By Ronald Moore,2014-05-06 11:07
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    Kentucky Housing Corporation WX-12

    (REV. 08/09) Department of Design & Construction Review


    Non-Financial Agreement:

     THIS AGREEMENT made and entered into this ___________day of _______________ 20____, by and between ____________________________________________________________ (agency) hereinafter referred to

    as __________________________________________________________ and (contractor) “Contractor”.


    WHEREAS, the Kentucky Housing Corporation, has allocated funds to

    ____________________________________ to implement and supervise a Weatherization Program designed to

    improve the health, safety and energy conservation of certain structures owed or rented by persons eligible for

    benefits of the Weatherization Program; and

WHEREAS, the contractor had completed and executed a Weatherization Contractor Application and delivered

    such to ____________________________________________ and desired to provide the work necessary to effect

    the weatherization changes contemplated by the Weatherization Program.

    NOW, THEREFORE, the parties hereto, in consideration of the premises and the mutual promises herein contained, hereby covenant and agree as follows:

1. The Contractor Shall:

    1.1 Perform all emergency repairs in relation to heating systems immediately.

    1.2 Commence and complete all work by the dates agreed upon between ______________________________

    and the contractor as put forth in the weatherization form WX-14 of his Contract.

    1.3 Perform work in an acceptable manner and Contractor hereby warrants to ___________________________

    that all equipment furnished under this contract will be new, unless otherwise agreed to by the parties, and

    that all al work will be of good quality, free from faults and defects, and in conformance with Kentucky

    Housing Corporation Weatherization Operations Manual’s agreed to by the parties hereto. Furthermore, all

    work not conforming to these requirements, including substitutions not properly approved and authorized,

    may be considered defective.

    1.4 Perform, supervise, and direct the work using his/her best skill and attention, said Contractor being solely

    responsible for all construction, means, methods, techniques, sequences, and other procedures.

    1.5 Be responsible to ___________________________________ for the acts and omissions of his employees,

    Subcontractors and their agents and employees, and other persons performing any other work under a

    contract with the Contractor.

    1.6 Provide and pay for any labor, materials, equipment, tools, construction equipment and machinery,

    transportation, and other facilities and services necessary for the proper execution and completion of work.

    1.7 Give all notices and comply with all federal, state, and locale codes, ordinances, rules and regulations

    including NFPA 54, 211, AND 31 bearing on the performance of the work.

    1.8 At all times, keep the premises and rooms clean and free from accumulation of waste materials or rubbish

    caused by his/her operations, and at the completion of the work, Contractor shall remove all his rubbish and

    waste materials from and about the project, as well as all his tools, construction equipment, machinery,

    surplus materials, and any materials and equipment removed or replaced by the Contractor as part of the of

    the work performed. If the contractor fails to clean up at the completion of the work __________________

    __________________________________ may do so, and the cost thereof shall be charged to the

    contractor and may be offset against any obligations owed to the Contractor by ______________________


    Kentucky Housing Corporation WX-12 Department of Design & Construction Review (REV. 9/10/2003) (Weatherization)

    Non-Financial Agreement: Page 2

    1.9 Re-execute any work that in the opinion of ___________________________________ fails to conform to

    the requirements of the Contract and appear during the progress of the work, and shall remedy any defects

    due to faulty materials or workmanship which appears within a period of one (1) year from the date of the

    completion. The provisions of this article apply to work done by Subcontractors as well as to work done by

    direct employees of the Contractor.

1.10 Prior to disbursement of funds by _____________________________, furnish the Owner or Renter with

    all the manufactures’ and suppliers’ written guarantees and warranties covering material and equipment

    furnished under contract.

    1.11 Permit an authorized representative of ____________________________ to inspect the weatherization

    work at any time during progress of the work and before final payment is made.

    2. __________________________________________ shall have the right to require the Contractor to furnish

    bond covering the faithful performance of the Contract and payment of all obligations arising thereunder.

    3. The Contractor shall purchase and maintain such insurances as will protect him/her and ___________________

    ___________________________ from claims set forth below which may arise out of or result from the

    Contractor’s operation under this contract, whether such operations be by him/herself or by a Subcontractor or

    by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be


3.1 Claims under Worker’s Compensation, disability benefits, and other similar employee benefit Acts. Should

    Contractor fail to carry Worker’s or Workman’s Compensation benefits, he will assume the liability for

    claims which may arise out of or result from contractor’s or any of his employees’ or Subcontractors’,

    operations under contract.

    3.2 Claims for damages because of bodily injury, occupational sickness, disease or death of his/her employee.

    3.3 Claims for damages because of bodily injury, occupational sickness, disease or death other than employees.

    3.4 Claims for damages insured by the usual personal injury liabilities coverage which are sustained (1) by any

    person as a result of any offence directly or indirectly related to the employment of such person by the

    Contractor or (2) by any other person.

    3.5 Claims or damage because of bodily injury of any person or property damage rising out of this ownership,

    maintenance, or use of any motor vehicle.

    4. The insurance required by section 3 hereof shall be written in amounts acceptable to

    ________________________________________, and prior to commencement of the work,

    _________________________________________ has the right to require the contractor to file with

    ________________________________________ certificates of insurance evidencing such coverage.

    5. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless

    ________________________________________ and their agents and employees from and against claims,

    damages, losses, and expenses, including but not limited to attorney’s fees, arising out of or resulting from,

    whether directly or indirectly, to performance of the work, the enforcement of this Agreement , or any other

    source. In any and all claims against _________________________________________ or any of their

    agents or employee’s by any employee of the Contractor, any Subcontractor, anyone directly or in directly

    employed by any of them, or anyone for whose acts of them be liable, the indemnification obligation herein

    shall not be limited in any way by any limitation of amount or type of damages, compensation or benefit

    payable by or for the contractor or Subcontractor under Worker’s or Workmen’s Compensation Acts,

    Disability Benefit Acts or Employee Benefit Acts.

    6. Contractor will furnish all the labor, equipment, and materials, and do all the work described in the WX-

    900 and WX-900P in accordance with this Agreement.

    Kentucky Housing Corporation WX-12 Department of Design & Construction Review (REV. 9/10/2003) (Weatherization)

    Non-Financial Agreement: Page 3

    7. After Contractor has completed all work and passed a final inspection by ______________________

    ________________________ (agency), _______________________________________ (agency) hereby

    promise to pay the sum specified in weatherization form WX-14 of this contract provided that the work

    has been performed in accordance with terms hereof.

    8. The weatherization form WX-14 of this contract shall include as attachments any and all proposals,

    drawing and plans (if applicable), and WX -900.

9. This contract shall be governed by the law of the State of Kentucky.

    10. The Contractor and _______________________________________ each binds himself, his partners,

    successors, assigns and legal representatives of such other party in respect to all covenants, agreements, and

    obligations contained in this Agreement. Neither party to this Agreement shall assign the Agreement or

    sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due

    or to come due to him hereunder, without the previous written consent of


    11. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder

    shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed

    or available by law.

    12. No action or failure to act by ________________________________ shall constitute a waiver of any right

    or duty afforded under this Agreement , nor shall any such action or failure to act constitute an approval of

    or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

13. This hereby agreed to be of the essence.

    14. Fill out applicable weatherization forms accurately and completely for each individual job.

    15. Agency/Contractor Agreement, WX-14, once agreed upon and signed by __________________________

    _________________________ (agency) and the Contractor, shall become a legal and binding Contract.

    16. This Agreement constitutes the complete and final agreement between parties. Any amendments,

    modifications, additions, or changes thereto shall be voidable unless both parties give there written consent

    to such amendments, modifications, additions, and changes.

    EXECUTED THIS ___________________________DAY OF _________________________20______________

    Name of Agency Name of Contactor

    Weatherization Coordinator Signature Contractor Signature (or certified official)

    Agency Address Contractor Address

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