HomeMy Public PortalAbout174-2011 - Metro - ATTACHMENTS TO NSP-3 - TradCONTRACT DOCUMENTS
As referenced in Contract No. 174-2011
Article §9.1.3
Contract No. 174-2011 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. 174-2011
(5) A-232-2009 General Conditions.
(6) Bid Specifications dated October 25, 2011 and any
associated drawings and addenda.
(7) Contractor's Response dated November 17, 2011, to Bid Specifications
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) GUIDELINES
As referenced in Contract No. 174-2011
Article §8.6
Confidentialitv and Access to Records.
All of the reports, information, data, etc. prepared or assembled by Trademark or
Trademark's agent, subcontractor, qualified contractor, or architect, under the Contract, are
confidential and Trademark agrees that they shall not be made available to any individual or
organization without prior written approval of Richmond.
Trademark 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 Trademark
or Trademark'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, Trademark agrees as follows:
a) Trademark will not discriminate against any employee or applicant for
employment because of race, creed, sex, color, or national origin. Trademark 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. Trademark agrees to post in conspicuous places
information to be available as set forth in the below provisions of this
nondiscrimination clause.
b) Trademark will, in all solicitations or advertisements for employees placed by or
on behalf of Trademark, state that all qualified applicants will receive considerations
for employment without regard to race, religion, color, sex, national origin or
handicap.
c) Trademark 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
Trademark's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
d) Trademark 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) Trademark 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 Trademark'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 Trademark 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) Trademark 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.
Trademark 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
Trademark becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such Trademark 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);
iii. 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 Trademark 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 Trademark 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) Trademark 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.
Trademark 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 Trademark 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 Trademark during the training period. Trademark 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) Trademark shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of Trademark's compliance with
these specifications shall be based upon its effort to achieve maximum results
from its actions. Trademark 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. Trademark where possible, will assign two or
more women to each construction project. Trademark shall specifically
ensure that all foremen, superintendents and other on -site supervisor
personnel are aware of and carry out Trademark'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 Trademark 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 Trademark by the union, or if referred, not employed by
Trademark, this shall be documented in the file with the reason
therefore; along with whatever additional actions Trademark may have
taken.
4. Provide immediate written notification to the director when the union or
unions with which Trademark has a collective bargaining agreement has
not referred to Trademark a minority person or woman sent by
Trademark or when Trademark has other information that the union
referral process has impeded Trademark'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 Trademark's employment needs, especially those programs
funded or approved by the Department of Labor. Trademark shall
provide notice of these programs to the sources complied under G 2
above.
6. Disseminate Trademark's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in
assisting Trademark 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 Trademark'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 Trademark'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
Trademark's EEO policy with other contractors and subcontractors with
whom Trademark 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 Trademark'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, Trademark 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 Trademark'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 Trademark'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 Trademark'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. Trademark, 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,
Trademark may be in violation of the executive order if a particular group is
employed in a substantially disparate manner. (For example, even though
Trademark has achieved its goals for women generally, Trademark may be
in violation of the executive order if a specific minority group of women is
underutilized.)
(J) Trademark 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) Trademark shall not enter into any subcontract with any person or firm
debarred from government contracts pursuant to Executive Order 11246.
(L) Trademark 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) Trademark, 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
Trademark 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) Trademark 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 Trademark 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. 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.
4. 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
Trademark shall comply with 24 CFR Part 570 in its entirety which regulation is
incorporated herein by reference.
Richmond and Trademark 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 Trademark 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
Trademark 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
Trademark 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.174-2011
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 demolition services on one (1) lot and new construction of a total of four (4)
single family houses under this NSP-3 project and certain Bid Specifications (also referred to as
Construction Specifications) dated October 25, 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. Trademark Construction,
LLC (hereinafter "Trademark") agrees to abide by the same;
WHEREAS, the response of Trademark to said Request for Qualifications is attached hereto
as Exhibit A, which Exhibit was received November 17, 2011, consists of twenty (20) 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 twenty (20) pages, and is hereby incorporated by reference and made a part
of this Agreement; and
WHEREAS, Richmond desires to engage Trademark 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
Trademark shall perform for the City of Richmond all necessary services under this contract
in connection with demolition services on one (1) lot and new construction of a total of four
(4) 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 25, 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. Trademark 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 IHCDA guidelines.
OWNER'S ADDITIONAL INFORMATION
As referenced in Contract No. 174-2011
Article §8.6
Compliance with Laws.
Trademark 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 demolition services on one (1) lot and new construction of a total of four
(4) single family houses. As set forth in § 3.3 of Contract No. 174-2011, 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.
Compliance With Worker's Compensation Law.
Trademark 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 Trademark's
agents, employees or contractors is injured while performing the terms of this Agreement.
Trademark further acknowledges that it will comply with Indiana Worker's Compensation
law. If Trademark is an out of state employer and therefore subject to another state's
worker's compensation law, Trademark 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, Trademark, any subcontractor, or any
person acting on behalf of Trademark 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 Trademark, any sub -contractor, or any person action on behalf of
Trademark 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 Trademark 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.