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HomeMy WebLinkAbout74-97 RESOLUTIONYo RESOLUTION NO. 74-97 A RESOLUTION AWARDING BID NO. 97-063 IN THE AMOUNT OF $34,000 TO OZARK RESTORATION AND REMODELING, FOR THE REHABILITATION OF A RESIDENTIAL STRUCTURE IN CONJUNCTION WITH THE COMMUNITY DEVELOPMENT HOME BUYER PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council hereby awards Bid No. 97-063 in the amount of $34,000 to Ozark Restoration and Remodeling, for the rehabilitation of residential structure in conjunction with the Community Development Home Buyer Program, and authorizes the Mayor and City Clerk to execute a contract for said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. FF SSED AND APPROVED this 19th day of Aug, s� t , 1997. APPROVED: aR By: red Hanna, Mayor ATTEST: By: Traci Paul, City Clerk EXHIBIT A OWNER / CONTRACTOR AGREEMENT This Contract is between City of Fayetteville (referred to in this contract as the Owner) and Ozark Restoration and Remodeling (referred to in this Contract as the Contractor) warranting itself to be qualified to perform the work specified herein. This Contract is for the rehabilitation of property located at 21 East 4th Street, Fayetteville, Arkansas (referred to in this Contract as the Property). IN CONSIDERATION OF THEIR MUTUAL PROMISES, THE PARTIES AGREE AS FOLLOWS: ARTICLE I: CONTRACT DOCUMENTS This Contract shall include the Rehabilitation Bid and Description of Work, including drawings, if any, which are attached hereto and incorporated herein by reference. This Contract shall further include those documents known as General Conditions for Rehabilitation and Basic Specifications which are on file and available for examination at the office of the Community Development Division of the City of Fayetteville, 113 West Mountain Street, Fayetteville, Arkansas; the same also being incorporated herein by reference. ARTICLE II CONTRACT PRICE The Contractor agrees to accomplish work as described in the Bid Specifications in accordance with each and every term and condition of this Contract, for a total contract price of Thirty-four Thousand Dollars, $34,000.00 The price of specific items is stated in the Bid Specifications. ARTICLE III: PAYMENT The Owner shall pay to the Contractor for the completed performance of this Contract the sum of Thirty-four Thousand Dollars, $34,000.00 to be paid as follows (unless otherwise agreed to by all parties): Forty percent (40%) of the Contract Sum at Forty percent (40%) completion (as judged by the Community Development Division staff) less retainage of ten percent (10%) of the progress payment amount, Seventy percent (70%) of the Contract Sum at Seventy percent (70%) completion less retainage of ten percent (10%) of the progress payment amount, and one hundred percent (100%) of the Contract Sum at substantial completion and affirmative final inspection less retainage of ten percent (10%) of the completion payment amount. Retainages will be held for thirty (30) days after satisfactory substantial completion and acceptance of the project. Final payment, constituting the entire unpaid balance of the Contract Sum shall be made when the Page 1 of 3 Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct non -conforming or defective work and to satisfy other requirements, if any, which necessarily survive final payment. No certificate issued, nor payment made to the Contractor, nor partial or entire use or occupancy of the contract work by the Owner, shall be acceptance of any work or materials not in accordance with this contract. 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 amount due including change order(s). ARTICLE IV: 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. ARTICLE V: 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 Contractors, subcontractors will be good quality, suitable for their purpose and free from defects in workmanship or materials, or other deficiencies. This is a full warranty extending to the Owner and subsequent owner(s) shall have notified the Contractor at the address stated above within one year, except for any longer warranty periods specified below: (a) One years for workmanship and materials. (b) Five years for Roof ARTICLE VI: TIME FOR COMMENCEMENT AND COMPLETION The Contractor agrees to commence, or cause to be commenced, the actual work within ten (10) days after the date of this contract. The contractor agrees to complete, free of liens or rights of liens of contractors, mechanics, materialmen or laborers, all work listed above within 60 days after the date of this Contract, subject to extensions approved by the Owner and the City for the period of any excusable delays (including strikes, acts of nature or other reasons beyond the control of the Owner or Contractor). The Contractor agrees that time is of the essence of this Contract. Work shall be completed by the date herein, except excusable delays. The Rehabilitation Project will therefore begin on 21 August 1997. The Completion Date is therefore 22 October 1997. ARTICLE VII: LETTER OF ACCEPTANCE 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 Development Division. Page 2 of 3 ARTICLE VIII: PARTIES OF THE 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 United States Department of Housing and Urban Development does not assume any liability or responsibility whatsoever for the performance of any term of this Contract. ARTICLE IX: 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 Development Division and specific procedures set forth in the General Conditions for Rehabilitation are followed. This ctim1ci {da'ted and entered into on: � L Attest: ' . City Clerk Title DATE _(2ti9 ,sf %'J, /997 CITY OFF T EVILLE, ARKANSAS 2Jr w Mayor TION COMPANY