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CM-2021-189 - 7/2/2021COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM CONTRACTOR AGREEMENT This CDBG Community Repair a eh bilitation Program Contractor Agreement (Agreement), is made this day of , 2021, between the CITY OF ROUND ROCK, Texas, 21 East Main Spir7e"V, RoundURock, Texas (`CITY'), and FARNUM ENTERPRISES, INC., dba B&O Construction, 16238 Highway 620, Suite F-405, Austin, Texas 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 issued its "Invitation for Bid" for the provision of such labor, materials and equipment; and WHEREAS, CITY has determined that the CONTRACTOR is the lowest responsible bidder; and WHEREAS, CITY will pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation of FOREST BLUFF SECTION ID, BLOCK B, LOT 54, Williamson County, Texas, also known as 1183 Southern Place, Round Rock, Texas 78665 (the "Property'), as specified in the CITY'S Invitation for Bid designated IFB No. 21-018 and CONTRACTOR's BID RESPONSE for CDBG Home Repairs — Location #2 (collectively the "Bid Documents"), attached hereto and incorporated herein as Exhibit "A," by reference for all purposes; 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 Twenty -Two Thousand Nine Hundred Eighty -Nine and NoI100 Dollars ($22,989.00) ("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 Bid Document after all of such work is found to be satisfactorily completed and inspected by the Construction 00475231/ss2 � I� /� /' yi , n` f/� �/� 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 2020 Community Housing Repair and Rehabilitation Program Policies and Procedures. 1.3 CONTRACTOR will not deviate from the work described in the Bid Documents without a change order from CITY. Any such change order will be included in 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 $28,736.25. 1.5 All work specified in the Bid Documents will be satisfactorily completed within ninety (90) days from the date of the Notice to Proceed. 1.6 There shall be no Bid Document line -item deletions. 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 Bid Documents, 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 Bid Documents 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. 2 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 Bid Documents, 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 (I) 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 Bid Documents, attached hereto and incorporated herein as Exhibit "A" and that such 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. ki 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 Bid Documents 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 Bid Documents or price provided above will be made unless in writing, mutually agreed to by the homeowner and CONTRACTOR, and authorized by CITY. 4 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 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 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 (14) 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 CON RACTOR is determined. 4.3 If CITY bc comes 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 Bid Documents, 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 COMPLIANCE WITH LAWS, CHARTERS AND ORDINANCES 8.1 CONTRACTOR, its agents, employees and subcontractors shall use best efforts to comply with applicable federal and state laws, the Charter and Ordinances of the CITY, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 8.2 In accordance with Chapter 2270, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. The signatory executing this Agreement on behalf of CONTRACTOR verifies CONTRACTOR does not boycott 12 Israel and will not boycott Israel during the term of this Agreement. ARTICLE 9 SUCCESSORS AND ASSIGNS 9.1 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& 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 10 ENUMERATION OF CONTRACT DOCUMENTS 10.1 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: (l) Bid Document (Exhibit "A") (2) W9 Form (Exhibit "B") ARTICLE 11 ACKNOWLEDGMENT 11.1 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. [Signatures on the following page.] 7 This Agreement is effective as of the date first written above. CONTRACTOR FARNUMArMRP13JSES, INC. dba B& Co stmedn Name Title CITY: CITY OF ROUND ROCK s . , Ea]MIT "A" BID DOCUMENTS ROUND ROCK TEXAS PURCHASING DIVISION City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.roundrocktexas.gov INVITATION FOR BID (IFB) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS #3 SOLICITATION NUMBER 21-018 MAY 2021 City of Round Rock CDBG Home Repairs #3 IFB 21-018 ClassiItem. 90M2 May 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS 43 PART I GENERAL REQUIREMENTS 1. PURPOSE: The City of Round Rock, herein after Othe City" seeks bids from firms experienced In home repair to provide all material, labor, and services to repair five residential homes In accordance with the Federal Community Development Block Grant (CDBG) Program. 2. BACKGROUND: The City of Round Rode Minor Home Repair Program Is a Community Development Block Grant (CDBG) HUD -funded program. The primary program objectives are to make health and safety -related repairs to owner -occupied homes, giving priority to very low -Income applicants, Income-ellgible elderly, and disabled occupants. 3. SOLICITATION PACKET: This solicitation packet Is comprised of the following- tIon Index Part I — General Requirements Pages 2-5 Part II — Definitions, Standard Terms and Conditions and Insurance Requirements page 8 Part III — Supplemental Terms and Conditions Pages 7-9 Part IV— Scope of Work Page 10 Attachment A — Bid Sheet Page 11 Attachment B — Reference Sheet Page 12 Attachment C — Subcontractor Information Form Page 13 Attachment D — Prevailing Wage Rates Separate Attachment Attachment E — location # 1 Separate Attachment Attachment F — Location # 2 Separate Attachment Attachment G — Location # 3 Separate Attachment 4. AUTHORIZED PURCHASING CONTACTS: For questions or clarification of specifications, you may contact: Adam Gagnon Purchaser Purchasing Division Cfty of Round Rode Phone: $12-218.6456 E-mail: ggaanondNroundrociktexas.gov Amanda Crowell Purchaser Purchasing Division City of Round Rock Phone: 512 2184MM E-mail: acrowgiaroundrocktexas.nov The Individuals listed above are the only authorized City contact for this solicitation. The authorized purchasing contacts may be contacted by e-mail for claritcation for this solicitation Including specifications. No other City employee or representative may be contacted about this solicitation prior to contract approval. No authority Is Intended or Implied that specifications may be amended, or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. Page 2 of 13 City of Round Rock COBG Home Repairs #3 IF13 21-018 Classlltem: 909-62 May 2021 5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released May 13, 2021 Mandatory MwElld meeting / site visit May 27, 2021 @ 8:45AM CST Deadline for submission of questions June 3, 2021 Q 5.00 PM, CST City responses to questions or addendums Approximately June 8, 2021 @ 6:00 PM, CST Deadline for submission of responses June 15, 2021 C 3:00 PM, CST All questions regarding the solicitation shall be submitted In writing by 6:00 PM, CST on the due date noted above. A copy of all questions submitted and the City's response to the questions shall be posted on the Gty's webpage in the form of an addendum at: Ws jbMM.roundrocldexas.covlbusinesses/sail tations Questions shall be submitted in writing to the "Authorized Purchasing Contacts The City reserves the right to modify these data. Notice of date change will be posted to the City's webeite: httos://www.roundrocktexas.gov/businessea/soildtadon§ 6. SOL.ICITA=ION UPDATES: Respondents shall be responsible for monitoring the City's website at hitAsil iri v� undnxictexas,govlbusinggses/solicifWns for any updates pertaining to the solicitation described herein. Various updates may Include addendums, cancellations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. T. MANDATORY PWAD MEETING: A pre -bid meeting will be conducted to fully acquaint Respondents with the facilities, difficulties, and/or restrictions inherent In the services specified. The pre -bid meeting will be conducted on the date specified In PART I Section 5 — Schedule of Events. A. Attendance at the pre -bid meeting Is mandatory. Respondents shall sign4n at the pre -bid meeting to document their attendance. Immediately following the pro -bid meeting, a site visit tour will be conducted to enable Respondents to determine labor, equipment. supplies and materials necessary to perform the services specified herein. Respondents shall sign -in at each site of the tour to document their attendance. The City reserves the right to determine a response anot available for award" if the Respondent falls to attend the mandatory pre-bld meeting which shall initially begin at: City Hall Council Chambers 221 East Maln Street Round Rock, Texas 78664 B. Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre - bid meeting / site visit. C. Respondents will be responsible for their own transportation for the site visit tour. D. It is the responsibility of the Respondent to examine the City's videos and site visit notes and ask appropriate questions of the City's Authorized Purchasing Contacts to determine quantity, amounts, material requirements, equipment requirements, labor requirements and other solicitation related details. S. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, an the due date noted In PART 1, Section 5 — Schedule of Events. Mail or hand deliver sealed responsee to: City of Round Rock Attn: Adam Gagnon Purchasing Department 221 E. Main Street Round Rock, Texas 78OW5299 Page 3of13 City of Round Rock CDBG Home Repairs rya IFB 21-018 Class/Item: 90M May 2021 A Seated responses shall be dearly marked on the outside of packaging with the Solicitation title, number, due date, and 'DO NOT OPEN". B. Facsimile or electronically transmitted responses are not acceptable. C. Responses cannot be altered or amended after opening. D. No response can be withdrawn after opening without written approval from the City for an acceptable reason. E. The City will not be bound by any oral statement or offer made contrary to the written specifications. F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property of the City. G. Late responses will not be considered and will be returned unopened if a return address Is provided. 9. RESPONDENT REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified In the solicitation, This list Is only a tool to assist parlIcipating Respondents in compiling their final responses. Respondents are to carefully read the entire solicitation. Respondent shall submit one (1) evident signed 'Original' and one Identical-to-the-odginal electronic copy of the IFS response on a flash drive. The submittal Is required to Include all addendums and requested attachments. The bid response along with samples and/or copies shall be provided at the Respondent's expense and shall become the property of the City. This Invitation for bid (IFS) does not commit the City to contract for any supply or service. Respondents are advised that the City will not pay for any administrative costs Incurred In response preparation to this IFS; all costs associated with responding to this IFB will be solely at the interested parties' expense. Not responding to this IFB does not preclude participation In any future RFP/RFQ/IFS. For your bid to be responsive, ed!g�Mdums and the attachments Wandfled,ho_gff shall be submitted ydlh,vour proposal. n Addendums: Addendums may be posted to this solicitation. Bidders are required to submit signed addendums with their sealed response. The Bidder shall be responsible for monitoring the Citys webaite at htbsa/www.mundroddexas.goy/businpns/soiicitations for any updates pertaining to the solicitation. o Attachment A: BID SHEET: The bid response shall be submitted on the itemized, signed Bid Sheet provided In the solicitation packet Failure to complete and sign the bid sheet vdi gpsult in disaualiflcation. Submission of responses on forms other than the Citys solicitation document may result in disqualification of the response. o Attachment B: REFERENCE SHEET Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal. Government agencies, or firms of comparable size that have utilized services that are similar In type and capacity within the last two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed or if any negative responses are received It may result In the disqualification of submittal. o Attachment C: SUBCONTRACTOR INFORMATION FORM: Provide a completed copy of the Subcontractor Information Form. 10. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to accept any response deemed most advantageous, or to wahre any irregularities or Informalities In the response received that best serves the interest and at the sole discretion of the City. All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider. A. Purchase price. B. Reputation of Respondent and of Respondent's goods and services. C. Quality of the Respondents goods and services. D. The extent to which the goods and services most the City's needs. E. Respondent's past performance with the City. F. The total long-term cost to the City to acquire the Respondent's goods or services. G. Any relevant criteria specifically listed In the solicitation. Page 4 of 13 City of Round Rock CDBG Home Repairs #3 IFS 21-018 Class/Item: 909-62 May 2021 H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria not related to cost in order to be considered for contract sward. Respondents may be contacted for clarification of bid and/or to discuss details of the services they are proposing. 11. CONFIDEMPAM OF CONTENT As stated in Section 18 of City of Round Rock Purchasing Definitions, Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing Is not considered to be confidential under any circumstances A. Information In a submittal that Is legally protected as a trade secret or otherwise confidential must be dearly indicated with stamped, bold red letters stating "CONFIDENTIAV on that section of the document. The City will not be responsible for any public disclosure of confidential information If It Is not dearly marked as such. B. If a request Is made under the Texas Public Information Act to Inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the Information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas far final determination. 12. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2 CFR part 180 suspension and debarment may apply to this agreement. The City of Round Rode Is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from doing business with the Federal Government, State of Texas, or the City of Round Rock. 13. CERTIFICATE OF INTERESTED PARTIES: Section 2252,808 of the Texas Government Code requires the successful offeror to complete a Form 1295'Certificate of Interested Parties" that is signed for a contract sward requiring council authorization. The "Certificate of Interested Parties' farm must be completed on the Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the Business Entity with acknowledgment that disclosure Is made under oath and under penalty of perjury prior to final contract execution. Unk to Texas Ethics Commission Webpage: https://www.ethics.state.tx.uslwhatsnomM Info farrn1295.htrm Page 5 of 13 City of Round Rack CDBG Home Repairs #3 IFB 21-018 Class/item: 909-62 fury 2021 PART U DEFINITIONS, STANDARD TERMS AND CONDITIONS, AND INSURANCE REQUIREMENTS 1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise In a separate agfeement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of Respondents to stay apprised of changes. The City's Definitions, Standard Terns and Conditions can be viewed and downloaded from the City's website at: htbs://www.roundracktoxas.govideoartments/ourchaslna 2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard Insurance Requirements. The Cites Standard Insurance Requirements document can be viewed and downloaded from the City's webslte at: httas:/hvww.roundmektwws.cov/denartmenWourchasina Page 6 of 1.3 City of Round Rock CDBG Home Repairs #3 IFS 21-018 Cless/Item: 909412 May 2021 PART Ill SUPPLEMENTAL TERMS AND CONDITIONS 1. AGREEMENT TERM: The tern of the Agreement shall begin from date of award and shall remain in full force until Inspection and acceptance of the completed project. 2. RESPORRENT gUAUIFICATIONS: The City has established the following minimum qualifications. Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent shall: A. Be firms. corporations, individuals, or partnerships normally engaged In providing home repairs as specified herein and have adequate organization, facilities, equipment. financial capability, and personnel to ensure prompt and efficient service to the City. B. Provide all labor, supplies, and materials required to satisfactorily perform the services as specified herein and own or acquire at no cost to the City all construction aids, appliances, and equipment Respondent deems necessary and maintain sole responsibility for the maintenance end repair of Respondent's vehicles, equipment, tools, and all associated costs. The City shall not be responsible for any Respondent's tools, equipment, or materials lost or damaged during the performance of the services specilled herein. C. Be domiciled In or have a home office Inside the United States. Respondents domiciled outside the United States, or not having a home office Inside the United States will not be included for consideration In this procurement process. D. Warrant and agree that all materials supplied hereunder shall be manufactured and produced in compliance with the laws, regulations, codes, terms, standards, and/or requirements of Underwriter's laboratories Incorporated, all Federal, State, and local authorities, and all other authorites having jurisdlcdon, and that performance of goods shall be in accordance with the above taws, regulations, codes, terms, standards, andlor requirements, and agrees upon request, to furnish the City a certificate of compliance therewith in such forms as the City may require. 3. SYBCONTRACTO_RS: If Subcontractors will be used the Respondent is required to complete and submit wlfh their bld response Attachment C: Subcontractor Information Forth. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor Is responsible for the Contractors own acts and omissions. The Contractor shall: A. Require that all deliverables to be provided by the Subcontractor be provided In strict accordance with the provisions, specifications, and terms of the Contract. B. Require that all Subcontractors obtain and maintain, throughout the term of their agreement, primary Insurance In the type and amounts specified for the Vendor, with the City being named as an additional Insured: and C. Require that the Subcontractor Indemnify and hold the City harmless to the same extent as the Contractor Is required to Indemnify the City. D. Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use of any subcontractors throughout the term of the contract. 4. PREVAILING WAGE: Pursuant to Chapter 2268 of the Texas Goverment Code, a worker employed on a public work project by a city must be paid: (1) not less than the general prevailing wage rate of per diem wages for worts of a sim liar character In the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime worts. In accordance with Chapter 2258.022, the City adopted through Resolution No. R-201"780 the wage rates set forth by the Texas Workforce Commission for the Austin -Round Rode Area as the general prevailing wage rate for the Clty's public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not less than the rates set forth In Attachment D and comply with all applicable sections of Chapter 2255. Attachment D — Prevalfing Rates are posted in Solicitation Documents for IFB 21-018 CDBG Home Repairs #3 on the City of Round Rock website at ktex s o u l I one Page 7 of 13 City of Round Rock CDBG Home Repairs #3 IFS 21-018 Clasalltem: 909-62 May 2021 S. SAFE : The City reserves the right to remove any employee from City property for violation of federal, state. and local health, safety and environmental laws, ordinances, rules, and regulations. The Respondent shall: A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State and City safety and occupational health standards and other applicable federal, state, and local health, safety, and environmental laws ordinances, rules, and regulations in the performance of these services. B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause Injury or damage to any persons or properly within and around the work site. In case of conflict, the most stringent safety requirement shall govem. C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions, Judgments, lines penalties and liability of every kind arising from the breach of the successful Respondents' obligations under this paragraph. D. Due to COVID-19 while on -site all Contractor and Subcontractor employees shall respect the wishes of the homeowners and practice social distancing when asked and wear the following: face mask, face shield, and gloves if requested. In addition, the Contractor and Subcontractor(s) agree to comply with all state and local guidelines with regards to COVID-19 safety and prevention. The Cily's COVID-19 ouidellnes can be found at: 6. QRKFORCE: Successful Respondent shall: A. Ensure Respondent's employees perform the services In a timely, professional, and efficient manner. 8. Ensure Respondent's employees and Subcontractors, while working on Cityrsimsored property, wear a company uniform that clearly Identifies them as the Respondent's employee or Subcontractor. C. Employ all personnel for work In accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States. 7. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall Include all Incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining insurance, bonds, and risk management. No separate line -Item charges shall be permitted for either response or Invoice purposes. In a situation where a repair must be diagnosed first, the bidder shall submit a fixed hourly rate for diagnoses and repair and a fixed percent -over -cast for all materials. 6. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents) performance at any time during the contract term. 9. ANEPTANCEIINSPECTION: Axeptance inspection should not take more than five (6) working days. The awarded respondent will be notified within the time frame If the services delivered are not In full compliance with the specifications. In the event the services are not performed to the satisfaction of the City; tha vendor shall agree to reperfomr services to specification at no additional cost to the Gty. H any agreement or purchase order is cancelled for non -acceptance, the needed services may be purchased elsewhere. 10, ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or Implied. The City will only order the servicesigoods needed to satisfy requirements within budgetary constraints, which may be more or less than Indicated. 11. P,- RMITS: The successful Respondent shall verify and obtain all necessary permits, licenses, and/or certificates required by federal, state, and local laws, ordinances, rules, or regulations for the completion of the services as specified If required for the project. Page 8 of 13 City of Round Rock CDBO Home Repairs #3 IFS 21-018 Classlftem: 909-62 May 2021 U. AMRR: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, spit award, primary and secondary award, non -award, or use any combination that best serves the Interest and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff recommendation of award has been made. The award announcement will be posted to the City's website at htlosJw_nxcndroddexas.00vlbuslnessesl�o! Cations once City Council has approved the recommendation of award and the agreement has been executed. 13. POST AWARD MEE"NG: The City and successful Respondent(s) may have a post award meeting to discuss, but not be limited to the following: A. Provide City contact(s) information for implementation of agreement. B. Identify specific milestones, goals, and strategies to most objectives. A. Contractor's point of contact. In order to maintain consistent standards of quality work performed across the City, the City shall be provided with a designated and identified point of contact upon award of the contract to include contact Information. The City's designated representative shalt be notified by the Respondent immediately should the point of contact change. B. The City's designated representative is: Elizabeth Alvarado Coordinator - CDGB Planning & Development Services Phone: 512-341.3328 E-mail: ealvamd2QrQyrn rocktexas.aov Page 9 of t 3 City of Round Rock CDBG Home Repairs #3 IF8 2"1 B Classlltem: 909-62 May 2021 PART IV SCOPE OF WORK 1. INTRODUCTION: The City of Round Rode seeks to contract with qualified Contractors to provide all material, labor, and services to repair residential homes in accordance with the federal Community Development Block Grant Program (CDBG). 2. PURPOSE: This Invitation for Bid describes services to repair the exterior andfor interior of residential structures as Identified on the bid sheet provided herein. Services shall include, but not be limited to, repairing, or replacing flooring, countertops. fixtures, file work, flooring, sheet rock, plumbing, HVAC, outdoor siding, roof. and other residential items. Repairs made shall ensure contracted work meets all applicable Federal, State, and Local building codes. 3. reQyji)j&MR RESPONSIBILITIES: The Contractor shail- A. Provide all personnel, supplies, and equipment needed to complete specified repairs. B. Coordinate with the City to develop a project schedule that Is mutually agreeable to both parties. C. Provide a list of responsible representatives with names, titles, addresses of Contractor(s), and telephone numbers shall be furnished to the City. D. Be responsible for the reinstallation of any existing Items that are required to be removed to accommodate another repair (i.e., the reinstallation of a tollet that was removed to repair a bathtub). E. Leave all excess interior and exterior paint with homeowner in sealed containers. F. Provide remnant or "off market" products that are in new or like new condition. Colors that do not match existing colors or are a neutral tone shall have the homeowner's approval. G. Upon completion of the repairs, remove and property dispose of all containers, surplus material, and debris from said repairs and leave the site in a clean and orderly condition. H. All repairs specified within this solicitation shall be completed to a "move -in ready" condition, dean, and functional. 4. CITY RESPONSIBIUTIEI; The City will - A. Provide the addresses of the locations once the Contracts are awarded. B. Monitor and inspect the home repairs. C. Coordinate all work and schedule with the successful Contractor(s) and Homeowners. D. Provide final approval for the required repairs. E. The City has conducted lead -based paint testing on structures built prior to 1978. Reports of lead -based paint will be provided for any structure where lead -based paint was detected. Page 10 of 13 City of Round Rode CDBG Home Repairs #3 IFB 21-010 ClassiItem: 90942 May 2021 ATTACHMENT A BID SHEET 1. ENT A— BID SHEET Is posted in Solicitation Documents for IFS 21-002 CDBG Home Repairs In an Excel format on the City of Round Rock website at: httas:/Avww.mundMgktexas9ov/businesses/ solicimons A. to order to be considered responsive Attachment A — Bid Sheet must be completed, signed by an authorized representative and returned by the deadline for submission of response Indicated in Part I Section 5 — Schedule of Events. B. The Respondent, by submitting and slgning Attachment A — Bid Sheet. acknowledges that he/she has received and read the entire document packet sections defined above €nduding all documents Incorporated by reference, and agrees to be bound by the terms therein. C. to order to do business with the City of Round Rock you must be registered with the City's Vendor Database. To register, go to: h roue roe nd .munlsseifserAce.comNendorslde s D. By the signature affixed on Attachment A — Bid Sheet, the Respondent hereby certifies that neither the Respondent nor the entity represented by the Respondent or anyone acting for such entity has violated the antitrust laws of this State, codified In Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged In such line of business. E. The Respondent agrees, If this Offer is accepted within 120 calendar days after the Due Date, to fully comply In strict accordance with the Solicitation, specifications and the amounts shown on bid sheet. Page i I of 13 Attachment A- Bid Sheet "UPDATED" Location #2 _ -.- ONE t-_Y. .*L:��r A ++i.i . . '3t *'- -3 - .-... _ '�tY'-. -• x .�{-_f ... i D t, t]T '`M:?�.. -�_ _-rL'. UIM MW TOTAL. Outside 2 1 Roof Replace Roof (1 Story home, 2241 sgft) $10,121.00 22 Roof Replace 40ft of 1 x 2 drip edge trim, paint to match $1,260.00 $975 00 2.3 Front Porch Replace 4'x5' concrete piece of front porch 2.4 Garage Door Trim Replace rotted trim on both sides with pressure treated wood and paint all trim $319 00 HVAC1FURNACE 2 5 1 Outdoor A/C Unit Replace outdoor A!C unit $3,200.00 2.6 Outdoor A/C Unit Replace disconnect $325.00 2 7 Furnace Replace Furnace $6,789.00 $22,989 '0 Page 2 oN Attachment A- Bid Sheet Pale 4 of 4 City of Round Rods CDBG Home Repairs #3 IF5 21.018 Ciawdltsm; 909-e2 May 2021 ATTACHMENT B REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 21-018 RESPONDENTS NAME Fvn"" Erftgxbak Ift dm SW QuMM1oftn DATE. June 15, 2021 Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal, Government agencies or ilmm of comparable size that have utUtmd services that are similar in type and capacity within the last two (2) years. City of Round Rock referenoes are not applicable. References may be checked prior to award. If references cannot be conflrmed or if any negative responses are reoelved it may result In the dlsqualitrcatlon of submittal. Company's Name Apple Creek Apartments Name of Contact Scott Elchhom Title of Contact Manager E-Mail Address applecreekrr@sbcglobal.net Present Address 1501 Lawnmont Drive City, Ste, ZIP Code Round Rock, TX 78684 Telephone Number (512 ) 244-37166 Fax Number ( 512 44.42 w 2. Company's Name Grape Creek Vineyard Name of Contact Brian Heath Title of Contact Owner E-Mail Address brian@gropecreek.com Present Address City, State, ZIP Code Georgetown, TX 78626 Telephone Number ( 612 ) 285-1474 Fax Number( N/A ) 3. Company's Name Omninet Property Management, Inc. Name of Contact Betsey Perkins Title of Contact Property Administrator 2-Mall Address betseyp@omnlrwLcom Present Address 7600 Chevy Chase Drive, Suite 101 City, State, Zip Code Austin, TX 78752 Telephone Number ( 512 ) 452163S ._ Fax Number. ( WA � FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Page 12 of 13 City of Round Rock CDBt3 Home Repairs #3 IFB 21-018 ClassAtem: 909-62 May 2021 ATTACHMENT B REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM Y!<lTH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 21-018 RESPONDENT'S NAME: ft. m Ente:pses, bw as Sao canfE uww DATE.. June 15, 2021 Provide the name, address, telephone number and E4YIAIL of at least three (3) valid Municipal, Government agendas or fhms of comparable size that have utilized services that are similar in type and capacity within the last two (2) years. Oily of Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed or I any negative responses are received It may result In the disquafiEicallon of submittal. 1. Company's Name Name of Contact Title of contact E-Mafl Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact EAsfl Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E-Mall Addr+ Present Address City, State, Zip Code Telephone Number Austin State Supported Living Center Linda Ruiz Project Manager 11nda.ruiz®dade.state.bLus 2203 W. 35th Austin, TX 78703 ( 612 ) 474.8039 Fax Number: { NIA ) Austin State School Tony Hackney Project Manager tony.hackneyChhsc.state.bLus 2203 W. 35th Austin, TX 76703 ( 512 ) 208.5893 Fax Number. { NIA ) One Voice Communications, Inc. Steve Laukhof Owner/CEO stevegonevolseadvertising.com 12379 Pond Springs 05 Austin, TX 78729 ( Fax Number: { 612 ) 438-8598 FAILURE TO PROVIDE THE REQUIRED INFOPJAATION WTH TH£ SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Page 12 of 13 City of Round Rods CDBG Home Repsh 03 IFB 21-018 ClaWlem: 9N-82 May 2021 ATTACHMENT C SUBCONTRACTOR INFORMATION FORM COMPLETE AND RETURN THIS FORM WITH THE SOLICKATION RESPONSE SOLICITATION NUMBER: 21-018 RESPONDENT'S NAME FWWM BftFtNs, Im 08 NO oo OWCOM DATE: June 15, 2021 CIRCLE ONE -NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO YES, I INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT YES If yes complete the Infomtation below I. Subcontractor Name Name of Contact E-Mail Address Address City, State, ZIp Code Telephone Number Describe work to be performed Percentage of contract work to be performed Subcontractor Name Name of Contact Title of Contact E-Mail Address Address City, State, Zip Code Telephone Number Describe work to be performed Percentage of contract work to be performed Throne Plumbing Services Daniel Hacker, Owner throneplumWngsorAces@gmall.com 1903 Yaupon Trail Cedar Park, TX 78613 ( 512 )) 293-5516 Fax Number; ( NIA ) Plumbing 6 % Yawn Heating and AIC, Inc. _ Wesley or Teren Yawn Owner YAWNT®ATT.NET 6610 Burnet Road, #13 Austin, TX 78757 512 626-2580 Fax Number WA Heating & A/C 40 % • Add addlt nal pages as needed Page 13 of 13 Solicitation: IFS 21-010 JeR0UN0tR000(TEKAS ADDENDUM CITY OF ROUND ROCK, TEXAS Addendum No:1 Dabs of Addendum: June 4, 2021 This addendum to to incorporate the following changes to the above r+efarenced sokAetion: 1. llodsted Attachment: Attachment A Property Bid Sheet has been updated fallowing the site visit an May 27, 2021. The now version has been loaded on to the Ctty's webelbe and noted with "UPDATED" In the file name. il. eslion 01: When do you expect work to begin for this project? A1: The project will begin after approved by the City Manager, III. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME, APPROVED BY: dvz�L6/4/21 Adam Gadhon, !s aser Purchasing Office, 512-218-SM By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED BY: Paul Famum Name June 7, 2021 Date RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. No Text 10. We f k Acttba2MQ d11T 1= FBRMM Request for Taxpayer ldentlfloa ion Number and COMOcatlon ► t!o to �� tar babuotlorre and flea lalsat hr mod don. es. 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W201e1 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a CDBG Community Development Housing Repair and Rehabilitation Program Contractor Agreement with Farnum Enterprises (bda B&O Construction) for property at 1183 Southern Place. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/2/2021 Dept Director: Brad Wiseman Cost: $22,989.00 Indexes: CDBG HUD Entitlement Grants Attachments: Contractor Agreement Home Repair CDBG 1183 Southern PI, LAF - CDBG Home Repair - Contractor's Agreement 1183 Southern Place (00475643xA08F8) Department: Planning & Development Services Text of Legislative File CM-2021-189 Consider executing a CDBG Home Repair Contractor Agreement with Farnum Enterprises dba B&O Construction for repairs at 1183 Southern Place in the amount of $22,989. The contractor will be paid directly from CDBG funds. The major work to be done on this property is replacement of roof, HVAC/furnace, front porch concrete improvements. The expected cost of the project is $22,989 and no more than $28,736.25 with any necessary change orders. Cost. $22,989 Source of Funds: CDBG 2018, CDBG 2019 City of Round Rock Page 1 of i