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.