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CM-2022-168 - 7/15/2022COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION HOMEOWNER AGREEMENT This CDBG Communit}t Housing Repai d ehabilitation Homeowner Agreement (Agreement), is made this day of 2022, between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas (CITY), and Maria C. Robles, whose address 609 Chisholm Valley Drive, Round Rock, Texas 78681, Texas (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 CHISHOLM VALLEY SECTION 3, BLOCK K, LOT 15, a subdivision in Williamson County, Texas, also known as 609 Chisholm Valley Drive, Round Rock, Texas 78681, 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), $24,845.00, (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 $31,056.25. 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". 4882-5559-47921ss2 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 known of the existence of the subject act(s) or failure(s) to act. 2. 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. 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 3. received by CI'-'Y, 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.] Maria C. Robim fi le+, 013 1 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 $61800 2 penons $70 600 3 persons $79 540 4 persons $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. EXHIBIT "C" CONTRACTOR'S AGREEMENT 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, Tx 78717 ("CONTRACTOR"). RECITALS WHEREAS, CITY has been awarded grant funds which may be spent by CITY for the provision of certain services authorized under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a grant to pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, CITY 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 CHISHOLM VALLEY SECTION 3, BLOCK K, LOT 15, Williamson County, Texas, also known as 609 Chisholm Valley Drive, Round Rock, Texas 78681 (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 #2 (collectively the "Bid Documents"), attached hereto and incorporated herein as Exhibit "A," by reference for all purposes; NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and CONTRACTOR agree as follows: ARTICLE I GENERAL REQUIREMENTS 1.1 CITY will pay CONTRACTOR Twenty -Four Thousand Eight Hundred Forty -Five and No/100 ($24,845.00) ("Contract Amount"). Funds will not be used to pay the homeowner or members of its family. 4887-9292-4712?ss2 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 Advisor, as defined in the City of Round Rock Minor Home Repair Program Policies and Procedures, and the CITY Inspector. CITY will pay CONTRACTOR for work in accordance with CITY'S Prompt Payment Policy, as defined in the City of Round Rock 2022 Community Housing Repair and Rehabilitation Program Policies and Procedures. 1.3 CONTRACTOR will not deviate from the work described in the Bid Documents without a change order from CITY. Any such change order will be included in an amendment to this Agreement. The Contract Amount and any change orders shall not exceed a total amount equal to a twenty-five (25) percent increase in the original Contract Amount. 1.4 The Contract Amount and any approved change orders will not total more than the amount of $6.21 1.25. 1.5 All work specified in the Bid Documents will be satisfactorily completed within ninety (90) days from the date of the Notice to Proceed. 1.6 There shall be no Bid Document line item deletions. ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES 2.1 CONTRACTOR will ensure that all work performed under this Agreement is permitted and inspected by CITY's Building Inspection Division. CONTRACTOR agrees to be duly licensed under CITY ordinances and State laws and be responsible for obtaining the building permit. 2.2 CONTRACTOR understands that it is solely responsible for meeting the terms and conditions of this Agreement. If CONTRACTOR fails to properly perform or complete any of the work specified in the Bid Documents, CONTRACTOR will not receive funding for any work that is found to be improperly performed or incomplete. 2.3 CONTRACTOR understands that all work described in the Bid Documents must be completed before any funds will be paid out. 2.4 CONTRACTOR understands that the job will be inspected by a CITY Inspector and Construction Advisor before any funds will be paid out. 2.5 CITY will provide a Notice to Proceed to CONTRACTOR to commence work. CONTRACTOR agrees to start work within thirty (30) calendar days after receipt of the Notice to Proceed. If CONTRACTOR fails to commence work within thirty (30) days from the date on the Notice to Proceed, CITY will have the right to terminate this Agreement, by providing a written notice of termination to CONTRACTOR. 2.6 CONTRACTOR agrees to complete the work within ninety (90) days from the date of the Notice to Proceed. If completion is delayed for reasons beyond the CONTRACTOR's control, CONTRACTOR will provide timely notice to CITY of the reasons for such delay. If such good cause is claimed by CONTRACTOR, it will be CONTRACTOR'S obligation to substantiate its claim by adequate documentation. 2.7 CONTRACTOR affirms that it has not been debarred from performing federal contract work. ARTICLE 3 OTHER PROGRAM REQUIREMENTS 3.1 PERMITS AND CODES. CONTRACTOR agrees to secure and pay for all necessary permits and licenses required for CONTRACTOR'S performance and to adhere to applicable local codes and requirements whether or not covered by the Bid Documents, including any CONTRACTOR registration requirements. 3.2 DISCRIMINATION. CONTRACTOR will not exclude any person from participation in, deny the benefits of or subject the person to discrimination under any of the CONTRACTOR's activities while receiving federal financial assistance on the grounds of race, color, religion, sex, national origin, age or disability. 3.3 WARRANTY. CONTRACTOR agrees to provide a full one-year warranty to the homeowner, said warranty will extend to subsequent owners of the property to be improved. The warranty will provide that improvements, hardware, and fixtures of whatever kind or nature installed or constructed on said property by the CONTRACTOR are of good quality and free from defects in workmanship or materials or deficiencies subject to the warranty provided in this paragraph. CONTRACTOR and CITY agree, however, that the warranty set forth in this paragraph will apply only to such deficiencies and defects as to which homeowner or subsequent owners will have given written notice by certified mail to the CONTRACTOR, at its principal place of business, within one (1) year from the date of the final inspection and acceptance by the CITY Inspector that all work under the Agreement has been completed. 3.4 BID. CONTRACTOR acknowledges that it has prepared the Bid Documents, attached hereto and incorporated herein as Exhibit "A" and that such Bid Document is accurate and consistent as to the name of CONTRACTOR, scope of work that the CONTRACTOR will under -take, and price. CONTRACTOR acknowledges the performance requirement established in the write up and warrants that all work undertaken will conform to said specifications. 3.5 REMOVAL OF DEBRIS. Upon completion of work CONTRACTOR agrees to remove all construction debris and surplus material from the Property and leave the Property in a neat and clean condition. 3.6 SUBCONTRACTORS. CONTRACTOR agrees that all the warranties contained herein will apply to all work performed under this Agreement, including that performed by any Subcontractors. 3.7 FRAUDULENT ACTS, CONTRACTOR nor any of its officers, partners, owners, agents, representatives, employees, subcontractors or parties in interest has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm, or perso-i to submit a collusive or sham bid in connection with CONTRACTOR for which the bid has been submitted or to refrain from bidding in connection with this Agreement, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix any overhead, profit, or cost element of the bid price shown in the Bid Documents or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement, any advantage against CITY or any person interested in this Agreement; and the price or prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of CONTRACTOR or any of its agents, representatives, owners, employees, or parties in interest. 3.8 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of CITY, or its designees or agents, no member of the City Council, and no other public official of CITY during his/her tenure or for one (1) year thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 3.9 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement will not be used in payment of any bonus or commission for the purpose of obtaining CITY approval of the application for such assistance. 3.10 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 3.11 INDEMNIFICATION. CONTRACTOR will defend, indemnify, and hold CITY, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of CONTRACTOR, or CONTRACTOR's agents, employees, or subcontractors, in the performance of CONTRACTOR's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein will be deemed to limit the rights of CITY or CONTRACTOR (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 3.12 CHANGE ORDERS. CONTRACTOR expressly agrees that no material changes or alterations in the Bid Documents or price provided above will be made unless in writing, 4 mutually agreed to by the homeowner and CONTRACTOR, and authorized by CITY. 3.13 TERMS. All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. For the purposes of this Agreement the term "will" is mandatory. 3.14 SEVERABILITY. Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 3.15 PUBLIC INFORMATION ACT. The CITY is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. 3.16 PERFORMANCE. In performing this Agreement, CONTRACTOR will comply with all local, state, and federal laws. 3.17 LIEN WAIVERS. CONTRACTOR agrees to protect, defend, and indemnify homeowner and CITY from any claims for unpaid work, labor, or materials with respect to CONTRACTOR'S performance. Final payment will not be paid until the CONTRACTOR has delivered to CITY complete release of all liens for work completed arising out of CONTRACTOR'S performance or a receipt in full, covering all labor and materials for which a lien could be filed or a bond satisfactory to the homeowner and CITY indemnifying him against any lien. 3.18 REPORTING REQUIREMENTS. CONTRACTOR agrees to submit a W9 Form, attached hereto and incorporated herein as Exhibit "B" to fulfill reporting requirements with the Internal Revenue Service. ARTICLE 4 SUSPENSION AND TERMINATION 4.1 if CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this Agreement, cr violates any of the terms or conditions of this Agreement, then the CONTRACTOR will have ten (10) days from the date it receives written notice from CITY directing it to cure or correct the defects. If CONTRACTOR fails to cure or correct the defects as required by this agreement, CITY will have the right to terminate this Agreement and to select a substitute CONTRACTOR. If the expense of finishing the work exceeds the amount of this Agreement, CONTRACTOR will pay the difference to CITY. Should CONTRACTOR fail to make corrections as directed by CITY, and such breach of contract results in a violation of federal law or regulation for which CITY receives a demand of reimbursement of grant funds from HUD or its successor, CITY may terminate this Agreement immediately, and may recover from CONTRACTOR the amount sought by HUD for reimbursement, up to the full amount of funds CONTRACTOR received from CITY. 4.2 CONTRACTOR will not be relieved of the liability to CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR. CITY may withhold payment to CONTRACTOR until the amount of monetary damages due CITY from CONTRACTOR is determined. 4.3 If CITY becomes aware of any CONTRACTOR activity which could jeopardize CITY's position with HUD and cause CITY to return CDBG funds or other federal funds received by CITY, CITY may take appropriate action, including injunctive relief against CONTRACTOR, to terminate or prevent the activity. Failure of CITY to exercise this right will not constitute a waiver by CITY of its right to demand payment or to seek any other relief in law or in equity to which it may be entitled. ARTICLE 5 PAYMENTS 5.1 For work completed by CONTRACTOR, as described in the Bid Documents, CITY agrees to pay CONTRACTOR the Contract Amount after all of such work is found to be satisfactorily completed and is inspected by the Construction Advisor and CITY Inspector, in accordance with the CITY'S Prompt Payment Policy. ARTICLE 6 ATTORNEY'S FEES 6.1 Any party to this Agreement who prevails in any legal proceedings between the parties regarding this Agreement will be entitled to recover court costs and reasonable attorney's fees from the non -prevailing party. ARTICLE 7 VENUE AND REMEDIES 7.1 This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Williamson County, Texas. ARTICLE 8 COMPLIANCE WITH LAWS, CHARTERS AND ORDINANCES 8.1 CONTRACTOR, its agents, employees and subcontractors shall use best efforts to comply with applicable federal and state laws, the Charter and Ordinances of the CITY, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 8.2 In accordance with Chapter 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 6 Agreement on behalf of CONTRACTOR verifies CONTRACTOR does not boycott Israel and will not boycott Israel during the term of this Agreement. ARTICLE 9 SUCCESSORS AND ASSIGNS 9.1 CITY and CONTRACTOR, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of the other party with respect to all covenants of this Agreement. Except for CONTRACTOR'S assignment of mechanic's lien contracts and mechanic's lien notes to the CITY pursuant to Paragraph 1.7, neither CITY nor CONTRACTOR will assign, sublet, or transfer any interest in this Agreement without the written consent of the other party. ARTICLE 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) W9 Form (Exhibit "B") ARTICLE 11 ACKNOWLEDGMENT 11.1 The above warranties are in addition to, and not in limitation of, any and all other rights and remedies to which CITY and the homeowner, or subsequent owners, may be entitled, at law or in equity, and will survive the conveyance of title, delivery of possession of the Property, or other final settlement made by the homeowner and will be binding on the undersigned rotwithstanding 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 of the date first written above. CONTRACTOR: CITY: FARNUM ENTERPRISES, INC. CITY OF ROUND ROCK dba B&O Construction Name Title 8 Laurie Hadley, City Manager EXHIBIT "A" BID DOCUMENTS Exhibit "A" ROUND ROCK TEXAS PURCHASING DIVISION City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.roundrocktexas.gov INVITATION FOR BID (IFB) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS 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 experienced in 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. 3. 4. SOLICITATION PACKET: This solicitation packet is comprised of the following - Description Index Part I — General Requirements Page(s) 2-6 Part II — Definitions, Standard Terms and Conditions and Insurance Requirements Page 7 Part III — Supplemental Terms and Conditions Page(s) 8-10 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 AUTHORIZED PURCHASING CONTACT(S): For questions or clarification of specifications, you may contact: Adam Gagnon Purchaser Purchasing Division City of Round Rock Phone: 512-218-6456 E-mail: agagnon cbroundrocktexas.gov Amanda Crowell Purchaser Purchasing Division City of Round Rock Phone: 512-218-5468 E-mail: acrowel l(&roundrocktexas.gov The individual(s) listed above istare 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 14 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 follow the solicitation timeline below. EVENT DATE Solicitation released May 11th, 2022 Mandatory Pre -Bid meeting / 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: htti)s://www.roundrocktexas.gov/city-businesses/solicitations/ 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 httas://www.roundrocktexas.gov/city-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. MANDATORY PRE -BID MEETING / SITE VISIT AND INSPECTION: A pre -bid meeting / 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 / 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 will 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. 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 Page 3 of 14 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 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. 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 Respondent's 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 aroaosal. ❑ 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:l,www.roundrocktexas.gov/city-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 com lete 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 evaliated 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. Page 4 of 14 City of Round Rock Exhibit "A" CDBG Home Repairs IFB 22-019 Class/Item: 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 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. 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: https:/Iwww.ethics.state.tx.ustwhatsnew/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, 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 rp otest a@roundrocktexas.gov. In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract unless it is determined that the award must take place 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. Page 5 of 14 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 situation 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: i. 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. ii, 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 Timelv 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 formal 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. Page 6 of 14 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://www.roundrocktexas.gov/city-departments/purchasing/. 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: hfti)s:/twww.roundrocktexas.gov/city-departments/purchasing/ Page 7 of 14 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 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. 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 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 22-019 CDBG Home Repairs on the City of Round Rock website at: https://www.roundrocktexas.gov/city-businesses/solicitations/ 5. 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. Page 8 of 14 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. WORKFORCE: Successful Respondent shall: A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner. B. Ensure Respondent's 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. ACCEPTANCEIINSPECTION: 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 website at htt s://www.roundrocktexas. ov/cit -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. The method to provide a smooth and orderly transition of services performed from the current contractor. B. Provide City contact(s) information for implementation of agreement. C. Identify specific milestones, goals, and strategies to meet objectives. Page 9 of 14 City of Round Rock Exhibit "A" CDBG Home Repairs IFB 22-019 Class/Item: 909-62 MAY 2022 14. POINT OF CONTACT 1 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: ealvaradoO-roundrocktexas.gov Page W of 14 City of Round Rock Exhibit "A" CDBG Home Repairs IFB 22-019 Class/Item: 909-62 MAY 2022 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. 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 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 1 I of 14 City of Round Rock Exhibit "A" CDBG Home Repairs IFB 22-019 Class/Item: 909-62 MAY 2022 ATTACHMENT A BID SHEET 1. 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:/lwww.roundrocktexas,Qov/city-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: https:Hroundrocktxvendors.munisselfservice com/Vendoirs/default.aspx 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 12 of 14 Attachment A- UPDATED Bid Sheet Solicitation Number: IF13 22-019 Solicitation Description: CDBG HOME REPAIRS on LINE f AREA - I DESCRIPTION i LINE ITEM TOTAL I OUTSIDE 2.1 Front Door Replace storm door with like. $595.00 2.2 Siding (Entire Replace with like siding or smartside and paint (2 coats leave extra paint with House homeowner). Does not include front porch. $17,000.00 2 2A Roof Facia (Entire House Repair/replace rottedidamaged facia. $1,332.00 2.3 Garage Door Trim Replace with like trim & jamb. Paint to match. (2 coats leave extra paint with & Jamb homeowner) $450.00 2.4 1 Light Above Garage Bring wiring up to code $95 00 2AA Li ht Above Garage Re lace li ht fixture with double -flood motion sensor unit $250.00 Replace 9 windows with double pane energy efficient replacement windows. Like for like. Must meet all local and state energy requirements - 2015 IRC. 2.5 Windows Replace and paint the outside wood trim with 1x4 trim. Like for like. (Contractor $8,000.00 to measure all windows) NOTE: Windows on east side of garage are not to be replaced. INSIDE 2-IZ Backdoor Replace French doors and hardware (locks) with like and add deadbolt $3,200,00 Plumbirtg t=ix venting issue causing washing machine to backup $475 00 TOTAL $31,397.00 Page 3 of 4 IFB 22-019 CDBG Home Repair Location #2 June 28, 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 92 came in at $31, 397.00 The City will accept modified materials on line # 2.1 for a new total of $525, verified by the contractor. The City will only be authorizing 2 sides of the home to be sided on Line 2.2 for a new total of $13,500.00, verified by the contractor. The City will accept modified materials on line # 2.5 for a new total of $7,200.00, verified by the contractor. The City will not be authorizing Lines 2.2A and 2.3 to be completed. The City will accept modified materials on line # 2.6 for a new total of $2,800.00, verified by the contractor. The new total for location #2 will be $24,845.00 Adam Gagnon, CPPB Purchaser City of Round Rock CDBG Home Repairs IFB 22-019 -- Class/item:909-62 MAY 2022 Exhibit "A" ATTACHMENT0 REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 22-019 RESPONDENT'S NAME, Famum Enterprises. Inc dba B&OConstruction DATE: 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. 1. Company's Name Texas Division of Emergency Management Name of Contact Sandra Fulenwider Title of Contact Division Chief, Facilities E-Mail Address Sandra. FuleriMder@tdem.texas.gov Present Address 1033 La Posada Drive 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@kpgcommercial.com Present Address 3809 S. 2nd St., Suite D-200 City, State, Zip Code Austin, TX 713704 Telephone Number ( 512 ) 441-1062 Fax Number: ( ) NA 3. Company's Name Cushman lt, Wakefield Name of Contact Eric Smith Title of Contact Senior Director- Market Lead E-Mail Address edc.smAh(dcushwake.com Present Address 200 West Cesar Chavez St , Ste. 300 City, State, 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 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 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 Omninet 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 Supported Uving Center Name of Contact Linda Ruiz Title of Contact Project Manager E-Mail Address linda.rulz@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 Iony.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 Home Repairs IFB 22-019 C1asS1ltem: 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: Famum Enterprises, Inc. dba B&0 Construction DATE: dune 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 Ian Rolls, Owner E-Mail Address ian@marcuryelectricinc.com Address 401 Lone Man Creek Drive City, State, Zip Code Wimberley, TX 78676 Telephone Number ( 512 ) 434-9280 Fax Number: �) NA,_ Describe work to be performed Electrical Percentage of contract 06 �o work to be performed 2. Subcontractor Name Throne Plumbing Services Name of Contact Daniel Hacker Title of Contact owner E-Mail Address thronepiumbingservices&mail.com Address 4746 W State Highway 29 City, State, Zip Code nano, TX 78643 Telephone Number { 512 48 Fax Number: Describe work to be performed Plumbing Percentage of contract 03 % work to be performed • Add additional pages as needed Page 14 of 14 Exhibit "A" City of Round Rock CDBG Home Repairs IFB 22-019 ClassiItem: 909-62 MAY 2022 ATTACHMENT C SUBCONTRACTOR INFORMATION FORM COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 22-0119 RESPONDENT'S NAME: Famumn.cf Enterprises, Inc. dba DATE: .tune 1% 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 Subcontractor Name Yawn Heating & A/C, Inc. Name of Contact Wesley Yawn 2-Mail Address Address City, State, Zip Code Telephone Number Describe work to be performed Percentage of contract work to be performed 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 YAWNT@ATT.NET 1807 Eclipse Cove Cedar Park, TX 78613 512) 750-7395 Fax Number: ( ) NIA HVAC • Add additional pages as needed 20 % Page 14 of 14 EXHIBIT "B" W9FORM 10 Form W-9 p>w. Odobw2a16) r�gem� Ram aarrk�e ps shown vet Farnum Enterwi, Request for Taxpayer Identification Plumber and Certification Ir Oo to Inc. diva B&O conslruoflon rrw tallns end tho latest In%mtnum 62CS66 Give Form W the requester. Co not send to the IR& tl S Check sgProAdsts Mott for Isdersl tax melon al tM fxrsan vrlwes rmme is sntond oa Ina I. W►acN onyoos W ua 4 E,umPaons looeea wm wq ro t°°°'"A"° seva, ltoatet oalsW W1110 . ntri WA#AdUMK me Owmcw" oa "P Ik $ 0 lndMduaVWs pqxWw w ✓❑ o ❑ s cmporatbn ❑ Pwu=W ❑ 1'iuWaslaft t coda Of eery ❑ Lhrasd gowltywwwm, Eraer lu tart dmmcatbn P'C =MwalwL 9•S earpwok n. P•Penne sm ► Nate: Check the epPreprbte tax In the line above ter me tax dMftg&M of am of "Hww w vrmer Do not el, I FAA iptkn tram FATCA reWhV tLC II the U.0 b alasatftad u o sktplwrnatrrber LLO prat b dhmoarded from the ttwnw URSM Om owner et the tLc b code (n any) a .., iWw LLC fMl b mat di¢eattrded tam the 60-tm for U.S. htkuai tax pttrposas. OdwA*w. a dne%4m rtber uC VW Is dls►Now 1, bm the owner 0=0 die* the appropA to box fw the tax ebssahaaw of na owner. tA{pYaasOcwib MFwtiesauY M tAaW 16238 Hahway 620, Suite F-405 TX 79717 Enter yow TIN In the appropdate box. The TtN Provided mast match the name given an One 1 to avold boduup whhhotding. For Individuals, this Is gww* your social aetaudly number OW. I'fottr ww, for a resident elm sob propdator. or dWagarded enlity. ass the h2bUCOans for Part % later. For other enlWos, R is your employer Idanlllktation number (Eft a you do not have a number. sea Ww to OW a TN, h tar. Nola: It the account is in mine then one name, sea the hrot ucftu for One 1. Also sea Vllhef Name and Nrmrber T'o Qlve the AaWaslarforguideflnss out whose numberio enter. Under penWes of po". I certify thel: 1. The number ahawm on this fort to my correct taxpayer ldanlifica*m number (w I am wafting for a number to be bsued to me}; and 2.1 am not subject to tssatarpwN hoUng bacm= (ay I am exempt from backup wlthirokgn% orQ? I hmm not been nolHbd by the Wemal Reventm SoMw efts) that I am twb)act to backup withholding as a result of a rallure to rapmt all b,t Oil or dividends, or (r.) the IR8 has natifled me that I am no longer subled to badw p withholding; and 3.1 am a U.S. at nn or other U.S. person (dalktad balm* and 4. The FATCA oods(s) entered on We form Of any) fedkmling Owl I am exempt frogs FATOA repaNng Is tercet. Certilloation Instructions. You must cross end Rem 2 sbwe 11 you have bean notified by the IN that you are currently GU*d to backup wRNwtding because you have failed to report all Interest and MAW* on your tax rolu n. For real adato benssalom Rem 2 does nol ripply. For mortgage kdemll pall, oas�krtereelor ��t�you sip r* mqu sin the certlficetiat debt, �you must provide your correctto an kww&w Mftmw �.See the Mseftt Oft� ions for Part lid. lager. %r9 8lsnaturo o ; 1 11.t3. pm General In io s Section raterences are to the Irdtfmat Revenue Code unless olhenvlse noted Future developmenta. For the bust hWmatkm about ddtedOpments related to Form W-9 and Rs Insouctions, such as loghladon enacted after they were pubOehed, go to www k gov/FannWl Purpose of Fonn Are bwOWdusl orentlly (Form W9 e+m poster) who Is.squired to fife an kslonna bn return wHh Ow IRS must obtain your Pored taxpayer IdsrOcalion r:fxnOw tK which maybe your soobl security number Oft lured khW taxpayer Wonllfleelbn number UM, =Wlon taxpayer kMnvlicatkm number (ATM or employer idendOcatlon nun ber M". to report an an informadon rstum the amount paid to you. or other amount reportable on an kdom alion rotum. Bmmplm of ttfamsatbn +shams inctude, but are not piled to, the WrA tg. • Form 10wwr werest eared or pa4 ease ► • Form 10994)W (dMd&f. Inckrdhg 0=0 f Ebb stocks or mutual te:ds) • Form 1O99-MW (warfous types of Inoom prim awards. orgnm Proceeds) • Form 1090-13 (stock or mutual fund cafes and coteks other Uwmwdass by broth • Pon 109" (proceeds Pram real estate transactions) • Form 10994C (r wchant owd and third party network trans CW* • Form 1098 (home mortgage ktteuesq.10 "Odudant foam tnlerest). 1098-T (WtkuO • Porn 10"4 (canceled debt} • Form ION A (scq Wlbn or abandonment of secured property) Use Form W-9 only if you are a U.S. person Qndudhng a resident de;* to provide youraorrect M". Myou do not .mum Form W-9 to fta requester with a TI4 you n*ht be =j*ct to baetW wNdwA VL See What Is backup widdroldtng. P&No. Ionix Fens W-9 Fw.10.2010) City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a CDBG Community Housing Repair and Rehabilitation Homeowner Agreement with Maria C. Robles for property at 609 Chisholm Valley Drive. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/15/2022 Dept Director: Brad Wiseman Cost: $24,845.00 Indexes: CDBG HUD Entitlement Grants Attachments: LAF - CDBG Home Repair Homeowner Contract - 609 Chisholm Valley Drive, HOMEOWNER AGREEMENT CDBG HOME REPAIR 609 CHISHOLM VALLEY DRIVE Department: Planning & Development Services Text of Legislative File CM-2022-168 Consider executing a CDBG Community Housing Repair and Rehabilitation Homeowner Agreement with Maria C. Robles for property at 609 Chisholm Valley Drive in the amount of $24,845. Ms. Robles applied and met all the requirements to be eligible for the CDBG home repair program. Improvements to her home include replacement of siding, windows, french doors, front door, storm door and plumbing improvements. The total cost of the project is expected to be $24,845 and not to exceed $31,056.25 with any necessary change orders. The selected contractor to do this work is Farnum Enterprises dba B&O Construction. Cost: $24,845 Source of Funds: CDBG Program Funds City of Round Rock Page 1 of 1