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CM-2019-0326 - 10/25/2019COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM CONTRACTOR AGREEMENT This CDBG Community Ho g Repair andeh bilitation Program Contractor Agreement (Agreement). is made this day of 0 t; ' . 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 31, Block P, of RYAN'S CROSSING SECTION 5, a subdivision in Williamson County, Texas, according to the map or plat thereof; recorded in Cabinet V, Slides 280-283, of the Plat Records of Williamson County, Texas, also known as 3331 Rod Carew, Round Rock, Texas 78665, (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 $5,950.00 ("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 $7,437.50. 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 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 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 Bled 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.I 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. CONTRA TOR: CITY: C n ruction CITY OF ROUNQt�R� Name , City Manager kSReq J Title EXHIBIT "A" WORK WRITE-UP BID DOCUMENT � o 2 > o § � a u �10 E K 'b e �7. 009 tnLod CN ___ � tn k cc mq\ WWF _mom LU 2 &.� �\ .� 0 k 0 W 2 k �CIL9 a j w I k k \ � \k c■ )2 k \ § $� v2 En g m m� mm 0 ® CL c - �(D (� k/s c » .. \ / § U 2 - z © : f � § C4 IM Q q . b b kk 7k\ LULU EXHIBIT 1 1�k\ EXHIBIT "B" W9 FORM Farm w-9 (nev 00OW0,2019) Dwartalent at em irtsiswy Imonai Renu& sm-cr Farnum Request for Taxpayer Identification Number and Certification s Go to www.irr.gov/Fam your rncamu lax return}. Noma is runutrad; ;as, Inc. dba B&O Conslrucllon for Instructions and the Idlest Information. EXHIBIT 9 Give Form to the requester, loo not send to the IRS. 3 Cried appropriate box for federal tax classirrcatlon of she parson whose time Is entered an Cure 1, Check only one of the 4 Exemption& (codes appy Garp fu raeawing seven boxes certain entities, net kulwxduals; sea instructions on nage 31: ❑ kul-vit onVcotu pruFxrutur ur 0 C Corporation ❑ S Curpmatlon ❑ Fannersh p ❑ Tnr&lre;iate rAinyo•manihur LLC Dintiol i 7varr arch bf aiiO ❑ Uimlvd IoNtly euiumny. Enter this tae elardrcar,an (cat; Llxporation. S.S eotporahan. Ir 133nnersixpl ► Nota: Cli,n:k aur appmpnafir has ri Ilia Ina above for Ilia lax CL>s&LIK'a11on of It" srnekr•mbrnoar Gwnur. Oo not chock Examptlori Buns FATCA rrporthill LLC it nw LI.0 is classified or a cingla•mambar LLC Oral is dlsrug ishod from the wmar wuas& tlin owner at the LLC is code (0 any) snothrr LLC Val is not rksragarded from the owner for UA.ladesl lax purposes. Otherwise. a singla•mermbar LLC Thal Is aisregardrid from Iha owns should check the app-opr,eta boo for the Iaa Crsssihcation or its owner. 11 Other is" uuhuclwna P. Kr.i tiruw_ .w�-«• r...r r. ur 0 Address (number. Street. and Aryl, Or culla -.) 16238 Hiqhway 620, Suite F•4O5 City, stale, and ZIP e islln, T% 78717 Less aeeourrl numbart Ensor your TIN In the appropriate box. The TIN provided must match Ilio name given on fine 1 to avoid backup withholding. For individuals, Ibis is generally your social secuilly numbor (SSNI. However, for a resident alien, sate proprietor. or disrogarded enllly, see lila instructions for Part 1, talar. For other entities. I1 is your employer idenlification number (EIN). It you do not have a number. see Now to gad a TIN. later. Nola: II the account Is in more than one name, sea the instructions lar lino 1. Also see What Name and Munbur To Givv Use Aequesrer for gsridallrtes on whose suuuber to mltur. name and Under penalties of perjury, l certify that: 1. The number Shown an this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to mej: and 2.1 am not subject to backup withholding because: (a) I am exempt Isom backup vrithholding, or (b) I have nol been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a lailum to report all interest or dividends, or (c) live IRS has notified tmo that 1 ant no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person Idelined balow): and 4. This FATCA codu(s) enler ud on Ibis larm (il nny) Indicating that I pm exempt Isom FATCA reponuip i. correct. Certification Instructions. You must cross out Item 2 above b you have been notified by lire IHS that you are currently subject to backup withhoiding because you have failed lu report all interest and dividends an your las return. Fur real estate trsnsactiuns, item 2 does not appy. For mortgage rntaresl paid, acquisition or abandonment of poured praptlrfy. cancellation of debt, conlf wilons to an Individual retirement anangernent ([RAI, and generally, payments other than interest and di+fdo you p;p n94 regAtild to sign Ilia cedllkntlon, but you must provide ytnu correct TIN. Sao Ibis Instrucllum far part If. hater. .mss u• a nAlurG o HereU.S. paean ► / bale ► k9`' I - )?,f L Jig l General Insfruictiofis # • Farm ID90-DIV (drvidVW, includirig Ihose 1101 stocks or mutual rends) Section references are for the Internal Revenue Code unless otherwise . Form 1099-MISC [various types of ani mere, prizes, nwafds, or gross noted. proceeds) Futuro developments. For I id latest m1onrlation about ctuvolopniems. rolated to Form W-9 and its instrucuans, such as tegislalion anseled . Fann 1099.9 (stack or rrndunl fund solus and evilrrru other alter Hwy wara pubkslied, go to tvwil•drs,goWFormW9. uansaehotlS by brokers[ • Funis 1099.5 Itis ialuds hula rual eslaln barlsnciinrm) Purpose of Form • Form 1O09•K (merchant card and third party network transactions) An individual or entity (Farm W9 requester) who is required to file an • Form 1O96 (home mortgage interest). 1098-E (student loan inlarasl), information return with the IRS must obtain your correct taxpayer 1098-T (tudlon) Identification nurnbar (TIN) wfdch may be your social securlly number • Form $099-13 (canceled debl) ISSN). individual taxpayer Identification number (ITIN), adoption taxpayer identification number JAM). or employer Identification numuor .Form 1099•A (actprlsillon or abandonment of secured propenyl (EIN), to report on is Information return the amount paid to you, or other Use Form W0 only II you nru a U.S. person (including o resident amount importable on an Information return. Examples of Information alien), to provide your correct TIN. returns include, but are not lunllad to, the ladowing. H you do not return Form W-9 to the requester woh a TIN, you might • Farm 1099 -INT (Interest earned or paid) be su4 ecl to backup withholding. See What is backup withholding, later. Cal. No. 10231X Farm W -g lRov. 10-2010) - City of Round Rock T°EXAA d R°�` Agenda Item Summary Agenda Number: Title: Consider executing a CDBG 2018 Home Repair Contract with Farnum Enterprises dba B&O Construction for repairs at 3331 Rod Carew in the amount of $5,950. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/25/2019 Dept Director: Brad Wiseman Cost: $5,950.00 Indexes: Attachments: 3331 ROD CAREW CONTRACTOR AGREEMENT, LAF 3331 ROD CAREW CONTRACTOR AGREEMENT Department: Planning and Development Services Department Text of Legislative File CM -2019-0326 Consider executing a CDBG Home Repair Contract with Farnum Enterprises dba B&O Construction for repairs at 3331 Rod Carew in the amount of $5,950. The Contractor will be paid directly from CDBG 2018 funds. The major work to be done on this property is replacement of fence and re -glazing of windows. The expected cost of the project is $5,950. and no more than $7,437.50 with any necessary change orders. Cost. $5,950 Source of Funds: Community Development Block Grant (CDBG) 2018 funds Cky o1 Round Rock Page f Printed on 1012412019