CM-2023-115 - 5/19/2023COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) -
COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM
CONTRACTOR AGREEMENT
This CDBG Community Hou m Repair and habilitation Program Contractor
Agreement (Agreement), is made this day of , 2023, between the
CITY OF ROUND ROCK, Texas, 221 East Main Street,' Round Aock, Texas ("CITY"), and
FARNUM ENTERPRISES, INC., dba B&O Construction, 16238 Highway 620, Suite F-405,
Austin, Tx 78717 ("CONTRACTOR").
RECITALS
WHEREAS, CITY has been awarded grant funds which may be spent by CITY for the
provision of certain services authorized under the U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) Program; and
WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their
residence by providing a grant to pay CONTRACTOR for labor, materials and equipment to be
utilized in the rehabilitation; and
WHEREAS, CITY issued its "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 SETTLEMENT THE SEC 2, BLOCK A, LOT 10, Williamson
County, Texas, also known as 801 Lawman's Court, Round Rock, Texas 78665 (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 #2 (collectively the
"Bid Documents"), attached hereto and incorporated herein as Exhibit "A," by reference for all
purposes;
NOW THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, CITY and CONTRACTOR agree as follows:
ARTICLE 1
GENERAL REQUIREMENTS
1.1 CITY will pay CONTRACTOR Eighteen Thousand Five Hundred Eighty -One and
No/100 ($18,581.00) ("Contract Amount"). Funds will not be used to pay the homeowner
or members of its family.
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1.2 Payment will be made by CITY for all work described in the Bid Document after all of
such work is found to be satisfactorily completed and inspected by the Construction
Advisor, as defined in the City of Round Rock Minor Home Repair Program Policies and
Procedures, and the CITY Inspector. CITY will pay CONTRACTOR for work in
accordance with CITY'S Prompt Payment Policy, as defined in the City of Round Rock
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 $4,645.25.
1.5 All work specified in the Bid Documents will be satisfactorily completed within ninety
(90) days from the date of the Notice to Proceed 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.
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2.6 CONTRACTOR agrees to complete the work within ninety (90) days from the date of the
Notice to Proceed. If completion is delayed for reasons beyond the CONTRACTOR's
control, CONTRACTOR will provide timely notice to CITY of the reasons for such delay.
If such good cause is claimed by CONTRACTOR, it will be CONTRACTOR'S obligation
to substantiate its claim by adequate documentation.
2.7 CONTRACTOR affirms that it has not been debarred from performing federal contract
work.
ARTICLE 3
OTHER PROGRAM REQUIREMENTS
3.1 PERMITS AND CODES. CONTRACTOR agrees to secure and pay for all necessary
permits and licenses required for CONTRACTOR'S performance and to adhere to
applicable local codes and requirements whether or not covered by the Bid Documents,
including any CONTRACTOR registration requirements.
3.2 DISCRIMINATION. CONTRACTOR will not exclude any person from participation in,
deny the benefits of or subject the person to discrimination under any of the
CONTRACTOR's activities while receiving federal financial assistance on the grounds
of race, color, religion, sex, national origin, age or disability.
3.3 WARRANTY. CONTRACTOR agrees to provide a full one-year warranty to the
homeowner, said warranty will extend to subsequent owners of the property to be
improved. The warranty will provide that improvements, hardware, and fixtures of
whatever kind or nature installed or constructed on said property by the CONTRACTOR
are of good quality and free from defects in workmanship or materials or deficiencies
subject to the warranty provided in this paragraph. CONTRACTOR and CITY agree,
however, that the warranty set forth in this paragraph will apply only to such deficiencies
and defects as to which homeowner or subsequent owners will have given written notice
by certified mail to the CONTRACTOR, at its principal place of business, within one (1)
year from the date of the final inspection and acceptance by the CITY Inspector that all
work under the Agreement has been completed.
3.4 BID. CONTRACTOR acknowledges that it has prepared the Bid Documents, attached
hereto and incorporated herein as Exhibit "A" and that such Bid Document is accurate
and consistent as to the name of CONTRACTOR, scope of work that the
CONTRACTOR will under -take, and price. CONTRACTOR acknowledges the
performance requirement established in the write up and warrants that all work
undertaken will conform to said specifications.
3.5 REMOVAL OF DEBRIS. Upon completion of work CONTRACTOR agrees to remove
all construction debris and surplus material from the Property and leave the Property in a
neat and clean condition.
3.6 SUBCONTRACTORS. CONTRACTOR agrees that all the warranties contained herein
will apply to all work performed under this Agreement, including that performed by any
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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 liable for an indemnified
claim.
3.12 CHANGE ORDERS. CONTRACTOR expressly agrees that no material changes or
alterations in the Bid Documents or price provided above will be made unless in writing,
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mutually agreed to by the homeowner and CONTRACTOR, and authorized by CITY.
3.13 TERMS. All references in this Agreement to any particular gender are for convenience
only and will be construed and interpreted to be of the appropriate gender. For the
purposes of this Agreement the term "will" is mandatory.
3.14 SEVERABILITY. Should any provision in this Agreement be found or deemed to be
invalid, this Agreement will be construed as not containing such provision, and all other
provisions which are otherwise lawful will remain in full force and effect, and to this end
the provisions of this Agreement are declared to be severable.
3.15 PUBLIC INFORMATION ACT. The CITY is governed by the Texas Public Information
Act, Chapter 552 of the Texas Government Code. This Agreement and all written
information generated under this Agreement may be subject to release under this Act.
3.16 PERFORMANCE. In performing this Agreement, CONTRACTOR will comply with all
local, state, and federal laws.
3.17 LIEN WAIVERS. CONTRACTOR agrees to protect, defend, and indemnify homeowner
and CITY from any claims for unpaid work, labor, or materials with respect to
CONTRACTOR'S performance. Final payment will not be paid until the
CONTRACTOR has delivered to CITY complete release of all liens for work completed
arising out of CONTRACTOR'S performance or a receipt in full, covering all labor and
materials for which a lien could be filed or a bond satisfactory to the homeowner and
CITY indemnifying him against any lien.
3.18 REPORTING REQUIREMENTS. CONTRACTOR agrees to submit a W9 Form,
attached hereto and incorporated herein as Exhibit "B" to fulfill reporting requirements
with the Internal Revenue Service.
ARTICLE 4
SUSPENSION AND TERMINATION
4.1 If CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this
Agreement, 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: CITY:
FARNL 4M ENTERPRISES, INC. CITY OF ROUND ROCK
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Laurie Hadley, City Mana
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I
Title
EXHIBIT "A"
BID DOCUMENTS
Exhibit "A"
:K TEXAS
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www. roundrocktexas.gov
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
C lass/Item: 909-62
MAY 2023
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS
PART
GENERAL REQUIREMENTS
1. 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 II — 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://roundrocktexas.bonfirehub.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.
6. 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: https:I/roundrocktoxas.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 protest@roundrocktexas.gov.
In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract
unless it is determined that the award must take place without delay, to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest.
Page 4 of 10
Exhibit "A"
City of Round Rock
CDBG Home Repairs
RFQ TR042623
ClassAtem: 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:
i. You must file a written notice of your intent to protest within four (4) working days of the date that
you know or should have known of the facts relating to the protest. If you do not file a written notice
of intent within this time, you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten (10) working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A) above.
iii. You must submit your protest in writing and must include the following information:
a. your name, address, telephone number, and email address.
b. the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
violated.
d. a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e. a statement of any issues of law or fact that you contend must be resolved; and
f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the
Purchasing Manager, with assistance from the City Attorney, shall make one of the following
determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination. The City will prepare updated
solicitation documents and will re -solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However, the awarded contract will not
be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent
City staff.
iv. A determination will usually be made within fifteen (15) business days after receipt of the 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
Exhibit "A"
City of Round Rock
CDBG Home Repairs
RFQ TR042623
Class/item: 909-62
MAY 2023
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:
httns://www.roundrocktexas.aov/city-departments/vurchasina/. In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktaxas.00v/city-departments/purchasiny/
Page 6 of 10
Exhibit "A"
City of Round Rock
CDBG Home Repairs
RFQ TR042623
Class/Item: 909-62
MAY 2023
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The term of the Agreement shall begin from date of award and shall remain in full
force until inspection and acceptance of the completed project.
2. 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 httos://roundrocktoxas.bonfirehub.com.
S. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules, and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules, and regulations in the performance of these services.
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. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5) working days.
The awarded respondent will be notified within the time frame if the services delivered are not in full
compliance with the specifications. In the event the services are not performed to the satisfaction of the
City; the vendor shall agree to reperform services to specification at no additional cost to the City. If any
agreement or purchase order is cancelled for non -acceptance, the needed services may be purchased
elsewhere.
10. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
11. PERMITS: The successful Respondent shall verify and obtain all necessary permits, licenses, and/or
certificates required by federal, state, and local laws, ordinances, rules, or regulations for the completion of
the services as specified if required for the project.
12. AWARD: The City 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 htti)s://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
ClassAtem: 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: 512-341-3328
E-mall: ealvarado(&roundrocktexas.aov
Page 9 of 10
Exhibit "A"
City of Round Rock
CDBG Home Repairs
RFQ TR042623
ClassiItem: 909-62
MAY 2023
PART IV
SCOPE OF WORK
1. INTRODUCTION: The City of Round Rock seeks to contract with qualified Contractors to provide all
material, labor, and services to repair residential homes in accordance with the Federal Community
Development Block Grant Program (CDBG).
2. PURPOSE: This 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, the work, flooring, sheet rock,
plumbing, HVAC, outdoor siding, roof, and other residential items. Repairs made shall ensure
contracted work meets all applicable Federal, State, and Local building codes.
3. CONTRACTOR RESPONSIBILITIES: The Contractor shall -
A. Provide all personnel, supplies, and equipment needed to complete specified repairs..
B. Coordinate with the City to develop a project schedule that is mutually agreeable to both parties.
C. Provide a list of responsible representatives with names, titles, addresses of Contractor(s), and
telephone numbers shall be furnished to the City.
D. Be responsible for the reinstallation of any existing items that are required to be removed to
accommodate another repair (i.e., the reinstallation of a toilet that was removed to repair a bathtub).
E. Leave all excess interior and exterior paint with homeowner in sealed containers.
F. Provide remnant or "off market" products that are in new or like new condition. Colors that do not match
existing colors or are a neutral tone shall have the homeowner's approval.
G. Upon completion of the repairs, remove and properly dispose of all containers, surplus material, and
debris from said repairs and leave the site in a clean and orderly condition.
H. All repairs specified within this solicitation shall be completed to a "move -in ready' condition, clean, and
functional.
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 Shoot - Revision 1
Location 2 - RFQ TRO42623 Community Develoament Block Grant fCDBGI Home Reaairs
item #
Repair Item Location
Repair Item
Scope of work
Colt
Chimney needs repair it has been damaged and destroyed over the
years . Replace chimney panels and trim with hardiplank, paint to
1
Outside
Chimney
match
$ 4,767.00
Back door
2
Back Door
Back door installation (homeowner is providing new door)
$ 495.00
Replace fascia and soffit around the outside of house. The soffit is
3
Outside
Fascia and soffit
perferated. Paint to match
$ 8,962.00
Regla:e one window 3 out of 4 panelsl at the back of house next to
back door and regiaze another window on north side of house 28"x45",
4
Windows
Window
replace window trim and paint to match.
$ 1,862.00
5
Inside
Ceilin repair___
Repair cellin4 in entryway of home, paint to match.
$ 1,02500
Roof
Partial re lacement of roof based on damage.
6
Roof
$ 1,200.00
7
Outside
Columns
Replace rotten colunms at front ptkrch of house, paint to match.
S 2,270.00
TOTAL COST:1
$ 18,581.00
Company Name:EFamm Ente rises, Inc dba eS D Constructionarnum
Y _ Contact Email:
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 )_24.1-9263_ _ 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'$ NAME: Farnum Enterprises Inc dba B & o Construction 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
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
Davis Plumbing Services LLC
Raymond Thomas Davis
davisplumbingtx@gmail.com
3916 Tapado Canyon Trail
Round Rock, TX 78681
(512 ) 382-5646 Fax Number: ( )
plumbing services
2.5 %
Solid Group LLC
Gib Wentworth
President
gib@austinsolidgroup.com
716 County Road 105 Spur
Hutto, TX 78634
(512 ) 373-8253 Fax Number:( 512 ) 373-8577
concrete work
2.5 %
0 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 B8o Construction 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
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
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
Hourly
$12.38
Sheet Metal Workers
Hourly
$13.25
Structural Iron and Steel Workers
Hourly
$14.75
Helpers - Brickmasons, Blockmasons, Stonemasons, and Tile and Marble
Setters
Hourly
$12.36
Helpers - Carpenters
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
Hourly
$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 (UE!##):
Bidders are required to provide the UEI#. To register, please access the
following internet website: htt sam.g�ov .
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 1 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.�eov . Their
phone number is (866) 606-8220. Aw
Exhibit "A"
Certification Regarding
Debarment and Suspension
Cartifleation A: CertHfcatian Regarding Debarment.
Suspension and Other Responsibility Matson - Primary
Covered Transactions
t. The prospective primary participant certifies to the best Of its knowledge
and belief that its pnccipais:
a. Are not presently debarred. suspended. prOPosed for debarment,
d*darsd ineligible, or volumartly excluded from covered transactions by
any Federal debarment or agry: an
b. Have not wittun a three-year period Preceding this ProPosel, been
convicted of or had a GM judgment rendered against them for cprrunlSsion
Of fraud or a criminal offense in connection with obtaining, atlempan, to
obtain, or pariorming a public (Federal. State. or local) transaction or
contract tender a public transaction; vtotetian of Federal or State antitrust
statutes Or commission of embezzlement, then, forgery, bribery,
falsification, or destruction of records. making false statement, or receiving
stolen property:
c. Are rot presently indicted for or otherwise cnmmaty or civiiiy charged by
a governmental entity (Federal. State or local) with commission of any of
the Offenses enumenatad in paragraph (1)(b) of this certiticetion: and
d, Howe not within a three-year period Preceding this application1proposat
had one or more public transaclonts (Federal, State Or local) temtinated for
cause or default.
2. Whole the Prospective Primary participant Is unable to comfy to any of
the atatemanl �n this certification, suety prospective parboipanl shall attach
an explanation to this proposel.
instructions for Certification (A)
1. By signing and submitting btis proposal, the Prospective lximary
participant is providing the certification set out betow.
2 The inability Of a person to provide the certification required below,w:i
not necessaries result in denial of participation in this covered transaction.
The prospective participant shalt submit an explanation of why it cannot
prov de the certification eel out below The ceeacation or explanation will
be considered In connection with the department or agency's
determination whether to War into this transaction However, failure of
the Prospective Primary Participant to furnish a codification of the
poSpective Primgry participant to furnish a certification or an explanation
shall disqualify such person from Participation in this transaction
3. The cenificabon in this clause 13 a material representation of fact upon
which reliance was in place when the daparimsm or agency determined fu
enter into this transaction. tf it is later determined that the prospectva
Primary participant knowingly rendered an erroneous Certiflcatlon in
adoraon to Other remedies aveiiabte to
Me Federal Government, the
department or agency may terminate bmis transaction for cause of default,
U.S. beparf ment of Housing
and Urban Nveiopttnent
4 The prosi ecbva Primary Participant shall Prands Immediate
written -tics to the department or agency to whom this proposet s
submitted if at any time the prospective Primary participant learns
that its e4i"I fition was erroneous when submtred or has become
ernameous by reason d(changed circumstances.
5. The tenets covered transactfon debarred, suspended,
Inaligthle, lawn per covered transaction. parderpar,% person,
Primary covered transacton, Princlpal, proposal, and
voluntarily exchadad, as used in this clause, have the meanings
set out In the Definitions and Coverage sections of the rules
ImPlan'antlng Execultve Order 12549 You may contact the
department or agency to which this proposal is being submitted for
assistance in obtaining a copy of these regulations.
6. The prospective primary participant agrees by submitting this
Proposal that should cite Proposed covered transadien be entered
into, it short not knowirrgly enter any to~ list covered bansoclion
with a Person who is debarred, suspended, (led ineligible, or
voluntarily excluded from participation in this covered lransaCttdn,
unless authorized by the departineril or agency entenng into this
transaction
7 The prospective primary Participant Wither agrees by submitting
this Proposal that it wilt include the clause ailed 'Certiti aftn
Regarding Dehamtant, Suspension, Ineligiblity and VoluntaryExclusion -Lower Tier Covered Transaction.* provided by the
department or agency entering imo this covered transaction, wiiMui
modification, in all lower tier covered transactions and r all
solicitations for lower bor covered transaction
S. A participant In a covered trarmsacbon may rely upon a
certification of a prospective participant in a 10wer tier covered
transaction that it Is riot debarred, suspended. inaigible, or
voluntarily exdudsd form the covered transaction, unless it knows
that the Certification is erroneous A participant may decide the
method and frequency by which It dslermines this eligibility of its
Principals. Each Participant may. but is not ragwrod to, check the
Nan-proctrement list.
9. Nothing contained in the foregoing sha!I be construed to require
establishment of a system Of records In order to render in good faith
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 Ord -nary course of
business dealings.
10. Except for transactions authorized under paragraph (6) of these
inslruclions, if a Participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who Is
suspended, debarred, Inelgibie, of voluntarily excluded horn
Participation n this transaction, in addition to other remedial;
available to the Federal Goverment, the department or agency
may terminate this tranSaction for cause of default.
Page 1 of 2 form HUD-2992(3i98)
Exhibit "A"
Cartlficatlon B.' Certification Regarding Debarment, suspension,
Inallglble and Voluntary Ei:xclualort— Lower Tier Covered Transactions
1 The Prospective tower tier panrciparn certifies. by submission of this
Proposal- that neither it not its P&ICiPals is Presently debarred, suspended,
proposed for debarment. declared ineligible, or voluntarily excluded from
0"dPetron in this transaction by any Fedora'. departrnanl or agency
2. Where titre Prospective tower tier participant cl unabne to testily to any of
the statements in this certification. such pmspacl,ve Participant shall attach
an explanation to this propose.
Inatructlons for Caroftation (Idl
I. By signing and submitting this proposai, the prospective lower tier
Participant is providing the certir "km set out below.
2. The certification in this douse is a material representstnn of fact upon
which reliance was piaced when thin transaction was entered into. If it is
later determined that the prospective lower tier participant knowingly
rendered an erroneous certificatlon, 'n addition to other remedies available
to the Federal Goverrumnt, the department Of agency with which this
transaction originated may pursue available rarredies including suspension
and/or debarment
3. The prospective lower bar Participant span provide immediate written
notice to the Person to which this proposal is submitted if al any time the
prospective lower tier Particlpanl learns that its Offffiication was erroneous
when subn*W or has become by reason of Changed circumstaneea.
4. The terms covered transaction, debarred, suspended, ineligible,
lower tler covered transaction, Patlicipant, Person, prlmery covered
IlmnaactlOn. Prktdpal, proposal, and voluntarily excluded, as used in
this clause, have the meanings set out in the Definitions and Coverage
sections of +tiles implementing Execubve Order 12549. You may contact
the Person to which this Proposal Is submitted for assistance in obtaining a
copy Offheaaregulations.
5. The prospective lower ter participant agrees by submitting this
Proposal that should the proposed covered ftmsacWn be entered
'nto, it errs" not krwrwngiy enter Into an lower bar transaction with a
Person who ra debarred, suspended, declared ineligible, or
vo'untsrily excluded from psrtidpabon in this covered transaction,
unless aulhOnzed by pie department or agency with which this
tramsattlon originated.
6 The proapedlve lower Fier Participant further agrees by
submitting this Proposal that it will include this clause titled
'Certirlcatlon Regarding Debarment. Suspension, Ineligibility and
Voluntary Exclusion — Lower Tier Covered Transecdon,' without
modAcatiom. in a" lower tier covered transactions and in all
sdidtel orts %f tower tier covered transactions,
7 A Participant in a covered transaction may rely upon a
oerltlication of a Prospective participant in a lower tier covered
trinssed" that tl is not debarred, suspended. Ineligible, or
voluntarily excluded from the covered transaction, unless it knows
thal the certification is erroneous. A participant may decide fhe
method and frequency by which h determines the ebgibllity of its
Principals EaCh Participant may. but is not required to. check the
Non -procurement list
8 Nothing conto.ned in the foregoing shall be construed to require
establishment of a system of records in order to render in good
faith the certification required by Ift douse. The knowledge and
information of a p8fWPant Is not required to exceed that which is
normaay possessed by a prudent person In the ordinary course of
businasz dealings.
9. Except for transactions authorized under paragraph (5} of these
instructions, If a Participant in a lower covered transaction
knowingly enter; into a lower tier covered transaction with a person
who is suspended, debarred, trteligibte, or voluntarily excluded from
participation In Ibis transaction, in addition to Other remedies
available to the Federal Govemnient, the department or agency
with which this transaction originated may pursue available
remedles including Suspension andlar debarment
Famum Enterprises Inc. dba B & O Construction i 5112I2023
President
Page 2 of 2 form HUD-2992(3I98)
Exhibit "A"
CONFLICT OF INTEREST
SUMMARY OF RULES FOR CDiSG CONTRACTORS
M. 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 famil members or business associates of my
employees or beard members,
o A city employee or consultant who exercises CDBG-
related 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
city 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
I�• City Officials...Their Family, or Business Partners Ben ng from CDBG
Prollects.
HUD Rule. The IUD conflict of interest rule prohibits any "covered
�erson" 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, W 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 -malting 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 taw. 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 re
the discussions begin may disqualify the organization's application for
funds.
M. 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 erson" 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 -making 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:
I, the undersigned, acknowledge and certify that I have read and understand
the summary of Rules for CDBG Contractors.
Date:
Company/Vendor Name:
5/12/2023 Farnum Enterprises Inc. dba B & O Construction
Printed Name and Title: /A thornA Signatory:
Paul Famum, President
Exhibit "A"
CITY OF ROUND ROCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AFFIDAVIT REGARDING CONFLICT OF INTEREST
Acknowledgement:
I, the undersigned, certify that I have read and understand the conflict of interest
regulations by the US 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 -malting 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
thereunderr 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 subreciplents that are receiving CDBG funds.
Certification:
1, the undersigned, certify and report that to the best of my knowledge,
I have no conflict of interest to disclose
a I have the following conflict of interest to disclose:
Date: 5/12/2023
Company/Vendor Name:
Farnum Enterpriat:s Inc. dba B & O Construction
Printed Name and Title:
Paul l=amum, President
Exhibit "A"
. Equal Employment Opportunity — Title vu of the avil Rigiht« 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.
S. 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 or national
origin.
3. Such action shall include, but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of
pay or other forms of compensation; and selection for graining, including apprenticeship;
4. Post in conspicuous places, 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
national origin;
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 in 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 1137S, and with the rules regulations and relevant orders of the Secretary
ofLabor;
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-compliance 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"
invoiced 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 B, and 81-9 in every subcontract, lower -tier subcontract or purchase
order unless exempted by rules, regulations or orders of the Secretary of tabor 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.
D. 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 ease to the Department of Justice for appropriate proceedings.
. Title VI of Civil Rights A[t of 1W — 42 U.S.C. § 2OOOd et seq.
During the performance of this contract, the Contractor, for itself, its assignees and successors
interest (hereinafter referred to as the "Contractor 1, 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 notified by the Contractor of the
Contractor's obligations under this contract and the regulations relative to nondiscrimination on
the grounds of race, c6or, 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 its facilities as may be determined by the City and the U.S.
Department of Housing 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 falls or refuses to furnish this Information, the
Contractor shall so certify to the Cty 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 Contractors 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 NOIJ-LOBBYING ACTIVITIES
CERTIFICATION FQEQ9N!RAQT1L1RAN1J.AANQD LOANS
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federar 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.
If any funds other than Federaa 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 triers (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.
President
ITL
5/12/2023
D TE
Exhibit "A"
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER/SUBCONTRACTOR
State of Texas)
County of Williamson)
City of Round Rock)
Paul Farnum
being the first duly sworn, deposes and says that:
1.He/she is of nwner 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, dsrectly or indirectly sought by
agreement or collusion or communication or conference with any other Bidder, firm or person to fix
price or prices ;n 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;
S. 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 in 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 affant;
7. 1 have read7dt,
def sta he document and agree(s) to comply with the terms and conditions
contained a hJler ; 8.1 the Bidder am not indebted to the City of Round Pick in any form or
manner. f �
Signatur _- _n� � Date: 5/12/2023
Title: President Notary:
(Apply Notary Seal) (Print or type names under all signatures)
___A���__
i••• •oa PHYLLIS GISICH
f. : Notary10 a128775495
1 C�y'r My Commission Expires
'tact` October 20, 2o23
Exhibit "A"
. Minority, Women -owned, Small Business Enterprise (M/W/
85(e) SSE) — 24 CFR fart
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 Yvemen'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, I subcontracts are to be let, to take the affirmative steps
fisted In this section.
Copyrights and Patent Rights — 34 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 ar
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 CDBG-assisted activity, or with aspect 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 Retention — 24 CFR Part 85.42(a)-(d)
The Contractor shall comply with the CD$G 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 fart 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 G- Pictures Location #2
Chimney
Windows-reglaze one window
Exhibit "A"
Fascia / Soffit around house
Ceiling Repair in living room entrance to house
Root
Exhibit "A"
Replace both columns
Exhibit "A"
Exhibit "A"
Remove back door and install new back door (labor only -back door will be provided by homeowner)
EXHIBIT "B"
W9 FORM
10
Far,,, W=9 Request for Taxpayer Glue Form to the
(Rev. Wober2018) Identification Number and Certification recivaeter. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ► (to to www.1rs,gov1FormW9 for inst uadons and the latest Information.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
Farnum enterprises, Inc. dba B&O Construction
2 Business nameldisregarded entity name, if different from above
rn S Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only we of the 4 Exemptions (codes apply only to
following seven boxes.
certain entities. not individuals; see
❑ Intllvldual/sofe proprietor or ID Corporation ❑ S Corporation ❑ Partnership ❑ Truaveatate Instructions on page S);
single -member LLC Exempt payee code (if any)
jr ❑ Umfted liability company. Enter the tax classification (C-C corporation. S=S corporation, P-Partnership) ►
o Note: Check the appropriate box in the flee above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting
i= LLC 9 the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC Is
n another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code (1f any)
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) ► s aw, m.�a r r,,,,i �► o„�,ur m.usb
6 Address (number, street, and apt. or suite no) See Instructionm liequestel'e name and address (optional)
16238 Fm 620, Suite F-405
e Cffy, state, and ZIP code
Austin, TX 78717
7 List account number(s) here (optional)
T a er Identification Number N
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number
backup withholding. For indMduaft,die this is dgenerallyentity, your social security number .Sale). However, for a J- m - LLI�
resident alien, sole proprietor, or disregarded entity, sea the IrrstrUC1io11s for Part I, later. For otherF1 I entities, it is your employer identification number (EIN). If you do not have a number, sae How to �t a
TFN, later.
or
Note: If the account Is In more than one name, see the InstmOons for line 1. Also see Whet Name and I rimployer identiHfcaVon number
Number To Give the Requester for guidelines on whose number to enter.
7 4 - 2 8 1 9 4 't 7
Under penalties of perjury, I certify that:
1. The number shown on this form Is my correct taxpayer Identification number (or I am wafting for a number to be issued to me); and
2.1 am not subject to backup withholding because: (a)1 am exempt from backup withholding, or (b) I have not been notified by this Internal Revenue
Service (IRS) that I am subject to backup withholding as a reedit 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 cods(s) entered on this form Of 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 failed 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,
aoquisition or abandon of s red property noellation of debt, contributions to an Individual retirement arrangement {IRA), and generally, payments
other than Interest and divfden ou ar not ui% to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later.
Sign Signature of. i {IF -
Here U.tl,peman► Date►
• Form 1099-DIV (dividends, including thonk stocks cr mutual
General lns+ct!04 I
funds)
Section references are to the Internal Revenue Cade unless otherwise . Form 1099-MISC (various types of Income, prizes, awards, or gross
proceeds)
Future developments. For the latest information about developments . Form 109" (stock or mutual fund sales and certain other
rebated to Form W-9 and its Instructions, such as legWation enacted traftsactions by brokers)
after they were published, go to www.hs.gov/FwmV*.
• Form 109" (procaeds from real estate transactions)
Purpose of Form • Form 1099-K (merchant card and third party network transactions)
An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage interest), 1098-E (student loan interest),
information return with the IRS must obtain your correct taxpayer 11096-T (tuftion)
Identification number (TIN) which may be your social security number • Form 1099-0 (canceled debt)
(SSM, indhviduaf taxpayer Identification number ATIN), adoption
taxpayer identification number (ATIM. 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.
returns Include. but are not amitod te, urea fonowing. If you do not r&rum Foam W-9 to the requester with a 77N, you might
• Form 1099-INT (interest earned or paid) be subject to backup withholding. Sae What is backup withholding,
later.
Cat 140.1023tx For.. W-9 (Rev. io-tots)
MOUND ROCK
TFXI';
City of Round 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 801 Lawman's Court.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/19/2023
Dept Director: Joe Brehm
Cost: $18,581.00
Indexes: CDBG HUD Entitlement Grants
Attachments: LAF - CDBG Home Repair - Contractor's Agreement 801 Lawman's Court,
Contractor agreement 801 Lawman's Ct
Department: Community and Neighborhood Services
Text of Legislative File CM-2023-115
Consider executing a CDBG Community Development Housing Repair and Rehabilitation Program
Contractor Agreement with Farnum Enterprises (dba B&O Construction) for property at 801 Lawman's
Court in the amount of $18,581.00. The contractor will be paid directly from CDBG funds. The major work
to be done on this property is replacement of front porch columns, roof repair, replacement of all fascia
and soffit, and chimney repairs. The expected cost of the project is $18,581.00 and no more than
$23,226.25 with any necessary change orders.
Cost: $18,581.00
Source of Funds: CDBG Program Funds
City of Round Rock Page 1