LEAGUE OF HUMAN DIGNITY BARRIER REMOVAL CONSTRUCTION CONTRACT OWNER AND CONTRACTOR

Transcription

1 LEAGUE OF HUMAN DIGNITY BARRIER REMOVAL CONSTRUCTION CONTRACT OWNER AND CONTRACTOR THIS AGREEMENT made and entered into this day of, 20, by and between hereinafter called the "Contractor" And hereinafter called the "Owner". In consideration of the mutual premises and agreements contained herein, the undersigned Contractor and Owner agree as follows: Section 1. The Contractor shall: 1.1 Furnish all labor, materials, tools, equipment, supervision and services necessary to complete work specified in Bid Proposal, dated attached hereto and made part hereof to the extent the approval thereof by the League of Human Dignity is shown thereon for the removal of architectural barriers at the property addressed as:, Lincoln, Nebraska. 1.2 Not begin the work to be performed until receipt of written notice from the League of Human Dignity to proceed, after which the Contractor shall complete said work within 30 calendar days thereafter. 1.3 Perform all the desired work in a good and workmanlike manner in compliance with all regulations, ordinances, and laws of the City of Lincoln, the State of Nebraska and the Federal government, as well as all regulations of the League of Human Dignity and any governmental agency involved in the Owner's Grant and prior to beginning work secure all necessary permits, pay the fees thereof and provide copies of permits to the League's Housing and Design Specialist, and obtain required inspection of all work and approval thereof by authorized City Inspectors and the League of Human Dignity. 1.4 Not permit or make changes in or additions to the work of the contract without written approval of Owner and the League of Human Dignity. No conduct or communication may be deemed a waiver of the requirement that a valid approval must be in writing and signed by the Owner and the League, and the compensation for any such change or addition shall be zero unless the amount or extent thereof be set forth expressly in the same document which constitutes the written approval. 1.5 Perform the work required by this contract regardless of the fact that the building or portion thereof where the work is being performed may be occupied by others or the owner and his/her family. 1

2 1.6 Remedy all damage or loss caused by the contractor to the work or to any materials and fixtures to be incorporated therein under the care, custody, or control of the contractor and to other property at the job site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures, utilities, and furniture not designated for removal, relocation, or replacement in the course of construction. 1.7 Purchase and maintain such insurance in amounts required by the League of Human Dignity as will protect the contractor from claims set forth below which may arise out of or result from operations under this contract, whether such operations be by the contractor or by any subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: a. Claims under worker's compensation, disability benefit, and other similar employee benefits acts; b. Claims for damages because of bodily injury, occupational sickness or disease, or death of employees; c. Claims for damages because of bodily injury, sickness or disease, or death of any person other than employees; and d. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from. The insurance shall include liability insurance as applicable to the contractor's obligations under this contract, and certificates of insurance acceptable to the League of Human Dignity shall be filed with the League of Human Dignity prior to the commencement of the work. These certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least fifteen days prior to written notice has been given to the League of Human Dignity. Section 2. Lead Based Paint Requirements. The Contractor will comply with the federal regulation regarding the use of the lead based paint. The use of the lead based paint is prohibited as set forth in 24 CRF, Part 35 (Title 24 - Housing and Urban Development). Caution: Lead based paint removal is a dangerous task, and safety precautions shall be strictly enforced when workers are engaged in hazard abatement. 2

3 Section 3. Section 3 Clause. As governmental funds are being used, the Contractor agrees that he and his subcontractors will obey all civil rights and equal employment opportunity provisions of local, state or federal law and abide by the provisions of the attached Section 3 Clause. The Contractor further agrees to comply with all requests by governmental agencies for employment records to enforce this provision. Section 4. Equal Employment Opportunity. During the performance of this Agreement, the Contractor and Owner agree as follows: a. The Contractor and owner will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, familial status, sexual orientation, gender identity, or disability. The Contractor and owner will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, national origin, familial status, sexual orientation, gender identity, or disability. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the municipality setting forth the provision of this nondiscrimination clause. The contractor and owner shall hold all subcontractors responsible for the above referenced requirements as stated in subsection a. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all applicants will receive consideration for employment without regard to their race, color, religion, sex, national origin, familial status, or disability. c. In the event of the Contractor's noncompliance with the nondiscrimination clauses of the contract, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 3

4 Section 5 Attestation of Citizenship. To comply with Neb. Rev. Stat through 4-114, the Contractor agrees to comply with the below requirements: 5.1. The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the illegal Immigration Reform an Immigrant Responsibility Act of 1996, 8 U.S.C 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. a. If the Contractor is an individual or sole proprietorship, the following applies: The Contractor must complete the United States Citizenship Attestation Form available on the Nebraska Department of Administrative Services b. If the Contractor indicates on such attestation form that he or she is a qualified alien, the contractor agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the Contractor s Lawful presence in the United States using the Systematic Alien Verification For Entitlements (SAVE) Program. c. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat Section 6. The Owner or Tenant Shall: 6.1 Not permit or make any changes or additions to the work without written approval of the League of Human Dignity. 6.2 Permit the Contractor to use at no cost existing utilities, such as light, power, and water, necessary to the execution of the work. 6.3 Cooperate with the Contractor to facilitate the performance of the work, including the removal of coverings and furnishings as necessary. 6.4 Agree that neither the Owner nor members of his/her family, his/her tenants, agents, or employees will hinder the Contractor in his work. 4

5 Section 7. Method of Compensation. 7.1 The Contractor shall be paid by the League of Human Dignity, Inc. for the performances of the work, subject to additions and deductions by change order as provided in subparagraph (4) of Section 1 above, the sum of ($ ) dollars, payable within 30 days of completion and approval by the League of Human Dignity. 7.2 Additional funding sources for this project and the amount(s) of funding are: The Contractor is solely responsible for billing these additional funding sources. The League has no responsibility for billing, collecting, or any other obligation for the additional funding. Section 8. General Provisions. 8.1 The contract documents, which constitute the entire agreement between the Owner and the Contractor except for modifications issued after the execution of the agreement are enumerated as follows: a. This contract. b. The Agreement for Renovation of Real Estate executed, 20, between the League of Human Dignity and the Owner. c. Notice to bid. d. Specifications. e. Said Bid Proposal to the extent approval thereof of the League of Human Dignity is shown thereon. 8.2 This contract embodies all of the representations rights, duties and obligations of the parties, and any prior oral or written agreement not embodied herein shall not be binding upon or endure to the benefit of any of the parties. 8.3 Hold Harmless Agreement. Grantee hereby does hold the League of Human Dignity and the City of Lincoln harmless for all acts and omissions, or personal or property damage which may occur in connection with any work or any use of equipment under this grant. Grantee shall not at any time represent that he/she is an agent of the League of Human Dignity or the City of Lincoln, Nebraska. 5

6 THIS CONTRACT AND ALL TERMS AND CONDITIONS CONTAINED HEREIN ARE APPROVED AND ACCEPTED AS OF THE DATE FIRST ABOVE WRITTEN. _ Contractor's Name Address, City, State, Zip Code _ Signature Title Phone _ Owner's Name _ Signature Witness Address of Property to be Rehabilitated Address of Owner if Different than above Tenant's Signature "Anti-Kickback Act, Copeland Act Title 18 U.S.C. Whoever by force, intimidation or threat of procuring dismissal from employment or by any other manner whatsoever, induces any person employed in the construction, execution, completing or repair of any public building, public work, or building or work financed in whole ore in part by loans or grants from the U.S. Department of Housing and Urban Development (HUD), to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." RE: Property of: at Owner's Name Address of Property to be Rehabilitated Address of Owner if Different than Above Contractor(s) Contractor's Name Address Contractor s Signature Title Phone Revised February