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CM-2023-291 - 12/8/2023COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION HOMEOWNER AGREEMENT This CDBG Commu Housing Rep abilitation Homeowner Agreement (Agreement), is made this day of 'r and Re , 2023, between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas (CITY), and YOUNG H KIM AND JA H KIM, whose address is 1408 Clearview Loop, Round Rock, Texas 78664, Texas (collectively the HOMEOWNER). RECITALS WHEREAS, the CITY has been awarded grant funds which may be spent by the CITY for the provision of certain services authorized under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a grant to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, HOMEOWNER has qualified for the rehabilitation of GREENSLOPES AT LAKECREEK, SEC 8, BLOCK L, LOT 9, a subdivision in Williamson County, Texas, also known as 1408 Clearview Loop, Round Rock, Texas 78664, as specified in the Work Write -Up Bid Document, attached hereto and incorporated herein as Exhibit "A". NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY and HOMEOWNER agree as follows: ARTICLE 1 GENERAL REQUIREMENTS 1.1 CITY will pay a contractor, by separate agreement attached hereto and incorporated herein as Exhibit "C" (Contractor's Agreement), $21,931.28, (Contract Price) for labor, materials and equipment utilized in the rehabilitation of HOMEOWNER's above - referenced property, as specified in the Work Write -Up Bid Document. Funds will not be used to pay HOMEOWNER or members of its family. 1.2 The Contract Price and any approved change orders will not total more than $27,414.10, ARTICLE 2 HOMEOWNER'S RESPONSIBILITIES 2.1 HOMEOWNER has qualified for a grant under the Low to Moderate Income guidelines as set forth in Section 8, Income Limits established and amended annually by HUD, attached hereto and incorporated herein as Exhibit "B". 44ty,3�-05�39��841s2� c 2.2 HOMEOWNER has resided in and been the owner(s) of the residence to be rehabilitated for at least one (1) year prior to the submission of its application. 2.3 The residence to be rehabilitated is not located in a flood zone area as defined in CITY's Flood Insurance Map, produced by the Federal Emergency Management Agency, or if it is located in a flood zone, HOMEOWNER has sufficient flood insurance, which HOMEOWNER will keep current for at least five (5) years after receiving the award. 2.4 All property taxes on the property are paid up to date, including CITY, County and applicable School District Taxes. 2.5 The residence is not under a Contract for Deed, or any similar purchase agreement, in which HOMEOWNER does not obtain legal title until final payment is made. HOMEOWNER has not received HUD Program assistance for the preceding five (5) years. 2.6 HOMEOWNER understands and agrees that the work performed by contractor will be inspected by the Construction Advisor, as defined in the City of Round Rock Housing Repair and Rehabilitation Program Policies and Procedures, and a City Inspector before any funds are paid out and the rehabilitation is completed. ARTICLE 3 OTHER PROGRAM REQUIREMENTS 3.1 DISCRIMINATION. HOMEOWNER will not exclude any person from participation in, deny the benefits of or subject the person to discrimination under any of the contractor's activities while receiving federal financial assistance on the grounds of race, color, religion, sex, national origin, age or disability. 3.2 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of CITY, or its designees or agents, no member of the City Council, and no other public official of CITY during hi& -her tenure or for one (1) year thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 3.3 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement will not be used in payment of any bonus or commission for the purpose of obtaining CITY approval of the application for such assistance. 3.4 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have 2. known of the existence of the subject act(s) or failure(s) to act. 3.5 INDEMNIFICATION. HOMEOWNER will defend, indemnify, and hold CITY, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from this Agreement, no matter how, or to whom, such loss may occur. Nothing herein will be deemed to limit the rights of CITY or HOMEOWNER (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 3.6 CHANGE ORDERS. HOMEOWNER expressly agrees that no material changes or alterations in the Work Write -Up Bid Document or Contract Price provided above will be made unless in writing, mutually agreed to by HOMEOWNER and the CONTRACTOR, and authorized by CITY. 3.7 TERMS. All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. For the purposes of this Agreement the term "will" is mandatory. 3.8 SEVERABILITY. Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 3.9 PUBLIC INFORMATION ACT. The City of Round Rock is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. ARTICLE 4 SUSPENSION AND TERMINATION 4.1 If HOMEOWNER fails to fulfill in a timely and proper manner their obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then HOMEOWNER will have ten (10) days from the date it receives written notice from CITY directing it to cure or correct the defects or failures to comply. Should HOMEOWNER fail to make corrections as directed by CITY, and such breach of contract results in a violation of federal law or regulation for which CITY receives a demand of reimbursement of grant funds from HUD or its successor, CITY may terminate this Agreement immediately, and may recover from HOMEOWNER the amount sought by HUD for reimbursement, up to the full amount of the award. 4.2 HOMEOWNER will not be relieved of the liability to the CITY for damages sustained by CITY by virtue of any breach of this Agreement by HOMEOWNER. 3 4.3 If CITY becomes aware of any HOMEOWNER activity which could jeopardize CITY's position with HUD and cause CITY to return CDBG funds or other federal funds received by CITY, CITY may take appropriate action, including injunctive relief against HOMEOWNER, to terminate or prevent the activity. Failure of CITY to exercise this right will not constitute a waiver by CITY of its right to demand payment or to seek any other relief in law or in equity to which it may be entitled. ARTICLE 5 ATTORNEY'S FEES 5.1 Any party to this Agreement who prevails in any legal proceedings between the parties regarding this Agreement will be entitled to recover court costs and reasonable attorney's fees from the non -prevailing party. ARTICLE 6 VENUE AND REMEDIES 6.1 This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Williamson County, Texas. ARTICLE 7 SUCCESSORS AND ASSIGNS 7.1 CITY and HOMEOWNER, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of the other party with respect to all covenants of this Agreement. Neither CITY nor HOMEOWNER will assign, sublet, or transfer any interest in this Agreement without the written consent of the other. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 This Agreement represents the entire and integrated agreement between CITY and HOMEOWNER for the work specified in Exhibit "A" and supersedes all prior negotiations, representations or agreements either written or oral. This Agreement may be amended only by written instrument signed by CITY and HOMEOWNER. The Agreement contains the following exhibits attached to and incorporated in this Agreement for all purposes: (1) Work Write -Up Bid Document (Exhibit "A") (2) HUD Section 8 Income Limits (Exhibit "B") (3) Contractor's Agreement (Exhibit "C") [Signatures are on the following page.] 4, Thi: agreement is efTecliNe as of the date first w'niten above. HOMEOWNEW CITY: City of Round Rock, TcNits yovk� �«tg� ALt": 4& Young H Kim Laurie lladlcv, Cit, .lanagcr k��� — .ia H Kim EXHIBIT "A" WORK WRITE-UP BID DOCUMENT 6, Exhibit "A" ROUND ROCK TEXAS PURCHASING DWISION City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www. roundrocktexas.aov INVITATION FOR BID (IFB) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS SOLICITATION NUMBER 24-004 SEPTEMBER 2023 City of Round Rock Exhibit "A" Community Development Block Grant (CDBG) Home Repairs IF 24-004 Commodity Code: 909-62 September 2023 COMMUNITY DEVELOPMENT BLOCK GRANT tCDBG) HOME REPAIRS PART I GENERAL REQUIREMENTS 1. INTRODUCTION: The City of Round Rock, hereinafter "the City," seeks bids from firms experienced in home repair to provide all material, labor, and services to repair four residential homes in accordance with the Federal Community Development Block Grant (CDBG) Program. The City of Round Rock 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 2. SOLICITATION PACKET: This solicitation packet is comprised of the following - Part f —General Requirements Pages) 2-6 Part II — Definitions, Standard Terms and Conditions, and Insurance i e Pa Requirements 9 Part III — Supplemental Terms and Conditions Page(s) 8-9 Part IV — Scope of Work/Specifications Attachment A — Reference Sheet Attachment B — Subcontractor Information Form ' Attachment C -- Bid Sheet Attachment D — Prevailing Wage Rates Attachment E-Location #1 Attachment F- Location #2 Attachment G- Location #3 Attachment H- Location #4 Attachment I- CDBG Federal Requirements Attachment J - SAM Registration Attachment K - Debarment Certification Attachment L - W-9 Form 2023 Attachment M - Conflict of Interest Affidavit and Info Attachment N - Equal Employment Certification Attachment O- Clean Air and Water Certification Attachment P- Certification of Non -Lobbying Attachment Q - Non -Collusion Affidavit Page(s) 10 Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Separate Attachment Page 2 of 10 City of Round Rock Exhibit "A" Community Development Block Grant (COBG) Home Repairs iFB 24-004 Commodity Code: 909-62 September 2023 Attachment R- MBE WBE Information and Worksheet Separate Attachment Attachment S - Section 3 FAQ and Certification Separate Attachment 3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. Solicitation released Mandatory Pre -Bid meeting / site visit Deadline for submission of questions City responses to questions or addendums Deadline for submission of responses 9/15/2023 9/21/2023 @ 8:30AM, CST 9/25/2023 9 5:00 PM, CST Approximately 9/27/2023 @ 5:00 PM, CST 10/6/2023 @ 3.00 PM, CST All questions regarding the solicitation shall be submitted through Bonfire by 5.00 PM, CST on the due date noted above. A copy of all questions submitted and the City's response to the questions shall be posted on the City's webpage in the form of an addendum at: hftps:/Iroundrocktexas.bonfirehub.com The City reserves the right to modify these dates. Notice of date change will be posted to the City's website: httos:/Iroundrockitxas.bonfirehub.com 4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at btWS:Ilroundrocktaxas.bonfirehub.com for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancellations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. S. MANDATORY PRE -PROPOSAL MEETING SITE VISIT AND/OR INSPECTION: A pre -bid meeting/site visit, and inspection will be conducted to fully acquaint Respondents with the facilities, difficulties, and/or restrictions inherent in the services specified. The pre -proposal meeting/site visit will be conducted on the date speed in PART 1, Section 3- Schedule of Events. A. Attendance at the pre -bid meeting / site visit is mandatory. Respondents shall sign -in at the pre -bid meeting to document their attendance. Immediately following the pre -bid meeting, a site visit tour will be conducted to enable Respondents to determine labor, equipment, supplies and materials necessary to perform the services specified herein. Respondents shall sign -in at each site of the tour to document their attendance. The City reserves the right to determine a response 'not available for award" if the Respondent falls to attend the mandatory pre -bid meeting and site visit tour which shall initially begin at: City Hall Council Chambers 221 East Main Street Round Rock, Texas 78664 B Respondents will be responsible for their own transportation for the site visit tour. C. Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre - proposal meeting / site visit. D. 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 site visits. 6. RE5PGN3E DUE DATE; Appropriately submitted responses are due at or before 3:00 PM, on the due date noted in PART I. Section 3 — Schedule of Events. The Offeror shall respond via the City's electronic bidding platform, Bonfire: ttsJ/roundr cktexas. o firehub.com Page 3 of 10 City of Round Rock Exhibit "A" Community Development Block Grant (CDBG) Home Repairs IFS 24-004 Commodity Code: 909-62 September 2023 A. This request for proposal (RFP) 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. 7. 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 CDBG home repairs as specified herein and have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the City. B. In order to confirm financial stability, the City may choose to review audited financial statements at any time throughout the RFP evaluation process. Upon request, the Respondent shall provide two years audited financial statements, Including any notes or supplemental schedules within 2 business days of the original request. C. The Respondent shall include in the proposal a list of all litigation the company or its principals have been involved in within the last three (3) years. D. 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 RFP process. In order to do business with the City of Round Rock you must be registered with the City's Vendor Database. To register, go to: h s://roundrock endors.munisselfservice.comNen orsldefault.as x S. RESPONSE REQUIREMENTS, The Respondent, by electronically submitting their Offer, acknowledges that he/she Is an authorized representative of the Vendor, has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. The Respondent shall include the following information with their bid response: ❑ Attachment A — Reference Sheet ❑ Attachment B — Subcontractor Information Form (if applicable) ❑ Attachment C — Bid Sheet ❑ Acknowledged Addenda (if applicable) ❑ Acknowledgment that the respondent is located within Central Texas 9. BEST VALUE g ALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: A. Purchase price. B. Reputation of Respondent and of Respondent's goods and services. C. Quality of the Respondent's goods and services. D. The extent to which the goods and services meet the City's needs. E. Respondent's past performance with the City. F. The total long-term cost to the City to acquire the Respondent's goods or services. G. Any relevant criteria specifically listed In the solicitation. H. if the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria not related to cost in order to be considered for contract award. Page 4 of 10 City of Round Rock Exhibit "A" Community Development Block Grant (CDBG) Home Repairs IF 24-004 Commodity Code: 90M2 September 2023 Respondents may be contacted for clarification of bid and/or to discuss details of the services they are proposing. 10. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed for a contract award requiring council author¢ation, The "Certificate of Interested Parties" form must be completed on the Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission Webpage: httys./lwww.ethics. State. tx us/whatsnew+elf info form1295.htm 11. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parts communication (e.g., unsolicited) initiated by the Bidder to the City Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. 12, OPPORTUNITY TOPROTEST: The Purchasing Manager for the City of Round Rods ("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 PrQtest@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 time award must take place without delay, to protect the hest 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. 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 states, you must notify the City as stated in section (A) above. Ill. 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: Page 5 of 10 City of Round Rock Exhibit "A" Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 2023 L Determine theta 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. 0. 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 *hall be the final administrative action for the City. All documentation pertaining to a protest will be kept on file at the City and are subject to open records requests. Page 6 o€10 City of Round Rock Exhibit "A" Community Development Block Grant (CDBG) Home Repairs IFS 24-004 Commodity Code: 909-62 September 2023 PART II DEFINITIONS, STANDARD TERMS AND CONDITIONS AND INSURANCE REQUIREMENTS I. DEFINITIONS STANDARD TERMS AND CONDITIONS,: By submitting a response to this solicitation, the Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. These can be obtained from the City's website at: httos.//Avww.roundrocktexas.gov/city-deoartments/ourchasing/. 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 to Standard Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and downloaded from the City's website at: httos://www roundrocktexas.gov/city-departments/aurchasina/ Page 7 of 10 City of Round Rock Exhibit "A" Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 2023 PART III SUPPLEMENTAL TERMS AND CONDITIONS 1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following: A The term of the Agreement shall begin from date of award and shall remain in full force for sixty (64) months. B. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully comply in strict accordance with the Solicitation, specifications, and the amounts shown on bid sheet. C. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions of this agreement for such a period as is reasonably necessary to re -solicit and/or complete the project up to 120 days. 2. SUBCONTRACTORS If Subcontractors will be used the Respondent is required to complete and submit with their proposal response Attachment B: 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 terns of the Contract. B. Require that all Subcontractors obtain and maintain, throughout the term of their agreement, primary insurance in the type and amounts specked for the Contractor, with the City being named as an additional insured; and C. Require that the Subcontractor indemnity 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_ 3. 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-201.6-3760 the wage rates set forth by the Texas Workforce Commission for the Austin -Round Rock Area as the general prevailing wage rate for the City's public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not less than the rates set forth in Attachment D and comply with all applicable sections of Chapter 2258. Attachment D — Prevailing Rates are posted in Solicitation Documents for IFB 22-019 CDBG Home Repairs on the City of Round Rock website at: https://www.roundracktoxas.novieft-businmeolWicitations.1 4. SAF7~TY: The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules, and regulations. The Respondent shall: A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State and City safety and occupational health standards and other applicable federal, state, and local health. safety, and environmental laws ordinances, rules, and regulations in the performance of these services. B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. In case of conflict, the most stringent safety requirement shall govern. C. Indomnify and hold the City harmieaa rium and againbl all claims, oemanas, suits, acDons, judgments, fines penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Page 8 of 10 City of Round Rock Exhibit "A" Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 2023 b. WORKPORCE: 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. 6. 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. 7. ACCEPTANCEIINSPECTION: Acceptancetinspection should not take more than five (5) working days. The Contractor 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 Contractor 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. 8. PERFORMANCE, REVIEW: The City reserves the right to review the awarded Contractor's performance anytime during the contract term, 9. QRDER 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. 10. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split award, primary and secondary award, non -award, or use any combination that best serves the interest and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff recommendation of award has been made. The award announcement will be posted to the City's website at https:/Iroundrocktexas.bonfirehub.com once City Council has approved the recommendation of award and the agreement has been executed. 11. POST AWARD M ETt : 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. 12. POINT of CONTACT I DESIGNATED REPRESENTATIVE: A. Contractor's point of contact: In order to maintain consistent standards of quality work performed across the City, the City shall be provided with a designated and identified point of contact upon award of the contract to include contact information The City's designated representative shall be noted by the Respondent immediately should the point of contact change. B. The City's designated representative: The City's designated representative shall be - Elizabeth Alvarado Coordinator - CDBG Community & Neighborhood Services Phone: 612-341-3328 E-mail: ealvarado roundrocktexas. ov C. Do not contact the individual 115ted atxNe wlth questions or comments regarding this solicitation during the solicitation. Page 9 of 10 City of Round Rock Exhibit "A" Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 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 Invitation for Bid describes services to repair the exterior and/or interior of residential structures as identified on the bid sheet provided herein. Services shall include, but not be limited to, repairing, or replacing flooring, countertops, fixtures, tiie 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 shalk 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 (Le., the reinstallation of a toilet that was removed to repair a bathtub). E. Leave all excess interior and exterior paint with homeowner in sealed containers. F. Provide remnant or "off market" products that are in new or like new condition. Colors that do not match existing colors or are a neutral tone shall have the homeowner's approval. G. Upon completion of the repairs, remove and properly dispose of all containers, surplus material, and debris from said repairs and leave the site In a clean and orderly condition. H. All repairs specified within this solicitation shall be completed to a "move -in ready" condition, clean, and functional. 4. CfTY 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 REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: IFe 2.4 O4 RESPONDENT'S NAME: Farnum Ent rises Inc. dba B&O Construction DATE: October 6, 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 Ti any negative responses are received it may result in the disqualification of submittal. 1 _ Company's Name Name of Contact Title of Contact E-Mail Address Present Address City, State, Zip Code Telephone Number 2_ Company's Name Name of Contact Title of Contact E-Mail Address Present Address City, State, Zip Code Telephone Number Solid Group LLC Eugene G, Wentworth III President 0.11maustinsatidgaam.92M 716 Courtly Road 705 Spur Hutto. TX 79834 Office, 512-373-8253 Ceti: 512 241-926'3 Peterson Construction Inc. Susie Farley Project Manager SirsiedoetersanWilstNognin000m 9250 Pasadena Drive. Sub 201 Frisco, TX 75033 ( 214 ) 705-9220 Fax Number. ( ) 3. Company's Name Omninet Property Manageme% Inc. Name of Contact Betsy Perkins Tide of Contact Prop" Manager E-Mail Address Present Address 7600 Chevy Chase Drive, Sulfa 10i City_ State, Zip Code Au-.Wn, TX 7B7a2 - 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 B SUBCONTRACTOR INFORMATION FORM COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: IF24-004 RESPONDENT'S NAME: Farnum EnterDdsQs, Inc dba B O ConsLrucoon DATE; October 6 2023 • CIRCLE ONE - NO, l WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO YES, I INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT YE If yes complete the information below Subcontractor Name Name of Contact E-Mail Address Address City, State, Zip Code Telephone Number Describe work to be performed Percentage of contract work to be performed 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 Mercury Electric Company, Inc. Ian lan@Mgrcuntelectdc(ne.com 401 Lone Man Creek Drive Wimberley, TX 78676 ( 512 434-9280 Fax Number. Electrical repairs 0.2 % Yawn Heating and A/C, Inc. Teren Yawn teren yawnae-com 1807 Eclipse Cove Cedar Park, TX 78613 512 ) 750-7395 Fax Number: HVAC 25 % 0 Add additional pages as needed k Exhibit "A" Subcontractor Name Throne Plumbing Services Name of Contact Daniel Hacker E-Mail Address throneplumbingservices@gmail_com Address 4746 W. SH 29 City, State, Zip Code Llano, TX 78643 Telephone Number 512 293-5516 Fax Number:_ ( ) Describe work to be performed Plumbing work Percentage of contract work to be performed .06 Attachment C- Bid Sheet -UPDATED Solicitation Number: IFB 2"04 Solicitation Description: CDBG HOME REPAIRS Location #3 nVMVT AL • • • - • - . TYr 4 - r - 1 I Windows Replace Broken Window Glass - — $630-000 3 Fence Replace entire back side of privacy fence 4 Siding Replace entire siding on right side of house only bottom two feet. Including $3,007.00 bash tape. Paint to match $1,416,22 5 Siding Replace all siding on chimney including trim. Paint to match. Remove and 6 Back Door repilaced er vent with new. Re lace rotted door frame- Paint to match. $2,730.00 7 HVAC Re lace HVAC condensers coils+ andffllenjg�m,�� $819.468 HVAC Install a breker disnonn9t or fusible Gnic $9,757.20 9 Front Door Weatherization of Front Door 10 Wager heater closet hack- Replace water damaged sheetrock on outside of water heater closet. Paint $z7o.00.. Water heater cbo a Install new vent that is u to code. $2,800.00 L12Water heater closet Replace eruire bafforn of water heater closet and re pair water darned wall on lncluded left side of water heater closet. $1,244.00 COMPANY NAME: B&O Construction.com SIGNATURE OF AUTHORIZED REPRESENTATIVE: 4PRINTED NAME; Paul Farm, _ NUMBER. 5I2-969-6222 ADDRESS: nau!lr�bnoconaction wm Page 3 of lF8 24-004 CDGB Home Repair Location # 3 November 17, 2023 The City's cap for CDGB homes is $25,000. Per Part III, Section 10, The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services/ goods needed to satisfy requirements with budgetary constraints, which may be more of less than indicated_ The total bid for all lines for location # 3 came in at $23,453.88 Due to administrative error: ■ The city will accept modified products and/or materials for anew total of $8234.60 on line # 7 The new total for location # 3 will be $ 21,931,28. Brandon Rainer Purchaser i # _ _ §Ij .� leo - ' �kv` ,. 2 � ■� �' // �/ g . � �� . .��. I'i '4. alb •� a - ." _ i - 6 Exhibit "A" Location 3 REPLACE ENTIRE SIDING ON THE RIGHT SIDE OF HOUSE (IF STANDING IN FRONT OF HOUSE) ONLY BOTTOM 2 FEET, PAINT TO MATCH L Exhibit "A" i Location 3 REPLACE ALL SIDING ON CHIMNEY INCLUDING TRIM. PAINT TO MATCH./ REMOVE AND REPLACE DRYER VENT WITH NEW. r m r i ' t 1 • i 1. � 1 k� . 1 'tor �F K5 4 J ' kj Y % . 4 '1 1 Exhibit "A" Location 3 Exhibit "A" Location 3 Water heater closet: remove water heater and re -built water heater platform and put water heater back. Replace water damaged sheetrock on outside of water heater closet. Paint to match. r • r� r _ •� - 1„" ��. � . I • - S .I � ��� i�r • 1 • i• 1 4ti Ls 1 ', •• • • • `r. .• 1 Exhibit "A" Location 3 REPLACE HVAC/FURNACE SYSTEM INSIDE AND OUTSIDE Exhibit "A" W CONFLICT OF INTERM SUMMMAMRY OF RULES FOR CDBG gQhMCTORS 1- 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 emplomes or board members A city employee or consultant who exercises CDBG- related functions as part of their City position? A City Official? Are any immediate family members or business associates of my employees or beard members, • A city employee or consultant who exercises CDBG- related functions as part of their city position? ■ A City Official? Will any of nay em___RInvees or board members receive a fingricial Interest or be_ nth from CDBG funds (other than employee salaries or personnel benefits)? Will any i me late family members or business assgciates of MY employees or hoard 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 firtanciai effect on a 9V-Q—ff1c-J-aJ or emaigyge wo exercises CDBG-related functions, or an immediate family member or bysiness 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 be taken 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: I • HUD conflict of interest regulations (24 CFR Part 570.611 and 24 CFR Part 85.361 • Texas Local Government Code Chapter 171.004 I I. cftv G_gctah, 1116k amity. -or Wness Partners Sen n fro MiG NUR Rule, The HUD conflict of interest rule prohlbits any "covered MEW" associated with the City (as defined below) from obtaining a financial Interest or hAnefit from a CDBG assisted activity or contract, of f the proceeds under any such contract, during that covered person's i 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 I 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) lc in o position to soil-, inzfdc mrormation, city staff i members or consultants who exercise the above roles or function with respect to the CpBG activity are considered "covered persons." For +I 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 b sines 1 "` to the covered public Official from receiving a financial interest or benefit, �w 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 oublic fFicial 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 &S&re the discussions begin may disqualify the organization's application for funds_ ill. Interests of Persons agggljg with the canisa or. The HUD rule also addresses financial interests that are held by certain persons associated with a CDBG contractor. The HUD rule prohibits any "c erect r " associated with the pptractor from obtaining a financial nteres or ben it (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 persons tenure with the contactor &rtd 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" fas 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 awned by that employee or director, as well as family and business associates of that person. L.. Rem .4191 and Sanctions. The CDBG grant contract provides that If a CDBG contractor fails to make a good faith effort to avold an improper conflict of interest situation or is responsible for the improper conflict situation, the City may (1) suspend CDBG payments, (2) terminate the contract, (3) require reimbursement by the contractor to the City of HUD of any amounts already disbursed and/or (4) bar future CDBG funding of the contractor In the event HUD suspends or terminates its rant to the city For conflict of interest reasons, or in the event the city reasonably determines that an Improper conflict of interest situation may arise from payments under the contract. This could happen whether or not the contractor is responsible for the conflict -of -Interest situation. certification: 1, the undersigned, acknowledge and certify that I have read and understand the summary of flukes for CDBG Contractors. Date: Company/Vendor Name. 10/6/2023 Farnum Enterprises, Inc. dba B&O Construction Printed Name and Title: Paul Farnum, President Exhibit "A" CITY OF ROUND ROCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AFFIDAVIT REGARDING CONFLICT OF INTEREST Adnrewiedgement: 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 Devetopment Block Grant Program, including 24 CFR Part 57o.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 CG8Q funds or wo are In a position to participate In a decision -making process or gain Inside Information with regard to these activities, may Obtain a financial Interest or benefst from a CDBG-assisted activity, or have an Interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have tamby 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 tv the recipient, or of any designated publicagencies, or of subfecipkmb that are receiving CORG funds. Certification: 1, the undersigned, certify and report that to the best of my knowledge, a 1 have no conflict of Interest to disclose 13 1 have the foilowFng conflict of interest to disclose. Date: October 6, 2023 Company/Vendor Name: Famum Enterprises, Inc. dba B&O Construction Printed Name and Title: Paul Farnum, President Signatory: Attachment C- Bid Sheet -UPDATED Solicitation Number:lFB 24-004 Solicitation Description: CDBG HOME REPAIRS Location #3 LIME AREA DESCRIPTION LINE ITEM TOTAL WINDOWS 1 ii7vindows Replace Broken Window Glass $630.00 OUTSIDE 3 Fence Replace entire back side of privacy fence $3,007.00 4 Siding Replace entire siding on right side of house only bottom two feet. Including flashing tape. Paint to match $1,416,22 5 Siding Replace all siding on chimney including trim. Paint to match. Remove and replace der vent with new. $2,730.00 6 Back Door Replace rotted door frame. Paint to match. $819.46 7 HVAC Replace HVAC condensers, coils, and plenum. $9,757.20 8 HVAC Install a breker disconnet or fusible link for HVAC $780,00 INSIDE 9 1 Front Door Weatherization of Front Door $270.00 10 Water heater closet back. Replace water damaged sheetrock on outside of water heater closet. Paint $2,800.00 11 Water heater closet Install new vent that is up to code. Included 12 Water heater closet Replace entire bottom of water heater closet and repair water damaged wall on left side of water heater closet. $1,244.40 COMPANY NAME: B&O Construction.com SIGNATURE OF AUTHORIZED REPRESENTATIVE: PRINTED NAME: Paul Famum PHONE NUMBER: 512-989-6222 EMAIL ADDRESS: paui@bnoconstruction.com Page 3 of 4 IFB 24-004 CDGB Home Repair Location # 3 November 17, 2023 The City's cap for CDGB homes is $25,000. Per Part III, SeclflOn 10, The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services/ goods needed to satisfy requirements with budgetary constraints, which may be more of less than indicated. The total bid for all lines for location # 3 came in at $23,453.88 Due to administrative error: • The city will accept modified products and/or materials for anew total of $8234.60 on line # 7 The new total for location # 3 will be $ 21,931.28. Brandon Rainer Purchaser EXHIBIT "B" INCOME LIMITS FY 2022 MAXIMUM INCOME CHART Household Size Maximum Income 80% of the Area Median I person $61,800 2 persons $70,600 3 persons $79,540 4persons $88,250 5 2ersons $95,350 6 persons $102,400 7 persons $109,450 8 persons $1 16,500 Source: U.S. Department of Housing & Urban Development. These income figures are subject to change annually. 7, EXHIBIT "C" CONTRACTOR'S AGREEMENT K. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION PROGRAM CONTRACTOR AGREEMENT This CDBG Community Housing Repair and Rehabilitation Program Contractor Agreement (Agreement), is made this day of , 2023, between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas ("CITY"), and FARNUM ENTERPRISES, INC., dba B&O Construction, 16238 Highway 620, Suite F-405, Austin, Texas 78717 (`CONTRACTOR"). RECITALS WHEREAS, CITY has been awarded grant fiends which may be spent by CITY for the provision of certain services authorized under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a grant to pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, CITY issued its "Invitation for Bid" for the provision of such labor, materials and equipment; and WHEREAS, CITY has determined that the CONTRACTOR is the lowest responsible bidder; and WHEREAS, CITY will pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation of GREENSLOPES AT LAKECREEK, SEC 8, BLOCK L, LOT 9, Williamson County, Texas, also known as 1408 Ciearview Loop, Round Rock, Texas 78664 (the "Property"), as specified in the CITY'S Invitation for Bid designated iFB No. 24-004 and CONTRACTOR's BID RESPONSE for CDBG Home Repairs Location #3 (collectively the "Bid Documents"), attached hereto and incorporated herein as Exhibit "A," by reference for all purposes; NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and CONTRACTOR agree as follows: ARTICLE 1 GENERAL REQUIREMENTS 1.1 CITY will pay CONTRACTOR Twenty -One Thousand Nine Hundred Thirty -One and 28/100 ($21,931.28) ("Contract Amount"). Funds will not be used to pay the homeowner or members of its family. 4862-8932-2893?ss2 1.2 Payment will be made by CITY for all work described in the Bid Document after all of such work is found to be satisfactorily completed and inspected by the Construction Advisor, as defined in the City of Round Rock Minor Home Repair Program Policies and Procedures, and the CITY Inspector. CITY will pay CONTRACTOR for work in accordance with CITY'S Prompt Payment Policy, as defined in the City of Round Rock 2023 Community Housing Repair and Rehabilitation Program Policies and Procedures. 1.3 CONTRACTOR will not deviate from the work described in the Bid Documents without a change order from CITY. Any such change order will be included in an amendment to this Agreement. The Contract Amount and any change orders shall not exceed a total amount equal to a twenty-five (25) percent increase in the original Contract Amount. 1.4 The Contract Amount and any approved change orders will not total more than the amount of $5,482.82. 1.5 All work specified in the Bid Documents will be satisfactorily completed within ninety (90) days from the date of the Notice to Proceed. 1.6 There shall be no Bid Document line item deletions. ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES 2.1 CONTRACTOR will ensure that all work performed under this Agreement is permitted and inspected by CITY's Building Inspection Division. CONTRACTOR agrees to be duly licensed under CITY ordinances and State laws and be responsible for obtaining the building permit. 2.2 CONTRACTOR understands that it is solely responsible for meeting the terms and conditions of this Agreement. If CONTRACTOR fails to properly perform or complete any of the work specified in the Bid Documents, CONTRACTOR will not receive funding for any work that is found to be improperly performed or incomplete. 2.3 CONTRACTOR understands that all work described in the Bid Documents must be completed before any funds will be paid out. 2.4 CONTRACTOR understands that the job will be inspected by a CITY Inspector and Construction Advisor before any fiends will be paid out. 2.5 CITY will provide a Notice to Proceed to CONTRACTOR to commence work. CONTRACTOR agrees to start work within thirty (30) calendar days after receipt of the Notice to Proceed. If CONTRACTOR fails to commence work within thirty (30) days from the date on the Notice to Proceed, CITY will have the right to terminate this Agreement, by providing a written notice of termination to CONTRACTOR. 2 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 tinder -take, and price. CONTRACTOR acknowledges the performance requirement established in the write up and warrants that all work undertaken will conform to said specifications. 3.5 REMOVAL OF DEBRIS. Upon completion of work CONTRACTOR agrees to remove all construction debris and surplus material from the Property and leave the Property in a neat and clean condition. 3.6 SUBCONTRACTORS. CONTRACTOR agrees that all the warranties contained herein will apply to all work performed under this Agreement, including that performed by any Subcontractors. 3.7 FRAUDULENT ACTS. CONTRACTOR nor any of its officers, partners, owners, agents, representatives, employees, subcontractors or parties in interest has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm, or person to submit a collusive or sham bid in connection with CONTRACTOR for which the bid has been submitted or to refrain from bidding in connection with this Agreement, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix any overhead, profit, or cost element of the bid price shown in the Bid Documents or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement, any advantage against CITY or any person interested in this Agreement; and the price or prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of CONTRACTOR or any of its agents, representatives, owners, employees, or parties in interest. 3.8 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of CITY, or its designees or agents, no member of the City Council, and no other public official of CITY during hislher 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 ORDLRS. CONTRACTOR expressly agrees that no material changes or alterations in the Bid Documents or price provided above will be made unless in writing, 4 mutually agreed to by the homeowner and CONTRACTOR, and authorized by CITY. 3.13 TERMS. All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. For the purposes of this Agreement the term "will" is mandatory. 3.14 SEVERABILITY. Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 3.15 PUBLIC INFORMATION ACT. The CITY is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. 3.16 PERFORMANCE. In performing this Agreement, CONTRACTOR will comply with all local, state, and federal laws. 3.17 LIEN WAIVERS. CONTRACTOR agrees to protect, defend, and indemnify homeowner and CITY from any claims for unpaid work, labor, or materials with respect to CONTRACTOR'S performance. Final payment will not be paid until the CONTRACTOR has delivered to CITY complete release of all liens for work completed arising out of CONTRACTOR'S performance or a receipt in full, covering all labor and materials for which a lien could be filed or a bond satisfactory to the homeowner and CITY indemnifying him against any lien. 3.18 REPORTING REQUIREMENTS. CONTRACTOR agrees to submit a W9 Form, attached hereto and incorporated herein as Exhibit "B" to fulfill reporting requirements with the Internal Revenue Service. ARTICLE 4 SUSPENSION AND TERMINATION 4.1 If CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this Agreement, 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. 5 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 fiends 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) xvill not boycott Israel during the term of this Agreement. The signatory executing this 6 Agreement on behalf of CONTRACTOR verifies CONTRACTOR does not boycott Israel and will not boycott Israel during the term of this Agreement. ARTICLE 9 SUCCESSORS AND ASSIGNS 9.1 CITY and CONTRACTOR, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of the other party with respect to all covenants of this Agreement. Except for CONTRACTOR'S assignment of mechanic's lien contracts and mechanic's lien notes to the CITY pursuant to Paragraph 1.7, neither CITY nor CONTRACTOR will assign, sublet, or transfer any interest in this Agreement without the written consent of the other party. ARTICLE 10 ENUMERATION OF CONTRACT DOCUMENTS 10.1 This Agreement represents the entire and integrated agreement between CITY and CONTRACTOR for the work specified in Exhibit "A" and supersedes all prior negotiations, representations or agreements either written or oral. This Agreement may be amended only by written instrument signed by CITY and CONTRACTOR. The Agreement contains the following exhibits attached to and incorporated in this Agreement for all purposes: (1) Bid Document (Exhibit "A") (2) W9 Form (Exhibit "B") ARTICLE 11 ACKNOWLEDGMENT 11.1 The above warranties are in addition to, and not in limitation of, any and all other rights and remedies to which CITY and the homeowner, or subsequent owners, may be entitled, at law or in equity, and will survive the conveyance of title, delivery of possession of the Property, or other final settlement made by the homeowner and will be binding on the undersigned notwithstanding any provision to the contrary contained in any instrument heretofore, and thereafter executed by the homeowner. [Signatures on the following page.] 7 This Agreement is effective as of the date first written above. CONTRACTOR: ENTERPRISES, INC. Napie 1 Title CITY: CITY OF ROUND ROCK Laurie Hadley, City Manager EXHIBIT G4A" BID DOCUMENTS Exhibit "A" :K TEXAS City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.roundrocktexas.gov INVITATION FOR BID (IFB) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS SOLICITATION NUMBER 24-004 SEPTEMBER 2023 Exhibit "A" City of Round Rock Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME REPAIRS PART GENERAL REQUIREMENTS INTRODUCTION: The City of Round Rock, hereinafter "the City," seeks bids from firms experienced in home repair to provide all material, labor, and services to repair four residential homes in accordance with the Federal Community Development Block Grant (CDBG) Program. The City of Round Rock 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. 2. SOLICITATION PACKET: This solicitation packet is comprised of the following - Description T t� Index Part I — General Requirements Page(s) 2-6 Part It — Definitions, Standard Terms and Conditions, and Insurance Requirements Page 7 Part III — Supplemental Terms and Conditions Page(s) 8-9 Part IV — Scope of Work/Specifications Page(s) 10 Attachment A — Reference Sheet Separate Attachment Attachment B — Subcontractor Information Form Separate Attachment Attachment C — Bid Sheet Separate Attachment Attachment D -- Prevailing Wage Rates Separate Attachment Attachment E-Location #1 Separate Attachment Attachment F- Location #2 Separate Attachment Attachment G- Location #3 Separate Attachment Attachment H- Location #4 Separate Attachment Attachment I- CDBG Federal Requirements Separate Attachment Attachment J - SAM Registration Separate Attachment Attachment K - Debarment Certification Separate Attachment Attachment L - W-9 Form 2023 Separate Attachment Attachment M - Conflict of Interest Affidavit and Info Separate Attachment Attachment N - Equal Employment Certification Separate Attachment Attachment O- Clean Air and Water Certification Separate Attachment Attachment P- Certification of Non -Lobbying Separate Attachment Attachment Q - Non -Collusion Affidavit Separate Attachment Pale 2 of 10 Exhibit "A" City of Round Rock Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 2023 Attachment R- MBE WBE Information and Worksheet Separate Attachment Attachment S - Section 3 FAQ and Certification Separate Attachment 3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released 9/15/2023 Mandatory Pre -Bid meeting / site visit 9/21/2023 @ 8:30AM, CST Deadline for submission of questions 9/25/2023 @ 5:00 PM, CST City responses to questions or addendums Approximately 9/27/2023 @ 5:00 PM, CST Deadline for submission of responses 10/6/2023 @ 3:00 PM, CST All questions regarding the solicitation shall be submitted through Bonfire by 5:00 PM, CST on the due date noted above. A copy of all questions submitted and the City's response to the questions shall be posted on the City's webpage in the form of an addendum at: https://roundrocktexas.bonfirehub.com The City reserves the right to modify these dates. Notice of date change will be posted to the City's website httpsalroundrocktexas.bonfirehub.com 4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at htt s:llroundrocktexas.bonfirehub com for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancellations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website, 5. MANDATORY PRE -PROPOSAL MEETING, SITE VISIT, AND/OR INSPECTION: A pre -bid meeting/site visit, and inspection will be conducted to fully acquaint Respondents with the facilities, difficulties, and/or restrictions inherent in the services specified. The pre -proposal meeting/site visit will be conducted on the date specified in PART I, Section 3 Schedule of Events. A. Attendance at the pre -bid meeting / site visit is mandatory. Respondents shall sign -in at the pre -bid meeting to document their attendance_ immediately following the pre -bid meeting, a site visit tour will be conducted to enable Respondents to determine labor, equipment, supplies and materials necessary to perform the services specified herein. Respondents shall sign -in at each site of the tour to document their attendance. The City reserves the right to determine a response "not available for award" if the Respondent fails to attend the mandatory pre -bid meeting and site visit tour which shall initially begin at: City Hall Council Chambers 221 East Main Street Round Rock, Texas 78664 B, Respondents will be responsible for their own transportation for the site visit tour. C. Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre - proposal meeting 1 site visit D. It is the responsibility of the Respondent to examine each faci'ity and determine quantity, amounts, take precise measurements, determ-ne material requirements, equipment requirements, labor requirements and other solicitation related details during said site visits. 6. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due date noted in PART I, Section 3 — Schedule of Events. The Offeror shall respond via the City's electronic bidding platform, Bonfire: https://roundrocktexas.bonfirehub,com Page 3 of 10 Exhibit "A" City of Round Rock Community Development Block Grant (CDBG) Home Repairs IFS 24-004 Commodity Code: 909-62 September 2023 A. This request for proposal (RFP) 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. 7, 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 CDBG home repairs as specified herein and have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the City. B. In order to confirm financial stability, the City may choose to review audited financial statements at any time throughout the RFP evaluation process. Upon request, the Respondent shall provide two years audited financial statements, including any notes or supplemental schedules within 2 business days of the original request. C. The Respondent shall include in the proposal a list of all litigation the company or its principals have been involved in within the last three (3) years. D. 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 RFP process. In order to do business with the City of Round Rock you must be registered with the City's Vendor Database To register, go to: https://roundrocktxvendors.munisselfservice.comNendors/default.aspx 8. RESPONSE REQUIREMENTS: The Respondent, by electronically submitting their Offer, acknowledges that he/she is an authorized representative of the Vendor, has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. The Respondent shall include the following information with their bid response. ❑ Attachment A — Reference Sheet ❑ Attachment B — Subcontractor Information Form (if applicable) ❑ Attachment C — Bid Sheet ❑ Acknowledged Addenda (if applicable) ❑ Acknowledgment that the respondent is located within Central Texas 9. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: A. Purchase price. B. Reputation of Respondent and of Respondent's goods and services. C. Quality of the Respondent's goods and services. D. The extent to which the goods and services meet the City's needs. E. Respondent's past performance with the City. F. The total long-term cost to the City to acquire the Respondent's goods or services. G. Any relevant criteria specifically listed in the solicitation. H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria not related to cost in order to be considered for contract award. Page 4of 10 Exhibit "A" City of Round Rock Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 2023 Respondents may be contacted for clarification of bid and/or to discuss details of the services they are proposing. 10. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed for a contract award requiring council authorization. The "Certificate of Interested Parties" form must be completed on the Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission Webpage: htt s://www.ethics.state.tx.us;whatsnew/elf info form1295.htm 11. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. 12. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock ("City"), in consultation with the City Attorney, shall have the authority to settle or resolve any dispute concerning the solicitation or award of a contract_ The Purchasing Manager may solicit written responses to the protest from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it by electronic mail to the City's Purchasing Department at protestaroundrocktexas.00v. 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. 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: Page 5 of 10 Exhibit "A" City of Round Rock Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 2023 i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and inform you and other interested parties of the determination. The City will prepare updated solicitation documents and will re -solicit. ii. Determine that no violation of rules or statutes has occurred and inform you and other interested parties of the decision by letter. The reasons for the determination will be presented in the letter iii. Determine that a violation of rules and statutes has occurred after the award of the contract and inform you and other interested parties of the determination. However, the awarded contract will not be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent City staff. iv. A determination will usually be made within fifteen (15) business days after receipt of the formal protest. v. Any written decisions by the Purchasing Manager shall be the final administrative action for the City. All documentation pertaining to a protest will be kept on file at the City and are subject to open records requests. Page 6 of' 10 Exhibit "A" City of Round Rock Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code- 909-62 September 2023 PART II DEFINITIONS, STANDARD TERMS AND CONDITIONS AND INSURANCE REQUIREMENTS DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. These can be obtained from the City's website at: https //www roundrocktexas.gov/city-departments/purchasing/. In addition, the Supplemental Terms and Conditions listed in Section Ill, shall also be enforced as part of the contract. 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: httr)s://www roundrocktexas gov/city-departments/ourchasing/ Page 7 of 10 Exhibit "A" City of Round Rock Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 2023 PART III SUPPLEMENTAL TERMS AND CONDITIONS 1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following: A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60) months. B. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully comply in strict accordance with the Solicitation. specifications, and the amounts shown on bid sheet. C. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions of this agreement for such a period as is reasonably necessary to re -solicit and/or complete the project up to 120 days. 2. SUBCONTRACTORS If Subcontractors will be used the Respondent is required to complete and submit with their proposal response Attachment B: 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. 3. PREVAILING WAGE: Pursuant to Chapter 2258 of the Texas Government Code, a worker employed on a public work project by a city must be paid: (1) not less than the general prevailing wage rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. In accordance with Chapter 2258.022, the City adopted through Resolution No. R-2016-3760 the wage rates set forth by the Texas Workforce Commission for the Austin -Round Rock Area as the general prevailing wage rate for the City's public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not less than the rates set forth in Attachment D and comply with all applicable sections of Chapter 2258. Attachment D — Prevailing Rates are posted in Solicitation Documents for IFB 22-019 CDBG Home Repairs on the City of Round Rock website at: httas://www.roundrocktexas.gov/city-businesses/solicitations/ 4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules, and regulations. The Respondent shall: A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State and City safety and occupational health standards and other applicable federal, state, and local health, safety, and environmental laws ordinances, rules, and regulations in the performance of these services. B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. In case of conflict, the most stringent safety requirement shall govern. C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Page 8 of 10 Exhibit "A" City of Round Rock Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 2023 5. 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 6. 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. 7. ACCEPTANCE/INSPECTION: Acceptance/Inspection should not take more than five (5) working days. The Contractor 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 Contractor 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. 8. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance anytime during the contract term. 9. 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. 10. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split award, primary and secondary award, non -award, or use any combination that best serves the interest and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff recommendation of award has been made The award announcement will be posted to the City's website at https://roundrocktexas bonFirehub.com once City Council has approved the recommendation of award and the agreement has been executed. 11. 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. 12. POINT OF CONTACT / DESIGNATED REPRESENTATIVE: A. Contractor's point of contact: In order to maintain consistent standards of quality work performed across the City, the City shall be provided with a designated and identified point of contact upon award of the contract to include contact information. The City's designated representative shall be notified by the Respondent immediately should the point of contact change. B. The City's designated representative: The City's designated representative shall be: Elizabeth Alvarado Coordinator - CDBG Community & Neighborhood Services Phone: 512-341-3328 E-mail: ealvarado _roundrocktexas.gov C. Do not contact the individual listed above with questions or comments regarding this solicitation during the solicitation. Page 9 of 10 Exhibit "A" City of Round Rock Community Development Block Grant (CDBG) Home Repairs IFB 24-004 Commodity Code: 909-62 September 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 Invitation for Bid describes services to repair the exterior and/or interior of residential structures as identified on the bid sheet provided herein. Services shall include, but not be limited to, repairing, or replacing flooring, countertops, fixtures, tile work, flooring, sheet rock, plumbing, HVAC, outdoor siding, roof, and other residential items. Repairs made shall ensure contracted work meets all applicable Federal, State, and Local building codes. 3. CONTRACTOR RESPONSIBILITIES: The Contractor shall - A. Provide all personnel, supplies, and equipment needed to complete specified repairs. B. Coordinate with the City to develop a project schedule that is mutually agreeable to both parties. C. Provide a list of responsible representatives with names, titles, addresses of Contractor(s), and telephone numbers shall be furnished to the City. D. Be responsible for the reinstallation of any existing items that are required to be removed to accommodate another repair (i.e., the reinstallation of a toilet that was removed to repair a bathtub). E. Leave all excess interior and exterior paint with homeowner in sealed containers. F. Provide remnant or "off market" products that are in new or like new condition. Colors that do not match existing colors or are a neutral tone shall have the homeowner's approval. G. Upon completion of the repairs, remove and properly dispose of all containers, surplus material, and debris from said repairs and leave the site in a clean and orderly condition. H. All repairs specified within this solicitation shall be completed to a "move -in ready" condition, clean, and functional. 4. CITY RESPONSIBILITIES: The City will - A. Provide the addresses of the locations once the Contracts are awarded. B. Monitor and inspect the home repairs. C. Coordinate all work and schedule with the successful Contractor(s) and Homeowners. D. Provide final approval for the required repairs. E. The City has conducted lead -based paint testing on structures built prior to 1978. Reports of lead -based paint will be provided for any structure where lead -based paint was detected Page 10 of 10 Exhibit "A" ATTACHMENT A REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: IFB 24-004 RESPONDENT'S NAME: Farnum Enterprises, Inc. dba B&O Construction DATE: October 6, 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-Mall Address gib(@austinsoldarouR corn Present Address 716 County Road 705 Spur City, State, Zip Code Hutto, TX 78634 Telephone Number Office: 512-373-8253 Cell: 512-241-9263 2. Company's Name Peterson Construction Inc. Name of Contact Susie Farley Title of Contact Project Manager E-Mail Address Susie etersonconstructioninc.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 betsevona omninet ccm 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 B SUBCONTRACTOR INFORMATION FORM COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: IFB 24-004 RESPONDENT'S NAME: Farnum Enterprises. Inc. dba B&O Construction DATE: October 6. 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 Mercury Electric Company, Inc. Name of Contact Ian E-Mail Address Ian(a)-mercuryelectricinc.com Address 401 Lone Man Creek Drive City, State, Zip Code Wimberley, TX 78676 Telephone Number ( 512 ) 434-9280 Fax Number: { } Describe work to be Electrical repairs performed Percentage of contract 0 2 % work to be performed 2 Subcontractor Name Yawn Heating and A/C, Inc. Name of Contact Teren Yawn Title of Contact E-Mail Address terenayawnac.com Address 1807 Eclipse Cove City, State, Zip Code Cedar Park, TX 78613 Telephone Number ( 512 ) 750-7395 _ Fax Number: ( } Describe work to be HVAC performed Percentage of contract 25 work to be performed Add additional pages as needed Exhibit "A" 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 Throne Plumbing Services Daniel Hacker throneplumbingservices@gmail.com 4746 W. SH 29 Llano, TX 78643 ( 512 ) 293-5516 Fax Number: Plumbing work .06 % Attachment C- Bid Sheet -UPDATED Solicitation Number: IFB 24-004 Solicitation Description: CDBG HOME REPAIRS Location #3 LINE I AREA DESCRIPTION LINE ITEM TOTAL 1 lWindows Replace Broken Window Glass $6 10.00 UTSIDE 3 Fence Replace entire back side of privacy fence $3,007.00 4 Siding Replace entire siding on right side of house only bottom two feet. Including flashing tape. Paint to match $1,416.22 5 Siding Replace all siding on chimney including trim. Paint to match. Remove and replace dvent with new. $2 730.00 6 Back Door Replace rotted door frame. Paint to match. $819.46 7 HVAC Re lace HVAC condensers, coils, and plenum. $9,757.20 8 ` HVAC Install a breker disconnet or fusible link for HVAC $780.00 9 Front Door Weatherization of Front Door $270.00 10 Water heater closet back. Replace water damaged sheetrock on outside of water heater closet. Paint $2,800.00 11 Water heater closet instal! new vent that is u to code. Included 12 Water heater closet Replace entire bottom of water heater closet and repair water damaged wall on left side of water heater closet. $1,244.00 COMPANY NAME: B&O Construction.com SIGNATURE OF AUTHORIZED REPRESENTATIVE: PRINTED NAME: Paul Farnum PHONE NUMBER: 512-989-6222 EMAIL ADDRESS: au[ bnoconstruclion.com Page 3 of 4 IFB 24-004 CDGB Home Repair Location # 3 November 17, 2023 The City's cap for CDGB homes is $25,000. Per Part III, Section 10, The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services/ goods needed to satisfy requirements with budgetary constraints, which may be more of less than indicated. The total bid for all lines for location # 3 came in at $23,453.88 Due to administrative error: • The city will accept modified products and /or materials for a new total of $8234.60 on line # 7 The new total for location # 3 will be $ 21,931.28. Brandon Rainer Purchaser Exhibit ` Location -FRONT OF HOUSE +c � REPLACE ENTIRE BACK SIDE OF PRIVACY FENCE 5 � Moll JIM Vs F3 lip i. 46.1 A X4; MOM FS n i.� t3j 7A .06 : M, 111ZWEN Location 3 REPLACE ENTIRE SIDING ON THE RIGHT SIDE OF HOUSE (IF STANDING IN FRONT OF HOUSE) ONLY BOTTOM 2 FEET, PAINT TO MATCH Exhibit "A" Location 3 REPLACE ALL SIDING ON CHIMNEY INCLUDING TRIM. PAINT TO MATCH./ REMOVE AND REPLACE DRYER VENT WITH NEW. ti' _. _.r_ - . '�:: � T {.� F' '� ;'. - � r ' r .i_-._.--�.�r-.u.�'"JF�=s�.��-. r.-uw.�.�-r+-..TL'wr4'++'-'hu.3'��Y-i���.'..i ii-�:dV =,w.. a r. i.r.�.r ... rct=+.�iri � t . f -� �. F � ..�' �� +t c 5 yi f 4� �.f� � k �, � `� - �� , �� �� 4Ay} t�lr�: # 'r3F ;� r'��` ' F�� w ' � �� ' � � � Exhibit "A" Location 3 Exhibit "A" Location 3 Water heater closet: remove water heater and re -built water heater platform and put water heater back. Replace water damaged sheetrock on outside of water heater closet. Paint to match. Exhibit "A" Location 3 s � Y, .4 trl4rr��'}�� C Exhibit "A" Location 3 REPLACE HVAC/FURNACE SYSTEM INSIDE AND OUTSIDE Exhibit "A" �7 CONFLICT OF INTEREST SUMMARY OF RULES FOR CDBG CONTRACTORS lL 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 A City Official? Are any immediate family„ members or business associates of my employees or beard members, ■ 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 Fart 570.611 and 24 CFR Part 85.36) • Texas Local Government Code Chapter 171,004 1. 'City Officials Their Family, or Business Partners Benefitting from CDBG Pra ects. HUD Rule. The HUD conflict of interest rule prohibits any "covered person" associated with the City (as defined below) from obtaining a financial interest or benefit from a CDBG assisted activity or contract, of the proceeds under any such contract, during that covered person's tenure with the City and for one year thereafter. A "covered person" is defined by HUD as any employee, agent, consultant, officer, or elected or appointed official of the City who, with respect to CDBG-funded activities under the contract: (a) exercises or has exercised any functions or responsibilities; or, (b) is in a position to participate in a decision -making process; or, (c) is in a position to gain inside information. City staff members or consultants who exercise the above roles or function with respect to the CDBG activity are considered "covered persons." For Purposes of the CDBG program, a "covered person" specifically includes Exhibit "A" any member of the Round Rock City Council, or any director of any board associated with reviewing and making recommendations on the funding for the contract, whether or not that council member or director actually participated in the review or recommendation. "Covered person" may also include member of other City boards and commissions, if that board or commission has exercised functions or decision -making with respect to the CDBG activity, The HUD rule further prohibits anyone with "family or business ties" to the covered public official from receiving a financial interest or benefit. State Law., State law requires a local public official with substantial interest in a business entity or in real property, to file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature of the extent of the interest. The state law required that any public official of the City, should publicly recuse him/herself from participating In any discussions relating to the CDBG grant -making process. Failure of the person to recuse him/herself l gkm the discussions begin may disqualify the organization's application for funds. Ili. Interests of mrsons 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. LV. Remedies and Sanctions. The CDBG grant contract provides that if a CDBG contractor fails to make a good faith effort to avoid an improper conflict of interest situation or is responsible for the improper conflict situation, the City may (1) suspend CDBG payments, (2) terminate the contract, (3) require reimbursement by the contractor to the City of HUD of any amounts already disbursed and/or (4) bar future CDBG funding of the contractor in the event HUD suspends or terminates its rant to the city for conflict of interest reasons, or in the event the city reasonably determines that an improper conflict of interest situation may arise from payments under the contract. This could happen whether or not the contractor is responsible for the conflict -of -interest situation. Certification: 1, the undersigned, acknowtedge and certify that I have read and understand the summary of Rules for CDBG Contractors. Date: Company/Vendor Name: 10/6/2023 Farnum Enterprises, Inc. dba B&O Construction Printed Name and Title: th rizjc!Anatory: Paul Farnum, President / w4 f Exhibit "A" CITY OF ROUND ROCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AFFIDAVIT REGARDING CONFLICT OF INTEREST Adcnowledgement: 1, the undersigned, certify that l have read and understand the conflict of interest regulations by the U5 Department of Housing and Urban Development, Community Development Block Grant Program, including 24 CFR Part 570.611: 24 CFR Part 570.611(b) Conflicts prohibit. No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or wo are in a position to participate in a decision -making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 24 CFR Part 570.611(c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official to the recipient, or of any designated public agencies, or of subrecipients that are receiving CDBG funds. Certification: I, the undersigned, certify and report that to the best of my knowledge, ❑ 1 have no conflict of interest to disclose o I have the following conflict of interest to disclose: Date: October 6, 2023 Company/Vendor Name: Farnum Enterprises, Inc. dba B&O Construction Printed Name and Title: ut ri Signatory: Paul Famum, President Exhibit "A" U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Bxecutive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract, whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidders shall be required to submit a compliance report within seven (7) calendar days after bid opening. No contract shall be awarded unless such re" ,is, submitted. CERTIFICATION BY BIDDER Bidder's Name: Farnurrl Enterprises, Inc. dba B&O Construction Address and zip code: 16238 FM 620 Suite F-405, Austin, TX 78717 Bidder has participated in previous contract or subcontract subject to the Equal EMP104TWt Opportunity Clause, Yes No (If answer is yes, identify the most recent contract) Compliance reports were required to be filed in connection with such contract or subcontract. Yes No � (If answer is yes, identify the most recent contract) 3. Bidder has filed all compliance reports due un er applicable instructions, including SF- 100, Yes No None Required 7110 4. If answer to Item 3 is "No", please explain in detail on the reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. — please type) October 6, 2023 Date Exhibit "A" CERTIFICATION OF SLIBCQNTRACTOR REGAROING EQUAL EMPLOYMENT OPPORTUNITY NAME OF PRIME CONTRACTOR: Farnum Enterprises, Inc. dba B&O Construction PRO}ECTM IFB 24-004 CDBG Home Repairs INSTRUMONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12314-25), The implementing roles and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract, whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidders shalt be required to submit is compliance report within seven (7) calendar days after bid opening. No rQ=ct shall be awarded galess such report is submitted. CERTIFICATION BY SUBCONMCTOR NAME AND ADD1�S OF SUBCONTXSTOR (Ineldtde 76P Co�le� Mercury Electric Company Inc., 401 Lone MMan 44reeKK rive, Wimberly, TX 78676 Yawn Heating & A/C, Inc., 1807 Eclipse Cove, Cedar Park, TX 76613 Throne Plumbing Services, 4746 W. 5H29, Llano, TX 78643 1 • Subcontractor has participated in previous contract or subcontractor subject to the Equal Employment Opportunity clause. Yes % _ No (If answer is yes, identify the most recent contract) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes- . .—No X (if answer is yes, identify the most recent contract) ). Bidder has filed all compliance reports due under applicable instructions, including SF- 100. Yes ,- — ^ No .-- None Required X 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended - Yes No X ....� 1 he inpr gti bove is true and complete to the best of my knowledge and belie am m, r deny f. itle, f Signer — pkeasr type) -- October 6, 2023 Date Exhibit "A" CLEAN AIR AND WATER CERTIFICATION (For all contracts exceeding $100,000 including indefinite quantities where the amount is expected to exceed $100,000 In any year) The Bidder certifies that: 1. Any facility to be used in the performance of this proposed contract is not listed on the Environmental Protection Agency List of Violating Facilities; 2. The bidder will immediately notify the Procuring Agency, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Bidder proposes to use for the performance of this contract is under consideration to be listed on the EPA List of Violating Facilities; and 3. The Bidder will include a certification substantially the same as this certification, including this paragraph, in every non-exempt subcontract. Signature of Contractor's Authorized Name of Contractor's Authorized Off Title of Contractor's Authorized Official: President Date: October 6, 2023 Exhibit "A" CERTIFICATION ON NON -LOBBYING ACTIVITIES CERTIFICATION FOR CONTRACTS. GRANTS, AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the Award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. Paul Farnum NAM SIGttATURE President TiTIE October 6, 2023 PATE 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: i.He/she is of owner ofFarnum 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 afflant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix price or prices in the attached Bid or of any other Bidder, or to fix overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement and advantage against the City of Round Rock; 5. No member of the City Council, or any person in the employ of the City Is directly or indirectly interested in the bid, or the work to which it relates, or 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 afflant; 7. 1 have read and understand th ocument and agree(s) to comply with the terms and conditions contained 7tder of; 1 he Bidder am not indebted to the City of Round �ck In any form or manner. Signature: Date: October 6, 2023 Title President Notary: Phyllis Gibich (Apply Notary Seal) (Print or type name4 -,ender all signatures) Exhibit "A" This form to be submitted with Sid MINORITY AND WOMEN'S BUSINESS ENTERPRISE UTILIZATION WORKSHEET Grant Applicant City of Round Rock, Texas Project Number 24-004 Contractot/Engineer Farnum Enterprises. Inc. dba B&O Construction Address, City, State, and Zip 16237 Hwy 620, Suite F-405 Austin, TX 78717 Contact Person Paul Farnum Telephone No 512-989-6222 - Amount of Contract MBE Percentage WBE Percentage: t. MBE X Subcontractor Texas Association of African American Chamber WBE X Address, City, State, Zip 807 Brazos St Ste 710, Austin, TX 78701 Contact Person info@taaacc.org (512) 535-5ti10 Amount of Subcontract TBD Tax lD Number Scope Of Work HVAC, electrical, plumbing, and fencing 2. NM X Subcontractor Texas Association of Mexican American Chamber NVBE X Address, City, State, zip 606 Main St. Buda, TX 78610 Contact Person president@tamacc.org (512) 444-5727 Amount of Subcontract TBD Tax ID Number Scope Of Work HVAC, electrical, plumbing, and fencing 3 MBE X Subcontractor WBE X Address, City, State, Zip 1402 Corinth St, Dallas, TX 75215 Contact Person _info@gdaacc.com (469) 620-2499 Amount of Subcontract TBD Tax m Number Scope Of Work HVAC, electrical, plumbing, and fencing 4• MBE X Subcontractor Barrier Fence WBE X Address, City, State, Zip 402A W. Palm Valley Blvd. #181, Round Rock, TX 78654 Contact Person Mariesha Williams 512-709-8467 Melinda@barrierfence.com Amount of Subcontnrt TBD Y Tun ID Numbc[ Scope Of Work _ Fencing Exhibit "A" This form to be submitted with Bid: MINORITY AND WOMEN'S BUSINESS ENTERPRISE UTILIZATION WORKSHEET Grant Applicant City of Round Rock, Texas Project Number 24-004 Contractor/Engineer Farnum Enterprises, Inc. dba B&O Construction 4ddress, City, State, and Zip 16238 Hwy 620, Suite F-405, Austin, TX 78717 Contact Person Paul Farnum Telephone No p 51 --9B -6222 Amount of Contract VIBE Percentage WBE Percentage: ___ I MBE Subcontractor Texas Women in Business Austin WBE X Address, City, State, Zip 3801 N Capital Of Texas Ftwy, Austin, TX 78746 Contact Person texaswomeninbusiness@outlook.com (512) 322-2422 Amount of Subcontract TBD Tax U) Number Scope of Work HVAC, electrical, fencing and plumbing - 2 MBE WBE Contact Person Amount of Subcontract Scope Of Work 3. MBE WBE Contact Person Amount of Subcontract Scope Of Work 4 MBE WBE Contact Person Am-lunt of Subcontract Scope Of Wo.'k Subcontractor _ Address, City, State, Zip Tax ® Number Subcontractor Address, City, State, Zip Tax ID Number Subcontractor Address, City, State, Zip 'rax M Number * Solicitations sent, no responses received. EXHIBIT "B" W9 FORM for Taxpayer Give Form to the --or.Request ,Rev. October 2018) Identification Number and Certification requester. Do not 7epartment of the Treasury send to the IRS. ntemal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave th-s -ine blank Farnum Enterprises, Inc. 2 Business name/disregarded entity name K different from above dba B&O Construction y 3 Check appropriate box for federal tax classificat on of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to fol ow ng seven boxes. certain entities, not individuals; see a instructions on page 3): p ❑ Indiv,duallsole proprietor or ,/❑ C Corporatio- ❑ S Corporatirr ❑ Partnership ❑ Trustlestate Csingle member LLC Exempt payee code (if any) ❑ L mited liability company. Enter the tax classification (C-C corporation, S-S corporation, P-Partnership) ► p Note. Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting H LLC it the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is Is coda fit an ) y aanother LLC that not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. g ❑ Other (see instructions) ► wry to 8=VW0 M*rafned re US) yo 5 Address (number, street, and apt. or suite no.) See instructions. Requesters name and address (optional) 16238 FM 620, Suite F-405 6 City, state, and ZIP code Austin, TX 78717 7 List account number(s) here (optional) IMM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number this is generally your racial security number (SSN). However, fora backup withholding. For individuals,ordisregarded resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities. it is vour emolover identification number (EIM. If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1 Number To Give the Requester for guidelines on whose number to enter. Also see What Name and or r�niie�n��n�n certincation Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, ancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividend5ryN are pot reAuired to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. alyn Signature of Here U.S. person ► 1 " Date ► Generallnstruttions f Section references are to the Internal Revenue Code unless otherwise noted. Future devolopmonts. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FomnW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (FIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other arnount reportable un an Inforrnallon return. EXnrrtplea of infominlion retums include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident olian), to provide your corroot TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No, 10231X Form W-9 (Rev. 10-2018)