HomeMy WebLinkAbout35-05 RESOLUTION• •
RESOLUTION NO. 35-135
A RESOLUTION AWARDING A BID IN THE AMOUNT OF
$14,274.00 TO PREMIER HOME SERVICES FOR
REHABILITATION OF THE RESIDENCE AT 443 WEST NORTH
STREET; 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 awards a bid in the amount of $14,274.00 to Premier Home Services for
rehabilitation of the residence at 443 West North Street.
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 1St day of March 2005.
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By: 0.41.4a/ &/WARS2
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
•
City of Fayetteville
FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
REHABILITATION CONTRACT"'_
THIS CONTRACT, executed this / a day of rqltr v I , Zbo ,
BETWEEN
Vesta Ledbetter
443 W. North St..
Fayetteville AR 72701
Hereinafter referred to as the "Owner" whom resides at the stated property, and
.44aftdrEvatis �rn 1icbb rc LH+ )1)1/44.12--
14934Blre v 'P.b .3DX x/93
Fatefteroilla Fern, tis9iow ,4l2 t7&JV6
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 THEIR 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. THE CONTRACT: This Contract consists only of this Part I (Specific Terms), Part II
(Standard Terms), and the following attachments:.
A. Description of Work Specifications — (dated )
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 3/2005
"Helping to Build a Better Community"
Community Resources Division
Page 1 of 6
• •
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 tern and condition of this
Contract, for a total contract price of Fourteen Thousand Two Hundred Seventy Four
Dollars ($14,274.00). 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 retainage 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 retainage.
Revised 32005 Page 2 of 6
"Helping to Build a Better Community"
Community Resources Division
• •
City of Fayetteville
FAYETTEVILLE 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 the sole
parties to this Contract and are 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
type of construction related repairs, improvements, or modifications to his/her/their home
as of the 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 fisted 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 3/2005 Page 3 of 6
"Helping to Build a Better Community"
Community Resources Division
City of Fayetteville
FAYETTEVILLE 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 the 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 the 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 each 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 32005Page 4 of 6
"Helping to Build a Better 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 III (A) of this Act; or (4) take such other action as may be
provided by law.
c) When a matter is referred to the attomey General pursuant to subsection (b), or whenever
he has reason to believe that a State Government or unit of general local govemment is
engaged in a pattern or practice in violation of the provisions of this Section, the Attomey
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 32005Page 5 of 6
"Helping to BOJO a Better Community"
Community 14sources Division
•
City of Fayetteville
FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
Vesta Ledbetter, Homeowner
1///_ ' li/1 yi. i///
Jim De recti C
, ontractor
Approved by the City on 3 • i b . 0
By
e ds
Community Development Block Grant Program Director
Mailed to Contractor and Effective
c3• /b.•
20oc
ciu M e*Inviortl,
N biatui PRADtke,
•
Revised moosPage 6 of 6
"Helping to Build a Better Community"
Community Resources Division
/2 4.5
• • 3//(Ds
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Yolanda Fields, CRCC Director
Date: February 9, 2005
Subject: Approval of Contract for Rehabilitation
35-05
ettnemer
seta, °P&
h/ North
RECOMMENDATION
Staff recommends approval of contract to rehabilitate home.
BACKGROUND
Home belongs to elderly mother, daughter and daughter's son who are on SSI and
disablity benefits. In the past CDBG did an upgrade on electrical with a cost of
$1575.00, Installation of HVAC with a cost of $4760.00, Lead Base Paint inspection with
cost of $350.00, and most recently a repair of fireplace with cost of $390.00 and
installation of wheelchair ramp with cost of $3250.00. The home is still in need of new
windows, vinyl siding, and rain gutters to complete the rehabilitation and make the home
energy efficient and clear of any lead base paint. We have received bids on this project,
low bid being $14,274.00. The total cost for this project would be $24,599.00 with
contingency amount of $1,000.00.
DISCUSSION
There is a need in this home to make it energy efficient and free of lead base paint.
BUDGET IMPACT
The City of Fayetteville's Rehabilitation Program under CDBG would pay the contractor
the sum of $14,274.00 to complete this project with contingency of $1000.00.
• •
RESOLUTION NO.
A RESOLUTION AWARDING A BID IN THE AMOUNT OF
$14,274.00.00 TO PREMIER HOME SERVICES FOR
REHABILITATION OF THE RESIDENCE AT 443 WEST NORTH
STREET; 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, Ars s
hereby awards a bid in the amount of $14,274.00.00 to Premier Horne` ry ces f r
rehabilitation of the residence at 443 West North Street.
Section 2. That the City Council of the C
hereby approves a contingency in the amour t of $1,000.0
PASSED and APPROVED this 1
Fayetteville, Akansas
i
a
B
SONDRA SMITH, City Clerk
DAN COODY, Mayor
Feb 08; 05 05:06p Jim-Sebbrecht
1 + 1
FAX
479-260278
Premier Siding & Windows
p.1
TO:
FROM:
DATE:
PAGES:
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P.O. Bar 1193Farndngmn. AR 72730
TeBghone: (479) 267-0295 Far: (4799 267.0278.
City of Fayetteville
--'CORMMUNrrY DEVELOPMENT BLOCK GRANT PROGRAM
STANDARD BID PROPOSAL FORM
PROJECT NUMBER: 02123-0502 DATE ISSUED: January 4, 2005
DATE AND TIME OF OPENING* Sunday, January 9, 2005
OWNER'S NAME: Vesta Ledbetter
PROJECT ADDRESS: 443 W. North St., Fayetteville, Arkansas 72701
Windows
Interior Window Trim
Vinyl Siding
Painting & Caulking
Rain Gutters
Clean-up
sa500
/50.00
77/x,00
550422
Iso, oo
MY TOTAL BID PRICE FOR THIS PROJECT IS $ /4 a% OO
Upon signing this Bid, the bidder certifies that they have viewed the property, read and agree
to the requirements set forth in this bid proposal, including specifications, terms and standard
conditions, and pertinent information regarding the articles being bid on, and agree to fumish
these articles at the prices stated.
Complete Business Address:
Name of Firm: 9enneY #0/17e- Se///Ge$Phone #,
Street address or P 0 Box #
City / State/ Zip Code
AO Box //93
yyy a67-00793
7°7730
"Helping to Build a Better Community"
Community Resources Division
Page 1 of 2
• •
'STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION
YES AGENDA REQUEST
For the Fayetteville City Council Meeting of: March 1, 2005
FROM:
Deidre Uselton
Name
Com Res & Code Com Com Plan & Engr Services
Division Department
Action Required: Approval of contract with Premier Home Services for Rehabilitation of
residence at 443 W. North St. Total cost of project $14,274 with contingency amount of
$1,000.00.
Action Required:
See attached Memo
STAFF
•Arat
•ivisi ead
City Att ney
Wilk
NDATION: Approval of the contract.
Departmen Director
Affel
ina e S Internal Services Dir.
a_9 01(
Date
2//ADa e
2-// 05
Date
Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
a1u/� f4.
Date
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No
Clarice Pearman - Premier Home Service. • Page 1
From:
To:
Date:
Subject:
Clarice Pearman
Fields, Yolanda
3/2/05 11:20AM
Premier Home Services
Yolanda,
There isn't a contract with Preimer's signature for the mayor to sign. Is there going to be one?
Thanks.
Clarice
kClarice Pearman - Re: Premier Home Serval
From: Clarice Pearman
To: Uselton, Deidre
Subject: Re: Premier Home Services
Deidre,
I assume there was a contract to go with this resolution since your agenda item memo states approval of
a contract for services. Usually when a bid is awarded a contract outlining the the services to be provided
signed by the person(s) doing the services. I think this protects the city, your dept. and the person
providing the service.
However I am not the legal person here and I believe you should talk with legal department. I only make
sure that the resolution and agenda item are together as stated.
Thanks.
Clarice
»> Deidre Uselton 03/03/05 09:03AM »>
Clarice,
This is the first project I have taken to council so I'm not sure what you need from me. Please advice if I
need to do somekind of contract for the Mayor to sign.
Thanks,
Deidre
Deidre A. Uselton
Community Resources Project Administrator
City of Fayetteville
479-575-8270
d useltonaci.favetteville.ar. us
»> Clarice Pearman 03/02/05 11:20AM »>
Yolanda,
There isn't a contract with Preimer's signature for the mayor to sign. Is there going to be one?
Thanks.
Clarice
Page 1 t
,Clarice Pearman - Re: Premier Home Ser
From: Deidre Uselton
To: Pearman, Clarice
Date: 3/3/05 10:53AM
Subject: Re: Premier Home Services
Ok, sorry about that. I spoke with Yolanda and since this is the first to go over the $20,000 and have to go
to council I am going to add a place for the Mayor's signature on my contract that I do. We do have a
contract that is signed by the homeowner, contractor, myself and Yolanda. I will get that to you in the next
week or so. I have to schedule a meeting with the homeowner and the contractor to get their signatures
first.
Thanks,
Deidre
Deidre A. Uselton
Community Resources Project Administrator
City of Fayetteville
479-575-8270
duselton@ci.fayetteville.ar.us
»> Clarice Pearman 03/03/05 10:26AM »>
Deidre,
I assume there was a contract to go with this resolution since your agenda item memo states approval of
a contract for services. Usually when a bid is awarded a contract outlining the the services to be provided
signed by the person(s) doing the services. I think this protects the city, your dept. and the person
providing the service.
However I am not the legal person here and I believe you should talk with legal department. I only make
sure that the resolution and agenda item are together as stated.
Thanks.
Clarice
»> Deidre Uselton 03/03/05 09:03AM »>
Clarice,
This is the first project I have taken to council sol m not sure what you need from me. Please advice if I
need to do somekind of contract for the Mayor to sign.
Thanks,
Deidre
Deidre A. Uselton
Community Resources Project Administrator
City of Fayetteville
479-575-8270
duselton(rD,ci.fayettewlle. ar. us
»> Clarice Pearman 03/02/05 11:20AM »>
Yolanda,
There isn't a contract with Preimer's signature for the mayor to sign. Is there going to be one?
Thanks.
Clarice
Page 1
I Clarice Pearman - Premier Home Services. • Page 1
From: Clarice Pearman
To: Uselton, Deidre
Date: 3/17/05 1:59PM
Subject: Premier Home Services
Deidre,
Just a reminder regarding Premier Home Services resolution passed by Council March 1, 2005. Please
let me know when I might expect a contract for their services
Thanks.
Clarice
rClance Pearman - Re: Premier Home Se
•
From: Deidre Uselton
To: Pearman, Clarice
Date: 3/17/05 2:17PM
Subject: Re: Premier Home Services
Just got them signed end of last week and I have been out of town. I will get them to you asap. Do you
have to have the original?
Deidre A. Uselton
Community Resources Project Administrator
City of Fayetteville
479-575-8270
duselton@ci.fayetteville.ar.us
»> Clarice Pearman 03/17/05 01:59PM »>
Deidre,
Just a reminder regarding Premier Home Services resolution passed by Council March 1, 2005. Please
let me know when I might expect a contract for their services.
Thanks.
Clarice
Page 1,
Clarice Pearman - Re: Premier Home Se
From: Clarice Pearman
To: Uselton, Deidre
Date: 3/17/05 4:17PM
Subject: Re: Premier Home Services
Yes, ma'am. Any document the city keeps an original except for the grants then we get a copy.
»> Deidre Uselton 03/17/05 02:17PM »>
Just got them signed end of last week and I have been out of town. I will get them to you asap. Do you
have to have the original?
Deidre A. Uselton
Community Resources Project Administrator
City of Fayetteville
479-575-8270
duselton(ci)ci.favetteville.ar. us
»> Clarice Pearman 03/17/05 01:59PM »>
Deidre,
Just a reminder regarding Premier Home Services resolution passed by Council March 1, 2005. Please
let me know when I might expect a contract for their services.
Thanks.
Clarice
Page 1
Clarice Pearman - Res. 35-05
•
From: Clarice Pearman
To: Uselton, Deidre
Date: 3/21/05 10:01 AM
Subject: Res. 35-05
Attached is a copy of the resolution passed by City Council March 1, 2005 regarding the Premier Homes
Services.
Thanks.
Clarice
CC: Deaton, Vicki
Page jj