CM-2021-286 - 10/29/2021COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM
CONTRACTOR AGREEMENT
This CDBG Community Housin Repair and Rehabilitation Program Contractor
Agreement (Agreement), is made this _� ` day of_ Cam~ tj- , r` 2021, between the
CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas ("CITY"), and BR
General Contractors, LLC, 244 FM 306, Suite 120-516, New Braunfels, Texas 78130
("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. Depariment of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) Program; and
WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation oftheir
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 MERCER ADDITION, BLOCK 1, LOT 3 S/PT, Williamson
County, Texas, also known as 612 Spring Street, Round Rock, Texas 78 64 (the "Property"), as
specified in the CITY'S Invitation for Bid designated IFB No. 21 aii-YCONTRACTOR's BID
RESPONSE for CDBG Horne Repairs #4 - Location #1 (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 Fifteen Thousand Two Hundred Fifty and No/100
Dollars ($15,250.00) ("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
00484516/ss2
3.7 FRAUDULENT ACTS. CONTRACTOR nor any of its officers, partners, owners,
agents, representatives, employees, subcontractors or patties 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 an 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 patt 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 ofCTI'Y, 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 LMTATIONS. 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 ofthe existence ofthe 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 patty 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 ofthis 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
Iocal, 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 M Form,
attached hereto and incorporated herein as Exhibit "B" to fulfill reporting requirements
with the Internal Revenue Service.
ARTICLE4
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 a 0) 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.
43 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 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.
ARTICLE6
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?
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
81 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.
&2 In accordance with Chapter 2271, 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
Israel and will not boycott Israel during the term ofthis Agreement.
ARTICLE9
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'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 ofthe other pmiy.
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:
(1) Bid Document (Exhibit "A")
(2) A9 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.]
This Agreement is effective as ofthe date fi'st written above.
CONTRACTOR:
BR GENERAL CONTRACTORS, LLC
T1te
CITY:
CITY OF ROUND ROCK
Xzv,1444'
Laurie Hadley, Oiman!ger4
EXHIBIT "A"
BID DOCUMENTS
X TEXAS
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 #4
SOLICITATION NUMBER 21-024
AUGUST 2021
City of Round Rock
CDBG Home Repairs #4
IFB 21-024
Class/Item: 909-62
August 2021
Exhibit "A"
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS
PART
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after "the City" seeks bids from firms experienced in home repair
to provide all material, labor, and services to repair two residential homes in accordance with the Federal
Community Development Block Grant (CDBG) Program.
2. BACKGROUND: The City of Round Rock Minor Home Repair Program is a Community Development Block
Grant (CDBG) Housing and Urban Development (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 -eligible elderly, and disabled occupants.
3. SOLICITATION PACKET: This solicitation packet is comprised of the following -
Description
Index
Part I — General Requirements
Pages 2-5
Part 11 — Definitions, Standard Terms and Conditions
and Insurance Requirements
Page 6
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
4. AUTHORIZED PURCHASING CONTACTS: For questions or clarification of specifications, you may contact:
Adam Gagnon
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5456
E-mail: a a non roundrocktexas. ov
Amanda Crowell
Purchaser
Purchasing Division
City of Round Rock
Phone: 512 218-5458
E-mail: acrowellAroundrocktexas.gov
The individual(s) listed above islare the only authorized City contact(s) for this solicitation. The authorized
purchasing contact(s) may be contacted by e-mail for clarification 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
vI\I .IVI• I \
City of Round Rock
CDBG Home Repairs #4
IFB 21-024
Class/Item: 909-62
August 2021
5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT
DATE i
Solicitation released
August 17, 2021
Mandatory Pre -Bid meeting / site visit
August 27, 2021 @ 8:45AM CST
Deadline for submission of questions
September 3, 2021 @ 5:00 PM, CST
City responses to questions or addendums
Approx. September 7, 2021 @ 5:00 PM, CST
Deadline for submission of responses
September 16, 2021 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 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
City's webpage in the form of an addendum at-
hft—s'://www.roundrocktexas.gov/businesses/solicitations
Questions shall be submitted in writing to the "Authorized Purchasing Contacts". The City reserves the right
to modify these dates. Notice of date change will be posted to the City's website:
https://Www.roundrocktexas.gov/businesses/solicitations
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
httr)s://www.roundrocktexa .ov/businesses/solicitations 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.
7. MANDATORY PRE -BID 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 sign -in at the pre -bid meeting to
document their attendance. Immediately following the pre -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 "not available for award" if the
Respondent fails to attend the mandatory pre -bid meeting which shall initially begin at:
City Hall Council Chambers
221 East Main 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 site 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.
8. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted
in PART I, Section 5 — Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Adam Gagnon
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664.5299
A. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,
number, due date, and "DO NOT OPEN".
Page 3 of 13
City of Round Rock Exhibit "A"
CDBG Home Repairs #4
IFB 21-024
Class/Item: 909-62
August 2021
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
participating 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 -original electronic copy of
the IFB 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 (lFB) 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 IFB; 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/IFB.
For your bid to be responsive, addendums and the attachments identified below shalt be submitted
With your proposal.
❑ 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 City's website
at hftps://www.roundrocktexas.gov/businesses/solicitations for any updates pertaining to the solicitation.
v 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 will result in disqualification.
Submission of responses on forms other than the City's solicitation document may result in
disqualification of the response.
c.� 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.
n 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 waive 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 Respondent's goods and services.
D. The extent to which the goods and services meet 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.
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 award.
Page 4 of 13
City of Round Rock Exhibit "A"
CDBG Home Repairs #4
IFB 21-024
Classlitem: 909-62
August 2021
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.
11. CONFIDENTIALITY OF CONTENT: As stated in Section 16 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
clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the
document. The City will not be responsible for any public disclosure of confidential information if it is not
clearly 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 for 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 Rock 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 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed for a contract
award requiring council authorization. The "Certificate of Interested Parties" form 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. Link to Texas Ethics Commission Webpage:
httns;/fwww_ethic$.state.b(.us/whatsnew/elf info fOrm1295.htm
14. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of
Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official,
Employee or Evaluation Team member evaluating or considering the bids prior to the time a bid decision has
been made. Communication between Bidder and the City will be initiated by the appropriate City Official or
Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of
the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or
award of the bid then in evaluation, or any future bid.
Page 5 of 13
City of Round Rock Exhibit "A"
CDBG Home Repairs #4
IFB 21-024
Class/item: 909-62
August 2021
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS,
AND INSURANCE REQUIREMENTS
I. 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 agreement 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 Terms and
Conditions can be viewed and downloaded from the City's website at:
https,://www.roundrocktexas.gov/deQartments/ourchasing
2. INSURANCE; The Respondent shall meet or exceed all insurance requirements set forth in Standard
insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: httns://www.roundrocktexas�ov/departments/purchasing
Page 6 of 13
City of Round Rack Exhibit "A"
CDBG Home Repairs #4
IFB 21-024
Class/Item: 909-62
August2021
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The term of the Agreement shall begin from date of award and shall remain in full
force until inspection and acceptance of the completed project.
2. RESPONDENTQUALIFICATIONS: 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 and 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 specified 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 authorities having
jurisdiction, and that performance of goods shall be in accordance with the above laws, regulations,
codes, terms, standards, and/or requirements, and agrees upon request, to furnish the City a certificate
of compliance therewith in such forms as the City may require.
3. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and submit with
their bid response Attachment C: Subcontractor Information Form. 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 2258 of the Texas Government 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 work of a similar 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 work. In accordance with Chapter
2258.022, the City adopted through Resolution No. R-2016-3760 the wage rates set forth by the Texas
Workforce Commission for the Austin -Round Rock Area as the general prevailing wage rate for the City'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 2258.
Attachment D — Prevailing Rates are posted in Solicitation Documents for IFB 21-018 CDBG Home Repairs
#3 on the City of Round Rock website at:
https://www.roundrocktexas.gov/businesses/solicitations
Page 7 of 13
City of Round Rock Exhibit "A"
CDBG Home Repairs #4
IFB 21-024
Class/Item: 909-62
August 2021
S. SAFETY: 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 property within and around the work site. In case of conflict, the
most stringent safety requirement shall govern.
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments,
fines 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 with regards to social distancing and wearing 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 City's COVID-19 guidelines
can be found at:
taps:/Iwww;_rgundrocktexas.gov/departments/fire/emergency-ma nagement/cDronavirus-covid-19-
information
6. WORKFORCE: Successful Respondent shall -
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner.
B. Ensure Respondent's employees and Subcontractors, while working on City -sponsored 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.
8. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondent(s) performance at
any time during the contract term.
9. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5) 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; the vendor
shall agree to reperform services to specification at no additional cost to the City. If 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 services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
11. PERMITS: 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 t3
City of Round Rock Exhibit "A"
CDBG Home Repairs #4
IFB 21-024
Classlltem: 909-62
August 2021
12. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split 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
https://www.roundrocktexas.gov/businesses/solicitations once City Council has approved the
recommendation of award and the agreement has been executed.
13. POST AWARD MEETING: 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 meet objectives.
14. POINT OF CONTACT (POC) I DESIGNATED REPRESENTATIVE:
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 shall be notified by
the Respondent immediately should the point of contact change.
B. The City's designated representative is:
Elizabeth Alvarado
Coordinator - CDBG
Planning & Development Services
Phone: 512-341.3328
E-mail: elvarado roundrocktexas. ov
Page 9 of 13
City of Round Rock Exhibit "A"
CDBG Home Repairs #4
I FB 21-024
Class/Item: 909-62
August 2021
PART IV
SCOPE OF WORK
1. INTRODUCTION: The City of Round Rock 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. PULSE: This Invitation for Bid describes services to repair the exterior and/or 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, tile 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. CONTRACTOR RESPONSIBILITIES: The Contractor shall -
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 toilet 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 properly 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, clean, and
functional.
4. CITY RESPONSIBILITIES: 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 Rock Exhibit "A"
CDBG Home Repairs #4
IFB 21-024
Ciasslltem: 909-62
August 2021
ATTACHMENT A
BID SHEET
1. ATTACHMENT A — BID SHEET is posted in Solicitation Documents for IFB 21-024 CDBG Home Repairs #4
in an Excel format on the City of Round Rock website at:
httos://www.roundrocktexas.gov/businesses/solicitations
A. In 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 signing Attachment A — Bid Sheet, acknowledges that helshe has
received and read the entire document packet sections defined above including all documents
incorporated by reference, and agrees to be bound by the terms therein.
C. In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: httr)salroundrocktxvendors munisselfservice.com/Vendors/default.asDx.
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 11 of 13
Exhibit "A"
Attachment A- Bid Sheet
Solicitation Number: IFB 21-024
Solicitation Description: CDBG HOME REPAIRS #4
The Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the
respondent to fully comply with the solicitation documents contained in IFB No. 21-024 CDBG Home Repairs #4. The
Respondent acknowledges that they have received and read the entire solicitation packet, attachments, addendums, and all
documents incorporated by reference, and agrees to be bound by the terms therein.
Special Instructions: Be advised that exceptions taken to any portion of the solicitation will jeopardize acceptance of the bid.
Alternative bids will not be considered and unauthorized modifications to the bid sheet format will result in the rejection of the bid.
The City reserves the right to choose which repairs will be completed based on budget and they may not include all
repairs listed per location.
NOTE: You may bid on any line item for any location. Only 1 contractor will be awarded per location.
Location #1 (UPDATED)
LINE
AREA
DESCRIPTION
LINE ITEM TOTAL
OUTSIDE
I -A
Yam
fair #uRdergreur uviilerfrs di)
efeken water
Repair to be done by
CORR
1.2
Roof
Replace roof (Appox 1218 sgft single story use V2" nail if available) and reset
$3,950.00
1.3
Roof
Replace all fascia
$1,200.00
1.3A
Roof
Replace roof decking (8 sheet allowance)
$725.00
FRONT BEDROOM
1.4
Ceiling
Repair water damaged areas
$225.00
1.5 1Closet
Remedy mold on ceiling
$225.00
BACK BEDROOM
1.6
Ceiling
Repair water damaged areas
$150.00
HVAC mom
1.7
Outdoor
Replace outdoor AC Unit with similar sized new modern unit
$3,500.00
1.8
Outdoor
Add code required disconnect for A/C unit
$350.00
1.9
Outdoor
Add service GFCI outlet near AC unit (within 1Oft of A/C unit)
$150.00
1.10
Outdoor
Replace concrete pad
$125.00
i.11 lindoor
Replace Furnace with similar sized new modern unit
$2,500.00
1.12
Indoor
Replace A/C air handler with similar sized new modern unit
$1,525.00
1.13
Indoor
Add pipes as needed to comply with IRC G2407.5 through G2407.5.3.2
$100.00
1.14
Indoor
Seal around pipelexhaust
$50.00
1.15
Indoor lAdd
sheet rock to HVAC cabinet ceiling
$225.00
1.16
Indoor JAdd
new thermostat
$250.00
Page I of 2
City of Round Rock
CDBG Home Repairs #4
IFB 21-024
Class/Item: 909-62
August 2021
Exhibit "A"
ATTACHMENT B
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 21-024
RESPONDENT'S NAME: Bradley Matejek- Owner
DATE: 09-16-2021
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.
1. Company's Name
San Antonio Housing Authority
Name of Contact
Stacie Stohner
Title of Contact
Construction Services Project Manager
E-Mail Address
Stacie_Stohner@saha.org
Present Address
818 S Flores St
City, State, Zip Code
San Antonio TX, 78204
Telephone Number
( 210 )477- 6177 Fax Number: ( )
2. Company's Name
San Antonio Housing Authority
Name of Contact
Keith Winslet
Title of Contact
Maintenance Superintendent
E-Mail Address
Keith_Winsett@saha.org
Present Address
818 S. Flores St
City, State, Zip Code
San Antonio TX, 78204
Telephone Number
( 210 ) 477-6177 Fax Number: ( )
3. Company's Name
Housing Authority of the City of Brownsville
Name of Contact
Korina Amador
Title of Contact
Procurement Manager
E-Mail Address
Kamador@hacb.us
Present Address
2606 Boca Chica Blvd
City, State, Zip Code
Brownsville, TX 78521
Telephone Number
( 956 ) 214- 1536 Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 12 of 13
Exhibit "A"
Solicitation: IFS 21.024
:K TEXAS
ADDENDUM
CITY OF ROUND ROCK, TEXAS
Addendum No: 1 Date of Addendum: September 7, 2021
This addendum is to incorporate the following changes to the above referenced solicitation:
I. Updated Attachment: Attachment A- Property Bid Sheet has been updated following the site visit on August 27,
2021. The new version has been loaded on to the City's website and noted with "UPDATED" in the file name.
II. Questions:
Q1: (Location #1) What is the source of the water leak — domestic water or wastewater? Will the City make the repair?
Al: The City Utilities Department has determined the leak is on the City's side. This item has been removed
from the bid sheet.
Q2: (Location #2) Please provide a specification for the replacement windows?
A2: Attachment A- Property Bid Sheet has been updated with additional Information.
03: (Location #2) Is the new garage door to be metal with insulated panels?
A3: Attachment A- Property Bid Sheet has been updated with additional information.
Q4: Can you please provide the addresses for the homes to assist with shipping costs?
A4: We do not publish the homeowner's addresses. The selected contractor will be provided the address
after contract approval. Both homes are within the 78664 zip code.
III. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
APPROVED BY: az 9/7/21
Adam Ga6non, Krchaser
Purchasing Office, 512-218-5456
By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced
solicitation.
ACKNOWLEDGED BY:
Bradley Matejek- Owner U� _ 09/16/2021
Name Authorizid Signatur 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.
EXHIBIT "B"
W9 FORM
10
(3(3
FGM W=9 Request for Taxpayer atre Fom to the
Imo. October 201e) Identification Number and Certification requester'. Do not
in duo ► ao to www frtr gov1FormKV for Insirtictlons and the latest information. send to the IRS.
1 N Your Income tax Is read an tide IbW do not [save Oft Itne blank.
2
st ad arMly name, H d0affift ftomiab&W-
3 Check approPrhft box for federal tax olessillw ran of the parson whose name Is entered on tune 1. Check only one of the
kftwbV seven boxes.
g ❑ IpropftW or ❑ c Coxpmaum ❑ S corporator► ® partnership ❑ Truwastate
*O&"Ornber LLC
®Urnited Why oompW. Enter the tax clash oatlon (G-C oorpwallon, hiss owporallm P-Parhrorahlp) * P
p NOW. Check the appropriate box In the fire above for the tax abmeflloadon of true shXO*4nembsr owner. Do not do*
LLC If the U.0 is t3awWW as a sbgtamernber LLC that tv dlstepandad from the owner ueniass the owner of the LLC Is
another LLC tier to not disregarded from rive owner for U.S. federal tax twrpoees Otherwise, a eb►pb-mend>ar Li C the
Is disregarded from the owner should cheek the apprapdate box for the tau olmM atkm of its owner.
OHM iota insbxrxdlrrns) P.8 ((wen r, stn►et, end apt. or eu Sea hmuedom Requastar's name
- - - `
Etter your TIN in Ifte appropriate box. The TiN provided must match the name given on line Ito avoid
backup withholding. For individuals. We Is generally your social security number 0". However. for a
resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other
entitles. it Is your employer Identification number (EIN). if you do not have a number, we Now to got a
774 later.
Note: if the account Is In more then one name, see the instructions for line 1. Also we What Name and
AftmberTO (Siva the Requester for guideiines an whose number to enter.
Under penalties of perjury. I cw* that:
4 Examplim (ootfes apply any to
ommtn enfltlss, not dudWuat we
to huallons an page
payeecode (N any)
aw mption from FATCA rep "M
coda (a air)
off"&.xar,er.raarna•canwe. u81
00
1. The number shown an this torn Is my owed taxpayer identification number (or I am waiting for a number to be Issued to met and
2.1 am not subject to backup wlthhalkft because: (a) I am exempt from backup wlthlx* tg, or (b)1 have not been notified by the internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a faWm to report all Interest or dividends, or (c) the [R8 has notified me that I am
no longer "Jett to backup wHhholdin; and
3.1 am a U.S. other or other U.S. person (defined beiowt and
4. The FATCA ooda(s) entered on this form (If anti) Intdlcating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 stove If you have been notified by the IRS that you are currency subject to backup vrtthhokJhup because
you have failed to report as Hand and dividends an your tact return. For reel estate try, Item 2 does not apply. For mortgage Interest paid,
acquisition or of �t cared property, cancellation of debt. to an individulal retirement arrangement (IRA), and generally, payments
other then interest and dfvEd you are not required tq tit the won, but you must prow your correct TIN. See the Instructims for Part U. later.
aeon al of
Hera I us. n►
Dena►
General Ins ations
Zu1s
• Form ION-DIV (dividends, Including those from stocks or muttraf
funds)
Sectionreferences are to the internalCode unless otherwise
not
. Form 1099-MISC (various types of Income, pries, awards, or gross
phi
Fut+us developments. For the latest information about devatopnm to
related to fort V" and its Instructions, such as legislation enacted
a Form log" (stock or mubtal fund sales and certain other
after they were pubilahed, go to www.k&gov1FoumM.
transactions by brokere)
. Form log" (Proceeds from real estate transactions)
Purpose of Form
• Foot 1 W9-K (merchant card and third party network transactions)
An individual or entity (Form W.9 requesterj who is required to file an
• Form 1099 (home mortgage InteresQ,10WE (student loan Interest),
information return With the IRS must obtain your correct taxpayer
109E-T Qdtlon)
Identification number mM which may be your socal security number
. Form 1099-0 (canceled debt)
MR, Individual taxpayer ideadfim*m number (ITIM, adoption
twtRlGr klentlkation number (ATIN), or employer Identification number
. Form 1099-A (acqulsltion or abandonment of secured property)
MR. to report on an fn% mm*m return the amount paid to you, or other
Use Form W-9 only If you are a U.S. person (Including a resident
amount reportable on an information retuum. Examples of Information
alien), to provide your correct TIN.
returns 1110luude, but are not limited to, the following.
ff you do not rehrm Form W-9 to the requester with a 77N, you might
• Form 10994NT Qntereat earned or paid)
be to backup w1M olc. See What to Backup withholding,
later
Cat. No.10231X Form W-9 {ttev. 10-201 e)
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a CDBG Community Development Housing Repair and
Rehabilitation Program Contractor Agreement with BR General Contractors, LLC
for property at 612 Spring Street.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/29/2021
Dept Director: Brad Wiseman
Cost: $15,250.00
Indexes: CDBG HUD Entitlement Grants
Attachments: CDBG Home Repairs #4 - Location ill SPRING STREET contractor agreement
Department: Planning & Development Services
Text of Legislative File CM-2021-286
Consider executing a CDBG Home Repair Contractor Agreement with BR General Contractors, LLC for
repairs at 612 Spring Street in the amount of $15,250. The contractor will be paid directly from CDBG
funds. The major work to be done on this property is replacement of HVAC/furnance, roof and water
damage repairs. The expected cost of the project is $15,250 and no more than $19,062.50 with any
necessary change orders.
Cost: $15,250
Source of Funds: CDBG Grant Funds
City of Round Rock Page 1 of I