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HomeMy WebLinkAbout67-06 RESOLUTION• RESOLUTION NO. 67-06 A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $24,556.00 WITH RANDY EVANS D/B/A EVANS HANDYMAN SERVICES 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 $24,556.00 with Randy Evans d/b/a Evans Handyman Services 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 18th day of April, 2006. APPROVED: ATTEST: By: Cr )/ SONDRA SMITH, C >; •G\TY•O,� •• FAYETTEVILLE; :tea 9 --'y„v�T•• cp Oil111 1 S it'ANSP�J2? Clerk City of Fayetteville , FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REHABILITATION CONTRACT THIS CONTRACT, executed this 2) S E day of April, 2006. BETWEEN Lovdis West and Shirley West 1016 Wood Avenue Fayetteville, AR 72701 Hereinafter referred to as the "Owner" whom resides at the stated property, and Randy Evans dba: Evans Handyman Service. 14934 Blue Jay Fayetteville, AR 72764 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 4f I /blo ) 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 Revised 4/2006Page I of 6 "Helping to Build a Better Community" Community Resources Division City of Fayetteville FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM work listed in the Description of Work, within sixty (60) consecutive calendar days after 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 Twenty-four Thousand Five Hundred Fifty-six Dollars ($24,556.00). 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 4/2006Page 2 of 6 "Helping to Build a Better Community" Community Resources Division City of Fayetteville FAYETTEVILLE COMMUNITY DEVELOPMENT BLACK 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 neither the City nor 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 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 4/2006Page 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 Revised 4/2006Page 4 of 6 "Helping to Build a Better Community" Community Resources Division City of Fayetteville FAYE7TEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM g) take affirmative action to employ and advance in employment of physically and mentally 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 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 42006Page 5 of 6 "Helping to Build a Better Community" Community Resources Division • City of Fayetteville FAYEITEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITNESS WHEREOF, wehilve hereunto set our hands on the date first written above. Shirley Wesr, omeowner Randy Evans dba: Evans Handyman Service, Contractor Approved by the City on Fields Community Development Block Grant Program Director Mailed to Contractor and Effective LtI 2lJ D Revised 4/2006Page 6 of 6 "Helping to Build a Better Community" Community Resources Division • Deidre Uselton Submitted By City of Fayetteville Staff Review Form City Council Agenda Items Contracts 18 -Apr -06 City Council Meeting Date Com Res & Code Comp Division Action Required: (e5 ea yps/gA J /67-06 V4Ln4 ASid ymael -orui .LS Operations Department Approval of Contract with Randy Evans dba Evans Handyman Service for Rehabilitation of residence at 1016 Wood. $24,556.00 Cost of this request 2180 4940 5315 00 Account Number 02123-0603 Project Number Budgeted Item x $223,914 Category/Project Budget $34,624.15 Funds Used to Date 189,289.42 Remaining Balance Budget Adjustment Attached Housing/Moderate Rehab Program Category / Project Name Housing/Moderate Rehab Program / Project Category Name Contract Services Fund Name De tme t Director Date City Attorney i Fin nce and In ernal Service Director • Mayor Staff recommends approv d6 D to 0 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayors 0 ENTERED Sok 4 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Yolanda Fields, CRC Date: March 30, 2006 Subject: Approval of Contract for Rehabilitation RECOMMENDATION Staff recommends approval of contract to rehabilitate home. BACKGROUND • Home belongs to a 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, new HVAC, and make bathroom handicap assesible. We have received bids on this project, low bid being $24, 556.00 for rehabilitation. The total cost for this project would be $24,556.00 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 ?rust 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 $24,556.00 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 $24,556.00 WITH RANDY EVANS D/B/A EVANS HANDYMAN SERVICES 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 $24,556.00 with Randy Evans d/b/a Evans Handyman Services 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 18th day of April, 2006. City of Fayetteville FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REHABILITATION CONTRACT THIS CONTRACT, executed this 1 ? } k day of April, 2006. BETWEEN Loydis & Shirley West 1016 Wood St Fayetteville, AR 72701 Hereinafter referred to as the "Owner" whom resides at the stated property, and Randy Evans dba Evans Handyman Service 14934 Blue Jay Fayetteville, AR 72704 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 Revised 32006.- - Page I of 6 "Helping to Build a Better Community" Community Resources Division • • City of Fayetteville FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM work listed in the Description of Work within sixty (60) consecutive calendar days after 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 Twenty Four Thousand Five hundred Sixty -Six Dollars ($24,566.00). 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 terns 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 pnce of the work completed at the time such payment is requested, less the required retainage. Revised 3/2006Page 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 m 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 penod 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 neither the City nor 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 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 tune (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 3/2006 "Helping to Build a Better Community" Pe3of6 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. 0 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 Revised 3/2006Page 4 of 6 "Helping to Build a Better Community" Community Resources Division City of Fayetteville FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM g) take affirmative action to employ and advance in employment of physically and mentally 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 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 pattem 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 3/2006Page 5 of 6 "Helping to Build a Better Community" Community Resources 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. Loydis West, Homeowner Shirley West, Homeowner Randy Evans, Contractor Approved by the City on By Community Development Block Grant Program Director Yolanda Fields Mailed to Contractor and Effective • Revised 3/2006Page 6 of 6 "Helping to Build a Better Community" Community Resources Division City of Fayetteville COiMMUNITY DE VELOPM ENT BLOCK GRANT PROC RAM 7 OWNER(S): RECEIPT OF BIDS ADDRESS: /6/ a/GGJ) Si PROJECT NUMBER dal<23- .06 a3 PROJECT TITLE: 1 t do .a,7co, 13ID CLOSING DAY/DATE/TIME: CONTRACTOR: 'f74. (o cps- a7o1S CONTRACTOR: tv/-a„k1 ,d rn�„ & ) BID AMOUNT BID AMOUNT: eRg, 170. 5 —51 t�ti.t lZ4.4 104 CONTRACTOR: BID AMOUNT: 475-6 CONTRACTOR: BID AMOUNT: Certifi d by: W iiness: IP �iZLL.L' J Date: 4 06 Date: 3:g&L E "Helping to' Build a Bever Community" Conmwnity Resources 1)i vi sion Page 1 of 1 Clarice Pearman -_,Randy Evans Page 1 I From: Clarice Pearman To: Uselton, Deidre Date: 4.19.06 1:46PM Subject: Randy Evans Deidre, The City Council passed a resolution awarding a contract to Randy Evans however I do not have a signed contract. Please see that I get a signed contract to process the resolution. Thanks. Clarice Clarice Pearman - Re: Randy Evans Page 11 From: Deidre Uselton To: Pearman, Clarice Date: 4.19.06 1:47PM Subject: Re: Randy Evans Ok, just waiting on that to go through before we had all the contracts signed. I will get that scheduled asap and get it to you. Thanks, Deidre Deidre A. Uselton Community Resources Project Administrator City of Fayetteville 479-575-8270 duselton@ci.fayetteville.ar.us »> Clarice Pearman 04/19/06 1:46 PM »> Deidre, The City Council passed a resolution awarding a contract to Randy Evans however I do not have a signed contract. Please see that I get a signed contract to process the resolution. Thanks. Clarice • [Clarice Pearman - Evans Handyman Services Page 1 From: Clarice Pearman To: Uselton, Deidre Date: 5.12.06 12:19PM Subject: Evans Handyman Services Deidre, • Just a reminder the resolution passed by Council on April 18, 2006 did not have a signed contract attached. I am still waiting on the signed Rehabiliation Contract signed by homeowners, Randy Evans and Yolanda. Please let know what is happening with this contract. I would like to get this resolution through with processing. Thanks. Clarice •