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CM-2019-0318 - 10/18/2019COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM CONTRACTOR AGREEMENT This CDBG Community Hou in Repair and Rehabilitation Program Contractor Agreement (Agreement), is made this day of 622CA A� 2019, between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas ("CITY"), and Farnum Enterprises, Inc., dba B&O Construction, 162338 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 13, Block C, Kensington Place, Section 1, an addition in and to the City of Round Rock, Williamson County. Texas, according to the map or plat thereof recorded in Cabinet C. Slides 257-258, Plat Records. Williamson, County, Texas, also known as 707 Windsor Rd, 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 $17,857.00 ("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 $22.321.25. 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 line 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 finding 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. 7 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 3 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 0 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. 3.15 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, labor, 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 fled 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 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 S 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: B& on tru tion :� Name Title CITY: � CITY OF ROUND ROCK Laurie Hadle jl. City ManagYr EXHIBIT "A" WORK WRITE-UP BID DOCUMENT EXHIBIT z�4 �� 2 % E q $ 8 2 Ln. k kk / � 7 U-) Ln ■ 2 .� � o 2 e § (Am m� __ U o ` E % S E 8^ 2 A � G � B B 2 7 q m m 14 12 £ 5 ) L) 7 2 LU 2 3 w � b ° 0 = k m �k \ \ 0 k §k / 2§ �E m c■ 22 = OL CL m Ml � j ■ m k 23 $ ƒ 2 CD < § \ t 2\ 2 2{ �2 2 Q cE 2 �uq� CL 2� \c c0 kk0/ — ° a G < c �§ a) 3 >�__ k� tn / 2 n. o I g .0 ƒ k /E � —0 � 2 k § § \ © CL/ e % §\ m o 2 k 2 e u � E 2 7■ 22 _£ c aEn �� c \& z R t A » k o # e �' — u — £ o 2g cn S 2/�2~£0 �■ «3 �e2`��c� �� �E x/20 0 E § k C _ 2 � ® / �x 2 — g u » o m w 3% � o 2 22§G$£ � m ■ s E 2# E u c E �� 93 x D:R232aCd >1 _� �© . q i E E 13 U Z Wc _cf) 9 r n . / o m C3\ \ k \ / 2 LU f1 5 EXHIBIT z�4 �� EXHIBIT "B" W9 FORM Request for Taxpayer (Rev Relobar Fern, w 9 Identification Number and Certification 2010) D04ritrKA of Ino Treasury In!Nnal tlemmue seroce ► Go to www.Irs.gov/FormW9 for Instructions and the IPloet Information. Fanlutn Inc. dba Bb0 Construction ed onbry aamn, it 9,dorent front coati EXHIBIT Give Form to the requester. Do not send to the IRS. a Cnea aPpropdals box far federal lax classification of the person whose narrto is entered an line 1. Check only one of the 4 Etamplians (codes appy only to Following seven bares. cumin onblres, not Indniduals: sea rnsbuclrons on page 31: (3 [a C Carporahan ❑ S Curpmatlan C1Parinumh P ❑ Trust/u:lala audgtu•niumbui LLC Exmnnl parva cudv bl any( ❑ L,ehtrd MlAly eongrany, Entm iha lax eaarmlicausin IC -C Curpauatron. $.S earporawn. 10. partneaserpl P. Nola: Clack Pru uppropuato 40. in Ilia Imo above for Ilia lox eiaaeltrtalron of Use pnglu•nraatbar owner. Do nal chockEaanrplbn harp FATCA ruporhrlg I.I.C.if Iter LLC is clossilled rin o ainglo-inumber CLQ Urea is disrugardad Iran the minor unless the owner al the LLC is code as arty( anamar LLC Ihil it not d srogarded imm Rae owner for U.S. IedmN tax purposes. ehorsnsa. a su+gLLC C that Is arsregatded From the owns should check the app-apnsle bol nor the tax cUssliscaann of its owner. 5 Address (number, street, and npi. or sue 16238 Highway 620, Suite F-405 Tx 78717 Enter your TIN in Ilia appropriate boa. The TIN provided must match Ilia name given on fine 1 to .avoid backup wilhhoklm0. For individuals, this Is ganerady your social security number (9SNI. However, lot a iesidanl allon, solo proprietor. or disregarded amity, sea Ilia Instructions for Part I, later. For other entities, it Is your employer identification number (EIN). It you do not have a number, see Now to get a 17N. later. Nortior 11 the account Is in muse than one new. see the Instructions for line 1. Also see What Name and Nurrrber ro Gives, this Requester for gitidollnes un whose number Its nsltur. name top •a ti rsr•s^. • wwq.y,•r.,M-t+Y S Undar penalties of pa4ury, I cortily that: 1. The number shown an this form is my correct taxpayer identification number for I am walling lot a number to be issued to mel: and 2.1 am not subject to backup withholding because: (a) I am exempt Isom backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as o result of a failure to report all interest or dividends, or (c) ilia IRS has notified me that 1 am no longer subject to backup withholding; and 3.1 sun a U.S. citizen or other U.S, poison (deemed belawl: and 4. The FATCA cade(s) antes ud an Ilds loam pt any) Indicallnl( that 1 am exempt from FATCA repodirsil is correct. Cortllfcallon Instructions, You must cross out item 2 above 11 you have been noitlied by tire IRS Thal you are currently subject to backup wilhhokfin0 because you have laded to upon all interest and dividends on your tax ralum. For real estate Iransaetiuns, item 2 does not appy. Fa mongi ge atarest paid, acquisition or abandonment o secured prapgrty, cancellation of debt, contributions to an indfavioual retirement arrangement ORA). and generally payments other than krteresl rind diodt you nfif n91 reglAmd to sign ora corllfraallon, but you must provide ymrr conecl TIN. Seo this instructions for Parl 1L later. aaUn Signature of / f, f� Hera U.S. person P / , bila► �/jyr[ltl� L J-19 / I General Insfrubtiohis it • Fann 1090 -DN (druid" incfudaug fhasp aryl slacks or inulual lunds( Section references are to the Internal Revenue Coda unless olhervase • Form 1099-MISC (vatious lypes of Intorno, prizes, awards, or gross rated. proceeds) Futuro developments. For Uta latest information about duvalopments • Font 1(199.9 (slack or mutual lurid sales and cerlmt other trialed to Form W-9 and Its instructions, such as leoslallon onactad transactions by brokmsl allai They Ward pubirsnod. go to tvuvx,kS.9Ov/Fore M, . Farm 1049•S (prureuds buil real aslnhr hartsnclinta) Purpose of Form • Form 1099-K (morchnnt card and third pony network transactions) An individual at entity (Forni W-0 rortuasfer) who is required to lite an • Form 1098 (home mortgage inleresq, 1098-E (student loan interest information return with Iho IRS mull obtain your correct taxpayer 10911-T (lusllon) Identification number MM whlch may be your social security number - Form 1099-C (canceled debt) ISSN). Individual taxpayer identification number IMI%. acloplIon. taxpayer Iden ificallon number (ATIN), or employer identification number Farm 1099-A (aequisllion or abandonment of secured property( (EIN), to report on:n information solum ilia amount paid to you, at other Use Fonr1 W-0 aidy Il you aro a U.S. parson (including a resident amount responsible on an Information return, Examples of Information alien), to pmvido your cermet TIN, returns include, but are not (united to. the following, If you do not reform Form W9 to the raquaater with a TIN, you might • Form 1099 -INT Qntoresl earned or paid) bo subject to backup withholding. Sae What is backup withholding, later. Cal. No. 10.31% Fans W►9 Mat. 10.20101 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a CDBG Home Repair Contract with B&O Construction for repairs at 707 Windsor Road in the amount of $17,857.00. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/18/2019 Dept Director: Brad Wiseman Cost: Indexes: Attachments: LAF windsor Road Contractor Agreement, Contractor agreement B& O Construction 707 Windsor Rd Department: Planning and Development Services Department Text of Legislative File CM -2019-0318 Consider executing a CDBG Home Repair Contract with B&O Construction for repairs at 707 Windsor Road in the amount of $17,857.00. The Contractor will be paid directly from CDBG funds. The major work to be done on this property is repacement of all windows, fence and plumbing and ADA improvements. The expected cost of the project is $17,857, and no more than $22,321.25 with any necessary change orders. City of Round Rock Page f Printed on 10/18/2019