CM-2022-166 - 7/15/2022COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) -
COMMUNITY HOUSING REPAIR AND REHABILITATION
HOMEOWNER AGREEMENT
This CDBG Commu� ousing Rep ' and Rehabilitation Homeowner Agreement
(Agreement), is made this day of 2022, between the CITY OF
ROUND ROCK, Texas, 221 East Main Street, Ro&nd RoA, Texas (CITY), and Bert G. Barber
and Sharon Barber, whose address 1503 East Mesa Park Drive, Round Rock, Texas 78664, Texas
(collectively the HOMEOWNER).
RECITALS
WHEREAS, the CITY has been awarded grant funds which may be spent by the CITY for
the provision of certain services authorized under the U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) Program; and
WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their
residence by providing a grant to pay a contractor for labor, materials and equipment to be utilized
in the rehabilitation; and
WHEREAS, HOMEOWNER has qualified for the rehabilitation of MESA RIDGE
SECTION 1, BLOCK G, LOT 4, a subdivision in Williamson County, Texas, also known as 1503
East Mesa Park Drive, Round Rock, Texas 78664, as specified in the Work Write -Up Bid
Document, attached hereto and incorporated herein as Exhibit "A".
NOW THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the CITY and HOMEOWNER agree as follows:
ARTICLE 1
GENERAL REQUIREMENTS
1.1 CITY will pay a contractor, by separate agreement attached hereto and incorporated herein
as Exhibit "C" (Contractor's Agreement), $24,965.00, (Contract Price) for labor, materials
and equipment utilized in the rehabilitation of HOMEOWNER's above -referenced
property, as specified in the Work Write -Up Bid Document. Funds will not be used to pay
HOMEOWNER or members of its family.
1.2 The Contract Price and any approved change orders will not total more than $31,206.25.
ARTICLE 2
HOMEOWNER'S RESPONSIBILITIES
2.1 HOMEOWNER has qualified for a grant under the Low to Moderate Income guidelines as
set forth in Section 8, Income Limits established and amended annually by HUD, attached
hereto and incorporated herein as Exhibit "B".
4882-5559-4792lss2
2.2 HOMEOWNER has resided in and been the owner(s) of the residence to be rehabilitated
for at least one (1) year prior to the submission of its application.
2.3 The residence to be rehabilitated is not located in a flood zone area as defined in CITY's
Flood Insurance Map, produced by the Federal Emergency Management Agency, or if it is
located in a flood zone, HOMEOWNER has sufficient flood insurance, which
HOMEOWNER will keep current for at least five (5) years after receiving the award.
2.4 All property taxes on the property are paid up to date, including CITY, County and
applicable School District Taxes.
2.5 The residence is not under a Contract for Deed, or any similar purchase agreement, in
which HOMEOWNER does not obtain legal title until final payment is made.
HOMEOWNER has not received HUD Program assistance for the preceding five (5)
years.
2.6 HOMEOWNER understands and agrees that the work performed by contractor will be
inspected by the Construction Advisor, as defined in the City of Round Rock Housing
Repair and Rehabilitation Program Policies and Procedures, and a City Inspector before
any funds are paid out and the rehabilitation is completed.
ARTICLE 3
OTHER PROGRAM REQUIREMENTS
3.1 DISCRIMINATION. HOMEOWNER will not exclude any person from participation in,
deny the benefits of or subject the person to discrimination under any of the contractor's
activities while receiving federal financial assistance on the grounds of race, color,
religion, sex, national origin, age or disability.
3.2 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY,
MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No
member, officer, or employee of CITY, or its designees or agents, no member of the City
Council, and no other public official of CITY during his/her tenure or for one (1) year
thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with the program assisted under
this Agreement.
3.3 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this
Agreement will not be used in payment of any bonus or commission for the purpose of
obtaining CITY approval of the application for such assistance.
3.4 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts
or failures to act by either party to this Agreement, any applicable statute of limitations
will commence to run and any alleged cause of action will be deemed to have accrued in
any and all events when the party commencing said cause of action knew or should have
2.
known of the existence of the subject act(s) or failure(s) to act.
3.5 INDEMNIFICATION. HOMEOWNER will defend, indemnify, and hold CITY, its
successors, assigns, officers, employees and elected officials harmless from and against
all suits, actions, legal proceedings, claims, demands, damages, costs, expenses,
attorney's fees, and any and all other costs or fees arising out of, or incident to,
concerning or resulting from this Agreement, no matter how, or to whom, such loss may
occur. Nothing herein will be deemed to limit the rights of CITY or HOMEOWNER
(including, but not limited to the right to seek contribution) against any third party who
may be liable for an indemnified claim.
3.6 CHANGE ORDERS. HOMEOWNER expressly agrees that no material changes or
alterations in the Work Write -Up Bid Document or Contract Price provided above will be
made unless in writing, mutually agreed to by HOMEOWNER and the CONTRACTOR,
and authorized by CITY.
3.7 TERMS. All references in this Agreement to any particular gender are for convenience
only and will be construed and interpreted to be of the appropriate gender. For the
purposes of this Agreement the term "will" is mandatory.
3.8 SEVERABILITY. Should any provision in this Agreement be found or deemed to be
invalid, this Agreement will be construed as not containing such provision, and all other
provisions which are otherwise lawful will remain in full force and effect, and to this end
the provisions of this Agreement are declared to be severable.
3.9 PUBLIC INFORMATION ACT. The City of Round Rock is governed by the Texas
Public Information Act, Chapter 552 of the Texas Government Code. This Agreement
and all written information generated under this Agreement may be subject to release
under this Act.
ARTICLE 4
SUSPENSION AND TERMINATION
4.1 If HOMEOWNER fails to fulfill in a timely and proper manner their obligations under
this Agreement, or violates any of the terms or conditions of this Agreement, then
HOMEOWNER will have ten (10) days from the date it receives written notice from
CITY directing it to cure or correct the defects or failures to comply. Should
HOMEOWNER fail to make corrections as directed by CITY, and such breach of
contract results in a violation of federal law or regulation for which CITY receives a
demand of reimbursement of grant funds from HUD or its successor, CITY may
terminate this Agreement immediately, and may recover from HOMEOWNER the
amount sought by HUD for reimbursement, up to the full amount of the award.
4.2 HOMEOWNER will not be relieved of the liability to the CITY for damages sustained by
CITY by virtue of any breach of this Agreement by HOMEOWNER.
3.
4.3 If CITY becomes aware of any HOMEOWNER activity which could jeopardize CITY's
position with HUD and cause CITY to return CDBG funds or other federal funds
received by CITY, CITY may take appropriate action, including injunctive relief against
HOMEOWNER, to terminate or prevent the activity. Failure of CITY to exercise this
right will not constitute a waiver by CITY of its right to demand payment or to seek any
other relief in law or in equity to which it may be entitled.
ARTICLE 5
ATTORNEY'S FEES
5.1 Any party to this Agreement who prevails in any legal proceedings between the parties
regarding this Agreement will be entitled to recover court costs and reasonable attorney's
fees from the non -prevailing party.
ARTICLE 6
VENUE AND REMEDIES
6.1 This Agreement is governed by the laws of the State of Texas. Exclusive venue for any
dispute arising under this Agreement is in Williamson County, Texas.
ARTICLE 7
SUCCESSORS AND ASSIGNS
7.1 CITY and HOMEOWNER, respectively, bind themselves, their successors, assigns and
legal representatives to the other party to this Agreement and to the successors, assigns
and legal representatives of the other party with respect to all covenants of this
Agreement. Neither CITY nor HOMEOWNER will assign, sublet, or transfer any
interest in this Agreement without the written consent of the other.
ARTICLE 8
ENUMERATION OF CONTRACT DOCUMENTS
8.1 This Agreement represents the entire and integrated agreement between CITY and
HOMEOWNER for the work specified in Exhibit "A" and supersedes all prior
negotiations, representations or agreements either written or oral. This Agreement may
be amended only by written instrument signed by CITY and HOMEOWNER. The
Agreement contains the following exhibits attached to and incorporated in this
Agreement for all purposes:
(1) Work Write -Up Bid Document (Exhibit "A")
(2) HUD Section 8 Income Limits (Exhibit "B")
(3) Contractor's Agreement (Exhibit "C")
[Signatures are on the following page.]
4.
This Agreement is effective as of the date first written above.
HOMEOWNER:
Bert G. Barber
A.
�A
CITY:
City of Round Rock, Texas
Laurie Ha ey, City M4Wager
EXHIBIT "A"
WORK WRITE-UP BID DOCUMENT
EXHIBIT "B"
INCOME LIMITS FY 2022
MAXIMUM INCOME CHART
Household Size
Maximum Income 80% of the Area Median
1 person
$61,800
2 persons
$70,600
3persons
$79,540
4 ersons
$88,250
5 persons
$95,350
6 persons
$102,400
7 persons
$109,450
8 persons
$116,500
Source: U.S. Department of Housing & Urban Development. These income figures are
subject to change annually.
7.
EXHIBIT "C"
CONTRACTOR'S AGREEMENT
S.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) -
COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM
CONTRACTOR AGREEMENT
This CDBG Community Housing Repair and Rehabilitation Program Contractor
Agreement (Agreement), is made this day of _ , 2022, between the
CITY OF ROUND ROCK. Texas. 221 East Main Street. Round Rock. Texas ("CITY"). and
FARNUM ENTERPRISES, INC., dba B&O Construction, 16238 Highway 620. Suite F-405,
Austin. "I'x 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 I'or labor, materials and equipment to be
utilized in the rehabilitation of MESA RIDGE SECTION 1, BLOCK G, LOT 4, Williamson
County, Texas, also known as 1503 East Mesa Park, Round Rock, "Texas 78664 (the "Property"),
as specified in the CITY'S Invitation for Bid designated IFB No. 22-0019 and CONTRACTOR's
BID RESPONSE, for CDBG Home Repairs Location 91 (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 acknoAledged, CITY and CONTRACTOR agree as follo►4s:
ARTICLE 1
GENERAL REQUIREMENTS
1.1 CITY %%ill pay CONTRACTOR Twenty -Four Thousand Nine Hundred Sixty -Five and
No/100 ($24,965.00) ("Contract Amount"). Funds will not be used to pay the homeo%kner
or members of its family.
1.2 PaN ment ,� iil be made bN CITY for all %pork described in the Bid Document after all of
Such %%ork is found to be satisfactorily completed and inspected by the Construction
4870-625 1- 164;6 ,�'
Advisor. as defined in the City of Round Rock Minor Home Repair Program Policies and
Procedures. and the CCTV Inspector. CITY will pay CONTRACTOR for work in
accordance with CITY'S Prompt Payment Policy. as defined in the City of' Round Rock
2022 Community Ilousing 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 "ill not total more than the
amount of $6.241.25.
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 he responsible for obtaining the
building permit.
2.2 CON I RACTOR understands that it is solely responsible for meeting the terms and
conditions of this Agreement. If CONTRAC,I'OR 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 he
completed before any funds w ill be paid out.
2.4 CONTRACTOR understands that the job w ill be inspected by a CITY Inspector and
Construction Advisor before any funds w ill be paid out.
2.5 CITY will provide a Notice to Proceed to CON f RAC I OR to commence work.
CON TRACTOR agrees to start work within thirty (30) calendar days after receipt of the
Notice to Proceed. It' CONTRAC ICOR fails to commence work within thirty (30) days
tom the date on the Notice to Proceed. CITY will have the right to terminate this
Agreement, by providing a written notice ol-termination to CON I -RAC TOR.
2.6 CON I'RAC I'OR agrees to complete the "ork within ninety (90) days from the date of the
Notice to 11'rocecd. If completion is delayed For reasons beyond the CONTRAC I OR's
control. CONTRACTOR will provide timel\ notice to CITY of the reasons for such delay.
11'such good cause is claimed by CONTRAC I OR, it w011 be CONTRAC FOR'S obligation
to substantiate its claim by adequate: documentation.
2.7 CON I RACTOR affirms that it has not been debarred from performing Federal contract
work.
ARTICLE 3
OTHER PROGRAM REQUIREMENTS
3.1 PERMITS AND CODES. CONTRAC I OR 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 ( l )
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 I31D. CONTRACTOR acknov%ledges that it has prepared the laid 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 RF:MOVAI. OI DEBRIS. Upon completion of N�ork 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 SUI3CON I -RAC fORS. CON I RAC IOR agrees that alt the N�arranties contained herein
will apply to all v%ork performed under this Agreement_ including that performed by any
Subcontractor~_
3.7 FRAUDULENT ACA-S. 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 �6th any other bidder,
firm, or person to submit a collusive or sham bid in connection ►pith 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, EMPI.OYFF:S OF PUBLIC BODY,
MEMBERS OF LOCAL GOVERNING BODY. OR 01-HFR 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 kne%A or should have
known of the existence of the subject act(s) or failures) 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 CONIRACTOR's agents,
employees, or subcontractors. in the performance of CONTRACT'OR'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 part% %%ho may be liable for an indemnified
claim.
3.12 CHANGE ORDERS. CONTRACTOR expressly agrees that no matcrial changes or
alterations in the Bid Documents or price provided above will be made unless in %%ritinv.
mutually agreed to by the homeo�4ner and CONT"RAC I OR. and authorised b} Cl I'}'_
4
3.13 I-ERMS. All references in this Agreement to an; 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 ofthis Agreement are declared to be severable.
3.15 PUBLIC INFORMATION ACT. 'Fhe CITY is governed by the Texas Public Information
Act, Chapter 552 of the Texas Government Code. This Agreement and all written
information generated tinder this Agreement may be subject to release under this Act.
3.16 PERFORMANCL. 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 tiled 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 "13- to fulfill reporting requirements
with the Internal Revenue Service.
ARTICLE 4
SUSPENSION AND TERMINATION
4.1 If CON'I-RAC-I'OR 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
CONTRAC-I'OR will have ten (10) days from the date it receives written notice from
CITY directing it to cure or correct the defects. If CONTRACTOR fails to cure or
correct the defects as required by this agreement. CH Y will have the right to terminate
this Agreement and to select a substitute CON'I-RACTOR. If the expense of finishing the
work exceeds the amount of this Agreement, CON i-RACFOR will pay the difference to
CITY. Should CON] RAC FOR fail to make corrections as directed by CITY. and such
breach of contract results in a violation of federal law or regulation t<)r which CH'Y
receives a demand of reimbursement of grant funds from HUD or its successor. CI 'Y
may terminate this Agreement immediately. and may rect)ver from CONTRACTOR the
amount Sought by IIUD for reimbursement, up to the full amount of funcl,
CON I RAC FOR received from Cl I Y.
5
4.2 CONTRAC R)R will not be relieved of the liability to CITY for damages sustained by
the CITY by , irtue of any breach of this Agreement by CONTRACTOR. CITY may
withhold pay ment to CONTRACTOR until the amount of monetary damages due Cl I Y
from CONTRACTOR is determined.
4.3 11' CITY becomes aware of any CONTRACTOR activity which could jeopardise CITY'S
position with HUD and cause CITY to return CDBG finds 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 lave or in equity to which it may be entitled.
ARTICLE 5
PAYMENTS
5.I 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
ATTORNEV'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. I xCIUSIve venue for any
dispute arising tinder 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 CI'I Y.
as amended, and w ith all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
8.2 1 n accordance w ith Chapter 2271, "Texas Gov ernment Code. a goy ernmental entity Ina%
not enter into a contract vv ith a company 6or goods and ser% ices unless the contract
contains written verification from the company that it: ( l ) does not boycott l,rael, and (?)
will not boycott Israel during the term of this Agreement. The signatory exeeuting this
A-reement on behalf' of CONTRACTOR verifies CONTRACTOR does not boycott
Israel and %%iII not boycott Israel during the term ofthis Agreement.
ARTICLE 9
SUCCESSORS AND ASSIGNS
9.1 CI l'Y and CONTRAC'I'OR, 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 CON I'RACTOR'S assignment of mechanic's lien contracts and
mechanic's lien notes to the a Y 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. Jhe
Agreement contains the following exhibits attached to and incorporated in this
Agreement for all purposes:
(1) Bid Document (Exhibit "A")
(2) W9 I;orm (Exhibit -13").
ARTICLE 1 i
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 or tile
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 Iollowing page.[
7
This Agreement is effective as of the date first written above.
CONTRACTOR:
FARNUM ENTERPRISES, INC.
dba B&O Construction
Name
Title
N
CITY:
CITY OF ROUND ROCK
Laurie Hadley, City Manager
EXHIBIT "A"
BID DOCUMENTS
Exhibit "A"
:K 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
SOLICITATION NUMBER 22-019
MAY 2022
City of Round Rock Exhibit „A"
CDBG Home Repairs
iFB 22-019
Class/Item 909-62
MAY 2022
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS
PART I
GENERAL REQUIREMENTS
PURPOSE: The City of Round Rock. herein after 'the City' seeks bids from firms exper!enced ,n home
repair to provide all material. labor and services to repair three 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.
SOLICITATION PACKET: This solicitation packet is comprised of the following -
Description
Index
Part I — General Requirements
Page(s) 2-6
Part 11 — Definitions, Standard Terms and Conditions and
Insurance Requirements
Page 7
Part III -- Supplemental Terms and Conditions
Page(s) B-10
Part IV — Scope of Work
Page 11
Attachment A — Bid Sheet
Page 12
Attachment B — Reference Sheet
Page 13
Attachment C — Subcontractor information Form
Page 14
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 CONTACT(S): For questions or clarification of specifications you may
contact,
Adam Gagnon
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5456
E-mail: agagnon(a)roundrocktexas,pov
Amanda Crowell
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5458
E-mail: acrowel l(a)-roundrocktexas.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 representat-ve may be contacted about this solicitation prior to
contract approval No authority ;s intended or ,mplied 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.
City of Round Rock Exhibit "A"
CDBG Home Repairs
IFB 22-019
Class/Item 909-62
MAY 2022
5. SCHEDULE OF EVENTS: It is the City's intention to fo,low the solicitation timeline below
EVENT
DATE
Solicitation released
May 11th, 2022
Mandatory Pre -Bid meeting 1 site visit
May 24th, 2022@ 9:OOAM, CST
Deadline for submission of questions
May 30th 2022 @ 5.00 PM, CST
City responses to questions or addendums
Approx June 3rd, 2022 @ 5 00 PM CST
Deadline for submission of responses
June 16th. 2022 @ 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
https //www roundrocktexas powc.ty-bus nesseslsohcitationsl
Questions shall be submitted in writing to the "Authorized Purchasing Contact" 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;'city-businesses/solicitations:
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https.//www.roundrocktexas Qov/city-businessesrsoiicitationsi 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 1 SITE VISIT AND INSPECTION: A pre -bid meeting 1 site visit, and
inspection will be conducted to fully acquaint Respondents with the facilities, difficulties and/or restrictions
inherent in the services specified. The pre -bid meeting 1 site visit will be conducted on the date specified in
PART I Section 5 - Schedule of Events.
A Attendance at the pre -bid meeting / site visit 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 and site visit tour which shall
initially begin at
City Hall Council Chambers
221 East Main Street
Round Rock, Texas 78664
B Respondents will be responsible for their own transportation for the site visit tour.
C A list of locations and addresses w.11 be distributed at City Hall
D Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre -
bid meeting / site visit
E It is the responsibility of the Respondent to examine each facility and determine quantity, amounts, take
precise measurements determine material requirements equipment requirements, labor requirements
and other solicitation related details during said inspections
B. 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 Mad or hand deliver sealed responses to
City of Round Rock
Attn: Adam Gagnon
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
City of Round Rock Exhibit "A„
CDBG Home Repairs
IFB 22-019
Class/Item 909-62
MAY 2022
A Sealed responses shall be clearly 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 wilt be returned unopened if a return address is provided
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 An electronic signature on the -original' solicitation response is
acceptable but any resulting contract shall be signed in ink 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 Respondents expense and shall become the property of the City
This invitation for bid (IFB) 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 shall 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 https Nww_w roundrocktexas govfcity-businesses/solicitations/ for any updates pertaining to
the solicitation
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 If there is a conflict between the unit price and extended price, the unit price will take
precedence. Submission of responses on forms other than the City's solicitation document may result in
disqualification of the response.
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
., 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
City of Round Rock Exhibit "A"
CDBG Home Repairs
IFB 22-019
Classlltem 909-62
MAY 2022
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 t,sted in the solicitation
H If the solicitation is evaluated with points the respondent must earn a minimum of 15 points on crderia
not related to cost in order to be considered for contract award
Respondents may be contacted for clarification of b!d andror to discuss details of the services they are
proposing
11. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchassng 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:
https.//www.ethics.state tx uslwhatsnewlelf 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, City Consultant, 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
15. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock ("City'). in
consultation with the City Attorney shall have the authority to settle or resolve any dispute concerning the
solicitation or award of a contract The Purchasing Manager may solicit written responses to the protest
from other interested parties The aggrieved person must prepare his or her complaint in writing and send it
by electronic mail to the City's Purchasing Department at ¢rotest(a)roundrocktexas goy
In the event of a timely protest. the City shall not pr;:ceed further with the solicitation or award of a contract
unless it is determined that the award must take p?ace without delay, to protect the best interests of the City
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below If you fail to
comply with any of these requirements. the Purchasing Office may dismiss your complaint or protest
City of Round Rock Exhibit "A"
CDBG Home Repairs
IFB 22-019
Class/Item 909-62
MAY 2022
A Prior to Offer Due Date: If you are a prospective offeror for the award of a contract ('Offeror'} and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before
the due date for receipt of offers in response to a solicitation ("Offers"). you must notify the City in
writing of the alleged deficiency before that date, giving the City an opportunity to resolve the situat-.on
prior to the Offer due date.
B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a
deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation
process or the recommended award as follows
You must file a written notice of your intent to protest within four (4) working days of the date that
you know or should have known of the facts relating to the protest If you do not file a written notice
of intent within this time, you have waived all rights to protest the solicitation process or the award
i You must file your formal written protest within ten (10) working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A) above.
iii You must submit your protest in writing and must include the following information
a your name, address, telephone number, and email address.
b. the solicitation number.
c a specific identification of the statutory or regulatory provision that you are alleging has been
violated.
d a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e. a statement of any issues of law or fact that you contend must be resolved, and
f a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the
Purchasing Manager, with assistance from the City Attorney, shall make one of the following
determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination The City will prepare updated
solicitation documents and will re -solicit
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination However, the awarded contract will not
be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent
City staff.
iv. A determination will usually be made within fifteen (15) business days after receipt of the forma]
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
City of Round Rock Exhibit "A"
CDBG Home Repairs
IFB 22-019
Class/item 909-62
MAY 2022
PART II
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 and 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 These can be obtained from the City's website at
https llwww roundrocktexasgov,'city-departmentslpurchasing:'. In addition the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract
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 http//www roundrocktexas.gov/city-departmentslpurchasingl
City of Round Rock Exhibit "A"
CDBG Home Repairs
IFB 22-019
Class/item 909-62
MAY 2022
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
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. RESPONDENT QUALIFICATIONS: 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 residential home
repair 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
Respondents 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.
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 Contractor, 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 Resowtion 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 22-019 CDBG Home Repa rs
on the City of Round Rock website at:
https://www roundrocktexas qov/city-businesseslsolicitations:
5. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
stale, 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
City of Round Rock Exhibit "A"
CDBG Home Repairs
IFB 22-019
Class/Item 909-62
MAY 2022
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
6. WORKFORCE: Successful Respondent shall
A Ensure Respondent's employees perform the services in a timely, professional, and efficient manner
B Ensure Respondents employees. while working on City property wear a company uniform that clearly
identifies them as the Respondent's employee
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 permits,
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
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 webs.te
at https_I/www_roundrocktexas govlcdv-bus.nesses?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 The method to provide a smooth and orderly transition of services performed from the cvf rent
contractor
B Provide City contact(s) information for implementation of agreement
C Identify specific milestones, goals and strategies to meet objectives
City of Round Rock Exhibit ',A"
CDBG Home Repairs
IFB 22-019
Class/Item 909-62
MAY 2022
U. POINT OF CONTACT / 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
Elizabeth Alvarado
Coordinator - CDBG
Planning & Developmental Services
Phone: 512-341-3328
E-mail: eatvarado(a)-roundrocktexas.gov
fx._ - . hA _4, 1 1
City of Round Rock Exhibit "A"
CDBG Home Repairs
IFS 22-019
Class/Item 909-62
MAY 2022
PART IV
SCOPE OF WORK
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. PURPOSE: 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 homeowners 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 Cfty wall -
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 pant was detected.
City of Round Rock Exhibit "A"
CDBG Home Repairs
IFB 22-019
Class/Item 909-62
MAY 2022
ATTACHMENT A
BID SHEET
ATTACHMENT A — BID SHEET is posted in Solicitation Documents for IFB 22-019 CDBG Home Repair in
an Excel format on the City of Round Rock website at
https ::www roundrocktexas gov/city-businesses.-so .citations.
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 he/she 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. https /froundrovktxvendors munfsse'fservice.com/Vendors/default asax
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.
Attachment A- UPD4 ED Bid Sheet
Solicitation Number: IFB 22-019
Solicitation Description: CDBG HOME REPAIRS
,the Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the
)ondent to fully comply with the solicitation documents contained in IFB No 22-019 CDBG Home Repairs 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 the budget may not include
all repairs listed per location.
NOTE: You must bid all fine iterns for a location. Only 1 contracoo will be awarde
Location #1
LINE AREA DESCZMPTION `'" z ": LINE,ITEM.TOTAL
LIVING ROOM
1.1
Ceiling
Refasten drywall.
$450 00
1 2
Ceiling
Retape drywall
$1 745 00
1.3
Ceiling
Paint entire ceiling Match _o or an,4 'ex}t a to walls as best as possible
$1,075 00
Homeowner to approve color.
" 3A
Ceiling
Re.pai: cracks i, r.a-s a..d corer pops
$95 00
WINDOWS
-�
Replace 6 windows with double pane energy efficient replacement windows
Like for like. Must meet all local and state energy requirements - 2015 IRC
II A
Windows
Repairtreplace and paint the outside wood trim Like for like.(Contractor to
$5,300 00
measure all windows). Bathroom window with frosted glass will not be
replaced.
1.4A
W..-J0..ws
Repa{r from: ;l_ef:'; mi-clDw sill. Remove row of brick so win ic•,v -.Fill pr-apa
$875 00
dra n water awa} and paint to matuh
SIDING
AND FASCIA
1.5
Sides and Rear of
Replace with like siding or smartside Paint (2 coats) and leave extra paint with
House
homeowner.
$18,585 00
1.6
Entire House
Replace rotting and damaged sections of facia.
$1,332 00
HVAC
1.7
Outdoor
Replace outdoor AC Unit. Contractor must calculate size of unit based on
home size. The existing unit may be too small Huuse = -opc,< ' ^8'
$3,750 00
1.8
Outdoor
Add code required (2015 IRC) disconnect for A/C unit
$600 00
1.9
Outdoor
Add service Gf CI outlet near AC unit (within 25ft of A1C unit)
$300 00
1.10
Outdoor
Replace concrete pad.
$120 00
1.11
Indoor
Bring entire cabinet up to code Opening 12 from bottom and 12" and to
$475 00
1.12
Indoor
Replace A/C air handler and furnace
$6,975 00
1.13
Indoor
Replace thermostat.
$222 00
Front Porch and Walkway
1.14
Porch Rip up existing concrete porch and replace with level surface
$930 00
Paver W lkway Remove existing pavers and replace with concrete walkway Approx 12 feel
1 $2 370 00
TOTAL $45.199 00
COMPANY NAME Farnum Enterprise&4nc. dba BAO Construction
SIGNATURE OF
AUTHORIZED I Pave I of I . I
Attachment A- Er, Bid Sheet
Solicitation Number: IFB 22-019
Solicitation Description: CDBG HOME REPAIRS
PRINTED NAME Paul Famum
NE NUMBER 512-989-6222
EIVI L ADDRESS
I244P.- 1 .,,'.1
IFB 22-019 CDBG Home Repair
Location #1
July 8, 2022
The City's cap for CDBG homes is $25,000. Per Part III, Section 10, 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.
The total bid for all lines for location #1 came in at $45,199 00
The City will not be authorizing the work on line 1.3A.
The City will not be authorizing the work on line 1.5.
The City will not be authorizing the work on line 1.6.
The City will not be authorizing the work on line 1.13
The new total for location #1 will be $24,965.00
Adam Gagnon, CPPB
Purchaser
Exhibit "A"
City of Round RDck
CDBG Home Repairs
IFB 22-019
—� Class/Item:909-62
MAY 2022
ATTACHMENT B
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 22-019
RESPONDENT'S NAME: famum Enterprises, Inc dba B&O Construction DATE: June 16, 2022
Provide the name, address. telephone number and E-MAIL of at least three (3) valid Municipal, Government
agencies ar 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
Texas Division of Emergency Management
Name of Contact
Sandra Fulenwider
Title of Contact
Division Chief, Facilities -
E-Mail Address
Sandra Fulenwider@tdem texas gov
Present Address
1033 La Posada Dr•ve
City, State, Zip Code
Austin, TX 78752
Telephone Number
( 512 ) 424-2102 Fax Number: ( ) NA
2, Company's Name
KPG Commercial
Name of Contact
Taylor Langford
Title of Contact
Director of Property Management
E-Mail Address
taylor@kpgcommeraal corn T
Present Address
3809 S. 2nd St. Suite D-200
City, State, Zip Code
Austin, Tx 78704 Y
Telephone Number
( 512 ) 441.1062 Fax Number: ( ) NA
3, Company's Name
Cashman& Wakefield
Name of Contact
Enc Smith
Title of Contact
Senior Director Market Lead_
E-Mail Address
_
eric smithScushwake corn
Present Address
200 west Cesar Chavez St. Ste 300
City. Otate, Zip Code
Austin. TX 78701
Telephone Number
( 512 ) 474.2400 Fax Number: ( ) NA
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 13 of 14
Exhibit "A"
City of Round Rock
CDBG Home Repairs
IFB 22-019
Class/Item: 909-62
MAY 2022
ATTACHMENT B
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 22-019
RESPONDENT'S NAME: Famum Enterprises, Inc. dba 880 Construction BATE:
June 16, 2022
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.
t , Company's Name
Omninel Property Management Inc
Name of Contact
Betsey Perkins
Title of Contact
Property Administrator
E-Mail Address
betseyp@omninet.com
Present Address
7600 Chevy Chase Drive, Ste 101
City, State, Zip Code
Austin, TX 78752
Telephone Number
( 512 ) 452-1636
Fax Number: ( ) NA
2, Company's Name
Austin State Support_edLiv_in_g Center_
Name of Contact
t inda Ruiz
Title of Contact
Project Manager
T
E-Mail Address
iinda.ruiz@dads.state tx us
Present Address
2203 W 35th
City, State, Zip Code
Austin, TX 78703
Telephone Number
( 512 ) 474-6039
Fax Number: ( ) NA
3. Company s Name
Austin State School
Name of Contact
Tony Hackney
Title of Contact
Project Manager
E-Mail Address
tony hackney@hhsc state tx us
Present Address
2203 W 35th
City, State, Zip Code
Austin, TX 78703
Telephone Number
( 512 ) 206.5893
Fax Number: ( ) NA
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 13 of 14
Exhibit "A"
City of Round Rock
CDBG Horne Repairs
IFB 22-019
Classlltem: 909-62
MAY 2022
ATTACHMENT C
SUBCONTRACTOR INFORMATION FORM
COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 22-019
RESPONDENT'S NAME: Farnum Enterprises, Inc dba BOO Construction DATE: .tune 16 2022
• 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 information below
1 . Subcontractor Name
Mercury Electric
Name of Contact
tan Roils, Owner
E-Mail Address
ian@mercuryelectricinc.com
Address
401 Lone Man Creek Drive
City, State, Zip Code
Wimberiey, TX 78676
Telephone Number
( 512 ) 434-9280 Fax Number: ( NA
Describe work to be
_
performed
Electrical
Percentage of contract
06 ova
work to be performed
2. Subcontractor Name
Throne Plumbing Services
Name of Contact
Daniel Hacker
Title of Contact
Owner
E-Mail Address
throneplumbingserv-ces@gmail wm
Address
4746 IN State Highway 29
City, State, Zip Code
_
Llano, TX 78643
Telephone Number
( 512 Y93-55ra Fax Number:
Describe work to be
performed
Plumbing
Percentage of contract.
03
work to be performed
Add additional pages as needed
Paee 14 of 14
Exhibit "A"
City of Round Rock
CDBG Home Repairs
IFS 22-019
Ciasstltem. 909-62
MAY 2022
ATTACHMENT C
SUBCONTRACTOR INFORMATION FORM
COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 22-019
RESPONDENT'S NAME _-
Farmum Enterprises. Inc dba DATE: June t6. 2022
_ -_-
CIRCLE ONE - NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO
YES, l INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT YES
S yes campiete the information below
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 perfonmed
2. 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
Yawn HeatEna & A/C. Inc
Wesley Yawn
YAWNT ATT.NET
1807 Eclipse Cove
Cedar Park, TX 78613 _
512 ) 750-7395 Fax Number: ( ) NIA
HVAC
20 %
Add additional pages as needed
Fax Number.
Page 14 of 14
EXHIBIT "B"
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ROUND ROCK
TEXA5
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a CDBG Community Housing Repair and Rehabilitation
Homeowner Agreement with Bert G. Barber and Sharon Barber for property at
1503 East Mesa Park, Round Rock, Texas 78664,
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/15/2022
Dept Director: Brad Wiseman
Cost: $24,965.00
Indexes: CDBG HUD Entitlement Grants
Attachments: HOMEOWNER AGREEMENT HOME REPAIR 1503 EAST MESA PARK DR, LAF -
CDBG Home Repair Homeowner Contract - Barber 1503 East Mesa Park Dr
Department: Planning & Development Services
Text of Legislative File CM-2022-166
Consider executing a CDBG Community Housing Repair and Rehabilitation Homeowner Agreement with
Bert G. Barber and Sharon Barber for property at 1503 East Mesa Park, Round Rock, Texas 78664 in the
amount of $24,965. Mr. and Mrs. Barber applied and met all the requirements to be eligible for the CDBG
home repair program. Improvements to her home include replacement of all windows, HVAC system and
some ADA improvements. The total cost of the project is expected to be $24,965 and not to exceed
$31,206.25 with any necessary change orders. The selected contractor to do this work is Farnum
Enterprises dba B&O Construction.
Cost: $24,965
Source of Funds: CDBG Program Funds
City of Round Rock Page 1 of 1