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R2022-215 2022-09-26RESOLUTION NO. R2022-215 A Resolution of The City Council of the City of Pearland, Texas, renewing a contract 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 $140,065.00. 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 contract is hereby renewed (1st renewal) with Circle Friends Construction, in the amount of $140,065.00. 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 26th day of September, A.D., 2022. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 72F25F9F-2561-410E-9F87-51A935D77E4C DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F • Exhibit A 0 A, — `' iPEARLANDj Cityof Pearland r E X A S 3519 Liberty Drive FS r s9( Pearland,TX 77581 T. 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. Circle Friends Construction Descnption of Services. Home Repairs Contract Amount: $140,065 Effective Date: 10/01/2022 End Date: 9/30/2023 Renewals. Per Contract,this is the 1"renewal,with one(1)additional renewal remaining. Resolution No/Bid No: R2022-215 ADDITIONAL CONTRACT DOCUMENTS: 1 Attachment A. Scope of Work 2. Attachment B Pricing Schedule 3 Attachment C: Insurance and Bond Requirements 1 DocuSign Envelope ID:1B67909D-1536-4D47-9FBD-98D226855E8F CONTRACT FOR GENERAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland("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 funds,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, field 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 2 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F 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 pnor 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.Pnor 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 CON TRACTOR shall indemnify and hold the CITY, its officers, agents, and employees, harmless from 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 30,2023 3 DocuSign Envelope ID'1 B67909D-1536-4D47-9FBD-98D226855E8F 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 completed,approved scope of work progress and detailed, City-approved invoices submitted by the CONTRACTOR based upon the following: Total and Basic Services $140.065 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'h day to the 25th day of each consecutive month. Invoices shall be submitted to CITY upon the certified completion of specific home repair program activities. CONTRACTOR shall be responsible for timely submittal of all invoices and CONTRACTOR shall not be entitled to payment for invoices excessively in arrears. 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 wntten 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 forwork 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 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F 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 termmated,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 15th 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 terminated,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 Brazona 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 DocuSign Envelope ID:1B67909D-1536-4D47-9FBD-98D226855E8F 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 contractor, 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 nondiscnmination 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 6 DocuSign Envelope ID:IB67909D-1536-41347-9FBD-98D226855E8F (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-Construction 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 29 C.F.R. § 5 12." Contract Work 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.F.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 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F 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 all 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 terntory), 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 in paragraph(1)of this section. (3) Withholding for unpaid wages and liquidated damages. The City of Pearland upon its own action or upon wntten 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)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CON TRACTOR 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 8 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F 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, § I, 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 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)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 Fnends Construction.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." 9 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F Byrd Anti-Lobbying Amendment. Applicability. This requirement applies to all federal grant and cooperative agreement programs. Contractors 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 II, §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: 1 No 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 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,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 DocuSign Envelope ID•IB67909D-1536-4D47-9FBD-98D226855E8F 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 Construction,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 Signature of CONTRACTOR's Authorized Official Date Printed Name and Title of CONTRACTOR's Authorized Official Procurement of Recovered Materials. Applicability. 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 matenals 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. Additional Federal Requirements. The Uniform Rules authorize the federal government to require additional provisions for non-Federal entity contracts.Pursuant to this authority,the following are required: 11 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F Changes. 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,Logos,and Flags. 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. Program 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. 12 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F SECTION IX—HUD/GLO COMMUNITY DEVELOPMENT BLOCK GRANT 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 govemmg 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 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 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, 13 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F • 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 C. RELOCATION, REAL PROPERTY ACQUISITION AND "1-FOR-1:" 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 funds 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 carryout 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 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 conununication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be earned out without much difficulty or expense. 14 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F 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, 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 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. SECTION X—SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto SECTION XI—ENTIRE AGREEMENT 15 DocuSign Envelope ID•IB67909D-1536-4D47-9FBD-98D226855E8F This CONTRACT constitutes the entire agreement between the CITY and the CONTRACTOR for the use of funds received under this CONTRACT and it supersedes all prior or contemporaneous communications and proposals,whether electronic,oral,or written between the CITY and the CONTRACTOR with respect to this CONTRACT SECTION XII—NO THIRD-PARTY BENEFICIARIES 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. SECTION XIII—GOVERNING LAW AND JURISDICTION 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 Brazona 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 City of Pearland Clay Pearson,City Manager Authorized Official 1—DocuSIgned by: PLOSOIA, 9/27/2022 4 18 PM CDT Vdlang DATE Contractor Derek Jackson,Principle SIG ; ` . ' DATE 16 DocuSign Envelope ID:1B67909D-1536-4D47-9FBD-98D226855E8F House Bill 89 Verification I, (Person name), the undersigned representative (hereafter referred to as "Representative") of (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 an action made for ordinary business purposes. SIGNAT'UR7/ PRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ls} day of 1A0V()Y." , 20,yt,, 1Lth7V PaVP„B•a SHELBY LOWE is°• :Notary Public,State of Texas Notary Public +e Comm.Expires 04-28-2026 - °;1V' Notary ID 133733272 17 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F ATTACHMENT A—SCOPE OF WORK The Scope of Work shall be limited to the eligible, authorized repairs to damaged residential property within the City of Pearland, as ordered and approved by the City of Pearland, and within the parameters of the City of Pearland Home Repair Program Guidelines (attached immediately hereafter) 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. 18 DocuSign Envelope ID:1B67909D-1536-4D47-9FBD=98D226855E8F Home Repair Program (HRP) Program Policies and Guidelines I ,„,'IC p ..., It 1;611lir:)).111ii.1 v g ) ,ck __,,,,,,, ,t .. , , 1 ,: 1 I --) 1 i / \\:\1, 1, i) 1 i / \ : , ' — , \ T E A S re 14411111Pir% s 9 City of Pearland Community Development Block Grant(CDBG) funded by the U S. Department of Housing & Urban Development(HUD) DocuSign Envelope ID•IB67909D-1536-4D47-9FBD-98D226855E8F For use by 10/1/2021 Table of Contents Introduction Administration 4 II Program Objectives 4 III Repair vs. Replacement. 6 IV Maximum Repair/Replacement Cost Threshold 7 V Insurance and Indemnification 7 VI General Eligibility of Applicants. 8 VII Ineligible Applicants 9 VIII Ineligible Properties 9 IX. The Process. 11 X. General Restrictions and Other Program Policies 13 XI Forms and Required Documents 14 XII Grievances and Complaints. 14 XIII Customer Service Basics. 15 XIV Officiation and Implementation 15 2IPage Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:1B67909D-1536-4D47-9FBD-98D226855E8F Revision Notes 6/6/2022: Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID•1B67909D-1536-4D47-9FBD-98D226855E8F INTRODUCTION The City has established the Home Repair Program (HRP), which is designed to provide Pearland's low-moderate income residents with services that can repair eligible owner- occupants' single-family residences. Uninsured storm damage from natural disasters, normal wear and tear, deterioration, vandalism, and damages from other occurrences can be repaired through the program. HRP activities are designed to• • Prevent blighting influences and deterioration of property and neighborhoods. • Preserve and improve the quality of the City of Pearland housing stock for low-moderate income persons. • Alleviate prevalent life, health, and safety concerns in single family homes occupied by low-to moderate-income homeowners. • The safe and legal abandonment of failed water and/or wastewater lines of service, septic tanks, and/or water wells, when a connection of eligible residences to local water/wastewater systems is made. By HUD regulation, cannot make any cosmetic improvements to the homes. The following guidelines establish and provide the outline of the functions of the housing repair activity within the City of Pearland HRP Because the program is regulated by federal agency rules and has a number of stipulations and restrictions as to how it can be used, HRP Guidelines have been created to ensure compliance with HUD regulations and to make certain the program impacts its intended beneficiaries. High-priority target audiences for our efforts obviously exist, which include the following, in no specific order of importance. • Elderly and disabled extremely low (</= 30% of median area income levels) or very low income (</= 50% of median area income levels); • Generally low-to-moderate income residents (</=80% of median area income levels); • Residents with visibly dilapidated/dilapidating single-family dwellings, • Urgent need situations arising from uninsured catastrophic damage caused by a major declared disaster; and/or • Matters involving life, health, and safety that purport to a threat to the well-being of the residents, particularly those of elderly and/or disabled conditions. Finally, a variety of forms are required to solidify the qualification/eligibility of applicant(s), the home/structure, scope of repair work to be performed/completed, and other aspects of the program. These forms may change periodically as regulations change, administrative best management practices and trends adjust over time, and other issues arise that call for revisions. Cooperation among the parties involved is critical in order to result in a successful repair program. Based on the need to comply with a number of regulatory and best management practices, this program may NOT result in the most timely turnaround in the form of actual repair 4IPage Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F work being completed, so all participants are urged to use patience and caution when making the decision to participate in the program: I. Administration Management and oversight of the City of Pearland's Community Development Block Grant (CDBG) program takes place via the City's Administration Department, under the supervision of the City's Grants & Special Projects Administrator Day-to-day operation of the CDBG Home Repair Program is carried out by the Community Development Department— Planning Division A Home Repair Program Officer provides 100% full-time equivalency for coordination and implementation of the program. General Program Administration funding can be used for any of the City's general management and oversight of the program. However, day-to-day coordination and implementation efforts must be covered with CDBG Housing Rehab Administration (Program Delivery)funding. II. Eligible Repair Elements and Definitions Pearland's HRP is limited to completing minor home repairs. Repairs are, therefore, limited to no more than $50,000 in any case, and must not exceed 50% of the total appraised current market value of the applicable, single-family, owner-occupied residential structure (improvements only). Repairs shall exclude cosmetic alterations and additions, with the exception of those that are the consequences of an underlying need to protect, sustain, and preserve the structure or eligible repairs to the structure (i.e., paint-to-match, prime plus paint to protect, etc.). Repairs that abate applicable code violations within the structure may also be considered for eligibility HRP can be used to repair and/or replace damaged flooring, damaged roofing, damaged windows and doors, as well as the installation of damaged or missing weatherization items, accessibility/mobility features directly associated with a disabled resident and/or mechanical/ electrical/plumbing, fire alarms, and/or carbon-monoxide detectors. The following section goes into specific detail on how the program can address various items. • Accessibility and Flooring Repairs necessary to address mobility, accessibility, entrance, and egress concerns to, in, and around the home for those with physical, mental, visual, or other disability These improvements are supported by the ADA Act of 1990 and Section 504 of the Rehabilitation Act of 1973. This may include lowering of counters, light switches, door handles, and plumbing fixtures or built-ins, widening of doorways; restructuring of bathrooms, grab bar installation, and addition of access ramps. Flooring improvements may be made as a necessity for mobility concerns, and may include; removal of thresholds, carpet, and other impedances; and installation of a quality vinyl wood plank or similar material to remove any present trip hazards. o For the program to consider installation of ADA accessibility features, at least one household member or a local area immediate non-household family member (non-custodial child, elderly parent, non-resident spouse.) that has a purpose for visiting the home on a regular basis must be disabled, and/or medically require such modifications to enhance accessibility or mobility to, thru, and from the structure. The allowance for non-resident/household family member can be subject approval on a case-by-case basis. Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F o Section 504 of the Rehabilitation Act of 1973 may allow for mobility/accessibility repairs to be completed if the residence is also the space used for education purposes, for home-schooled children that live in the home. • Mechanical, Electrical, and Plumbing: Repairs to and installation of systems, components, or other elements of HVAC system Electrical repairs, replacements, and installations shall be to alleviate potential safety and fire hazards as their priority, and governed by adopted International Code Council requirements for lighting. These may include, switches, outlets, GFCI outlets, fixtures, breaker panels, and wiring repairs. Plumbing repairs may include bathroom and kitchen fixtures, and water supply and sewer repairs; in addition to proper connection to city water supply and sewer lines, with proper abandonment of septic systems. Such repairs shall be evaluated for necessity and potential impact on the household and other repairs as per the requirements of applicable adopted codes. Repairs are exclusive to items in direct correlation to the preservation of the main structure, and shall not cover pools, spas, or other accessory structures on the property • Roofs: Roof repairs may be covered, based on criteria established by these guidelines, the walkthrough checklist, and the use of any necessary and applicable insurance standards and review as well as federal policies or standards for repair and replacement. In addition, any available means of lesser repair, which would sufficiently abate; water damage, potential for further structural damage to internal components, or integral deficiencies against severe weather elements, shall be exhausted prior to potential replacement becoming a possibility; unless prior inspection and/or 'evidence proves replacement unavoidable and necessary to abate severe conditions present, or it is found that prior repair efforts have been unsuccessful in alleviating the above conditions. • Windows and Doors: Windows and exterior doors which are broken, leaking, or in other state of failure; which may pose an egress or other safety concern may be replaced under the program Windows and doors shall be replaced with an Energy Star Rated product. Windows may be added in living quarters per adopted International Code Council requirements of egress and ventilation. • Fire Safety and Security. The program may cover installation of smoke detectors, dead bolts, and other devices for security and egress purposes as governed by adopted International Code Council regulations. • Energy Efficiency and Energy Star Rating: Applicable Energy Star rated quality should be in place when addressing issues of weatherization, appliance failures and repairs/replacement, or other efforts to make a qualified structure more energy efficient and better weatherized. These may include attic and exterior wall insulation, radiant barriers, solar attic fans, weather stripping, solar screens, improved thermostats, ceiling fans, and other measures. • Foundation Repairs: Foundation upheaval, sagging, cracks, settling or sinking, uneven flooring and other typical foundation problems/symptoms can be indications that repairs be made in this area. Traditional and/or non-traditional signs of foundation damage 61Page Effective 10/1/2021 Rev'6/6/2022 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F should be used as the initial sign a further examination should be done. It must be noted, however, that exterior cracks involving brick homes should FIRST be carefully inspected, as they may simply be related to wear and tear on the mortaring OR relate to the engineered seam in a modular construction product used in the installation of older exterior elevations in homes built during the late 1970s and early 1980s. In the event an exterior elevation product involves such modular construction materials/products, the worn seam may be resealed with an applicable, appropriate sealant product, and possibly re-mortared at the seam, based on the discretion and expertise of the contractor Ineligible Repairs Generally, most structural and/or functional construction elements and fixtures of a residential property are eligible for repair or replacement. However, there are some notable aspects of a residential structure that are subject to exclusion, including but not limited to: 1 Garage doors; 2. Areas of a garage that do not pose an immediate threat to the safety of the property owners/occupants; 3. Areas of a detached garage that do not pose an immediate threat to the health of the property owners/occupants, due to the threat's lack of a physical adjacency to a living space/quarters (above-garage living quarters/apartment or "in-law" suite); 4 Areas of an attached garage that do not pose an immediate threat to the health of the property owners/occupants, due to the threat's lack of a physical adjacency to attic storage that is uninterrupted in relation to attic storage above the living quarters of the home, and/or 5 Other non-living quarters or spaces that do not pose an immediate threat to life, health, and/or safety of the occupants and such threats cannot be avoided, 6 Private driveways and/or sidewalks, to the extent ADA compliance is not a factor; 7 Carports and/or certain porte cocheres; 8 Awnings and overhangs that are not attached to roof structures, 9 Mail boxes; 10 Any and all items subject to NFIP flood damage claims, other federally-assisted home repair programs, and/or the subject of an ongoing claim involving another government source of funds Ill Repair vs. Replacement Standards for determining the repair and/or replacement of damaged items include the following characteristics: • Replacements and installation of new items can be considered if/when the item is both inoperable and irreparable, and involves a damaged item that serves the purpose of providing a normal, basic mechanical, electrical, or plumbing function and is attached to the structure. Additionally, replacement of flooring can be made if the damaged area constitutes more than 50% of a room and is a threat to the life, health, and/or safety of 7IPage Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855ESF the occupant(s). Roof repairs are eligible for the portion of a damaged roof, unless the total damage is more than 50% of the entire roof area of the structure AND the damage involves a threat to the life, health, and/or safety of the occupant(s). Replacement of an entire roof can be made if more than 50% of the roof is damaged AND damage involves a threat to the life, health, and/or safety of the occupant(s) AND the cost-benefit of replacement is more cost-effective than the cost of repairs. • Repairs to damaged items can be considered if/when an item is NOT damaged to the extent that a general, safe, and sustainable repair can be made, and is cost-effective in comparison to replacement. The types of repair efforts that should be included when assessing repair vs. replacement would often involve asking the following types of questions: o Wood Can the surface's coating/paint be safely removed, the surface sanded, and a proper protective material (basic prime/paint and/or stain) be used to protect and preserve the quality of the repair? o Metal: Can the item be reshaped or cleaned and mechanically refurbished onsite, without outsourcing the work, with minimal skill, and in a way that sustains its functionality? o Mechanical/Electrical/Plumbing. Are there fuses, switches, batteries, wiring, and/or repairable connections that can be replaced to avoid replacement of an entire device/appliance or system? Has an assessment been performed by a qualified, certified professional that details the conditions of the MEP item in the form of a report or other documentation? o Windows with Glass: Does the window itself require full replacement or can the glass safely and easily be replaced? Can latches and security locks be replaced instead of replacing the entire window unit? Can an inoperable window be dismantled and inspected for repair before arbitrarily deciding to remove and replace the entire unit? • A basic cost-benefit analysis should be completed in either case (repair vs. replacement), to document and demonstrate the :basis for the decision to use either option as a way to remediate damages. Time and effort should be included in the formula for calculating cost-benefit, and the formula used should be documented and signed off on by the staff completing the analysis, with as many notes and details as to why the decision resulted in the outcome it did. The basic format for doing this type of analysis should include the cost of materials, labor and the amount of time needed to complete a repair vs. a replacement. IV. Maximum Repair/Replacement Cost Threshold For purposes of the HRP, housing repair will be limited to $15,000 per dwelling, unless more extensive repairs are required, at which time the City of Pearland Oversight and Management Personnel will be required to review and approve the repair(s). The City of Pearland Oversight and Management Personnel may amend the maximum repair level for all dwellings. Due to Wage Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F COVID=19 pandemic issues, particularly those requiring any protective measures and the impact of the current supply chain marketplace (and related costs/pricing), the $15,000 cap is likely to be amended. Nonetheless, exceeding that amount requires approval by the City Manager V Insurance and Indemnification • Eligible dwellings must have general property damage insurance, windstorm insurance, and, if in the 100-year floodplain and/or 500-year floodplain, be covered by the National Flood Insurance Program (NFIP). The CDBG program, may, at the discretion of the COP Managers, opt to fund a survey for flood insurance and the first year's premiums of any or all three of the required insurance policies. However, properties located within either of the aforementioned floodplains may be limited:in the types of repairs that can be done with HRP funding, possibly to items that are located above the Base Flood Elevation for the area. Repetitive and/or Severe-Repetitive Loss properties located in the City's Special Flood Hazard Area (SFHA) may not be eligible for participation in this program. • Properties repaired with CDBG HRP funds are subject to a lien in the amount not to exceed the cost of repairs, particularly those involving durable and depreciable assets (roofing, foundation, structural elements, HVAC units, etc.). In addition, mortgaged homes with a substantial number of existing liens may not be eligible to participate in the program. Upon recording a lien, the City will document and inventory the capitalized assets in its applicable financial management/enterprise system, determine the amortization schedule for depreciating such assets, and establish a timeline for the expiration of the lien based on standard Best Management Practices (BMP) for depreciation/disposition of material, capital assets. VI. General Eligibility of Applicants • Low- to moderate-income. Households with total household incomes that are 80% or less of the median income by household size for the applicable county the property is located Because Pearland is geographically located within portions of Brazoria County, Fort Bend County, and Harris County, the address location of the property must be taken into consideration when assessing eligibility of the household Applicable, annual HUD income limits must be used, in accordance with HUD regulations, when determining income level eligibility for participating in the program. HUD income limit information may be found at http.//www.huduser.orq/portal/datasets/il.html The categories within low- to moderate-income include: o Extremely Low Household incomes that are 30% or less of the currently defined median income by household size, o Very Low (or Low): Household incomes that are 30 1% through 50% of the currently defined median income by household size, and o Moderate. Household incomes that are 50 1% through 80% of the currently defined median income by household size: Wage Effective 10/1/2021 Rev'6/6/2022 DocuSign Envelope ID:1B67909D-1536-4D47-9FBD-98D226855E8F • Included and Excluded Types of Income o General Description:Adjusted Gross Income such as reported on IRS Form 1040 for any and all household members 18 years or older, excluding unrelated live-in caregivers. o Income by Source and Type Specific types of income from various income sources must be included in an application for HRP assistance. These include: • Wages and salaried prior to payroll/benefit deductions; • Commissions; • Pension payments, • Payments from Annuities; • Social Security Payments(including supplemental and disability); • Veterans benefits; • General assistance program payments (Supplemental Nutritional Assistance Program, etc.); • Interest, Dividends, and/or net Rental Income from Investments and/or Property; and/or • Revenue generated through the operation of a personal vehicle, motor craft, or other means as a self-sustaining business or income (ride share, taxi, etc.). Specific types of income NOT to be included in a HRP application are: • Casual, sporadic, or irregular gifts, inheritances, or tax refunds, • Reimbursement of medical expenses or other similar costs; • Insurance payments under health, accident, worker's compensation insurance, • Educational scholarships paid directly to the student or educational institution, • Veteran's educational expenses paid by the federal government; • Special pay to armed forces personnel, head of a family away from home and exposed to hostile fire, • Foster child-care payments, • Payments received from participation in national volunteer programs and/or foster programs; • Temporary Aid to Needy Families (TANF); and/or • Child Support/Alimony • Owner Occupied Dwelling Requirement: HRP can only be used to make repairs to a dwelling that is occupied as the primary residence by the legal owner(s) of the property A life estate deed and/or an established life tenancy can qualify as being owner- occupied, but must be verified and validated by the City prior to determining eligibility -_-- --- — - -- 10 I P a g e Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F • Single-Family Dwelling Requirement: HRP can only be used to make repairs to a detached single-family house or an attached house as part of a duplex. No more than 2 attached units will constitute a single-family dwelling. • Primary Residence Requirement: The dwelling MUST be the primary residence of the applicant/owner/occupant. VII. Ineligible Applicants The following applicants are ineligible for the housing repair program: • Applicants in arrears on mortgage payments and/or are in foreclosure; • Applicants delinquent in real estate taxes without a pay-out plan in place or a deferment; • Applicants or household members who are elected officials of the City of Pearland; • Employees of the City of Pearland that have a direct or immediately indirect relationship with the City's Community Development Block Grant (CDBG) program (paid with CDBG funds, decision-making employees involved with CDBG program administration, City management, etc.); • Registered sex offenders; and • Applicants that are unable or unwilling to allow access to contractors performing necessary repairs during reasonable work hours. VIII. Ineligible Properties • Mobile, manufactured, and/or modular homes that are not permanently attached to a concrete slab foundation cannot be repaired using HRP funds. Similar homes on certain types of pier-beam structural supports may qualify on a case-by-case basis. • Upscale residences that do not have a nexus to the basic intent of the program, which is to meet the most urgent unmet needs in the community, can be denied on a case-by- case basis. Residences that are clearly representative of lavish or extravagant construction, design, and decoration, with immoderate appointments and amenities (swimming pools, saunas, tennis courts, other recreational characteristics) can be misrepresentative of the purpose of the HRP, so these are unlikely to be considered unless there is a clear connection between income limitations, occupancy, age of the structure, and damages that purport to a threat to life, health, and safety of the residents. The standard for determining this disqualification will employ a combination of construction price per square foot above median costs for the area, the addition of amenities that exceed basic occupancy characteristics of a residential property (swimming pools, saunas, tennis courts, etc.), and/or the general imbalance of an award of public assistance funding to repair an upscale residential property that a reasonable person would consider an abuse of discretion. • In addition, an application requesting assistance involving a home that has an appraised value much higher than local median home values can be denied, as higher-priced homes are generally considered to be upscale. _--- --_ — 11 I Page Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F • Excessive Footprint/Size can also be a consideration for determining a property to be ineligible. The average square footage of a Pearland single-family residential dwelling, at the time of this policy, is approximately 2,483 square feet. Residential dwellings that are substantially more than this size can be denied, depending on the number of occupants. The local per-capita square footage allocation should ideally be 856 square feet per person. Residential dwellings that offer substantially more square feet per person risk denial based on the potential for excessive footprint/size. • Properties which contain hazardous materials or conditions will not be eligible unless and/or until such materials have been removed from the property, in compliance with any applicable regulations or requirements for doing so. In fact, if an environmental quality or hazardous material risk factor exists beyond the time such materials have been removed from the property, the applicant can be denied or delayed in receiving otherwise approved HRP assistance. • Inaccessible Properties can pose a risk to City officials attempting to qualify and assess program participation, contractor ability to complete work, and/or the safety of all parties involved in the process as far as on-site work is concerned. While the program CAN assist with various issues that may have a relationship to mental and/or physical disabilities, resulting in excess personal property/belongings as an impediment to accessibility (hoarding, excessive clutter, etc.), the ability to overcome these issues can be affected by lack of available funding and/or other resources. Lack of accessibility, therefore, can result in a denial of an application, or a delay until such conditions can be remediated via other means. • Illegal activity in any Pearland residence can be cause for police involvement. Any such activity found to be taking place prior to or during any portion of the HRP process can be grounds for immediate disqualification from participating in current and future HRP eligibility, and the proper authorities will be notified. • Intentional, purposeful entry of any inaccurate, misleading, false information, or excluding .required information (income of a household member), could be grounds for disqualification AND possible legal/criminal action, depending, on the nature and scope of the situation Fraud and malfeasance will be pursued to the fullest extent of the law IX.The Process Applications are available on the City's website at www.pearlandtx.gov Residents may also contact the City's HRP Officer at (281) 652-1785 to request an application via email or postal mail. Residents may also appear at City Hall at-3519 Liberty Drive, Pearland TX 77581 and personally retrieve an application. Generally, the process involves the following steps: • Once completed, applications will be reviewed by City staff The processing of an application includes a review of the submitted documents, an initial environmental review (per 24 CFR Part 58), and an assessment of compliance with program requirements. Effective 10/1/2021 Rev'6/6/2022 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F • Upon completion of the application review, City staff may be inclined to request additional information from the applicant, particularly if there is missing information, but may proceed at their discretion in scheduling a courtesy walkthrough with the property owner to inspect for the items that may be included in the official damage assessment. • Courtesy walkthrough is a possible 15t step once an application has been initially reviewed, which provides the City with an opportunity to ensure eligible damages and residential structure/conditions make participation in the program feasible and allowable. • Following a courtesy walkthrough, the application is to be reviewed by City staff, including but not limited to• HRP Officer, the City's Grants & Special Projects Administrator, Assistant Director of Community Development, and City building (permits and inspections) officials. This review phase will result in an official approval or denial of the application, unless there is an indication that site conditions or other application information warrants the application be put "on hold " A "hold" would be warranted if there are one or more of the following issues at stake. o Conflicting information in the application that requires additional clarification or documentation, o A "site condition" that is prohibitive to moving forward as quickly as possible (inaccessibility, excess footprint, equity/amenity/luxury properties, etc.); and/or o Situations involving matters of probate, deed conveyance, life tenancies or others that may require additional validation/verification involving local courts or other taxing authorities. • Application denial is documented with a reason for the disapproval and a written correspondence to the applicant. The City is able to accept an appeal of any decision, which should be provided in writing by the applicant and submitted to the City via postal mail. Attention - HRP Officer, 3523 Liberty Drive, Pearland TX 77581 Appellants can request permission to submit an appeal via email, upon which the applicant would request City staff provide the applicant with an appropriate email address to submit the appeal. • An approved application will result in immediate verbal indication that the request for assistance has been successful, and a written correspondence will follow • An official walkthrough of the property for the purpose of conducting the final damage assessment will be scheduled with the applicant and the City's contractor, at which time the identification of eligible damages is finalized, and a scope of work is created. This activity MUST be well documented, and the following principles must be used when conducting an official damage assessment: o Electronic, digital photos of the damaged item MUST be taken and included in the damage assessment; - --- --------------------- -------- ---- - - —--- --- - 13 I P a g e Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID•IB67909D-1536-4D47-9FBD-98D226855E8F o Electronic photo files MUST be labeled by the item and location in the home, o A clear description of the item and its damage should be provided; o A recommendation for repair and/or replacement should be available in the report; and o The report MUST be shared with supervisor(s), CDBG program oversight, the contractor, AND the applicant for final approval Ultimately, the City has the final call when determining the allowable, allocable, and reasonable costs associated with a scope of work, so applicants AND the City's contractor should be made aware that some elements of the proposed scope of work may not be feasible. • Upon completion and concurrence of the scope of work, the City's contractor and HRP Officer concur on the estimated costs for eligible repairs, as well as the methodology for completing the repairs (repair vs. replacement, etc.). • Following the determination of official, final scope of work ,and cost-estimates for completing the repairs, the HRP Officer and other City staff will complete the site-specific environmental review for submission to the applicable State and federal agencies, as well as any required Tribal Government correspondences for the area. Once completed, submitted, and cleared, the City's contractor can be issued a Notice to Proceed, and can contact the applicant to schedule a start date for the associated scope of work. • The repair process should take place during normal working hours: Monday — Friday, between 7.00am and 7•00pm. However, if approved by the applicant and the City, Saturday work may be considered, as well as work beyond the 7.00pm timeframe, as it is anticipated working families may not be able to incur leave from employment to allow access/entry and monitoring of the work. o The City's contractor will serve as the general contractor, and is responsible for ALL applicable work being done at the property Depending on the complexity of the scope of work, and the estimated length of time for repairs, City staff may visit the site .once or more during the process. More and/or frequent City staff presence may be necessary if situations arise that require this to be the case. Should the agreed upon work uncover additional repairs which need to be considered, the contract will • Notify City staff; • Write up the applicable, potential changes/additions; • Secure approval from City staff to add/adjust the scope of work; and • Adjust the performance of duties accordingly, if approved Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F • During the process of repairs on site, residents must be available and on site as well, monitoring the repairs, but remaining distanced enough for the purposes of safety and consideration of the workers and members of the household • Once work is completed, the contractor and/or City staff member will inspect the property to determine all of the work has been completed to proper standards. City staff will conduct a final walkthrough with the contractor and the applicant, discuss the completed work with the homeowner to ensure satisfaction, and provide copies of any and all applicable warranties and/or warranty registrations. City staff will present two original forms of the proper close-out documents for signature, giving one to the applicant for the property owners' records. X.Application Scoring, Approval and/or Denial City staff will use a formula for scoring applications based on basic HUD eligibility principles, and other factors that assist the City in meeting HUD National Objectives (low-to-moderate income, removal of slum and blight, and urgent/unmet needs). The following scoring categories and elements will be used to determine eligibility and prioritization of local efforts to make home repairs: • Basic Eligibility Scoring o Income of the Household; o Number of Household Members; o Elderly Household Members; o Single Head of Household; o Veterans and/or Disabled Status; o Code Violations, and/or o Visible Dilapidation (slum and blight). Application scoring will also be impacted by deducting points for larger homes with high appraised values; particularly those with amenities and/or immoderate fixtures/appointments that would make the residence an upscale residence. The following table provides a general overview of the scoring rubric for determining eligibility and/or prioritization Element Condition Score 101% or more median area income(high) 1 81% - 100% median area income (moderate) 2 Income 51% -80% median area income (low) 3 31% -50% median area income (very low) 4 30% or below median area income (extremely low) 5 Number of Household Members Per Occupant 1 Elderly Household Members Per Elderly Occupant 1 Single Head of Household Per Single HH Occupant 1 Veteran Per Veteran Occupant 1 Disabled Per Disabled Occupant 1 Code Violations Score one (1) if yes, zero (0) if no 1 Visible Dilapidation Score one (1) if yes, zero (0) if no 1 Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F Deductions can and will be made in the event a restrictive condition exists with an applicant and/or its property, in a form that would contradict the purpose and/or intent of the program These include: Element Condition Deduction 15% -30% over average 1 point Total Home Square Footage 31% -49% over average 2 points 50% or more over average 3 points Swimming Pool 1 point Upscale/Immoderate Amenities Sauna 1 point Sports Court(basketball and/or tennis) 1 point 50% -69% over median average 1 point 70% -99% over median average 2 points Appraised Value 100% - 120% over median average 3 points 121% - 149% over median average 4 points 150% + over median average 5 points Xl. General Restrictions and Other Program Policies Unauthorized Activities Scope of Work Limitations. The City's contractor is not authorized or permitted to engage in any work beyond the agreed-upon scope of work for the applicant, unless those items are an extension of the existing agreed-upon scope of work and the costs are covered by some other City-sourced funding outside the federal and/or CDBG program allocation The applicant is not permitted to engage the City's contractor in completing other work. This protects the integrity of the scope of work from being usurped by "side-deals" or supplantation of applicable repair items, and would be construed as an ethical violation. Property Liens The City will place a depreciating lien on the applicant's property for the agreed-upon useful life of the repairs and materials, to be amortized over that useful lifespan. The recording of the lien will take effect immediately following the completion of the work. A typical depreciation schedule includes a term of no less than 5 years. If a property is sold, the lien will be called and must be repaid at closing If the property changes hands due to death, and the property ownership is designated to an heir or other party .that chooses to occupy the home, that owner may apply for continuing benefits for any remaining term of the lien and potentially avoid repayment. Should the heir or other inheriting party not qualify, the lien will be called and repayment of any remaining lien balance is due immediately Overall Compliance with Federal Requirements ---------- ----- -------------------------------------- 16IPage Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:IB67909D-1536-4047-9FBD-98D226855E8F The City and its contractor are bound by federal regulations in 24 CFFR 570, 2 CFR 200, and the local building code standards when using CDBG funds to repair local properties. The applicant is ALSO bound to compliance with certain federal and local regulations; specifically, Title 18 where false statements and accuracy of information entered into applications are concerned, as well as non-discrimination standards that require each program participant to refrain from ANY discriminatory, harassment, offensive conduct when interacting with City staff and/or its contractors and/or subcontractors of the prime contractor Any reports of such conduct will be investigated and could result in termination of any applicable agreements, repayment for work completed at the time, or a lien being placed on the property for unpaid completion of work subject to the conditions of the complaint. XII. Forms and Required Documents There are a number of forms and required documents, some of which are legal, that must be included in a federally-funded home repair/rehabilitation program As stated in the introduction, these forms/formats can change and be revised or updated at a moment's notice, as regulations, best management practices and other conditions change. The types of forms used in the HRP include, but are not limited to: • Application • Walkthrough and Damage Assessment Documentation • Scope of Work Documentation • Repair Agreement • Close-Out Certification • Warranties and Product Registrations • Lien Documentation Situations may arise that a customized document be created and implemented to protect the City, an applicant, the contractor and/or others involved in the program, directly or indirectly The City will not confine the program's forms or documents to any specific size, scope, or content specifications, as the most important factor will ALWAYS be to comply with applicable regulations (federal, State and/or local). XIII. Grievances and Complaints Any and all grievances and/or complaints must be submitted to the City in writing to: Joel Hardy, Grants & Special Projects Administrator— City of Pearland, at 3519 Liberty Drive, Pearland TX 77581 The application requesting assistance will require that program applicants seek initial levels of recourse for any and all concerns with the HRP Officer and/or the City's contractor first, then by contacting the Assistant Director of Community Development if no recourse is achieved, and lastly by filing an official grievance and/or complaint with the Grants & Special Projects Administrator If no successful or satisfactory outcome is achieved at these levels, the applicant may seek to address the issue(s) with the City Manager and/or the City Attorney At any rate, all of these matters must be addressed in written form or they will not be considered official grievances and/or complaints. �- -- -- _ 17IPage Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD-98D226855E8F All official grievances/complaints must be maintained on file in accordance with federal record retention requirements (2 CFR 200.334). XIV. Customer Service Basics City staff and its contractor will be held to high standards involving customer service. However, it is also .important:for applicants to respect the process and its complexities, as rules and regulations governing the program tend to result in delays and notable levels of bureaucracy City staff MUST explain these issues and challenges to each applicant, carefully and in detail, so as to avoid unrealistic, poorly managed expectations. Information exchanges should be based on accurate, up-to-date, official information, avoiding discussions with property owners that might mislead or inaccurately inform an applicant about the program. Kindness, clarity, transparency, and accountability should.guide City staff AND its contractor in delivering the program. Emails and telephone calls should be replied/responded to within 24 hours, these guidelines should be made available to each applicant, and no biases or unfair actions/decisions should be made at any time during the course of dealing with an applicant. Employees involved in the delivery of the program should consult supervisors and/or managers if/when dealing with complex situations involving an applicant, so as to ensure the best possible approach can be available when dealing with irate or unsatisfied customers. Every applicant has a right to receive the best customer service the City has to offer In cases where that becomes a challenge, employees are advised to de-escalate, retreat from the site and/or conversation if needed, and use best management practices available to restore trust and composure with the demeanor of one that has the public trust in his/her hands. XV Officiation and Adoption Per the staff assigned role for oversight and management of the City's Community Development Block Grant (CDBG) Program, the City's Grants & Special Projects Administrator has officiated the guidelines herein as containing the basic, best management practices for implementation of the City's Home Repair Program (HRP), effective on the 1st day of October, 2021, revised on the 6th day of June, 2022, and to be considered in effect until subsequent revision and date occur Joel Hardy, Grants &Special Proiects Administrator Printed Name &Title • Signatu Effective 10/1/2021 Rev 6/6/2022 DocuSign Envelope ID'1B67909D-1536-4D47-9FBD-98D226855E8F ATTACHMENT B—PRICING SCHEDULE Pricing is to be based on the potential costs per escalating and/or declining consumer pricing index for all goods,minus food and energy,non-seasonal costs. The base costs are provided as part of the onginal contract bid in FY 2019,unaffected in FY 20 and FY 21 due to the Coronavirus pandemic and no program activity,but resuming in FY 22 and now updated to the FY 23 calculation. The calculative amount of any increase or decrease in annual price,per item, is based on the static calculation made immediately prior to the adoption/execution of the Agreement(September of each year) The formula for calculating CPI impact is as follows: Current CPI(-)Prior CPI to obtain the index point change 297 178 minus 279.507= 17.671 Divided by Prior CPI 17 671/279.507 Equals 0 06322203 Result multiplied by 100 0 06322203.X 100 Equals percent change 6.322203022% Each bid item from the original procurement and contract(FY 2019)will be recalculated by the prior year cost basis for each item and the percent change,to get the new cost basis. For example FY 19 Prior FY Final FY 22 Projected FY 23 Basis 22 CPI Cost Basis CPI Cost Line Items Basis Note to Unit Prior Prior Unit Line Description Bidder UOM QTY CPI Diff Cost• _ Gutters 4" $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.18 width Metal LF 1 Based on the aforementioned example, the prior unit cost for replacing a 4"gutter per linear foot increases from$21 60 in FY 22 to $22.97 in FY 23 19 DocuSign Envelope ID•1B67909D-1536-4D47-9FBD-98D226855E8F FY 19 Final FY 22 FY 23 Cost asis Prior FY 22 CPI Cost Basis Projected CPI Basis Line Items Line Description Note to Bidder UOM QTY Unit Prior CPI Dif Prior Unit Cost 1 Base Bid 1 1.1 Access Ramp 36"Width,Metal with anti-slip surface or equal material. 2'Length EA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 1.2 Access Ramp 36'Width,Metal with anti-slip surface or equal material. 4'Length EA 1 $450.00 1.08 $ 486.00 1.0632 $ 516.72 1.3 Access Ramp 36"Width,Metal with anti-slip surface or equal material. 6'Length EA 1 5650.00 1.08 $ 702.00 1.0632 $ 746.37 1.4 Access Steps 36"Width,Metal with anti-slip surface or equal material. 20'D BA 1 $900.00 1.08 $ 972.00 1.0632 $ 1,033.43 Replace threshold at entry door way.Install ADA compliant threshold unhL Secured to subtloor.Inclusive of necessary weather-stripping to seal $150.00 1.08 5 162.00 1.0632 $ 172.24 1.5 properly below door. 4'x 1/4"H Metal EA 1 1.6 Dishwasher White/Black EA 1 $500.00 1.08 $ 540.00 1.0632 $ 574.13 1.7 Fridge/Freezer White/Black,w/o ice maker EA 1 $900.00 1.08 $ 972.00 1.0632 $ 1,033.43 1.8 Oven Range While/Black Gas EA -1 $700.00 1.08 $ 756.00 1.0632 $ 803.78 1.9 Oven Range White/Black Electric EA 1 $700.00 1.08 $ 756.00 1.0632 $ 803.78 1.10 Range Hood Over the Range - EA 1 $400.00 1.08 $ 432.00 1.0632 $ 459.30 1.11 Microwave Over the Range w/vent fan EA 1 $600.00 1.08 $ 648.00 1.0632 $ 688.95 Replace existing garbage disposal unit,including new electrical,plumbing 1.12 supply,and drain hook ups 1/3 HP EA 1 5800.00 1.08 $ 864.00 1.0632 $ 918.60 Replace existing garbage disposal unit,Including new electrical,plumbing 1.13 supply,and drain hook ups 1/2 HP EA 1 $900.00 1.08 $ 972.00 1.0632 $ 1,033.43 Replace existing garbage disposal unit,Including new electrical,plumbing 1.14 supply,end drain hook ups 3/4 HP EA 1 $950.00 1.08 $ 1,026.00 1.0632 $ 1,090.84 1.15 Door Casing Trim,white or paint to match Vinyl 2.25" LF 1 $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.16 Door Casing Trim,white or paint to match Wood 2.25' LF 1 525.00 1.08 $ 27.00 1.0632 $ 28.71 Removal of debris,whether sourced from materials/debris prohibiting 1.17 repair activities,or other coverable activity. Per Cu.Yd. CY 1 $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.18 Gutters 4"width • Metal LF 1 $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.19 Gutters 4"width Downspout EA 1 $30.00 .1.08 $ 32.40 1.0632 . $ 34.45 1.20 Gutters 4"width Vinyl LF 1 $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.21 Gutters 4"width Downspout BA • 1 $30.00 1.08 $. 32.40 1.0832 $ 34.45 1.22 Sheetrock 1/2"tape,float,texture as needed,prime,and paint to match w/removal of existing material SF 1 $5.00 1.08 $ 5.40 1.0632 $ 5.74 Installation w/o removal of existing $4.00 1.08 $ 4.32 1.0632 $ 4.59 1.23 Sheetrock 1/2"tape,float,texture as needed,prime,and paint to match material SF 1 Backer Board 1/2"fiberglass or similar mold/mildew/moisture resistant for - - - - - - - installation in wet areas.(Not inclusive of final wall covering if other than 52.00 1.08 $ 2.16 1.0632 $ 2.30 1.24 texture/paint) w/removal of existing material SF 1 Backer.Board 1/2"fiberglass or similar mold/mildew/moisture resistant for installation in wet areas.(Not inclusive of final wall covering K other than Installation w/o removal of existing $2.00 1.08 $ 2.16 1.0632 $ 2.30 1.25 texture/paint) material SF 1 1.26 Wainscot MDF(medium density fiber)product or similar w/removal of existing material SF 1 $2.00 1.08 $ 2.16 1.0632 $ 2.30 Installation w/o removal of existing $2.00 1.08 $ 2.16 1.0632 $ 2.30 1.27 Wainscot MDF(medium density fiber)product or similar material SF 1 Wood Panel 4'x 8'sheet paneling for interior walls,paint to match,seal as $3.00 1.08 $ 3.24 1.0632 $ 3.44 1.28 necessary.MDF,Hardboard,or Wood panel sheets. w/removal of existing material SF 1 Wood Panel 4'x 8'sheet paneling for interior walls,paint to match,seal as Installation w/o removal of existing $3.00 1.08 $ 3,24 1.0632 $ 3.44 1.29 necessary.MDF,Hardboard,or Wood panel sheets. material SF I 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 I $1.00 1.08 $ 1.08 1.0632 $ 1.15 Ceiling R-38 equivalent depth/product,R-30 where insulation extends over 1.31 top wall plates and 100%of ceiling area requiring Insulation Batt Fiberglass SF 1 $1.00 1.08 $ 1.08 1.0632 $ 1.15 1.32 Wall R-13 equivalent insulation factor filling cavity Batt Fiberglass SF 1 $2.00 1.08 $ 2.16 1.0632 S 2.30 1.33 Ceiling Fan 52 in. Energy Star Rated BA 1 $400,00 1.08 $ 432.00 1.0632 $ 459.30 Flush Mount Light Fixture Value Product,Energy Star if available,of like- $200.00 1.08 $ 216.00 1.0632 $ 229.65 1.34 kind EA 1 1.35 Wall Sconce Interior,Value Product,Energy Star if available,of like-kind EA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 Vent Fan Minimum 50 cfm intermittent or 20 cfm continuous exhaust - - rating,Energy Star.(not including wiring for new install Only price for $450.00 1.08 $ 486.00 1.0632 5 516.72 1.36 basic replacement) w/Light EA 1 Vent Fan Minimum 50 elm intermittent or 20 cfm continuous exhaust rating,Energy Star.(not Including wiring for new Install Only price for 8400.00 1.08 $ 432.00 1.0632 $ 459.30 1.37 basic replacement) w/o Light EA 1 1.38 Fluorescent 48"-Value Product,Energy Star if available,of Ike-kind 2 bulb fixture EA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 1.39 Fluorescent 48" Value Product,Energy Star if available,of like-kind 4 bulb fixture EA 1 $225.00 1.08 $ 243.00 , 1.0632 $ 258.36 Exterior Security Light LED Wall mount-Value Product,Energy Star K $400.00 1.08 $ 432.00 1.0632 $ 459.30 1.40 available,of like-kind EA 1 Exterior Porch Light Flush mount,Value Product,Energy Star K 5200.00 1.08 $ 216.00 1.0632 $ 229.65 1.41 available,of like-kind EA 1 .. 1.42 Outlets 15-20 amp,w/wall plate . Duplex GFCl/AFCI. EA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 1.43 Outlets 15-20 amp,w/wall plate Duplex Non-GFCl/AFCI BA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 1.44 Switches single-pole to 3-way,w/wall plate Toggle EA 1 $100.00 1.08 $ 108.00 1.0632 $ 114.83 1.45 Switches single-pole to 3-way,w/wall plate Rocker EA 1 $100.00 1.08 $ 108.00 1.0632 $ 114.83 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 1 $15.00 1.08 $ 16.20 1.0632 $ 17.22 Replace wiring from switch/outlet to nearest gang box,switch,outlet,or 1.47 service panel(including new switch or outlet) 12 gauge 20 amp 120V LF 1 $15.00 1.08 $ 16.20 1.0632 $ 17.22 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 1 $15.00 1.08 $ 16.20 1.0632 $ 17.22 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 1 $15.00 1.08 $ 16.20 1.0632 $ 17.22 1.50 Replace service panel,including proper permitting and inspections. 100 Amp Service EA 1 $2,700.00 1.08 $ . 2,916.00 1.0632 $ 3,100.29 1.51 Replace service panel,including proper permitting and inspections. 200 Amp Service EA 1 $2,700.00 1.08 $ 2,916.00 1.0632 $ 3,100.29 1.52 Replacement of existing Smoke Detector w/Carbon Monoxide alert U-Ion Battery EA 1 580.00 1.08 $ 86.40 1.0632 $ 91.86 1.53 Replacement of existing Smoke Detector w/Carbon Monoxide alert Hardwired EA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 1.54 Installation of new Smoke Detector w/Carbon Monoxide alert Li-Ion Battery EA 1 $80.00 1.08 $ 86.40 1.0632 $ 91.86 1.55 Installation of new Smoke Detector w/Carbon Monoxide alert Hardwired EA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 DocuSign Envelope ID:IB679O9D-1536-4D47-9FBD-98D226855E8F FY 19 Final FY 22 FY 23 Cost Prior FY 22 CPI Projected CPI Line Items Basis CosBasis Basis.t Line Description Note to Bidder UOM QTY Unit Prior CPI Diff Prior Unit Cost Vinyl Flooring basic;value product to match,glue down product Leveling 1.56 Compound application as necessary w/existing material removal SF 1 58.00 1.08 $ 8.64 1.0632 $ 9.19 Vinyl Flooring basic,value product to match,glue down product-Leveling 1.57 Compound application as necessary w/o existing material removal SF 1 $5.00 1.08 $ 5.40 1.0632 $ 5.74 Carpet including pad,appropriate thickness up to 1/2 Inch.Value product $15.00 1.08 $ 16.20 1.0632 $ 17.22 1.58 texture or twist type. w/existingmaterialremoval SF 1 Carpet including pad,appropriate thickness up to 1/2 inch.Value product $12.00 1.08 $ 12.96 1.0632 $ 13.78 1.59 texture or twist type. w/o existing material removal SF 1 Laminate Wood lay self leveling compound as necessary.Floating,click- lock style.Including necessary quarter-round or similar trim around proper $8.00 1.08 $ 8.64 1.0632 $ 9.19 1.60 expansion area on surround w/existing material removal SF 1 Laminate Wood lay self leveling compound as necessary.Floating,click- lock style.Including necessary quarter-round or similar trim around proper $5.00 1.08 $ 5.40 1.0632 $ 5.74 1.61 expansion area on surround_ _ w/o existing material removal SF _ 1 - Ceramic Tile lay self leveling compound as necessary.Mortar base,lay $14.00 1.08 $ 15.12 1.0632 $ 16.08 1.62 tile,equal spacing,and installation of mortar to match. w/existing material removal SF 1 Ceramic Tile lay self leveling compound as necessary.Mortar base,lay - $8.00 1.08 $ 8.64 1.0632 $ 9.19_ 1.63 tile,equal spacing,and installation of mortar to match.. w/o existing material removal SF 1 .. Replace outside condenser unit.Include connections and Freon charge. 1.64 R410A unit New energy star rated,programmable thermostat. 2.5 ton EA 1 $3,700.00 1.08 $ 3,996.00 1.0632 $ 4,248.55 Replace outside condenser unit.Include connections and Freon charge. $4,000.00 1.08 $ 4,320.00 1.0632 $ -4,593.02 1.65 R410A unit New energy star rated,programmable thermostat. 3 ton EA 1 Replace outside condenser unit.Include connections and Freon charge. 1.66 R410A unit New energy star rated,programmable thermostat. 4 ton EA 1 $5,000.00 1.08 $ 5,400.00 1.0632 $ 5,741.28 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 $2,700.00 1.08 $. 2,916.00 1.0632 $ 3,100.29 evaporator drain pan,and cleaning of back-up drain piping to exit point- 1.67 Gas 2.5 ton EA _ 1 _ 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 - $3,500.00 1.08 $ 3,780.00 1.0632 $ 4,018.90 evaporator drain pan,and cleaning of back-up drain piping to exit point- 1.68 Gas 3 ton EA 1 . 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 $4,500.00 1.08 $ 4,860.00 1.0632 $ 5,16715 evaporator drain pan,and cleaning of back-up drain piping to exit point- 1.69 Gas 4 ton EA 1 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 $2,700.00 1.08 $ 2,916.00 1.0632 $ 3,100.29 evaporator drain pan,and cleaning of back-up drain piping to exit point- 1.70 ELECTRIC 2.5 ton EA 1 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 $3,500.00 1.08 $ 3,780.00 '1.0632 $ 4,018.90 evaporator drain pan,and cleaning of back-up drain piping to exit point- 1.71 ELECTRIC 3 ton EA 1 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 $4,500.00 1.08 $ 4,860.00 1.0632 $ 5,16715 evaporator drain pan,and cleaning of back-up drain piping to exit point- 1.72 ELECTRIC 4ton EA 1 Replace thermostat,including necessary wiring,mounting,and general $400.O0 1.08 $ 432.00 1.0632 $ 459.30 1.73 setting.Digital/programmable,Energy Star where applicable. EA 1 Install a window unit NC unit,with heater.Install through wall and secure so it will not easily be removed.Inclusive of proper wiring for adequate $1,200.00 1.08 $ 1,296.00 1.0632 $ 1,377.91 1.74 power source. 5,000 btu EA 1 Install a window unit NC unit,with heater.Install through wall and secure so it will not easily be removed.Inclusive of proper wiring for adequate $1,500.00 1.08 $ 1,620.00 1.0632 $ 1,722.38 1.75 power source. 7,500 btu EA 1 Install a window unit NC unit,with heater.Install through wall and secure so it will not easily be removed.Inclusive of proper wiring for adequate $1,800.00 1.08 $ 1,944.00 1.0632 $ 2,066.86 1.76 power source. 10,000 btu EA 1 Install a window unit NC unit,with heater.Install through wall and secure so it will not easily be removed.Inclusive of proper wiring for adequate $2,200.00 1.08 $ 2,376.00 1.0632 $ 2,526.16 1.77 power source. 15,000 btu EA 1 Licensed HVAC Technician to assess whole home heating and cooling system.Includes Freon levels and leak checking,full operation of all major $400.00 1.08 $ 432.00 1.0632 $ 459.30 components,etc.Identification of necessary repairs,and full report to City 1.78 staff. EA 1 Removal of vent grills,cleaning of dust/contaminants between grill and air $25.00 1.08 $ 27.00 1.0632 $ 28.71 1.79 box. EA 1 Prep surface,texture,prime,paint to cover(not inclusive of repairs to wall $2.00 1.08 $ 2.16 1.0632 $ 2.30 1.80 or surface coverings) No removal of•existing material SF 1 Prep surface,texture,prime,paint to cover(not inclusive of repairs to wall Removal of wallpaper or other $3.00 1.08 $ 3.24 1.0632 $ 3.44 1.81 or surface coverings) material SF 1 Replace fixture.Include new supply lines for hot/cold water as applicable, Toilet Round,Standard Height, $400.00 1.08 $ 432.00 1.0632 $ 459.30 1.82 connect to supply valve(s),connect to drain(s),and seal as applicable. 1.6 gpf EA 1 Replace fodure.Include new supply fines for hot/cold water as applicable, Toilet Round,Comfort Height,1.6 $425.00 1.08 $ 459.00 1.0632 $ 488.01 1.83 connect to supply valve(s),connect to drain(s),and seal as applicable. gpf EA 1 Replace fodure.Include new supply lines for hot/cold water as applicable. Bathroom Faucet-4"center set, $150.00 1.08 $ 162.00 1.0632 $ 172.24 1.84 connect to supply valve(s),connect to drain(s),and seal as-applicable. single handle BA 1 Replace fixture.Include new supply lines for hot/cold water as applicable, Shower/Bath Faucet Single $250.00 1.08 $ 270.00 1.0632 $ 287.06 1.85 connect to supply valve(s),connect to drain(s),and seal as applicable. Handle,with shower head EA 1 Replace fodure.Include new supply lines for hot/cold water as applicable, Shower/Bath Faucet 3 Handle, $250.00 1.08 $ 270.00 1.0632 $ 287.06 1.86 connect to supply valve(s),connect to drain(s),and seal as applicable. _ with bathtub and shower faucet EA 1 . DocuSign Envelope ID:IB67909D-1536-4D47-9FBD-98D226855E8F FY 19 Final FY 22 FY 23 Cost Basis Prior FY 22 CPI Cost Basis Projected CPI Basis Line Items Line Description Note to Bidder UOM QTY Unit Prior CPI Diff Prior Unit Cost Replace fixture.Include new supply lines for hot/cold water as applicable, Kitchen Sink Faucet Only,Single $200.00 1.08 $ 216.00 1.0632 $ 229.65 1.87 connect to supply velvets),connect to drain(s),and seal as applicable. handle,non-pull out EA 1 Replace fixture.Include new supply lines for hot/cold water as applicable, Kitchen Sink Faucet Only,2 $250.00 1.08 $ 270.00 1.0632 $ 287.06 1.88 connect to supply velvets),connect to drain(s),and seal as applicable. handle,4 hole with side sprayer EA 1 Replace fixture.Include new supply lines for hot/cold water as applicable, Kitchen Sink Double basin,drop $250.00 1.08 $ 270.00 1.0632 $ 287.06 1.89 connect to supply velvets),connect to drain(s),and seal as applicable. in,with faucet and side sprayer EA 1 Replace vanity including necessary sinks and faucets,supply and drain $600.00 1.08 $ 648.00 1.0632 $ 688.95 1.90 connections,including new supply hoses. Vanity 36' single sink EA 1 . Replace vanity including necessary sinks and faucets,supply and drain $700.00 1.08 $ 756.00 1.0632 $ 803.76 1.91 connections,including new supply hoses. Vanity 42' single sink EA 1 Replace vanity including necessary sinks and faucets,supply and drain $1,100.00 1.08 $ 1,188.00 1.0632 $ -1,263.08 1.92 connections,including new supply hoses. Vanity 60' double sink EA 1 Replace vanity including necessary sinks and faucets,supply and drain • 1.93 connections,including new supply hoses. Vanity 84' double sink EA 1 $1,700.00 1.08 $ 1,836.00 1.0632 $ 1,952.04 Replace Water Heater unit include supply and outlet hoses,vent pipe per $1,100.00 1.08 $ 1,188.00 1.0632 $ 1,263.08 1.94 code,and temp/pressure valve piping to code 40 gallon Gas EA 1 Replace Water Heater unit include supply and outlet hoses,vent pipe per $1,100.00 1.08 $ 1,186.00 1.0632 $ 1,263.08 1.95 code,and temp/pressure valve piping to code 40 gallon Electric EA 1 Shower/Tub replace unit-include supply and drain connections,sealing of $2,900.00 1.08 $ 3,132.00 1.0632 $ 3,329.94 1.96 any joints as applicable,new faucet and valves as applicable. 36'x 36'x 72'shower EA 1 Shower/Tub replace unit Include supply and drain connections,sealing of $3,200.00 1.08 $ 3,456.00 1.0632 $ 3,674.42 1.97 any joints as applicable,new faucet and valves as applicable. 32'x 60'x 77"shower EA 1 Shower/Tub replace unit include supply and drain connections,sealing of $2,600.00 1.08 $ 2,808.00 1.0632 $ 2,985.47. 1.98 any joints as applicable,new faucet and valves as applicable. 60'alcove bathtub EA 1 Shower/Tub replace unit include supply and drain connections,sealing of. $2,900.00 1.08 $ 3,132.00 1.0632 $ 3,329.94 1.99 any joints as applicable,new faucet and valves as applicable. 60'walk-in bathtub EA 1 Install new hot/cold supply piping include new valves and connections $18.00 1.08 $ 19.44 1.0632 $ 20.67 1.100 1/2-3/4" Copper LF 1 Install new hot/cold supply piping include new valves and connections 1.101 1/2-314" CPVC LF 1 $10.00 1.08 $ 10.80 1.0632 $ 11.48 Install new hot/cold supply piping include new valves and connections 1.102 1/2-3/4' Galvanized steel LF 1 $20.00 1.08 $ 21.60 1.0632 $ 22.97 Repair,up-to re-pipe of existing hot/cold supply piping-include new $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.103 valves and connections.1/2-3/4" Copper LF 1 Repair,up-to re-pipe of existing hot/cold supply piping include new $10.00 1.08 $ 10.80 1.0632 $ 11.48 1.104 valves and connections.1/2-3/4' CPVC LF 1 Repair,up-to re-pipe of existing hot/cold supply piping include new $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.105 valves and connections.1/2-3/4" Galvanized Steel LF 1 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 $100.00 1.08 $ 108.00 1.0632 . $ 114.83 1.106 Code requirements Excludes flooring price as necessary to repair. tunneling LF 1 _ _ ___ 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 $150.00 1.08 $ 162.00 1.0632 $ 172.24 1.107 Code requirements-Excludes flooring price as necessary to repair. excavation and backfill LF 1 _ __ 1.108 Clog removal through clean out at individual fixture or component FA 1 $300.00 1.08 $ 324.00 1.0632 $ 344.48 Slab Foundation Pressed to refusal at standard PSI,proper permitting, 1.109 drawings,and plans.Steel shims. Exterior Pylon EA 1 $250.00 1.08 $ 270.00 1.0632 $ 287.06 Slab Foundation Pressed to refusal at standard PSI,proper permitting, 1.110 drawings,and plans.Steel shims. Interior Pylon EA 1 $350.00 1.08 $ 378.00 1.0632 $ 401.89 Pier Beam Adjustment of perimeter and interior beams and piers.Shim $150.00 1.08 $ 162.00 1.0632 $ 172.24 1.111 as appropriate.Include proper permit,drawings,and plans. Adjustment per Pier EA 1 Extension of short,or replacement of damaged rafter tails to meet $200.00 1.08 $ 216.00 1.0632 $ 229.65 1.112 windstorm requirements. BA 1 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 square $150.00 1.08 $ 162.00 1.0632 $ 172.24 ft.To include applicable new drip edge,flashing as applicable,crickets, 1.113 etc. Asphalt Shingle SF 1 __ _ _ __ ___ __ 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' $150.00 1.08 $ 162.00 1.0632 $ 172.24 area.To include'applicable new drip edge,flashing as applicable,crickets, 1.114 etc. Asphalt Shingle EA 1 _ _ 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 square $200.00 1.08 $ 216.00 1.0632 $ 229.65 ft.To include applicable new drip edge,flashing as applicable,crickets, 1.115 etc. Metal SF 1 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' $200.00 1.08 $ 216.00 1.0632 $ 229.65 area.To include applicable new drip edge,flashing as applicable,crickets, 1.116 etc. Metal EA 1 Replacement of roof remove and dispose of existing layers of shingles or roofing surface,under laying,and replace any damaged decking.Minimum $250.00 1.08 $ 270.00 1.0632 $ 287.06 15#felt under laying,lifetime 3 tab shingle.Permit and windstorm certification WPI-8.Price per square,or 105(10'area.To include 1.117 applicable new drip edge,flashing as applicable,crickets,etc. SQ 1 1.118 Replacement of roof ventilation fixture Turbine Fan EA 1 $200.00 1.08 $ . 216.00 1.0632 $ 229.65 1.119 Replacement of roof ventilation fudure Aluminum Vent Square EA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 1.120 Replacement of roof ventilation fixture Electrical BA 1 .$200.00 1.08 $. 216.00 1.0632 $ 229.65 1.121 Replacement of roof jack EA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 Siding replace,seal/weatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with $12.00 1.08 $ 12.96 1.0632 $ 13.78 1.122 weather resistant coating will produce similar quality. 4'x 8'sheet SF 1 DocuSign Envelope ID:1 B67909D-1536-4D47-9FBD=98D226855E8F FY 19 Final FY 22 Projected CPI FY 23 Cost Prior FY 22 CPI Line Items .Ws Cost Basis Basis. Line Description Note to Bidder UOM OTY Unit Prior CPI Diff Prior Unit Cost " Siding replace,seal/weatherize joints,paint to match.Hardie-Board or "' "' equivalent cement fiber board product,provided equivalent product with $10.00 1.08 $ 10.80 1.0632 $ 11.48 1.123 weather resistant coating will produce similar quality. 6.25'lap/plank board SF 1 Siding replace,seal/weatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with $10.00 1.08 $ 10.80 1.0632 $ 11.48 1.124 weather resistant coating will produce similar quality. . 12'lap/plank board SF 1 Siding replace,seal/weatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.125 weather resistant coating will produce similar quality. 1'x 4'w/gutters LF 1 Siding replace,seat/weatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.126 weather resistant coating will produce similar quality. 1'x 4'w/o gutters LF 1 Siding replace,seal/weatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.127 weather resistant coating will produce similar quality. 1"x 6"w/gutters LF 1 Siding replace,seal/weatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.128 weather resistant coating will produce similar quality. 1'x 6'w/o gutters LF 1 Siding replace,seaUweatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with $20.00 1.08 $ 21.60 1.0632 $ 22.97 1.129 weather resistant coating will produce similar quality. 1'x 8"w/gutters LF 1 Siding replace,seal/weatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with $12.00 1.08 $ 12.96 1.0632 $ 13.78 1.130 weather resistant coating will produce similar quality. 1"x 8"w/o gutters LF 1 Siding replace,seaUweatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with 512.00 1.08 $ 12.96 1.0632 $ 13.78 1.131 weather resistant coating will produce similar quality. 12"vented LF " 1 Siding replace,seal/weatherize joints,paint to match.Hardie-Board or equivalent cement fiber board product,provided equivalent product with $10.00 1.08 $ 10.80 1.0632 $ 11.48 1.132 weather resistant coating will produce similar quality. 1'x 4' LF . 1 1.133 Flashing sealed and protected against weather and/or pests or intrusion Galvanized LF 1 $10.00 1.08 $ 10.80 1.0632 $ 11.48 1.134 Flashing sealed and protected against weather and/or pests or intrusion Aluminum LF 1 510.00 1.08 $ 10.80 1.0632 $ 11.48 Exterior Grade Solid Core-Security door,including trim and hardware, 1.135 with paint to match if necessary. Metal EA 1 $800.00 1.08 $ 864.00 1.0632 $ 918.60 Exterior Grade Solid Core Security door,including trim and hardware, 1.136 with paint to match if necessary. Wood EA 1 $1,200.00 1.08 $ 1,296.00 1.0632 $ 1,377.91 1.137 French Doors Vinyl/Fiberglass 60'x80' EA 1 $1,200.00 1.08 $ 1,296.00 1.0632 $ 1,377.91 1.138 French Doors Vinyl/Fiberglass 72"x 80' EA 1 $1,400.00 1.08 $ 1,512.00 1.0632 $ 1,607.56 1.139 Interior Door 'Pre-Hung Hollow Core Composite 24'W EA 1 $400.00 1.08 $ 432.00 1.0632 $ 459.30 1.140 Interior Door Pre-Hung 'Hollow Core Composite 30'W EA 1 $400.00 1.08 $ 432.00 1.0632 ' $ 459.30 1.141 Interior Door Pre-Hung Hollow Core Composite 36'W EA 1 $400.00 1.08 $ 432.00 1.0632 $ 459.30 Remove and install cabinet Unfinished oak or similar.Secure to wall. 1.142 Paint or stain to match.Value product. 12"W EA 1 $200.00 1.08 $ 216.00 1.0632 $ 229.65 Remove and install cabinet Unfinished oak or similar.Secure to wall. 1.143 Paint or stain to match.Value product. 24'W EA 1 $250.00 1.08 $ 270.00 1.0632 $ 287.0E Remove and install cabinet Unfinished oak or similar.Secure to wall. 1.144 Paint or stain to match.Value product. 30'W EA 1 $300.00 1.08 $ 324.00 1.0632 $ 344.48 Remove and Install cabinet Unfinished oak or similar.Secure to wall. 1.145 Paint or stain to match.Value product. 36'W EA 1 $375.00 1.08 $ 405.00 1.0632 $ 430.60 Remove existing countertop material,Install,level,seal,and secure new $40.00 1.08 $ 43.20 1.0632 $ 45.93 1.146 countertop.Value product appropriate for area of installation Laminate SF 1 Remove existing countertop material,Install,level,seal,and secure new $40.OD 1.08 $ 43.20 1.0632 $ 45.93 1.147 countertop.Value product appropriate for area of installation Solid Surface SF 1 Windstorm windows rated if applicable,double-hung,double pane.Value 1.148 product of vinyl or equivalent Vinyl 4o5e EA 1 $1,100.00 1.08 $ 1,168.00 1.0632 $ 1,263.08 Windstorm windows rated if applicable,double-hung,double pane.Value 1.149 product of vinyl or equivalent Vinyl 4o6o EA 1 $1,500.00 1.08 $ 1,620.00 1.0632 $ 1,722.38 Windstorm windows rated if applicable,double-hung,double pane.Value 1.150 product of vinyl or equivalent Vinyl 36"x 24' EA 1 $700.00 1.08 $ 756.00 1.0632 $ 803.78 Total $93,906.00 $ 101,418.48 $ 107,828.13 DocuSign Envelope ID•IB67909D-1536-4D47-9FBD-98D226855E8F 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 2. Commercial General Personal Injury-$1,000,000 per City to be listed as additional (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) Products/Completed $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 3. 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