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CM-2023-113 - 5/19/2023
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM CONTRACTOR AGREEMENT This CDBG Community H u i g Repair and abilitation Program Contractor Agreement (Agreement), is made this I day of , 2023, between the CITY OF ROUND ROCK, Texas, 2 1 East Main Street, Roun8 Rock, Texas ("CITY"), and FARNUM ENTERPRISES, INC., dba B&O Construction, 16238 Highway 620, Suite F405, 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 `Request for Quote" 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 CHAPEL HILL NORTH SEC 1, BLOCK D, LOT 33, Williamson County, Texas, also known as 506 Edwards Drive, Round Rock, Texas 78664 (the "Property"), as specified in the CITY'S Request for Quote designated RFQ No. TR042623 and CONTRACTOR's BID RESPONSE for CDBG Home Repairs Location #3 (collectively the "Bid Documents"), attached hereto and incorporated herein as Exhibit "A," by reference for all purposes; NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and CONTRACTOR agree as follows: ARTICLE 1 GENERAL REQUIREMENTS 1.1 CITY will pay CONTRACTOR Twenty -One Thousand Seven Hundred Ten and Na1100 ($21,710.00) ("Contract Amount"). Funds will not be used to pay the homeowner or members of its family. 1.2 Payment will be made by CITY for all work described in the Bid Document after all of g7t-j4��z 4r 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 2023 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 $5,427.50. 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 and no later than July 16, 2023. 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 2 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 person to submit a collusive or sham bid in connection with CONTRACTOR for which the bid has been submitted or to refrain from bidding in connection with this Agreement, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix any overhead, profit, or cost element of the bid price shown in the Bid Documents or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement, any advantage against CITY or any person interested in this Agreement; and the price or prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of CONTRACTOR or any of its agents, representatives, owners, employees, or parties in interest. 3.8 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of CITY, or its designees or agents, no member of the City Council, and no other public official of CITY during his/her tenure or for one (1) year thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 3.9 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement will not be used in payment of any bonus or commission for the purpose of obtaining CITY approval of the application for such assistance. 3.10 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 3.11 INDEMNIFICATION. CONTRACTOR will defend, indemnify, and hold CITY, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of CONTRACTOR, or CONTRACTOR's agents, employees, or subcontractors, in the performance of CONTRACTOR's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein will be deemed to limit the rights of CITY or CONTRACTOR (including, but not limited to the right to seek contribution) against any third party who may be Iiable for an indemnified claim. 3.12 CHANGE ORDERS. CONTRACTOR expressly agrees that no material changes or alterations in the Bid Documents or price provided above will be made unless in writing, mutually agreed to by the homeowner and CONTRACTOR, and authorized by CITY. 4 3.13 TERMS. All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. For the purposes of this Agreement the term "will" is mandatory. 3.14 SEVERABILITY. Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 3.15 PUBLIC INFORMATION ACT. The CITY is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. 3.16 PERFORMANCE. In performing this Agreement, CONTRACTOR will comply with all local, state, and federal laws. 3.17 LIEN WAIVERS. CONTRACTOR agrees to protect, defend, and indemnify homeowner and CITY from any claims for unpaid work, labor, or materials with respect to CONTRACTOR'S performance. Final payment will not be paid until the CONTRACTOR has delivered to CITY complete release of all liens for work completed arising out of CONTRACTOR'S performance or a receipt in full, covering all labor and materials for which a lien could be filed or a bond satisfactory to the homeowner and CITY indemnifying him against any lien. 3.18 REPORTING REQUIREMENTS. CONTRACTOR agrees to submit a W9 Form, attached hereto and incorporated herein as Exhibit "B" to fulfill reporting requirements with the Internal Revenue Service. ARTICLE 4 SUSPENSION AND TERMINATION 4.1 If CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then the CONTRACTOR will have ten (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 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 notwithstanding any provision to the contrary contained in any instrument heretofore, and thereafter executed by the homeowner. [Signatures on the following page.] This Agreement is effective as of the date first written above. CONTRACTOR: FARNUM ENTERPRISES, INC. dba B�Cpns ction T Na e v6pr Title CITY: CITY OF ROUND ROCK Laurie Hadley, City Manag EXHIBIT "A" BID DOCUMENTS Exhibit "A" X TEXAS City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www. rou nd rocktexas.govov REQUEST FOR QUOTE (RFQ) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS RFQ TR042623 MAY 2023 Exhibit "A" City of Round Rock CDBG Home Repairs RFQ TR042623 Class/Item: 909-62 MAY 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS PART GENERAL REQUIREMENTS PURPOSE: The City of Round Rock, herein after "the City" seeks quotes from firms experienced in home repair to provide all material, labor, and services to repair five residential homes in accordance with the Federal Community Development Block Grant (CDBG) Program. 2. BACKGROUND: The City of Round 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. RFQ PACKET: This packet is comprised of the following - Description Index Part I — General Requirements Page(s) 2-5 Part 11— Definitions, Standard Terms and Conditions and Insurance Requirements Page 6 Part III —Supplemental Terms and Conditions Page(s) 7-9 Part IV — Scope of Work Page 10 Attachment A --Quote Sheet Separate Attachment Attachment B -- Reference Sheet Separate Attachment Attachment C — Subcontractor Information Form Separate Attachment Attachment D — Prevailing Wage Rates Separate Attachment Attachment E- Home Repair CDBG Requirements & Forms Separate Attachment Attachment F — Location #1 Separate Attachment Attachment G — Location #2 Separate Attachment Attachment H — Location #3 Separate Attachment Attachment I — Location #4 Separate Attachment Attachment J — Location #5 Separate Attachment 4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE RFQ released Tuesday May 2, 2023 Mandatory site visit Monday May 8. 2023 @ 8:30 AM CDT Deadline for submission of questions Tuesday May 9, 2023 City responses to questions or addendums Wednesday May 10, 2023 by 5:00 PM CDT Deadline for submission of responses Friday May 12.2023 — 3:00 PM CDT Page 2 of 10 Exhibit "A" City of Round Rock CDBG Home Repairs RFQ TR042623 Class/Item: 909-62 MAY 2023 All questions regarding the solicitation shall be submitted through the City's electronic bidding platform "Bonfire" 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 in Bonfire in the form of an addendum at https:Hrou nd rocktexas. bonfiireh ub.com 5. MANDATORY SITE VISIT AND INSPECTION: A mandatory 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 -quote meeting / site visit will be conducted on the date specified in PART I Section 4 — Schedule of Events. A. Attendance at the pre -quote meeting / site visit is mandatory. Respondents shall sign -in at the pre - quote meeting to document their attendance. Immediately following the pre -quote 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 -quote meeting and site visit tour which shall initially begin at 8:30 AM at City Hall Council Chambers: 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 - quote 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. RFQ DUE DATE: Appropriately submitted quotes are due at or before 3:00 PM, on the due date noted in PART I, Section 3 — Schedule of Events. The Vendor shall respond via the City's electronic bidding platform, Bonfire: hops:/Iroundrocktoxas.bonfirehub.com. A. This request for quote does not commit the City to contract for any supply or service. B. No paper or submittals outside of Bonfire will be accepted by the City. C. Responses cannot be altered or amended after digital 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 Page 3 of 10 Exhibit "A" City of Round Rock CDBG Home Repairs RFQ TR042623 Class/Item: 909-62 MAY 2023 7. 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 quotes received may be evaluated based on the best value for the City. In determining best value, the City may consider: A. Purchase price. B. Reputation of Respondent and of Respondent's goods and services. C. Quality of the Respondent's goods and services. D. The extent to which the goods and services meet the City's needs. E. Respondent's past performance with the City. F. The total long-term cost to the City to acquire the Respondent's goods or services. G. Any relevant criteria specifically listed in the solicitation. H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria not related to cost in order to be considered for contract award. Respondents may be contacted for clarification of quote and/or to discuss details of the services they are proposing. 8. 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. 9. 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. 10. 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 protestAroundrocktexas.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 4 of 10 Exhibit "A" City of Round Rock CDBG Home Repairs RFQ TR042623 Class/Item: 909-62 MAY 2023 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: L 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 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: L 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 5 of 10 City of Round Rock CDBG Home Repairs RFQ TR042623 Classlitem: 909-62 MAY 2023 Exhibit "A" PART 6 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 govem 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-dei3artments/purchasing/. In addition, the Supplemental Terms and Conditions listed in Section Ill, 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: https:l/www.roundrocktexas. , od v/city-departments/purchasing// Page 6 of 10 City of Round Rock CDBG Home Repairs RFQ TR042623 Class/Item: 909-62 MAY 2023 Exhibit "A" 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 quote 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 RFQ TR042623 Home Repairs on the City of Round Rock Bonfire Portal https://roundrocktexas.bonfirehub.com. 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 7 of 10 Exhibit "A" City of Round Rock CDBG Home Repairs RFQ TR042623 Class/item: 909-62 MAY 2023 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 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 intends to award an individual Agreement by location. Line items may be removed depending on funding availability. 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 httns://www_roundrocktexas.gov/city-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 8 of 10 Exhibit "A" City of Round Rock CDBG Home Repairs RFQ TR042623 Class/Item: 909-62 MAY 2023 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 Community $ Neighborhood Services Phone: 512-3414328 E-mail: ealvarado(&roundrocktexas.gov Page 9 of 10 City of Round Rock CDBG Home Repairs RFQ TR042623 Class/Item: 909-62 MAY 2023 Exhibit "A" 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 Request for Quote (RFQ) describes services to repair the exterior and/or interior of residential structures as identified on the quote 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. I. For the successful contractor awarded a contract by location the work must be completed no later than Sunday July 16, 2023 4. CITY RESPONSIBILITIES: The City will - A. Provide the addresses of the locations once the Contracts are awarded. B. Monitor and inspect the home repairs. C. Coordinate all work and schedule with the successful Contractor(s) and Homeowners. D. Provide final approval for the required repairs. E. The City has conducted lead -based paint testing on structures built prior to 1978. Reports of lead -based paint will be provided for any structure where lead -based paint was detected. Page 10 of 10 Exhibit "A" Attachment A -Quote Sheet-Revislon 1 Exhibit "A" ATTACHMENT B REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RFQ TR042623 RESPONDENT'S NAME: Paul Farnum DATE: 5/10/2023 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 Solid Group LLC Name of Contact Eugene G. Wentworth III Title of Contact President E-Mail Address gib@austinsolidgroup.com Present Address 716 County Road 105 Spur City, State, Zip Code Hutto, TX 78634 Telephone Number (512 ) 241.9263 Fax Number: ( ) 2. Company's Name Peterson Construction Inc. Name of Contact Susie Farley Title of Contact Property Manager E-Mail Address susie@petersonconstructioninc.com Present Address 9250 Pasadena Drive, Suite 201 City, State, Zip Code Frisco, TX 75033 Telephone Number (214 )705-9220 Fax Number: ( ) 3. Company's Name Omninet Property Management, Inc. Name of Contact Betsy Perkins Title of Contact Property Manager E-Mail Address betseyp@omninet.com Present Address 7600 chevy Chase Drive, Suite 101 City, State, Zip Code Austin, TX 78752 Telephone Number (737 ) 932-0407 Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Exhibit "A" ATTACHMENT C SUBCONTRACTOR INFORMATION FORM COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RFQ TR042623 RESPONDENT'S NAME: Femum Enterprises Inc dbe B & o Constructlon DATE: 5/10/2023 • 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 Davis Plumbing Services LLC Name of Contact Raymond Thomas Davis E-Mail Address davispiumbingtx@gmail.com Address 3916 Tapado Canyon Trail City, State, Zip Code Round Rock, TX 78681 Telephone Number (512 ) 382-5646 Fax Number: ( } Describe work to be performed plumbing services Percentage of contract ° �D work to be performed 2.5 2. Subcontractor Name Solid Group LLC Name of Contact Gib Wentworth Title of Contact President E-Mail Address gib@austinsolidgroup.com Address 716 County Road 105 Spur City, State, Zip Code Hutto, TX 78634 Telephone Number (512 ) 373-8253 Fax Number: ( 512 ) 373-8577 Describe work to be performed concrete work Percentage of contract 2.5 % work to be performed Add additional pages as needed Exhibit "A" ATTACHMENT C SUBCONTRACTOR INFORMATION FORM COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RFQ TR042623 RESPONDENT'S NAME: Famum Enterprise, Inc. dba B&O construction DATE: 5/10/2023 • CIRCLE ONE - NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT YES, I INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT If yes complete the information below 1. Subcontractor Name Name of Contact E-Mail Address Address City, State, Zip Code Telephone Number Describe work to be performed Percentage of contract work to be performed 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 Heating & A/C, Inc. Wesley or Teren Yawn teren@yawnac.com 1807 Eclipse Cove Cedar Park, TX 78613 ( 512 ) 750-7395 Fax Number: { ) replacing air conditioner 16 % ( ) Fax Number: ( } • Add additional pages as needed NO YES Exhibit "A" ATTACHMENT D- PREVAILING WAGE 2016 ANNUAL TEXAS WORKFORCE COMMISSION WAGE RATES Construction and Extraction Occupations Hourly $12.32 First -Line Supervisors of Construction Trades and Extraction Workers Hourly $18.79 Brickmasons and Blockmasons Hourly $20.94 Carpenters Hourly $13.28 Floor Layers, Except Carpet, Wood, and Hard Tile Hourly $12.00 Tile and Marble Setters Hourly $12.20 Cement Masons and Concrete Finishers Hourly $12.92 Construction Laborers Hourly $10.81 Paving, Surfacing, & Tamping Equipment Operators Hourly $12.41 Pile -Driver Operators Hourly $14.65 Operating Engineers and Other Construction Equipment Hourly $13.80 Drywall and Ceiling Tile Installers Hourly $14.28 Electricians Hourly $15.80 Glaziers Hourly $13.08 Insulation Workers, Floor, Ceiling, and Wall Hourly $13.29 Insulation Workers, Mechanical Hourly $14.52 Painters, Construction and Maintenance Hourly $12.25 Pipelayers Hourly $13.19 Plumbers, Pipefitters, and Steamfitters Hourly $14.46 Reinforcing Iron and Rebar Workers Hourly $13.87 Roofers Sheet Metal Workers Structural Iron and Steel Workers Helpers - Brickmasons, Blockmasons, Stonemasons, and Tile and Marble Setters Helpers - Carpenters Hourly $12.38 Hourly $13.25 Hourly $14.75 Hourly $12.36 Hourly $8.17 Helpers - Electricians Hourly $8.78 Helpers - Pipelayers, Plumbers, Pipefitters, and Steamfitters Hourly $10.04 Helpers - Construction Trades, All Other Hourly $10.34 Construction and Building Inspectors Hourly $19.15 Fence Erectors Hourly $12.17 Hazardous Materials Removal Workers Hourly $12.98 Highway Maintenance Workers Hourly $13.44 Septic Tank Servicers and Sewer Pipe Cleaners Hourly $12.05 Construction and Related Works, All Others Hourly $13.34 Derrick Operators, Oil and Gas Hourly $10.38 Service Unit Operators, Oil, Gas and Mining Hourly $13.22 Earth Drillers, Except Oil and Gas Hourly $16.45 Rock Splitters, Quarry Hourly $10.65 Roustabouts, Oil and Gas Hourly $11.69 Installation, Maintenance, and Repair Occupations Hourly $12.59 First -Line Supervisors of Mechanics, Installers, and Repairers Hourly $19.61 Exhibit "A" ATTACHMENT E- PREVAILING WAGE 2016 ANNUAL TEXAS WORKFORCE COMMISSION WAGE RATES Computer, Automated Teller & Office Machinery Repairers Hourly $10.93 Radio Mechanics Hourly $14.11 Telecommunications Equipment Installers and Repair Hourly $15.62 Electric Motor, Power Tool, and Related Repairs Hourly $13.76 Electrical and Electronics Repairers, Commercial and Residential Hourly $16.12 Electrical and Electronic Repairers, Powerhouse Substation, and Relay Hourly $22.18 Electronic Equipment Installers and Repairers, Motor Vehicles Hourly $13.30 Security and Fire Alarm Systems Installers Hourly $17.79 Aircraft Mechanic and Service Technicians Hourly $21.97 Automotive Body and Related Repairs Hourly $15.89 Automotive Glass Installers and Repairers Hourly $14.29 Automotive Service Technicians and Mechanics Hourly $13.38 Bus & Truck Mechanics & Diesel Engine Specialists Hourly $15.61 Farm Equipment Mechanics Hourly $11.52 Mobile Heavy Equipment, Except Engines Hourly $14.84 Motorboat Mechanics Hourly $13.38 Motorcycle Mechanics Hourly $10.79 Outdoor Power Equipment & Other Small Engine Mechanics Hourly $10.31 Recreational Vehicle Service Technicians Hourly $12.75 Tire Repairers and Changers Hourly $10.45 Control and Valve Installers and Repairers, Except Mechanical Door Hourly $14.82 Heating, Air Conditioning and Refrigeration Mechanics and Installers Hourly $16.15 Home Appliance Hourly $13.04 Industrial Machinery Mechanics Hourly $15.74 Maintenance Workers, Machinery Hourly $15.31 Millwrights Hourly $15.79 Electrical Power -Line Installers and Repairers Hourly $15.94 Telecommunications Line Installers and Repairers Hourly $13.68 Medical Equipment Repairers Hourly $19.05 Precision Instrument Repairers, Other Hourly $14.40 Maintenance and Repair Workers, General Hourly $11.42 Coin, Vending, and Amusement Machine Servicers and Repairers Hourly $10.00 Locksmiths and Safe Repairers Hourly $12.93 Helpers - Installation, Maintenance, and Repair Workers Hourly $8.30 Installation, Maintenance & Repair Workers, Other Hourly $10.61 Production Occupations Hourly $10.43 First Line Supervisors of Production and Operating Workers Hourly $19.08 Electrical and Electronic Equipment Assemblers Hourly $11.81 Electromechanical Equipment Assemblers Hourly $15.04 Structural Metal Fabricators and Fitters Hourly $14.88 Team Assemblers Hourly $9.19 Timing Device Assemblers, Adjusters & Calibrators I Hourly 1 $16.33 Exhibit "A" ATTACHMENT E- PREVAILING WAGE 2016 ANNUAL TEXAS WORKFORCE COMMISSION WAGE RATES Assemblies and Fabricators, All Other Hourly $10.10 Computer Controlled Machine Tool operators, Metal and Plastic Hourly $12.70 Numerical Tool and Process Control Programmers Hourly $20.26 Extruding and Drawing Machine Setters Hourly $12.14 Cutting, Punching, and Press Machine Setters, Operators Hourly $10.91 Grinding, Lapping, Polishing and Buffing Machine Hourly $10.58 Lathe and Turning Machine Tool Setters, Operators Hourly 1$13.47 Machinists Hourly 1 $14.96 Exhibit "A" SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND ACTIVATION Any business choosing to bid or provide proposals on Federally Funded projects, must be currently REGISTERED and ACTIVE IN THE System for Awards Management (SAM) database, at the time of bid opening. The database is the primary federal registrant portal for the collecting, validating, storing, and disseminating data on federal awards. SAM is an official website of the U.S. Government and there is not cost to register on this site, 1. Does your organization have ACTIVE REGISTRATION status with SAM.gov? YES X NO 2. If so, please provide your organization's Unique Entity ID (UEI#): Bidders are required to provide the UEI#. To register, please access the following internet website: Mtpsam�aov . What is the UEI? Beginning April 2, 2022, the federal government will stop using the DUNS number issues by DUN and Bradstreet to uniquely identify entities. At this Point, entities doing business with the federal government will use a Unique Entity Identifier (UEI) number assigned in the SAM.gov and will not longer use a third -party website to obtain their identifier number. Entities are able to manage organizational information, such as legal business name and Physical address associated with UEI number, directly from SAM.gov. . How do I register with SAM? To register with SAM, go to the System for Award Management (SAM) site. Follow the online instructions to complete SAM registration. If you have any questions, please contact the Federal Service Desk at www.FSc. ov . Their phone number is (866) 606-8220. - — - Exhibit "A" Certification Regarding Debarment and Suspension Certifteatlon A: Cartiflcatlon Regarding Debarment, Sunponslan and Other Responsibility Matter - primary Covered Transactions 1 The prospective primary participant Cartifies to the bell of its knowedge and ballet that gs principats: a. Are not Prasentty debarred. suspended, Proposed for debarment, declared ineligible. or voluntarily excluded from covered transactions by any Federal debarment or agency; b- Have not W then a three-year Period Preceding this Proposal, been convicted of or had a civil judgment rendered against them for commission of baud or a crim=nal oltanse In connection with obtaining, attempting to obtain, or performing a Public (Federal, State. of local) transaction or contract under a public transaction; violation of Federal or State antitrust ,&t&hd s or commiss€on of ambezafetheft, forgery, thforgery, bribery. alsificabon, or destruction of records, making false statement, of receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged b a govemmental entity (Federal, State or local) with commission of any of the Offenses enum erated in Paragraph (1)(b) of this cerblicatlon; and d. Flavor not within a three-year period preceding this a➢plicationfproposai had one or more public transacions (federal, State or lour) terminated for CALMS or default_ 2. Where the Prospective primary participant is unable to certify to any of the statement n this 0"Mraticn, such prospective Participant shalt attach an explanation to thus Proposal. instructions for Certification (A) 1. By signing and submitting this Proposal, the Prospective primary, participant is providing the Certification sat out below. 2 The InabiFly of a Person to provide the certification requited below will not necessarily resu} In denle of participation -n this Covered transaction. The Prospectwe participant shot. submit an explanation of why it cennol Provide the unification sal out below The Certification or explanation will be Considered in connection with the depirtment or agency,s determination whether to enter Into this transacton However. failure of the OMPeClive Primary participant 10 furnish a rartificabon of the Prospective Primary PerticiPanl !o furush a COMcabon or an explanation shag disquaffy such person from participation in this Irensadion 3. The Certification to this clause is a mete)Ial 1`03resentatiar. of fact upon which reliance was in plaea when the department or agency determined to enter into this to itmaction. if it is later determined that the prospective Primary partidpartl knowingly rendered an erroneous certification. in addtion to COW remedies available to the Federa'. Gcvamment, the department or agency may terminate this transaction for cause or default. U.S. Department of Housing and Urban Development ii. The Prospective Primary participant shall provide immediate written notice to the department Or agency to Whom this Proposal is submitted if at any time the prospective primary Participant teams that its Ceraficao-on was erroneous when submitted or has become 8n'011e0ue by reason of charged circumstances. 5. The terms covered tranaaetlon, debarred. 11USPended, lrmligthle, lower tier covered taanaecdon. part) pant, person, Primary covered tnnaactfon, Principal, Proposal, and volurrtarlly excluded, as used in this clause. have the meanings sat Cut In the Definitions and Coverage sectiena of the rules Implementing Fxacut€ve Order 12549. You may contact the dePsnment or agents to which this PrOPoaat is being submittod for assistance in obtaining a ropy of these regulations. 6. The prospective primary participant agrees by submitting this Proposal that, should the proposed rxrvwW transaction be entered into, it shall not knowingly enter any lower tier Covered transaction with a Penorr who Is debarred, suspended, declared IneBplble, or votuntaftty excluded from participation in this covered transaction, unless authorized by the department or agency entering Into this transaction. 7. The Prospective Primary participant further agrees by submitting this Proposal that it will intrude the clause bUed 'Certification Regarding Debarnent. Suspension, lmligibdity and Voluntary Exclusion - Lower Tier Covered Transaction• provided by the department or agency entering into this covered imnsaction, without modification, In all lower tier covered transactions and in all solicitations for lower tier covered transaction. S. A participant In a covered tmnsaotion may rely upon a cerblicabOn Of a Prospective participant In a lower Liar covered transaction that ii is not debarred, suspended. ineligible. or valunlarify exd uded form the covered transaction, unless it knows that the cOMECOWn is erroneous. A Participant may decide the method and frequency by which It determines this eligibility of its Pdndpals. Each participant may, but is not required to, check The Non-ptogvemant lisf- 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith this Certification required by this clause. The knowledge and trtfOmtabon 0f a PmrbCiPant is not required to exceed that which is normally Possessed by a prudent Person In the ordinary Course of business deatings. 10 Except for transactions authorized under paragraph (a) of these Instructions, it a parlk:ipant in a covered transaction knowingly enters into a lower bar Covered transaction With a Person who Is susPShided. debarred, ineligible, or voluntarily excluded from Participation in this transaction, In addition to Other remedies available to the Federal Government, the department or agency may terminate this transaction far Cause of default. Page t of 2 farm HUD-2992(3198) Exhibit "A" C""Catlan B: CertMeatlon Regarding Dobarrnent, Suspension, ineligible end Voluntary Exclusion — Lower Tier Covered Transactions 1 The Prospective lower liar partmpant certifies. by SL&Ms ion of this Proposal, that hither it not its Principals is Presently debarred, suspendec. Proposed for debarment, declared ineligible. or voluntarily excluded from Participation in this transediion by any Federal department or agency 2. Where the protPedive lower tier Participant is unable to testify to any of the statements in "his certification, such Prospective participant shall attach an explanation to this proposal_ instructions for Carmication (a) I. 8y signing and submitting this Proposal, the prospective lower We parbapanl is providing the certification sat out below. 2 The Certibcabon in this clause is a material representation of fact upon which rellanoe was Placed whan this transaction was entered inlo. If it is later datarnin" that tna Prospective lower tier Participant knowingly tendered an enenaouz Certification. In addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, Inducting suspension andlof debannent. 3. The prospective lower her participant shad provide tmmaoiate written notice to the Person to which this Proposal is submitted if at any time the Prospective lower tier Participant learns that its certfrratien was erroneous when submitted or has become by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, Ineligible, lower tier covered transaction, participant, Parson. Primary cowrod transaction, PrMdpal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Gone" sections Of rides implementing ExaCutive order 12549, You may contact the person to whtch this proposal rs submitted for assistance in obtaining a copy of these regulations. 5. The prospective tower Der Participant agrees by submitting this Proposal that, should the Proposed covered transaction be entered into, it chap not knowingly enter into an lower ber transaction with a Person who is debarred, suspended, declared ineligible, or voluntarily exckxled rmm Psrttripation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower Dar participant further agrees by submittinQ this praPosat that it will include this clause titled `Certl0catiOn Regaming Debarment, Suspension, ineligibility and Voluntary Exclusion — Lower Tier Covered Trenuebon.' v4fttlt modificabon, in All lower Der covered transactions and in ail solicitations for lower tier covered transactions. 7. A partiapant in a covered transaction may rely upon a certification Of a Prospective pafticlpant in a lower ber covered transaction that it is not debarred, suspended, ineligible, or voluniargy excluded from the covered transaction, unless it knows that the certification is erroneous. A Participant may decide the method and fmqusncy by which it determines the eligibility, of its Principals. Each participant may, but is not required to. Check the Non -procurement tlsL a. Nothing contained in the tOrG90in9 shall be construed 10 require establishment of a system of records in order to render in good failh the certification required by this clause_ The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent Person in the ordinary course of business dealings. 9. Except for transactions authonzed under paragraph (5) of these ftbuctions, if a Participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a Person who is Suspended, debarred. ineligible, Of voluntary excluded from participation in this lrensagi ' in addition to other remedies available to the Federat Govemmanl, fhb department or agency with which this transaction originated may Pursue available remedies including suspension andlor debarmenL 00'..e Inc. dba B & O Construction 1 5/12/2023 President Page 2 of 2 form MUD-2992(3198) Exhibit "A" CONFLICT OF INTEREST SUMMARY OF RULES FOR CDBG CONTRACTORS I� Introduction Prospective CDBG contractors should carefully consider whether any of their activities may give rise to an improper conflict of interest Situation. Conflict of interest situations that are not properly addressed can result in a loss of CDBG funding to the program and/or to the city, and in some cases can result in civil or criminal liability. Organizations that are requesting CDBG funding should ask themselves the following questions: Are any of my employees or board members, ■ A city employee or consultant who exercises CDBG- related functions as part of their city position? • A City Official? Are any immediate family members or business associates of my employees or beard members, A city employee or consultant who exercises CD13G- reiated functions as part of their city position? * A City Official? Will any of my employees or board members receive a financial interest or benefit from CDBG funds (other than employee salaries or personnel benefits)? Will any immediate family members or business associates of my employees or board members receive a financial interest or benefit from CDBG funds (other than employee salaries or personnel benefits)? To my knowledge, will my program or project have a financial effect on a cis official or employee wo exercises CDBG-related functions, or an immediate family member or business associate of such person? For Exhibit "A" example, will any of these persons be receiving rental payments, other business income or program services from my program? If you can answer "yes" to any of these questions, it is possible that there may be a conflict of interest. You should review the rules below to determine whether an actual conflict situation is raised, and, if so, what action needs to betaken to avoid a violation of the law. You should contact city staff immediately if you suspect that there might be an issue. Any contractor entering into an agreement with the City in which CDBG funding will be utilized, will be required to warrant, and represent, to the best of his/her knowledge at the time the contract is executed, he/she is not aware of any improper conflict of interest as described below. Also, the contract will obligate contractors to exercise due diligence to ensure that no improper conflict situations occur during the contract. The following Federal and State Conflict of Interest Laws govern activities funded with CDBG funds: • HUD conflict of interest regulations (24 CFR Part 570.611 and 24 CFR Part 85.36) Texas Local Government Code Chapter 171.004 11. CIIV Officials Their Family. or Business Partners Benefifting from CDBG Projects. iU Rule., The HUD conflict of interest rule prohibits any "covered Person' associated with the City (as defined below) from obtaining a financial interest or benefit from a CDBG assisted activity or contract, of the proceeds under any such contract, during that covered person's tenure with the City and for one year thereafter. A "covered person" is defined by HUD as any employee, agent, consultant, officer, or elected or appointed official of the City who, with respect to CDBG-funded activities under the contract: (a) exercises or has exercised any functions or responsibilities; or, (b) is in a position to participate in a decision -making process; or, (c) is In a position to gain inside information. City staff members or consultants who exercise the above roles or function with respect to the CDBG activity are considered "covered persons." For purposes of the CDBG program, a "covered person" specifically includes Exhibit "A" any member of the Round Rock City Council, or any director of any board associated with reviewing and making recommendations on the funding for the contract, whether or not that council member or director actually participated in the review or recommendation. "Covered person" may also include member of other City boards and commissions, if that board or commission has exercised functions or decision -making with respect to the CDBG activity. The HUD rule further prohibits anyone with "family or business ties" to the covered public official from receiving a financial interest or benefit. State Law. State law requires a local public official with substantial interest in a business entity or in real property, to file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature of the extent of the interest. The state law required that any public official of the City, should publicly recuse him/herself from participating in any discussions relating to the CDBG grant -making process. Failure of the person to recuse him/herself be we the discussions begin may disqualify the organization's application for funds. ill. Interests of Persons associated with the contractor. The HUD rule also addresses financial interests that are held by certain persons associated with a CDBG contractor. The HUD rule prohibits any "covered person" associated with the contractor from obtaining a financial interest or benefit (with the exception of the use of CDBG funds to pay salaries and other related administrative and personnel costs) from a CDBG assisted activity or contract, or the proceeds under any such contract, during that covered person's tenure with the contactor and for one year thereafter. A "covered person" is defined by HUD as any employee, agent, consultant, officer, or elected or appointed official of the contractor who, with respect to CDBG-funded activities under the contract: (a) exercises or has exercised any functions or responsibilities; or (b) is in a position to participate in a decision -malting process; or (c) is in a position to gain inside information. This rule extends to those with Exhibit "A" whom the covered person has "family or business ties" (as defined above). This rule would, for example, prohibit certain employees or directors of a CDBG contractor from using CDBG funds to pay for rent on a property owned by that employee or director, as well as family and business associates of that person. IV. Remedies and Sanctions The CDBG grant contract provides that if a CDBG contractor fails to make a good faith effort to avoid an improper conflict of interest situation or is responsible for the improper conflict situation, the City may (1) suspend CDBG payments, (2) terminate the contract, (3) require reimbursement by the contractor to the City of HUD of any amounts already disbursed and/or (4) bar future CDBG funding of the contractor in the event HUD suspends or terminates its rant to the city for conflict of interest reasons, or in the event the city reasonably determines that an improper conflict of interest situation may arise from payments under the contract. This could happen whether or not the contractor is responsible for the conflict -of -interest situation. Certification: 1, the undersigned, acknowledge and certify that # have read and understand the summary of Rules for CDBG Contractors. Date: Company/Vendor Name: 5/12/2023 Famum Enterprises Inc. dba B & O Construction Printed Name and Title: A thor" Signatory: Paul Famum, President Exhibit "A" CITY Of ROUND ROCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AFFIDAVIT REGARDING CONFLICT OF INTEREST Acknowledgement: 1, the undersigned, certify that I have read and understand the conflict of interest regulations by the U5 Department of Housing and Urban Development, Community Development Block Grant Program, including 24 CFR Part 570,611: 24 CFR Part 570.611 (b) Conflicts prohibit. No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or wo are in a position to participate in a decision -making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 24 CFR Part 570.611(c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official to the recipient, or of any designated public agencies, or of subrecipients that are receiving CDBG funds. Certification: 1, the undersigned, certify and report that to the best of my knowledge, ri I have no conflict of interest to disclose 41 have the following conflict of interest to disclose: Date: 5/12/2023 Company/Vendor Name: Printed Name and Title: Paul Farnum, President Farnum Enterprioca Inc. dba B & O Construction N: Exhibit "A" Equal Employment Opportunity — Title vil of the Civil Rights Act of 1964; E.O.11246 A. The Contractor will ensure that all Subcontractor(s) and lower -tier Subcontractors agree to incorporate or cause to be incorporated into any contract for professional services or construction, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Part 60, which is paid for in whole or in part with funds obtained from the Federal government or borrowed on the credit of the Federal government pursuant to a grant, contract, loan insurance or guarantee or undertaken pursuant to any Federal program involving a grant, contract, loan insurance or guarantee, the following equal opportunity clause below. B. During the performance of the contract, the Contractor, Subcontractor(s) and lower -tier Subcontractor(s) will; 1. Not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin; 2. Take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex ornational origin. 3. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advert€sing; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship; 4. Post in conspicuous plates, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination. E.E.O. posters are included herein as Exhibit N to ensure notification of employees. 5. In all solicitations or advertisements for employees' state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or nat€onal prig€n; 6. Send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the E.E.O. commitments under this section, and shall post copies of the notice to conspicuous place available to employees and applicants foremployment; 7. Comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375, and with the rules regulations and relevant orders of the Secretary of Labor; 8. Furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders; 9. In the event of non-complance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor, Subcontractor(s) and lower -tier Subcontractor(s) may be declared ineligible for further government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies Exhibit "A" invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or otherwise provided by law; and 10. Include paragraph 8, and B1-9 in every subcontract, lower -tier subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 14, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the administering agency to enter into such litigation to protect the interests of the United States. C. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally -assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrument or subdivision of such government which does not participate In the work on or under the contract. 0. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. E. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subcontractor debarred from, or who has not demonstrated eligibility for, government contracts and Federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and Subcontractors by the City or the Secretary of Labor pursuant to Part II, Subpart D of theexecutive order. F. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the City may take any or all of the following actions: Cancel, terminate or suspend in whole or in part this grant (contract, loan insurance or guarantee) refrain from extending any further assistance to the Contractor under the CDBG program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Contractor, and refer the case to the Department of Justice for appropriate proceedings. . Title VI of Civil Rights Act of 1964 — 42 U.S.C. § 2GOOd et seq. During the performance of this contract, the Contractor, for itself, its assignees and successors interest (hereinafter referred to as the "Contractor"), agrees as follows: Exhibit "A" A. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the regulations, including employment practices. B. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notifred by the Contractor of the Contractor's obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. C. The Contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, their sources of information and U facilities as may be determined by the City and the U.S. Department of Rousing and Urban Development to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information is required or a Contractor Is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City or the U.S. Department of Housing and Urban Development, as appropriate, and shall set forth what efforts it has made to obtain the information. D. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the City or the U.S. Department of Housing and Urban Development shall Impose such contract sanctions as it may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or 2. Cancellation, termination or suspension of the contract, in whole or in part E. The Contractor shall include the provisions of paragraph A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directive issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the City or the U.S. Department of Housing and Urban Development may direct as a means of enforcing such provisions Including sanctions for noncompliance: provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the City to enter such litigation to protect the City, and in addition, the Contractor may request the U.S. Department of Housing and Urban Development to enter into such litigation to protect the interests of the United States. Exhibit "A" CERTIFICATION ON NON -LOBBYING ACTNlTIES CERTIFICATION FOR CONTRACTS GRANT AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the Award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code- Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. P IF rn President r A-' — - - TITLE 5/12/2023 DATE Exhibit "A" NON -COLLUSION AFFIDAVIT OF PRIME BIDDER/SUBCONTRACTOR State of Texas) County of Williamson) City of Round Rock) Paul Fa rn u m -,being the first duty sworn, deposes and says that: t.He/She is of of Farnum Enterprises Inc. dba B & O Construction (Owner, partner, etc.) (Company) the Bidder that has submitted the attached Bid; 2. He/she is fully informed respecting the preparation and contents of the attached Bid and of all Pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, subcontractors, agents, representatives, employees or parties in interest including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding In connection with such Contract, 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 price or prices in the attached Bid or of any other Bidder, or to fix overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement and advantage against the City of Round Rock; 5. No member of the City Council, or any person in the employ of the City is directly or indirectly Interested in the bid, or the work to which it relates, or to any portion of the profits thereof; and, 6. The price of prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest including this affiant; 7. 1 haveMreaddehe document and agrees) to comply with the terms and conditions contain.1 the Bidder am not indebted to the City of Round �ck in any form or mannerSignaturr Date: 5/12/2023 Title: President Notary: (Apply Notary Seal) (Print or type names under atl signatures) PHYLLIS GIBICH `F Notary ID 41219775495 +. My Commission Expires 't.1.1 , October 20, 2o23 Exhibit "A" . Minority, Women -owned, Small Business Enterprise (M/WJSBE) — 24 CFR Part 85(e) The Contractor, and any subsequent Subcontractors, shall take affirmative steps to contract with minority, women -owned and small businesses, and labor surplus area firms. Affirmative steps shall include: A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; E. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and F. Requiring the prime Contractor, if subcontracts are to be let, to take the affirmative steps listed in this section. Copyrights and Patent Rights — 24 CFR Part 85.34 and Part 85.36(i)(8) No reports, maps or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Contractor or any Exhibit "A" No persons described in A through D above who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract or agreement with respect to the CD$G-assisted activity, or with respell to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. Records Retentlon — 24 CFR Part 85.42(a)-(d) The Contractor shall comply with the CDBG records retention regulations. Financial, program, supporting, statistical and other records pertinent to this contract and the grant program shall be maintained for 4 years (24 CFR Part 570(a)(16)). However, if any litigation, claim, negotiation, audit or other action Involving the records starts before the expiration of the 4 year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the 4 year period, whichever is later. Records Access — 24 CFR Part 85.42(e) & (f) The Contractor shall give access to all records, pertinent books, documents, papers or other records related to this contract to the awarding agency, the Comptroller of the united States and any of their authorized representatives in order to audit, examine, excerpt and transcribe information as needed, Exhibit "A" Attachment H — Pictures Location #3 Replace HVAC / Furnace inside and outside to include new thermostat Replace Roof Replace rotten siding on chimney EXHIBIT "B" W9 FORM 10 Form WM9 (Rev. October 2018) lot eveclnueSTreas ry on your Farnum r 2 Business Request for Taxpayer Identification Number and Certification ► 60 to www-1r&gov1FormVM for Instructions and the latest information. a tax return). Name is required on this line: do not leave this line blaralk. Inc. dba B&O Construction mutt name, n 8 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or ❑.� C Corporation 115 Corporation ❑ Partnership ❑ TnrsVestate single -member LLC ❑ Limited liability company. Enter the tax classification (C-C corporation, S=S corporation, P=Partnership) r► Note: Check the appropriate box In the line above for the tax daUffication of the singlamernber owner. Do not check LLC if the LLC is classified as a single -member LLC that is crwegarded from the owner unless the owner of the LLC is another LLC that Is not disregarded Isom the owner for U.S. federal tax purposes. Otherwise, a single -member LLC the is disregarded from the owner should check the appropriate box for the tack classification of its owner. Other (see instructional ► or 16238 Fm 620, Suite F-405 a City, state, aW ZIP code Austin, TX 78717 7 Ust account numbedai here reoti Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entities, it is your employer identification number (EfN). If you do not have a number, see flow to get a TlN, later. Note: If the account Is In more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. name alve Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entities, not individuals; see Instructions on page 3): Exempt payee code (II arty) Exemption from FATCA reporting code Of arty) LN0©L10KJK2©1E Under penalties of perjury, I certify that: f . The number shown on this form Is my correct taxpayer Identification number (or 1 am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withhokfrng, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withhold ng as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have faired to report all i r t and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonm of s red property ncellation of debt, contributions to an individual retirement arrangement {IRA), and generally, payments other than Interest and divider ou al not iced to sign the certification, but you must provide your correct TIN. See the Instructions for Part 11, later. �rtlrr Signature of Here U.S, person 1 General Inst4i Date ► • Form 1099-DIV (dividends, Including thosakom stocks or mutual funds) Section references are to the internal Revenue Cade unless otherwise noted. • Form 1099-MISC (various types of Income, prizes, awards, or gross Future developments. For the latest Information about developments related to Form W-8 and its instructions, such as legialatfon enacted proceeds) . Form 1090-B (stock or mutual fund sales and certain other after they were published, go to www.frs.gavlFormlM9. transactions by brokers) Purpose of Form . Form 109M (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) An Individual or entity (Form W-9 requester) who is required to fife an - Form 1098 (home mortgage interest), 1098-E (student loan Interest), information return with the IRS must obtain your correct taxpayer f098-T (tuition) Identification number (TIN) which may be your social security number (SS", Individual taxpayer Identification number (111N), adoption • Form 1099-0 (canceled debt) taxpayer identification number (ATIN), or employer Identification number • Form 1099-A (acquisition or abandonment of secured property) (EIN), to report on an Information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. retums Include but are not nmlted to, tho following. It Y0u do not n3tum Form W-9 to the requester w#h a 77N, you might • Form 1099-INT pntetest earned or pall) be subject (a backup withholding. See What is backup withholding, later. Cat N0.1023lx Form W-9 (R..1p 201a) City of Round Rock IOUND ROCK Agenda Item Summary Agenda Number: Title: Consider executing a CDBG Community Development Housing Repair and Rehabilitation Program Contractor Agreement with Farnum Enterprises (dba B&O Construction) for property at 506 Edwards Dave. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/19/2023 Dept Director: Joe Brehm Cost: $21,710.00 Indexes: CDBG HUD Entitlement Grants Attachments: Contractor agreement 506 Edwards Drive, LAF - CDBG Home Repair - Contractor's Agreement 506 Edwards Drive Department: Community and Neighborhood Services Text of Legislative File CM-2023-113 Consider executing a CDBG Community Development Housing Repair and Rehabilitation Program Contractor Agreement with Farnum Enterprises (dba B&O Construction) for property at 506 Edwards Drive in the amount of $21,710. The contractor will be paid directly from CDBG funds. The major work to be done on this property is replacement of complete HVAC System and roof. The expected cost of the project is $21,710.00 and no more than $27,137.50 with any necessary change orders. Cost: $21,710.00 Source of Funds: CDBG Program Funds City of Round Rock Pagel of 1