HomeMy Public PortalAbout173-2011 - Metro - ATTACHMENTS TO NSP-3 - ThorCONTRACT DOCUMENTS
As referenced in Contract No. 173-2011
Article §9.1.3
Contract No. 173-2011 shall consist of the below listed documents. Any inconsistencies in this
Contract shall be resolved by giving precedence in the order in which the documents are listed
below:
(1) Neighborhood Stabilization Project Guidelines (and its attached Exhibits).
(2) Project Program (and its attached Exhibits).
(3) Owner's Additional Information.
(4) Contract No. 173-2011
(5) A-232-2009 General Conditions.
(6) Bid Specifications dated October 10, 2011 and any
associated drawings and addenda.
(7) Contractor's Response dated October 27, 2011, to Bid Specifications
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) GUIDELINES
As referenced in Contract No. 173-2011
Article §8.6
Confidentialitv and Access to Records.
All of the reports, information, data, etc. prepared or assembled by Thor or Thor's agent,
subcontractor, qualified contractor, or architect, under the Contract, are confidential and
Thor agrees that they shall not be made available to any individual or organization without
prior written approval of Richmond.
Thor understands, acknowledges, and agrees that the State of Indiana, the City as recipient,
HUD, the Comptroller General of the United States, or any of their duly authorized
representatives shall have access to any books, documents, papers and records of Thor or
Thor's subcontractors which are pertinent to this project as an NSP program for the purpose
of making audits, examinations, excerpts, and transcriptions.
2. Equal Opportunity Clause, Executive Order 11246.
During the performances of this Contract, Thor agrees as follows:
a) Thor will not discriminate against any employee or applicant for employment
because of race, creed, sex, color, or national origin. Thor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to race, creed, sex, color, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay
or other forms of compensation; and selection for training, including apprenticeship.
Thor agrees to post in conspicuous places information to be available as set forth in
the below provisions of this nondiscrimination clause.
b) Thor will, in all solicitations or advertisements for employees placed by or on
behalf of Thor, state that all qualified applicants will receive considerations for
employment without regard to race, religion, color, sex, national origin or handicap.
c) Thor 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 advising the said labor union or workers' representative of Thor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
d) Thor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
e) Thor will furnish all information and reports required by Executive Order 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
administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
f) In the event of Thor's non-compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations or orders, this contract may be
canceled, terminated or suspended in whole or in part and Thor may be declared
ineligible for further government contracts or federally assisted construction contracts
in accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the
Secretary of Labor, or as otherwise provided by law.
g) Thor will include the portion of the sentence immediately preceding paragraph `a'
and the provisions of paragraphs `a' through `g' 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 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or vendor. Thor will
take such action with respect to any subcontract or purchase order as the
administering agency may direct a means of enforcing such provisions, including
sanctions for non-compliance: Provided, however, that in the event Thor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result
of such Thor may request the United States to enter into such litigation to protect the
interests of the United States.
Richmond further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: provided, that if
Richmond so participating is a state or local government, the above equal
opportunity clause not applicable to any agency, instrument or subdivisions of such
government which does not participate in work on or under contract.
Richmond agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency
and the Secretary of Labor such information as they may require for the supervision
of such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
Richmond further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government
contract and federally assisted construction contracts pursuant to the executive order
and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by the administering
agency or the Secretary of Labor pursuant to Part II, Subpart D of the executive
order. In addition, Richmond agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions;
cancel, terminate or extending any further assistance to the applicant under the
program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate proceedings.
Standard Federal Equal Employment Opportunity
Construction Contract Specifications
(Executive Order 11246)
(A) As used in these specifications:
a. "Covered area" means the geographical area described in the
solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance
Programs, U.S. Department of Labor, or any person to whom the
Director delegates authority;
C. "Employer identification number" means the federal Social Security
number used on the employer's quarterly federal tax return, U.S.
Treasury Department Form-941.
d. "Minority" includes:
i. Black (all persons having origins in any of the black African
racial groups not of Hispanic origin);
ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish culture or origin,
regardless of race);
In. Asian and Pacific Islander (all persons having origins in any
of the original peoples of the Far East, Southeast Asia the
Indian subcontinent, or the Pacific Islands); and
iv. American Indian or Alaskan Native (all persons having
origins in any of the original peoples of North American and
maintaining identifiable trivial affiliations through
membership and participation or community identification).
(B) Whenever Thor or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each
subcontract in excess of $10,000.00 the provisions of these specifications and
the notice which is set forth in the solicitations from which this contract
resulted.
(C) If Thor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the plan area (including goals and timetables) shall be in accordance
with that plan for those trades which have unions participating in the plan.
Contractors must be able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each contractor or
subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the plan in each trade in which it has
employees. The overall good faith performance by other contractors or
subcontractors toward a goal in an approved plan does not excuse any
covered contractor's or subcontractor's failure to take good faith efforts to
achieve the plan goals and timetables.
(D) Thor shall implement the specific affirmative action standards provided in
paragraphs G 1 through 17 of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of
the total hours of employment and training of minority and female utilization
the contractor should reasonably be able to achieve in each construction trade
in which it has employees in the covered area. Thor is expected to make
substantially uniform progress toward its goals in each craft during the period
specified.
(E) Neither the provisions of any collective bargaining agreement, nor the failure
by a union with whom Thor has a collective bargaining agreement, to refer
either minorities or women shall excuse the contractor's obligations under
these specifications, Executive Order 11246, or the regulations promulgated
pursuant thereof.
(F) In order for the non -working training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees must be employed
by Thor during the training period. Thor must also have made a commitment
to employ the apprentices and trainees at the completion of their training,
subject to the availability of employment opportunities. Trainees must be
pursuant to training programs approved by the U.S. Department of Labor.
(G) Thor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of Thor's compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions.
Thor shall document these efforts fully, and shall implement affirmative
action steps at least as extensive as the following:
1. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites and in all facilities where employees
are assigned to work. Thor where possible, will assign two or more
women to each construction project. Thor shall specifically ensure that
all foremen, superintendents and other on -site supervisor personnel are
aware of and carry out Thor's obligation to maintain such a working
environment, with specific attention to minority or female individuals
working at such sites or in such facilities.
2. Establish and maintain a current list of minority and female recruitment
sources. Provide written notification to minority and female recruitment
sources and to community organizations when Thor or its unions have
employment opportunities available and maintain a record of the
organization's responses.
3. Maintain a current file of the names, addresses and telephone numbers of
each minority and female off -the -street applicant and minority or female
referral from a union, a recruitment source or community organization
and of what action was taken with respect to each such individual. If
such individual was sent to the union hiring hall for referral and was not
referred back to Thor by the union, or if referred, not employed by Thor,
this shall be documented in the file with the reason therefore; along with
whatever additional actions Thor may have taken.
4. Provide immediate written notification to the director when the union or
unions with which Thor has a collective bargaining agreement has not
referred to Thor a minority person or woman sent by Thor or when Thor
has other information that the union referral process has impeded Thor's
efforts to meet its obligations.
5. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee programs
relevant to Thor's employment needs, especially those programs funded
or approved by the Department of Labor. Thor shall provide notice of
these programs to the sources complied under G 2 above.
6. Disseminate Thor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting
Thor in meeting its EEO obligations; by including it in any policy
manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc.; by specific review of the policy
with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each locations where
construction work is performed.
7. Review, at least annually, the Thor's EEO policy and affirmative action
obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other
employment decisions including specific review of these items with on -
site supervisory personnel such as superintendents, general foremen, etc.,
prior to the initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and place of
these meetings, persons attending, subject matter discussed and
disposition of the subject matter.
8. Disseminate the Thor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media and providing written notification to and discussing Thor's
EEO policy with other contractors and subcontractors with whom Thor
does or anticipates doing business.
9. Direct its recruitment efforts, both oral and written, to minority, female
and community organizations, to schools with minority and female
students and to minority and female recruitment and training
organizations serving Thor's recruitment area and employment needs.
Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment
source, Thor shall send written notification to organizations such as the
above, describing the openings, screening procedures and tests to be used
in the selection process.
10. Encourage present minority and female employees to recruit other
minority persons and women, and where reasonable, provide after school,
summer and vacation employment to minority and female youth both on
the site and in other areas of the Thor's work force.
11. Validate all test and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
12. Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through appropriated
training, etc., such opportunities and encourage these employees to see or
the prepare for, through appropriate training, etc., such opportunities.
13. Ensure that seniority practices, job classifications, work assignments and
other personnel practices, do not have a discriminatory effect by
continually monitoring all personnel and employment related activities to
ensure that the EEO policy and Thor's obligations under these
specifications are being met.
14. Ensure that all facilities and company activities are non -segregated except
that separate or single -user toilet and necessary changing facilities shall
be provided to assure privacy between the sexes.
15. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
16. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Thor's EEO policies and affirmative action
obligations.
17. *Covered construction contractors performing contract in geographical
areas where they do not have a federal or federally assisted construction
contract shall apply the minority and female goals established for the
geographical area where the contract is being performed. Goals are
published periodically in the Federal Register in notice form and such
notices may be obtained from any office of Federal Contractor
Compliance Programs Office or from federal procurement contracting
officers. * Proposed Rule
(H) Contractors are encouraged to participate in voluntary associations, which assist
in fulfilling one or more of their affirmative action obligations (G 1 through
17). The efforts of contractor associations, joint contractor -union, contractor -
community, or other similar group of which the contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations
under G 1 through 17 of these specifications provided that the contractor
actively participates in the group, makes every effort to assure that the group
has a positive impact on the employment of minorities and women in the
industry, ensures that the concrete benefits of the program are reflected in the
contractor's minority and female workforce participation, makes a good faith
effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf
of the contractor. The obligation shall not be a defense for the contractor's non-
compliance.
(I) A single goal for minorities and a separate single goal for women have been
established. Thor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male
and female and all women, both minority and non -minority. Consequently,
Thor may be in violation of the executive order if a particular group is
employed in a substantially disparate manner. (For example, even though Thor
has achieved its goals for women generally, Thor may be in violation of the
executive order if a specific minority group of women is underutilized.)
(J) Thor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, national
origin or handicap.
(K) Thor shall not enter into any subcontract with any person or firm debarred from
government contracts pursuant to Executive Order 11246.
(L) Thor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension
termination and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contact Compliance Programs. Any
contractor who fails to carry out such sanctions and penalties shall be in
violation of these specifications and Executive Order 11246, as amended.
(M) Thor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards
prescribed in paragraph seven of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If
Thor fails to comply with the requirements of the executive order, the
implementing regulations, or these specifications, the director shall proceed in
accordance with 41 CFR 60-4.8.
(N) Thor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit
reports relating to the provisions hereof as may be required by the government
and to keep records. Records shall at least include for each employee the name,
address, telephone numbers, construction trade, union affiliation if any,
employee identification number when assigned Social Security number, race,
sex, status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records shall be maintained in an
easily understandable and retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be required to maintain
separate records.
(0) Nothing herein provided shall be construed as a limitation upon the application
of other laws which establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
3. NSP Funded Contract Provisions
Richmond and Thor shall include the following contract provisions or conditions in
all procurement contracts and subcontracts as required by NSP guidelines, IHCDA
guidelines, federal law, or the State of Indiana:
(A) Effective date of contract.
(B) Names and addresses of award recipient or sub recipient and contractor.
(C) Names of representatives of award recipient or sub recipient and contractor
who will act as liaison for administration of the contract.
(D) A citation of the authority of the award recipient under which the contract is
entered into and the source of funds.
(E) Contractual provisions or conditions that allow for administrative,
contractual, or legal remedies in instances in which a contractor violates or
breaches the contract terms, and provided for such remedial actions as may be
appropriate.
(F) Provisions for termination by the award recipient, including the manner by
which termination shall be effected and the basis for settlement. In addition,
such contracts shall describe conditions under which the contract may be
terminated for default as well as conditions where the contract may be
terminated because of circumstances beyond the control of the contractor.
(G) Scope of Services:
i. Detailed description of extent and character of the work to be
performed.
II
ii. Time for performance and completion of contract services, including
project milestones, if any.
iii. Specification of materials or other services to be provided by both
parties (e.g., maps, reports, printing, etc.)
iv. An access to records clause including a provision that all negotiated
contracts awarded by recipients shall include a provision to the effect
that the state, the recipient, HUD, the Comptroller General of the
United States, or any of their duly authorized representatives shall
have access to any books, documents, papers and records of the
contractor which are pertinent to a specific program for the purpose of
making audits, examinations, excerpts, and transcriptions.
V. A Conflict of Interest Clause.
vi. Provisions for compensation of services, including the basis for
submission of billings as the work progresses and specification of the
total contract amount.
(H) Bonding and Insurance Requirements, if applicable.
(I) Federal Standards Provisions
i. Equal Employment Opportunity — Executive Order 11246; Equal
Opportunity Clause, goals for female and minority participation and
implementing regulations.
ii. Rights to Inventions Made Under a Contract or Agreement..
iii. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), as amended.
iv. Byrd Anti -Lobbying Amendment (31 U.S. C. 13 52).
V. Debarment and Suspension (Executive Orders 12549 and 12689).
(J) Section 3 requirements.
Executive Order 12138: Women Business Enterprise Policy.
For purposes of this Order, affirmative action may include, but is not limited to,
creating or supporting new programs responsive to the special needs of women's
business enterprise, establishing incentives to promote business or business -related
opportunities for women's business enterprise, collecting and disseminating
information in support of women's business enterprise and ensuring to women's
business enterprise knowledge of any ready access to business -related services and
resources. In implementing this Order an agency undertakes to use or to require
compliance with numerical set -asides or similar measures. It shall state the purpose
of such measures and the measure shall be designed on the basis of pertinent factual
findings of discrimination against women's business enterprise and the need for such
measure.
Conflict of Interest — 24 CFR Part 570
Thor shall comply with 24 CFR Part 570 in its entirety which regulation is
incorporated herein by reference.
Richmond and Thor shall maintain a written code or standards of conduct, which
shall govern the performance of their officers, employees or agents engaged in the
award and administration of contracts supported by federal funds. No employee,
officer or agent of the grantee shall participate in selection, or in the award or
administration of a contract supported by federal funds if a conflict of interest, real or
apparent, would be involved. Such a conflict would arise when:
a. The employee, officer or agent;
b. Any member of his/her immediate family;
C. His or her partner; or
d. An organization which employs, or is about to employ, any of the above, has
a financial or other interest in the firm selected for award.
Richmond and Thor officers, employees or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties to sub -agreements. To the extent permitted by state or local
law or regulations, such standards of conduct shall provide for penalties, sanctions, or
other disciplinary agents or by contractors or their agents.
6. Required Federal Contract Provisions
Thor shall comply with and require subcontractors, architects, and qualified
contractors, to comply with the Federal Contract provisions required by the Federal
HUD "Section 3" Requirements as set forth in the attached Exhibit A, and the NSP
guidelines, as set forth in the attached Exhibit B.
7. MCDA Regulation Compliance
Thor shall comply with any and all MCDA rules and regulations that are applicable to this
NSP project and not specifically mentioned in or incorporated into this Contract.
PROJECT PROGRAM
As referenced in Contract No.173-2011
Article §8.6
WHEREAS, the City of Richmond (City or Richmond) has been awarded a Community
Development Block Grant (CDBG) though the Indiana Housing and Community Development
Authority (IHCDA) under provisions of the Housing and Community Development Act of 1974, as
amended, (the Act), specifically through the Neighborhood Stabilization Program (NSP-3) grant;
WHEREAS, the grant will be administered by the City's Department of Metropolitan
Development with the assistance of Star Development, Inc., (Star) in order that the environmental
review services, the grant administration services, and the program delivery services will be
conducted pursuant to the NSP grant guidelines;
WHEREAS, the construction being conducted pursuant to the NSP grant guidelines will be
overseen by the Construction Manager, Crane, Inc. (Crane) in order that the construction services
may proceed in a timely, efficient, and cost -saving manner;
WHEREAS, the geographic area covered by the grant, commonly known as the Valle
Neighborhood, consists of approximately eleven (11) single family residents and vacant lots which
are either vacant/abandoned or foreclosed properties;
WHEREAS, the Valle Neighborhood geographic area properties covered by the grant will be
acquired by the City of Richmond (City) and at least three (3) of the properties will be rehabilitated
and resold to buyers at or below fifty (50%) percent of the Area Median Income (AMI) during the
initial phase of the NSP-3 project ("Phase P').
WHEREAS, the City of Richmond has determined that the services of a Contractor is
necessary to provide rehabilitation construction on two (2) single family houses under this NSP-3
project and certain Bid Specifications (also referred to as Construction Specifications) dated October
10, 2011, have been made available for inspection by Richmond, is on file in the office of
Department of Metropolitan Development of the City, and is hereby incorporated by reference and
made a part of this Agreement. Thor Construction Company, A Division of Carroll Electric, Inc.
(hereinafter "Thor") agrees to abide by the same;
WHEREAS, the response of Thor to said Request for Qualifications is attached hereto as
Exhibit A, which Exhibit was received October 27, 2011, consists of twelve (12) pages, and is hereby
incorporated by reference and made a part of this Agreement; and
WHEREAS, the scope list for each project location address is attached hereto as Exhibit B,
which Exhibit consists of four (4) pages, and is hereby incorporated by reference and made a part of
this Agreement; and
WHEREAS, Richmond desires to engage Thor to render certain assistance in connection
with such undertakings in Richmond.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Project Program Services
Thor shall perform for the City of Richmond all necessary services under this contract in
connection with the rehabilitation construction of two (2) single family houses for the NSP-3
project and shall do, perform, and carry out, in a satisfactory and proper manner, pursuant to
all NSP and IHCDA guidelines, the following:
a. Comply with the Bid Specifications dated October 10, 2011, and all addenda attached
to those specifications;
b. Comply with the respective scope list for each project location address;
C. All work must conform to the applicable materials and workmanship standards of the
City of Richmond and the State of Indiana. All applicable laws, ordinances, and rules
and regulations of all authorities having jurisdiction over the project shall apply to the
project throughout. Firms will be required to comply with all applicable Equal
Employment Opportunity laws and regulations, including Section 504 of the
Rehabilitation Act of 1983 and all Federal Regulations contained in CFR Part 85,
OMB Circular A-102 and OMB Circular A-87;
d. Work performed under this NSP-3 funded project must comply with the IHCDA goal
of a ten (10%) percent participation by small, minority -owned, and/or women's
business enterprise (DBE).
e. Thor shall assist, communicate, and cooperate with the City, Crane, and Star in order
to assure that City, Star, Crane, prime contractors, and subcontractors all comply with
applicable federal, NSP, and MCDA guidelines.
OWNER'S ADDITIONAL INFORMATION
As referenced in Contract No. 173-2011
Article §8.6
1. Compliance with Laws.
Thor shall comply with all applicable laws, ordinances, and codes of the Federal, State, and
Local governments.
2. Term of Agreement.
This Agreement shall become effective when signed by all parties and shall continue in effect
until completion of the rehabilitation construction of the two (2) single family houses. As set
forth in § 3.3 of Contract No. 173-2011, time is of the essence and the Work shall commence
within seven (7) days after the Construction Manager delivers the purchase order to
Contractor. The Contractor shall achieve Substantial Completion (as defined in § 9.8.1 of the
AIA232-2009 General Conditions) of the entire Work not later than One Hundred Fifty (150)
Days after the date of commencement of the Work as set forth in Contractor's response to the
invitation to bid. In the event services are still being performed and the Work is not
Substantially Completed (at any of the location addresses listed in this Agreement) by
Contractor under this Agreement, liquidated damages in the amount of Two Hundred Dollars
($200.00) per day for each day past the time for completion as set forth above will be
deducted from Contractor's retainage.
3. Compliance With Worker's Compensation Law.
Thor agrees and acknowledges that it is an independent contractor and will not seek
Worker's Compensation coverage from Richmond in the event that one of Thor's agents,
employees or contractors is injured while performing the terms of this Agreement. Thor
further acknowledges that it will comply with Indiana Worker's Compensation law. If Thor
is an out of state employer and therefore subject to another state's worker's compensation
law, Thor may choose to comply with all provisions of their home state's worker's
compensation law.
4. COMPLIANCE WITH COMMON CONSTRUCTION WAGE LAW
Contractor shall comply with all provisions of Indiana Code 5-16-7 Common Construction
Wage law, and shall, during all of Contractor's work under this Agreement, provide the City
with complete and accurate certified payroll documents. Contractor shall use the forms
provided by the Department of Public Work and Engineering, unless Contractor has
comparable software to generate the certified payroll documents and such software is
approved by the City. Such documents shall be submitted within forty-eight (48) hours of
each pay period for work completed under this Agreement. Should Contractor fail to timely
supply the City with said documents, or if the City has questions concerning the documents
submitted, City reserves the right to do any of the following:
a. Stop payments to Contractor under this Agreement;
b. Interview employees to verify wage payments;
C. Request from Contractor copies of cancelled payroll checks;
d. Report Contractor to the Indiana Department of Labor;
e. Report Contractor to the Internal Revenue Service;
f. Consider Contractor to be "non -responsive";
g. Consider Contractor to be in breach of this Agreement; and/or
h. Refuse to hire Contractor for future Contracts with the City.
Withheld payments will not be reinstated until proper certified payroll documents are
submitted to the City.
Prohibition Against Discrimination.
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Thor, any subcontractor, or any person
acting on behalf of Thor or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Thor, any sub -contractor, or any person action on behalf of Thor or any
sub -contractor shall in no manner discriminate against or intimidate any employee
hired for the performance of work under this Agreement on account of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Thor by Richmond
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated in
violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by Richmond and all
future earnings may be forfeited, in the event of a second or any subsequent violation
of the terms or conditions of this section of the Agreement.
5. Violation of the terms or conditions of this Agreement relating to
discrimination or intimidation shall be considered a material breach of this
Agreement.
6. Compliance with Indiana E-Verify Requirements.
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit affirming that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages.
7. Access to Public Records.
Parties understand, acknowledge, and agree that any information received by the Owner may
be considered a public record under the Indiana Access to Public Record law and may be
treated as such.
8. Miscellaneous.
This writing constitutes the entire Agreement between the parties, although it may be altered
or amended in whole or in part at any time by filing with the Agreement a written instrument
setting forth such changes signed by both parties. Any previous discussion, negotiation or
dialogue relating to the subject matter contained herein is superseded by this Agreement.
Furthermore, both parties agree that no discussion, representation or negotiation, other than
that contained herein, has transpired relating to the subject matter of this agreement and that
neither party is relying upon any negotiation or discussion that took place prior to this
agreement. Furthermore, both parties agree that this contract is contingent upon Richmond
being awarded the NSP Grant by Indiana Housing and Community Development Authority.