CM-12-05-092ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY
Item Caption:
(M-l1/o5-61z. RECEIVED
MAN is 2011
City Manager Approval Form
Consider executing First Amendment to the CDBG Home Repair Contract with Homeowner
Approval Date: May 18, 2012
Department Name: Finance Department
Project Manager:
Elizabeth Alvarado
Assigned Attorney:
Jason Rammel
Item Summary:
The Home Repair Program assists low-income homeowners with substantial repairs such as roofing, plumbing and electrical
work. The program provides grants of up to $25,000 in order to improve home safety and bring substandard properties into code
compliance. The program does not address cosmetic improvements.
Consider the execution of a First Amendment to the Community Development Block Grant Home Repair Program Homeowner
Agreement for 1506 Lantern Light Drive that was originally approved on April 17, 2012 in the amount of $5,969.25. The
contractor that was selected to do the repairs at this home decided to withdraw his bid after the contract was executed. The
amendment to the agreement is to reflect the price for the work that will be performed by the next lowest bidder instead of the
original contractor in the amount of $8,600.
The contractor will be paid directly from CDBG funds. Work to be done at this property includes replacement of roof, water
heater, and plumbing and electrical upgrades.
No. of Originals Submitted: 4
Project Name: Single Family Rehab -Home Repair Program
Cost: $8,600.00
Source of Funds: CDBG HUD Entitlement Grants
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date: 5/16/12
Department Director Approval: Cheryl Delaney Date: 5/16/12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP n n Budget I S I ❑ Purchasing n Accounting
N/A OK N/A OK N/A OK
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ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
FIRST AMENDMENT TO
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) -
COMMUNITY HOUSING REPAIR AND REHABILITATION
HOMEOWNER AGREEMENT
This First Amendment to Community Development Block Grant (CDBG) Community
Housing Repair and Rehabilitation Homeowner Agreement ("Amendment") is made this
day of—, 20L2, between the CITY OF ROUND ROCK, Texas, 221 East Main Street,
Round Rock, Texas 78664 ("CITY"), Paul Garcia whose address is 1506 Lantern Light Drive,
Round Rock, Texas, 78664 ("HOMEOWNER", whether one or more).
RECITALS
WHEREAS, HOMEOWNER and CITY previously entered into that Community
Development Block Grant (CDBG) Community Housing Repair and Rehabilitation Homeowner
Agreement dated April 17, 2012 (the "Agreement"); and
WHEREAS, the contractor originally selected to perform the work contemplated in the
Agreement has refused to perform such work; and
WHEREAS, HOMEOWNER and CITY desire to amend the Agreement to reflect the price
for the work that will be performed by the next lowest bidder instead of the original contractor;
Now therefore, for and in consideration of the mutual promises and covenants set forth herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the CITY and HOMEOWNER agree as follows:
ARTICLE I
1.1 Section 1.1 of the Agreement is amended to read as follows:
1.1 CITY will pay a contractor ("Contractor"), by separate agreement, $8,600.00,
("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 Exhibit "A" of the Agreement is hereby replaced with the Work Write -Up Bid Document
attached hereto as Exhibit "A."
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1.3 Exhibit "B" of the Agreement is hereby replaced with Community Development Block
Grant (CDBG) Community Housing Repair and Rehabilitation Program Contractor agreement
attached hereto as Exhibit "B."
ARTICLE II
2.1 To the extent necessary to effect the terms and provisions of this Amendment, the
Agreement is hereby amended and modified. In all other respects, the Agreement is hereby
ratified and confirmed.
2.2 This Amendment may be executed in counterparts, each of which shall be an original and
all of which together shall constitute but one and the same instrument.
This Amendment is effective as of the date first written above.
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Contractor Name
1506 Latern Light Drive
Contractor Signature
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ENTIRE ROOF REPLACEMENT Remove roof
shingles. Remove existing tar paper or roofing
felt. Replace with 15 pound tar paper and roof
shingles with like shingle and color providing
,20 year warranty. Remove and replace
molding around roof.
Repair and replace chimney siding and trim
with hardi type, caulk and seal. Paint to match,
two coats. Structural repair may be required.
Change order will be issued for structural
repair
Replace water heater and install with pan and
pan drain.
Repair existing fence panels as needed along
property line rear and two sides. Secure front
fence as so not tied to tree.
IRPolace kitchen aarbaoe disposal.
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HIBIT
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 Mario L.
Carlin Management, LLC, P.O. Box 6087, Round Rock, Texas 78683 ("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 the property located at 1506 Lantern Light 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 $8,600.00 ("Contract Amount"). Funds will not be used to
pay the homeowner or members of its family.
1.2 CITY will pay CONTRACTOR for work in accordance with CITY'S Prompt Payment
Policy for all work described in the Work -Write Up Bid Document only after all of such
work is found to be satisfactorily completed and inspected by the CITY or its designee.
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 shall be an
amendment to this Agreement. The total amount of any and all change orders shall not
exceed twenty-five (25) percent of the original Contract Amount.
1.4 All work specified in the Work -Write Up Bid Document will be satisfactorily completed
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within ninety (90) days from the date of the Notice to Proceed.
1.5 CONTRACTOR will assign to the CITY all mechanic's lien notes and mechanic's lien
contracts on the Property held by CONTRACTOR.
1.6 Work -Write Up Bid Document line item deletions: None
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 and agrees 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 and agrees 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 and agrees that the job will be inspected by the CITY or its
designee before any funds will be paid out.
2.5 CITY will provide a Notice to Proceed to CONTRACTOR to commence work.
CONTRACTOR agrees to start work within thirty (30) calendar days after receipt of the
Notice to Proceed. If CONTRACTOR fails to commence work within thirty (30) days
from the date on the Notice to Proceed, CITY will have the right to terminate this
Agreement, by providing a written notice of termination to CONTRACTOR.
2.6 CONTRACTOR agrees to complete the work within ninety (90) days from the date of the
Notice to Proceed. If completion is delayed for reasons beyond the CONTRACTOR's
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.
2.8 During the term of this Agreement, CONTRACTOR shall not enter into a contract with the
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owner of the Property or act upon the request of the owner of the Property to perform any
work other than that work described in the Work Write -Up Bid Document or in a change
order from the. CITY.
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 homeomer 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.
3.6 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
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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.
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.
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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 fled 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
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.
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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
mechanic's lien notes to the CITY pursuant to Paragraph 1.7, neither CITY nor
CONTRACTOR will assign, sublet, or transfer any interest in this Agreement without the
written consent of the other.
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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").
This Agreement is effective as of the date first written above.
CITY:
By:
Printed Name:
Title:
Date:
CONTRACTOR:
MARIO L. CARLIN MANAGEMENT, LLC
By:
Printed Name:
Title:
Date:
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Repair existing fence panels as needed along
property line rear and two sides.. Secure front
fence as so not tied to tree.
Replace water heater and install with pan and
Ran drain.
Repair and replace chimney siring and trim
with hardi-type, caulk and seaL Paint to match,
two coats Structural repair may be required.
Change order will be issued for structural
rela3ir.
ENTIRE ROOF REPLACEMENT Remove roof
shingles. Remove existing tar paper or roofing
felt Replace with 15 pound tar paper and roof
shingles with like shingle and color providing
20 year warranty. Remove and replace
molding around roof.
DESCRIPTION
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SUBSTITUTE W-9 FORM
CITY OF ROUND ROCK, TEXAS
221 EAST MAIN STREET, ROUND ROCK, TEXAS 78664
Pursuant to Internal Revenue Service Regulations, we ask that you furnish the City of Round Rock with your Taxpayer
Number (TIN). If this number is not provided, IRS regulations require us to subject you to a 20% withholding on each
payntent. To avoid this withholding and to ensure that accurate tax information is reported to the Internal Revenue Service, we
would appreciate your cooperation in providing us with the information requested below. Please contact the City of Round
Rock Purchasing Division at (512) 218-7069 if you have any questions or problems with this request. Thank you for your
assistance in this matter.
BUSINESS ENTITY: (please check only one):
Individual Partnership Sole Proprietorship
Estate/Thist Corporation Public Service Corporation
Other Governmental /Non-profit
Individual: List name as shown on your social security card and your social security number. (Also Partnerships)
Sole Proprietorship: List owner's legal name, followed by the legal business name and list the owner's social security
number.
All Others: List the legal name of your corporation, partnership, organization, or other legal entity and list your Employer
Identification Number.
LEGAL BUSINESS NAME;
Remit To Address:
Email address:
ENTER YOUR NINE (9) DIGIT TAXPAYER IDENTIFICATION (TIN) BELOW:
Social Security Number:
Federal Employer Identification Number: ^ -
UNDER PENALTIES OF PERJURY, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, I DECLARE THAT
THIS FORM HAS BEEN COMPLETED FULLY AND ACCURATELY.
NAME (PRINT OR TYPE)
SIGNATURE:
PHONE #:
TITLE (PRINT OR TYPE)
DATE:
FAX #:
T1{IS AREA TO BE FILLED IN BY CITY OP ROUND ROCK FINANCE DEPAR'T'MENT
ASSIGNED VENDOR #:
ASSIGNED BY:
Revised 09/12/06 * ub. W9 FORM
EXHIBIT
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