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CM-2019-0321 - 10/18/2019COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION HOMEOWNER AGREEMENT This CDBG Commr� ty, Housing Re r and Rehabilitation Homeowner Agreement (Agreement), is made this _CCI— day of rC2019. between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas (CITY), and Walter A. Moore and Wanda J. Moore, whose address is 2001 Buckeye Lane, Round Rock, Texas, 78664 (HOMEOWNERS). RECITALS WHEREAS, the CITY has been awarded grant Funds which may be spent by the CITY For the provision of certain services authorized under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a grant to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, HOMEOWNER has qualified for the rehabilitation of LOT thirty-five (35), Block F, THE MEADOWS AT CHANDLER CREEK, Section Four, a Subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet G, Slide 187, Plat Records of Williamson County, Texas, also known as 2001 Buckeye Lane. Round Rock, Texas 78664. as specified in the Work Write -Up Bid Document, attached hereto and incorporated herein as Exhibit +A„ NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. the CITY and HOMEOWNER agree as follows: ARTICLE I GENERAL REQUIREMENTS 1.1 CITY will pay a contractor, by separate agreement attached hereto and incorporated herein as Exhibit "C" (Contractor's Agreement). $24,879, (Contract Price) for labor. materials and equipment utilized in the rehabilitation of HOMEOWNER's above -referenced property, as specified in the Work Write -Up Bid Document. Funds will not be used to pay HOMEOWNER or members of its family. 1.2 The Contract Price and any approved change orders will not total more than $31,098.75. ARTICLE 2 HOMEOWNER'S RESPONSIBILITIES 2.1 HOMEOWNER has qualified for a grant under the Low to Moderate Income guidelines as set forth in Section 8, Income Limits established and amended annually by HUD, attached hereto and incorporated herein as Exhibit "B". 149393.docljmr 64V-Z()1q-0321 2.2 HOMEOWNER has resided in and been the owner(s) of the residence to be rehabilitated for at least one (1) year prior to the submission of its application. 2.3 The residence to be rehabilitated is not located in a flood zone area as defined in CITY's Flood Insurance Map. produced by the Federal Emergency Management Agency, or if it is located in a flood zone, HOMEOWNER has sufficient flood insurance, which HOMEOWNER will keep current for at least five (5) years after receiving the award. 2.4 All property taxes on the property are paid up to date, including CITY, County and applicable School District Taxes. 2.5 The residence is not under a Contract for Deed, or any similar purchase agreement, in which HOMEOWNER does not obtain legal title until final payment is made. HOMEOWNER has not received HUD Program assistance for the preceding five (5) years. 2.6 HOMEOWNER understands and agrees that the work performed by contractor will be inspected by the Construction Advisor, as defined in the City of Round Rock Housing Repair and Rehabilitation Program Policies and Procedures, and a City Inspector before any funds are paid out and the rehabilitation is completed. ARTICLE 3 OTHER PROGRAM REQUIREMENTS 3.1 DISCRIMINATION. HOMEOWNER will not exclude any person from participation in, deny the benefits of or subject the person to discrimination under any of the contractor's activities while receiving federal financial assistance on the grounds of race, color, religion, sex, national origin. age or disability. 3.2 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of CITY, or its designees or agents, no member of the City Council, and no other public official of CITY during his/her tenure or for one (1) year thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 3.3 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement will not be used in payment of any bonus or commission for the purpose of obtaining CITY approval of the application for such assistance. 3.4 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 2. 3.5 INDEMNIFICATION. HOMEOWNER will defend, indemnify, and hold CITY, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from this Agreement, no matter how, or to whom, such loss may occur. Nothing herein will be deemed to limit the rights of CITY or HOMEOWNER (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 3.6 CHANGE ORDERS. HOMEOWNER expressly agrees that no material changes or alterations in the Work Write -Up Bid Document or Contract Price provided above will be made unless in writing. mutually agreed to by HOMEOWNER and the CONTRACTOR. and authorized by CITY. 3.7 TERMS. All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. For the purposes of this Agreement the term "will" is mandatory. 3.8 SEVERABILITY. Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 3.9 PUBLIC INFORMATION ACT. The City of Round Rock is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. ARTICLE 4 SUSPENSION AND TERMINATION 4.1 If HOMEOWNER fails to fulfill in a timely and proper manner their obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then HOMEOWNER will have ten (10) days from the date it receives written notice from CITY directing it to cure or correct the defects or failures to comply. Should HOMEOWNER fail to make corrections as directed by CITY, and such breach of contract results in a violation of federal law or regulation for which CITY receives a demand of reimbursement of grant funds from HUD or its successor, CITY may terminate this Agreement immediately, and may recover from HOMEOWNER the amount sought by HUD for reimbursement, up to the full amount of the award. 4.2 HOMEOWNER will not be relieved of the liability to the CITY for damages sustained by CITY by virtue of any breach of this Agreement by HOMEOWNER. 4.3 If CITY becomes aware of any HOMEOWNER activity which could jeopardize CITY's position with HUD and cause CITY to return CDBG funds or other federal funds received by CITY, CITY may take appropriate action, including injunctive relief against HOMEOWNER, to terminate or prevent the activity. Failure of CITY to exercise this 3. right will not constitute a waiver by CITY of its right to demand payment or to seek any other relief in law or in equity to which it may be entitled. ARTICLE 5 ATTORNEY'S FEES 5.1 Any party to this Agreement who prevails in any legal proceedings between the parties regarding this Agreement will be entitled to recover court costs and reasonable attorney's fees from the non -prevailing party. ARTICLE 6 VENUE AND REMEDIES 6.1 This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Williamson County. Texas. ARTICLE 7 SUCCESSORS AND ASSIGNS 7.1 CITY and HOMEOWNER, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of the other party with respect to all covenants of this Agreement. Neither CITY nor HOMEOWNER will assign, sublet. or transfer any interest in this Agreement without the written consent of the other party. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 This Agreement represents the entire and integrated agreement between CITY and HOMEOWNER for the work specified in Exhibit "A" and supersedes all prior negotiations, representations, or agreements either written or oral. This Agreement may be amended only by written instrument signed by CITY and HOMEOWNER. The Agreement contains the following exhibits attached to and incorporated in this Agreement for all purposes: (1) Work Write -Up Bid Document (Exhibit "A") (2) HUD Section 8 Income Limits (Exhibit "B") (3) Contractor's Agreement (Exhibit "C") This Agreement is effective as of the date first written above. HOMEOWNER: Walter A.Moore OaIY4CU >LNz&v 4. CITY: City of Round Rock, Texas ALauriLeHadleyv, ity Manage EXHIBIT "A" WORK WRITE-UP BID DOCUMENT EXHIBIT o z z � 3 y U i Ap o Lf) m LA 0 N rag 00 0c tt ] t o cc 6s 69 calm d d 0 Cp o o c o m t • ['4 ,,pp;j �p 7y LO a_6 l0CCF) Ln CD Gl r IfJ jy rs 69 63 cfi 199 U u .0 L N W LTM W�p W {U4 M wW W V -7 3 C o 4 U of C = N ra `r us� U is th c p o rn ' CL r U C C U O C U ° _ U ;lzp C C G@ M O ep Q1 L c31 n. O E 6, _ �7 m c y _ U N E ca X° c a r= 3 a f° m =� N Al w � 41 'U j N `m ul W c_ m=C o m a) Z�_�� r p3ae�i O_ M =j cM O [p c °CJ3a 3 a L c - CL u, 3 4 W �> 0' vi iu m o' tq °� 3 ° w �r N m° 0 c c CL ck M Q 41 T_] U m m O >- O Y O° ~ C C V (n --e © _ m_�G �,Q 3m o N c m O 0 a 3 o m 3 z CD Cl) C u z Q) :3 > O -0 ° o ° M C3 [) C C w '� 3 m O� o° r- ti e) �° ° _E c _ _ U Q 2 o c M Z Ol r = O io W ^sem 3 U C Q� c M ¢ MG° M 1 cr r O M _ m_ L 3 CL X j- ax 41W02- �� 'D - v ` LLa� c>s `� --rte m r �� M,. � � r � s 0 �, c ° n1 � 4 I— ro W N 3 O U WVT -a _ O J :nCL UJ O O V 11] U rt m o U•-� 7 �4U to >> n' ply o o - m � c� CL CL0 wawa ¢ � � �' (o�a)(1) �, r - @ � U It u 2: c LU E O n V Z in O 01 a' O •• iu d O o C 0.0 O. + �- L 0 0 O' G v m ° . R} Ql gl4 eTi 1 X • i r XK>7 rr �r}i �i' rxl EXHIBIT "B" INCOME LIMITS MAXIMUM INCOME CHART Household Size Maximum Income(80% of the Area Median) 1 person $48,200 2 persons $55,050 $61,950 3 persons 4 persons $68,800 5 persons $74,350 $79,850 $85,850 $90,850 6 persons 7 persons 8 persons Source: U.S. Department of Housing & Urban Development. These income figures are subject to change annually. Effective For Home Re ah• and Rehabililation Pro ram 2019 9 EXHIBIT "C" CONTRACTOR'S AGREEMENT 7. EXHIBIT IL k k COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM CONTRACTOR AGREEMENT This CDBG Community Housing Repair and Rehabilitation Program Contractor Agreement (Agreement), is made this day of , 2019, between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas ("CITY"), and Farnum Enterprises, Inc., dba B&O Construction, 16238 Highway 620, Suite F-405, Austin, Tx 78717 ("CONTRACTOR"). RECITALS WHEREAS, CITY has been awarded grant funds which may be spent by CITY for the provision of certain services authorized under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a grant to pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, CITY will pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation of LOT thirty-five (35), Block F, THE MEADOWS AT CHANDLER CREEK, Section Four, a Subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet G, Slide I87, Plat Records of Williamson County, Texas, also known as 2001 Buckeye Lane, Round Rock, Texas 78664, (the "Property"), as specified in the Work Write -Up Bid Document, attached hereto and incorporated herein as Exhibit "A". Now therefore, for and in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and CONTRACTOR agree as follows: ARTICLE 1 GENERAL REQUIREMENTS 1.1 CITY will pay CONTRACTOR $24,879.00 ("Contract Amount"). Funds will not be used to pay the homeowner or members of its family. 1.2 Payment will be made by CITY for all work described in the Work Write -Up Bid Document after all of such work is found to be satisfactorily completed and inspected by the Construction Advisor, as defined in the City of Round Rock Minor Home Repair Program Policies and Procedures, and the CITY Inspector. CITY will pay CONTRACTOR for work in accordance with CITY'S Prompt Payment Policy, as defined in the City of Round Rock 2019 Community Housing Repair and Rehabilitation Program Policies and Procedures. 1.3 CONTRACTOR will not deviate from the work described in the Work Write -Up Bid Document without a change order from CITY. Any such change order will be included in 148786.doc jmr an amendment to this Agreement. The Contract Amount and any change orders shall not exceed a total amount equal to a twenty-five (25) percent increase in the original Contract Amount. 1.4 The Contract Amount and any approved change orders will not total more than the amount of $31,098.75. 1.5 All work specified in the Work Write -Up Bid Document will be satisfactorily completed within ninety (90) days from the date of the Notice to Proceed. 1.6 Work Write -Up Bid Document Iine item deletions: None ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES 2.1 CONTRACTOR will ensure that all work performed under this Agreement is permitted and inspected by CITY's Building Inspection Division. CONTRACTOR agrees to be duly licensed under CITY ordinances and State laws and be responsible for obtaining the building permit. 2.2 CONTRACTOR understands that it is solely responsible for meeting the terms and conditions of this Agreement. If CONTRACTOR fails to properly perform or complete any of the work specified in the Work Write -Up Bid Document, CONTRACTOR will not receive funding for any work that is found to be improperly performed or incomplete. 2.3 CONTRACTOR understands that all work described in the Work Write -Up Bid Document with the exception of line items deleted under Section 1.6 must be completed before any funds will be paid out. 2.4 CONTRACTOR understands that the job will be inspected by a CITY Inspector and Construction Advisor before any funds will be paid out. 2.5 CITY will provide a Notice to Proceed to CONTRACTOR to commence work. CONTRACTOR agrees to start work within thirty (30) calendar days after receipt of the Notice to Proceed. If CONTRACTOR fails to commence work within thirty (30) days from the date on the Notice to Proceed, CITY will have the right to terminate this Agreement, by providing a written notice of termination to CONTRACTOR. 2.6 CONTRACTOR agrees to complete the work within ninety (90) days from the date of the Notice to Proceed. If completion is delayed for reasons beyond the CONTRACTOR's control, CONTRACTOR will provide timely notice to CITY of the reasons for such delay. If such good cause is claimed by CONTRACTOR, it will be CONTRACTOR'S obligation to substantiate its claim by adequate documentation. 2.7 CONTRACTOR affirms that it has not been debarred from performing federal contract work. ARTICLE 3 OTHER PROGRAM REQUIREMENTS 3.1 PERMITS AND CODES. CONTRACTOR agrees to secure and pay for all necessary permits and licenses required for CONTRACTOR'S performance and to adhere to applicable local codes and requirements whether or not covered by the Work Write -Up Bid Document, including any CONTRACTOR registration requirements. 3.2 DISCRIMINATION. CONTRACTOR will not exclude any person from participation in, deny the benefits of or subject the person to discrimination under any of the CONTRACTOR's activities while receiving federal financial assistance on the grounds of race, color, religion, sex, national origin, age or disability. 3.3 WARRANTY. CONTRACTOR agrees to provide a full one-year warranty to the homeowner, said warranty will extend to subsequent owners of the property to be improved. The warranty will provide that improvements, hardware, and fixtures of whatever kind or nature installed or constructed on said property by the CONTRACTOR are of good quality and free from defects in workmanship or materials or deficiencies subject to the warranty provided in this paragraph. CONTRACTOR and CITY agree, however, that the warranty set forth in this paragraph will apply only to such deficiencies and defects as to which homeowner or subsequent owners will have given written notice by certified mail to the CONTRACTOR, at its principal place of business, within one (1) year from the date of the final inspection and acceptance by the CITY Inspector that all work under the Agreement has been completed. 3.4 BID. CONTRACTOR acknowledges that it has prepared the Work Write -Up Bid Document, attached hereto and incorporated herein as Exhibit "A" and that such Work Write -Up Bid Document is accurate and consistent as to the name of CONTRACTOR, scope of work that the CONTRACTOR will under -take, and price. CONTRACTOR acknowledges the performance requirement established in the write up and warrants that all work undertaken will conform to said specifications. 3.5 REMOVAL OF DEBRIS. Upon completion of work CONTRACTOR agrees to remove all construction debris and surplus material from the Property and leave the Property in a neat and clean condition. 3.6 SUBCONTRACTORS. CONTRACTOR agrees that all the warranties contained herein will apply to all work performed under this Agreement, including that performed by any Subcontractors. 3.7 FRAUDULENT ACTS. CONTRACTOR nor any of its officers, partners, owners, agents, representatives, employees, subcontractors or parties in interest has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm, or person to submit a collusive or sham bid in connection with CONTRACTOR for which the bid has been submitted or to refrain from bidding in connection with this Agreement, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix any overhead, profit, or cost element of the bid price shown in the Work Write -Up Bid Document or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement, any advantage against CITY or any person interested in this Agreement; and the price or prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of CONTRACTOR or any of its agents, representatives, owners, employees, or parties in interest. 3.8 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of CITY, or its designees or agents, no member of the City Council, and no other public official of CITY during his!her tenure or for one (1) year thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 3.9 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement will not be used in payment of any bonus or commission for the purpose of obtaining CITY approval of the application for such assistance. 3.10 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 3.11 INDEMNIFICATION. CONTRACTOR will defend, indemnify, and hold CITY, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of CONTRACTOR, or CONTRACTOR's agents, employees, or subcontractors, in the performance of CONTRACTOR's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein will be deemed to limit the rights of CITY or CONTRACTOR (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 3.12 CHANGE ORDERS. CONTRACTOR expressly agrees that no material changes or alterations in the Work Write -Up Bid Document or price provided above will be made unless in writing, mutually agreed to by the homeowner and CONTRACTOR, and authorized by CITY. 3.13 TERMS. All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. For the purposes of this Agreement the term "will" is mandatory. 3.14 SEVERABILITY. Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing such provision, and all other 4 provisions which are otherwise Iawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 3.15 PUBLIC INFORMATION ACT. The CITY is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. 3.16 PERFORMANCE. In performing this Agreement, CONTRACTOR will comply with all local, state, and federal laws. 3.17 LIEN WAIVERS. CONTRACTOR agrees to protect, defend, and indemnify homeowner and CITY from any claims for unpaid work, Iabor, or materials with respect to CONTRACTOR'S performance. Final payment will not be paid until the CONTRACTOR has delivered to CITY complete release of all liens for work completed arising out of CONTRACTOR'S performance or a receipt in full, covering all labor and materials for which a lien could be filed or a bond satisfactory to the homeowner and CITY indemnifying him against any lien. 3.18 REPORTING REQUIREMENTS. CONTRACTOR agrees to submit a W9 Form, attached hereto and incorporated herein as Exhibit "B" to fulfill reporting requirements with the Internal Revenue Service. ARTICLE 4 SUSPENSION AND TERMINATION 4.1 If CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then the CONTRACTOR will have ten (10) days from the date it receives written notice from CITY directing it to cure or correct the defects. If CONTRACTOR fails to cure or correct the defects as required by this agreement, CITY will have the right to terminate this Agreement and to select a substitute CONTRACTOR. If the expense of finishing the work exceeds the amount of this Agreement, CONTRACTOR will pay the difference to CITY. Should CONTRACTOR fail to make corrections as directed by CITY, and such breach of contract results in a violation of federal law or regulation for which CITY receives a demand of reimbursement of grant funds from HUD or its successor, CITY may terminate this Agreement immediately, and may recover from CONTRACTOR the amount sought by HUD for reimbursement, up to the full amount of funds CONTRACTOR received from CITY. 4.2 CONTRACTOR will not be relieved of the liability to CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR. CITY may withhold payment to CONTRACTOR until the amount of monetary damages due CITY from CONTRACTOR is determined. 4.3 If CITY becomes aware of any CONTRACTOR activity which could jeopardize CITY's position with HUD and cause CITY to return CDBG funds or other federal funds received by CITY, CITY may take appropriate action, including injunctive relief against CONTRACTOR, to terminate or prevent the activity. Failure of CITY to exercise this 5 right will not constitute a waiver by CITY of its right to demand payment or to seek any other relief in law or in equity to which it may be entitled. ARTICLE 5 PAYMENTS 5.1 For work completed by CONTRACTOR, as described in the Work Write -Up Bid Document, CITY agrees to pay CONTRACTOR the Contract Amount after all of such work is found to be satisfactorily completed and is inspected by the Construction Advisor and CITY Inspector, in accordance with the CITY'S Prompt Payment Policy. ARTICLE 6 ATTORNEY'S FEES 6.1 Any party to this Agreement who prevails in any legal proceedings between the parties regarding this Agreement will be entitled to recover court costs and reasonable attorney's fees from the non -prevailing party. ARTICLE 7 VENUE AND REMEDIES 7.1 This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Williamson County, Texas. ARTICLE 8 SUCCESSORS AND ASSIGNS 8.1 CITY and CONTRACTOR, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of the other party with respect to all covenants of this Agreement. Except for CONTRACTOR'S assignment of mechanic's lien contracts and mechanic's lien notes to the CITY pursuant to Paragraph 1.7, neither CITY nor CONTRACTOR will assign, sublet, or transfer any interest in this Agreement without the written consent of the other party. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 This Agreement represents the entire and integrated agreement between CITY and CONTRACTOR for the work specified in Exhibit "A" and supersedes all prior negotiations, representations or agreements either written or oral. This Agreement may be amended only by written instrument signed by CITY and CONTRACTOR. The Agreement contains the following exhibits attached to and incorporated in this Agreement for all purposes: (1) Work Write -Up Bid Document (Exhibit "A") (2) W9 Form (Exhibit "B"). 6 ARTICLE 10 ACKNOWLEDGMENT 10.1 The above warranties are in addition to, and not in limitation of, any and all other rights and remedies to which CITY and the homeowner, or subsequent owners, may be entitled, at law or in equity, and will survive the conveyance of title, delivery of possession of the Property, or other final settlement made by the homeowner and will be binding on the undersigned notwithstanding any provision to the contrary contained in any instrument heretofore, and thereafter executed by the homeowner. This Agreement is effective as of the date first written above. CONTRACTOR: CITY: B&O Construction CITY OF ROUND ROCK Name Title Laurie Hadley, City Manager EXHIBIT "A" WORK WRITE-UP BID DOCUMENT uJ L 0 0 X0 0 0 0 f 5±+, L(j co O in co r� o 0o a) N U') Ln Ln a tD 0) C7 Lf7 ' .z` ❑ •Z c.r�� u� d4 V3 49 19 Y! Lu 7 vLm 0ty� C v o 0 0 m 1 spm cn in a, L6f CO) N tLn u7 7 �p fi tu W LU w W w T U Vl y m X W y •y D to U 0 t6 to M m O C Q' E N :r m tm ;d 0 m C 7N H 0 -a C N U T (p A -0 C CS a} tV Q. 0 ! 0tl�1 t�6 Y G m �ti �� UN c 3r m 3 �o °� m an',° = 'z` X °1 m m r -0 0 F- 0 p z w to U ¢ 0 m M L0 m cc o N s E m 0 n > cn CD N m N Lr 3 m V c m x =�E0 D�osE3 _ mCD o v E m ., Z m a M L0 c'CL c c - LU (D � -0 tiN m c mi UrL E 0�c o 0 — o L M CDaCL mccccro +"U m as ru b m Lu N �'.� U Y7 m 0 o cm E ` 1d E—w E t_ m M +- m m�o E ao T CDm 0 12 a m wLL > OEL a Q.. m co ui o E 0. 12 E cO L a m w' m j= 41 m m N .� e ca N Lr rn 3= it m 0 c 9 E v i C.) z a.0 0) 0= 0 .2 .2cc 0 LLI cl q LL• a 0. I' IJIf LLl c C C C EXHIBIT "B" W9 FORM Form W-9 (Rev October 2015) Depanmerd or V10 frauwy Internal Retienue Srnnce 1 Harare los ahawn nn your Famum Enlarprlses, Request for Taxpayer {live Form to the Identification Number and Certification requester. Do not send to the IRS. s Go to www.irs.gov/FormWg for Instructions and the latest Information. Inc. dbo B&IJ Construction entity name. ;j 7 Chock sporopdale box lot federal tax rdassircation of the person whose slams Is ordered an in t. Chock Wily one at Ula 4 Esemptksns kolas appgr only 10 4 toeowing seven borim certain enldies. not Individuals: see instructions an page 31; EL ❑ trabMlkmvsda fwufnarlor or a C corporation ❑ s ewporaac n ❑ par moo p 0 Truslreslate anon nh+mblm LLC Exeritel 1mtru cad* sit vrr) ❑ Lar•tw tab,Lly conipany. Enter 1110 to ciasaslicatmi, fC=C corporation. 5-S corporation, P-ParumtshO I, Note: Cirack 1he opprofr4410 box in Ulu dee above No the tax cllawrcatron of Ilio ongk+•menober owner. do not check Exnmpllon barn FATCA reporang LLC of dho LLC 1s classified as a aklglo•mcmber LLC [tial is dlaroganled horn the owwhw unless theownsr al the LLG Is coda of arm _ I arwtnet LLC that is not disregarded from this owner for U.S. federal tax pLMoses.Otherwise. a single, -member etc am A. �+ Is obregardod Iron the owner should check the approptrale box far the tax classification of its awrler. i Vara "visouGhon"10 Nrn•�+•re.na...+a•w•rxo-r.el• a 5 Address (ra0nbor. shael, amt old. or suite rAl Sae instruclkxss Rrr[prssla'a name mal oudrase {nfhtwrug to 16238 Highway 620, Suite F•405 6 Gov. stale. and 29p cu f0 Austin, TX 76717 7 Lap accau"I numberl Ensor your TIN in the appropriate box. The TIN provided must match the name given an One 1 to avoid backup wilhhatding. For individuals, this Is generality your social security number (SSM). Hawawor, for a resident Allen, role proprietor, or disrogorded entity, see the instructions for Part I, later. For other entities. H is your employer identiricalion number (EIIM. It you do not have a number, see Now to gat a TIN, later. Note; If the account is in mote than one name, see the instructions for One 1. Also see Mot Name and Mlirdive To Give Ilio Aeglresrar for gtiidallnes on whose isumbar to anter. Under penalties of por(ury, l coolly that: 1. The number shown on this fort Is my correct taxpayer idenlif+calion number for I am visiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a)1 am exempt from backup tvithhokling, or (b) I have not been noli9ed by lire Internal Reverie Service QRS) shot I am subject to backup withholding as a result of a fallure to report all interosl or dividends, or (c) the IRS has notified me that I am no longer subject to backup withimlding; and 3.1 am a U.S. citizen or other U.S. person (defined below): and 4. The FATCA codefs) ental ad on this form tit tiny) Indicating that I am exempt from FATCA repoOV is correct. Certification Inetructlans. You must cross out Hens 2 above it you have been notified by Ute IRS that you are currently sub0cl to backup wilhhokfmog because you have laded lu report all interest and dividends on your tax slum. For teal estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandariment pV�f secuod pro y. cancegation of debt, contributions to an individual retirement arrangement ORA), and generally. payments other affin Interest And dlodar k you r ff nl required to sign Uta eertificodon, but you must provide your correct TIN. See Ilia Instruellons far part IL 12t9r. �rarz signettlre of Here Lus. person ► Onto 0, , ( General ins ru dos • Form 1099.OIV ,11wh mig these I# stocks or mutual funds) Section references are to Ilia Intemel Revenue Code unless otherwise noted. Future developments. For Ilio latest mlormolian about davelopments related to Form W-9 and its instructions, such as lagistation enacted allot [hay %veto published. go to tmm-JmgWFormM. Purpose of Form An individual or enUly (Form W9 raquestef) tvho Is required to Its an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSM. Individual taxpayer identirmotion number "N). adoption taxpayer identification number (ATIM, or employer klenti9calion manlier (EIN). to report an an information return Ilia amount paid to you, or other amount roportabio oil an Information rolurrL Examples of Information returns include, but are not limited to. the following. • Form 1099 -INT fintarest earned or paid) - Forte 1099-MISC (various types of income. prizes„ awards. or gross proeeedsl • Fenn 1099-8 (stock or mutual (tied sails and cutbdn other transactions by brokers) • Fern 1099.5 (prucuods (rtan real estate bnnsoelimla) • Form 1099-K (merchant card and third party network transections) • Firm 109() (homer mortgage interest). 1098-E (student loan interest), 109t1 -T pulllan) • Forte 1099-C (canceled debt} - Fort IOWA (acquisition or obsandonmem of socared property) Use Form W9 Only If you are a U.S. person (including 6 resident aflon). to provldo your correct TIN. It you do not return Form W-9 to the requester svith a TIN. you might be subject to backup with)takl4W. See What is backup withholding, rotor. Cal. No. 10,13 IX Foto+ ilii -9 [Rev. 10.26161 City of Round Rock ROUND ROCK 197rXA5K Agenda Item Summary Agenda Number: Title: Consider executing a CDBG Home Repair Homeowner Contract with Wanda and Walter Moore at 2001 Buckeye Lane. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/18/2019 Dept Director: Brad Wiseman Cost: Indexes: Attachments: LAF Homeowner Agreement 2001 buckeye Ln, Homeowner agreement Moore 2001 Buckeye Ln Department: Planning and Development Services Department Text of Legislative File CM -2019-0321 Consider execution of a Community Development Block Grant Housing Repair Program Homeowner Agreement for Walter and Wanda Moore at 2001 Buckeye Lane, Round Rock, Texas. Mr. Walter and Mrs. Wanda Moore have applied and met all requirements to be eligible for the CDBG home repair program. Improvements to their home include replacement of HVAC, plumbing and ADA improvements. The expected cost of the project is $24,879, and no more than $31,098 with any necessary change orders. City of Round Rock Page 1 Pdnfed on 10/18/7019