD Notice 90-44; ■ HUD Environmental Criteria and Standards (24 CFR Part 51); 13 ® The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; Historic Preservation Act of 1966, as amended, and related laws and Executive Orders; Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq.); ■ Flood Disaster Protection Act of 1973. C. RELOCATION, REAL PROPERTY ACQUISITION AND "1-FOR-10 The CONTRACTOR agrees to comply with (1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (2) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (3) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Grantee may, however, preempt the optional policies. The CONTRACTOR shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The CONTRACTOR also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. Displacement of persons (including families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with CDBG fiends is generally discouraged. D. LAND COVENANTS: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the CONTRACTOR shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The CONTRACTOR, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. E. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES: The CONTRACTOR shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under CDBG program after December 11, 1995 and that meets the definition of a "residential structure" as defined in 24 CFR Part 40.2 or the definition of a "building" as defined in 41 CFR Part 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards. The Americans with Disabilities Act ("ADA') (42 USC 12131; 47 USC 1555 210, 218, and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable —that is, easily accomplishable and able to be carried out without much difficulty or expense. F. SECTION 3 COMPLIANCE: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, ILI and all applicable rules and orders issued thereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CONTRACTOR and any of the CONTRACTOR'S subcontractors. Failure to fulfill these requirements shall subject the CONTRACTOR and any of the CONTRACTOR'S subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The CONTRACTOR certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The CONTRACTOR further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted tinder a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The CONTRACTOR further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The CONTRACTOR further agrees to award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The CONTRACTOR certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. SECTION X —SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. SECTION Al —ENTIRE AGREEMENT This CONTRACT constitutes the entire agreement between the C1TY and the CONTRACTOR for the use of fiords received under this CONTRACT and it supersedes all prior or contemporaneous communications IN and proposals, whether electronic, oral, or written between the CITY and the CONTRACTOR with respect to this CONTRACT. Except as expressly provided otherwise, this CONTRACT is intended to be solely for the benefit of the parties and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy, claim, cause or action or other right. This CONTRACT shall be construed in accordance with the laws of the State of Texas. In the event of any dispute over the Agreement's terms and conditions, the exclusive venue and jurisdiction for any litigation arising thereunder shall be in the District Court of Brazoria County, and, if necessary for exclusive federal questions, the United States District Court for the District of Texas. IN WITNESS WHEREOF, the Parties have executed this CONTRACT as of the date of the most recent signatory. Clay Pearson, Ci Manager Derek Jackson, Principle SIGNAT 16 ATE I, `��� G1cSo �✓ (Person name), the undersigned representative (hereafter referred to as "Representative") of Ci reA fri n d,s C®n 5 ¢ Svcs (company or business name, hereafter referred to as "Business Entity'), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270,001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include anction made for ordinary business purposes. �� OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this �� day of i >fc C. vim" , 20 Z 1. Notary Public �``A h4ARISELA SALINAS VELA My Commtsston Expires September 29, 2025 17 ATTACHMENT A —SCOPE OF WORK The Scope of Work shall include the eligible, authorized repairs to damaged residential property within the City of Pearland, as ordered and approved by the City of Pearland. The Scope of Work in total shall not exceed the contract value unless otherwise authorized by the City of Pearland, and each individual residential repair activity shall be limited to the amount authorized, per project, by the City of Pearland. ATTACHMENT B - BID/PRICING SCHEDULE 19 ATTACHMENT C — INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Workers' Compensation Statutory Limits City to be provided a WAIVER Employers' Liability $100,000 per occurrence OF SUBROGATION and 30-day notice of cancellation or material change in coverage. City to be listed as additional 2* Commercial General Personal Injury - $1,000,000 per (Public) Liability to include person; Property Damage - insured and provided 30-day coverage for: $1,000,000 per occurrence; notice of cancellation or a) Premises/Operations General Aggregate - material change in coverage. b) Prod ucts/Cornpleted $1,000,000 Operations City shall be provided 30-day c) Independent notice of cancellation or Contractors material change in coverage. d) Personal Injury e) Contractual Liability 30 Business Auto Liability to Combined Single Limit - include coverage for: $1,000,000 a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles CERTIFICATE OF INSURANCE FORMS AND OTHER APPLICABLE INSURANCE DOCUMENTATION MUST BE SENT TO THE CITY'S PURCHASING DEPARTMENT AT, and in the FOLLOWING MANNER: PURCHASING OFFICER C/O —CONTRACT ADMINISTRATION RE: VENDOR INSURANCE REQUIREMENTS CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND TX 77581 20 CERTIFICAT OF I T RESTED PAKT"1 b FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 20 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2021-828034 Circle Friends Construction Services Rosharon, TX United States Date Filed: 2 Name of governental entity or state agency that is a party to the contract for which the form is 12/01/2021 m being filed. Date Acknowledged: city of pearlandomm 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. R2021-241 residential construction Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. a 6 UNSWORN DECLARATION My name is PenckfGt Gki C)U✓ and my date of birth is ly le) My address is � %�9 �� rzul i igd) q4 -6�3 775 5 (street) J (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature o 1 orized agent of contracting business entity G` (Declarant) Forms provided by Texas Ethics CommissionVersion V1,1.191b5cdc www.ethics.state.tx.us