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CM-2025-022 - 1/31/2025 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)- COMMUNITY HOUSING REPAIR AND REHABILITATION HOMEOWNER AGREEMENT This CDBG Comm.u4iVjytousing R it and Rehabilitation Homeowner Agreement (Agreement), is made this S/ day of , 2025, between the CITY OF ROUND ROCK, 221 East Main Street, Ro Rock, Texa 78664 (CITY), and YONG HI LAMBERT, whose address is 2130 Jasmine Path, Round Rock, Texas 78664 (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 SOUTH CREEK SEC 16 AMENDED, BLOCK B, LOT 3, a subdivision in Williamson County, Texas, also known as 2130 Jasmine Path, Round Rock, Texas 78664, as specified in the Work Write-Up Bid Document, &ached 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), $18,100.00, (Contract Price) for labor, materials and equipment utilized in the rehabilitation of HOMEOWNER's above-referenced property, as specified in the Work Write-Up Bid Document. Funds will not be used to pay HOMEOWNER or members of its family. 1.2 The Contract Price and any approved change orders will not total more than$22,625. 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". 4921-2718-2098/ss2 2.2 HOMEOWNER has resided in and been the owner(s) of the residence to be rehabilitated for at least one(1)year prior to the submission of its application. 2.3 The residence to be rehabilitated is not located in a flood zone area as defined in CITY's Flood Insurance Map, produced by the Federal Emergency Management Agency, or if it is located in a flood zone, HOMEOWNER has sufficient flood insurance, which HOMEOWNER will keep current for at least five (5)years after receiving the award. 2.4 All property taxes on the property are paid up to date, including CITY, County and applicable School District Taxes. 2.5 The residence is not under a Contract for Deed, or any similar purchase agreement, in which HOMEOWNER does not obtain legal title until final payment is made. HOMEOWNER has not received HUD Program assistance for the preceding five (5) years. 2.6 HOMEOWNER understands and agrees that the work performed by contractor will be inspected by the Construction Advisor, as defined in the City of Round Rock Housing Repair and Rehabilitation Program Policies and Procedures, and a City Inspector before any funds are paid out and the rehabilitation is completed. ARTICLE 3 OTHER PROGRAM REQUIREMENTS 3.1 DISCRIMINATION. HOMEOWNER will not exclude any person from participation in, deny the benefits of or subject the person to discrimination under any of the contractor's activities while receiving federal financial assistance on the grounds of race, color, religion, sex,national origin, age or disability. 3.2 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of CITY, or its designees or agents, no member of the City Council, and no other public official of CITY during his/her tenure or for one (1) year thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 3.3 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement will not be used in payment of any bonus or commission for the purpose of obtaining CITY approval of the application for such assistance. 3.4 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have 2. known of the existence of the subject act(s) or failure(s)to act. 3.5 INDEMNIFICATION. HOMEOWNER will defend, indemnify, and hold CITY, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from this Agreement, no matter how, or to whom, such loss may occur. Nothing herein will be deemed to limit the rights of CITY or HOMEOWNER (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 3.6 CHANGE ORDERS. HOMEOWNER expressly agrees that no material changes or alterations in the Work Write-Up Bid Document or Contract Price provided above will be made unless in writing, mutually agreed to by HOMEOWNER and the CONTRACTOR, and authorized by CITY. 3.7 TERMS. All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. For the purposes of this Agreement the term "will" is mandatory. 3.8 SEVERABILITY. Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 3.9 PUBLIC INFORMATION ACT. The City of Round Rock is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. ARTICLE 4 SUSPENSION AND TERMINATION 4.1 If HOMEOWNER fails to fulfill in a timely and proper manner their obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then HOMEOWNER will have ten (10) days from the date it receives written notice from CITY directing it to cure or correct the defects or failures to comply. Should HOMEOWNER fail to make corrections as directed by CITY, and such breach of contract results in a violation of federal law or regulation for which CITY receives a demand of reimbursement of grant funds from HUD or its successor, CITY may terminate this Agreement immediately, and may recover from HOMEOWNER the amount sought by HUD for reimbursement,up to the full amount of the award. 4.2 HOMEOWNER will not be relieved of the liability to the CITY for damages sustained by CITY by virtue of any breach of this Agreement by HOMEOWNER. 3. 4.3 If CITY becomes aware of any HOMEOWNER activity which could jeopardize CITY's position with HUD and cause CITY to return CDBG funds or other federal funds received by CITY, CITY may take appropriate action, including injunctive relief against HOMEOWNER, to terminate or prevent the activity. Failure of CITY to exercise this right will not constitute a waiver by CITY of its right to demand payment or to seek any other relief in law or in equity to which it may be entitled. ARTICLE 5 ATTORNEY'S FEES 5.1 Any party to this Agreement who prevails in any legal proceedings between the parties regarding this Agreement will be entitled to recover court costs and reasonable attorney's fees from the non-prevailing party. ARTICLE 6 VENUE AND REMEDIES 6.1 This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Williamson County, Texas. ARTICLE 7 SUCCESSORS AND ASSIGNS 7.1 CITY and HOMEOWNER, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of the other party with respect to all covenants of this Agreement. Neither CITY nor HOMEOWNER will assign, sublet, or transfer any interest in this Agreement without the written consent of the other. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 This Agreement represents the entire and integrated agreement between CITY and HOMEOWNER for the work specified in Exhibit "A" and supersedes all prior negotiations, representations or agreements either written or oral. This Agreement may be amended only by written instrument signed by CITY and HOMEOWNER. The Agreement contains the following exhibits attached to and incorporated in this Agreement for all purposes: (1) Work Write-Up Bid Document(Exhibit"A") (2) HUD Section 8 Income Limits (Exhibit"B") (3) Contractor's Agreement(Exhibit"C") [Signatures are on the following page.] 4. This Agreement is effective as of the date first written above. HOMEOWNER: CITY: City of Round Rock, Texas ambe Brooks Bennett, City M tiger 5. EXHIBIT "A" WORK WRITE-UP BID DOCUMENT 6. Attachment C-Property Bid Sheet-Addendum 4 Update Solicitation Number: IFB 25-007 Solicitation Description: CDBG HOME REPAIRS The Respondent represents that they are submitting a binding offer and are authorized to bind the respondent to fully comply with the solicitation documents contained in IFB No.25-007 CDBG Home Repairs.The Respondent acknowledges that they have received and read the entire solicitation packet,attachments, addendums,and all documents incorporated by reference,and agrees to be bound by the terms therein. Special Instructions: Be advised that exceptions taken to any portion of the solicitation will jeopardize acceptance of the bid. Alternative bids will not be considered and unauthorized modifications to the bid sheet format will result in the rejection of the bid The City reserves the right to choose which repairs will be completed based on budget and the budget may not include all repairs listed per location. NOTE:You must bid all line items for a location,there are 4 separate locations.Only 1 contractor will be awarded per location. Location #3 LINE AREA DESCRIPTION LINE ITEM TOTAL WINDOWS Replace all windows with new energy efficient windows and window trim and paint with two coats to match.Front 1 Windows window counts as 2 windows.Window count and measurements to be obtained by the contractor at the $9,975.00 mandatory walkthrough.Save existing window screens and put back on new windows when complete, OUTSIDE 2 Fence Gate Adjust exisiting fence gate so it opens and closes correctly. $250.00 On front of house replace siding to include rotted side cornerboards(page 11 of wirteup).On right side of house if standing from front remove bottom trim and replace with 2 feet of siding(page 12 of writeup).Also on right side 3 Siding of house cut out 6 inches at seam,add z flashing and 1 x 6 siding(page 13 of writeup).Facing front of house replace panel siding and trim(per page 14 of writeup).Replace siding on chimney to include trim one side only $7,875.00 (page 15 of writeup)On back of house cut 6 inches at seam add z flashing and 1 X6 siding and replace bottom of siding two feet up(page 16 of writeup). Paint all siding/trim with 2 coats of paint to match. COMPANY NAME: B&O Construction NAME OF AUTHORIZED P ul Famum REPRESENTATIVE: SIGNATURE PHONE NUMBER: 512-989-6222 EMAIL ADDRESS: paul(@bnoconstruction.com Page 3 of 4 Attachment G-Location 3-Addendum 2 Update CDBG HOME REPAIR LOCATION#3 :141\ Replace all windows with new energy efficient windows and window trim and paint to match with 2 coats of paint this windov counts as 2 Remove ALL existing window screens in order to replace ALL windows and then put existing window screens back after windov replacement 1 CDBG HOME REPAIR LOCATION#3 Replace all windows with energy efficient windows and io window trim and paint to match with 2 coats of paint ' , VW "". - ...----.-- --''t:- 401011.111111 1‘4, .1.1 6 SI. -6011111.11 ti 2 CDBG HOME REPAIR LOCATION#3 Replace all windows with energy efficient windows and window trim and paint to match with 2 coats of paint Replace siding and trim as needed at various areas of house and paint to match • with 2 coats of paint-contractor must attend mandatory walk thru to take pictures and measure areas needed to be replaced Revision to ABOVE siding and trim replacement SEE PAGES 11-16 OF THIS DOCUMENT WITH SCOPE OF WORK OF ALL SIDING AND TRIM THAT timbal NEEDS TO BE REPLACED WITH NEW �. PICS AND NEW SCOPE OF WORK. ,4 ` 3 CDBG HOME REPAIR LOCATION#3 .! • 410 Replace at windows with energy efficient windows and window trim and paint to match with 2 coats of paint and replace various areas of siding around house and paint to match with 2 coats of paint contractor must attend mandatory walk thru to measure and take pictures of areas of siding needing to be replaced Revision to ABOVE siding and trim replacement SEE PAGES 11-16 OF THIS DOCUMENT WITH SCOPE OF WORK OF ALL SIDING AND TRIM THAT NEEDS TO BE REPLACED WITH NEW PICS AND NEW SCOPE OF WORK 4 CDBG HOME REPAIR LOCATION#3 ti - l' t.'- itek.7 ".‘,14...,-,,.. ili, j, dihk. . - I i I1 ``4. Replace all windows with r eny efficidwd co Nowindowerg trim and painot to match with 2 coats of ent paint_win Replaces I various sections of rotted siding I around house and trim and i : I ..... `� paint to match with 2 coats of paint-contractor must attend mandatory walk thru to take pics and measure sections of - house siding needing to be _"4. replaced v `, - . 1r „ Revision to ABOVE siding and trim .F�. .+i.— .< replacement SEE PAGES 11-16 OF THIS ' • ' •• • ' DOCUMENT WITH SCOPE OF WORK OF -• 411 ALL SIDING AND TRIM THAT NEEDS TO .' �' BE REPLACED WITH NEW PICS AND NEW SCOPE OF WORK 5 CDBG HOME REPAIR LOCATION#3 � . ; i ;, Replace various areas of rotted siding around house to include same trim and paint to :;� match with 2 coats of paint a Revision to ABOVE siding and trim replacement SEE PAGES 11-16 OF THIS DOCUMENT WITH SCOPE OF WORK OF ALL SIDING AND TRIM THAT NEEDS TO BE REPLACED WITH NEW PICS AND NEW SCOPE OF WORK. 6 CDBG HOME REPAIR LOCATION#3 Replace this entire section of siding and trim and paint to match with 2 coals of paint 1 111, 7 CDBG HOME REPAIR LOCATION#3 Replace rotted siding and trim at various locations around house and paint to match with 2 coats of paint-contractor must attend mandatory walk thru to . .-, take pictures and measure locations of siding needing replacement Revision to above siding and trim replacement: SEE PAGES 11-16 OF THIS DOCUMENT WITH SCOPE Oi - I WORK OF ALL SIDING AND TRIM THAT NEEDS TO BE REPLACED WITH NEW PICS AND NEW SCOPE OF WORK. r 8 CDBG HOME REPAIR LOCATION#3 _ _ -_- __ _ Replace rotted siding and trim at various locations around " y house and paint to match with 2 coats of paint-contractor must attend mandatory walk thru to take pictures and measure locations of siding needing replacement I ri Revision to above siding and trim replacement SEE PAGES 11-16 OF THIS DOCUMENT WITH SCOPE OF WORK OF ALL SIDING AND TRIM THAT NEEDS TO BE REPLACED WITH NEW PICS AND NEW SCOPE OF WORK. y• 9 CDBG HOME REPAIR LOCATION#3 is 1111 1,4 • Il . � t ' •• Replace fence gate with cedar pickets and hardware 1 p e L . ' p.' IN Revision Do not replace gate. Adjust gate to be able to open i and close and lock 10 CDBG HOME REPAIR LOCATION#3 - ' fir. •4r 4 [ry ��r la dui.. S> '�'Ors, r '... w -''t ►�l / ;> .. tt ' �. a" 1," etix . .; .-i .mil . ilikj,„. is, ' , Wit' - ::. -. .. a i p Ilfe^ 4 4 air TI q `�_t T y } Revision: Replace all siding on front of house to include rotted side/corner boards. Paint two(2)coats to match. 11 CDBG HOME REPAIR LOCATION#3 yV 1 „• Try z .. f i ;f. 04 .s iii t ti. , 1 Y Ilk .3 . /; 4x i,u I si t 0 • Revision: Replace all siding from bottom to two(2)feet up(all the way across to the back past fence) with new siding and paint two(2)coats to match.This is on the right side of house if you are standing at the front facing the house. 12 CDBG HOME REPAIR LOCATION#3 tiaaz 1 '444444416 ti Replace siding at the seam—cut out six inches at seam, add Z flashing and a 1 x6 siding. Paint to match two(2) coats. This is the right side of the house if you are standing at the front of the R' y house looking at the house. '1r4 13 CDBG HOME REPAIR LOCATION#3 V 40, 6 Replace panel siding and trim boards. Paint to match two (2) 1,1110 coats. (this faces the front of the • 11 house) . 4 i 14 CDBG HOME REPAIR LOCATION#3 • a 1 Replace siding on chimney to include trim-this side only— paint to match two (2) coats. I 1j i 15 CDBG HOME REPAIR LOCATION#3 { i, B, ''.. '0 1,7 � fi �r 01. � `, -. i „,,,.s.„- ...,,, _-_,f , ,, WI' Replace siding-cut six(6)inches 'A z : at seam, add Z flashing and 1 x6 c j siding. Paint to match,two(2) coats. -- _ ___ Replace all siding from bottom _ to two feet up. Paint to match = a �, l� two (2) coats. ' - ...,3 i iii " ' 16 EXHIBIT"B" INCOME LIMITS FY 2024 MAXIMUM INCOME CHART Household Size Maximum Income(80% of the Area Median) 1 person $68,500 2 persons $78,250 3 persons $88,050 4 persons $97,800 5 persons $105,650 6 persons $113,450 7 persons $121,300 8 persons $129,100 Source: U.S. Department of Housing&Urban Development. These income figures are subject to change annually. 7. EXHIBIT"C" CONTRACTOR'S AGREEMENT 8.