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CM-10-02-053COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - COMMUNITY HOUSING REPAIR AND REHABILITATION HOMEOWNER AGREEMENT This CDBG Community Housing Repair and Rehabilitation Homeowner Agreement ("Agreement"), is made this 2(i day of Q12= 42010 between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas("CITY"), and Dahlia Gonzales and spouse, Manuel Gonzales, her spouse, whose address is 2003 Magnolia Drive, Round Rock, Texas, 78664 ("HOMEOWNER", whether one or more). RECITALS WHEREAS, the CITY has been awarded grant funds to 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 residences by providing funds to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, HOMEOWNER has qualified for the rehabilitation of LOT 77, SOUTHERN TERRACE ADDITION, REVISED, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet B, Slide 90, Plat Records, Williamson County, Texas, also known as 2003 MAGNOLIA DRIVE, Round Rock, Texas 78664 (the "Property"), 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: 1.1 ARTICLE 1 GENERAL OBLIGATIONS CITY will pay a contractor ("Contractor"), by separate agreement attached hereto and incorporated herein as Exhibit "B" ("Contractor's Agreement"), $9,640.00, ("Contract Price") for labor, materials and equipment utilized in the rehabilitation of the Property, as specified in the Work Write -Up Bid Document. Funds will not be used to pay HOMEOWNER or members of his/her family. 1.2 HOMEOWNER understands that the funds provided will be paid directly to the Contractor upon completion of the rehabilitation of the Property, as provided in the Contractor's Agreement. 183832.doc/jmr 1 QM -1 C-02-053 1.3 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 by HOMEOWNER, and the Contractor and authorized by CITY. ARTICLE 2 HOMEOWNER'S REPRESENTATIONS 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 "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 his/her application. 2.3 All property taxes on the Property, including City, County and School District taxes are current. 2.4 HOMEOWNER has fee simple title to the Property. The Property 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. 2.5 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. 2 3.3 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement will not be used in payment of any bonus or commission for the purpose of obtaining CITY approval of the application for such assistance. 3.4 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 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 RELATIONSHIP OF PARTIES. Nothing contained herein, either explicitly or implicitly, shall be deemed or construed to make the CITY the agent, servant, or employee of the HOMEOWNER, or to create any partnership, joint venture, or other association between the CITY and the HOMEOWNER. Alternatively, nothing contained herein, either explicitly or implicitly, shall be deemed or construed to make the HOMEOWNER the agent, servant, or employee of the CITY, or to create any partnership, joint venture, or other association between the HOMEOWNER and the 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. 3.10 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the CITY and the HOMEOWNER. No oral agreements are in effect pertaining to this Agreement. Any changes or modifications to this Agreement must be made in writing with the consent of both parties. 3 ARTICLE 4 SUSPENSION AND TERMINATION 4.1 If HOMEOWNER 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 HOMEOWNER will have ten (10) days from the date it receives written notice from CITY directing it to cure or correct the defects or failures to comply. Should HOMEOWNER fail to make corrections as directed by CITY, and such breach of contract results in a violation of federal law or regulation for which CITY receives a demand of reimbursement of grant funds from HUD or its successor, CITY may terminate this Agreement immediately, and may recover from HOMEOWNER the amount sought by HUD for reimbursement, up to the full amount of the award. 4.2 HOMEOWNER will not be relieved of the liability to the CITY for damages sustained by CITY by virtue of any breach of this Agreement by HOMEOWNER. 4.3 If CITY becomes aware of any HOMEOWNER activity which could jeopardize CITY's position with HUD and cause CITY to return CDBG funds or other federal funds 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 4 Agreement. Neither CITY nor HOMEOWNER will assign, sublet, or transfer any interest in this Agreement without the written consent of the other. This Agreement is effective as of the date first written above. fi n Manuel Gonzales 5 CITY: Jamey R. Nuse, P.E., City Manager Contractor Signature PROJECT TYPE: Rehabilitation Work Description / Cornrner UNIMPOINEW 8 _ Trade: Thermal protection Blown fiberglass attic insulation Blown fiberglass attic insulation. Blown fiberglass attic insulation R19 (8" deep) 0 a f 0 < /V �k o -oa) z m 03 c '7 U1w 3 i@ -j�2 %ƒ=@ Es - co �f w A -o ID 2 axi « & E cC #0 ° E 1� 2 76 c▪ o o>§ x GNI 43 1E 13 6 1- o 2 w ele k0$I- w U) ▪ / 2 CO = s- § 7 c cm i1 § E .4. O 2 W k( (9 a _Ix� ' '{.G. £ e ii LI_ se - o of20Z CO k " c6 Et O K m 2 .0 E | E E 0) o 2, a «- F—1 0 \ F o ,O, 2 0 2 a <1 «; § J 2 2i = mI c%43 w / w - EXHIBIT 1 ¥ $ Round Rock , 7x 2003 Magnolia Drive Tuesday, May 19, 2009 8 Imrmak k $ col t Work Description / Comments \ 1 2 ut« 2 7 CD >. o m 0 _ o�c3 0" O >,' 6) o ° 0 e ■ 0 -o - E .02-c o � ■ wu) © asas2Ea) 0 ■ o qt »d2%°7 q k§�' 02 0 % a > ; m e @ o7,-0 .5., co /22E�o e co 0) c«-62�_?. $ • c m: © - _ ®-0z0a as § k $ ca o /o�0I--C 22ƒ2 2 2 $ o 0 \ 0 ® ƒEa)o-0-ok % $ a§2 0 0 s_ c m C ■ 2 m== m m■ TS �0®90-=® 2 .-0 -c ■ p .c a 0) ��kk mm/221_0 77\-- oo�COmt-0, 0) >60 0700 0r4 _E = c o E■ C a 0G-2k7:5L0 cw0-�>2■ • �ioo CD .6 0)-5 % $, 62522 \k0=/E�© £ 3 o ©:_ 030 • % c 2 2 k co t ki�krvim CL 0 2i--7kk�■ /0§252 as w K' a m k E ■ CO 00=C06-0 0 Trade: Carpentry rage Round Rock, TX 2003 Magnolia Drive Work Description / Comments -� C�� C c � co0L fn.— a -c = 0) cf Oa C C L 0) N 0C ck.>, . N+ti O o E. c - .a N >s O 0L-0 0 4,r O • -o-5oeSL O� w� m ° o c L ex p .. cv >.4 L cDo c mL 0 m a- - �. c -. COc ea > m o2S cu L.- 15 15 c L ca C L O—c' > u_ 5-(710 Q.,r-_D.>cso> CA Li'Ni3 11-3- cs 0o2SQ_ poo o L 0) 46 � CI) u -a c °' o0c�o o>.c g. _0 .,° 00°� O 0> o z3 c Z' m '5• 009-"0=-0 ... m� acm(75Nm -0 ° v•US c6 > o c -6 0_ 0 CA .-. > (TS(1) - Q 0 0 Ca d? m .� _0 C p Q C 0) O -0 O 0 0, L O .y U C. Q LI w L to ..._‘-1.= 4- m Q_ C6 a c qt Q p •"-' -C- 0 QC y a Trade: Paint & Finish Paint garage door O C O 0 [6 t d o ,O O— Z.o_ 'p O O '0 as O0 ,_0 - 0 co D 76- aN N =6 0 � � _ -U c 3 0X0 0_>v C 0. m e U Q Fij c QA °� W tin L M Q c m .0 c> o c to •C •-cc..o=om W m 0 0Lau .� Cvm- 0 d j as•� ( U 'Q .� O 'C fCS 0 0O Lf) - . (n L CtCE°LU)mN L L t6 g L = -- Q o t 0 Q> v 0 E E c -o o�cL�otf'`�-a E • > c .5 > cC 2c as k d ▪ Q 3�ca >N Q(n� �00 6-1 -0 O T L C c .+TT cQ� Q o �-� c �(� .. _ 4,2 o• — L„ C C c« m 0 0 - -o 0) 0"a m 0 O (!) C0 CL0 L .Q OV O Q� O - O m -o 0 (U am 41 0 0) > 0 m 'a Q rn -a c C la 0 - E Q_ V m�E0( ca 0 O m Qin `` r!J -U c4 LO ▪ 0"' L c •-N �m"O m O 0 ii Q- -- p E - QQ > -0 C 16 mvs>0 oE.oa OL °-C p y o .� C 0 CD tg �6 0 (4 C a �' as O os- O•c oo'- E eL '-= S..028 0 > m 0Ca t c�( N LL cer Eu LLL co y m y ON L L v L• Di '�' C c 0 L 0 > > r L -- O -o -o -o m a m CO > 0. 0 i -f 0I Z� CL1 Q LL' 0 O 0 0Q Q) 0 Wf wi to z 01 LCi u1' Hf a 9 ca Lu Trade; HVAC Q Z � Service furnace Service furnace typical SECURE GAS LINE AT FURNACE CLOSET. Round Rock, 2X 2003 Magnolia Drive Tuesday, May 19, 2009 Q cora Work Description / Comments C6 w � C O Ta N c •0 • 03 y A L a) 0. 0 0 O 0 vi 1. 1. O 0. u) c5 0) N a) C 0 .0 c E 0 03 0 N N a) 0) c C 0•0 c c 0 t03 is 'c c▪ i C m O U Trade: HVAC FINAL SIZING WILL BE DETERMINED BY MANUAL J 1- Z w 0 3 w J J J z Z 0 F- 0 Z 0 Uz w Q � Q UU Z wO Q "w m Ij 0) w Trade: Demolition J J Q 0 z 71 w C Z O 03 vI 03 w N I— = Y C 0h - 0U 0 w w 0 c) on J U w .L. J O • N = — coz O • E Y0 Q C as m 0 co Z Z CD 0 OI— .n o I U C 0 0ui 0 '0 . a L- % (j U 0) 0 • �0 CO2 o i <0 c E [r w t 0 ill zQ u) N w 0)H U< N • et Ct 0 0) C WJ C -E d J -E 0 co< o 1E< 11-I ,5 ,.0 TS C 0 J • I- I.- O w ar c w re u) ▪ 0 w Q O O co i 0 w Trade: Plumbing 0) C L 0. 0) N 3 N 4) t 0 0 .0 0 m 0) 0 0.. y E O O c0 J 0) 0_ N 0 0) C El Y E c Q. C 6- E_c 0) C `1) s E O o O) C al '43 �E C Q E Q1 • cm E n •w 03 .0 C • E C C :n E • L- a L O O)_c = N 0 CC o` VENT THROUGH ROOF. INSULATE WATER LINES. 2003 Magnolia Drive Work Description / Comments 0 (/) 3COj Ez Qom w ›,CF U O Q 0 m om' t6 —�30L a 0 t!) 0 0 � .0 0 l— r _ L � C >, 0) E0 _I O 6) 1- U - — iL1 •a17"- 0 3 0 1- - ' sm� = S of d1 r.'C .00 jaco c4 m "a ci_+ to t6 "rtO < U >s= = U m co •_to •-•[teala J 0 § J a 0) m 0 0-C X~ cTei Ci ,113 c >0 U U .0 0 — raO X p C 9 - 0 0) 13 •r0 0CDr cn•3 to -0 to O C u! Zc 0 0u3 0 [CQ (-) �� (.0 O N >.+%� O0 aF^ F- 1- .o > .:2 0 Trade: Plumbing Toilet remove for work, then reinstall 0 r - c6 0 Trade: Plumbing C co '0 C -a c6 0 L a) ,.. p 0 c .c ( m 0 go uj Q. O) f� -0 0) 0 > v -0 C INCLUDE DRAIN LINE. Round Rock, TX 2003 Magnolia Drive Tuesday, May I9, 2009 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 , 20 , between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rock, Texas 78664 ("CITY"), and ALL TEX BUILDING & RESTORATION, INC., P. O. Box 1988, Conroe, Texas 77305 ("CONTRACTOR"). RECITALS WHEREAS, CITY has been awarded grant funds which may be spent by CITY for the provision of certain services authorized under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, CITY will pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation of LOT 77, SOUTHERN TERRACE ADDITION, REVISED, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet B, Slide 90, Plat Records, Williamson County, Texas, also known as 2003 MAGNOLIA DRIVE, Round Rock, Texas 78664 (the "Property"), 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, CITY and CONTRACTOR agree as follows: ARTICLE 1 GENERAL REQUIREMENTS 1.1 CITY will pay CONTRACTOR $9,640.00 ("Contract Amount"). Funds will not be used to pay the homeowner or members of its family. 1.2 Payment will be made by CITY for all work described in the Work -Write Up 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 2009 Community Housing Repair and Rehabilitation Program Policies and Procedures. 183 887.doc/jmr a 8 EXHIBIT 3 1.3 CONTRACTOR will not deviate from the work described in the Work -Write Up Bid Document 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 $12,050. 1.5 All work specified in the Work -Write Up Bid Document will be satisfactorily completed within ninety (90) days from the date of the Notice to Proceed. 1.6 Work -Write Up Bid Document line item deletions: None 1.7 CONTRACTOR will assign to the CITY all mechanic's lien notes and mechanic's lien contracts on the Property held by CONTRACTOR. 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 Work -Write Up Bid Document, 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 Work -Write Up Bid Document with the exception of line items deleted under Section 1.6 must be completed before any funds will be paid out. 2.4 CONTRACTOR understands that the job will be inspected by a CITY Inspector and Construction Advisor before any funds will be paid out. 2.5 CITY will provide a Notice to Proceed to CONTRACTOR to commence work. CONTRACTOR agrees to start work within thirty (30) calendar days after receipt of the Notice to Proceed. If CONTRACTOR fails to commence work within thirty (30) days from the date on the Notice to Proceed, CITY will have the right to terminate this Agreement, by providing a written notice of termination to CONTRACTOR. 2 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 Work -Write Up Bid Document, 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 CONTRACTOR'S Work - Write Up Bid Document, attached hereto and incorporated herein as Exhibit "A" and that such Bid is accurate and consistent as to the name of CONTRACTOR, scope of work that the CONTRACTOR will under -take, and price. CONTRACTOR acknowledges the performance requirement established in the write up and warrants that all work undertaken will conform to said specifications. 3.5 REMOVAL OF DEBRIS. Upon completion of work CONTRACTOR agrees to remove all construction debris and surplus material from the Property and leave the Property in a neat and clean condition. 3 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 or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement, any advantage against CITY or any person interested in this Agreement; and the price or prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of CONTRACTOR or any of its agents, representatives, owners, employees, or parties in interest. 3.8 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of CITY, or its designees or agents, no member of the City Council, and no other public official of CITY during his/her tenure or for one (1) year thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 3.9 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement will not be used in payment of any bonus or commission for the purpose of obtaining CITY approval of the application for such assistance. 3.10 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 3.11 INDEMNIFICATION. CONTRACTOR will defend, indemnify, and hold CITY, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of CONTRACTOR, or CONTRACTOR's agents, employees or subcontractors, in the performance of CONTRACTOR's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein will be deemed to limit the rights of CITY or CONTRACTOR (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 4 3.12 CHANGE ORDERS. CONTRACTOR expressly agrees that no material changes or alterations in the Work -Write Up Bid Document or price provided above will be made unless in writing, mutually agreed by the homeowner, 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 teim "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, 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 5 demand of reimbursement of grant funds from HUD or its successor, CITY may terminate this Agreement immediately, and may recover from CONTRACTOR the amount sought by HUD for reimbursement, up to the full amount of funds CONTRACTOR received from CITY. 4.2 CONTRACTOR will not be relieved of the liability to CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR. CITY may withhold payment to CONTRACTOR until the amount of monetary damages due CITY from CONTRACTOR is determined. 4.3 If CITY becomes aware of any CONTRACTOR activity which could jeopardize CITY's position with HUD and cause CITY to return CDBG funds or other federal funds received by CITY, CITY may take appropriate action, including injunctive relief against CONTRACTOR, to terminate or prevent the activity. Failure of CITY to exercise this right will not constitute a waiver by CITY of its right to demand payment or to seek any other relief in law or in equity to which it may be entitled. ARTICLE 5 PAYMENTS 5.1 For work completed by CONTRACTOR, as described in the Work -Write Up Bid Document, 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 SUCCESSORS AND ASSIGNS 8.1 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 6 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 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 arguments 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) Work -Write Up Bid Document (Exhibit "A"); (2) W9 Form (Exhibit "B"). ARTICLE 10 ACKNOWLEDGMENT 10.1 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. This Agreement is effective as of the date first written above. CONTRACTOR: CITY: ALL TEX BUILDING & RESTORATION, INC. CITY OF ROUND ROCK Name l es R. Nuse, P.E.; 1, ()re , Title 7 Manager Contractor Name Contractor Signature This document must be signed to he a Valid bid. 2 � -45 R C Q R as ft 4 R c coea R c/rte Bid Due Date: Work Description / Comments 8 m 0 Trade: Thermal Protection Blown fiberglass attic insulation Blown fiberglass attic insulation, Blown fiberglass attic insulation R19 (8" deep) 0 > 115 82 :E.« 6 ® c 20 /k 2 ƒ C o § kf 0 CD0 ro • 0 E C 3 0 0. k u O 0 R / u 03 � n w u 3 'cc O L G 0 w 1 - Cf) m $ lx / k 0 o 0 o 1.0 • k CI _� 0 o J� 4) a. , £ 0 �.c tk Q e 6 E c w g c c 7 2 22 ac / § § c E. 222 7• -7(u o 2 1— . F o o �: L.. c • -Co 21 0 Z 0 � d k �I! b § EXHIBIT Round Rock, :rX 2003 Magnolia Drive Tuesday, May 19, 2009 .Et' C Z37: c$ OS C LO 0) 'C C -� C _ cts Q O c N 0 c6 f6 ia_ "tea ps Z3 N a Q i C2 05 a= O O C 3, 03 As.mr .ns >.Q o o 13 m c•c� 0 v) a 0 C cIT) 0 TS = cd c-0-aOO.-a �'cmam--Laao_c -c- 003co > to m yti c, c c N o6 L CII CO [� « a >c c >06 n_ L > v 0 0°43 L 0 0 ch f � C,, 00> 0-C C cu) ami to a) c e 0 ta s - p m -cts 'C3 F.? Iza C OyO-o — 4' i2 �. Q. 2 n' - a- N-5 U e6 .5 a c .'eTh- c a_ Work Description / Comments A co a•' o ��it 00� L w 7-2 is co- El 0 'a m U i3 CO c¢ C3. ¢) 0) a 0 Q> c Q U Q. ( aZj m '05 t0 - N Q T.) -- C > U L N L c L a '! CCi > 03 E a Q C -0N > Ul E > 0 NAL oo -a 0 0 >= o aL 6 3 N 4+ •C O �. ,. U acs c qF a L .mac = o -p L co co os > c vc,Q ca C O ;co _8 8_� o E .0ort � o > L— > > • 0 c6 m L N 08 C cQ > cis > cu U t_ �N CII CO c$ Ai c2S 0-� OcT'�) U'a > C 05 TL fo-0 c c- 0 L 73 a) 0 C).. 0 Q coc O 0 c Qo 00oQ13oa)�o'�o -a o) a 03aQ = 0 m�Q cu -aC=,Cs0 -aaLa -a V srd'a 0) ; otf o 0'5 `� Q E `4 o c N o o V-- -0 al .. �d c 4_ s= �' N .�. N .c a m •` N m-0 N'a�FTs �� o c c_ to Ls.i [2 L.L. >of-0cc6 in > O > E- � 8 o• o moc > to = O) 4 = > E. > 0- CD •_ -c a L t9t i Q OO fii N C 3 o -C L E li •C- --`•- E -U43 Q >( oa oi NR m� y 0 � ��.w 0 0` o> Q L L> • Q et ti ©-0� o -o > > a s to > a Trade: Paint & Finish Doors 2 coats EXTERIOR SIDE OF NEW GARAGE DOOR, JAMBS AND TRIM. O LU N A Trade: HVAC Service furnace Service furnace w Ll) 0 U w U a z cc LL. Q w z (Qn V w re U w to 4 Round Rock, TX 2003 Magnolia Drive Tuesday, May 19„ 2009 0 9 c w • A Trade: HVAC 0 is 0_ Q. 0 a 0 0 N 1- 0 w a EL ca 5 0 C w > J 0 0C J 0 Z o 73 o0 z U a o C E 2 O us U • >. 0 C O 0 co 0 < -F- Q c 2 wD 0 0 0 E 1— U -0 'Ci C U Q C c Q ifi O o 0 ca Z U1 L t L � U} '<a 'ca .ar w O - CQ 00 O 0 Ed zj FINAL SIZING WILL BE DETERMINED BY MANUAL J 8 0 w Trade: Demolition rr Central air conditioning system J J z LII U U .= � c rN. c4 z o -0 O l— c o E= U U❑ L0 c [I.. a co L Q w Z Q (�< rY ❑ dU J z O w Uf rn- QCQ w w co J, Central air conditioning system 0 t6 0) 0. c LLI E 0 `r o 73 J 0) -Q 4 Q 4 � 0 _cc YE C E c E aU 0) Q. E� Trade: Plumbing 0) E 'S Q 0) 1-- 0 c — 0 E� 0 .0 m C _c .0 'o E a. m L 0 O 0 _ co 'U L o Q w z J Lr 17. {t) Li 0 O Li O Lr !3J CO 0. xs Q a_ 0. 4,75 0 I 0. X m x w a T� -0 < E 11.1 = Z 0. -1 Q CO F- 0 h 0-4 Round Rock , TX 2003 Magnolia Drive O cis O O O LS LL •— z7 �;.0 o .. 4 0.Q • c o f o3EZ 0 W F 0 11.1 to 0- 0 —• m30 mw o 0 _ t6 0 E -n �: O EE X_i OQ O O V 1- 0 .— W- c O m42� —• 2 0� t/) C_0 -W c4 ca Vi a) W __j Q. ca c0 Q Ca al as co '5 " m co —CaW O L -J .0 0 m C X — c • a) -1t 00 • 0 0, 0 Q di> O 0 m (] al co 13 O m O .0 +�+ C6 X m ii1 0 ca 0 O 715 _oma (0 •__. 0 o co to 1• — . oO C ui -0 0 0 ♦—� O v/ 0 CU U 75 y - Q) r d) m -�J C) 'O 'O 0 (12 1'-' 0 1– 1– .0 > 0 I... Trade: Plumbing 0 -0 C6 Q) 0) c 0 m 0 ca CL . Trade: Plumbing N -0 a) c_) as -- a• O t 0 m a, to cis c (.3 c 0 co a 0,-0 c m -0 -0 (0 L O � cV O • '= w CD tR 0 O t6 t!j CU 0 Z Lt. 0 0 -0 c c ca 0) cu m L Q) tLf � 0 W- O c6 cB INCLUDE DRAIN LINE. Round Rock, TX 2005 Magnolia Drive Tuesday, May 19, 2009 Farm 529 (Rev. November 2005) Department of the Treasury Internal Revenue Service Request for Taxpayer identification Number and Certification Give form to The requester. Do not send to the IRS. Name (as shown on your income tax return) 03m Business name, if different from above All -Tex Building & Restoration Inc IndividuaV Check appropriate box Sole proprietor Corporation ❑ Partnershlp j] Other t' Address (number, street, and apt. or suite no.) PO Box 1988 City, state, and ZIP code Conroe Texas 77305 ri Exempt from backup withholding Requester's name and address (optional) list account number(s) hare (optional) ' Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EiN). If you do not have a number, see Flow to get a T7N on page 3. Note. if the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number 1 1 414.1 1 1 Certification or Employer identification number 210+1161613101110 Under penalties of perjury, 1 certify that: 1. The number shown on this fonn is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) 1 am exempt from backup withholding, or (b) 1 have not been notified by the Internal Revenue Service (IRS) that 1 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 1 am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). 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 retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (1RA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of Here U.S. person Date I> ( /5/V Purpose of Form A person who is required to file an information return with the iRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered are: o An individual who is a citizen or resident of the United States, e A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or o Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a. trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United is in the following cases: owner of a disregarded entity and not the entity, Form W-9 (Rev. 11-2005) Form W-9 (Rev. 11-2045) Page 2 e The U.S. grantor or other owner of a grantor trust and not the trust, and e The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. if you are a foreign person, do not use Fomi W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes. a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. if you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments (after December 31, 2002). This is called "backup withholding." Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding 1. You do not furnish your TIN to the requester, 2. You do not certify your TiN when required (see the Part 11 instructions on page 4 for details), 3. The IRS telis the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5, You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules regarding partnerships on page 1. Penalties Failure to famish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). if you are a single -member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. Check the appropriate box for your filing status (sole proprietor, corporation, etc.), then check the box for "Other" and enter "LLC" in the space provided. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exempt From Backup Withholding If you are exempt, enter your name as described above and check the appropriate box for your status, then check the "Exempt from backup withholding" box In the line following the business name, sign and date the form. Form W-9 (Rev. 11-2005) Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Exempt payees. Backup withholding is not required on any payments made to the following payees: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 4010)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above, 1 through 15. IF the payment is for... THEN the payment is exempt for... interest and dividend payments M exempt recipients except for 9 Broker transactions Exempt recipients 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions and patronage dividends Exempt recipients 1 through 5 Payments over $600 required to be reported and direct sales over $5.000 Generally, exempt recipients 1 through 7 See Form 1099-MISC, Miscellaneous Income, end its Instructions. aIIowever, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(i), even if the attorney is a corporation) and reportable on Form 1099-MtSC are not exempt from backup withholding: medical and health care payments, attorneys' fees; and payments for services paid by a federal executive agency. Page 3 Part L Taxpayer identification Number (TIN) Enter your TIN in the appropriate box. if you are a resident alien and you do not have and are not eligible to get an SSN, your 11N is your IRS individual taxpayer identification number TIN). Enter it in the social security number box. if you do not have an MN, see How to get a TIN below. If you are a sole proprietor and you have an E(N, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -owner LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter your SSN (or EIN, if you have one). If the LLC is a corporation, partnership, etc., enter the entity's ELM. Note. See the chart on page 4 for further clarification of name and TiN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.socialsecurify.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS individual Taxpayer Identification Number, to apply for an 1T1N, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer ID Numbers under Related Topics. You can get Forms W-7 and SS -4 from the IRS by visiting www.irs.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write 'Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Writing "Applied Far" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Form W-9 (Rev. 11-2005) Page 4 Part IL Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose T1N is shown in Part ! should sign (when required). Exempt recipients, see Exempt From Backup Withholding on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TiN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your con-ect TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or IMSA contributions or distributions, and pension distributions. You must give your correct 11N, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account Give name end SSN of: 1. individual 2. Two or more individuals (lolnt account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a.The usual revocable savings trust (grantor is also trustee) b. So-called trust account that Is not a legal or valid trust under state law 5. Sole proprietorship or single -owner LLC The individual The actual owner of the account or, if combined funds, the first individual on the account 1 The minor 2 The grantor -trustee 1 The actual owner 1 The owner' For this type of account: Give name and EIN of: 6. Sole proprietorship or single -owner LLC 7. A valid trust, estate, or pension trust 8. Corporate or LLC electing corporate status on Form 8832 9. Association, club, religious, charitable, educational, or other tax-exempt organization 10. Partnership or multi -member LLC 11. A broker or registered nominee 12. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The owner' Legal entity 4 The corporation The organization The partnership The broker or nominee The public entity 'List first end circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. Circle the minor's name and furnish the minor's SSN. 'You must show your individual name and you may also enter your business or' DBA" name on the second name line. You may use either your SSN or EIN (if you have one). If you are a sale proprietor, IRS encourages you to use your SSN. 'List first and circle the name of the legal trust, estate, or pension trust (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title) Also see Special rules regarding partnerships on page 1. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax retum. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TiN to a payer. Certain penalties may also apply. EXHIBIT "C" INCOME LIMITS MAXIMUM INCOME CHART Household Size Maximum Income (80% of the Area Median) 1 person $41,050 2 persons $46,900 3 persons $52,800 4 persons $58,650 5 persons $63,350 6 persons $68,050 7 persons $72,750 8 persons $77,400 Source: U.S. Department of Housing & Urban Development. These income figures are subject to change annually. Effective March 10, 2009 8 No Text 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 2,64A day of, 20IQ, between the CITY OF ROUND ROCK, Texas, 221 East Main Street, Round Rocas 78664 ("CITY"), and ALL TEX BUILDING & RESTORATION, INC., P. O. Box 1988, Conroe, Texas 77305 ("CONTRACTOR"). RECITALS WHEREAS, CITY has been awarded grant funds which may be spent by CITY for the provision of certain services authorized under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, CITY wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation; and WHEREAS, CITY will pay CONTRACTOR for labor, materials and equipment to be utilized in the rehabilitation of LOT 77, SOUTHERN TERRACE ADDITION, REVISED, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet B, Slide 90, Plat Records, Williamson County, Texas, also known as 2003 MAGNOLIA DRIVE, Round Rock, Texas 78664 (the "Property"), 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, CITY and CONTRACTOR agree as follows: ARTICLE 1 GENERAL REQUIREMENTS 1.1 CITY will pay CONTRACTOR $9,640.00 ("Contract Amount"). Funds will not be used to pay the homeowner or members of its family. 1.2 Payment will be made by CITY for all work described in the Work -Write Up 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 2009 Community Housing Repair and Rehabilitation Program Policies and Procedures. 183887.doc/jmr IG -C2- 053 1.3 CONTRACTOR will not deviate from the work described in the Work -Write Up Bid Document 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 $12,050. 1.5 All work specified in the Work -Write Up Bid Document will be satisfactorily completed within ninety (90) days from the date of the Notice to Proceed. 1.6 Work -Write Up Bid Document line item deletions: None 1.7 CONTRACTOR will assign to the CITY all mechanic's lien notes and mechanic's lien contracts on the Property held by CONTRACTOR. 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 Work -Write Up Bid Document, 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 Work -Write Up Bid Document with the exception of line items deleted under Section 1.6 must be completed before any funds will be paid out. 2.4 CONTRACTOR understands that the job will be inspected by a CITY Inspector and Construction Advisor before any funds will be paid out. 2.5 CITY will provide a Notice to Proceed to CONTRACTOR to commence work. CONTRACTOR agrees to start work within thirty (30) calendar days after receipt of the Notice to Proceed. If CONTRACTOR fails to commence work within thirty (30) days from the date on the Notice to Proceed, CITY will have the right to terminate this Agreement, by providing a written notice of termination to CONTRACTOR. 2 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 CONTRACTORS performance and to adhere to applicable local codes and requirements whether or not covered by the Work -Write Up Bid Document, 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 CONTRACTOR'S Work - Write Up Bid Document, attached hereto and incorporated herein as Exhibit "A" and that such Bid is accurate and consistent as to the name of CONTRACTOR, scope of work that the CONTRACTOR will under -take, and price. CONTRACTOR acknowledges the performance requirement established in the write up and warrants that all work undertaken will conform to said specifications. 3.5 REMOVAL OF DEBRIS. Upon completion of work CONTRACTOR agrees to remove all construction debris and surplus material from the Property and leave the Property in a neat and clean condition. 3 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 or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement, any advantage against CITY or any person interested in this Agreement; and the price or prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of CONTRACTOR or any of its agents, representatives, owners, employees, or parties in interest. 3.8 INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of CITY, or its designees or agents, no member of the City Council, and no other public official of CITY during his/her tenure or for one (1) year thereafter, will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 3.9 PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement will not be used in payment of any bonus or commission for the purpose of obtaining CITY approval of the application for such assistance. 3.10 STATUTE OF LIMITATIONS. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 3.11 INDEMNIFICATION. CONTRACTOR will defend, indemnify, and hold CITY, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of CONTRACTOR, or CONTRACTOR's agents, employees or subcontractors, in the performance of CONTRACTOR's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein will be deemed to limit the rights of CITY or CONTRACTOR (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 4 3.12 CHANGE ORDERS. CONTRACTOR expressly agrees that no material changes or alterations in the Work -Write Up Bid Document or price provided above will be made unless in writing, mutually agreed by the homeowner, 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, 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 5 demand of reimbursement of grant funds from HUD or its successor, CITY may terminate this Agreement immediately, and may recover from CONTRACTOR the amount sought by HUD for reimbursement, up to the full amount of funds CONTRACTOR received from CITY. 4.2 CONTRACTOR will not be relieved of the liability to CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR. CITY may withhold payment to CONTRACTOR until the amount of monetary damages due CITY from CONTRACTOR is determined. 4.3 If CITY becomes aware of any CONTRACTOR activity which could jeopardize CITY's position with HUD and cause CITY to return CDBG funds or other federal funds received by CITY, CITY may take appropriate action, including injunctive relief against CONTRACTOR, to terminate or prevent the activity. Failure of CITY to exercise this right will not constitute a waiver by CITY of its right to demand payment or to seek any other relief in law or in equity to which it may be entitled. ARTICLE 5 PAYMENTS 5.1 For work completed by CONTRACTOR, as described in the Work -Write Up Bid Document, 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 SUCCESSORS AND ASSIGNS 8.1 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 6 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 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 arguments 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) Work -Write Up Bid Document (Exhibit "A"); (2) W9 Form (Exhibit "B"). ARTICLE 10 ACKNOWLEDGMENT 10.1 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. This Agreement is effective as of the date first written above. CONTRACTOR: ALL TEX BUILDING & RESTORATION, INC. Name i)re e; Title 7 CITY: CITY OF ROUND ROCK es R. Nuse, P.E., Manager Contractor Signature This document must be signed to be a valid bid. Bid Due Date: PROJECT TYPE: Rehabilitation V • Work Description / Conunen 8 9 Blown fiberglass attic insulation. Blown fiberglass attic insulation R19 (81 deep) 0 t v P. O o 0 Ta C-7) o` c 0 N C It y r T . N C -3 1 3 UT o E • 0 (o N C k L N O 0 rj n o •Q 0 E m0) m 0) 0 U t� O U LB cijE0 di 0 0 4)II 03 0 -3 3 0 Z. C Q) .f2 � o al cc O 0- -0 L c Q Q 7:2. LL' U c Q L 0 PS » Z Pt U U p O6 Q ed 06 0 .0 sa £ 2 E E c) (c E 0 as •L {_ 0 o o -0 Z Ca 'Ft L . N O O N CO (1) L L L CO sy-( X t) x C•4 W W ILI L j I EXHIBIT Round Rock , TX 2003 Magnolia Drive Tuesday, May 19, 2009 inwessor : u � § : k$ ..,:1 13: kE- �2k �ag=«2 0co■2 2�co5&E �� m k as c /5�C _ -_ o m 2 E _ • c = 2 E R ctl C 0 k Co 0 t/.0 O 2 c o c >, e o © o 0 o v -c § a=sao.0� § 77��\2% ct 2 (7el 4r 1 co 8 / k ��-\}a) %a.>[■2e o0-cc%m E 2 - @ coe■oa>oXCO c«�3�� ©_ccm. Lill a ■ 7 3 _ k k $ � ® o f000E « m o m— »-D—E\L§ 2§k/ao� /1-�o��± _\k��k2 0 0 2= m c 7222ƒJ2 o- �k�2-c 2/4-%~�� a) 1): — me O) 0 E al 0)co 421) >. R 0 0 0 2 �0k�k\co = R $ k 2. R fCD ƒƒk§ § g o > o c �k3kCO0kkk &§0k2k00 co 2 To as .0 .c 0 eao0-J % 2 2 b cm § • E c 2 n §c J�-0 ƒ2722%%7#-@c@ J o=rbi Work Description / Comments 5' Round Rock , TX 2003 Magnolia Drive • 9 Work Description / Comments 1 (1) O 0) Dade: Paint & Finish "Ce Paint garage door c�,?Cez°{�L 0) 0 0 c.c-- c c as p al .yist ;4 O- 7. 0 (L6 >�.� � w 0 � •c Zs • .0 N>O - Zc 0 c E O 06 = 'E c "" 0 as ca > -c� E cn p ca m .c 0 - - c-- a) Coif (p > .m > Lt E E c '� c L ca C -c as — 0 4- O-- a O. - y> p Lp > Lt N -8 --5 ,?,-.g L 05 n' O cg b 0)65 73 Q . O - o p L 0,0060_0c-.._ Li p p �� O a> 0 7 c� c_+m� Q 0- 1 F '''E. .. 0 ` . m 32 O a)E cc > cj :0 0av= cB p v Q 2 (7)4>se0-=pCno:- Cto �' en- 0 i a0 =c aCsa = cd y)C CD m0- pO�, p CL C LQ m 0__ oo -a.6 O a oC.c Lv-Q oO �p 7) c 8 0_ c U -a p. 2 m _a U m >OC › _c _c 0-c 0St'°d m �°)am�ct=oLL s.. 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Round Rock, TX 2003 Magnolia Drive Tuesday, May 79, 2009 w Trade: HVAC L Q. 0 0 0 0 0 4- 0 0. y 0 .Fa 0 c 0 01 a) replace, 4 ton E 0 E. w N N co 0) rn c c c c 0 0 c c o L L L '5 i as 4) 0 0 w O O 0 FINAL SIZING WILL BE DETERMINED BY MANUAL J 1-: z w a_ 5 0 J J z /0 0 Z 0 1- 0 z 0 Uz w Q0 UU 0 Z w 0 CT) 0 wQ a3 Z J J ¢ U' w U) 0 -► (. O as cn as Fr c Y ca 433 N w 0 J 0 Trade: Demolition 0 J J o .' (0 o e 0g D 0 c/5 Ci.) atf Z Z c c O~ c 0 00L LI 0c 0g' 0 U? N c Q co gcn = L J� T., E w0 00 zQ >. 0 0¢ 0 03 Q:0 0) C wJ 0 L1. J (0cn ¢ 0 = ¢w c " 0 i¢ 0 ,_ 0w as .a w c-' U a3 0 IX w¢ r,. L? U 0 co D cJ .0 tD m -15 0) E 0. c w E 0 2 D c 0 J rn r .0 4 � CD 0) t c 0 7.0 - RE Q) E a) c N s E 0U 0 E c a E m 0) Trade: Plumbing 115 E Q. )-- 40 o 0 Q c C c :E E N _C 0 fa o cr U plastic supply & plastic DWV E E 0. t) Round Rock, TX 2003 Magnolia Drive L ao 0 o c m U --a0 -scl;aILI (05 ca(0 C o E Z aQ,�1- 0) - 0. co 00 o a_ a�u,00 0- a) Easo_t .}ax U < Oa%-cf U a U W-C F,.. dg - 0 ; r O O .mow mG - - '.LI) ) D tII20� . 7:3 0 Ill Lei 6 0 0 Q N 0 CO .^�.. 0 O s. -J .0 0 0 0173. a) `a 0 Ca • al O N C 0 0 .Q as 6ca o 03 O C.7-1 O 0 O -0 rn- tri- o 3 O O C LLI C Qf!) 0 O Q§ —ti) 0 re til »-' +� to 0 �a -a 0 te- 1- a� 1— t— s0 > 0 Trade: Plumbing Toilet remove for work, then reinstall Trade: Plumbing 0) 0 L c 0 o O a)c 0 c 0 0 O Ca 01 O 0. O '0Q 0 a) ea > 0_ ua a) c c S- L eu 0) 15 .U1) Q) eet O s C .0 CIS tri a N a vim to 0 0 •=-.• INCLUDE DRAIN LINE. L, h Round Rock, TX 2003 Magnolia Drive Tuesday, May 19, 2009 Farm W -9 (Rev. November 2005) Department of the Treasury Internal Revenue Service a) w m at 0. 0 4 >a to Qc 0 U a 2 iTA8 U a 00 m ea Request for Taxpayer Identification Number and Certification Give form to The requester. Do not send to the IRS. Name (as shown on your income tax return) Business name, if different from above All Tex Building & Restoration Inc I-1 IndividuaV Corporation ❑ Partnership ❑ ocher ► Check appropriate box Sole proprietor Address (number, street, and apL or suite no.) PO Box 1988 City, state, and ZiP code Conroe Texas 77305 Exempt from backup withholding Requester's name and address (optional) list account number(s) here (optional) Part 1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. Far other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a 77N on page 3. Note. if the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number 11 11-I11 Part II Certification or Employer identification number 210.1-1161613101110 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me), and 2. I 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. I am a U.S. person (including a U.S. resident alien). 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, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct T1N. (See the instructions on page 4.) 1 r Sign Here Signature U.S. person ► �� Date. ( /5 V 5 Purpose of Form A person who is required to file an information return with the iRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered are: • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or o Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner Is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United is in the following cases: owner of a disregarded entity and not the entity, Form W-9 (Rev. 11-2005) Forth W-9 (Rev. 11-2005) Page 2 • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust Foreign person. if you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes, a resident alien of the United States. A Chinese student who qualities for this exception (under paragraph 2 of the first protocol) and is relying an this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments (after December 31, 2002). This is called "backup withholding." Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends an your tax retum. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 instructions on page 4 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The iRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate instructions for the Requester of Form W-9. Also see Special rules regarding partnerships on page 1. Penalties Failure to furnish 11N. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, If you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new Inst name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). If you are a single -member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. Check the appropriate box for your filing status (sole proprietor, corporation, etc.), then check the box for "Other" and enter "LLC" in the space provided. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exempt From Backup Withholding If you are exempt, enter your name as described above and check the appropriate box for your status, then check the "Exempt from backup withholding" box In the line following the business name, sign and date the farm. Form W-9 [Rev. 11-2005) Generally, individuals (including sole proprietors) are not exempt from backup withholding, Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Exempt payees. Backup withholding is not required on any payments made to the following payees: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above, 1 through 15. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt recipients except for 9 Broker transactions Exempt recipients 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions and patronage dividends Exempt recipients 1 through 5 Payments over $600 required to be reported and direct sales over $5,000 1 Generally, exempt recipients 1 through 7' See Farm 1099-MISC, Miscellaneous Income, and its Instructions. 21-lowever, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(i), even If the attorney Is a corporation) and reportable an Form 1099-MiSC are not exempt from backup withholding: medical and health care payments, attorneys' fees; and payments for services paid by a federal executive agency. Page 3 Part 1. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number IT1N). Enter it in the social security number box. If you do not have an ITiN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -owner LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter your SSN (or E!N, if you have one). If the LLC is a corporation, partnership, etc., enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.socialsecurity.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS individual Taxpayer Identification Number, to apply for an IT1N, or Form SS -4, Application for Employer Identification Number, to apply for an EiN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer ID Numbers under Related Topics. You can get Forms W-7 and SS -4 from the IRS by visiting www.irs.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write 'Applied For" in the space for the TiN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Writing "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Farm W-8. Form W-9 (Rev. 11-2005) Page 4 Part IL Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose 11N is shown in Part 1 should sign (when required). Exempt recipients, see Exempt From Backup Withholding on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TiN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TiN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been noted that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bilis for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account Give name and SSN of: 1. Individual 2. Two or more Individuals Golnt account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a.The usual revocable savings trust (grantor is also trustee) b. So-called trust account that Is not a legal or valid trust under state law 5. Sole proprietorship or single -owner LLC The individual The actual owner of the account or, if combined funds, the first individual ori the account 1 The minor 2 The grantor -trustee 1 The actual owner 1 The owner' For this type of account: Give name and SIN of: B. Sole proprietorship or single -owner LLC 7. A valid trust, estate, or pension trust 8. Corporate or LLC electing corporate status on Form 8832 9. Association, club, religious, charitable, educational, or other tax-exempt organization 10. Partnership or multi -member LLC 11. A broker or registered nominee 12. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The owner 3 Legal entity The corporation The organization The partnership The broker or nominee The public entity 'List first and circle the name of the person whose number you furnish. If only one person on a Joint account has an SSN, that person's number must be furnished. Circle the minor's name and furnish the minor's SSN, You must show your individual name and you may also enter your business or "DBA" name on the second name line. You may use either your SSN or BN (if you have one). If you are a sole proprietor, IRS encourages you to use your SSN. `List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TiN of the personal representative or trustee unless the legal entity Itself Is not designated in the account title.) Also see Special rules regarding partnerships an page 1. Note. If no name Is circled when more than one name is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for Identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. DATE: February 22, 2010 SUBJECT: City Manager Staff Meeting - February 26, 2010 ITEM: Consider executing CDBG Community Housing Repair and Rehabilitation Program Contractor Agreement for 2003 Magnolia Drive. Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Elizabeth Alvarado, Community Development Coordinator Justification: This property requires upgrades and repairs to bring it up to minimum code standards. The Contractor will be paid directly by the City of Round Rock from CDBG-R HUD Entitlement Funds. The major work to be done on this property includes weatherization, plumbing, electrical, and exterior improvements. Strategic Plan Relevance: N/A Funding: Cost: $9,640.00 Source of funds: CDBG-R 2009 Funds Outside Resources (if applicable): N/A Public Comment (if applicable): N/A UPDATED APRIL 2008 10 19 09 Request for City Council/City Manager Action E City Council ECIO City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Planning and Community Development Contact Person: Veronica Chandler / Vickie Moreno Project Mgr/Resource: Elizabeth Alvarado Project Coordinator: Jim Stendebach Assigned Attorney: Steve Sheets City Council or City Manager Approval Date: Agenda Wording For ,c .i .is:r:riot Jse ONLY Received: �� %�% Tag#:�/{^V �-°°4- 53 Original Documents Received: J j Project Name: CDBG Repair Agreement for 2003 Magnolia Dr. ContractorNendor: All Tex Building & Restoration, Inc. Funding Source: CDBG HUD Entitlement Grants Additional funding Source: Amount: $9,640.00 Account Number: N/A City Manager - February 26, 2010 Consider executing CDBG Community Housing Repair and Rehabilitation Program Contractor Agreement for 2003 Magnolia Drive. Finance Information Is Funding Required? Initial Construction Contract Construction Contract Amendment Change Order =Change in Quantity Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Yes 0. No =Unforeseen Circumstances Other (Please clearly identify action below) CDBG-R 2009 Funds Amount $9,640.00 Required for Submission of ALL Project Mgr. Signature: Dept. Director Signature: *City Attorney Signatu City Manager Signature: Council an CityManagerItems Date: Date Date: Date: *City Attorney signature is required for all items. REVISED 2/24/2010 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Planning Project Name: CDBG Repair Agreements for 2003 Magnolia Dr. Project Mgr/Resource: Jim Stendebach/Elizabeth Alvarado Contractor/Vendor: All Tex Building & Restoration, Inc. ElCouncil Action: ORDINANCE Agenda Wording n RESOLUTION City Manager Approval CMA Wording Consider executing CDBG Community Housing Repair and Rehabilitation Program Contractor Agreement for 2003 Magnolia Drive. Attorney Approval Attorney Notes/Comments Datec9 ( b O:\wd ox\SCCInts\0179\1002\M I SC\00184320.XLS Updated 6/3/08