HomeMy WebLinkAbout158-14 RESOLUTIONRESOLUTION NO. 158-14
A RESOLUTION TO AUTHORIZE A CONTRACT WITH EVANS
CONSTRUCTION AND REMODELING, LLC IN THE AMOUNT OF
$24,990.00 FOR COMMUNITY DEVELOPMENT BLOCK GRANT
REHABILITATION OF AN ELIGIBLE RESIDENCE LOCATED AT 1314 S.
ELLIS AVENUE
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 authorizes a
contract with Evans Construction and Remodeling, LLC in the amount of $24,990.00 for
Community Development Block Grant rehabilitation of an eligible residence located at 1314 S.
Ellis Avenue.
PASSED and APPROVED this 2nd day of September, 2014.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
011111111111
R K
�. •.G
FA
Y ; T=
ErrtkLF;z��
!rq N S
i�v°� ; ; i N' j
City of Fayetteville Staff Review Form
2014-0358
Legistar File ID
9/2/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Yolanda Fields 8/5/2014 Community Resources /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval to award Bid# 62123-1409 to Evans Construction & Remodeling LLC for a Community Development Block
Grant (CDBG) Rehabilitation at 1314 S. Ellis Ave. and to approve a purchase order in the amount of $24,990.
Budget Impact:
2180.4940.5315.00
Account Number
62123.1409
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
k4ulyl_tl�
2180-CDBG
Fund
1314 S Ellis
Project Title
$ 482,037.00
$ 119,913.84
362,123.16
$ 24, 990.00
337,133.16
Approval Date:q-�
ENTERED
CITY OF
•
17ay e eVl le
ARKANSAS
MEETING OF SEPTEMBER 2, 2014
CITY COUNCIL AGENDA MEMO
TO: Mayor and City Council VQ
THRU: Jeremy Pate, Dir. Development Services0T
FROM: Yolanda Fields, Community Resources Dire t
DATE: August 5, 2014
SUBJECT: Approval of Contract & Purchase Order for Bid# 62123-1409
RECOMMENDATION:
Staff recommends approval to award Bid# 62123-1409 to Evans Construction & Remodeling
LLC and approval of the attached purchase order in the amount of $24,990 for the housing
rehabilitation project located at 1314 S. Ellis Ave.
BACKGROUND:
Community Resources has deemed the $24,990 housing rehabilitation project cost necessary in
order to fully rehabilitate the home located at 1314 S. Ellis Ave. A brief scope of the project
includes replacing the roof with metal roof, add attic insulation and vapor barrier in crawlspace,
add new heat pump, replace windows, add gutters, electrical repairs, paint and trim repairs as
needed. For the full scope of the project, please see the attached bid packet.
DISCUSSION:
In December 2013, a Fayetteville home -owner applied for a housing rehabilitation project on
their home at 1314 S Ellis Ave. After verifying that the owner qualified for the program by being
within the low-income population, Community Resources conducted an environmental review of
the property, performed an assessment of the property, and completed a dwelling assessment
on the property. The housing structure was deemed stable, livable, and eligible for
rehabilitation.
In July, the bid for the rehab project was advertised in the local newspaper and emails were
send out to contractors with the bid packet attached. Two contractors, Evans Construction &
Remodeling and Oliver's Custom Roofing, placed bids on the project. Oliver's Custom Roofing's
bid came in at $61,600 while Evans Construction's bid came in at $24,990.
BUDGET/STAFF IMPACT:
Project cost is $24,990
Attachments:
Purchase Order
Receipt of Bids and Bids
Bid Invitation Packet
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE A CONTRACT WITH EVANS
CONSTRUCTION AND REMODELING, LLC IN THE AMOUNT OF
$24,990.00 FOR COMMUNITY DEVELOPMENT BLOCK GRANT
REHABILITATION OF AN ELIGIBLE RESIDENCE LOCATED AT 1314 S.
ELLIS AVENUE
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 authorizes a
contract with Evans Construction and Remodeling, LLC in the amount of $24,990.00 for
Community Development Block Grant rehabilitation of an eligible residence located at 1314 S.
Ellis Avenue.
PASSED and APPROVED this 2nd day of September, 2014
APPROVED:
ATTEST:
By: By
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
a
o
N
N
N
00
(6
Q
f0
LO
Q
Z
x
v
w
c
R C
> a
N
N 1
N
O O
°°
J O
Z
m m
N
U
a o>
N N
W
;
Eli Ei>
N
C
_
N
N
co
Z
Z
Z
#
L
L
L
rn
o
O
U
O
Q?
M
p
allo
N
.. m O
y
z
L
B L
L
a
04
co
o
5CD
a
O
co
O
X
O
N
X N 2 0 L
O
U
N
O
CD
O
O
.0C
H
Q.
C
T
M
(n
E...Ep
w 00:
O
Z
tf1
U
a
d
°
co
J
o
d
n
:
Q
N
m
U
�
cc
m
O _
O
LL.
Q
N
•. _
o
0O o
0 > 0
Q
0
y
.
.1
.r+
°a
�
(D
CD
o
0
0
0
0
0
0
0
0
0
0
o
0
O
0
o
0
0
0
rn
o
0
0
0
0
0
0
0
0
0
ai y.
0
N
N
EA
EA
El)
El}
W.
Ei}
W.
VT
Ell
Ei>
'
0..�
O
bq
..
w
s P:
O
¢
` o m
o
U c
(L L
o
H
o
O
Ci
o
s- �°
O[ tE
w'
D
a
N
a
Q 'O
asp°'
=
o In
O r
U)
N
a �'?
o
zr �
Z"
f0
f0
T
c
d
Y
R =
V
'O
7
c6
rn
m
a
t
L% d
0
m
co
N
c�
O
a
J
Q CL
c
s Q
U
L
g
w: W
co
U
Q
L
— cOi
T
N
O m
N (6
r
CO
c-
N
M
V'
co
r
a0
x
O T N co
v
¢
a
—
Q
Q U 0
RECEIPT OF BIDS
OWNER(S): Thurman & Judy Thomas
ADDRESS: 1314 S. Ellis Ave. PROJECT No: 62123-1409
PROJECT TITLE: Moderate Rehabilitation of a Residential Building
BID CLOSING DAY/DATE/TIME: August 4, 2014, 4:00 P.M.
CONTRACTOR: � BID AMOUNT:�ZH,a q o
CONTRACTOR: 01�lc�'E, BID AMOUNT: fi
CONTRACTOR: BID AMOUNT:.....
CONTRACTOR: BID AMOUNT:
CONTRACTOR: _ _ BID AMOUNT:_,
Certified by:
Witness:
Form CR 118
K:\CR\NEW CR\CDBG1HousinglCDBG x ew .00gmosC Current\BidlForm CR 118, receipt of bids
STANDARD BID PROPOSAL FORM
PROJECT NUMBER: 62123-1409 DATE ISSUED: 07-21-2014
DATE AND TIME OF OPENING Monday, 4:00 pm, August -4, 2014
OWNER'S NAME: City of Fayetteville
PROJECT ADDRESS: 1314 S. Ellis Ave„ Fayetteville, AR 72701
ATTENTION
The City has the right to select which of the items listed below will be completed based on
the amount of funds available.
*In blanks below please quote price for each item and the total for project at the bottom.
A) Electrical: .0`-io
B) Roofing:
C) HVAC:
D) Windows:
E) Insulation:
F) Gutters:
G) Cleanup:
H) Other:
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
; "1 'W
w"Jayettevi lle-ar gov
MY TOTAL BID PRICE FOR THIS PROJECT IS $ 'Z4 9 90
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 furnish
these articles at the prices stated.
Complete Business Address: It
Name of Fir�&"g cra-i-ILx Rom. c LLC Phone 401VS30 Qbo?
Residential Contractor's License number oj-o� Gq 081q
CITY OF
Sy •
AR.KANSAS`
STANDARD BID PROPOSAL FORM
PROJECT NUMBER: 62123-1409 DATE' ISSUED: 07-21-2014
DATE AND TIME OF OPENING: Monday, 4:00 pm, August 4, 2014
OWNER'S NAME: City of Fayetteville
PROJECT ADDRESS: 1314 S. Ellis Ave., Fayetteville, AR 72701
ATTENTION
The City has the right to select which of the items listed below will be completed based on
the amount of funds available.
*In blanks below please quote price for each item and the total for project at the bottom.
A) Electrical t.t
B) Roofing:
Mailing Address: COMMUNITY RESOURCES
113 W. Mountain Street wwwrfayettevilie- acgvv
Fayetteville', AR 72701
MY TOTAL BID PRICE FOR THIS PROJECT IS $ (o I� 00
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 furnish
these articles at the prices stated.
Complete Business Address: -i ` 05og
Name of Firm:(y4 d"�� t at �L i �L10—hone
Residential Contractor's License number. ,tom .
2''.
CITY OF
ay-
1..
4e-v
KANSAS
CITY OF FAYETTEVI LLE
113 W. Mountain St.
Fayetteville, AR 72701
INVITATION TO BID
Bid# 62123-1409
Community Resources Division
(479) 575-8240
BID#: 62123-1409
DATE ISSUED: 07-21-2014
DATE & TIME OF OPENING: Monday, August 4, 2014 4:00pm
CONTACT: Kyle Belt—(479) 575-8240
Mailing Address: COMMUNITY RESOURCES
113 W. Mountain Street www.€ayettevilie-ar.gov
Fayetteville, AR 72701
CITY OF
a.
lay% 171kAS
INVITATION TO BID
DATE ISSUED: July 21, 2014
RECEIPT OF BIDS: Monday, 4:00 pm, August 4, 2014
Community Resources Division
125 West Mountain Street
Fayetteville, AR 72701
COMMUNITY DEVELOPMENT PROGRAMS ADMINISTRATOR:
Kyle Belt
CDBG Programs Administrator
113 West Mountain Street
Fayetteville, Arkansas 72701
Phone (479) 575-8240
BRIEF SCOPE OF PROJECT: Replace roof with metal roof, add attic insulation and vapor
barrier in crawispace, add new heat pump, replace windows, add gutters, electrical repairs, paint
& trim repairs as needed.
PROJECT NUMBER: 62123-1409
PROJECT LOCATION: 1314 S. Ellis Ave., Fayetteville, AR 72701
CITY OF FAYETTEVILLE: The City of Fayetteville encourages participation of small,
minority and women owned business enterprises in the procurements of goods, services, and
construction, either as a general contractor or subcontractor. The City is an affirmative action /
equal opportunity employer. Section 55.55 prohibits discrimination against qualified individuals
because of their handicapped status.
GENERAL: A copy of the Specifications is available at the Community Resources Division's
office.
****** Attention! New Requirements! xxxXxx
• New permitting requirements, please see attached
• Any bid of $20,000 or over must be accompanied by a certified check or bid bond in
an amount not less than five percent (5%) of the amount bid.
• A one hundred percent (100%) performance and payment bond is required with a
contract awarded amount of over $20,000 and filed with the Washington County
Circuit Clerk.
• A State of Arkansas Residential Contractor's License is required for ALL bids.
Mailing Address: COMMUNITY RESOURCES
113 W. Mountain Street vuwwfayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
ARKANSA
DEVELOPMENT BLOCK GRANT P
SPECIAL TERMS AND CONDITIONS
1. All bids shall be submitted in a sealed envelope and must be submitted on forms provided by
the city. No employees of the Community Resources Division are allowed to fill out bid
sheets for Contractors.
2. The company or contractor name and project # shall be stated on the face of the sealed bid
envelope.
3. Bidders shall include all applicable local, state, and federal sales tax in the bid. The
responsibility of payment shall remain with the successful bidder.
4. Prices shall include all labor, materials, profit, insurance, etc., to cover the furnishing of the
items of the bid.
5. Bids received after the date and time set for receiving bids will not be considered.
6. The Owner reserves the right to accept or reject any and all bids, waive formalities in the
bidding and make a bid award deemed to be in the best interest of the Owner. The Owner
shall be able to purchase more or less than the quantity indicated subject to availability of
funds.
7. The bid price shall remain good and firm for a period of thirty (30) calendar days from bid
opening date; however, the prices may remain firm for a longer period of time if mutually
agreeable between bidder and the Owner.
8. All products delivered shall comply with applicable standards of quality.
9. Any exceptions to the requirements of the City of Fayetteville must be noted on the Bid Form
or on an attached form.
10. In the event of two or more identical low bids, the contract may be awarded arbitrarily or for
any reason to any such bidders, at the discretion of the Owner.
11. The Contractor is to supply the City with evidence of the following:
1) Current and valid Certificate of Liability Insurance that includes coverage for
a) Workman's Compensation and Employer Liability in accordance with the laws of
the State of Arkansas, b) Commercial General Liability that covers public liability
and property damage and c) Automobile Liability, if applicable. All premiums and
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445
Form CR 117
MUNITY DEVELOPMENT BLOCK GRANT PROGRAM
costs shall be paid by the Contractor. In no way will the Owner be responsible in
case of accident.
2) Current and valid license from the State of Arkansas Contractors Licensing Board.
3) EPA/HUD Approved Lead Safety Training Program certification.
12. Specifications furnished with this invitation are intended to establish a desired quality or
performance level, or other minimum dimensions and capacities, which will provide the best
product at the lowest possible price. Other than designated brands and/or models approved
as equal to designated products shall receive equal consideration.
13. The City reserves the right to request any additional. information it deems necessary from any
or all bidders after the submission deadline.
14. Quality, time and probability of performance may be factors in making an award.
15. Any ambiguity in any bid as a result of omission, error, lack of clarity or non-compliance by
the bidder with specifications, instructions, and all conditions of bidding shall be construed in
the light most favorable to the Owner.
16. Bidders must provide the City with their bids signed by an employee having legal authority
to submit bids on behalf of the bidder.
17. The request for bid is not to be construed as an offer, a contract, or a commitment of any
kind; nor does it commit the city to pay for any costs incurred by bidder in preparation of bid.
18. Bids must be hand delivered or received by mail in the Community Resources Office, 125
West Mountain St. Fayetteville, and AR. 72701, on or before the time of closing listed on the
Bid Form. Under no circumstances will faxed bids be allowed.
19. The successful bidder will be required to enter into a contract with the Owner and shall
provide a certificate of insurance to the Community Resources Division within ten (10) days
of notice of bid award.
20. In the event a contract is entered into pursuant to the "Invitation to Bid", the bidder shall not
discriminate against any qualified employee or qualified applicant for employment because
of race, sex, color, creed, national origin, or ancestry. The bidder must include in any and all
subcontracts a provision similar to the above.
21. The contractor must be prepared to commence work on start date per Notice to Proceed
issued by the City Community Resources Division, and must complete the work within
Thirty (30) calendar days. Exceptions as noted in the Rehabilitation Contract.
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445
Form CR 117
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
22. A Maximum of three payments may be made on each Housing Rehabilitation Project. Upon
satisfactory completion of 40% of the work and submission of proper documentation, 30% of
the contract amount may be released to the contractor with 10% being held as retainer. Upon
satisfactory completion of 70% of the work and submission of proper documentation, 60% of
the contract amount may be released to the contractor with 10% being held as retainer. Final
payment shall be made after satisfactory completion and acceptance of the project. Retainers
shall be released with the final payment.
23. A certificate of final inspection by the City of Fayetteville's Building Safety Division must
be performed before the release of the final check.
24. Any construction material containing Lead -Based Paint (LBP) shall be removed by workers
certified in LBP Interim Controls and with adherence to the current HUD Regulation on LBP
Hazards.
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445
Form CR 117
! ARKANSA
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Residential Permit Application
and Plan Review Requirements
The following shall be the submittal requirements:
• Completion of the Master Permit application and review before any work starts.
• "CDBG" will be entered in the Description of Work field.
• Specification sheets will be submitted with the application.
• CDBG fee waiver sheet for the application process. (Provided by CDBG Staff)
• A site plan of the property drawn to scale will be submitted according to permitting
procedures.
• A floor plan drawn to scale will be submitted indicating where changes to the
structure are to occur. This can be done in two parts as before and after with 8'/2 x
11 plans.
• The Master permit must be issued before any other permit may be applied for.
Highland Home Builder, Inc.
Bruce Kerr 479-903-0966
Community Resources Spec writer
brucegkerr@netzero.com
Community Resources Division
`H. *IG H
L "AN D
Home Builder, Inc.
MODERATE HOUSING REHABILITATION PROJECT
Scope of Project: Replace roof with metal roof, add attic insulation and vapor barrier in
crawlspace, add new heat pump, replace windows, add gutters, electrical repairs, Paint and trim
repairs as needed
Owner's Name: Thurman Thomas Phone: 479-790-1910
Project Location: 1314 S Ellis Ave, Fayetteville, AR
Project # 62123-1409
Administrator: Kyle Belt Phone: 479-575-8240 Fax: 479-444-3445
Contractors Description of Work:
Minimum requirements for bidder: Proof of current Arkansas Residential Contractor's license (or
Commercial Contractor's license if required by law) which is provided by the State of Arkansas
Contractors Licensing Board, Certificate of Liability Insurance, and a statement of Completion of
EPA/HUD Approved Lead Safety Training if applicable.
GENERAL:
The contractor will be responsible for all aspects of the construction, installation, repairs, and cleanup
as stated in the Scope of Work and Specifics at the project location stated above. Each bidder will be
responsible for a complete inspection of the property at the project location before submitting bid.
Give occupant 24 hour notice before inspection. All the distances, measurements, procedures, and
listed materials should be verified before submitting your bid to complete the work. The
requirements listed here, in the description of work, are general requirements and it will be the
responsibility of the winning bidder to assure the City of Fayetteville that the finished project is in
compliance with all applicable codes and standards and achieves the goal of raising the efficiency of
the building.
The contractor's duties and responsibilities include, but are not limited to, the following:
1) Purchasing of all materials.
2) Supervision of all employees and subcontractors.
3) Coordination with the City of Fayetteville CDBG Administrator, the City of Fayetteville
Code Compliance Office and owners.
4) Project design.
5) Clean up and restoration of all lawns, planters, walking and driving surfaces to their original
condition.
6) Keep job site safe for others and practice safe working practices as required.
SPECIFICS:
A: ELECTRICAL
A - 1 Replace the 2 outlets in the kichen with GFCI outlets.
A — 2 Make all connections necessary for the new heat pump HVAC system, adding any needed
breakers and electrical components needed.
A — 3 Add an electrical outlet near the electric meter which will be near the new outdoor heat pump
unit.
A — 4 Add any missing smoke detectors to bring the old section of the home up to code.
B —1 Remove all layers of the old asphalt shingles on the old section of the home. The section of
home with the metal roofing is not to be worked on.
B — 2 Repair any roof sheeting that may have any rot.
B — 3 Install new metal roofing on the old section that matches the blue metal roofing on the new
section that is attached to the home. Provide all flashings for plumbing vents and any other
roof components necessary for a complete job.
C: HVAC
C — 1 Install a new heat pump unit in the old section of the home. The air handler and coil is to be
in the attic. (The homeowner is to make an attic access in the area where the whole house
fan is (or was). The unit should be Energy Star rated that has a minimum seer rating of 15.
The outdoor unit should be installed on the right side of the home near the electric meter.
C — 2 Install central air vents in the attic. Ensure all ducts are sealed and insulated properly. The
unit should have a return air with a filter grill installed presumably in the ceiling.
C — 3 Install any needed walkway in the attic to access the unit that may be required by code.
D: WINDOWS
D —1 Remove old windows in older section of home including the garage window but not the
kitchen window or breeze way windows. (the kitchen window is relatively new and does not
need replaced)
D — 2 Replace all windows except bedroom windows with new single or double hung windows. The
bedrooms should be replaced with side slide style windows that meet egress. The windows
should be white vinyl windows that are energy star rated with Low-e glass.
D — 3 Make any needed repairs inside the home around the windows. Add or repair any trim or
paint as needed.
D — 4 Cover the outside wood around the window trim with metal coil trim bent to fit.
D — 5 Seal around all windows to keep out water or air.
E: INSULATION
E —1 After all the attic work is complete, blow in attic insulation to bring R value to R 38.
E — 2 Install a vapor barrier over the dirt in the crawl space in the old section of the home.
F: GUTTERS
F —1 Add seamless gutters and downspouts to the old section of the home.
G: CLEANUP
G - 1 All new, used, and excess construction materials that relate to the job or a change order(s)
belongs to the contractor and can be removed from the property by the contractor as needed
during the project and shall be removed at completion.
G - 2 All trash shall be hauled off by contractor and preferably recycled if possible.
G - 3 All affected areas shall be left broom clean.
G - 4 If lead paint is present, cleanup will be compliant with EPA/HUD Approved Lead Safety
standards.
H: OTHER
H - 1 All work or materials which are not directly noted in the Scope of Work and Specifics, but are
necessary for the proper carrying out of the obvious intentions thereof, are to be understood
as implied work and will be provided for by the contractor as if specifically described or
drawn.
H - 2 All work shall be performed in a workmanlike manner according to common construction
practices, according to the specifications set forth in the Community Resources Program's
General Specification Manual, and with adherence to city, state, and national codes.
H - 3 Any damage to the dwelling or property caused by the contractor, his/her worker(s) or
delivery person, and/or their vehicles during the project shall be repaired to like new
conditions.
H - 4 Where applicable, all plumbing work shall be performed by a Arkansas State licensed
plumbing contractor with adherence to the current Arkansas Plumbing Code.
H - 5 Where applicable, all electrical work shall be performed by a Arkansas State licensed electrical
contractor with adherence to the current National Electrical Code.
H - 6 Where applicable, all HVAC work shall be performed under the supervision of a licensed HVAC
contractor with adherence to all codes.
CITY OF
5" fay*j s
1 I'
le
ARKANSAS
STANDARD BID PROPOSAL FORM
PROJECT NUMBER: 62123-1409 DATE ISSUED: 07-21-2014
DATE AND TIME OF OPENING: Monday, 4:00 pm, August 4, 2014
OWNER'S NAME: City of Fayetteville
PROJECT ADDRESS: 1314 S. Ellis Ave., Fayetteville, AR 72701
ATTENTION
The City has the right to select which of the items listed below will be completed based on
the amount of funds available.
*In blanks below please quote price for each item and the total for project at the bottom.
A) Electrical:
B) Roofing:
C) HVAC:
D) Windows:
E) Insulation:
F) Gutters:
G) Cleanup:
H) Other:
Mailing Address: COMMUNITY RESOURCES
113 W. Mountain Street www.fayettevilie-ar.gov
Fayetteville, AR 72701
MY TOTAL BID PRICE FOR THIS PROJECT IS $
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 furnish
these articles at the prices stated. .
Complete Business Address:
Name of Firm:
Residential Contractor's License number
Street address or P.O. Box
City / State/ Zip Code
Printed Name:
Signature: Title:
Phone #
CITY OF
TIle
a e e
ARKANSAS
REHABILITATION CONTRACT
THIS CONTRACT, executed this loth day of September, 2014
BETWEEN
Thurman & Judy Thomas
1314 S. Ellis Ave.
Fayetteville, AR 72701
Hereinafter referred to as the "Owner" whom resides at the stated property and
Evans Construction and Remodeling LLC
1123 Crutcher St.
Springdale, 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, and approved by the 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.
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445
Form CR 125
CITY OF
A
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 7-15-2014 )
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, on start date per Notice to proceed. 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
Thirty (30) days from the start date per the Notice to Proceed 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 manner
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.
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575,8260 1 FAX 479,444,3445
Form CR 125
CITY OF
0
KANSAS
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 nine
hundred & ninety dollars ($24,990.00) 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.
6. CONTRACTOR: In the event the Contractor defaults, the retainage shall be
disbursed in accordance with Part lI, 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.
7. 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,
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445
Form CR 125
CITY OF
Mile
KANSAS
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) manufacture's 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 performed.
8. 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(.)
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 The 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 CDBG Programs Administrator shall
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575.826U I MN 4/Y.444.3440
Form CR 125
CITY OF
•
�. � �Vl e
ARKANSAS
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.
9. 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.
1O.STATEMENT OF WORK: The Contractor does hereby agree that, according to
this Contract and for the price set forth hereinabove, he/she 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.
11.LEAD-BASED CLEARANCE TEST RESPONSIBILITES: The City will provide
funding for no more than two clearance tests, where applicable. It is the sole
responsibility of the Contractor to provide funding for any clearance tests
needed after the first and second clearance tests provided by the City.
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.
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445
Form CR 125
CITY OF
RKANSA
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 handicapped individuals.
g) 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
113 W MOUNTAIN ST I FAYEITEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445
Form CR 125
CITY OF
0[CeV11le
ARKANSAS
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: 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.
a) 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.
b) 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
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445
Form CR 125
CITY OF
0"Reville
ARKANSAS
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
Randy Evans, Evans Construction and Remodeling LLC, Contractor
Approved by the Cit;
By Yolanda Fields,
Community Resourc
113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445
Form CR 125