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Housing Rehab Contract CITY OF SALINA, KANSAS HOUSING REHABILITATION CONTRACT This Housing Rehabilitation Contract ("Contract") is entered into this 10th day of September, 2012, by and between the City of Salina, Kansas ("Grantee"), Kansas Sand and Construction, Inc. ("Contractor"), and Valeria Martin ("Owner"). Recitals A. The City is the recipient of grant funds from the Department of Housing and Urban Development's HOME Investment Partnerships Program, which the City may use to rehabilitate and improve local owner-occupied housing. B. Owner owns and occupies a house located in Salina, Kansas, and has requested the City's use of the grant funds to rehabilitate and improve the property. C. The Grantee has determined that the Owner is qualified for receipt of a portion of the grant funds; and the Grantee has agreed to utilize a portion of such grant funds to rehabilitate the Owner's property, subject to the terms and conditions of this Contract. D. On or about August 14, 2012, the City issued a request for bids to local contractors, requesting bids to rehabilitate one or more properties located in the City of Salina, including Owner's property. E. Contractor submitted a timely response to the Grantee's request for bids to rehabilitate the Owner's property, and Contractor has been selected to provide such rehabilitation, subject to the terms and conditions of this Contract. F. The North Central Regional Planning Commission ("NCRPC") has been contracted to serve as the grant administrator and inspector during Contractor's rehabilitation of the Owner's property. G. The parties wish to enter into this Contract to establish the terms and conditions relating to Contractor's proposed rehabilitation of the Owner's property. NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. Scope of Services. Contractor shall perform the work specified in Exhibit A (the "Scope of Work") to rehabilitate the Owner's property located at 134 S. Phillips, Salina, Kansas. All work performed and materials installed hereunder shall meet or exceed the performance specifications set forth in the Kansas Housing Rehabilitation Materials Application Standards Handbook, as well as the Department of Housing and Urban Development's Lead Paint Safety Booklet, which is incorporated herein by reference (the "Specifications"). • 2. Contract Conditions. The parties agree that the Contract Conditions set forth in Exhibit B are made a part of this Contract as if fully set forth herein. 3. Payment. As compensation for the Contractor's rehabilitation of the Owner's property, the City shall pay Contractor the sum of$34,550 at such time and in such manner as set forth in the Contract Conditions. 4. Materials and Labor. Except as otherwise agreed in writing with the City, Contractor shall, at its sole cost and expense, furnish all material, labor, equipment, and tools that may be required to furnish the services required hereunder. 5. Term. This Contract is effective as of September 10, 2012, and shall terminate on October 22, 2013. 6. Feminine-Masculine, Singular-Plural. Wherever used, singular shall include the plural,plural the singular, and use of any gender shall include all genders. 7. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof 8. Applicable Law; Venue. This Agreement and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement,the sole and exclusive venue shall be in the Saline County, Kansas District Court. 9. Non-assignable. Due to the unique qualifications and circumstances of the parties, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part. 10. Subcontracting. Contractor shall not subcontract any work or services under this Contract without the Grantee's prior written consent. Any approved subcontractor must be insured and trained in Lead Safe Work Practices if painted or varnished surfaces will be disturbed, and must have on file with the Grantee all applicable insurance and training certificates. • 11. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 12. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid,or illegal. 13. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday, that termination time shall extend to 5:00 p.m. of the next full business day. 14. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators,trustees, and successors of the parties hereto. 2 15. Counterparts. This Agreement maybe executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement. This Agreement may be executed by the parties and transmitted by facsimile or electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 16. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. GRANTEE: City Clerk P.O. Box 736 Salina,KS 67402-0736 CONTRACTOR: Kansas Sand and Construction, Inc. 3684 W. Stimmel Rd. Salina,KS 67401 OWNER: Valeria Martin 134 S. Phillips Salina,KS 67401 17. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. 18. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. 19. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing bodies of each party. 20. Waiver; Remedies. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement,but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 3 21. No Third Party Beneficiaries. Solely the parties hereto shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 22. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 23. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. 24. Attachments: The following Exhibits and other documents are attached to and made a part of this Agreement: a. Exhibit A: Scope of Work b. Exhibit B: Contract Conditions {Signature page follows} • 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed on the day and year first above written. "OWNER" "CONTRACTOR" 6 '1{ \ aleria Martin Name: Richard ersch, Owner Kansas d and Construction, Inc. "CITY" By: j Norman M. Jenrtt° Mayor AT ET: By: Lieu Ann Elsey, CMC, City Cle Review7 and Approved By: 1 13 i Gary Hobbie Director of Community and Development Services Approves • to for : / lark, ize&Linville, Chartered Legal Counsel for the City of Salina, Kansas 5 EXHIBIT A SCOPE OF WORK 6 Final Scope of Work Valeria Martin 134 S Phillips Salina, KS 67401 452-9485 Hm, 787-5397 (cell) 1. Living Room: Repair glass in SE Storm window. 2. Living Room: Install weather-strip on entry door& refinish exterior. 3. Kitchen: Install GFCI receptacles on countertop outlets 4. Kitchen: Repair glass in south window. 5. Bathroom: Install GFCI receptacle 6. Bathroom: Prepare & paint window. 7. NE Bedroom: Install globe on light fixture. 8. NE Bedroom: Prepare & paint windows. 9. Hallway: Repair&finish ceiling. 10. NW Bedroom: Repair glass in 2 North storm windows. 11. _ 12. 2nd Fl. Stairs: Sheetrock and finish ceiling & install Attic hatch. 13. 2nd Fl. Stairs: Install new door at bottom of stairs. 14. Rear Entry & Basement Stairs: Prepare& paint cased opening to kitchen & door frame to basement 15. Rear Entry& Basement Stairs: prepare & paint basement stairs 16. Rear Entry& Basement Stairs: Install metal clad entry door. 17. Basement: Prepare & paint both sides of wood wall on SW& exterior walls. 18. Electrical: Remove & replace all knob &tube wiring in attic, basement, &walls. Replace old knob & tube light fixtures on 2nd floor. 19. Building Exterior: Replace 38 feet of North foundation & remove sidewalk on south & grade &add fill dirt to entire house. 20. Building Exterior: Install handrail on North & (2)west steps. 21. Building Exterior: Install new guttering on entire house & proper amount of roof ventilation. 22. Building Exterior: Install vinyl siding, per spec's. • 23. Heating Equipment: Install proper sized +92% forced air furnace. 24. Water Heater: Install new water heater& proper sized flue system. 25. Sewer: Remove & replace cast iron drain line from fixtures to stack. 26. Attic: Seal 2'x 2' hole in SW corner& insulate all knee wall &weather-strip & insulate back of access door& Insulate attic to R-38 27. Walls: Insulate all sidewalls to R-13 EXHIBIT B CONTRACT CONDITIONS 7 p Contract Conditions Revised: August 29, 2012 1 GENERAL CONDITIONS These general conditions shall form part of the Housing Rehabilitation Contract("Contract") to which they are attached, and shall be as binding upon the parties as if they were fully set forth therein. Except as otherwise provided herein, terms defined in the Contract shall have the same meaning herein. 1. NCRPC AS AGENT In all transactions between the Grantee and Contractor, the NCRPC will be considered the agent for the Grantee; and the liabilities and powers of the NCRPC will be those of agent only. NCRPC will, upon application: 1) give such interpretations of the Scope of Work and the Specifications as in its judgment the nature of the work requires; 2)decide on the suitability and quality of materials and workmanship, 3) issue certificates for payments that the Contractor may be entitled to; and 4) adjust all deductions from or additions to the Contract price which may grow out of changes required after the work is under contract. The NCRPC will order the necessary changes as approved by the Grantee, and define the true intent and meaning of the Scope of Work and Specifications. 2. INSPECTORS Inspectors provided by NCRPC and/or the Grantee ("Inspector")will make periodic visits to the work site for the purpose of general inspection in order to instruct the Contractor and pass upon the merits of materials and workmanship. Contractor shall perform all work in a professional manner that is satisfactory and acceptable to the Inspector. The Inspector shall be the sole judge of the Contractor's quality of performance. Contractor shall be responsible for a period of one (1) year for all . items installed. Examples of such items include, but are not limited to, interior & exterior paint, heating appliances, replacement kitchen appliances, replacement windows, roof replacement, electrical updates & attic & wall insulation. If the Inspector determines, after inspection, that materials or workmanship are incomplete, unsatisfactory or unacceptable, Contractor shall return to the work site and make the necessary corrections at no additional cost to the Grantee. Contractor shall accompany the NCRPC on all final inspections. 3. ACCESS Contractor will at all times furnish to the NCRPC Inspector, and representatives of the Grantee, safe and suitable means of access to any and all parts of the work for the purpose of inspection. 2 • • 4. DISPUTES In case any difference of opinion should arise between the contractor and the NCRPC in relation to this Contract, the work to be performed under it, or in relation to the interpretation of the Scope of Work and Specifications, the decision of the NCRPC will be final and conclusive on all parties hereunder. If upon negotiation,the Contractor still feels aggrieved, an appeal may be undertaken by following the complaint procedure contained in the grantee-housing plan. 5. PAYMENT Upon completion of the first one-half of the contract work or the performance $15,000 of authorized work on the Owner's property, whichever occurs first, the Contractor may request a payment after a successful final inspection of the work by using the following format: A. Requests for payment must be submitted to the NCRPC. The NCRPC will issue certificates for all payments on the work; and the Grantee will make no payment to the Contractor until after such certificates have been issued. B. No certificates given or payments made under this Contract shall be considered as evidence of acceptance of any workmanship or materials that are not in strict accordance with the Scope of Work or Specifications. C. Final payment will be made once the unit has met the HUD allowed thresholds for lead. If clearance is not forthcoming, upon testing of the wipe samples, Contractor will continue to re-clean the unit until clearance has been achieved. D. Contractor should be aware that this project is being funded with the assistance of the Kansas Housing Resource Corporation Grant and/or the Kansas Community Development Block Grant and delays may occur in the receipt of funds from the State, which are beyond the control of the Grantee. 6. WARRANTY The Contractor shall warranty the work and materials for one (1)year from the date of final acceptance by the Grantee, and shall leave the work in perfect condition. Upon written notice during such period, the Contractor shall remedy any breach of such warranty and pay all expenses for any damage to other work resulting therefrom. Notwithstanding the forgoing, neither the final certificate nor any provisions in the Contract shall relieve Contractor of responsibility for negligence or faulty and/or improper materials or workmanship. 7. SUPERVISION The Contractor will give the work his personal supervision, or keep a competent foreman sufficiently continuous on the work site who is familiar with the Scope of 3 Work, the material specifications, HUD's Safe Work Practices, and the additional considerations (if any) in the Contract. This foreman shall be entirely satisfactory to the NCRPC and the Grantee, and all directions given to the foreman shall be as effective as if given directly to the Contractor. The Inspector shall have full power to discharge any or all workmen, including the foreman, if in his judgment such workmen are incompetent or otherwise unfit to execute the work; and the Inspector will have the power to stop the work at any time it is not being properly carried out. 8. STANDARD PRODUCTS Where two or more units of equipment or materials are required at the same work site, they shall be the products of a single reputable manufacturer, satisfactory to the NCRPC and the Grantee. 9. CHANGES If, on account of the present existing conditions, the Contractor is unable to furnish the kind of materials or execute the type of work in the Scope of Work and all Specifications, he or she shall have the right to ask for and expect suitable substitutions as approved by the NCRPC and the Grantee, in which event, an adjustment will be made in the contract price, based on the actual, not comparative costs and/or values of the work originally specified and the substituted work; but no such changes shall be made until the Contractor has first made a reasonable and bona fide effort to obtain the materials or execute the work as originally specified in the Scope of Work and Specifications. Should any changes in the Scope of Work and/or Specifications be desired by the Grantee, whereby the cost may be diminished or increased, Contractor shall effect such changes at the direction of the NCRPC, and in accordance with the written order from the Grantee. As a result, there will be added to, or deducted from, as the case may be, the original Contract price such sums as are determined by the NCRPC for the same by standard prices on such work. All such changes, with the additions or deductions in price therefore, shall be determined and agreed upon between the Grantee, the NCRPC, the Owner and the Contractor before the changes are made. A written change order will be issued to the Contractor by the Grantee. In making settlements, the NCRPC and the Grantee will follow written only, not verbal agreements. Should it become necessary to retain any faulty work which, if remodeled or removed would cause undue risk, injury or delay, a sum to be determined by the Grantee and NCRPC, but not exceeding the whole value of the work and materials should the same be correct, shall be deducted from the Contract price, if in the NCRPC's opinion such action is necessary and justifiable. Any addition to or deduction from the Scope of Work will not impair the regality or status of the Contract, nor relieve the surety or sureties of their responsibility. 4 10. HEALTH AND SAFETY The Contractor shall comply with all applicable codes, laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 11. CONSIDERATION OF RESIDENTS All work is to be conducted in such a manner as to minimize disruption to the residents. Offensive or obscene language is prohibited on the job site. In addition, cigarette smoking inside the home is prohibited. All work hereunder shall be done by appointment only. Appointments may be made by telephone, mail or visiting the residence up until the day before work is to begin. In the event Contractor is unable to contact a resident, Contractor shall inform the Grantee or the NCRPC and they will assist in making contact. 12. CLEANING UP As the work progresses and at the end of EACH workday, the Contractor shall remove from the site all surplus materials and rubbish so as not to interfere with the progress of Contractor's work or with the residents' activities. Upon completion of the work and before it is accepted by the NCRPC and the Grantee, the Contractor will clean away all rubbish and debris at the work site, and will clean all walls, ceilings, floors and glass in doors and windows of any dirt and discoloration caused by the work hereunder.. A final clearance for lead dust levels must be achieved by the Contractor at the completion of the work. 13. CONTRACTOR'S WORK AND MATERIALS Small details not specified or shown, but necessary for the proper installation and furnishings in the various departments of work, shall be included and furnished by Contractor as through included in the Scope of Work and Specifications. Contractor shall afford other contractors, if any, reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect his work with theirs. Contractor shall do all cutting, fitting or patching of his work that may be required to make the several parts come together properly, and fit it to receive or be received by the work of different trades. 5 Contractor shall not endanger structures on the work site or adjacent properties by cutting, digging or otherwise; and should Contractor cause damage to such structures, then Contractor will settle the resulting damages in a satisfactory manner, and at no cost or damage to the Grantee or Owner. The Contractor shall ensure that OSHA requirements, including any required air monitoring and worker protection requirements are being met in regard to lead paint and asbestos materials. 14. LOCAL LABOR AND MATERIALS In employing labor and/or purchasing materials, the Grantee requests the Contractor give preference to workers, mechanics and business firms in the locality; providing only that the quality of such local labors and materials meets the requirements of the Scope of Work and Specifications, and that the cost of such local labor and materials is not greater than that the Contractor may obtain elsewhere. 15. INDEMNIFICATION Contractor shall indemnify the Grantee, the NCRPC and the Owner and save harmless from all suits, actions and proceedings of every name and description, in law or equity, brought against the Grantee, the NCRPC or the Owner for or on account of any injuries or damages received or sustained by the person, structure or property, by or from the Contractor or the Contractor's agents, and also shall indemnify and the Grantee, the NCRPC and the Owner harmless from all suits or actions for any injuries or damages sustained by any party or parties by or from any causes under control of Contractor while performing under this Contract on account of any act or omission of Contractor or Contractor's agents. 16. LIENS AND PAYMENT BOND Contractor shall pay all debts, dues and demands incurred in the performance of his/her work to insure that no liens are brought against owners or residents of units for Contractor's non-payment. Before commencing any work hereunder, Contractor shall furnish to the Grantee, as security, one of the following in a form to be provided and approved by the Grantee: 1) LABOR AND MATERIALS PAYMENT BOND for$10,000, to be in effect for 125 days past the final completion day of the last contract awarded to the contractor; 2) an executed CERTIFICATE OF DEPOSIT in the amount of $10,000, to be held by the Grantee for 125 days past the final completion day of the last contract awarded to the Contractor; or 3) an IRREVOCABLE BANK LETTER OF CREDIT for $10,000, to be in effect for 125 days past the final completion day of the last contract awarded to the contractor. 6 • 17. BREACH OF CONTRACT In the event Contractor fails to perform hereunder, and this failure is not the fault of the Grantee, the Contractor will be in breach of Contract. Should the Grantee decide to cancel or terminate the Contract due to such breach, the Contractor agrees to pay the Grantee the sum equal to 10%of the total amount of the Contract price, or Two Thousand Dollars ($2,000.00) whichever is greater, as liquidated damages. Should the Contractor fail to complete the obligations under the Contract by the termination date, as may be extended in writing, the Contractor agrees to pay a $50.00 per day penalty for each working day in which the Contract is not completed and accepted by the NCRPC. 18. INSURANCE AND PROTECTION The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and such insurance has been approved bythe Grantee. The Contractor shall furnish the Grantee with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City of Salina". 19. REQUIRED INSURANCE COVERAGE REQUIRED LIMITS OF LIABILITY. (a) Workman's Compensation Statutory for Kansas Including Employer's Liability & Disease Liability (b) Comprehensive General Liability: Bodily Injury Limits $500,000 per occurrence Property Damage Limits & $500,000 per occurrence/ Completed Operations $500,000 aggregate (1) Grantee(City or County) shall be named on the policy as co-insured. (2) Protective liability coverage must be included for the operations of all subcontractors engaged by Contractor. (3)Where applicable, property damage liability must be insured for blasting, the collapse of or structural injury to any building or structure and damage to underground property such as wires, conduits, pipes, mains, sewers or other similar property. 7 0 (c) Comprehensive Automobile Liability: Injury Limits $250,000 per person/ $500,000 per accident Property Damage Limits $100,000 per accident The Contractor will be responsible at all times for any possible loss of his own tools or apparatus due to fire, lightening storm or theft; and will be responsible for any damages to this work on account of operations. 20. LAWS, PERMITS AND TAXES Contractor will obtain and pay for all necessary licenses, permits and privileges required in his work, and perform all work in strict accordance with the laws and ordinances in force in the State of Kansas, and in the locality in which this work is to be performed. He will investigate what Federal, State or Municipal laws and requirements are applicable and comply with all such in an approved manner. The Contractor shall pay all applicable taxes, including payroll, unemployment, sales and other miscellaneous overhead expenses applicable to this work; and it will be understood that the Contractor has included the cost of these items in his bid. 21. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors, if any, agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate against any person in the performance of work under this Contract because of race, sex, religion, age, color, national origin, ancestry or disability; (2) The Contractor shall observe the provisions of Chapter 13 of the Salina Code and shall not discriminate against any person in the performance of work under this Contract because of race, sex, sexual orientation, gender identity, religion, age, color, national origin, ancestry or disability; (3) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase to be approved by the city's human relations director; (4) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contactor shall be deemed to have breached this 8 Contract and it may be canceled, terminated or suspended, in whole or in part, by the City; (5) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Contactor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part, by the City; (6) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, sexual orientation, gender identity, religion, age, color, national origin, ancestry or disability; and (7) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: (1) Employs fewer than four employees during the term of this Contract; or (2) Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year. 22. TERMINATION OF CONTACT In case, for any reason after this Contract is awarded, the work should be stopped or indefinitely postponed or delayed by Federal or other public order, or lack of funding from the State of Kansas, making it desirable for the Grantee or Contractor that the Contract be canceled; then an audit will be made by a representative of the Grantee of the Contractor's costs up to the date of cancellation, and a settlement made between the Grantee and Contractor in such manner as to cause no monetary loss to the Contractor, and at the least justifiable cost to the Grantee. 23. REPORTS AND INFORMATION The Contractor, at such times and on such forms as the Grantee may require, shall furnish the Grantee such periodic reports as it may request pertaining to the work or service undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and other matters covered by this Contract. 9 24. RECORDS AND AUDITS The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the Grantee to assure proper accounting for all project funds, both Federal and non-Federal shares. These records will be made available for audit purposes to the Grantee or any authorized representative, and will be retained for three (3) years after the expiration date of this Contract, unless permission to destroy them is granted by the Grantee. It is understood that all records pertinent to this housing grant program shall be accessible to authorized representatives of the Kansas Department of Commerce and Housing, the Secretary of Housing and Urban Development, the Inspector General of the United States and the General Accounting Office. 25. CONFLICT OF INTEREST The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the project or any parcels therein, or any other interest which would conflict in any manner or degree with the performance of his service hereunder. The Contractor further covenants that in the performance of this Contract, no person having any such interest shall be employed. 26. SPECIAL REGULATIONS AND ATTACHMENTS Contractor acknowledges the Federal funding of this project. Monies for this project will be received from the Kansas Department of Commerce and Housing through the Housing and Urban Development Department. The Contractor agrees to adhere to and otherwise abide by the regulations attached hereto as Appendix I. A breach of these regulations shall be grounds for termination of this Contract by the Grantee. 3.0 APPENDIX I All Contractors shall subscribe to the following federal laws and regulations as outlined below. 1) Section 110, Title I, Housing and Community Development Act of 1974, as amended (42 USC 5301) provides that: "All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with grants received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, provided that this section shall apply to the rehabilitation of residential property only if such property is designed for residential use of eight or more units." 2) Davis-Bacon Act (40 USC 276a - 276a-5) requires that workers receive no less than the prevailing wages being paid for similar work in their locality. Prevailing wages are computed by the Department of Labor and are issued in the form of federal wage decisions for each classification of work. The law applies to most construction, alteration, or repair contracts over $2,000. (Residential rehabilitation contracts involving structures with less than eight (8) units are exempt.) 3) Copeland "Anti-Kickback" Act (47 USC 276(c)) requires that workers be paid at least once a week without any deductions or rebates except permissible deductions. Permissible deductions include taxes, deductions the worker authorizes in writing, and deductions required by court processes. The Act also requires contractors to submit payroll records weekly along with Statements of Compliance to the contracting agency. The Copeland Act applies to all contracts covered by Davis-Bacon. 4) Contract Work Hours and Safety Standards Act - (CWHSSA 40 USC 327 - 333) requires that workers receive "overtime" compensation at a rate of 1 1/2 times their regular hourly wage after they have worked 40 hours in one week. Overtime pay is not required for single contracts under $100,000 under this Act; however, contractors must comply with the overtime requirements under the Fair Labor Standards Act which affects all contracts under Davis-Bacon. 5) Fair Labor Standards Act - FLSA (20 USC 201 et seq.) establishes a minimum wage rate, overtime, record keeping, and other regulations that affect employers and laborers. The FLSA is enforced by the U.S. Department of Labor (DOL) and DOL is authorized to investigate any violations and to initiate action against employers which may result in fines 11 and/or jail terms, payment of double back pay, and payment of attorney's fees. 6) Title 29, Code of Federal Regulations (CFR), Parts 1, 3, 5 and 7 are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the Davis-Bacon Act, as amended. 7) Title VI of the Civil rights Act of 1964 provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal Financial assistance. 8) Title VI of the Civil Rights Act of 1968, as amended provides that no person shall, on the basis of race, color religion, national origin, handicap or familial status, be discriminated against in housing (and related facilities) provided with Federal assistance or leading practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal Government. 9) Section 109, Housing and Community Development Act of 1974, as amended, provides that no person in the United States shall, on the ground or race, color, religion and religious affiliation, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available.under Title I of the Housing and Community Development Act of 1974 10) Section 504 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of his/her handicap in benefiting from any program or activity receiving Federal Financial assistance. 11) Age Discrimination Act of 1975, as amended, states no person in the United States shall, on the basis of age, be excluded from participation in be denied and the benefits of, or be subjected to discrimination under any program or activity receiving Federal Assistance. 12) Fair Housing Amendments Act of 1988, which prohibits discrimination in housing on the basis or race, color, national origin, religion, sex, disability or familial status, including children under the age or 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18. 12 13) Executive Order 11063 as amended, states no person shall on the basis of race, color, religion, or national origin, be discriminated against in housing and related facilities, provided with Federal assistance or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal Government. 14) Kansas Act Against Discrimination, declares it is policy of the State of Kansas to eliminate and prevent the practice or policy of discrimination against individuals in employment relations, in relation to free and public accommodations or in housing by reason or race, religion, color, sex, physical disability, national origin or ancestry. 15) Section 3 of the Housing and Urban Development Act of 1968, as amended, provides that, to the greatest extent feasible, opportunities for training and employment shall be given to lower-income residents of the unit of local government or the metropolitan area (or non-metropolitan county) in which the project is located; contract work in connection with such projects shall be awarded to business concerns which are located in, or which are owned in substantial part by persons residing in the same metropolitan area ( or non- metropolitan county as the project). 16) Executive Order 11246, states a contractor will not discriminate against any employee or applicant for employment because of color, religion, sex or national origin. 17) Section 906 of the Cranston-Gonzales National Affordable Housing Act states no CDBG or HOME grant funds may be obligated or expended to any unit of general local government that fails to adopt and enforce a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; or fails to adopt and enforce a policy of enforcing applicable state and local laws against physically barring entrance to or exi6 from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 18) Section 912 of the Cranston-Gonzales National Affordable Housing Act prohibits discrimination on the basis of religion or religious affiliation. 19) Title IV of the Lead-Based Paint Poisoning Prevention Act, states CDBG recipients shall comply with the provision of this act, which prohibits the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance of any kind. 13 20) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 , states all persons displaced as a direct result of rehabilitation, demolition or acquisition ( privately undertaken or public) for a federally assisted project are entitled to relocation payments and other assistance. 14 Ju.n. 4. 2013 11 : 37AM FARM BUREAU — BELMONT OFFICE No. 4133 P. 1 CORD YAICIMAVOWYTYY) CERTIFICATE OF LIABILITY INSURANCE 6/4/2013 TNIB CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ' IMPORTANT: If IhaterUDcate holder IB en ADDITIONAL INSURED,the pollcy(les)must be endorsed. IF SUBROGATION IS WANED,oubjecl to the terms and condllons of the policy.certain policies may require an endorsement. A statement on this c.NRCate does not confer lights to the certificate holder In Ilea of such andorsement(e). PRODUCER LUNIAC1 MIKE LOSIK AGENCY PHONe F mmAns,miko.losik@fbfs.com(785)825-7730 I raw:(765)625-7554 2740 Belmont Blvd E'AAIL mike.losikUbfa.com Salina, KS 67401 ADORfe3, eHVREA(al AFFOROWG oovamoa Wet INSURER A'Fan Bureau Property & Casualty Ind Co - INSURED Kansas Sand & Construction LLC INSURERD, 3684 W Stimmel Rd. INSURER C: Salina, KS 67401 INSURERD: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDInON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. MEOFINSURANCE snot a'� Watt POLICY OP - i'/?n lasa_w+o POLICY HUMBER ,LMFYOD i AMWOOrcYY17 LIMITS GENERAL LIABILITY EACH OCCURRENCE s 500,000 . X COMMERCIAL GENERAL LIABILITY PREMISES(Ea o(tvrencF) $ 100,000 ICLAW9MME © OCCUR MEDEXP(Any Ewa pernm) S 5,000 C4P0008873 6/18/136/18/14 PERSONAL a Any mum. s 500,000 GENERAL AGGREGATE 1 1,000,000 C—I EN �JET 1 L AGGREGATE tsar AP�PUES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 +C POLICY I LOC _ S AUTOMOBILE LIABILITY (Es ode I) E LIMIT S NhAUTO BODILY INJURY(Per pram) S — ALL OWNED —SCHEDULED EMILY INJURY(Par RCadenl) $ AUTOS PROPERTY UAAAOe a H HIRED AUTOS I •— S UMBRELLA LAB _ OCCUR EACH OCCURRENCE S EXCESS LIAR CLAMS-MADE AGGREGATE $ DED I I RETENTIONS S WORKERS COMPENSATION - WCSiATU• 0TH- ANO EMPLOYERS L4SILITY X I TORY LIMITS I I En, IN, CPRIETeRIPMONE aan n ,ve Y('� rn N/A WC0002567 6/16/136/16/14 et.Ewen*camera s 100,000 eencEmemeen FXCWDEOI oMeealery u,Mr) EL,DISEASE-EA EMPLOYE RU 100,000 B draw uRbr DESCRIPTION OF OPERATIONS blow E.L.DISEASE•POLICY LIMIT_S 500,000 OESCRIpT1ON OF OPERATIONS I LOCATIONS/VEHICLES (µlam ACORD 101.AddecrM'RanWas Sardine.Y owe spew is roq.Ave CERTIFICATE HOLDER CANCELLATION LIT EFtE� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salina � THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED M PO Box 736 Faj Lla® ACCORDANCE WITH THE POLIO , Salina KS 67402 L1� AUTHOR/2ED REPRESENTA 785-309-5738 —. I ® 988-2010ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and fogo are registered marks of ACORD