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111-2012 - Metro - Thor Construction - NSP 3 (1)
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR CONSTRUCTION MANAGER AS ADVISER Agreement made as of the day of , 2012. BETWEEN the Owner: City of Richmond, Indiana (by and through its Board of Public Works and Safety) 50 North fifth Street Richmond, Indiana 47374 and the Contractor: Thor Construction I I I I Northwest "T" Street Richmond, IN 47374 for the following Project: Vaile Neighborhood Stabilization Project (NSP-3) Rehabilitation of house (also known as Base Bid Package A) located at: 123 South 10"' Street, Richmond, Indiana The Construction Manager: Crane, Inc_ P.O. Box 1823 Richmond, Indiana 47375 The Owner and Contractor agree as follows. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION Contract Number 111-2012 1 7 TERMINATION OR SUSPENSION S MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to'be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement. § 3.2 The Contract time shall be measured from the date of commencement. § 3.3 Time is of the essence. As such, 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 the of the location address 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. Subject to adjustments of this Contract Time as provided in the Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be a stipulated sum, in accordance with Section 4.2 below. 2 § 4.2 Stipulated Sum §4.2.1 The Stipulated 'Sum shall be One Hundred Eighty-seven Thousand Dollars and Zero Cents ($187,000.00), subject to additions and deletions as provided in the Contract Documents. Contractor understands, acknowledges, and agrees that the Stipulated Sum is contingent upon the availability and receipt of funds or program income from the NSP-3 grant money. Contractor understands, acknowledges, and agrees that in the event the availability and receipt of funds or program income from the NSP-3 grant money by the Owner is terminated or suspended, the Owner has the discretion to terminate this Agreement as provided in Section 14.4 of AIA Document A232-2009 (General Conditions). §4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: On July 19, 2,012, Contractor was awarded the amount set forth in §4.2.1 above for the completion of services as set forth in the June 21, 2012, Bid Specifications (`Bid Specifications"). §4.2.3 Unit Prices, if any, are set forth in the Bid Specifications. §4.2.4 Allowances included in the Stipulated Sum, if any, are set forth in the Bid Specifications ARTICLE 5 PAYMENTS §5.1 Progress Payments §5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and issuance by the Construction Manager, the Owner shall make progress payments on account of the Contract Sum to the Contractor as ..provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. §5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 7th day of a month, the Owner shall make payment of the certified amount in the Application for Payment -to the Contractor not later than the 30th day of the next month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than 60 days after the Construction Manager -receives the Application for Payment. 3 §5.1.4 Progress Payments Where the Contract Sum is based on a Stipulated Sum §5.1.4.1 Each application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager may require. This schedule, unless objected to by the Construction Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract 'sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in §7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitable stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager has withheld or nullified a Certificate for Payment as provided in §9.5 of the General Conditions. §5.1.4.4 Reduction or limitation of retainage, if any, shall be pursuant to Indiana Code 36-1-12-13, as applicable. §5.2 Final Payment §5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contract when the Contractor has fully M performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 (General Conditions) and to satisfy other requirements, if any, which extend beyond final payment; and a final Certificate for Payment or Project Certificate for Payment has been issued by the Construction Manager; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment. ARTICLE 6 DISPUTE RESOLUTION §6.1 Initial Decision Maker The Construction Manager will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 (General Conditions). §6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document 232-2009 (General Conditions), the method of binding dispute resolution shall be litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION §7.1 Where the Contract Sum is a Stipulated Sum §7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 (General Conditions). §7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 (General Conditions). ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 (General Conditions) or another Contract Document, the reference refers -to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract share bear interest fiom the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. One percent (1%) §8.3 The Owner's representative: Tony Foster, Director of Department of Metropolitan Development 50 North Fifth Street Richmond, IN 47374 §8.4 The Contractor's representative: Daniel D. Stamper Thor Construction 1111 Northwest "T" Street Richmond, IN 47374 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §8.6 Other provisions: This document (Contract Number 111-2012) attaches and incorporates the following: Neighborhood Stabilization Project Guidelines; Project Program; Owner's Additional Information; AIA Document A232-2009 '(General Conditions); and Contract Documents. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. §9.1.1 The Agreement is executed Agreement Between Owner and Contractor, Contract Number 111-2012. §9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. `§9.1.3 The Supplementary and other Conditions of the Contract: See attached "Contract Documents" which are listed in order of precedence, and incorporated by reference. §9.1.4 The Specifications: June 21, 2012, Bid Specifications �"Bid Specifications") and their associated drawings were provided to Contractor, which Bid Specifications are on file in the office of the Construction Manager and in the office of the Department of Metropolitan Development for the City of Richmond, and are incorporated herein by reference. n §9.1.5 The Drawings: The Bid Specifications associated drawings were provided to Contractor, which Bid Specifications are on file in the office of the Construction Manager, and are incorporated herein by reference. §9.1.6 The Addenda, if any, are attached to the Bid Specifications. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents, if any forming part of the Contract Documents are: .1 AIA Document AI32Tm-2009, Exhibit A, Determination of the Cost of the Work, if applicable or attached. .2 AIA Document E20ITm-2007, Digital Data Protocol Exhibit. .3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed. .4 Other documents are listed on the attached "Contract Documents" which are listed in order of precedence, and incorporated by reference. ARTICLE 10 INSURANCE AND BONDS Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Section 2. Bodily Injury Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence VA D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each aggregate IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. illvffl'-,9• THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and `Safety By: Vicki Robinson, President By: )A&W --� Ya'awyb ian Lawson, Member By: Z�� Anthony VFoster, If, Member Date: `13—/)-- APPROVED: ti Sarah L. Hutton, Mayor Date: q1W /-,Z-, "CONTRACTOR" Thor Construction I I I I Northwest "T" Street Richmond, IN 47374 Printed:.VA&(4�Z- D�4/17j��'k Title: Date: 8 CONTRACT DOCUMENTS As referenced in Contract No. 111-2012 Article §9.1.3 Contract No. 111-2012 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. 111-2012 (5) A-232-2009 General Conditions. (6) BidSpecifications dated June 21, 2012, and any associated drawings and addenda. (7) Contractor's Response dated July 12, 2012, to Bid'Specifications NEIGHBORHOOD STABILIZATION PROGRAM NSP GUIDELINES As referenced in Contract No. 111-2012 Article §8.6 1. Confidentiality 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. Egual O ortuni 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) Thom will furnish all information and reports required byExecutive 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. BIack (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 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 LG 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. (p) 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: 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 Iocations 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. S. 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 ( 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 (QLI 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). 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: L 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. (1) 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. 1352). 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. 5. Conflict of Interest — 24 CFR-Part570 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. IHCDA Regulation Compliance Thor shall comply with any and all IHCDA rules and regulations that are applicable to this NSP project and not specifically mentioned in or incorporated into this Contract. Section 3 Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C_ 170lu (Section 3). The purpose of the Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations- C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will Post copies of the notice in conspicuous places at the wort: site where both employees and applicants for training and employment positions can see the notice_ The notice shall describe the Section 3 preference, shall set for minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and dhe anticipated date the wort- shall begin. D. The contract agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (I) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 13 5. 1~. Noncompliance with HUD regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension front future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indiana housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act. 25 U.S.C_ 450e) also applies to the work - to be performed under this contract. Section 7 (b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to .Indians, and (2) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-ovvned economic enterprises: Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)_ EXHIBIT PAGE _L_QI+ _. Exhibit D FEDERAL CONTRACT PROVISIONS All contracts (including small purchases), awarded with Indiana Housing and Community Development Authority Neighborhood Stabilization Program (NSP) funds must contain the following provisions: 1. Equal Employment Opportunity The contractor and any subcontractors shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Rights to Inventions Made Under a Contract or Agreement Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Invention Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 3. 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 For contracts and subcontracts of amounts in excess of $100,000 the contractor or subcontractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Agency (EPA). 4. Byrd Anti -Lobbying Amendment (31 U.S.C. 13.52) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 5. Debarment and Suspension (E.O.s 12549 and 12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. EXHIBIT_.„ PAGE 1 OF Procurement. Procedures Neighborhood Stabilization Program Revised May 2009 Peter Hunt PROJECT PROGRAM As referenced in Contract No. 111-2012 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 Vaile Neighborhood, consists of approximately eleven (11) single family residents and vacant lots which are either vacant/abandoned or foreclosed properties; WHEREAS, the Vaile 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%) pereent of the Area Median Income (AMI) during the initial phase of the NSP-3 project ("Phase I"). WHEREAS, the City of Richmond has determined that the services of a Contractor is necessary to provide rehabilitation services on one (1) -lot under this NSP-3 project and certain Bid Specifications (also referred to as Construction Specifications) dated June 21, 2012, have been made available for inspection by Richmond, is on file in the office of Department of Metropolitan Development and the Department of Purchasing for the City, and is hereby incorporated by reference and made a part of this Agreement. Thor Construction (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 July 12, 2012, consists of five (5) pages, and is hereby incorporated by reference and made a part of this Agreement; and WHEREAS, the scope and subcontractor list for the project location address is attached hereto as Exhibit B, which Exhibit consists of three (3) 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: I. Scope of Project Program Services Thor shall perform for the City of Richmond all necessary services under this contract in connection with rehabilitation services of one (1) house located at 123 South 10" Street, in Richmond, Indiana, 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 June 21, 2012, 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 IHCDA guidelines. _EXHIBIT PAGE __LP Ui w � 0 V LU LO Q z o Q m� y, 0 M o H n CO ri a LL Oca o m LL LL D L) .,LO o 0 u) 0 tn. 0 �3 P� � � 4 EXHIBIT PAGE. State Form 52414 Prescribed by State Board of Accounts Form No. 96 (Revised 2005) CONTRACTOR'S DID FOR PUBLIC WORK — FORM 96 -ART I (To be completed for all bids. Please type or print) Date: 7/12/12 1. Governmental Unit (Owner): City of Richmond, IN 2. County: Wayne 3. Bidder (Firm): Thor Construction Company Address: 1111 Northwest "T" Street City/State: Richmond,IN 47374 4, Telephone Number. 765--962-6553 5. Agent of Bidder (if applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of City of Richmond Indiana (Governmental Unit) in accordance with plans and specifications prepared by Crane Inc. and dated 6/21/12 for the sum of "See Bid Forme" i The - undersigned further agrees to furnish a bond or. certified check with this bid for an amount specified in the . notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will:be specifically referenced at the applicable pager If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract ifaccepted. by the governmental unit. If the bid is tobe awarded. on a unit basis; theitemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or.intimidate any employee, or applicant for employment, to be -employed in the performance -of this contract, with respect to any matter _.directly or indirectly related to employment because of race, religion, color,- sex, national origin or ancestry. Breach of this covenant 'may be regarded as a material breach of the contract. f ERTIRC-ATIO:N OF USE OF. UNITED STATES. STEEL PRODUCTS (If. applicable) 1, . the undersigned bidder or agent as a -contractor on .a public works project, understand my statutory obligation to use steel .products made in the United States (LC. 5-tC-8-2): I hereby certify that ! and all subcontractors employed by 'me for this project will use' U.S. steel products on this project if awarded. ! understand that violations hereunder may result. in forfeiture of. contractual p'ayinents. i � 5 :i ,. 3. EXHIBIT TV PAGE. Have you ever failed to complete any work awarded to you? No if so, where and why? 4.. List references from private firms for which you have performed work. Tiedemann—Bev's Industries SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete: the project; number of workers, etc. and any other information which you . believe would enable the governmental unit to consider your bid.) Work can begin on notice. 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are` unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the. completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. No, subcontract bonds required. 4. What equipment do you have available to use for the proposed project? Any equipment to:be used by: subcontractors Ina also be required to be listed - the governmental unit. Y q b m n t. Y g All equipment necessary is available. 5. Have you entered.into contracts or. received offers for all materials.which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed . Yes SECTION III CONTRACTOR'S -FINANCIAL -STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial . statement as required by. statute shall thereby be rendered invalid. The financial statement provided. hereunder to the jGveming body awarding the contract must be specific enough in detail so that said goveming.body can make a proper determination of the bidder's capability for completing the. project if awarded. F. i L y City of Richmond EXHIBITPAGE F Wayne County — Richmond, .Indiana Rehabilitation Program construction Specifications RED FORM FOR THE NEIGHBORHOOD REHABILITATION PROGRAM RICHMOND, INDIANA DUE: OS DULY 12 @-5:UOPM Following notices given and haviina carefull y examined the Contract Documents as well as the premises and conditions affecting the work, the undersigned proposes to furnish all labor and materials, necessary tools, expendable equipment, and all utility and transportation services to perform all work required by and in accordance with the above named documents, prepared b p p Y SINGL>; DID PROPOSALS Bidder agrees to perform all items of work as shown on the drawings and/or described in the Specification and Addenda, for complete construction for the amounts as follows: 00 4100 BID TABULATION � P ' L j f I y ..., .. 'i F.. ..... _,_. ,. .,. .. .- ,. Thor Construction Company 0F�7 General Construction/Construction Management SCOPE OF WORK. HOME REHABS FOR THE CITY OF RICHMOND 123 SOUTH 10TH STREET REMOVE ALL INTERIOR TRIM, SAND SMOOTH ALL PAINT AND OR VARNISH ON TRIMS. RE -INSTALL TRIMS.ADJUST AND REPAIR OR REPLACE IF NECESSARY ALL INTERIOR, EXTERIOR DOORS AND WINDOWS TO FUNCTION PROPERLY REMOVE ALL PLASTER AND LATH ON ALL INTERIOR WALLS AND CEILINGS OF HOME. INSTALL R-13 FACED INSULATION ON ALL EXTERIOR FRAME WALLS. INSTALL R-38 BLOWN INSULATION IN ALL CEILINGS. HANG AND FINISH % DRYWALL ON WALLS AND 5/8 FIRECODE ON CEILINGS.STOMP TEXTURE ALL CEILINGS. REMOVE ALL TRANSITE SIDING INSTALL NEW CEMENT BOARD SIDING ON HOUSE. REMOVE BACK ADDITION, STAIRWAY AND CLOSE IN DOOR ON SECOND FLOOR. REMOVE ALL ROOFING FROM ENTIRE HOME. INSTALL 1/ ROOF SHEALTHING, 15 LB FELT, ALUMINUM DRIP EDGE, 30 YEAR SHINGLES # 750 ROOF VENTS 30 AS NEEDED FOR VENTILATION. BUILD NEW 18X22 GARAGE - REMOVE OLD SIDEWALKS RE -POUR NEW SIDEWALK ON SOUTH SIDE OF HOME, POUR 12FT X 12 FT. PATIO IN BACK OF HOUSE. POUR SIDE WALK TO BACK OF GARAGE. INSTALL 1 NEW KITCHEN CABINETS AND TOPS - INSTALL ALL ELECRICAL TO CODE AND SPECS. 1111 N.W. T St. Richmond, 1N 47374 Ph: 765-962-6553 Fax: 765-966-9020 . - � .. .. _i'g PLUMBING TO BE ALL NEW TO CODE AND SPECS INSIDE OF HOUSE, CONNECTING TO EXISTING SANITARY AND EXISTING WATER LINES IN HOUSE. HVAC TO BE ALL NEW TO CODE AND SPECS. _ INTERIOR PAINTING EXHIBIT PAGE4 EXTERIOR PAINTING GUTTERING MAKE FOUNDATION REPAIR PER ADDENDUM_ ALLOWANCES - FLOORING-6,000.00 PLUMBING FIXTURES-2,000.00 LIGHT FIXTURES-2,000.00 CABINETS AND TOPS-3000.00 APPLIANCES-5,000.00 LANDSCAPING-1500.00 TOTAL ALLOWANCES-19,500.00 Home Rehab for the City of Richmond 123 South 1CP Street LIST OF SUBCONTRACTORS: WAYNE CONCRETE CONTRACTORS RINEHARTS LAWN CARE TERRY FARMER RICHMOND CONTRACTORS BROOKS& SCHWAB PLUMBING WALLACE HEATING & AIR CLAYTON ELECTRIC H&RGUTTER PAUL BISKER CONTRACTING 1111 N.W. T St. • Richmond, IN 47374 0 Ph: 765-962-6553 Fax: 765-966-9020 OWNER'S ADDITIONAL INFORMATION As referenced in Contract No. 111-2012 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 of the house located at I23 'South 101" Street in Richmond, Indiana. As set forth in § 3.3 of Contract No. 111-2012, 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. Complia.nce 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 certfied 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; £ 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. 5. 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. S. 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. a Dote# --o A1A :.., . Conditions of4he -on## for � sf�ruc ror, ON 7, 11, n IVfanage� Y user Edition x...� -'_ 611Gwing PROJECT: -,@. and location or addea# ^��.,;t- _� _ - 4 - - Z.This docurilent has impornt leaf r f --�ora�uences Consulta4onv+n#li encou77ifii _.-- e OONSTIaJONi?N _ EI#: t3., ct;t9,its cgmple~lofl,?r xrfS - - . - Ti EL jo 4?ifa=GiCTb CONSTR<iCTioN MANAGER SUQPNTRACTORS 6 CONSTRUCTION BY OWNER OR i3Y OTH-R-CONTRAC `ORS L x ` CHANGES IN THE WORK aOn. qB152' . 2009 8t�na r►ard;' bf Agreement 8etvsreen p TIKE PAYMENTS AND COMPLET ON r.10 - „ :.PROTECTION OF PERSQN-'A I' tap #tiY 1' kIU)rIZINC ANDORR�CTION OF WORK �'� �.'iS� � � ���MISC��.�4NEOU5 PROVaSIONS 14 TERMINATION OR SUSFENSON`flF THE CONTRACT 15 CLAIMS AND DISPUTES AIA-McumentAn2--2009(f&htierlyA20f�'!�ENIa' 1992).Copyri9iit6i Init WAkNiRb: This AIA°-documerit is-Proteoted3ay 1 S. Copyright'La!h-a6d li AW Document, or any portion of it, may re salt in 4V&6re CMI and cru rtihii under the law. 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Prevention 3 13,:5 2,1 4 A i Am MOM h 0 - eats � 4a-4.4 1-3; 9;92' 9_lfl f,13 2,'ay;,ar11Ct'Silpn5 r Architect'-S lnterefa©�s_ ry 4.2 8, 4 2'.17, 4 2.'8 7,11(14,_il?„ 4•2.2,9-4,9_�.lx9.lflx2II "ZI 1�1 Architect's Prcrjeet 1Ze�reserr r z g 4.2 16 Archc'Relationsh3 #Qxactoz �� tl 1x2 k��; 3 2.2 ,.3:_2 3�� 33 �? -3'9_2;3.4,3,'3. .3 1;125,4�2a� r e f 2.2, 82,113 7;12 1�45` Architect's Relationsltz r vsaith o str�vri gc 1.1.2, 9,3-thrtxig 9 1i1, f 3 © Architect's 1telatiuxtshrp with wio'ts fe.1JI 1.1.2, 4.2.8, 53, 9.fi 37 R m c# Architect's Represettaos 9.4, 9.5, 9.10 1 Architect's Otte 11Mts R 4.2. 2, 9A 9:51, a Asbestos tit Attorneys' Fees 9.7, 9_9 3; 3.19.1, 9.10.2; 10.3.:3 1 p = 1.1.� 14.2.4 Award of Other Contracts 5.1.1, 6-1.2 2r b1M.2.9, 10.1, 3.1"0.2, 3 12.4 Jawong� Award ofSubcantracts and Qf�er tpn cfs far 9 3_2, 13.4:2, 13.5 ``or%ons;ofiklieoxl+ ion 5.2 8 3 1; 11 3 1 3.1_1, 15.3.2;15-4. Basrc De1lmt�lans ' A11 �ITECT ... - E 4 Bidding Requirerne�is #architect, Certificates forPavnient 1.1.i, 5.2.1, 11.4.1 1 Binding Dispute Resolution Architect, Definition of 9.7, 11 3.9,11 3 1 1, 13. i;;15 2 5,1 3 , x 3, -. 1 1�.4 411�1 Architect, Extent of Authority Rc;ftr amid a hlmerlZ its 931,9.4- 83,95#; 11.32 y _ 21,1 , 13.5.2, 15 1.3, BONDS, TN URA_ CI i �s n� finsfA:_ ho.tt,Bonds,ononsibility 7.374,L9z.e11.4.2.2,4.241.64; 3 15.2 ends, Pedormam d4 �s�t .� ... , Architect's Additional Servicas and P-x7.3.7.4, 9:6.7, 9.103;11 3 9h 1 k �1 2.4,11.3.1.1,122.1,12224,.1352 s un. tYAA 0onenA232* GhtsAlA® 3��2cIniiAa##Ome�itcF�rFLpem.�X9tvINeintaman�d�nnat hTfrbaeyi�Atlraei-seAifm€ie�� MA°porenalbeand mlleS rtnF�AiAo�Gftii�Eesnp�t tet�if►autroct�gi �#+�csdWde�at�ctttraeCG#t ri�'ds7�ict�er3r+�t gitniastst �seir�ngt ttef�xls. f9uspenis� eiE l,lrnerican . Institute of Architects' legs! c:aunse[, c��ysig6t@aEa:osg. - - .. - Building Permit Concealed pr `Unkrt, Conditions 2.2.2, 3.7.1 3.7 4, 4 28, 8 Itl 3. Capitalization Conditions of tlie Coiltraet 1.3 1.1.1. y� < ' erttlli at ' of Substantial Completion .. Consot;dalion -,�o�z ler 9 $,, 9.8:5 15.4 4 ,� °'ertiCctes for'Payrni nt CONSTRUCTION $Y O Wi1Tl OR BY OT.HER.:. 9.3.3, 9.4, 9.5, 9.6.1., 9:6 6� 97, 9X0.I, 9.10 CONTRACTORS 1.1.4,6 nficates of Inspection, .Testing or Approval Construction Gharige Drrtive, Definition of 3.4 7.3.1 NE} fliicates of nsuza>3 Coiange re�tiPcs 132 9.10.2; 1.3 ' > . 1 1.1 3.2 3 12'$ 4 2.12, 4:2.13 7 1.1 7.1.2, .761 3 3 sC4ainge Or .�: - 73� 9�.3:1.1 , r1 � �i, 2 4, 3 + ` _7: 3, 1., 3.12 $, 4 12� ` 231421;x:3� 9.12�7,73tif:734, Construction lV anager, $ui1( ng Permits ' 2.2.2 7 3z9 7 0 . = 1, 9:1E} 3 1,�� z� 1 •.. 5:1.3 Construction Managorj-,Co-Ww aigattons ttxrougli 4.2.6 Gonstructton ManagOC—Construction. Sob tlule 3.10.1, 3.10.3 -CONSTR;R'.GF 4 - Criia91Lr11.0011. Manager; Definition. of - - --•-=-='nnc4n arfi rin 711fowo nnn-1'3nnitmn.hin r.ry-h' ks.ilo..-...v-4t.e -- 51'1 -Site { -CLAWS AN 3.11 10.1 Construction Manager, Extent of A:IA8h iy m? xx9 101r:1�3; l 3.I2.7, 3.12:8, 4.1.3, 4 2 1, 4 2#,4.2 Claln3s Or Ad 7.2, 73.1, 8.3; 9.3:i, 9 4 2 9.4.3, q.-,$ , 9 �:31 k32,37:11,7p b ;9.10.4,10.3.2,10.4;" 9:8.4,9.9.1,121,1221,14,2.2,14.2.4: `$ 1 3 5 Construction Maaggd, imitations of Authority ancl. {3 1Atn t}r Adds "chat Tim .. Responsibilt r ` s 3 2,4; 3'7 7r .5 4.2.5, 4.2.8, I3.4.2• on6ealed qr itions, Claims for Construction Manager; Submittals r 13 7 4 2 9 C1aim5 fbT00 a- •. 3 2 4 3.1$,i.I .; 39.3,3, 9.5.1:2, 9.10.2, Construction Manager''-s .Addi'tialvices:and, Expenses 1r0.3.3, 14_ w . 1.3. ,11.3.7, .151.6 12.2.1 ;< Clearli`ing Up : Construction Manager's Administration of the ' .. ' 3.15, 6,3 r r. r F Commenct trtt fit of Sz#cry I;imitatian Period " Contract 4.2, 9.4, 9.5. 13.7 Construction Manager's Approval Commencement of the Work, Definition of 2.4, 3.10.1, 3.10.2 8.1.2 Construction Managelr"s Authority to Reject Work ..Communications, Owner to Architect 4.2.8, 12.2.1 2,2.6 Construction Manager's Decisions y Communications, Owner to Construction Manager 7.3.7, 7.3.9, 9.4.1, 9.5.1 _- 2.2;6 il XConstruction Matzager's Inspections Communications, Owner to Coxatraetor 4.2.8, 9:8.3, 9,9.2 2 2 6 Construction Managers On Site Os ions NO,o 9.5.1 �dminIac�lrt�ltingConract A'a t Construction ManagerM onship with-Archifi- t s a> 391,4 G = 'P 1.1.2',4.2.1,42 1- 28;4.2.9,4.2,13,42.15,42.16;. CONIMS P-MPPAYMENTS AND 4.2.20, 9.2. 9.�; 9:fi:1, 9.6:8, 9.8.2, 9 8 9 9.8A, 9.9:Fi9- 10.1, 9.1-0.2; 9.10.3, 11.13, 12.2:4; Completion, Substantial 13.5.1, 13.5.2, 13.5.4, 1412,14.2A 4.2.15, 8.1.1, 8.1.3, 8.13., 9.4.3,32 9:3; 9.9.1, U-03, 12.2.1, 12.2.2, 13.7 AIA Document A232'.m �-2009 (t'oimerly Am.-Cma_ 1992). Copyright-6" 492 and 2009 by The Americaii`lns&ute of Architects Alf rights i eserved, Init_ WARNING, This AIO D eument Is protected by-M.S. Copyright tai:ftainferr}atioriat Treaties. Unauth.ri :ed reproduction drriistributii>n e7Oils Ate Document, or any portion of It may result in severe civil aind.cr, ni"al ponalties, and Will be prosecuted to the maximum extent possitiie ! under the law, Purchasers are not permitted to reproduce this document. To X P"t copyright violaBona of AIA Contract Documents,-e mail The.Amerrccan Institute of Architects' legal counsel, copyright@aia.org. 3