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HomeMy Public PortalAbout097-2013 - Metro - Thor Construction - Rehab of NSP3 Property - 4(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. (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 fart 570 Contractor shall comply with 24 CFR Part 570 in its entirety which regulation is incorporated herein by reference. Richmond and Contractor 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 Contractor 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 Contractor 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 Federal Contract provisions, as set forth in the attached Exhibit B. 7. IHCDA Regulation Compliance Contractor 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 1958, as amended, 12'U.S.C_ 1701u (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 ve¢y 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, lvhich implement Section 3_ As evidenced by their execution of this contract, (lie patties to this contract certify that they are under no contractual or other impediment that «could prevent them from complying with the Part U5 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 contr ctor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work 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 Dire, availability of apprenticeship aad training positions, the qualitications-for each; and the anticipated date the workshall b:.gm_ D_ The contract agrees to include this Section 3 —clause in every subcontract subject to compliance with regulations iri 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 (1) after the contractor_ .is selected but .beforethe -contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 13 5 require employ anent opportunities to be directed, here not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD rcgulations in 24 CFR Part 135 may result in sanctions, termination of this -contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indianahousing 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 -owned 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 ./ o �r �� if 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." Rights to Inventions Made Under a Contract or Ag Bement 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. Clean Air Act (42 U. SC. 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. 1352) 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 RO.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. Procurement Procedures. Neighborhood Stabilization Program Revised May 2009 EXHIBIT PAGE �OF Peter Hunt > f � 'i PROJECT PROGRAM As referenced in Contract No. 97-2013 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) 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%) percent of the Area Median Income (AMI) during the initial phase of the NSP project ("Phase I"). WHEREAS, the City of Richmond has determined that the services of a Contractor is necessary to provide rehabilitation of an NSP home located at 200 South 14th Street in Richmond, Indiana, under this NSP project and certain Bid Specifications (also referred to as Construction Specifications) dated June 6, 2013, have been made available for inspection by Richmond, is on file in the office of Department of Metropolitan Development for the City, and is hereby incorporated by reference and made a part of this Agreement. The Contractor, Thor tru%tivai C.^.iupaliy (her -;rafter "Contractor" agrees to Abide by the Same; WHEREAS, the response of Contractor to said Request for Qualifications is attached hereto as Exhibit A, which Exhibit was received June 20, 2013, consists of seven (7) pages, and is hereby incorporated by reference and made a part of this Agreement; and WHEREAS, Richmond desires to engage Contractor to render certain assistance in connection with such undertakings in Richmond. � �f f E k NOW, THEREFORE, the parties hereto do mutually agree as follows: 1 _ Scoe of Project Program Services Contractor shall perform for the City of Richmond all necessary services under this contract in connection with rehabilitation of an NSP home located at 200 South 14th Street in Richmond, Indiana, for the NSP 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 6, 2013, and all addenda attached to those specifications; b. Comply with the respective scope list for each project location address; 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 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. Contractor 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. f 1 I 4-1 G] O N 41 U] . E :4J (A m Alt 4.1 z r-I cn f- z O 49 U Ri V) C/ LLJ a-' C LL CO " LL H O m M 44 d O T i-3 •ri U 3 4-3 W t� !1 YY41^ Y/ 4J v1 41 u "z0 O Ln _L C 0 X w O E0M EXHIBIT PAGE -j-0 r. � ' 1 f City of Richmond Wayne County — Richmond, Indiana Rehabilitation Program Construction Specifications BID FORM FOR THE NEIGHBORHOOD REHABILITATION PROGRAM RICHMOND, INDIANA DUE: 23 AUGUST 2012 @ 5:00PM Following notices given and having carefully 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 by SINGLE BID 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: Calendar Days to: Coriiplete: 150 00 4100 BID TABULATION EXHIBIT PAGE -3- 0F BID - I City of Richmond Wayne County — Richmond, Indiana Rehabilitation Program Construction Specifications ADDENDA The Bidder acknowledges receipt of the following Addenda: Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated EXNIBIT� PAGE _3OF `? 00 4100 BID TABULATION BID-2 12 State Farm 52414 Form No. 96 (Revised 2005) Presaibed by State Board o€Accounts CONTRACTOR'S BID FOR PUBLIC WORK -- FORM 96 PART I (To be completed for all bids. Please type or print) Date: 6/24/13 1. Govemmental Unit (Owner): City of Richmond Indiana 2. County : Wayne 3. Bidder (Firm): 'Thor Construction Com ar} Address: 1111 Northwest "T" Street GitylSta#e:nnd, II3 47374 4. Telephone Number 76ci-962-6553 5. Agent of Bidder (if applicable}: Pursuant to notices given, the undersigned offers to furnish labor andlor material necessary to complete the public works project of City of Richmond, Indiana (Governmental Unit) in accordance with plans and speeftcaiions prepared by Crane, Inc. Construction Manager " See Bid Form" and dated May 20, 2013 for the sum of '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 page_ 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 if -accepted by the governmental unit If the bid is to be awarded on a unit basis, the itemization 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 mate•^'.al breach ^f the contract CERTIFICATION 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 (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this - project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. EXHIBIT _&- PAGEOF� . i i 1 a The above bid is accepted this following conditions: Contracting Authority Members: ACCEPTANCE day of „ _�._ ____= subject to the PART 11 for projects of $100,000 or more -- IG 36-1-12-4) Governmental Unit: City of Richmond, Indzana Bidder (Firm) Thor Construction Com an if Date: 6/ 20/ 13 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needod: SECTION I F-XPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Completion Contract Amount Class of Worts pate Name and Address of Owner 5,10S,647 Combined Const. 12/12: Richmond Commit Schools (Crestdale; 255,715 it 8/12 Richmond Caumrunit Schaol (Dennis) 1,326,622 If 8/12 City of Richmond — NSP 2. What public works projects are now in process of construction by your organization? Effected Contract Amount Class of Work Completion Name and Address of Owner Date 212' E;e Richmond Communit Schools.(Dennis) 000 ExHiBT PAGEOF `� 3. Have you ever failed to complete any work awarded to you? if so, where and why? 4. List references from private firms for whlth you have performed work. Tiedemann—Bev's Industries Vision Hospitality Boy's & Girl's Clubs of Wayne County, Inc. SECTION 11 PLAN AND EQUIPMENT QUESTIONNAIRE #. 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'virorkers, etc. and any other information which you believe would enable the governmental unit to consider your bid.)Work can begin on notice.. ,, . �. 2.1 Please list the names and addresses of all subcorittactors (i.e. persons or firms outside your own firm who have performed part of the words) that you �h Vb used on public works projects during the past five (5) years along with a brief description of the work dons 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 may also be required to be listed by the governmental unit All equipmentnecessary is avail ble. 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. fifes SECTION III CONTRACTOR'S FINANCIAL STATEMF-NT 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 governing body awarding the contract must be specific enough in detail so that said governing body can snake a proper determination of the bidders capability for completing the project if awarded. EXHIBIT --a PAGE _-6 OF � SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duty sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by hire, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION i HEREBY AFFIRM UNDER THEPENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. tr rr 2013 Dated at1111 N _W, T St _ —this -),O,h . day of June Thor Construction Company, a division of Carroll Electric, . name of on) Inc. By v President • _- .. �I'rtle of Person Sigrring? ACKNOW..ED95QNT, STATE OF Indiana 3ss COUNTY OF Wayne Before me, a Notary Public, personally appeared the above -named Daniel D. Stamper and swore that the statements contained in the foregoing document are true and correct. - Subscribed and sworn to before me this 20th day of June 2013 Notary Public My Commission Expires: 1"my lb, 2u15 County of Residence: Wayne EXHIBLT $ PAGEOF� OWNER'S ADDITIONAL INFORMATION As referenced in Contract No. 97-2013 Article §8.6 Compliance with Laws. Contractor 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 an NSP property located at 200 South 14ih Street in Richmond, Indiana. As set forth in § 3.3 of Contract No. 97-2013, 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 October 31, 2013 as set forth in Contractor's response to the invitation to bid. In the event services are still being performed and the Work is not Substantially Completed (at any of the location addresses listed in this Agreement) by Contractor under this Agreement, liquidated damages in the amount of Two Hundred Dollars ($200.00) per day for each day past the time for completion as set forth above will be deducted from Contractor's retainage. 3. Compliance With Worker's Compensation Law. Contractor 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 Contractor's agents, employees or contractors is injured while performing the terms of this Agreement. Contractor further acknowledges that it will comply with Indiana Worker's Compensation law. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor 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 com.lnIy xvith all �nrnvicionc 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; q7 %:a f C. Request from Contractor copies of cancelled payroll checks; d. Report Contractor to the Indiana Department of labor; C. 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. 5. Prohibition_ Against Discrimination. 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor 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 Contractor, any sub -contractor, or any person action on behalf of Contractor 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 Contractor 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. b. 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. Iran Investment Activities. Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22- 16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 8. 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. 9. 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.