HomeMy WebLinkAboutR-2002-014 HOME Grant Funding Request by Yakima County Coalition for the HomelessRESOLUTION NO. R-2002- 14
A RESOLUTION approving a $13,056 grant request from the Yakima County
Coalition for the Homeless to be made from federal HOME
funds to install new exterior siding to 303 South 4th Street tri-
plex.
WHEREAS, the City of Yakima is a recipient of federal HOME funds
which may be used, among other things, to repair or rehabilitate low and
moderate housing units; and
WHEREAS, the Yakima County Coalition for the Homeless is requesting
a grant of $13,056 in HOME funds to install new steel siding at 303 South 4th
Street, and
WHEREAS, the City Council has determined that it is in the best interest
of the City to authorize and approve the $13,056 grant request from the YCCH to
assist in the installation of new siding, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. A grant of $13,056 in HOME funds to YCCH for the purpose of
installing new steel siding to 303 South 4th Street tri-plex is hereby authorized
and approved,
2. The City Manager is hereby authorized and directed to execute all
necessary grant documents, including a grant agreement, between the City of
Yakima and YCCH. The final form of these documents shall be reviewed and
approved by the City Attorney.
ADOPTED BY THE CITY COUNCIL this 19th day of February, 2002.
ATTEST:
Mary Place, Mayor
City Clerk
AGREEMENT
This Agreement is made this MO r c )1 5 , 2002 by and between,
Contractor Yakima Housing Authority and hereinafter called Contractor and
having his principle place of business at 810 N. 6th Avenue, Yakima, WA
and, Homeowners, Yakima County Coalition for the Homeless whose
principle address is 107 S. 6th Street, Yakima, WA and the City of Yakima,
hereinafter called City whose principal address is 129 North Second Street,
Yakima, Washington 98901.
WITNESSETH
The Contractor and the Owner and the City for the consideration hereinafter
named and for other good and valuable consideration agree as follows:
1. CONTRACT. This contract shall consist of the Bid Amount, Draw
Request, and this Agreement, the Housing Rehabilitation Standards, the
Work Write-up/Plans and any exhibits.
2. CHANGES. No changes in the work covered by this contract shall be
made without having prior written approval of the Owner and the City in
writing.
3. PRICE. For the consideration mentioned herein the Contractor
proposes to furnish all the material and do all the work described in the
Work Write-up and Plans in accordance with all the provisions of this
contract for the lump sum price of: thirteen thousand fifty-five
and 90/100
4. PAYMENT. Progress payments are made as portions of the work are
completed to the satisfaction of the City and Owner as determined by
inspection.
Attached is a draw request, which the Contractor may use to apply for
payment on completion of each stage of the contract to the satisfaction of
the Owner and the City.
Progress payments shall be made within twenty days and the final
payment within thirty days after the City completes a satisfactory
inspection and received Contractor's invoice, written release of lien or
claims for lien by Contractor, subcontractors, laborers, and material
suppliers for work completed or materials installed on the premises.
The contractor may request the contract price in one lump sum from the
city within thirty (30) days after the completion of all work to satisfaction
of the city and owner as determined by inspection.
5. TIME OF PERFORMANCE AND LIQUIDATED DAMAGES. The
Contractor shall commence work to be performed under this contract by
3 /15 , 2002 and shall diligently pursue and execute the work
described herein completing such work by (o//5 , 2002. The time
for the completion of the work as permitted by this contract is admitted to
have been sufficiently advanced to allow resulting benefit to the
Contractor from earlier completion of work. Time, therefore, shall be of
the essence of this contract. If the Contractor shall fail to complete the
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work within the time specified in this contract, he shall pay the City as
liquidated damages in the amount of $25.00 dollars per calendar day that
the work remains uncompleted beyond the specified completion date
herein, unless there shall have been an extension of time granted by the
City. In the event of an extension of time, the Contractor shall pay the
City as liquidated damages the specified amount per calendar day for
each day the work remains uncompleted beyond the date fixed by the
extension of time.
The Contractor does hereby authorize the City to deduct such liquidated
damages from the amount due, or to become due, the Contractor. The
Contractor further agrees than any such deduction shall not in any
degree release him from further obligations and liabilities in respect to
the fulfillment of the entire contract. Liquidated damages shall not be
assessed the Contractor for unworkable days caused by weather
conditions, or omissions of the Owner, or for any other days for which
any extension of time has been granted.
6. SECURITY FUND. In the event the total contract price of this contract
shall exceed ten thousand dollars, and in lieu of a performance bond or
other security, the Contractor shall pay to the City an amount of money
equal to two percent of the total contract price. Such amount shall be due
and payable prior to any work starting and shall be non-refundable.
The City shall deposit such amount into a security fund together with like
amounts from like contracts to be applied by the City alone in the event of
breach of any of the terms of the contract by Contractor. The Owner shall
have no right to money contributed to such fund. The purpose of such
fund is to create a system of performance security for the entire City
rehabilitation loan program. Provided, that application of funds from the
security fund in the event of Contractor's breach shall in no way mitigate
or negate Contractor's liability for damages.
7 INSURANCE. Contractor shall furnish to the City and Owner evidence
of comprehensive liability insurance coverage protecting the Owner and
the City for not less than the total amount of $1,000,000.00 in the event
of bodily injury and death arising out of work performed under this
contract and the sum of $100,000.00 per event in the event of property
damage arising out of work performed under this contract.
Contractor shall carry and require that there be carried Employees
Liability Insurance in accordance with Washington law for all his
employees and those of his Subcontractors.
8. PERMITS. Contractor shall obtain at his own expense all permits and
licenses necessary for work under this contract.
9. CODE CONFORMANCE. Contractor shall perform and cause to be
performed all work in conformance with all applicable law, "rule and/or
regulation."
10. NON DISCRIMINATION IN GOVERNMENT EMPLOYMENT.
Executive Order 11246 Subpart B - Contractor's Agreements Sec. 202.
Except in contracts exempted in accordance with Section 204 of this
Order, all Government contracting agencies shall include in every
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Government contract hereinafter entered into the following provisions:
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and the employees are treated
fairly during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment, advertising; lay-off, or
termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
(3)
The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or
other contract or understanding, a notice to be provided by the
agency contracting officer, advising the labor union or worker's
representative of the Contractor's commitments under Section 202
of Executive Order No. 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(5)
The Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for the
purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the Contractor's noncompliance with the non-
discrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in while or in part and the Contractor may be declared
ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 11246 of September
24, 1965, and such other sanctions may be imposed and remedies
involved as provided in Executive Order No. 11246 of September 24,
1965, and such other sanctions may be imposed and remedies
involved as provided in Executive Order No. 11246 of September 24,
1965 or by rule, regulation or order of the Secretary of labor, or as
otherwise provided by law.
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(7)
The Contractor will include the provisions of paragraphs (1) through
(7) in every subcontract or purchase order unless exempted by
rules, regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246 of September
24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with
respect to any subcontractors or purchase order as the contracting
agency may direct as a means of enforcing such provision including
sanctions for noncompliance; Provided, however, that in the event
the Contractor becomes involved in or threatened with, litigation
with a subcontractor or vendor as a result of such direction by the
contracting agency, the Contractor may request the United States to
enter into such litigation to protect the interests of the United
States.
11. EMPLOYMENT OPPORTUNITIES FOR BUSINESS AND
LOWER INCOME PERSONS IN CONNECTION WITH
ASSISTED PROJECTS. TITLE 24 (A)The work to be performed
under this contract is on a project assisted under a program providing
direct Federal financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968 as amended, 12 U.S.C..
1701u. Section 3 requires that to the greatest extent feasible,
opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the
project be awarded to business concerns, which are located in, or owned
in substantial part by persons residing in the area of the project. (B)The
parties to this contract will comply with the provisions of said Section 3
and the regulations issued pursuant thereto by the Secretary of Housing
and Urban Development set forth in 24 CFR Part 135 and all applicable
rules and orders of the Department issued thereunder prior to the
execution of this contract. The parties to this contract certify and agree
that they are under no contractual or other disability, which would
prevent them from complying with these requirements. (C)The Contractor
will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or
workers' representative of his commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training. (D) The contract
will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or
recipient of Federal financial assistance, take appropriate action pursuant
to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development,
24 CFR Part 135. The Contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR Part 135 and will not let
any subcontract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations. (E) Compliance with the provisions of Section 3, the
regulations set forth in 24 CFR Part 135, and all applicable rules and
orders of the Department issued thereunder prior to the execution of the
contract, shall be a condition of the Federal financial assistance provided
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to the project, binding upon the applicant or recipient for such assistance,
its successors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its Contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant or loan
agreement or contract through which Federal assistance is provided, and
to such sanctions as are specified by 24 CFR Part 135.
12. If this contract is for a structure that will contain 5 of more dwelling units
after rehabilitation, the Contractor will, and will require his
subcontractors to abide by the Federal Labor Standards provisions, or use
supplemental Terms and Conditions for a Federal Rehabilitation Loan
Under Section 312 of Housing Act of 1964, as amended, for residential
properties containing 12 or more dwelling units, and HUD 3200, Federal
Labor Standards Provisions as Modified by form HUD 3200A, Addendum
to Federal Labor Standards Provisions.
13. LEAD BASE PAINT. Contractor will not use lead base paint materials
on any surface interior or exterior. Contractor will take all safety
precautions and strictly enforce them when removing lead base paint.
This building has been inspected and provisions made to correct "defective
paint conditions in accordance with Title 24, Subpart C 35.24 (B) (2).
14. CONDITION OF THE PREMISES. Contractor shall keep the
premises clean and orderly and remove all debris immediately upon
completion of work. Materials and equipment that have been removed
and replaced as part of the work herein shall belong to the Contractor.
15. NON ASSIGNMENT. Contractor shall not assign this contract or any
part thereof without the written consent of the Owner and the City.
Request for assignment shall be sent to the City in care of the Director of
Community and Economic Development.
16. GUARANTEE. Contractor shall perform or cause to be performed all
work under this contract in a good and workmanlike manner.
Furthermore, Contractor guarantees that all work performed under this
contract shall be free of defects in labor or materials for one year from date
of completion. Contractor shall furnish Owner with all suppliers and
manufacturer's written guarantees and warranties covering materials and
equipment furnished under this contract.
17. INSPECTION. Contractor shall permit officials of the United States and
the City to inspect work performed hereunder as well as to inspect
Contractor's books, records, correspondence, drawings, receipts,
vouchers, payrolls, agreements and other papers which relate to work
performed under this contract. Contractor shall preserve the
aforementioned records for two years after final payment hereunder.
18. OWNER'S COOPERATION. Owner shall permit Contractor to use, at
no cost, existing utilities on the premises including but not limited to
light, heat, electricity and water which are necessary to carry out the
completion of work under this contract. Owner shall cooperate with
Contractor to facilitate the performance of work in all reasonable ways,
including but not limited to, the removal of rugs, coverings, furniture and
appliances, as necessary.
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19. BREACH. Time is of the essence in performance of this contract. Upon
breach of any conditions within this contract, the City and the Owner may
send to the Contractor written notice at his address listed herein by
registered mail, return receipt request, setting out with particularity the
nature in the breach. If within ten days after mailing such notice,
Contractor has not satisfactorily remedied all breaches, the City and the
Owner may declare this contract in default. In addition to all other
remedies afforded by law, the City shall, upon Contractor's default,
withhold all payments to Contractor and the City and Owner may assign a
new Contractor to complete this contract. In the event of legal action
against the Contractor, arising out of this contract, the City and Owner
shall be entitled to the award of reasonable attorney's fees.
20. HOLD HARMLESS. The Contractor shall defend, indemnify, and hold
harmless the Owner and the City and any of its officials and employees
from any and all liability arising out of the performance of this contract.
Provided, that the indemnity provision of this section shall not apply to
damages arising out of bodily injury or property damage from sole
negligence of the City, its agents or employees.
Provided, further; that this section shall apply to damages arising out of
bodily injury to persons or damage to property caused by or resulting from
the concurrent negligence of the Contractor, his agents or employees and
the City, its agents and employees.
21. ANTI -KICK BACK PROVISION. That the Contractor shall comply
with the applicant regulations of the Secretary of Labor, United States
Department of Labor made pursuant to the so-called "Anti -Kickback Act,"
of June 12, 1934, (48 Stat. 948; 62 Stat. 862, Title 18 U.S.C., Sec. 874;
and Title 40 U.S.C., Section 276(c) and any amendments or modifications
thereof, shall cause appropriate provisions to be inserted in subcontracts
to ensure compliance therewith by all subcontractors subject thereto, and
shall be responsible for the submission of statements required of
subcontractors thereunder except as said Secretary of Labor may
specifically provide for reasonable limitations, variations, tolerances and
exemptions from the requirement thereof.
22. ARBITRATION. All claims and disputes arising out of this contract or
the breach thereof except for claims which have been waived by the
making or acceptance of final payment shall be decided by arbitration in
accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association then obtaining. This contract to
arbitrate shall be specifically enforceable under the prevailing arbitration
law. The award rendered by the arbitrator shall be final and binding on
all parties, and judgment may be entered upon it in any court having
jurisdiction.
Notice of the demand for arbitration shall be filed in writing with the other
parties to this contract. The demand for arbitration shall be made prior to
final payment. The City shall pay for and arrange arbitration proceedings
requested under this section.
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CONTRACTOR'S ACCEPTANCE
Yakima Housing Authority
OWNER'S ' CEPTANCE
ejor
Date
tu5,4-./
County Coalition for the Homeless Date
ACCEPTED BY
F. William Cobabe
Neighborhood Development Services Manager
illiam
irector
Dev
ook
Date
f Community and Economic
nt
f 27/k2
D to
Richard A. Zais, Jr. Date
City Manager
ATTEST Katt.Q..1,4„2
City Clerk
Contract No. 2002-12
Resolution No. R-2002-14
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.:
For Meeting of: February 19, 2002
ITEM TITLE: Yakima County Coalition for the Homeless is requesting HOME grant funding in
the amount of $13, 056 for exterior siding installation.
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: William Cobabe, Neighborhood Development Services,
Manager (575-6101)
SUMMARY EXPLANATION:
In January of 1995, Yakima County Coalition for the Homeless (YCCH) purchased a new tri-plex at 303
South 4' Street to house their homeless clientele. The tri-plex was a product of the pilot program
"Partnership for Innovation Housing" sponsored by Neighborhood Development Services and Yakima
Housing Authority. The program promoted development of affordable housing using innovative
materials, methods and effort from both public and private markets.
The exterior walls of the tri-plex were finished with a stucco -like material that has been slowly failing
since the first year and now it is beyond repair. The developer of the triplex is no longer in the Yakima
area and there is no warranty. All other components of the building are in good condition.
YCCH purchased the tri-plex in good faith, in which the exterior finish should have lasted much longer.
The requested $13, 056 would pay for the material and labor of installing new steel siding, which has a
life long warranty. YCCH lacks the financial resources for the new siding.
This request was discussed the City Council's Neighborhood Development Services Subcommittee
Meeting of February 5, 2002 and is being forwarded to Council with a recommendation to approve this
grant request.
Resolution X Ordinance Contract Other Specify
Funding Source: CDBG
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve Grant Request.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-14