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R2020-226 2020-10-26RESOLUTION NO. R2020-226 A Resolution of The City Council of the City of Pearland, Texas, renewing a bid associated with the Community Development Block Grant Program (B-18-MC-48-0400), for Single Family Owner -Occupied Home, minor repairs and rehabilitation that benefit low -moderate income Pearland residents, to Circle Friends Construction, in the estimated amount of $185,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids were previously obtained for Community Development Block Grant, Single Family Owner -Occupied Home minor repairs and rehabilitation. Section 2. That a bid is hereby renewed with. Circle Friends Construction, in the amount of $185,000.00. Section 3. That the City Manager or his designee is hereby authorized to execute a contract with Circle Friends Construction for Single Family Owner -Occupied Home minor repairs and rehabilitation. PASSED, APPROVED and ADOPTED this the 26th day of Oct ber&D., 2020. OAN, ' RMC, CMC CI SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR IC• PRICING •OMPARISON WORKSHE Bid #061.9-41. -Si+nfp om,i+lwner-Occupied Housing Repair Services Line Item UOM QTY Circle Friends All Things Commercial, Construction Services LLC. Description Best and Final Offer (BAFO) Extended Unit ` Extended LOCATION: PLANTATION CT Install Flooring - Vinyl Wood Plank SF 100 $ 8.00 $ 800.00 $ 7.50 $ 750.00 Replace Toilet EA 1 $ 400.00 $ 400.00 $ 486.00 $ 486.00 Replace Toilet EA 1 $ 400.00 $ 400.00 $ 486.00 $ 486.00 Replace Vanity - 84" double sink EA 1 $ 1,800.00 $ 1,800.00 $ 2,600.00 $ 2,600.00 Replace Vanity - 60" single sink EA 1 $ 1,200.00 $ 1,200.00 $ 2,039.00 $ 2,039.00 Replace Ceiling Fan - 52" EA 1 $ 200.00 $ 200.00 $ 324.00 $ 324.00 Replace Fluorescent Light - 48" two bulb EA 1 $ 225.00 $ 225.00 $ 170.00 $ 170.00 Replace Door Threshold EA 1 $ 150.00 $ 150.00 $ 288.00 $ 288.00 Replace Exterior Security Light EA 1 $ 400.00 $ 400.00 $ 181.00 $ 181.00 Replace Fluorescent Light - 48" two bulb EA 2 $ 200.00 $ 400.00 $ 170.50 $ 341.00 Repair Water Heater Vent Stack EA 1 $ 200.00 $ 200.00 WN;OOIBII111 N@ an Replace Wood Panel Siding SF 40 $ 4.00 $ 160.00 $ 10.75 $ 430.00 Replace Soffit/Fascia Boards - 1x6 w/ gutters LF 8 $ 15.00 $ 120.00 $ 19.00 $ 152.00 Replace Exterior Door -Wooden Door EA 1 $ 1,200.00 $ 1,200.00 $ 684.00 $ 684.00 Replace Exterior Door - Metal EA 1 $. 800.00 $ 800.00 $ 734.00 $ 734.00 Replace Window - 70" x 70" Replace security light - Single bulb EA LOCATION: 1 $ 1,100.00 BENTLEY $ 1,100.00 DR $ 400.00 ao0 BID Ni DOD $ 181.00 $ 181.00 EA 1 $ 400.00 Replace security light - Single bulb EA 1 $ 400.00 $ 400.00 •$ 181.00 $ 181.00 Replace Wood Panel Siding SF 240 $ 4.00 $ 960.00 $ 10.75 $ 2,580.00 Replace 1x4 Wood Trim Boards - Exterior LF 75 $ 15.00 $ 1,125.00 $ 7.00 $ 525.00 Replace Fascia Boards - 1" x 6" w/ gutters LF 50 $ 15.00 $ 750.00 $ 19.00 $ 950.00 Repair Flashing - at Chimney LF 20 $ 10.00 $ 200.00 $ 8.85 -$ 177.00 Replace Fluorescent Light - 48" two bulb EA 1 $ 225.00 $ 225.00 $ 170.50 $ 170.50 LOCATION: NORMA LN Drywall Repair - 1/2" w/ existing material SF 160 $ 5.00 $ 800.00 $ 7.50 $ 1,200.00 Replace Fluorescent Light - 48" two bulb EA 1 $ 225.00 $ 225.00 $ 149.50 $ 149.50 Drywall Repair - 1/2" w/ existing material SF 60 $ 5.00 $ 300.00 $ 7.50 $ 450.00 Replace Exterior Door - Metal EA 1 $ 800.00 $ 800.00 $ 734.00 $ 734.00 LOCATION: PEACH CT Replace Sliding Door - 72" x 80" EA 1 $ 1,400.00 $ 1,400.00 $ 1,975.00 $ 1,975.00 Drywall Repair - 1/2" w/o existing material SF 1200 $ 4.00 $ 4,800.00 $ 7.00 $ 8,400.00 Replace Vanity - 60" single sink EA 1 $ 1,200.00 $ 1,200.00 $ 2,039.00 $ 2,039.00 Replace Fascia Boards - 1" x 6" w/o gutters LF 150 $ 15.00 $ 2,250.00 $ 8.00 $ 1,200.00 Replace Eave Strips - 1" x 2" LF 150 $ 10.00 $ 1,500.00 $ 7.00 $ 1,050.00 Exhibit A Description UOM QTY Best and Final Offer (BAFO) Extended Unit Extended Replace Soffit Board - 12" Vented LF 10 $ 15.00 $ 150.00 $ 12.00 $ 120.00 Install Flooring - Vinyl Wood Plank SF 1100 $ 8.00 $ 8,800.00 $ 7.50 $ 8,250.00 Wiring Repair - Re -wire switch LF 20 $ 15.00 $ 300.00 $ 15.00 $ 300.00 LOCATION: SLEEPY HOLLOW DR Install Walk-in Shower Kit - 36" x36" Acrylic EA 1 $ 2,900.00 $ 2,900.00 $ 1,200.00 $ 1,200.00 Install Toilet EA 1 $ 400.00 $ 400.00 $ 486.00 $ 486.00 Install Door Casing Trim and Hardware LF 30 $ 8.00 $ 240.00 $ 7.00 $ 210.00 Replace Fascia Boards - 1" x 8" w/o gutters LF 175 $ 15.00 $ 2,625.00 $ 7.00 $ 1,225.00 Replace Fascia Boards - 1" x 6" w/o gutters LF 175 $ 15.00 $ 2,625.00 $ 8.00 $ 1,400.00 Replace Eave Strips - 1" x 2" LF 350 $ 10.00 $ 3,500.00 $ 7.00. $ 2,450.00 Replace Gutters - 4" Metal, 5 downspouts LF 150 $ 20.00 $ 3,000.00 $ 6.00 $ 900.00 Replace Siding - 4' x 8' sheet SF 300 $ 15.00 $ 4,500.00 $ 10.75 $ 3,225.00 Repair Flashing - at 2 Chimneys LF 40 $ 10.00 $ 400.00 $ 8.85 $ 354.00 Replace Light Fixture - Canister EA 1 $ 200.00 $ 200.00 $ 85.00 $ 85.00 Install Vent/Light Combo EA 1 $ 450.00 $ 450.00 $ 157.50 $ 157.50 Re -Wire Switch - Rewire switch LF 20 $ 15.00 $ 300.00 $ 15.00 $ 300.00 Replace Wall Mount Lights - Exterior EA 2 $ 200.00 $ 400.00 $ 120.00 $ 240.00 Debris Removal - Existing Construction *Note ,Sample of Iline}iterns pulled ✓+�„ bidp ici ig :��Thrngs} Construction Wulf CU. YD. from submitted repetitive 15 co ": repairs $ 25.00 ��pleted projects=for - r. a 'no bid' through' $ 375.00 $ 58, 205.00 $ 85.00 � A't £'"S � items, xsome yin the-fut"u"re $ 1,275.00 $ 53, 999.50 �1': �' cornpari`son on se�v`eral the program of sufb'm�itted �t of�whrch could be more common,, Bid # 0619-41 Circle Friends All Things Commercial, LLC Line vDescription Note to Bidder UOM Unit vExtended Unit • Extended 1 Base Bid $93,906.00''$93,906.00 $119 570.45 $119,570.45 1.1 Access Ramp 36" Width, Metal with anti -slip surface or equal material. 2' Length EA $200.00 $541.00 1.2 Access Ramp 36" Width, Metal with anti -slip surface or equal material. 4' Length EA $450.00 $852.00 1.3 Access Ramp 36" Width, Metal with anti -slip surface or equal material. 6' Length EA $650.00 $954.00 1.4 Access Steps 36" Width, Metal with anti -slip surface or equal material. 20" D EA $900.00 $501.00 1.5 Replace threshold at entry door way. Install ADA compliant threshold unit. Secured to subfloor. Inclusive of necessary weather-stripping to seal properly below door. 4" x 1/4"H Metal EA $150.00 $288.00 1.6 Dishwasher White/Black EA $500.00 ' $980.00 1.7 Fridge/Freezer White/Black, w/o ice maker EA $900.00 . $1,200.00 1.8 Oven Range White/Black Gas EA $700.00 ' , . $1,400.00 1.9 Oven Range White/Black Electric EA $700.00 . ...... . ..... $910.00 1.10 Range Hood Over the Range EA $400.00 $307.00 1.11 Microwave Over the Range w/ vent fan EA $600.00 ; $595.00 _ 1.12 Replace existing garbage disposal unit, including new electrical, plumbing supply, and drain hook ups 1/3 HP EA $800.00 , $420.00 1.13 Replace existing garbage disposal unit, including new electrical, plumbing supply, and drain hook ups 1/2 HP EA $900.00 $515.00 1.14 Replace existing garbage disposal unit, including new electrical, plumbing supply, and drain hook ups 3/4 HP EA $950.00 $860.00 1.15 Door Casing Trim, white or paint to match Vinyl - 2.25" LF $20.00 $7.00 1.16 Door Casing Trim, white or paint to match Wood - 2.25" LF $25.00 $6.50 1.17 Removal of debris, whether sourced from materials/debris prohibiting repair activities, or other coverable activity. . Per Cu.Yd. CY $20.00 • . _ $85.00 1.18 Gutters 4" width Metal LF $20.00 ', _ , $11.00 1.19 Gutters 4" width Downspout EA $30.00 . , $110.00 1.20 Gutters 4" width Vinyl LF $20.00 $6.00 1.21 Gutters 4" width Downspout EA $30.00 _..__ $60.00 ... __ 1.22 Sheetrock 1/2" tape, float, texture as needed, prime, and paint to match w/ removal of existing material SF $5.00 ; ': $7.50 1.23 Sheetrock 1/2" tape, float, texture as needed, prime, and paint to match Installation w/o removal of existing material SF $4.00 ; $7.00 1.24 installation in wet areas. (Not inclusive of final wall covering if other than texture/paint) w/ removal of existing material SF $2.00 $14.00 1.25 installation in wet areas. (Not inclusive of final wall covering if other than texture/paint) Installation w/o removal of existing material SF $2.00 . , $7.00 1.26 Wainscot MDF(medium density fiber) product or similar w/ removal of existing material SF $2.00 $7.50 Circle Friends All Things Commercial, LLC I -II IG IIGI Line I IJ Description - Note to Bidder -- '_.. """•' UOM Unit --- Extended Unit Extended 1.27 Wainscot MDF(medium density fiber) product or similar Installation w/o removal of existing material SF $2.00 $6.50 ' .. 1.28 Wood Panel 4' x 8' sheet paneling for interior walls, paint to match, seal as necessary. MDF, Hardboard, or Wood panelsheets. w/ removal of existing material SF $3.00 $7.80 1.29 Wood Panel 4' x 8' sheet paneling for interior walls, paint to match, seal as necessary. MDF, Hardboard, or Wood panel sheets. Installation w/o removal of existing material SF $3.00 $6.80 1.30 Ceiling R-38 equivalent depth/product, R-30 where insulation extends over top wall plates and 100% of ceiling area requiring insulation Blown -In Fiberglass SF $1.00 , $2.25 - 1.31 Ceiling R-38 equivalent depth/product, R-30 where insulation extends over top wall plates and 100% of ceiling area requiring insulation Batt Fiberglass SF $1.00 $1.75 1.32 Wall R-13 equivalent insulation factor filling cavity Batt Fiberglass SF $2.00 $1.75 1.33 Ceiling Fan - 52 in. - Energy Star Rated EA $400.00 $324.00 1.34 Flush Mount Light Fixture - Value Product, Energy Star if available, of like- EA $200.00 ,, $85.00 1.35 Wall Sconce - Interior, Value Product, Energy Star if available, of like -kind EA $200.00 ' $95.00 1.36 rating, Energy Star. (not including wiring for new install - Only price for basicreplacement) w/ Light EA $450.00 ; $157.50 1.37 rating, Energy Star. (not including wiring for new install - Only price for basic replacement) w/o Light EA $400.00 $115.00 1.38 Fluorescent - 48" - Value Product, Energy Star if available, of like -kind 2 bulb fixture EA $200.00 $149.50 1.39 Fluorescent - 48" - Value Product, Energy Star if available, of like -kind 4 bulb fixture EA $225.00 $170.50 1.40 Exterior Security Light - LED - Wall mount -Value Product, Energy Star if available, of like -kind EA $400.00 : $181.00 r 1.41 Exterior Porch Light - Flush mount, Value Product, Energy Star if available, EA $200.00 $120.00 1.42 Outlets 15-20 amp, w/ wall plate Duplex - GFCl/AFCI EA $200.00 $90.00 1.43 Outlets 15-20 amp, w/ wall plate Duplex - Non-GFCl/AFCI EA $200.00 $80.00 1.44 Switches single -pole to 3-way, w/ wall plate Toggle EA $100.00 $45.00 1.45 Switches single -pole to 3-way, w/ wall plate Rocker EA $100.00 $48.00 1.46 Replace wiring from switch/outlet to nearest gang box, switch, outlet, or service panel (including new switch or outlet) 14 gauge -15 amp - 120V LF $15.00 . $12.00 . 1.47 Replace wiring from switch/outlet to nearest gang box, switch, outlet, or service panel (including new switch or outlet) 12 gauge - 20 amp - 120V LF $15.00 $13.00 1.48 Replace wiring from switch/outlet to nearest gang box, switch, outlet, or service panel (including new switch or outlet) 10 gauge - 30 amp - 120V LF $15.00 $13.50 1.49 Replace wiring from switch/outlet to nearest gang box, switch, outlet, or service panel (including new switch or outlet) 10 gauge - 30 amp - 240v LF $15.00 ; $14.00 1.50 Replace service panel, including proper permitting and inspections. 100 Amp Service EA $2,700.00 : .: $2,500.00 1.51 Replace service panel, including proper permitting and inspections. 200 Amp Service EA $2,700.00 ; $3,500.00 1.52 Replacement of existing Smoke Detector w/ Carbon Monoxide alert Li -Ion Battery EA $80.00 $115.00'' 1.53 Replacement of existing Smoke Detector w/ Carbon Monoxide alert Hardwired EA $200.00 Circle Friends Line Items All Things Commercial, Line 1.54 Description Note to Bidder UOM Unit Extended Unit Extended Installation of new Smoke Detector w/ Carbon Monoxide alert Li -Ion Battery EA $80.00 : ; ' " $190.00 1.55 Installation of new Smoke Detector w/ Carbon Monoxide alert Hardwired EA $200.00 " $200.00 1.56 Vinyl Flooring basic, value product to match, glue down product - Leveling Compound application as necessary P Pp w/ existing material removal SF $8.00 ', $13.00 1.57 Vinyl Flooring basic, value product to match, glue down product - Leveling Compound application as necessary w o exis ing ma eria removal SF $5.00 $7.50 1.58 Carpet including pad, appropriate thickness up to 1/2 inch. Value product - texture or twist type. w/ existing material removal SF $15.00 $8.00 1.59 Carpet including pad, appropriate thickness up to 1/2 inch. Value product - texture or twist type. w/o existing material removal SF $12.00 $5.60 1.60 Laminate Wood lay self leveling compound as necessary. Floating, click- lock style. Including necessary quarter -round or similar trim around proper expansion area on surround w/ existing material removal SF $8.00 $14.00:; 1.61 Laminate Wood lay self leveling compound as necessary. Floating, click - lock style. Including necessary quarter -round or similar trim around proper expansion area on surround w/o existing material removal SF $5.00 , . $9.15 1.62 Ceramic Tile lay self leveling compound as necessary. Mortar base, lay tile, equal spacing, and installation of mortar to match.. w/ existing material removal SF $14.00 $23.00 1.63 Ceramic Tile lay self leveling compound as necessary. Mortar base, lay tile, equal spacing, and installation of mortar to match. w o exis ing materia removal SF $8.00 $16.00 i 1.64 Replace outside condenser unit. Include connections and Freon charge. R410A unit New energy star rated, programmable thermostat. 2.5 ton EA $3,700.00 . $5,100.00 1.65 Replace outside condenser unit. Include connections and Freon charge. R410A unit New energy star rated, programmable thermostat. 3 ton EA $4,000.00 $6,900.00 1.66 Replace outside condenser unit. Include connections and Freon charge. R410A unit New energy star rated, programmable thermostat. 4 ton EA $5,000.00 $8,400.00 1.67 connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- Gas 2.5 ton EA $2,700.00 $5,900.00 -- 1.68 connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- Gas 3 ton EA $3,500.00 ' $7,700.00 1.69 connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- Gas 4 ton EA $4,500.00 $9,100.00 :: Circle Friends All Thinqs Commercial, it n Line Description Note to Bidder UOM Unit Extended Unit Extended 1.70 connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- ELECTRIC 2.5 ton EA $2,700.00 $5,500.00 - 1.71 connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- ELECTRIC 3 ton EA $3,500.00 $7,300.00 ' 1.72 connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- ELECTRIC 4 ton EA $4,500.00 : $8,700.00 1.73 Replace thermostat, including necessary wiring, mounting, and general setting. Digital/programmable, Energy Star where applicable. EA $400.00 0 ; : $257.00 1.74 so it will not easily be removed. Inclusive of proper wiring for adequate power source. 5,000 btu EA $1,200.00 ; $595.00 1.75 so it will not easily be removed. Inclusive of proper wiring for adequate power source. 7,500 btu EA $1,500.00 $685.00 1.76 so it will not easily be removed. Inclusive of proper wiring for adequate power source. 10,000 btu EA $1,800.00 ; $745.00 1.77 so it will not easily be removed. Inclusive of proper wiring for adequate power source. 15,000 btu EA $2,200.00 $895.00 1.78 Licensed HVAC Technician to assess whole home heating and cooling system. Includes Freon levels and leak checking, full operation of all major components, etc. Identification of necessary repairs, and full report to City EA $400.00 ; $375.00 1.79 box. EA $25.00 ! • $249.00 1.80 Prep surface, texture, prime, paint to cover (not inclusive of repairs to wall or surface coverings) No removal of existing material SF $2.00 0 $8.00• . 1.81 Prep surface, texture, prime, paint to cover (not inclusive of repairs to wall or surface coverings) Removal of wallpaper or other material SF $3.00 $10.50 1.82 Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and seal as applicable. Toilet - Round, Standard Height, 1.6 gpf EA $400.00 ; . $486.00 1.83 Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and seal as applicable. Toilet - Round, Comfort Height, 1.6 gpf EA $425.00 $521.00 1.84 Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and seal as applicable. Bathroom Faucet - 4" center set, single handle EA $150.00 $195.00 1.85 Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and seal as applicable. Shower/Bath Faucet - Single Handle, with shower head EA $250.00 • $496.00 Circle Friends Line Items All Things Commercial, Line Description Note to Bidder My UOM Unit v Extended " Unit Extended 1.86 Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply vaive(s), connect to drain(s), and seal as applicable. Shower/Bath Faucet - 3 Handle, with bathtub and shower faucet EA $250.00 : $476.00 1.87 Replace fixture. Include.new supply lines for hot/cold water as applicable, connect to supply vaive(s), connect to drain(s), and seal as applicable. Kitchen Sink - Faucet Only, Single handle, non -pull out EA $200.00 $226.00 1.88 Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply vaive(s), connect to drain(s), and seal as applicable. Kitchen Sink - Faucet Only, 2 handle, 4 hole with side sprayer EA $250.00 $264.00 1.89 Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply vaive(s), connect to drain(s), and seal as applicable. Kitchen Sink - Double basin, drop in, with faucet and side sprayer EA $250.00 $558.00 1.90 . Replace vanity including necessary sinks and faucets, supply and drain connections, including new supply hoses. Vanity - 36" - single sink EA $600.00 $1,173.00 1.91 Replace vanity including necessary sinks and faucets, supplyand drain connections, including new supply hoses. Vanity - 42" - single sink . EA $700.00 $1,252.00 1.92 Replace vanity including necessary sinks and faucets, supply and drain connections, including new supply hoses. Vanity - 60" - double sink EA $1,100.00 $2,039.00 1.93 Replace vanity including necessary sinks and faucets, supply and drain connections, including new supply hoses. Vanity - 84" - double sink EA $1,700.00 $2,600.00 1.94 Replace Water Heater unit - include supply and outlet hoses, vent pipe per code, and temp/pressure valve piping to code 40 gallon - Gas EA $1,100.00 , _: $1,200.00 1.95 Replace Water Heater unit - include supply and outlet hoses, vent pipe per code, and temp/pressure valve piping to code 40 gallon - Electric EA $1,100.00 $1,400.00 1.96 Shower/Tub replace unit - include supply and drain connections, sealing of any joints as applicable, new faucet and valves as applicable. 36" x 36" x 72" shower EA $2,900.00 $1,200.00 ,. 1.97 Shower/Tub replace unit - include supply and drain connections, sealing of any joints as applicable, new faucet and valves as applicable. 32" x 60" x 77" shower EA $3,200.00 $1,400.00 1.98 Shower/Tub replace unit - include supply and drain connections, sealing of any joints as applicable, new faucet and valves as applicable. 60" alcove bathtub EA $2,600.00 $1,600.00 1.99 Shower/Tub replace unit - include supply and drain connections, sealing of any joints as applicable, new faucet and valves as applicable. 60" walk-in bathtub EA $2,900.00 - $7,000.00 ' 1.100 3/4" Copper LF $18.00 $55.00 1.101 3/4" CPVC LF $10.00 $45.50 1.102 3/4" Galvanized Steel LF $20.00 $49.00 1.103 Repair, up -to re -pipe of existing hot/cold supply piping - include new valves and connections. 1/2-3/4" Copper LF $20.00 $55 00 1.104 Repair, up -to re -pipe of existing hot/cold supply piping - include new valves and connections. 1/2-3/4" CPVC . LF $10.00 $45.00 " .. Circle Friends All Things Commercial, Line Description Note to Bidder UOM Unit Extended Unit Extended 1.105 Repair, up -to re -pipe of existing hot/cold supply piping - include new valves and connections. 1/2-3/4" Galvanized Steel LF $20,00 ;- ;. ' $49,00 1.106 Septic Line repair - Up to 4" PVC, ABS, or similar existing material - Updated to PVC or equivalent per International Plumbing and Building Code requirements - Excludes flooring price as necessary to repair. Inside Home through floor or tunneling LF $100,00 1.107 Septic Line repair - Up to 4" PVC, ABS, or similar existing material - Updated to PVC or equivalent per International Plumbing and Building Code requirements - Excludes flooring price as necessary to repair. Outside Home to include excavation and backfill LF $150.00 !; .. , 1.108 Clog removal through clean out at individual fixture or component EA $300.00 - . $205.00 1.109 Slab Foundation - Pressed to refusal at standard PSI, proper permitting, drawings, and plans. Steel shims. Exterior Pylon EA $250.00 — - 1.110 Slab Foundation - Pressed to refusal at standard PSI, proper permitting, drawings, and plans. Steel shims. Interior Pylon EA $350.00 f _ _ 1.111 Pier Beam - Adjustment of perimeter and interior beams and piers. Shim as appropriate. Include proper permit, drawings, and plans. Adjustment per Pier EA $150.00 1.112 Extension of short, or replacement of damaged rafter tails to meet windstorm requirements. EA $200,00 ., 1.1.13 under laying and decking, lay minimum 15# felt paper, and lay new lifetime shingle. Permit and windstorm inspection as necessary. Price per square ft. To include applicable new drip edge, flashing as applicable, crickets, etc. Asphalt Shingle SF $150.00 1.114 under laying and decking, lay minimum 15# felt paper, and lay new lifetime shingle. Permit and windstorm inspection as necessary. Price per 10'x10' area. To include applicable new drip edge, flashing as applicable, crickets, etc. Asphalt Shingle EA $150.00 1.115 under laying and decking, lay minimum 15# felt paper, and lay new lifetime shingle. Permit and windstorm inspection as necessary. Price per square ft. To include applicable new drip edge, flashing as applicable, crickets, etc. Metal SF $200.00 ; _ --- 1.116 under laying and decking, lay minimum 15# felt paper, and lay new lifetime shingle. Permit and windstorm inspection as necessary. Price per 10'x10' area. To include applicable new drip edge, flashing as applicable, crickets, etc. Metal EA $200.00 1.117 Replacement of roof - remove and dispose of existing layers of shingles or roofing surface, under laying, and replace any damaged decking. Minimum 15# felt under laying, lifetime 3 tab shingle. Permit and windstorm certification WPI-8. Price per square, or 10'x10' area. To include applicable new drip edge, flashing as applicable, crickets, etc. SQ $250.00 , 1.118 Replacement of roof ventilation fixture Turbine Fan EA $200.00 1.119 Replacement of roof ventilation fixture Aluminum Vent Square EA $200,00 1.120 Replacement of roof ventilation fixture - Electrical EA $200.00 Line Items Circle Friends All Things Commercial, Line Description Note to Bidder UOM Unit Extended Unit — Extended 1.121 Replacement of roof jack EA $200.00 , 1.122 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 4' x 8' sheet SF $12.00 ": $10.75 - 1.123 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 6.25" lap/plank board SF $10.00 :. $13.00 1.124 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 12" lap/plank board SF $10.00 $11.00 1.125 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 1" x 4" w/ gutters LF $20.00 _ $18.00 - 1.126 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 1" x 4" w/o gutters LF $20.00 $7.00 " 1.127 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 1" x 6" w/ gutters LF $20.00 - $19.00 1.128 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board' product, provided equivalent product with weather resistant coating will produce similar quality. 1" x 6" w/o gutters LF $20.00 $8.00, 1.129 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 1" x 8" w/ gutters LF $20.00 $18.00 1.130 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 1" x 8" w/o gutters LF $12.00 $7.00 ' ... 1 • 1.131 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 12" vented LF $12.00 $12.00 - • ' 1.132 Siding replace, seal/weatherize joints, paint to match: Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 1" x 4" LF $10.00 $7.00 °' 1.133 Flashing - sealed and protected against weather and/or pests or intrusion Galvanized LF $10.00 $6.25 .; 1.134 Flashing - sealed and protected against weather and/or pests or intrusion Aluminum LF $10.00 $8.85 1.135 Exterior Grade - Solid Core - Security door, including trim and hardware, with paint to match if necessary. Metal EA $800.00 $734 00 'T.. 1.136 Exterior Grade - Solid Core - Security door, including trim and hardware, with paint to match if necessary. Wood EA $1,200.00 $684.00 1.137 French Doors - Vinyl/Fiberglass 60" x 80" EA $1,200.00 X Circle Friends Line Items All Things Commercial, Line Description Note to Bidder UOM Unit v Extended . �� Unit Extended 1.138 French Doors - Vinyl/Fiberglass 72" x 80" EA 1.139 Interior Door - Pre -Hung - Hollow Core Composite 24" W EA $400.00 , .. $389.00 1.140 Interior Door - Pre -Hung - Hollow Core Composite 30" W •EA $400.00 ' $445.00 1.141 Interior Door - Pre -Hung - Hollow Core Composite 36"•W EA $400.00 ; $470.00 1.142 Remove and install cabinet - Unfinished oak or similar. Secure to wall. Paint or stain to match. Value product. 12"W EA 1.143 Remove and install cabinet - Unfinished oak or similar. Secure to wall. Paint or stain to match. Value product. 24" W EA $250.00 $195.00 1.144 Remove and install cabinet - Unfinished oak or similar. Secure to wall. • Paint or stain to match. Value product. • 30" W EA _ 1.145 Remove and install cabinet - Unfinished oak or similar. Secure to wall. Paint or stain to match. Value product. 36" W EA $375.00 $222.00 1.146 Remove existing countertop material, Install, level, seal, and secure new countertop. Value product - appropriate for area of installation Laminate SF $40.00 $38.00 :. 1.147 Remove existing countertop material, Install, level, seal, and secure new countertop. Value product - appropriate for area of installation Solid Surface SF $40.00 ". _ $59.00 + . 1.148 Windstorm windows rated if applicable, double -hung, double pane. Value product of vinyl or equivalent Vinyl - 405o EA $1,100.00 . 1.149 Windstorm windows rated if applicable, double -hung, double pane. Value product of vinyl or equivalent Vinyl - 406o EA $1,500.00 1.150 Windstorm windows rated it applicable, double -hung, double pane. Value product of vinyl or equivalent Vinyl - 36" x 24" - EA $700.00 _ - r$93,9060,0. $:11:9,570.45 Attachment A RESOLUTION NO. R2019-181 A Resolution of The City Council of the City of Pearland, Texas, awarding a bid associated with the Community Development Block Grant Program (B- 18-MC-48-0400), for Single Family Owner -Occupied Home, minor repairs and rehabilitation that benefit low -moderate income Pearland residents, to Circle Friends Construction, in the estimated amount of $185,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids were obtained for Community Development Block Grant, Single Family Owner -Occupied Home minor repairs and rehabilitation. Section 2. That a bid is hereby awarded to Circle Friends Construction, in the amount of $185,000.00. Section 3. That the City Manager or his designee is hereby authorized to execute a contract with Circle Friends Construction for Single Family Owner -Occupied Home minor repairs and rehabilitation. PASSED, APPROVED and ADOPTED this the 14th day of October, A.D., 2019. MAYOR ri ATTEST: MARIA RODRIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM; DARR1N M. COKER CITY ATTORNEY CONTRACT — AGREEMENT FOR HUD -- FUNDED SMALL CONSTRUCTION PROJECTS between THE CITY OF PEARLAND, TEXAS and CIRCLE FRIENDS CONSTRUCTION, LLC. PREAMBLE AND RECITALS THIS AGREEMENT, entered to be made effective on the Isr day of October, 2019, by and between the City of Pearland (herein called the "Grantee" and/or "City") and Circle Friends Construction, LLC (herein called the "Contractor"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title 1 of the Housing and Community Development Act of 1974, Public Law 97-383 Unit of Government Code number 484080, application number B-18-MC-48-0400; WHEREAS, the primary purpose of the Community Development Block Grant (CDBG) Program, pursuant Title 1 of the Housing and Community Development Act of 1974, is to benefit low- to moderate income individuals. and families; WHEREAS, the Contractor has submitted a successful bid to the Grantee for CDBG funds to provide the above program, that has subsequently endured successful review and approval by U.S. Department of Housing and Urban Development, and will perform the services in a manner satisfactory to the Grantee and the Grantor; WHEREAS, the Contractor has stated its intention to ensure the completion and compliance with federal, State and local requirements, to document compliance with service area and low- and moderate -income persons -and households that meet one of the criteria for National Objectives set out in 24 C.F.R. 570.208 (a), in addition to the federal Uniform Administrative Requirements (UAR) as set forth in 2 CFR Part 200; and WHEREAS, the Contractor shall ensure recognition of the role of the Grantee in providing services through this contract, prominently labeling all activities, facilities, and items utilized pursuant to this contract recognizing the source of funds as City of Pearland CDBG. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed between the parties .hereto that: ARTICLE 1- PROJECT SECTION 1: SCOPE OF SERVICE A. Activities 1. Program Delivery Activity #1 Provide minor repairs and rehabilitation services to qualified, City -approved, low - moderate income residents that are owners and occupants of single-family homes within the corporate boundaries of the City of Pearland (Exhibit A — Attached). City of Pearland, Texas Contractor Agreement Page 1 of 27 Summary of Contract Terms Contractor Name & Address: Circle Friends Construction Services 13831 Rosemere Lane Houston, TX 77047 Federal I.D. # 26-0155843 DUNS # 799127480 Description of Services: Single Family Owner -Occupied Housing Repair Services, per bid #0619-41, Resolution R2019-181. Contract Amount: Unit Price Contract: Estimated at $185,000 Extension/Renewal: Two renewal options. Additional Contract Documents Contractor's Proposal/Response to Bid #0619-41 Resolution R2019-181 and Exhibit A — Scope of Work Contractors Certificate of insurance — Listing the City of Pearland as Additional Insured 2. Administration The Contractor is required to administer the financial, programmatic and regulatory compliance measures necessary to meet HUD National Objectives as an independent contractor, and not as an officer, agent, servant or employee of the Grantee. 3. Income Benefit Goals It is anticipated that approximately 15 unduplicated low- to moderate -income clients will be served over the course of this 12-month Agreement. The goal is to serve 15 clients at the 0-80°% area. median income (AMi) level (low -moderate income). B. Standard Contractual Provisions — Local Policies 1. Definitions. Contract means this Standard Contract for Construction Services. Services means the services for which the City solicited bids or received proposals as described in Exhibit "A" attached hereto. 2. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. City of Pearland, Texas Page 2 of 27 Contractor Agreement 3. Termination Provisions. (a) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. if the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (b) (c) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to complywith its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City faits to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make. the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. 4. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third -party defendant as allowed by law. 5. Assignment. Contractor shall not assign this Contract without the prior written consent of the City. 6. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in acourt of competentjurisdiction located in or having jurisdiction in Brazoria County, Texas. 7. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes. all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. 8. Independent Contractor. Contractor shall perform the work under this Contract as an independent. contractor and not as an employee of the City. The City has no right to supervise, direct, or control City of Pearland, Texas Page 3 of 27 Contractor Agreement the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract_ The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. 9. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator's fees. 10. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorneys fees or other costs relating to the suit. 11. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. C. National Objectives All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Contractor certifies that the activity/activities carried out under this Agreement will meet the HUD Low -Moderate Income National Objective via Matrix Code 14H (Housing Rehabilitation). D. Goals and Performance Measures The Contractor agrees to provide the following levels of program services: Activity Units per Month Total UnitslYear Activity #1 1-2 15 E. Performance Monitoring The Grantee will monitor the performance of the Contractor. against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the Grantee, suspension or termination procedures will be initiated. F. Special Conditions The City requires that any and all activities involving construction projects be subject to local permitting and planning ordinances/requirements, and that the Contractor incur such costs. The federal rules governing federally -assisted construction projects shall apply, and the City is not responsible for the Contractor's compliance with any federal, State and/or local rules, regulations and/or laws. City of Pearland, Texas Contractor Agreement Page 4 of 27 SECTION 2: PROJECT DESCRIPTION Type of Project: Housing Enforcement and Rehabilitation Opportunities (HERO) Program Project Location: City -Wide based on approval by City of Pearland Service Area: City -Wide Matrix Code: 14H (Housing Rehabilitation Amount Funded: $185,000 Basic Eligibility Citation: 24 CFR 570.201(k): Housing Services SECTION 3: TERM OF AGREEMENT The term of this Agreement is October 1, 2019 through September 30, 2020. The term of this Agreement may be extended should additional time for auditing this project be required, in accordance with law; this Agreement shall be deemed automatically extended until such time as the said audit shall be completed. The provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of CDBG funds or other CDBG assets, including program income. Additionally, the Grantee has monitored and cleared the Contractor of any. and all applicable audit findings and/or concerns related to review and inspection of the Contractor's management and oversight of CDBG funds. Otherwise, should the aforementioned provisions not be met in a timely manner, pursuant 24 CFR 570.902, any projects or capital improvement cost paid with more than $20,000 and up to $50,000 in CDBG funds must be able to provide benefits to low- and moderate -income persons or areas for a minimum of five (5) years at the project site. For projects exceeding $50,000 and up to $100,000 in CDBG funds, the minimum continuing use is ten (10) years. Projects that exceed $100,000 to $150,000 in CDBG funds must be held in the same use for at least fifteen (15) years. Projects that are over $150,000 to $200,000 in CDBG funds must be held in the same use for twenty (20) years. Projects that have $200,000 or more in CDBG funds must continue to serve the low- to moderate -income population for a minimum of twenty-five (25) years. For each project subject to this Agreement, CDBG funds must be able to provide benefits to low- and moderate -income persons or areas for a minimum of five (5) years at the project site. SECTION 4: PROGRAM REPORTING The Contractor shall submit such reports as required by the City to meet its local obligations and its obligations to HUD. The City will prescribe the report format, as well as the time and location for submission of such reports. Required reports include, but are not limited to the following: A. Quarterly reports which shall include the progress made to date, or justification for lack of progress, in providing the services specified in Article 1, Section 1: Scope of Services, of this Agreement. B. Quarterly reports on the number of projects and persons assisted by the Contractor through this Agreement. C. Closeout reports including a final performance report, inventory of all property acquired or improved by CDBG funds, and final financial report. upon termination or completion of the award. City of Pearland, Texas Page 5 of 27 Contractor Agreement ARTICLE 2- FINANCIAL MANAGEMENT SECTION 1: PAYMENTS AND BUDGET A. General Statement The City shall reimburse the Contractor allowable costs for services identified in this Agreement not to exceed One Hundred and Eighty -Five Thousand Dollars ($185,000) upon presentation of properly executed reimbursement forms provided and approved by the City. Such reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable costs shall mean those necessary and proper costs identified in the Contractor's application and budget and approved by the City unless any or all such costs are disallowed by the State of Texas or HUD. Any reimbursement made under this Agreement must comply with the applicable requirements of 24 CFR Part 85. The Contractor may not request disbursement of funds under this Agreement until the funds are needed for payment of allowable costs. B. Payments Reimbursement request must be submitted to the City of Pearland in accordance with instructions to be provided to the Contractor under separate cover. Reimbursement payments shall be made to: Circle Friends Construction Services. Drawdowns for the payment of allowable costs shall be made against the line item budgets specified in Paragraph C, below, herein and fn accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph C and in accordance with performance, C. Budget Line Item Amount: Construction $185,000 .In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Contractor shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Contractor. D. Closeout Upon termination of this Agreement, in whole or in part for any reason including completion of the. project, the following provisions may apply: A. Upon written request by the Contractor, the City shall make or arrange for payments to the Contractor of allowable reimbursable costs not covered by previous payments; B, Disposition of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee); C. The Contractor shall submit within thirty (30) days after the date of expiration of this Agreement, all financial,- performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City or its designee; and City of Pearland, Texas Page 6 of 27 Contractor Agreement D. Closeout of funds will not occur unless all requirements of 24 CFR 92.507 are met and all outstanding issues with the Contractor have been resolved to the satisfaction of the City. The Contractor's obligation to the Grantee shall not end until all closeout requirements are completed. Notwithstanding theforegoing, the terms of this Agreement shall remain in effect during any period that the Contractor has control aver CDBG funds, including program income. SECTION 2: DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and HUD shall have the right to audit the records of the Contractor as they relate to the Agreement and the activities and services described herein. The Contractor shall also: A. Maintain an effective system of internal fiscal control and accountability for all CDBG funds and property acquired or improved .with CDBG funds, and make sure the same are used solely for authorized purposes. B. Keep a continuing record of all disbursements by date, check number, amount, veridor, description of items purchased and line item from which the money was expended, as reflected in the Contractor's accounting records. C. Maintain payroll, financial, and expense reimbursement records for a period of five (5) years after receipt of final payment under this Agreement. D. Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City or HUD at any time during normal business hours and as often as necessary. E. Inform the City concerning any funds allocated to the Contractor, that the Contractor anticipates will not be expended during the term of this Agreement, and permit the reassignment of the same by the City to other Contractors. F. Repay the City any funds in its possession at the time of the termination of this Agreement that may be due to the City or HUD. SECTION 3: REIMBURSEMENT The City shall reimburse the Contractor only for actual incurred costs upon presentation of properly executed reimbursement forms as provided and approved by the City. Only those allowable costs directly related to this Agreement shall be paid. The amount of each request must be limited to the amount needed for payment of eligible costs. In the event that the City or HUD determines that any funds were expended by the Contractor for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or HUD may order repayment of the same. The Contractor shall remit the disallowed amount to the City within thirty (30) days of written notice of the disallowance. City of Pearland, Texas Page 7 of 27 Contractor Agreement SECTION 4: PROGRAM INCOME The Contractor shall report monthly on all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Contractor shall comply with the requirements set forth at 24 CFR 570.504, 2 CFR 200,80 and 2 CFR 200.307. By way of further limitations, the Contractor may use such income only during the term of this Agreement and only for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the City at the completion of the Agreement. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. ARTICLE 3- GENERAL CONDITIONS AND REQUIREMENTS SECTION 1: NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery or sent by electronic means. Any notice delivered or sent as - aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Grantee/City Contractor 1St Level Rance Rhame (rrhame@pearlandtx.gov) Derek Jackson Level Joel Hardy (jhardy@pearlandtx.gov) 3rd Level Jon Branson (jbranson@pearlandtx.gov) Address 3519 Liberty Drive Pearland, TX 77581 SECTION 2: GENERAL, CONDITIONS A. General Compliance The Contractor agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart J and subpart K of these regulations, except that (1) the Contractor does not assume the recipient's environmental responsibilities described in 24 CFR 570,604 and (2) the Contractor does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Contractor also agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this Agreement. The Contractor further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Contractor shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG Program. The applicable laws and regulations include, but are not limited to: City of Peariand, Texas Page 8 of 27 Contractor Agreement • • 2 CFR Part 200 ■ 24 CFR Part 570; • 24 CFR Parts 84 and 85; ■ OMB Circular A-87 "Cost Principles for State and Local Governments, or OMB Circular A- 110, or OMB Circular A-122 "Cost Principles for Non -Profit Organizations," or OMB Circular A-21 'Cost Principles for Educational Institutions"; • OMB Circular A-128, "Audits of State and Local Governments" or OMB Circular A-133 "Audits of Institutions of Higher Education and Other Non -Profit Institutions"; ■ The Davis -Bacon Fair Labor Standards Act; • The Contract Work Hours and Safety Standards Act of 1962; • Copeland "Anti -Kickback" Act of 1934; • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA); • Title VI of the Civil Rights Act of 1964; (Public Law 88-352 implemented in 24 CFR Part 1) • Fair Housing Act, Title VIIi of the Civil Rights Act.of 1968 (Public Law 90-234 and Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107); • Sections 104(b) and 109 of the Housing and Community Development Act of 1974; ■ Section 3 of the Housing and Urban Development Act of 1968; • Equal employment opportunity and minority business enterprise regulations established in 2 C.F.R. Part 200, Appendix 11, ¶ C and24 CFR part 570.904; • Non-discrimination in employment, established by Executive Order 11246 (as amended by Executive Orders 11375 and 12086); • Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility; • The Architectural Barriers Act of 1968; • ▪ The Americans With Disabilities Act (ADA) of 1990; • The Age Discrimination Act of 1975, as amended; ■ National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended; • Lead Based paint regulations established in 24 CFR Parts 35, 570.608, and 24 CFR 982.401; • Asbestos guidelines established in CPD Notice 90-44; • HUD Environmental Criteria and Standards (24 CFR Part 51); • The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; ▪ Historic Preservation Act of 1966, as amended, and related laws and Executive Orders; • Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq.); = Flood Disaster Protection Act of 1973. B. "Independent Contractor" Nothing contained in this Agreement is intended, nor she be construed in any manner to create or establish the relationship of employer/employee between the Grantee and the Contractor. The Contractor shall, at all times, remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement. life and/or medical insurance and Workers' Compensation Insurance, as the Contractor is an independent contractor. C. Hold Harmless To the extent permitted by law, the Contractor agrees to hold harmless, defend and indemnify the City and its appointed and elected officers and employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of any actions, claims, lawsuits, damages, charges and judgments whatsoever that arise out of the Contractor's performance or nonperformance of the services or subject matter called for in this Agreement. City of Pearland, Texas Contractor Agreement Page 9 of 27 D. Workers' Compensation The Contractor shall provide Workers' Compensation Insurance coverage for allof its employees involved in the performance of this Agreement. E. Insurance & Bonding The Contractor shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Contractor shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48. The certificates of insurance shall be provided to the City by the Contractor's insurance agent or carrier as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect_ Insurance limits must be on each Certificate of Insurance. Each Certificate of Insurance shall be reviewed and approved by the City prior to commencement of this Agreement. No other form of certificate shall be used; The Contractor will not be relieved of any liability, claims, demands, or other obligations assumed by its failure to procure or maintain insurance, or its failure to procure or maintain insurance in sufficient amounts, durations; or types. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions and minimum limits will constitute a material breach of this Agreement, upon which the City may immediately terminate this contract. F. Licensing The Contractor agrees to comply with and obtain at its own expense, if necessary, all applicable Federal, State, City or Municipal standards for licensing, certifications and operation of facilities and programs, and accreditation and licensing. of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. In the event of an investigation or suspension regarding any Contractor license related to the services for which the City is providing funding under this Agreement; the City may terminate this Agreement and withhold further Agreement funds. In addition, monies already received under this Agreement may be owed back to the City. G. Amendments The parties may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Contractor from its . obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, State or local governmental guidelines, policies or available funding amounts, or for other reasons. If such amendments result in a change in the. funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Contractor. City of Pearland, Texas . Page 10. of 27 Contractor Agreement H. Failure to Perform In the event of a failure by the Contractor to comply with any terms or conditions of this Agreement or to provide in any manner activities or other performance as agreed herein; the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, or prohibit the Contractor from incurring additional obligation of funds until the City is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of the City's right to suspend or terminate this Agreement. The City may consider performance under this Agreement when considering future awards. I. Suspension or Termination The Grantee may pursue such remedies as are available to it in accordance with_ 2 CFR Part 200, Appendix II, ¶ A and 24 CFR 85.43, including but not limited to suspension or termination of this Agreement, if the Contractor materially fails to comply with any terms or conditions of this Agreement; which include,but are not limited to, the following: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason; of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission by the Contractor to the Grantee reports that are incorrect or incomplete in any material respect; or E. Failure to take satisfactory corrective action as directed by the City. In accordance with 2 C.F.R. Part 200, Appendix 11, IT B and 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Contractor, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. If, in the case of a partial termination, however; the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award wasmade, the Grantee may terminate the award in its entirety. In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Agreement but prior to its normal completion, the City may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provisions of this agreement. Termination under this Section shall be effective upon receipt of written notice. In the case of a suspension or termination, monies already received under this Agreement may be owed back to the City and the City may also declare the Contractor ineligible for further participation in the CDBG program. City of Pearfand, Texas Page 11 of 27 Contractor Agreement SECTION 3: ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Contractor agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Contractor shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, ''Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The Contractor shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not be limited to: ■ Records providing a full description of each activity undertaken; ■ Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; ■ Records required to determine the eligibility of activities; • Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; • Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and ■ Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Contractor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there are litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five year period, City of Pearland, Texas Page 12 of 27 Contractor Agreement then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. 3. Client Data The Contractor shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, demographic information and description of service provided.. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Contractor understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Contractor's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Audits & Inspections All Contractor records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, and the Comptroller General of the United States or any of their authorized representatives at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Contractor within thirty (30) days after receipt by the Contractor. Failure of the Contractor to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Contractor hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Contractor audits and OMB Circular A-133. C. Grievance The Contractor will have processes in place grievance procedures which receive, document and utilize the input from beneficiaries affected by the program or project covered under this Agreement. This may include, but not be limited to the Contractor providing the beneficiary with the Contractor's proper contact information for accepting a written complaint or grievance, the filing and record retention of said grievance, and the transmission of that same documentation to the Grantee, immediately. D. Procurement 1. Compliance The Contractor shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards Unless specified otherwise within this agreement, the Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. City of Pearland, Texas - Page 13 of 27 Contractor Agreement 2. Debarment and Suspension Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations et 2 G.F.R. Part 3000 (Non -procurement Debarment and Suspension). These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement Guidance for Recipients and Contractors Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be, made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, ¶ 6.d and Appendix C, ¶ 2. a. In general; an "excluded' party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and Contractors. The key to the exclusion is whether there is a "covered transaction," which is any non -procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non -procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and Contractor. b. Specifically, a covered transaction includes the following contracts for goods or services: a. The contract is awarded by a recipient or Contractor in the amount of at least $25,000. b. The contract requires the approval of FEMA, regardless of amount. c. The contract is for federally -required audit services. d_ A subcontract is also a covered transaction if it is awarded by the contractor of a recipient 'or Contractor and requires either the approval of FEMA or is in excess of $25,000. i. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: "Suspension and Debarment 1 This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3. This certification is a material representation of fact relied upon by (insert name of Contractor). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, City of Pearland, Texas Page 14 of 27 Contractor Agreement subpart C, in addition to remedies available to (name of state agency serving as recipient and name of Contractor), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The bidder or proposer agrees to comply. with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance* in its lower tier covered transactions." E. Travel No funds shall be budgeted for reimbursement of the Contractor's travel in this Agreement. F. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, .570.503, and 570.504, as applicable, which include but are not limited to the following: A. The Contractor shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. B. Real property under the Contractor's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Contractor fails to use CDBG assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Contractor shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Contractor may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. C. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed .by the Contractor for activities under this Agreement shall be (1) transferred to the Grantee for the CDBG program or (2) retained after compensating the Grantee in an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. SECTION 4: RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Contractor agrees to comply with (1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (2) the requirements of 24 CFR 570.606(c) governing the Residential Anti - City of Pearland, Texas Page .15 of 27 Contractor Agreement subpart C, in addition to remedies available to (name of state agency serving as recipient and name of Contractor), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." E. Travel No funds shall be budgeted for reimbursement of the Contractor's travel in this Agreement. F. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: A. The Contractor shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. B. Real property under the Contractor's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Contractor fails to use CDBG assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Contractor shall pay the Grantee an amount equal to the current fair market value of the property less,any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Contractor may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. C. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Contractor for activities under this Agreement shall be (1) transferred to the Grantee for the CDBG program or (2) retained after compensating the Grantee in an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. SECTION 4: RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING. REPLACEMENT The Contractor agrees to comply with (1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (2) the requirements of 24 CFR 570.606(c) governing the Residential Anti - City of Pearland, Texas Page 15 of 27 ' Contractor Agreement E. Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or a benefit under this Agreement. F. Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this agreement. If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Contractor shall take such actions as may be required to ensure full compliance with the provisions, including sanction for noncompliance. 3. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-. 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Contractor, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Contractor agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Contractor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement, 5. Architectural Barriers ActlAmericans with Disabilities Act 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 communication barriers that are structural in nature in existing facilities, where such removal is readily achievable —that is, easily,accomplishable and able to be carried out without much difficulty or expense. City of Pearland, Texas Page 17 of 27 Contractor Agreement - B. Affirmative Action • 1. Approved Plan The Contractor agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. 2. Women- and Minority -Owned Businesses (W/MBE) The Contractor will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act,as amended (15 U.S.C. 632), and "minority and women's business enterprise` means a business at least fifty- one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Contractor may rely on writtenrepresentations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Contractor shall furnish and cause each of its own. Contractors or subcontractors to furnish ail information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity and Affirmative Action employer. City of Pearland, Texas Page 18 of 27 Contractor Agreement The Contractor shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60), and will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 6. Subcontract Provisions The Contractor will include the provisions of Section 5. A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own Contractors or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Contractor is prohibited from using funds provided herein or personnel employed in the administration of the program for: "political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. The Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) is applicable to any and all Contractors who apply or bid for an award of $100,000 or more. Such Contractors shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining. any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 2. Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 3. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential. property containing less than eight (8) units, all contractors engaged under contracts in excess of City of Pearland, Texas Page 19 of 27 Contractor Agreement $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee in 2 CFR Part 200, Appendix [I, ¶ D, pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5.and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. Drug -Free Workplace The Contractor will or will continue to provide a drug -free workplace by: A. Maintaining a Zero Tolerance Drug Policy; B. Posting in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; C. Stating in all solicitations or advertisements for employees or subcontractors placed by or on behalf of the Contractor that the Contractor maintains a drug -free workplace; D. Establishing an ongoing drug -free awareness program to inform employees about: ■ The dangers of drug abuse in the workplace; ■ The Contractor's policy of maintaining a drug -free workplace; • Any available drug counseling, rehabilitation, and employee assistance programs; and • The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; E. Including the provisions of the foregoing clauses in all third -party contracts, subcontracts, and purchase orders that exceed ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 4. "Section 3" Clause A. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued thereunder prior to the execution of this contract, _shall be a condition of the Federal financial assistance provided under this contract and binding upon the Contractor and any of the Contractor's Contractors and subcontractors. Failure to fulfill these requirements City of Pearland, Texas Page 20 of 27 Contractor Agreement shall subject the Contractor and any of the Contractor's Contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Contractor certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Contractor further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Contractor further agrees to ensure that opportunities for training and employment arising in connection with a housing. rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Contractor further agrees to award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities' for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Contractor certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. B. Notifications The Contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. City of Peariand, Texas Page 21 of 27 Contractor Agreement C. Subcontracts The Contractor will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in , violation of regulations issued by the grantor agency. The Contractor will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct. 1. Assignability The Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee; provided, however, that claims for money due or to become due to the Contractor from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. All terms and conditions of this. Agreement shall apply to any approved subcontract or assignment related to the Agreement. 2. Subcontracts A. Approvals The Contractor shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the Grantee prior to the execution of such agreement. B. Monitoring The Contractor will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. C. Content The Contractor shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. D. Selection Process The Contractor shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. City of Pearland, Texas Page 22 of 27 Contractor Agreement 3. Hatch Act The Contractor agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Contractor agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include, but are not limited to the following: A. The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. B. No employee, officer or agent of the Contractor shall participate in the selection, the award or the administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. C. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities; or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a.period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or e[ected or appointed official of the Grantee, the Contractor, or any designated public agency. 5. Lobbying The Contractor hereby certifies that: A. No Federal appropriated funds have been paid or will be paid, by.or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and C. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and City of Peariand, Texas Page 23 of 27 Contractor Agreement contracts under grants, loans, and cooperative agreements) and that all Contractors shall certify and disclose accordingly: D. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Grantee Recognition The Contractor shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In addition, the Contractor will include a reference to the support provided. herein in all publications made possible with funds made available under this Agreement. 7. Copyright If this Agreement results in any copyrightable material or inventions, the Grantee reserves the right to a royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, the work or materials for governmental purposes. 8. Religious Activities The Contractor agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. In addition to, and not in substitution for, other provisions of this Agreement regarding the provisions of services utilizing CDBG funds the Contractor agrees that, in connection with such services: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; B. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; C. Et will provide no mandatory religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services. City of Peariand, Texas Page 24 of 27 Contractor Agreement 9. Other Program Requirements The Contractor shall carry out each activity in compliance with all Federal laws and regulations described in 24 CFR 570 Subpart K, regardless if the law is specifically stated in this Agreement, except that: . A. The Contractor does not assume the City's environmental responsibilities described in Section 570.604; and B. The Contractor does not assume the City's responsibility for initiating the review process under Executive Order 12372. SECTION 6: ENVIRONMENTAL CDBG regulations require the preparation of a project Environmental Review Record (ERR) and environmental clearance before funds are expended or costs incurred. The overall governing legislation is the National Environmental Policy Act (NEPA). City staff will complete the ERR. The time required for completion of the ERR can vary from a week to a few months. If the initial Environmental Assessment determines that an Environmental Impact Statement (EIS) or a Biological Assessment (BA) is necessary, the Contractor will be required to make appropriate budget modifications to assure the costs of the EIS or BA are paid for from project funds. After completing the ERR; the City may publish a notice of a Finding of No Significant Environmental Impact (FONSI) in a local newspaper declaring the intent to request release of project funds from HUD. After the release of the funds by HUD, the City will send the Contractor a written notice to begin the project. Contractors shall not implement any project activities or incur any project costs until receipt of the notice to proceed. The City must also determine whether the project meets other applicable statutory and regulatory requirements which include by are not limited to the following: A. Air and Water The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act, 42 U.S.C., 7401, et seq. and 2 C.F.R. Part 200, Appendix II, Ij G; Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; ■ Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50; as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Contractor shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). City of Pearland, Texas Page 25 of 27 Contractor Agreement C. Lead -Based Paint The Contractor agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the. symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1.966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State's designated office for dealing with Historic Preservation, for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. SECTION 7: HANDBOOK RECEIPT CERTIFICATION The Contractor certifies that it has received the HUD published "Paying by the Rules" in either print or electronic format from the Grantee. The Contractor further certifies and agrees that it is the Contractor's obligation as a part of this Agreement to read and understand the Handbook. SECTION 8: SEVERABILITY It is understood and agreed by the parties that if any part, term, or provision .of this Agreement is held by the courts to be invalid, illegal or in conflict with any law, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.' SECTION 9: WAIVER The Grantee's failure to act with respect to a breach by the Contractor does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. SECTION 10: SUCCESSORS This Agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and successors. SECTION 11: ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Grantee and the Contractor for theuseof funds received under this Agreement and it supersedes all prior or contemporaneous communications City of Pearland, Texas Page 26 of 27 Contractor Agreement and proposals, whether electronic, oral, or written between the Grantee and the Contractor with respect to this Agreement. SECTION 12: NO THIRD -PARTY BENEFICIARIES Except as expressly provided otherwise, this Agreement is intended to be solely for the benefit of the parties and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy, claim, cause or action or other right. SECTION 13: GOVERNING LAW AND JURISDICTION This Agreement shall be construed in accordance with the laws of the State of Texas. In the event of any dispute over the Agreement's terms and conditions, the exclusive venue and jurisdiction for any litigation arising thereunder shall be in the District Court of Brazoria County, and, if necessary for exclusive federal questions, the United States District Court for the District of Texas. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. GRANTEE: City of Pearland, Texas Federal I.D. # 74-6028909 CITY PRINTED NAME L / ('(t.) Approved as to Form and Legal Sufficiency: CITY ATTORNEY !J¢ rr:e Zt7 PRINTED NAME CONTRACTOR: Circle Friends Construction, LLC. DATE DATEl F /3— l AUTHOR 15OFFICIAL TITLE //-i3-/9 PRINTED NAME DATE City of Pearland, Texas Page 27 of 27 Contractor Agreement EXHIBIT A CONTRACTOR'S SCOPE OF WORK Contractor is to perform construction related services per the terms and conditions of the City of Pearland bid # 0619-41 and Contractor's response to the same, as well as "Standards for Program Operation and Execution of Repairs". Pricing is as follows per contractor's response to the same, as listed on the attached pages. Bid # 0619-41 Line Items Line Description :L Base Bid Note to Bidder Access Ramp 36" Width, Metal with anti- 1.1 slip surface or equal material. Access Ramp 36" Width, Metal with anti- 1.2 slip surface or equal material. Access Ramp 36" Width, Metal with anti - slip surface or equal material. Access Steps 36" Width, Metal with anti - slip surface or equal material. 1.3 1.4 UOM . QTY 1 2' Length EA 1 4' Length 6' Length EA EA 1 1 20" D EA 1 EXHIBIT A CONTINUED Circle Friends Construction Services Unit Cost Replace threshold at entry door way. Install ADA compliant threshold unit. Secured to subfloor. Inclusive of necessary weather- 1.5 stripping to seal properly below door. 4" x 1/4"H Metal EA 1.6 Dishwasher White/Black 1.7 Fridge/Freezer White/Black, w/o ice maker 1:8 Oven Range White/Black 1.9 Oven Ran• e White/Black 1.10 Range Hood Over the Range 1.11 Microwave Over the Range w/ vent fan Replace existing garbage disposal unit, including new electrical, plumbing supply, 1.12 and drain hook ups EA 1 EA 1 Gas Electric EA 1 $200.00 $450.00 $650.00 $900.00 $150.00 $500.00 Replace existing garbage disposal unit, inc[uding new electrical, plumbing supply, 1.13 and drain hook ups Replace existing garbage disposal unit, including new electrical, plumbing supply, 1.14 and drain hook ups 1/3 HP EA EA EA $900.00 _ $700.00 $700.00 1 1 $400.00 EA 1 1/2 HP 3/4 HP 1.15 Door Casing Trim, white or paint to match 1.16 Door Casing Trim, white or paint to match 1.17 Removal of debris, whether sourced from materials/debris prohibiting repair activities, or other coverable activity. Vinyl - 2,25" Wood - 2.25" EA EA. LE LF 1 1 1 $600.00 $500.00 $900.00 $950.00 $20.00 $25.00 Per Cu.Yd. CY $20.00 1.19 1.20 1.21 1.22 Gutters 4" width Gutters 4" width Gutters 4" width Gutters 4" width Metal Sheetrock 1/2" tape, float, texture as needed, prime, and paint to match 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 Sheetrock 1/2" tape, float, texture as needed, prime, and paint to match 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 texture/paint) Downspout Vinyl Downspout w/ removal of existing material Installation w/o removal of existing material w/ removal of existing material 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 texture/paint) Wainscot MDF(medium density fiber) product or similar Installation w/o removal of existing material w/ removal of existing material Wainscot MDF(medium density fiber) product or similar Wood Panel 4' x 8' sheet paneling for interior walls, paint to match, seal as necessary. MDF, Hardboard, or Wood panel sheets. Installation w/o removal of existing material w/ removal of existing material Wood Panel 4' x 8' sheet paneling for interior walls, paint to match, seal as necessary. MDF, Hardboard, or Wood panel sheets. Ceiling R-38 equivalent depth/product, R- 30 where insulation extends over top wall plates and 100% of ceiling area requiring insulation Ceiling R-38 equivalent depth/product, R- 30 where insulation extends over top wall plates and 100% of ceiling area requiring insulation Wall R-13 equivalent insulation factor filling cavity Ceiling Fan - 52 in. - Ener• Star Rated 1.34 Installation w/o removal of existing material LF EA LF EA SF 1 1 1 1 $20.00 $30.00 $20.00 _ $30,00 $5.00 SF SF SF SF SF SF SF Blown -In Fiberglass SF $4,00 $2.00 1 $2.00 $2.00 Batt Fiberglass SF $2.00 Batt Fiberglass Flush Mount Light Fixture - Value Product, Energy Star if available, of like -kind SF IEA • j EA $3.00 $3.00 $1.00 1 . $1.00 1 $2.00 1 $400.00 1 $200.00 1.35 1.36 1.37 1.38 1.39 1.40 Wall Sconce - Interior, Value Product, Energy Star if available, of like -kind Vent Fan - Minimum 50 cfm intermittent or 20 cfm continuous exhaust rating, Energy Star. (not including wiring for new install - Only price for basic replacement) EA w/ Light Vent Fan - Minimum 50 cfm intermittent or 20 cfm continuous exhaust rating, Energy Star. (not including wiring for new install - Only price for basic replacement) Fluorescent - 48" - Value Product, Energy Star if available, of like -kind Fluorescent - 48" - Value Product, Energy Star if available, of like -kind Exterior Security Light - LED - Wall mount - Value Product, Energy Star if available, of like -kind 1.41 w/o Light 2 bulb fixture $200.00 1 $450.00 EA EA 4 bulb fixture Exterior Porch Light - Flush mount, Value Product, Energy Star if available, of like - kind 1.42 1.43 1.44 Outlets 15-20 amp, w/ wall plate Outlets 15-20 amp, w/ wall plate Switches single pole to 3-way, w/ wall plate $400.00 $200.00 EA 1 Duplex - GFCl/AFCI EA Duplex - Non- GFCl/AFCI Toggle 1.45 Switches single -pole to 3-way, w/ wall plate Replace wiring from switch/outlet to nearest gang box, switch, outlet, or service 1.46 panel (including new switch or outlet) Replace wiring from switch/outlet to nearest gang box, switch, outlet, or service 1.47 panel (including new switch or outlet) Replace wiring from switch/outlet to nearest gang box, switch, outlet, or service 1.48 panel (including new switch or outlet) 1.49 1.51 1.52 1.53 1.54 Rocker EA EA EA EA EA 14 gauge - 15 amp - 120V 12 gauge - 20 amp - 120V 10 gauge - 30 amp - 120V Replace wiring from switchloutlet to nearest gang box, switch, outlet, or service panel (including new switch or outlet) Replace service panel, including proper permitting and inspections. Replace service panel, including proper permitting and inspections. Replacement of existing Smoke Detector w/ Carbon Monoxide alert Li -Ion Battery Replacement of existing Smoke Detector w/ Carbon Monoxide alert Hardwired Installation of new Smoke Detector w/ Carbon Monoxide alert Li -Ion Battery 10 gauge - 30 amp - 240v LF 1 $226.00 $400.00 $200.00 1 , $200.00 1 $200.00 $100.00 $100.00 LF LF 100 Amp Service EA 200 Amp Service EA 1 $15.00 $15.00 $15.00 $15.00 $2,700.00 EA EA ,EA 1 $2,700.00 $80.00 $200.00 $80.00 1.55 1.56 1.57 1.58 1.59 1,60 1.61 1.62 1.63 1.64 Installation of new Smoke Detector w/ Carbon Monoxide alert Vinyl Flooring basic, value product to match, glue down product - Leveling Compound application as necessary Vinyl Flooring basic, value product to match, glue down product - Leveling Compound application as necessary Carpet including pad, appropriate thickness up to 1/2 inch. Value product - texture or twist type. Carpet including pad, appropriate thickness up to 1/2 inch. Value product - texture or twist type. Laminate Wood lay self leveling compound as necessary. Floating, click -lock style. Including necessary quarter -round or similar trim around proper expansion area on surround Laminate Wood lay self leveling compound as necessary. Floating, click -lack style. Including necessary quarter -round or similar trim around proper expansion area on surround Ceramic Tile lay self leveling compound as necessary. Mortar base, lay tile, equal spacing, and installation of mortar to match. Ceramic Tile lay self leveling compound as necessary. Mortar base, lay tile, equal spacing, and installation of mortar to match. Replace outside condenser unit. include connections and Freon charge. R410A unit New energy star rated, programmable thermostat. 1.65 Hardwired EA w/ existing material removal , SF w/o existing material removal SF w/ existing material removal SF 1 1 1 1• w/o existing material removal SF w/ existing material removal SF 1 1 $200.00 $8.00 $5.00 $15.00 $12.00 $8.00 w/o existing material.removal SF 1 $5.00 w/ existing material removal SF $14.00 w/o existing material removal 2.5 ton Replace outside condenser unit. include connections and Freon charge. R410A unit New energy star rated, programmable thermostat. 1.66 3 ton Replace outside condenser unit. Include connections and Freon charge. R410A unit New energy star rated, programmable thermostat. Replace Air Handling Unit including coil, furnace, and blower - all connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of 1.67 j back-up drain piping to exit paint -Gas L 4 ton 2.5 ton SF $8,00 EA 1 $3,700.00 EA EA EA 1 1 $4,000.00 $5,000.00 1 _ $2,700.00_ Replace Air Handling Unit including coil, furnace, and blower _ all connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of 1.68 back-u• drain piping to exit .oint-Gas Replace Air Handling Unit including coil, furnace, and blower - all connections and Freon charge - connect to existing air boxlduct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of 1.69 back-up drain piping to exit point -Gas Replace Air Handling Unit including coil, furnace, and blower - all connections and Freon charge - connect to existing air boxlduct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- 1.70 ELECTRIC Replace Air Handling Unit including coil, furnace, and blower - all connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point - ELECTRIC Replace Air Handling Unit including coil, furnace, and blower - all connections and Freon charge - connect to existing air box/duct work. New energy star rated, programmable thermostat. New float switch at evaporator drain pan, and cleaning of back-up drain piping to exit point- 1.72 ELECTRIC 1.73 __1.74 Replace thermostat, including necessary wiring, mounting, and general setting. Digital/programmable, Energy Star where applicable. Install a window unit A/C unit, with heater. Install through wall and secure so it will not easily be removed. Inclusive of proper wiring for adequate power source. EA 1 $3,500.00 EA EA 3 ton 4 ton EA 1 $4,500.00 EA $2,700.00 $3,500.00 $4,500.00 EA 5,000 btu EA Install a window unit A/C unit, with heater. Install through wall and secure so it wi[I not easily be removed. Inclusive of proper 1.75 1 wiring for adequate power source. 7,500 btu EA $400.00 $.1,200.00 $1,500.00 Install a window unit A/C unit, with heater. Install through wall and secure so it will not easily be removed. Inclusive of proper 1.76 wiring for adequate power source. 1.78 11.79 1.80 1.81 1.84 Install a window unit A/C unit, with heater. Install through wall and secure so it will not easily be removed. Inclusive of proper wirinfor adequate power source. Licensed HVAC Technician to assess whole home heating and cooling system. Includes Freon levels and leak checking, full operation of all major components, etc. Identification of necessary repairs, and full , report to City staff. Removal of vent grills, cleaning of e dust/contaminants between grill and air box. Prep surface, texture, prime, paint to cover (not inclusive of repairs to wall or surface coverings) Prep surface, texture, prime, paint to cover (not inclusive of repairs to wail or surface coverings) 10,000 btu 15,000 btu EA EA 1 1 $1,800.00 $2,200.00 No removal of existing material Removal of wallpaper or other material EA EA SF SF Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and seal as applicable. Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and seal as applicable. Replace fixture. include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and seal as applicable. Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and 1.85 seal as applicable. Toilet - Round, Standard Height, 1.6 gpf EA 1 1 1 1 1 $400.00 $25.00 $2.00 $3.00 $400.00 Toilet - Round, Comfort Height, 1.6 gpf Bathroom Faucet - 4" center set, single handle Shower/Bath Faucet - Single Handle, with shower head Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and 1.86 seal as ap•Iicable. Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and 1.87 seal as applicable. Shower/Bath Faucet-. 3 Handle, with bathtub and shower faucet EA EA EA _ EA 1 $425.00 1 1 1 $150.00 $250,00 $250.00 Kitchen Sink - Faucet Only, Single handle, non -pull out EA 1 1 $200.00 Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and 1.88 seal as applicable. Replace fixture. Include new supply lines for hot/cold water as applicable, connect to supply valve(s), connect to drain(s), and 1.89 seal as applicable. Replace vanity including necessary sinks and faucets, supply and drain connections, 1.90_ including new supply hoses. 1.91 •1.92 1.93 1.94 1.95 Replace vanity including necessary sinks and faucets, supply and drain connections, including new supply hoses. Kitchen Sink - Faucet Only, 2 handle, 4 hole with side sprayer Kitchen Sink - Double basin, drop in, with faucet and side sprayer EA EA Vanity - 36" - single sink EA Vanity - 42" - single sink EA Replace vanity including necessary sinks and faucets, supply and drain connections, including new supply hoses. Vanity - 60" - double sink Replace vanity including necessary sinks and faucets, supply and drain connections, including new supply hoses. Replace Water Heater unit - include supply. and outlet hoses, vent pipe per code, and temp/pressure valve piping to code Replace Water Heater unit - include supply and outlet hoses, vent pipe per code, and temp/pressure valve piping to code Shower/Tub replace unit - include supply and drain connections, sealing of any joints as applicable, new faucet and valves as • 1.96 a•plicable. Shower/Tub replace unit - include supply and drain connections, sealing of any joints as applicable, new faucet and valves as 1.97 applicable. Shower/Tub replace unit - include supply and drain connections, sealing of any joints as applicable, new faucet and valves as 1.98 applicable. Vanity - 84" - double sink 40 gallon - Gas 40 gallon - Electric EA EA 1 $250.00 1 1 1 $250.00 $600_00 $700.00 1 $1,100.00 1 $1,700.00 EA EA 36" x 36" x 72" shower EA 1 1 I $1,100.00 32"x60"x77" shower 60" alcove bathtub Shower/Tub replace unit - include supply and drain connections, sealing of any joints as applicable, new faucet and valves as 1.99 applicable. Install new hot/cold supply piping - include 1.100 new valves and -connections 1/2-3/4" .Copper Install new hot/cold supply piping - include 1,101 new valves and connections 1/2-314" CPVC Install new hot/cold supply piping - include 1 102 new valves and connections 1/2-3/4" 60" walk-in bathtub EA EA $1,100.00 $2,900.00 $3,200.00 $2,600.00 EA $2,900.00. LF $18.00 LF Galvanized Steel j LF $10.00 $20.00 (AR-‘ /-*) 1.103 1.104 1.105 Repair, up -to re -pipe of existing hot/cold supply piping - include.new valves and connections. 1/2-3/4" Repair, up -to re -pipe of existing hot/cold supply piping - include new valves and connections. 1/2-3/4" Repair, up -to re -pipe of existing hot/cold supply piping - include new valves and connections. 1/2-3/4" 1.106 1.107 T 1.108 1,109 Septic Line repair - Up to 4" PVC, ABS, or similar existing material - Updated to PVC or equivalent per International Plumbing and Building Code requirements - Excludes flooring price as necessary to repair. Septic Line repair - Up to 4" PVC, ABS, or similar existing material - Updated to PVC or equivalent per International Plumbing and Building Code requirements - Excludes flooring price as necessary to repair. Clog removal through clean out at individual fixture or component Copper CPVC Galvanized Steel Inside Horne through floor or tunneling Outside Home to include excavation and backfill LF LF LF $20.00 $10.00 $20.00 Slab Foundation - Pressed to refusal at standard PSI, proper permitting, drawings, and plans. Steel shims. Slab Foundation - Pressed to refusal at . standard PSI, proper permitting, drawings, 1.110 ; and plans. Steel shims. Pier Beam - Adjustment of perimeter and interior.beams and piers. Shim as appropriate. include proper permit, 1.111 drawings, and plans. Extension of short, or replacement of damaged rafter tails to meet windstorm 1,112 requirements. 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 ft. To include applicable new drip edge, flashing as 1 113 applicable, crickets, etc. Repair of an area of roof - remove damaged shingles, replaced damaged under laying and decking, fay minimum 15#. felt paper, and lay new lifetime shingle. Permit and windstorm inspection as necessary. Price per 10'x10' area, To include applicable new drip edge, flashing 1.114 as applicable, crickets, etc. Exterior Pylon Interior Pylon Adjustment per Pier Asphalt Shingle Asphalt Shingle LF LF EA EA EA EA. EA SF EA $100.00. 1 $150.00 $300.00 $250.00 $350.00 $150.00 $200.00 $150.00 $150.00 Repair of an area of roof - remove damaged shingles, replaced damaged under laying and decking, lay minimum 15# felt paper, arid lay new lifetime shingle. Permit and windstorm inspection as necessary. Price per square ft. To include applicable new drip edge, flashing as 1.115 applicable, crickets, etc, Metal 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'xl0' area. To include applicable new drip edge, flashing as applicable, crickets, etc. Metal Replacement of roof - remove and dispose of existing layers of shingles or roofing surface, under laying, and replace any damaged decking. Minimum 15# felt under laying, lifetime 3 tab shingle. Permit and windstorm certification WPI-8. Price per square, or 10'x10' area. To include applicable new drip edge, flashing as 1.117 applicable, crickets, etc. 1.118 Replacement of roof ventilation fixture Turbine Fan 1.119 Replacement of roof ventilation fixture 1.120 Replacement of roof ventilation fixture .1.121 Replacement of roof jack Siding replace, seal/weatherize joints, paint to -match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant ':• 1.122 coating will produce similar quality. Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1.123 coating will produce similar quality. Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1.124 coating will produce similar quality. Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1.125 coatin• will •roduce similar quality, Aluminum Vent Square Electrical 4' x 8' sheet 6.25" lap/plank board 1,2" lap/plank board 1" x 4" w/ gutters SF EA SQ EA EA EA EA SF SF LF 1 $200.00 1 $200.00 1 1 1 1 1 1 1 $250.00 $200.00 $200.00 $200.00 $200.00 $12.00 $10.00 $10.00 $20.00 r-- Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1.126 coating will produce similar . ua[it Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1.12.7 coating will produce similar qualit 1" x 4" w/o gutters Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1.128 coating will produce similar quality. LF 1" x 6" w/ gutters LF 1" x 6" w/o gutters LF 1 1 Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1.129 coating will produce similar quality. Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1.130 coating will produce similar quality.. Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant coating will produce similar quality. 12" vented Siding replace, seal/weatherize joints, paint to match. Hardie -Board or equivalent cement fiber board product, provided equivalent product with weather resistant 1.132 coating will produce similar quality. . 1" x 4" Flashing sealed and protected against weather and/or pests or intrusion Galvanized Flashing - sealed and protected against weather and/or pests or intrusion Aluminum Exterior Grade - Solid Core - Security door, including trim and hardware, with paint to match if necessar Metal- 1.133 1.134 1" x 8" w/ gutters LF LF 1 $20.00 $20.00 $20.00 $20.00 1 $12.00 1.135 1"x8"w gutters Exterior Grade - Solid Core - Security door, including trim and hardware, with paint to 1.136 : match if necessary. 1.137 French Doors - Vinyl/Fiber•lass 1 1.138 French Doors- Vinyl/Fiberglass 1.139 Interior Door - Pre -Hung - Hollow Core Wood 50" x 80„ 72" x 80" 24" W LF 1 $12.00 LF LF LF EA. 1 1 1 1 $10.00 $10.00 $10.00 $B00.00 ' EA 1 1 $1,200.00. EA EA EA 1 1 1 $1,200.00 $1,400.00 $400.00 Composite Interior Door Pre -Hung - Hollow Core 1.140 .Composite 30" W Interior Door - Pre -Hung - Hollow Core 1.141 Composite 36" W Remove and install cabinet - Unfinished oak or similar. Secure to wall. Paint or stain 1.142 to match. Value product. 12"W Remove and install cabinet - Unfinished oak or similar. Secure to wall. Paint or stain 1.143 to match. Value product. 24" W 1.144 1.145 1.146 Remove and instal] cabinet - Unfinished oak or similar. Secure to wall. Paint or stain to match, Value product. Remove and install cabinet - Unfinished oak or similar. Secure to wall. Paint or stain to match. Value product. Remove existing countertop material, Install, level, seal, and secure new countertop. Value product - appropriate for area of installation 30" W 36" W EA Laminate 1.147 Remove existing countertop material, Install, level, seal, and secure new countertop. Value product - appropriate for area of installation Solid Surface Windstorm windows rated if applicable, double -hung, double pane. Value product 1.148 of vinyl or equivalent Windstorm windows rated if applicable„ double -hung, double pane. Value product 1.149 of vinyl or equivalent • Windstorm windows rated if applicable, double -hung, double pane. Value product 1.150 of vinyl or equivalent Vinyl - 4o5o Vinyl - 4o6o Vinyl - 36" x 24" EA EA EA EA EA 1 1 1 $400.00 $400.00 $200.00 1 $250.00 1 i $300.00 1 $375.00 SF 1 SF 1 EA 1 EA EA $40.00 $40.00 $1,100.00 $1,500.00 $700.00 ASSURANCES — PEARLAND, TEXAS CDBG CONSTRUCTION PROGRAMS CERTIFICATIONS AND ASSURANCES REGARDING COMPLIANCE WITH UNIFORM ADMINISTRATIVE REQUIREMENTS FOR FEDERALLY -FUNDED CONSTRUCTION PROGRAMS, DEBARMENT, SUSPENSION, INELIGIBILITY, VOLUNTARY EXCLUSION — LOWER -TIER COVERED TRANSACTIONS AND LOBBYING Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, "Government -wide Debarment and Suspension (Non -procurement)" and 15 CFR Part 28, "New Restrictions on Lobbying." Examination of Records. The undersigned hereby certifies and assures that it will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. It shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this. Agreement or after the resolution of all Federal audit findings, whichever occurs later. Review and Approval of Plans and Specifications. The undersigned hereby certifies and assures that it will comply with the requirements of the assistance awarding agency, the direct recipient of assistance funding, and/or its partners or assigns with regard to the drafting, review and approval of construction plans and specifications. Competent Supervision. The undersigned hereby certifies and assures that it will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications and fumish progressive reports and such other information as may be required by the assistance awarding agency or State. Timely Execution of the Scope of Work. The undersigned hereby certifies and assures that it will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Subcontracts. The undersigned must require all Subcontract Agreements to contain specific language in reference to the requirements for Subcontractors and/or Purchasers regarding debarment, exclusion, suspension, anti -collusion, drug -free workplace, and applicable Buy American Provisions. The undersigned assures that no award (subgrant or contract) at any tier will be made to any party which is not registered with the System for Award Management at www_sam.gov. Conflict of Interest. The undersigned hereby certifies and assures that it will establish safeguards to prohibit employees from using their positions fora purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Lead -Based Paint. The undersigned hereby certifies and assures that it will comply with the Lead -Based Paint Poisoning Prevention Act (42 U_S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residencestructures; in accordance with HUD Lead -Based Paint Regulations 24 CFR 570.608 and 24 CFR Part 35 (Subpart B). Fair and Equal Employment Opportunity. The. undersigned agrees that it shall utilize the principles provided in President's Executive Order 11246 of September 24, 1965. Women/Minority Business Enterprise. In accordance with state law, the undersigned agrees to assist Historically Underutilized Businesses (HUBs) whenever possible when providing goods and services. The undersignedalso agrees that it shall put forth identifiable efforts to afford minority- and women -owned business enterprises the maximum practicable opportunity to participate in the. performance of this contract. As used in these Certifications and Assurances, the term "minority and women business enterprise" means a -business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian Americans, and American Jndians. EEO/AA Statement. The undersigned will, in all applicable solicitations or advertisements for employees placed by it or on its behalf, state that it is an Equal Opportunity Employer. Nondiscrimination. The undersigned hereby certifies and assures that it will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (PI. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (I) the requirements of any other nondiscrimination statue(s) which may apply to the application. Hatch Act Compliance. The undersigned hereby certifies and assures that it will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328), including its most recent and current amendments and revisions, which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Flood insurance. The undersigned hereby certifies and assures that it will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost. of insurable construction and acquisition is $10,000 or more. Compliance with Environmental Standards. The undersigned hereby certifies and assures that it will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C, §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). The undersigned certifies and assures to the aforementioned in accordance with HUD Environmental Review Procedures (24 CFR Part 58). Historic Preservation, Conservation and Wildlife Protection. The undersigned agrees to assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C.. §470), EO 11593 (identification and protection of historic properties). The undersigned certifies and agrees to comply with the requirements of the Endangered Species Act of 1973 as listed in 50 C.F.R. 17.11 and 50 C.F.R. Part 451; the Lacey Act (18 U.S.C. 42); the Migratory Bird Treaty Act (16 U.S.C. 703-12); the Fish and Wildlife Coordination Act (16 U.S.C. 661-667e); Section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f); the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451); and the Safe Drinking Water Act of 1974 (42 U.S.C. 300f to j-10), insofar as they apply to the performance of this Agreement. General Compliance with Federal Regulations. The undersigned hereby certifies and assures that 'twill comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program; specifically, 2 CFR Part 200 and 24 CFR 570: Administrative Guidelines. OMB Circular A-110, and 24 CFR Part 84; Cost Principles. 2 CFR Part 215, Cost Principles for "Non Profit" 501(c)3 organizations Audit Requirements. OMB Circular A 133, Audits of States, Local Governments, and Non -Profit Organizations Other Requirements. • 2 CFR Part 25, Universal Identifier and Central Contractor Regisfra tion • 2 CFR Part 170, Reporting Subawards and Executive Compensation • 2 CFR Part 175, Award Term for Trafficking in Persons (applicable to private entity sub - recipients) • 2 CFR Part 1400, Government -wide Debarment and Suspension (Non -procurement) • 2 CFR Part 1401, Requirements for Drug -Free Workplace (Financial Assistance) • 41 USC §6306, Prohibition on Members of Congress Making Contracts with Federal Government: No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public's general benefit. • Executive Order 13513, Federal 'Leadership on Reducing Text Messaging while Driving: Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives, of °the type described in section 3(a) of the order. Religious Organizations. The undersigned agrees that funds provided under this Agreement will be utilized in a manner consistent with that which is outlined in 24 CFR 570.200(j). Financial support of secular religious activities, promotion of secular religious interests, or the financial benefit of a religious organization in accordance with federal regulations are all specifically prohibited uses of federal funds. Only non -secular program activity costs shall be supported by this Agreement, and in accordance with federal regulations. Whistleblower Protection. All employees working under this Agreement are subject to the whistleblower rights and remedies in the Pilot Program for Enhancement of Recipient and Subrecipient Employee Whistleblower Protection, established at41 U.S.C_ 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). The undersigned shall inform its employees in writing, in the predominate language of its workforce, of employee whistleblower rights and protections under 41 U.S.0 4712. Trafficking. The undersigned hereby certifies and assures that it will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U_S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or sub - awards under the award. Debarment, Suspension, Ineligibility and Voluntary Exclusion. As required by 'executive Order 12549, Debarment and Suspension, and implemented at 24 CFR 570.609, participants responsibilities, for prospective participants in lower tier covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the sub -tier recipient will have a critical influence on or substantive control over the award), as defined at 24 CFR 570.609 — (1) The prospective lower tier participant certifies, by signing this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal, Labor Standards and Wages. The undersigned agrees to cause any and all subcontractors or other sub -tiers that receive federal funds under this agreement to use prevailing local wages, as applicable, for all construction projects over $2,000, and to abide by Chapter 11 of Title 18 of the U.S. Code (18 U.S.C. 201-224), which prohibitsa number of criminal activities, including bribery, graft and conflict of interest. Lobbying. As required by Section 1352, Title 31 of the U.S.. Code, and implemented at 24 CFR Part 87, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 24 CFR Part 87, the applicant has certified that to the best of his or her knowledge and belief, 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 any agency, 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 havebeen 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 that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure: Copeland Anti -Kickback Act. All contracts and sub -grants in excess of $100,000 for construction or repair awarded by recipients and subrecipients shall comply with . the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The undersigned shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency (18 U.S.C. 874 and 40 U.S.C. 276c). False Claims. The undersigned agrees to abide by 18 U.S.C. 286, which provides for conspiracy to defraud the Federal Government with Respect to Claims. In addition, the undersigned will also abide by the False Claims Act (31 U.S.C. 3729 et seq.); 18 U.S.C. 287 relating to False, Fictitious and Fraudulent Claims; 18 U.S.C. 245 Federally Protected Activities; 18 U.S.C. 1001 regarding General Statements or Entries; the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812); the Federal Claims Collection Act of 1966 (31 U.S.C. 952) as amended by the Derby Collection Act of 1982; the Meritorious Claims Act (31 U.S.C. 3702); the Tucker Act (28 U.S.C. 1346, 1491, and 2501); the Wunderlich Act (41 U.S.C. 321-322); the Anti - Deficiency Act (31 U.S.C. 1341); and Section 208(a) of the Intergovernmental Personnel Act of 1970, as amended. Statement for Loan Guarantees and Loan Insurance. The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing orattemptingto 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.. Code. Any person who fails to file the required statement shall be. subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the prime contractor, subcontractor, subrecipient andfor other sub -award entity, I hereby certify and assure that the entity l represent as stated below will comply with the above applicable. certifications and assurances. PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE .Z "c1C-ac_tso." OGv h et,,,_ SIGNATURE OF AU -RIZED REPRESENTATIVE OFFICIAL PROJECT NAME/IDENTIFIER e A��RCERTIFICATE OF LIABILITY INSURANCE DAI E(MM/DD/YVVY) 07/17/19 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER DIVERSIFIED PROPERTY & CASUALTY 10101 SW Fwy St 400 Houston, TX 77074 685645 CONTACTRobert James NAME; PIIONE \ (713) 774-6863 ' FAX 713-559-1075 iA/C No Fxtl' (NC, NO: E-MAIL Insuranceinfo@dlc-insurance.com A9Df2ES:;: INSURER(S) AFFORDING COVERAGE NAIC#i INSURER A: Security National Insurance INSURED Circle Friends Construction Services 13831 Rosemere Houston, TX 77047 (832) 368-8188 INSURER LI: Texas . Mutual Ins. Co INSURERC: National Liability & Fire 29203 'INSURER D: INSURER E: INSURER F: COVERAGES • CERTIFICATE. NUMBER: REVISION NUMBER: TIC'S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TI IF: INSURFD NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ' NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OH O1'HEFi DOCUM EN WIF H RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HCREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 149R LTR • TYPE OF INSURANCE AWL MD SDliM WW1 POLICYNUMBER POI ICY FEE IMM/DDIYYYV) POLICY EXP jMM/OD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y NA110795904 04/23/2019 04/23/2020 FACIE OCCURRENCE S 1,000,000 S 100,000 1 CLAIMS -MADE 133 OCCUR OAMMIS IO a n urr F'RE'l ISES #Ea nccurronrn) MEOF:XP(Anyenepe%Sea) S 5,000 w-- PERSONAL 6ADVINJURY S 1,000,000 GGEEN"L �1 ^�1 AGGREGATE LIMIT APPLIES POLICY D JECT OTHER: PER: i.00 GENERAL AGGF4EGAME $ 1,000;000 F'RODUOrs-COMP/CPAGG S 1, 000,000 S C 'AUfOMOBILELIABILITY h.-- .— ,• X ANrAI ro ALL OWNED AUTOS I ABED AUTOS R ?L SCHEDULED AUTOS NON -OWNED Al TOS Y Y 73APR375797 - 04/23/2T' 9 04/23/2020 COMRINEDSINGLE LIMIT rEa arridentl S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (F'eracc'denl S PROPERTY DAMAGE (Fer 20010 , l S S 1/4.—.—_ UMBRELLA LIAR EXCESS LIAR r� OCCUR- CLAIM; -MADE FACH OCCURRENCE S AGGREGATE S - $ DED l IRETENTION S B 2xERS COME.N PSA'rION WOPT/ AND EMPLOYERS' I.IAFI!JTY ANY PROPRIETOR/PARTNER/EXECUTIVE0001286639 n1 GFF:CER.TAEM3ER EXCLUDED? (Mandatory In NH) If yes, describe under • DF$rR1PTIONOF• OPERATIONS ham- N/A Y 04/25/2019 - 04/25/2020 'UTE OTII- X IS'fATl ER E.L. EACH ACCIU=N 5 S 1 000 000 ' E.L. DISEASE - FA EMPLOYIE +ii DOO OOO $ 1 r i E.L. DISFASE-POLICYLIMI'I 1 000,000 $ r DESCRIPTION DE OPERATIONS ILOCA1 IDNS / VEHICLES (ACORD 101, Additional llama's Schal010,may be attau:edi` more spacr': ooirod) Certificate Holder listed on blanket basis as required by written contract. CERTIFICATE HOLDER 1 City of Pearland 3523 Liberty Dr Pearland TX 77581 •CANCELLATION SHOUL ANY OF r HE ABOVE DESCRIBED POLICIES THE PIRATION DATE THEREOF, NOTICE ACC DANCE WI rH THE POLICY PR041SIONS. (EPi2Eatrr ITATIVF FJCELLED BEFORE ' DELIVERED IN ACORD 25 (2014/01) b 1988-2014 OD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EA Line Item Description PRICING OMPARIS • N W • R. • Single FMamii(Y Nw'I n'"er amtped. Heeasing Re a -Circle Friends Construction Services UOM Best and Final Offer Q-I y (BAFO) Extended All Things Commercial, LLC. Unit Extended LOCATION: PLANTATION CT 100 $ 8.00 $. 800.00 $ 7.50 $ 750.00 install Flooring - Vinyl Wood Plank SF EA Replace Toilet Replace Toilet Replace Vanity - 84" double sink EA Replace Vanity - 60" single sink EA EA Replace Ceiling Fan - 52" Replace Fluorescent Light - 48" two bulb Replace Door Threshold EA EA EA Replace Exterior Security Light Replace Fluorescent Light - 48" two bulb Repair Water Heater Vent Stack Replace Wood Panel Siding Replace Soffit/Fascia Boards - 1x6 wl gutters EA EA EA SF LF 1 400.00 $ 400.00 $ .486.00 1 $ 400.00 $ 400.00 $ .486.00. $ 1 $ 1,800.00 $ 1,800.00. $ 2,600.00 $ 2,600.00 $ 1,200.00 $ 1,200.00 $ 2,039.00 $ 2,039.00 1 $ 200:00 $ 200.00 $ 324.00 $ 324.00 486.00 1 1 $ 225.00 $ 1 1 $ 150.00 $ $ 400.00 $ 2 $ 200.00 $ 1 40 486.00 225.00 $ 170.00 $ 170.00 150.00 $ 288.00 $ 288.00 400.00 $ 181.00 $ 181.00 400.00 $ 170.50 $ 341.00 $ 200.00 $ 200.00 •I J BID ENO B'ID $ 4.00 $ 160.00 $ 10.75 $ 430.00 8 $ 15.00 $ 120.00 $ 19.00 $ 152.00 Replace Exterior Door - Wooden Door Replace Exterior Door - Metal EA EA Replace Window- 70" x 70" Replace security light - Single bulb EA EA Replace security light -Single bulb Replace Wood Panel Siding Replace 1x4 Wood Trim Boards - Exterior Replace Fascia Boards - 1" x 6" w/ gutters Repair Flashing - at Chimney Replace Fluorescent Light - 48" two bulb. Drywall Repair - 112" w/ existing material Replace Fluorescent Light - 48" two bulb Drywall Repair -1 /2" w/ existing material Replace Exterior Door - Metal SF LF LF LF EA SF EA SF EA 1 $ 1,200.00 $ 1,200.00 $ 684.00 $ $ 800.00 $ $ 1,100.00 $ 1,100.00 %IO ,�'BI[3 800.00 $ 734.00 $. 684.00 734.00 $ 400.00 $ 400.00 $ 181.00 $ 181.00 1 $ 400.00 $ 400.00 $ 181.00 $ 181.00 240 $ 4.00 $ 960.00 $ 10.75 $ 2,580.00 75 $ 15.00 $ 1,125.00 .$ 7:00 $ 525.00 50 $ 15.00 $ 20 $ 750.00 $ 19.00 $ 950.00 10.00 $ 200.00 $ 8.85 $ 1 $ 225.00 $ 160 $ 177.00 225.00 $ 170.50 $ 170.50 5.00 $ 800.00 $ 7.50 $ 1,200.00 1 $ 225.00 $ 60 $ 5.00 $ 1 $ 800.00 $ LOCATION: PEACH CT Replace Sliding Door 72" x 80" EA 1 $ 1,400.00 $ 1,400.00 $ 1,975.00 $ 1,975.00 Drywall Repair - 1/2" w/o existing material Replace Vanity - 60" single sink I EA Replace Fascia Boards - 1" x 6" w/o 225.00 $ 149.50 $ 300.00 $ 7.50 $ 800.00 $ 734.00 $ 149,50 450.00 734.00 SF 1200 $ 4.00 $ 4,800.00 LF 1 $ 1,200.00 $ $ 7.00 $ 8,400.00 1,200.00 $ 2,039.00 $ 2,039.00 150 $ 15.00 $ 2,250.00 $ 8.00 $ 1,200.00 gutters Replace Eave Strips - 1" x 2" LF 150 10.00 $ 1,500.00 $ 7.00 $ 1,050.00Page 12 of 22 Description UOM QTY Best and Final Offer (BAFO) Extended Unit Extended Replace Soffit Board - 12" Vented LF 10 $ 15.00 $ . 150.00 $ 12.00 $ 120.00 Install Flooring - Vinyl Wood Plank SF 1100 $ 8.00 $ 8,800.00 $ 7.50 $ 8,250.00 Wiring Repair - Re -wire switch LF 20 $ 15.00 $ 300.00 $ 15.00 $ 300.00 LOCATION: SLEEPY HOLLOW DR Install Walk-in Shower Kit - 36" x36" Acrylic EA 1 $ 2,900.00 $ 2,900.00 $ 1,200.00 $ 1,200.00 Install Toilet EA 1 $ 400.00 $ 400.00 $ 486.00 $ 486.00 Install Door Casing Trim and Hardware LF 30 $ 8.00 $ 240.00 $ 7.00 $ 210.00 Replace Fascia Boards - 1" x 8" wlo gutters LF 175 $ 15.00 $ 2,625.00 $ 7.00 $ 1,225.00 Replace Fascia Boards - 1" x 6" w/o gutters LF 175 $ 15.00 $ 2,625.00 $ 8.00 $ 1,400.00 Replace Eave Strips - 1" x 2" LF 350 $ 10.00 $ 3,500.00 $ 7.00 $ 2,450.00 Replace Gutters - 4" Metal, 5 downspouts LF 150 $ 20.00 $ 3,000.00 $ 6.00 $ 900.00 Replace Siding - 4' x 8' sheet SF 300 $ 15.00 $ 4,500.00 $ 10.75 $ 3,225.00 Repair Flashing - at 2 Chimneys LF 40 $ 10.00 .$ 400.00 $ 8.85 $ 354.00 Replace Light Fixture - Canister EA 1 $ 200.00 $ = 200.00 $ 85.00 $ 85.00 Install Vent/Light Combo EA 1 $ 450.00 $ 450.00 $ 157.50 $ 157.50 Re -Wire Switch - Rewire switch LF 20 $ 15.00 $ 300.00 $ 15.00 $ 300.00 Replace Wall Mount Lights - Exterior EA 2 $ 200.00 $ 400.00 $ 120.00 $ 240.00 Debris Removal -Existing Construction CU. YD. 15 $ 25.00 $ 375.00 $ 58, 205.00 $ 85.00 $ 1,275.00 $ 53, 999.50 N o -'°° Sa p e CO ghl21 MGM 3 o ulled fro corn o le ilafl pro'ects gap co . pa Ise Gf2 submit ed 0 o prieiM.,af hing Co Strucdio submi fed 6 `MD LIU O i ill2Edij so e ClitAPIA @ `L1 EXD ore commo repel lye repai s throug.,J 89 p og am a? gib, allflia Page 13 of 22