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R2024-067 2024-04-22RESOLUTION NO. R2024-67 A Resolution of the City Council of the City of Pearland, Texas, amending a contract associated with the Community Development Block Grant Program (B-18-MC-48-0400), for minor repairs and rehabilitation to single family owner-occupied homes of low-moderate income Pearland residents, to Circle Friends Construction, in the estimated amount of $116,000.00 (total contract amount of $221,000.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That a bid was previously awarded to Circle Friends Construction, in the amount of $185,000.00. Section 2. That the City Manager or his designee is hereby authorized to execute an amended contract with Circle Friends Construction for Single Family Owner-Occupied Home minor repairs and rehabilitation. PASSED, APPROVED and ADOPTED this the 22nd day of April, A.D., 2024. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: F25E1A52-F3F8-41AE-893A-162395EB8E28 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 City of Pearland 3519 Liberty Drive Pearland, TX 77581 1st Amended GENERAL SERVICES CONTRACT NO. 2024-67 Housing Repair Program — Home Repairs (CDBG) THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation ("City") and Contractor ("Contractor"), as follows: Contractor: Circle Friends Construction Description of Services: Home Repairs Contract Amount: $221,000.00 Effective Date: 10/1/2023 End Date: 9/30/2024 Renewals: Per Contract, this is the 2nd renewal, with no additional renewals remaining Resolution No/Bid No: R2024-67 ADDITIONAL CONTRACT DOCUMENTS: 1. Attachment A: Scope of Work 2. Attachment B: Pricing Schedule 3. Attachment C: Insurance and Bond Requirements DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 CONTRACT FOR GENERAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Circle Friends Construction ("CONTRACTOR"). The CITY engages the CONTRACTOR to perform professional services for a project known and described as CDBG Home Repair Program, with the potential for additional, eligible, similarly -situated scope of work and costs to be added if applicable. SECTION I - SERVICES OF THE CONTRACTOR The CONTRACTOR shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONTRACTOR shall provide General Residential Repairs and Minor Home Rehabilitation Services, primarily for the Community Development Block Grant (CDBG) Program. The work will be comprehensive in nature and will support achieving the overall goal of administering home repairs for low -moderate income owner -occupied residences in accordance with grant -funding requirements set forth by the U.S. Department of Housing & Urban Development (HUD) See Attachment A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. B. The CONTRACTOR shall also conduct its business in accordance with HUD -applicable regulations in 24 CFR 570 and all of the conditions set forth therein, unless otherwise negotiated and agreed upon herein. C. The CONTRACTOR acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or CONTRACTORs, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONTRACTOR agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONTRACTOR shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONTRACTOR recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONTRACTOR under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONTRACTOR shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and 2 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 omissions relating to the performance of any work by the CONTRACTOR, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONTRACTOR shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. The CONTRACTOR shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONTRACTOR shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONTRACTOR'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. Attachment C provides an overview of insurance requirements. G. The CONTRACTOR shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONTRACTOR is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONTRACTOR, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONTRACTOR, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONTRACTOR is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end September 30, 2024. 3 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 SECTION III - CONTRACTOR'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B and shall be subject to the budget specifications outlined in Attachment B. B. The CITY shall pay the CONTRACTOR in installments based upon completed, approved scope of work progress and detailed, City -approved invoices submitted by the CONTRACTOR based upon the following: Total and Basic Services $221,000.00 C. The CITY shall make payments to the CONTRACTOR within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D. CONTRACTOR shall invoice for work performed during the preceding thirty -day period ("Billing Period"). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY upon the certified completion of specific home repair program activities. CONTRACTOR shall be responsible for timely submittal of all invoices and CONTRACTOR shall not be entitled to payment for invoices excessively in arrears. E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable" the CONTRACTOR shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONTRACTOR shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONTRACTOR shall be responsible for ensuring that such authorization is complete and executed by all parties prior to performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. F. Allowable Reimbursable Expenses No cost -reimbursement allowances are included in this agreement. Scope and costs are limited to the CONTRACTOR's work and compensation as agreed upon herein, as noted in Attachment A and Attachment B. SECTION IV - THE CITY'S RESPONSIBILITIES H. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. I. The CITY shall review submittals by the CONTRACTOR and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONTRACTOR'S work. The CITY will keep the CONTRACTOR advised concerning the progress of the CITY'S review of the work. The CONTRACTOR agrees that the CITY'S inspection, review, acceptance or approval of CONTRACTOR'S work shall not relieve CONTRACTOR'S responsibility for errors or omissions of the CONTRACTOR or its sub-CONTRACTOR(s) or in any way affect the CONTRACTOR' S status as an independent contractor of the CITY. 4 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONTRACTOR personally or by certified mail at 13831 Rosemere Lane, Houston TX 77047 Immediately after receiving such written notice, the CONTRACTOR shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONTRACTOR shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONTRACTOR under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONTRACTOR shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONTRACTOR has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONTRACTOR under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONTRACTOR based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONTRACTOR. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONTRACTOR and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI — ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII — COVENANT AGAINST CONTINGENT FEES The CONTRACTOR affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR to solicit or secure this CONTRACT, and that he has 5 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII — FEDERAL UNIFORM REQUIREMENTS Equal Opportunity Per federal regulations in 41 CFR Part 60-1.4(C)(b), during the performance of this contract, the CONTRACTOR: (1) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 6 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 (7) The CONTRACTOR will include the option of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor 01' vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States." Davis -Bacon Act Not Applicable for Non -Construction Copeland "Anti -Kickback" Act (1) CONTRACTOR. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal government may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONTRACTOR and subcontractor as provided in 29 C.F.R. § 5.12." Contract Work Hours and Safety Standards Act Applicability: This requirement applies to all federal grant and cooperative agreement programs. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity in excess of $1 00,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E. Under 40 U.S.C. § 3702, each CONTRACTOR must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. The CONTRACTOR nor subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City of Pearland upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime CONTRACTOR, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement. If the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of patties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non -Federal entity must comply with the requirements of 24 CFR Part 85 and any implementing regulations issued by HUD. Debarment and Suspension. Applicability: This requirement applies to all federal grant and cooperative agreement programs. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and 8 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non -procurement Debarment and Suspension). These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, § I; and Chapter N, § 6.d and Appendix C, § 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of patties debarred, suspended, or otherwise excluded by agencies, as well as patties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV, § 6.d and Appendix C, § 2. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes patties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any non -procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non -procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. Specifically, a covered transaction includes the following contracts for goods or services: (I) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of the awarding federal agency, regardless of amount. (3) The contract is for federally -required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either federal approval, or is in excess of $25,000. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) 01' disqualified (defined at 2 C.F.R. § 180.935). The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by Circle Friends Construction. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Texas Division of Emergency Management (TDEM) and/or the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 9 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 Byrd Anti -Lobbying Amendment. Applicability: This requirement applies to all federal grant and cooperative agreement programs. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, § J; 44 C.F.R. Part 18; Chapter N, 6.c; Appendix C, § 4. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. See Chapter IV, § 6.c and Appendix C, § 4. Per the Byrd Anti -Lobbying Amendment. 31 U.S.C. § 1352 (as amended), should the CONTRACTOR bid for an award of $100,000 or more, the CONTRACTOR shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Certification Regarding Lobbying The undersigned CONTRACTOR certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require the language of this certification be included in agreements for all subawards and tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any 10 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONTRACTOR, Circle Friends Construction, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of C RACTOR's Authorized Official Perch 7�,des'o,,• ew h t, Printed Name and Title of CO CTOR's Authorized Official Procurement of Recovered Materials. yzsoL� Z Dat Applicability: This requirement applies to all federal grant and cooperative agreement programs. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, § K; 2 C.F.R. § 200.322; Chapter V, § 7. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of II competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price. Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, htlp://www.epa.gov/cpg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/prodticls.htm. Additional Federal Requirements. The Uniform Rules authorize the federal government to require additional provisions for non -Federal entity contracts. Pursuant to this authority, the following are required: 11 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 Changes. To be eligible for federal assistance under the non -Federal entity's grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. It is recommended, therefore, that a non -Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end -item procured. Access to Records. The following access to records requirements apply to this contract: (1) The contractor agrees to the City of Pearland, U.S. Department of Housing & Urban Development, the Comptroller General of the United States, and the Secretary of the U.S. Treasury, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the federal government or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." Seals, Logos, and Flags. The CONTRACTOR shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of any federal, State or local agency without specific pre -approval from any such agency; particularly, as it relates to DHS Standard Terms and Conditions, v 3.0, § XXV (2013). Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, federal policies, procedures, and directives. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other patty pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 12 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 SECTION IX — HUD/GLO COMMUNITY DEVELOPMENT BLOCK GRANT A. HUD National Objectives: The CONTRACTOR shall complete activities herein in such a manner to help the City meet community development needs having a particular urgency, as defined in 24 CFR 570.208. B. GENERAL COMPLIANCE: The CONTRACTOR agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart J and subpart K of these regulations, except that (1) the CONTRACTOR does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the CONTRACTOR does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The CONTRACTOR also agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this Agreement. The CONTRACTOR further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The CONTRACTOR shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG Program. The applicable laws and regulations include, but are not limited to: • 2 CFR Part 200 • 24 CFR Part 570; • 24 CFR Parts 84 and 85; ■ The Davis -Bacon Fair Labor Standards Act; • The Contract Work Hours and Safety Standards Act of 1962; • Copeland "Anti -Kickback" Act of 1934; ■ Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA); • Title VI of the Civil Rights Act of 1964; (Public Law 88-352 implemented in 24 CFR Part 1) • Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (Public Law 90-234 and Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107); • Sections 104(b) and 109 of the Housing and Community Development Act of 1974; • Section 3 of the Housing and Urban Development Act of 1968; • Equal employment opportunity and minority business enterprise regulations established in 2 C.F.R. Part 200, Appendix II, ¶ C and24 CFR part 570.904; • Non-discrimination in employment, established by Executive Order 11246 (as amended by Executive Orders 11375 and 12086); • Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility; ■ The Architectural Barriers Act of 1968; • The Americans With Disabilities Act (ADA) of 1990; • The Age Discrimination Act of 1975, as amended; ■ National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended; • Lead Based paint regulations established in 24 CFR Parts 35, 570.608, and 24 CFR 982.401; 13 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 ■ Asbestos guidelines established in CPD Notice 90-44; ■ HUD Environmental Criteria and Standards (24 CFR Part 51); ■ The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; ■ Historic Preservation Act of 1966, as amended, and related laws and Executive Orders; ■ Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq.); ■ Flood Disaster Protection Act of 1973. C. RELOCATION, REAL PROPERTY ACQUISITION AND "1-FOR-1:" The CONTRACTOR agrees to comply with (1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (2) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (3) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Grantee may, however, preempt the optional policies. The CONTRACTOR shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The CONTRACTOR also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. Displacement of persons (including families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged. D. LAND COVENANTS: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the CONTRACTOR shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The CONTRACTOR, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. E. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES: The CONTRACTOR shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under CDBG program after December 11, 1995 and that meets the definition of a "residential structure" as defined in 24 CFR Part 40.2 or the definition of a "building" as defined in 41 CFR Part 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards. The Americans with Disabilities Act ("ADA') (42 USC 12131; 47 USC 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. 14 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 F. SECTION 3 COMPLIANCE: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued thereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CONTRACTOR and any of the CONTRACTOR'S subcontractors. Failure to fulfill these requirements shall subject the CONTRACTOR and any of the CONTRACTOR'S subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The CONTRACTOR certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The CONTRACTOR further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The CONTRACTOR further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The CONTRACTOR further agrees to award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The CONTRACTOR certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. SECTION X — SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. SECTION XI — ENTIRE AGREEMENT 15 DocuSign Envelope ID: 7EB13FBB-71DC-4157-87AF-ABD5459AAE17 This CONTRACT constitutes the entire agreement between the CITY and the CONTRACTOR for the use of funds received under this CONTRACT and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and the CONTRACTOR with respect to this CONTRACT. SECTION XII — NO THIRD -PARTY BENEFICIARIES Except as expressly provided otherwise, this CONTRACT is intended to be solely for the benefit of the parties and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy, claim, cause or action or other right. SECTION XII — GOVERNING LAW AND JURISDICTION This CONTRACT shall be construed in accordance with the laws of the State of Texas. In the event of any dispute over the Agreement's terms and conditions, the exclusive venue and jurisdiction for any litigation arising thereunder shall be in the District Court of Brazoria County, and, if necessary for exclusive federal questions, the United States District Court for the District of Texas. IN WITNESS WHEREOF, the Parties have executed this CONTRACT as of the date of the most recent signatory. City of Pearland Trent Epperson, City Manager Authorized Official AocuSigned by: Lst%—t—-%� f 4/23/2024 4:08 PM CDT GIVRIVRE DATE Contractor Derek Jackson, Principle Y ZWL DATE 16 DocuSign Envelope ID:7EB13FSB-71DC-4157-87AF-ABD5459AAE17 House Bill 89 Verification 1, Pettit cisor✓ (Person name), the undersigned representative (hereafter referred to as `Representative") of 2 rclt i evis' Con 3.e. Si ves (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. SIGNAT;�.i0/ �' OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 . Notary Public 17 DocuSign Envelope ID: 7EB13FBB-71DC-4157-87AF-ABD5459AAE17 ATTACHMENT A — SCOPE OF WORK The Scope of Work shall be limited to the eligible, authorized repairs to damaged residential property within the City of Pearland, as ordered and approved by the City of Pearland, and within the parameters of the City of Pearland Home Repair Program Guidelines (attached immediately hereafter). The Scope of Work in total shall not exceed the contract value unless otherwise authorized by the City of Pearland, and each individual residential repair activity shall be limited to the amount authorized, per project, by the City of Pearland. 18 DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 ATTACHMENT B — PRICING SCHEDULE Pricing is to be based on the potential costs per escalating and/or declining consumer pricing index for all goods, minus food and energy, non -seasonal costs. The base costs are provided as part of the original contract bid in FY 2019, unaffected in FY 20 and FY 21 due to the Coronavirus pandemic and no program activity, but resuming in FY 22 and now updated to the FY 23 calculation. The calculative amount of any increase or decrease in annual price, per item, is based on the static calculation made immediately prior to the adoption/execution of the Agreement (September of each year). The formula for calculating CPI impact is as follows: Current CPI (-) Prior CPI to obtain the index point change 297.178 minus 279.507 = 17.671 Divided by Prior CPI 17.671/279.507 Equals 0.06322203 Result multiplied by 100 0.06322203 X 100 Equals percent change 6.322203022% Each bid item from the original procurement and contract (FY 2019) will be recalculated by the prior year cost basis for each item and the percent change, to get the new cost basis. For example Line Items FY 19 Basis Final FY Prior FY 23 Cost Projected Cost 23 CPI Basis CPI Basis FY 24 Line Description Note to Bidder UOM QTY Unit Prior CPI Diff Prior Unit Cost 1.18 Gutters 4" width Metal LF 1 $ 20.00 1.0632 $ 22.97 1.0435 $ 23.97 Based on the aforementioned example, the prior unit cost for replacing a 4" gutter per linear foot increases from $22.97 in FY 22 to $23.97 in FY 24. DocuSign Envelope ID: 7EB13FBB-71 DC-4157-87AF-ABD5459AAE17 ATTACHMENT C — INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Workers' Compensation Employers' Liability Statutory Limits $100,000 per occurrence City to be provided a WAIVER OF SUBROGATION and 30-day notice of cancellation or material change in coverage. City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage. City shall be provided 30-day notice of cancellation or material change in coverage. 2. Commercial General (Public) Liability to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $1,000,000 3. Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 CERTIFICATE OF INSURANCE FORMS AND OTHER APPLICABLE INSURANCE DOCUMENTATION MUST BE SENT TO THE CITY'S PURCHASING DEPARTMENT AT, and in the FOLLOWING MANNER: PURCHASING OFFICER CIO — CONTRACT ADMINISTRATION RE: VENDOR INSURANCE REQUIREMENTS CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND TX 77581 20