HomeMy WebLinkAbout130-05 RESOLUTION• •
RESOLUTION NO. 130-05
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF
$24,998.00 WITFI MIKE CASTNER D/B/A TIMBERWORKS FOR
REHABILITATION OF A CDBG ELIGIBLE RESIDENCE; AND
APPROVING A CONTINGENCY IN THE AMOUNT OF $1,000.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves a contract in the amount of $24,998.00 with Mike Castner d/b/a Timberworks
for rehabilitation of a CDBG eligible residence.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves a contingency in the amount of $1,000.00.
PASSED and APPROVED this 5's day of July 2005.
ATTEST:
By:
SO
�.•�`cRYJ ...14 %%%
_ • ,.•.
z.:71-- �. .0 Y OF ••GAF"
• ?�
=U• •-
_FAYETTEVILLE' is
etettAid70 C;00%‘‘
%%
DRA SMITH, City Clerk
APPROV
By:
DAN COODY, Mayor
yt
• •
City of Fayetteville
FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
REHABILITATION CONTRACT
THIS CONTRACT, executed this / 3 day of .1505. ,
BETWEEN
Eshrat & Sima Noorbakhsh
3125 Cherokee
Fayetteville AR 72701
Hereinafter referred to as the "Owner" whom resides at the stated property, and
Mike Castneraimberworks
1056 Madison 2230
Huntsville, AR 72740
hereinafter referred to as the "Contractor" whom warrants themselves to be licensed and qualified
to perform the work specified herein, and
APPROVED BY the City of Fayetteville, hereinafter referred to as the "City,"
IN CONSIDERATION OF TIIEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS:
1. EFFECTIVE DATE: This document shall have no force or effect unless and until
executed by the Owner and Contractor, approved by City of Fayetteville. A properly
executed and approved copy shall be mailed to the Contractor at the address shown
above. The date on which the copy is mailed shall be referred to as the "Effective Date."
If a properly executed and approved copy of this Contract is not mailed on or before
thirty (30) consecutive calendar days from the date of execution, the Contractor is not
bound by the terms of this Contract. If however, a properly executed and approved copy
of this Contract is mailed after that date, and the Contractor subsequently performs work
on or delivers materials to the Property, the Contractor shall be bound by this Contract.
The Contractor shall not be compensated under this Contract for work commenced or
materials delivered to the Property before the Effective Date.
2. TIIE CONTRACT: This Contract consists only of this Part I (Specific Terms), Part 11
(Standard Terms), and the following attachments:
A. Description of Work Specifications — (dated .1. 61- )
B. Community Resources, Housing Rehabilitation General Specifications
C. Payment Schedule
3. TIME FOR COMMENCEMENT AND COMPLETION: The Contractor agrees to
commence, or cause to be commenced, the actual work described in the Description of
Work within thirty (30) days after the Effective Date. The Contractor agrees to complete,
free of liens or rights of liens of contractors, mechanics, material men or laborers, all
work listed in the Description of Work within sixty (60) consecutive calendar days after
Revised 62005 Page I of 6
"Helping to Build a Bata Community"
Community Resource; Division
• •
City of Fayetteville
FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
a Notice to Proceed is issued. If work has not been completed by such date, subject to
extensions approved by the Owner and the City for the period of any excusable delays
(e.g. strikes, acts of nature or other reasons beyond the control of the Owner or
Contractor) the Contractor shall be assessed liquidated damages in favor of the City in the
amount of Twenty-five Dollars ($25.00) per day for each calendar day proceeding the
effective date, as stated above. If, for any cause, the Contractor fails to fulfill in a timely
and proper manner the obligations under this contract, the City shall have the right to
terminate this contract by giving a written notice to the Contractor of such termination
and specifying the effective date of' such termination.
Upon termination of a contract, the work accomplished in the specified man under this
contract shall be compensated for in a manner based upon the itemized bid submitted by
the Contractor prior to the initiation of this contract. If work has not been started by said
date, this contract may be considered null and void, all housing assistance contracts of the
Contractor, approved but for which Notices to Proceed have not been issued, may be
considered null and void, and the "City" will have the right to consider the Contractor
ineligible to bid future projects.
4. CONTRACT PRICE: The Contractor agrees to accomplish work as described in the
Description of Work in accordance with each and every term and condition of this
Contract, for a total contract price of Nineteen Thousand Five Hundred Fifty -Five and
79/100 Dollars ($19,555.79). The price of specific items of work is stated in the
Description of Work and/or the Bid Proposal Form
5. PROGRESS PAYMENTS: The Contractor agrees that the total contract price shall be
paid in one payment 100% completion, two payments 50% progress and 100%
completion, or three payments 40% progress, 70% progress, and 100% completion, based
upon the value of the work completed at the time the progress payment is requested.
Such progress payments shall be disbursed at the time and in the amounts specified in the
Payment Schedule (attachment C), after inspection and approval of the work by the
Owner and the City, less a retainage of ten percent (10%) of the price of the work
completed. The rctainagc shall be retained until final payment in order to protect the
Owner from any default by the Contractor. In the event the Contractor defaults, the
retainage shall be disbursed in accordance with Part II, paragraph 10 of this Contract.
Final payment shall be due upon satisfactory completion and acceptance of the work as in
compliance with this Contract by the Owner and the City, permit sign -off, submission of
satisfactory wavier(s) of liens satisfactory to the Owner and the City indemnifying the
Owner against any lien, and submission of all warranties and guarantees. The Owner
shall not withhold payment to the Contractor except for noncompliance with the terms of
this Contract, and shall not request the Contractor to perform work outside the scope of
this Contract as a condition of receiving payment. Retainages will be held until all
inspections required by the City have been performed and passed. The Contractor
acknowledges that it is a material breach of this Contract to request or accept a progress
or final payment which is in excess of the price of the work completed at the time such
payment is requested, less the required retainagc.
Revised 62005 Page 2 of 6
"Helping to Build a Better Community"
Community Resources Division
City of Fayetteville
FAYE1TEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
6. WARRANTY: The Contractor warrants that all improvements, hardware and fixtures of
whatever kind or nature to be installed or constructed on the Property by the Contractor
or Contractor's subcontractors will be of good quality, suitable for their purpose and free
from defects in workmanship or materials, or other deficiencies. The Contractor agrees
that before final payment is made on a completed and approved project, the Contractor
will furnish the Owner and City, (1) manufactures warranties and/or guarantees on all
warrantable products and materials installed in the project, including but not limited to:
asphalt shingles, water heaters, and furnaces and other heating equipment and (2)
Contractor's warranty which is valid for one (1) year from the date of final inspection.
The Contractor agree to remedy any defects in the Contractor's work and materials and
any damage resulting there from which may appear within a period of one (1) year from
the date of final acceptance of the work which is the date upon which final inspection was
preformed.
7. PARTIES TO CONTRACT: The Owner and Contractor agree that they are thc sole
parties to this Contract and arc solely responsible for its performance. The parties agree
that the City or the United States Department of Housing and Urban Development
assumes any liability or responsibility whatsoever for the performance of any term of this
Contract. The owner(s) WILL NOT perform or hire another contractor to perform any
typc of construction related repairs, improvements, or modifications to his/her/their home
as of thc date of this contract through the final inspection phase which will be performed
by the City or Community Resources Division.
Failure to comply with this section will cause this project to be placed on hold until the
unauthorized repairs, improvements, or modifications have been completed. The Owner
agrees that only the items listed in the Contract and Description of Work are to be
accomplished by the rehabilitation project. The owner agrees that he or she will provide
notice of defects in workmanship or materials installed in the project within a reasonable
period of time (30 calendar days). The Contractor will not be responsible for defects
caused by acts of the occupants, by occupant's abuse, neglect or inadequate maintenance,
or by Acts of God. It is recognized by the parties that the City shall make a grant and/or
loan to the Owner which shall be used to pay in whole or in part the cost of the contract,
subject to additions and deductions in written and signed change orders, as provided in
the Description of Work and Housing Specs of the contract. The Contractor agrees that
the Housing Specialist shall have the right to act for the owners in taking all actions
necessary to insure the full and complete performance of the obligations of the Contractor
under this contract, and the Contractor agrees to hold the City harmless from and
indemnify and the City against any and all claims from the owner or any third persons
arising from the action of the Contractor with reference to this contract.
8. CONTRACT LIMITS: This Contract shall be deemed to be the entire Contract and no
other work shall be done or monies paid for such work unless advance notice thereof is
given to the City of Fayetteville Community Resources Division and the specific
procedures set forth in the General conditions for Rehabilitation are followed.
Revised 62005 Page 3 of 6
"Helping to Build a Better Community"
Community Rcsou¢a Division
•
City of Fayetteville
FAYETrEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
9. STATEMENT OF WORK: The Contractor does hereby agree that, according to this
Contract and for the price set forth hereinabove, he will furnish supervision, technical,
personnel, labor, materials, tools, equipment, fixtures and services including
transportation services, and perform and complete all work required in an efficient and
workmanlike manner for the Rehabilitation of Property listed above. The Contractor shall
not assign this Rehabilitation Contract without prior written consent of the Owner and
said request for assignment of the Contract shall be submitted to the City of Fayetteville
Community Resources Division.
EQUAL OPPORTUNITY PROVISIONS
1. CIVIL RIGHTS ACT OF 1964 COMPLIANCE
During the performance of this contract, the contractor agrees to comply with the following
requirement: Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of
race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal financial
assistance.
2. SECTION 503 HANDICAPPED COMPLIANCE (IF $2,500 OR OVER)
During thc performance of this contract, the contractor agrees to comply with the following
requirements:
AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
a) The contractor will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee
or applicant for employment is qualified.
b) The contractor agrees to take affirmative action to employ, advance in employment and
otherwise treat qualified handicapped individuals without discrimination based upon their
physical or mental handicap in all employment practices such as the following:
Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
c) The contractor agrees to comply with the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
d) In the event of the CONTRACTOR'S noncompliance with the requirements of this
clause, actions for noncompliance may be taken in accordance with the rules, regulations
and relevant orders of the Secretary of Labor issued pursuant to the Act.
e) The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by thc Director, provided
by or through the Contracting Officer. Such notices shall state the contractor's obligation
under the law to take affirmative action to employ and advance in employment qualified
handicapped employees and applicants for employment, and the rights of applicants and
employees.
f) The contractor will notify cach labor union or representative of workers with which it has
a collective bargaining agreement or other contract understanding, that the contractor is
bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to
take affirmative action to employ and advance in employment of physically and mentally
Revised 62005 Page 4 of 6
"Helping to Build a Botta Community"
Community Resources Division
• •
City of Fayetteville
FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
g)
handicapped individuals.
The contractor will include the provisions of this clause in every subcontract or purchase
order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary
issued pursuant to Section 503 of the Act, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Director of the Office of Federal Contractor
Compliance Programs may direct to enforce such provisions, including action for
noncompliance.
3. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974 COMPLIANCE
During the performance of this contract, the contractor agrees to comply with the following
requirements:
a) No person in the United States shall on the ground of race, color, national origin, or sex
be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
b) Whenever the Secretary determines that a State or unit of general local government
which is a recipient of assistance under this title has failed to comply with subsection (a)
or an applicable regulation, he shall notify the Governor of such State or the Chief
Executive Officer of such unit of local government of the noncompliance and shall
request the Governor or the Chief Executive Officer to secure compliance. If within a
reasonable period of time, not to exceed sixty (60) days, the Governor or the Chief
Executive Officer fails or refuses to secure compliance, the Secretary is authorized to (1)
refer the matter to the Attorney General with a recommendation that appropriate civil
action be instituted; (2) exercise the powers and functions provided by Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000 d); (3) exercise the powers and functions
provided for in Section I11 (A) of this Act; or (4) take such other action as may be
provided by law.
c) When a matter is referred to the attorney General pursuant to subsection (b), or whenever
he has reason to believe that a State Government or unit of general local government is
engaged in a pattern or practice in violation of the provisions of this Section, the Attorney
General may bring a civil action in any appropriate United States District Court for such
relief as may be appropriate, including injunctive relief.
EXECUTION/SIGNATORIES TO AGREEMENT PROVIDED ON SUCCEEDING PAGE
Revised 62005 Page 5 of 6
"Helping to Build a Bata Community"
Community Resources Division
r
City of Fayetteville
FAYF.TTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
•
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
A.004 afrA-Feig.
Eshrat Noorbakhsh, Homeowner
Ike Castner/Timberwo s, Contractor
Sima Noorbakhsh, Homeowner
Approved by the City on 4AA Li 5 I aoo6 .
By
Yolana iclds
Mailed to Contractor and Effective
Community Development Block Grant Program Director
Revised 62005 Pagc 6 of 6
"Helping to Budd a Better Community"
Community Resources Division
• • 7/5/0 5
fi%- rastntr/
i mbera2Orks/
61)36 AMID
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Yolanda Fields, CR Dir
Date: June 16, 2005
Subject: Approval of Contract for Rehabilitation
RECOMMENDATION
Staff recommends approval of contract to rehabilitate home.
BACKGROUND
Home belongs to family who qualifies with the low -to -moderate income verification.
Home is in need of a complete rehabilitation including, new windows, doors, upgrade
plumbing, electrical, reinforce floor joist system and install new roof. We have received
bids on this project, low bid being $19,555.79 for rehab and $5443.00 for new roof. The
total cost for this project would be $24998.79 with contingency amount of $1,000.00.
DISCUSSION
The City of Fayetteville Community Development Block Grant (CDBG) office has
funding available to assisit income eligible Fayetteville residents with rehabilitation to
their homes. The program available includes both minor rehablitation and moderate
rehabitiation. Moderate rehab is addressed as applicants number comes up on the CDBG
waiting list. Individuals are qualified through a process established by HUD and the
local CDBG guidelines. Applicants must first complete an application and then the
CDBG staff will review and determine if qualified. Once qualified the scope ofwork is
written and bid out to the lowest bidder. After this process the rehabilitation is completed
on the home bringing it up to code, making it energy efficient and addressing any lead
base paint issues.
BUDGET IMPACT
The City of Fayetteville's Rehabilitation Program under CDBG would pay the contractor
the sum of $24,998.00 to complete this project with contingency of $1000.00. A ten (10)
year forgivable lien will be placed on the property. If property is sold to another income
eligible family the balance of the lien will be flipped to the new property owner. If
property is sold to non -eligible family the lien balance will be reimburse from the sale
proceeds. The amount reimbursed would go back into the rehabiliation program for use
on another home.
1
• •
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT
OF $24,998.00 WITH MIKE CASTNER D/B/A TIMBERWORKS
FOR REHABILITATION OF A CDBG ELIGIBLE RESIDENCE;
AND APPROVING A CONTINGENCY IN THE AMOUNT OF
$1,000.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a contract in the amount of $24,998.00 with Mike Castner d/b/a
Timberworks for rehabilitation of a CDBG eligible residence.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a contingency in the amount of $1,000.00.
PASSED and APPROVED this 5th day of July 2005.
ATTEST:
1
Deidre Usefton
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda items
Contracts
5 -Jul -05
City Council Meeting Date
Com Res & Code Comp Operations
Division
Action Required:
Department
!Approval of contract with Mike Castner dba Timberworks for rehabiliation contract in the amount of $19,555.79 and
roof installation contract in the amount of $5443.00 with contingency amount of $1000.00.
$24,999
Cost of this request
2180 4940 5315 00
Account Number
02123-0505
Project Number
Budgeted Item
x
Rehabilitation
$252,879
Category/Project Budget
$93,562.95
Funds Used to Date
159,316.05
Remaining Balance
Budget Adjustment Attached
Housing
Rehabilitation
Program Category / Project Name
Housing
Rehabilitation
Program / Project Category Name
Community Development
Fund Name
DepartrneAt Director
C, -M-05
Date
City Attomey
Finance and Internal Service Director
L
Mayor
Comments: Staff recommends
6.6
Date
val of contract
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number.
Clarice Pearman - Castner-Timberworks Page 1
From: Clarice Pearman
To: Fields, Yolanda
Date: 7/6/05 4:01 PM
Subject: Castner-Timberworks
The Council approved a contract with Mike Castner/Timberworks July 5, 2005. However the contract has
a signature line for you to sign but has not been signed. Please come to the city clerk's office and sign
these contracts to continue processing the resolution.
Thanks.
Clarice
Clarice Pearman - Res. 130-05 a a Page 1
From: Clarice Pearman
To: Fields, Yolanda
Date: 8/8/05 12 22PM
Subject: Res. 130-05
Yolanda
Please take a minute to come and sign the Rehabiliation Contract for Mike Castner/Timberworks. I need
your signature before completing the resolution process.
Thanks.
Clarice
Clarice Pearman - Timberworks-Res 130=1
Page
From: Clarice Pearman
To: Fields, Yolanda
Date: 8/19/05 4:38PM
Subject: Timberworks-Res 130-05
Yolanda,
Just a reminder that the rehab contract passed by the City Council on July 5, 2005 is waiting your
signature before it can be processed. Please come by and see me to sign this contract.
Thanks.
Clarice
Clance Pearman - Res. 130-05
From: Clarice Pearman
To: Uselton, Deidre
Date: 9/14/05 9:28AM
Subject: Res. 130-05
Deidre,
Attached is the resolution passed by City Council July 5, 2005 for Mike Castner d/b/a Timberworks. I will
send back to via interoffice mail the original of the rehab contract.
Thanks.
Clarice
Page 1 .
Clarice Pearman Fwd: Res. 130-05
From: Clarice Pearman
To: Deaton, Vicki
Date: 9/14/05 11:19AM
Subject: Fwd: Res. 130-05
»> Clarice Pearman 09/14/05 09:28AM »>
Deidre,
Attached is the resolution passed by City Council July 5, 2005 for Mike Castner d/b/a Timberworks. I will
send back to via interoffice mail the original of the rehab contract.
Thanks.
Clarice
Page 1