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BOARD OF BEAVER COUNTY COMMISSIONERS BEAVER COUNTY, PENNSYLVANIA (Beaver County Information Technology)

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1/7/2020 Construction Revised
BOARD OF BEAVER COUNTY COMMISSIONERS
BEAVER COUNTY, PENNSYLVANIA
COMMUNITY DEVELOPMENT PROGRAM
OF BEAVER COUNTY
SPECIFICATIONS FOR
PROJECT NUMBER:
PROJECT NAME:
LOCATION:
DATE:
PREPARED BY:
Engineer’s Seal
PHONE:
FOR:
Community Development Program of Beaver County
1013 Eighth Avenue
Beaver Falls, PA 15010
Phone: 724-770-2040
Fax: 724-847-3861
1/7/2020 Construction Revised
TABLE OF CONTENTS
INVITATION FOR BIDS ............................................................................................. A-1
INSTRUCTIONS TO BIDDERS ...............................................................................B-1-5
FORM OF PROPOSAL..............................................................................................C-1-6
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER.......................................... D-1-3
CERTIFICATE OF COMPLIANCE (CONFLICT OF INTEREST)……………….D-4-6
PRIME CONTRACTOR VERIFICATION…………………………………………...D-7
BID BOND ................................................................................................................. E-1-2
CERTIFICATE OF CORPORATE PRINCIPAL…………………………………....F-1-2
CERTIFICATE OF BIDDER REGARDING EEO ......................................................G-1
CERTIFICATE OF SUBCONTRACTOR REGARDING EEO/ELIGIBILITY ...... H-1-2
SECTION 3 REQUIREMENTS ................................................................................. I-1-9
EXECUTIVE ORDER 11625......................................................................................... J-1
AGREEMENT........................................................................................................... K-1-4
CORPORATE CERTIFICATE……………………………………………………...L-1-2
PARTNERSHIP CERTIFICATE / LLC CERTIFICATE..........................................M-1-2
NO LIEN AGREEMENT ..............................................................................................N-1
CERTIFICATE OF OWNER'S ATTORNEY...............................................................O-1
GENERAL INSTRUCTIONS FOR BONDS ............................................................... P-1
PERFORMANCE BOND ......................................................................................... Q-1-2
LABOR AND MATERIALMAN’S BOND (PAYMENT BOND) ...........................R-1-3
MAINTENANCE BOND .......................................................................................... S-1-2
WORKMEN'S COMPENSATION AFFIDAVIT ......................................................... T-1
INSURANCE CERTIFICATE ......................................................................................U-1
WAGE RATE DETERMINATION ..............................................................................V-1
GENERAL CONDITIONS ...................................................................................GC-1-19
SUPPLEMENTAL GENERAL CONDITIONS .................................................SGC-1-17
TECHNICAL SPECIFICATIONS
DRAWINGS
1/7/2020 Construction - Revised
A-1
INVITATION FOR BIDS
URBAN COUNTY COMMUNITY DEVELOPMENT PROJECT
SEALED BIDS shall be received at the Controller's Office, Beaver County Courthouse, 810 Third Street,
Beaver, PA 15009 until 4:30 P.M. Monday for providing all labor and material for
the .
Bids will be publicly opened and read at a regularly scheduled Bid Opening Meeting at the Commissioners
Conference Room, Beaver County Courthouse, Beaver, PA at 9:00 A.M. Tuesday,
.
Bid Documents may be obtained at the office of
.
Deposit and refund policy will be determined by the Architect / Engineer.
Bids must be submitted on prescribed forms, complete with instructions provided herewith. Bid Proposal
must be accompanied by a Bid Security, as a Certified or Cashier’s Check, or original Corporate Surety Bid
Bond with original Power of Attorney, in the amount of 10% of the Bid Proposal, made in favor of the County
of Beaver, Pennsylvania. Facsimiles will not be accepted. MBE, WBE and Section 3 businesses are
encouraged to apply.
Standard contract provisions of the Department of HUD Act of 1968 as amended and US Department of Labor
for CDBG apply to this project, including Federal Prevailing Wage Rates, Civil Rights, EEO, Federal Public
Works, Affirmative Action, Section 3 Requirements, and Section 504 of the Rehabilitation Act of 1973, EO
11246, 11625 together with all Standard Provisions of CDBG Programs.
The County of Beaver, Pennsylvania reserves the right to reject any or all proposals, to waive informalities,
and to award Contracts in its best interest.
Beaver County Commissioners
Daniel C. Camp, III, Chairman
Jack Manning
Tony Amadio
1/7/2020 Construction - Revised
B-1
INSTRUCTIONS
1.
Scope of Work
Beaver County is reserving the right to not award certain bid items or portions thereof, based on available
funding. Bidders are invited to submit unit price proposals for furnishing all work shown on the Drawings
and described in the Specifications for the following project:
Special Instructions to Bidders:
Bid and Contracts
a.
Bids must be sealed and addressed to:
Office of Controller of Beaver County
Beaver County Courthouse
810 Third Street
Beaver, PA 15009
Identify on the envelope the project for which the bid is being submitted. Each bid must be
submitted on the forms furnished to the bidders. Bids submitted after the bid closing time will not
be accepted.
Bid documents must include those forms listed under Item 14 of the Instructions.
b.
Contracts: The successful bidder will be required to execute the contract for construction and return
the contract accompanied by the Performance Bond, Labor and Material man’s and Maintenance
Bonds and Insurance Certificates herein described, within ten (10) calendar days after the
documents are presented to him.
c.
Corrections: Erasures or other changes in the bid must be explained or noted over the signature of
bidder.
d.
Withdrawal of Bids: Bids may be withdrawn on written or telegraphic requests received from
bidder prior to the time fixed for opening. A bidder may also withdraw his proposal providing he
does so according to Pennsylvania law.
2.
Proposal Security
A bid security in an amount equal to at least ten percent (10%) of the bid shall be submitted with each bid.
This shall be in the form of a certified check, or bid bond with good and sufficient surety. The payee in any
instance shall be:
COUNTY OF BEAVER (PA)
Bid securities will be returned to all except the three (3) lowest bidders after the bid opening. The
remaining bid securities will be returned when the executed contract is delivered to the successful bidder.
1/7/2020 Construction - Revised
B-2
3.
Investigation of Conditions and Errors in Bid
a.
It is required that firm visit the site and acquaint themselves with all available information
concerning the condition of the site, the availability of labor, and the local conditions having a
bearing on the transporting, handling, and storing of materials and equipment.
b.
Bidders or their authorized agents are expected to examine the drawings, specifications, schedules
and all other instructions pertaining to the work which are supplied with this project.
c.
Failure to acquaint himself with all available information concerning the existing conditions will
not relieve the successful firm of the responsibility for estimating the difficulties and costs of
successfully performing the completed work as required, and he cannot secure relief on the pleas of
error in his proposal.
d.
The County of Beaver, hereinafter referred to as the County, reserves the right to waive minor
irregularities or minor errors in any proposal, if it appears to the County that such irregularities or
errors so waived must be corrected on the proposal in which they occur prior to the execution of
any contract, which may be awarded thereon.
4.
Method of Award or Rejection of Proposals
a.
If proposals received are determined by the County to be satisfactory, contracts will be awarded to
the lowest responsible firm within sixty (60) days after the date of opening proposals.
b.
The contract will be awarded to the lowest responsible bid conforming to the contract documents,
whichever is most advantageous to the County, price and other factors considered.
c.
The County reserves the right to determine the lowest responsible bidder for contract award
purposes based upon any combination of base bid items and/or alternate bid items depending upon
project funding availability. Should the base bids received for this project be greater than projects
funds available, the County reserves the right to reduce and/or eliminate the proposed project work
items from the base bid with no other price adjustment consideration by the bidders.
d.
Should such successful firms fail or refuse to execute a contract and furnish satisfactory contract
security within ten (10) days after a written notification of the award of the contract by the County,
the firm shall be considered to have abandoned the proposal. The term "successful firm" shall be
deemed to include any firm whose proposal is accepted after another firm has previously refused or
been unable to execute the contract or to furnish satisfactory contract security.
e.
The County reserves the right to accept or reject any or all proposals as may be deemed in the best
interest of the County.
5.
Time of Performance
Work shall commence within ten (10) calendar days after a "Notice to Proceed" is issued. The contractor
shall fully complete all the work within the time stated and under the conditions enumerated in the contract
agreement.
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B-3
6.
Federal Occupational Safety and Health Act
The bidder's attention is called to Special General Conditions Section of the Specification, which concerns
compliance with the Federal Occupational Safety and Health Act of 1970.
7.
Prevailing Wages:
The minimum wage rates for each craft or classification of all workmen needed to perform this contract
during the anticipated term hereof shall be governed by the Federal Minimum Wage Schedules. (Refer to
the wage rate determination in Section V). Prevailing Wage: Davis-Bacon Act (40 U.S.C. 276a - 276a-5).
NOTE: Based on the bidder’s bid, when the amount exceeds $2,000, for this project work, bidders shall
base their bid prices, using the prevailing wage determinations.
The Davis-Bacon Act (DBA) provides that contracts in excess of $2,000 to which the United States is party
for the construction, alteration, and/or repair, including painting and decorating, of public buildings or
public works, which involve the employment of laborers and/or mechanics shall contain provision with
respect to minimum wages, fringe benefits, payments without deductions or rebates, withholding funds
from contractors to ensure compliance with the wage provisions, and terminations of the contract or
debarment for failure to adhere to the required provisions. HUD construction covered by the DBA itself
consists of Secretary acquired properties where repairs or improvements are being made under a
construction contract between HUD and the contractor.
NOTE: To assure the County of Beaver compliance to the prevailing wage rates, payroll forms with
original signature must be furnished with each and all requests for periodic estimate payments from the
contractor.
8.
Equal Employment Opportunity
Attention of bidders is particularly called to the requirement for ensuring the employees and applicants for
employment are not discriminated against because of their race, color, religion, sex or national origin.
9.
Taxes
Bid prices quoted must include furnishing of materials, delivery, and labor to install the items herein
requested. All bid prices quoted for the finished project/product shall include taxes where applicable. In
particular, all bidders shall comply with Act 45 of April 23, 1998, the Tax Reform Act of 1971, codified at
72 P.S. sections 7201, 7202, and 7204 relating to Pennsylvania’s Sale and Use Tax. All bidders must
indicate on which item(s) tax was included or excluded.
10.
Other Federal Requirements
The contractor shall refer to the Supplemental General Conditions for any other Federal requirements for
this contract.
Attention of bidders is particularly called to the requirement for ensuring compliance with Section 3. For
bids of $100,000 or more, the contractor or subcontractor shall, to the greatest extent feasible, hire low and
very low income project area residents or contract with businesses owned by these persons or that
substantially employ low and very low income project area residents.
1/7/2020 Construction - Revised
B-4
11.
Permits
It shall be the responsibility of the contractor to secure all permits, plan reviews, licenses, certificates for
inspection, and any other legally required paperwork required by all government agencies for all work
performed under this contract.
12.
Subcontracts
The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a
subcontract under this contract:
a.
Must be acceptable to the County and the U. S. Department of Housing and Urban Development.
b.
May have to submit a Certification of Compliance with Executive Order 11246 and HUD Section 3
Requirements. Approval of the proposed subcontract award cannot be given by the County unless
and until the proposed subcontractor has submitted the certification and/or other evidence showing
that it has fully complied with any reporting requirements to which it is or was subject.
13.
Guarantees
The following guarantees shall be required:
a.
A Performance Bond with good and sufficient surety or sureties for the protection of the County
shall be executed in a penal amount of one hundred percent (100%) of the contract price.
b.
A Labor and Materialman's Bond with good and sufficient surety or sureties for the protection of
persons furnishing material and labor of the work shall be executed in a penal amount of one
hundred percent (100%) of the contract price.
c.
In addition to the contract sureties noted above, a Maintenance Bond with good and sufficient
surety or sureties in a penal amount of one hundred percent (100%) of the contract price shall
guarantee against defective or inferior materials or workmanship which may develop during the
period of two (2) years from the date of the completion and acceptance of work performed under
each contract.
14.
Required Form Checklist
The forms listed below must be submitted, as indicated, with every proposal for any project funded by the
Community Development Block Grant Program:
o
Form of Proposal ....................................................................................... Pages C-1 through C-6
o Bid Bond…………………………………………………………………..Pages E-1 through E-2
All successful bidders, prior to contract execution, must submit the following forms, as appropriate:
o
Non-Collusion Affidavit of Prime Bidder……………………………….Pages D-1 through D-3
o
Conflict of Interest and Certification(s) of Compliance…………………Pages D-4 through D-6
o
Prime Contractor Verification………………………………………………………….Page D-7
1/7/2020 Construction - Revised
B-5
o
Certificate of Corporate Principal ............................................................ Pages F-1through F-2
o
Certificate of Bidder Regarding EEO (E.O. 11246)………………………………….Page G-1
o
Certificate of Subcontractor Regarding EEO/Eligibility………………Pages H-1 through H-2
o
Section 3 Requirements (for contracts over $100,000)…………………Pages I-1 through I-9
o
Minority Business Utilization Executive Order 11625………………………………..Page J-1
o Agreement……………………………………………………………...Pages K-1 through K-4
o
Corporate Certificate ………………………(if applicable)………………Page L-1through L-2
o
Partnership Certificate/LLC Certificate……(if applicable)……………..Page M-1through M-2
o No Lien Agreement………………………………………………………………….....Page N-1
o
Certificate of Owner’s Attorney……………………………………………………….Page O-1
o
General Instructions for Bonds…………………………………………………………Page P-1
o
Performance Bond……………………………………………………...Pages Q-1 through Q-2
o
Labor and Materialman’s Bond (Payment Bond)……………………...Pages R-1 through R-3
o
Maintenance Bond……………………………………………………….Pages S-1 through S-2
o
Workmen’s Compensation Affidavit…………………………………………………..Page T-1
o Insurance Certificate……………………………………………………………………Page U-1
o
Subcontractors…………………………See also…Pages GC-4 through GC-5 and Page SGC-4
1/7/2020 Construction - Revised
C-1
PROJECT INTENTION:
FORM OF PROPOSAL
FOR (Name of Project):
FROM (Official Company Name and Address):
1.
The undersigned, having examined the existing conditions in the project area affecting the cost of
the work and with the contract documents which includes but is not limited to the Invitation for
Bids, Instructions to Bidders, Form of Proposal, the Form of Bid Bond, Form of Agreement, Form
of Non-Collusion Affidavit, General Conditions, Special Conditions, Technical Specifications, and
Drawings and Form of Surety Bonds; as prepared and prescribed by the County of Beaver and on
file in the offices of the Community Development Program of Beaver County, hereby propose to
furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and
services, including utility and transportation services and to perform and complete all work
required for the referenced project all in accordance with the above listed documents, for the
following unit prices:
Signature
Title
In case of discrepancy, the written amount will govern.
1/7/2020 Construction - Revised
C-2
Base Bid
Project Name and No:
Item
No.
Description
Quantity
Unit
Unit Price
In Figures
Unit Price Written
Total
TOTAL BID AMOUNT:
(Print or type amount using alphabetical letters)
(Print or type amount using numerical letters)
Signature
Title
In case of discrepancy, the written amount will govern.
1/7/2020 Construction - Revised
C-3
Alternate Bid
Project Name and No:
Item
No.
Description
Quantity
Unit
Unit Price
In Figures
Unit Price Written
Total
TOTAL BID AMOUNT:
(Print or type amount using alphabetical letters)
(Print or type amount using numerical letters)
1/7/2020 Construction - Revised
C-4
2.
In submitting this bid, the bidder understands that the right is reserved by the Commissioners of
Beaver County to reject any or all bids. If written notice of the acceptance of this bid is mailed,
telegraphed, or delivered, in writing, to the undersigned within sixty (60) days after the opening
thereof, or at any time thereafter before this proposal is withdrawn, the undersigned agrees to
execute and deliver an agreement in the prescribed form within ten (10) days after the agreement is
presented to him for signature.
3.
Security in the amount of:
Dollars ($ ), in the form of is
submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS.
4.
Attached hereto is an affidavit of proof that the undersigned has not colluded with any person in
respect to this bid or any other bid for the contract for which this bid is submitted.
5.
The bidder hereby acknowledges receipt of the following issues of addenda, if any, distributed by
the engineer.
Addendum No.: Date: Initial:
Addendum No.: Date: Initial:
Addendum No.: Date: Initial:
Addendum No.: Date: Initial:
6.
The undersigned bidder is prepared to submit a financial and experience statement upon request by
the County of Beaver.
If an individual, partnership, or non-incorporated organization
Signature of Bidder:
Title:
Address of Bidder:
1/7/2020 Construction - Revised
C-5
Names and Addresses of Members of Firm:
If a Corporation
Signature of Bidder:
Title:
Business Address:
Incorporated under the laws of the State of:
Names of Officers: President:
Address:
Secretary:
Address:
Treasurer:
Address:
Names and Addresses of Additional Owners:
Name:
Address: _
Name:
Address:
Name:
Address:
Name:
Address:
1/7/2020 Construction - Revised
C-6
EXCEPTIONS ADDENDUM
7.
The following addendum, to be completed in full compliance with the provisions of the
specifications of this proposal, shall constitute all the exceptions which the undersigned bidder has
taken to the specifications of this proposal; in every other respect, the bids herewith submitted are
made in full conformity with the specifications of the proposal:
1/7/2020 Construction – Revised
D-1
NON-COLLUSION AFFIDAVIT
State of Project No.
County of
I state that I am of
Title Name of firm
and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors and officers. I am the
person responsible in my firm for the price(s) and the amount of this bid.
I state that:
1. The price(s) and amount of this bid have been arrived at independently and without consultation, communication
or agreement with any other contractor, bidder or potential bidder.
2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of
this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be
disclosed before bid opening.
3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract,
or to submit a bid higher than this bid, or to submit an intentionally high or noncompetitive bid or other form of
complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement
from, any firm or person to submit an intentionally high or noncompetitive bid or other form of complementary
bid.
5. , its affiliates, subsidiaries, officers,
(Name of my firm)
directors and employees are not currently under investigation by any governmental agency and have not, in the
last four years, been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction,
involving conspiracy or collusion with respect to proposing on any public contract, except as follows:
I state that
Name of firm
understands and acknowledges that the above representations are material and important, and will be relied on by the
County of Beaver in awarding the contract(s) for which this bid is submitted.
I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent
concealment from the County of Beaver of the true facts relating to the submission of bids for this contract.
Signature
Name
Title
SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20
My Commission Expires
Notary Public
D-2
1/7/2020 Construction – Revised
INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT
1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the
Pennsylvania Anti Bid-Rigging Act, 73 P.S. SS 1611 et seq., governmental agencies may require Non-
Collusion Affidavits to be submitted together with bids.
2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who
makes the final decision on prices and the amount quoted in the bid.
3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection
with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs
the Affidavit should examine it carefully before signing and assure himself/herself that each statement is true
and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the
bidder with responsibilities for the preparation, approval or submission of the bid.
4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid
documents, and a Non-Collusion Affidavit must be submitted separately on behalf of each party.
5. The term "complementary bid" as used in the Non-Collusion Affidavit has the meaning commonly
associated with that term in the bidding process, and includes the knowing submission of bids higher than the
bid of another firm, an intentionally high or noncompetitive bid, and any other form of bid submitted for the
purpose of giving a false appearance of competition.
6. Failure to file a Non-Collusion Affidavit in compliance with these instructions will result in disqualification
of the bid.
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D-3
BEAVER COUNTY AFFIDAVIT
As an authorized representative of , I do hereby swear and affirm that
neither or any of its agents or employees has given or assigned or has agreed
to give or assign any affiliated work or agreed to give any assistance in receiving any affiliated work to any officer,
agent, or employee of Beaver County or to any concern that is in any way affiliated with any officer, agent, or
employee of Beaver County, with an agreement or understanding to receive consideration for county business in
connection with the above project and contract.
Signed:
Title:
Date:
Witness:
1/7/2020 Construction – Revised
D-4
CDBG PROGRAM CONFLICT OF INTEREST PROVISIONS
Effective Date: August 31, 2016
Subject: CDBG Program Conflict of Interest Provisions
Policy: Conflicts prohibited.
It is necessary for the County to identify any potential conflicts of interest
and seek an exception from HUD, if necessary.
§ 570.611 Conflict of interest.
(a)
Applicability.
(1) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest
provisions in 2 CFR 200.317 and 200.318 shall apply.
(2) In all cases not governed by 2 CFR 200.317 and 200.318, the provisions of this section shall apply. Such cases include the
acquisition and disposition of real property and the provision of assistance by the recipient or by its subrecipients to individuals,
businesses, and other private entities under eligible activities that authorize such assistance (e.g., rehabilitation, preservation, and
other improvements of private properties or facilities pursuant to § 570.202; or grants, loans, and other assistance to businesses,
individuals, and other private entities pursuant to § 570.203, 570.204, 570.455, or 570.703(i)).
(b)
Conflicts prohibited.
The general rule is that no persons described in paragraph (c) of this section who exercise or have
exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to
participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a financial interest or
benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-
assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall
apply to all activities that are a part of the UDAG project, and shall cover any such financial interest or benefit during, or at any time
after, such person's tenure.
(c)
Persons covered.
The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee,
agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or of
subrecipients that are receiving funds under this part.
(d)
Exceptions.
Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this
section on a case-by-case basis when it has satisfactorily met the threshold requirements of (d)(1) of this section, taking into account
the cumulative effects of paragraph (d)(2) of this section.
(1)
Threshold requirements.
HUD will consider an exception only after the recipient has provided the following documentation:
(i) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a
description of how the public disclosure was made; and
(ii) An opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law.
(2)
Factors to be considered for exceptions.
In determining whether to grant a requested exception after the recipient has
satisfactorily met the requirements of paragraph (d)(1) of this section, HUD shall conclude that such an exception will serve to further
the purposes of the Act and the effective and efficient administration of the recipient's program or project, taking into account the
cumulative effect of the following factors, as applicable:
(i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that
would otherwise not be available;
(ii) Whether an opportunity was provided for open competitive bidding or negotiation;
(iii) Whether the person affected is a member of a group or class of low- or moderate-income persons intended to be the beneficiaries
of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made
available or provided to the group or class;
(iv) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process with
respect to the specific assisted activity in question;
(v) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this
section;
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D-5
(vi) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served
by avoiding the prohibited conflict; and
(vii) Any other relevant considerations.
[60 FR 56916, Nov. 9, 1995, as amended at 80 FR 75938, Dec. 7, 2015]
Purpose: To assure that conflict of interest requirements as set forth in 24 CFR parts
85.36 and 84.42 and 24 CFR 570.611 are met in all CDBG activities.
Procedure: Community Development will seek assurance from the Human Resources department that any
person who is an employee, agent, consultant, officer, or elected official or appointed official of
the recipient, or of any designated public agencies, or of subrecipients that are receiving funds
under this part are not county employees and have not been employed by the County within
the past 12 months.
If the party seeking funds meets the above criteria, but the County does not view the issue as a
potential conflict of interest, the Community Development Program may seek exception, in
writing, directly from HUD.
1/7/2020 Construction – Revised
D-6
Certification of Compliance
HUD-Related Conflict of Interest
(24 CFR 85.36 and 84.42 and 24 CFR 570.611)
Community Development Block Grant (CDBG)
THIS SECTION TO BE COMPLETED BY CDBG OFFICE ONLY:
Project# or Program Name: ___________________
THIS HIGHLIGHTED SECTION BELOW TO BE COMPLETED BY APPLICANT ONLY:
Financial Interest or Benefit from a CDBG Activity (Conflict of Interest)
Persons covered: Any person who is an employee, agent, consultant, officer or elected or appointed official of the County of
Beaver.
No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted under this part,
or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may
obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or
agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for
themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.
CERTIFICATION
I have read the conflict of interest provisions indicated and certify that the individual identified below will comply with all provisions
and identify instances where conflict of interest or appearance of conflict of interest may exist.
I AM NOT a County employee and have not been employed by the County within the past 12 months. (Check) ________
OR
I AM a County employee and/or have been employed by the County within the past 12 months. (Check) ________
• County Department _______________________________________________________________________
• Title/Position ____________________________________________________________________________
• Dates of Employment ______________________________________________________________________
___________________________Signature of Certifying Individual ________________________Name (typed or printed)
___________________________Date
THIS SECTION TO BE COMPLETED BY BEAVER COUNTY HUMAN RESOURCES ONLY:
I certify that the above information is correct.
___________________________________________ Authorized Human Resources Representative
_____________Date
D-7
1/7/2020 Construction – Revised
PRIME CONTRACTOR VERIFICATION
Project Number:
Project Name:
SUBMIT THIS FORM TO:
Community Development Program of Beaver County
1013 Eighth Avenue
Beaver Falls, PA 15010
CONTRACTOR INFORMATION
Company
Name:
Address: State: ZIP:
Telephone: OR Federal ID No.: -
PRINCIPAL(S):
TITLE(S):
Prime Contractor Signature
Date
City:
IRS No.:
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
As Principal, and as Surety are held and firmly bound unto
County of Beaver (hereinafter called the County), in the sum of Dollars,
lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying
bid, dated , 20 for
.
NOW THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the
opening of the same, or, if no period be specified, within sixty (60) days after said opening, and shall within the
period specified therefore, or, if no period be specified, within ten (10) days after the prescribed forms are
presented to him for signature, enter into a written contract with the County in accordance with the bid accepted,
and give bond with good and sufficient surety, as may be required, for the faithful performance and proper
fulfillment of such contract, or in the event of the withdrawal of said bid within the period specified, or the failure
to enter into such contract and give such bond within the time specified, if the Principal or his Surety shall pay the
County ten percent (10%) of the amount specified in said bid as liquidated damages, then the above obligation shall
be void and of no effect, otherwise to remain in full force and virtue.
IN WITNESS WHEREOF, the above-burden parties have executed this instrument under their several scale seals
this day of , 20 , the name and corporate seal of each corporate party being hereto affixed
and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
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IN PRESENCE OF:
Individual Principal SEAL
Address Business Address
SEAL Individual Principal
Address Business Address
ATTEST:
Corporate Principal
Business Address
By:
AFFIX CORPORATE SEAL
Corporate Surety
WITNESS:
Printed Name
Corporate Surety
Printed Name
Business Address
Power-of-Attorney for person signing for Surety Company must be attached to bond.
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CERTIFICATE OF CORPORATE PRINCIPAL
I, certify that I am the Secretary of the Corporation named as
Principal in within Bond; that who signed the said Bond
on behalf of the Principal was then of said
Corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said Bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body.
Secretary
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CERTIFICATE OF CORPORATE PRINCIPAL
I, _certify that I am the (title) of the LLC named as
Principal in within Bond; that who signed the said Bond on
behalf of the Principal was then (title) of said LLC; that I know his/her signature,
and his/her signature thereto is genuine; and that said Bond was duly signed, sealed, and attested for and in behalf
of said LLC by authority of its governing body.
Authorized Signature
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-15). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as
an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or
subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,
such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No
contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
NAME AND ADDRESS OF BIDDER (Including ZIP Code)
1.
Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes No
2.
Compliance reports were required to be filed in connection with such contract or subcontract.
Yes No
3.
Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes No None Required
4.
Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as
amended?
Yes No
NAME AND TITLE OF SIGNER (Please type)
SIGNATURE DATE
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H-1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY/ELIGIBILITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-15). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as
an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or
subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under applicable
instructions, such subcontractor shall be required to submit a compliance report before the owner approves the
subcontract or permits work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
NAME AND ADDRESS OF SUBCONTRACTOR (Including ZIP Code):
1.
Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes No
2.
Compliance reports were required to be filed in connection with such contract or subcontract.
Yes No
3.
Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes No None Required
4.
Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as
amended?
Yes No
NAME AND TITLE OF SIGNER (Please type)
SIGNATURE DATE
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H-2
SUBCONTRACTOR ELIGIBILITY VERIFICATION FORM
THIS FORM IS TO BE SUBMITTED PRIOR TO THE SUBCONTRACTOR BEGINNING WORK.
Project Number:
Project Name:
Prime Contractor:
Amount of sub-contract: $
SUBMIT THIS FORM TO:
Community Development Program of Beaver County
1013 EIGHTH AVENUE
BEAVER FALLS, PA 15010
SUBCONTRACTOR INFORMATION
Company Name:
Address: City: State: ZIP:
Telephone: IRS No.: OR Federal ID No.: -
PRINCIPAL(S): TITLES(S):
Subcontractor Signature Date
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Section 3 Requirements
"Section 3" Compliance in the Provision of Training, Employment and Business Opportunities (for agreements
in excess of $100,000)
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 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of 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 very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
B.
The parties to this contract agree to comply with HUD's regulations in 24 CFR, part 135, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under
no contractual or other impediment that would prevent them from complying with the part 135 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 contractor'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 forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each;
and the name and location of the person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
D.
The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR, part 135, and agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this section 3 clause, upon a finding 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 before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR, part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR, part 135.
F.
Noncompliance with HUD's regulations 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 Indian housing 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 (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) 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).
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Contractor's Section 3
Certification of Compliance
County of Beaver, PA's Certification of Compliance with Regulations to Section 3 of the Housing and Urban
Development Act of 1968 as required for Participation in all HUD Programs.
Purpose, Authority and Responsibility
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (hereinafter Section
3)
requires that to the greatest extent feasible, opportunities for training and employment in a Section 3 covered
project be given to lower income residents of the project area and that contracts for work in connection with the
project be awarded to business concerns which are located in or owned in substantial part by persons residing in the
area of the project.
(Contractor's Name)
Hereinafter called the Contractor, upon awarded a contract for:
(Project Name)
In the County of Beaver, to the extent feasible, will make a good faith effort to train and employ lower income
residents and shall make a good faith effort to utilize the services of businesses located in or substantially owned by
persons who live within the project boundaries.
The Contractor has been informed by the County, that the HUD Area Office Director has determined that the
project area boundaries for the Section 3 covered assistance are the corporate limits of the County.
To complete the project it is estimated that the Contractor's work force needs will be as reflected in the Table of
Manpower Utilization Training and Work Force Needs.
To complete the project it is also estimated that the Contractor will be subcontracting for supplies and services for
which certain business concerns eligible under Section 3 could provide. In order to comply with the regulations for
utilization of businesses under Section 3, the Contractor will adopt an Affirmative Action Plan. The Contractor will
also require each subcontractor, if any, to adopt an Affirmative Action Plan.
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WORK FORCE NEEDS TABLE
(EMPLOYEES)
OCCUPATION/
CATEGORY
APPROX.
NUMBER OF
SKILLED
EMPLOYEES
REQUIRED
TOTAL
NUMBER OF
SKILLED
EMPLOYEES
PRESENTLY
ON PAYROLL
TOTAL
NUMBER OF
SKILLED
EMPLOYEES
TO BE HIRED
TOTAL
NUMBER OF
LOWER
INCOME
RESIDENTS TO
BE HIRED
The following are the occupational category classifications that should be inserted in the Table:
1.
Professional
2.
Technicians
3.
Office/Clerical
4.
Tradesman:
a.
Carpenter,
b.
Electrician
c.
Laborer
d.
Other
Employment Certification
A.
The Contractor certifies that the above table represents the approximate number of employee positions that
are needed and which are not presently filled by regular and permanent employees, and which new
employees will be required in the execution of the
contract and also represents the number of lower income County residents that the Contractor proposes to
make a good faith effort to employ.
B.
The Contractor certifies that it will make a good faith effort to employ the number of lower income
employees stated above by contacting such community based organizations and service agencies in addition
to advertising through the County's newspapers and erecting signs on the project site contractor's
employment posters.
C.
The Contractor, prior to subcontracting any portion of the work covered by this contract will require a
Manpower Utilization Table to be prepared and certification similar to paragraph A, B, and C to be
executed.
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MANPOWER UTILIZATION TRAINING TABLE
(TRAINEES)
OCCUPATION/
CATEGORY
APPROX.
NUMBER OF
TRAINEES
REQUIRED
TOTAL
NUMBER OF
TRAINEES
PRESENTLY
ON PAYROLL
TOTAL
NUMBER OF
TRAINEES TO
BE
HIRED
TOTAL
NUMBER OF
LOWER
INCOME
TRAINEES TO
BE HIRED
The following are the occupational category classifications that should be inserted in the Table:
1.
Professional
2.
Technicians
3.
Office/Clerical
4.
Tradesman:
a.
Carpenter
b.
Electrician
c.
Laborer
d.
Other
Trainee Certification
A.
The Contractor certifies that the above table represents the approximate number of trainee positions
required in the execution of the contract and
also represents the number of lower income County residents that the Contractor proposes to utilize in
filling trainee positions.
B.
The Contractor certifies that it will make a good faith effort to fulfill the number of lower income trainees
stated above by utilizing such community based organizations.
C.
The Contractor certifies that trainees to be utilized on this project in no event are less than the number of
trainees determined by the Secretary of Labor for each building construction occupation.
D.
The Contractor, prior to subcontracting any portion of the work covered by this contract will require a
Manpower Utilization Table to be prepared and certifications similar to paragraphs A, B and C to be
executed.
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Reporting
The Contractor will report to the County on a regular basis (monthly or quarterly) the results of employee and
trainee employment of lower income residents of the County. The Contractor reports will include not only his
efforts, but the efforts of subcontractors, if any.
, the Contractor will, to the greatest extent
feasible, abide by the requirements of Section 3 of the Housing and Urban Development Act of 1968, 12, U.S.C.
1701u, in carrying out its contract.
Project Name
Contractor Date
Signature
Title
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I-6
CONTRACTOR'S SECTION 3
ACTION PLAN FOR BUSINESS UTILIZATION
A.
The Contractor shall utilize, to the maximum extent feasible, eligible Section 3 business concerns located in
County of Beaver, PA in contracting for work to be performed in connection with the completion of the
contract. Eligible Section 3 businesses are those which qualify as 'small' under the Small Business
Administration size standards and which are socially and economically disadvantaged.
B.
The Contractor has established a goal of * % (*Minimum Goal 10%) of the total contract amount
which he expects to award to eligible Section 3 business concerns. Table I, Business Utilization Table, sets
forth the classification of subcontracts, the estimate of each subcontractor dollar amount, whether a Section
3 business is intended to be utilized and the dollar amount of proposed subcontracts to Section 3
businesses.
C.
To achieve the goal specified in paragraph "B", the Contractor shall:
1.
Make full use of minority business listings made available by the HUD Area Office, Small Business
Administration, as compiled by the County.
2.
Take steps to insure that subcontracts which are typically let on a negotiated rather than a bid basis
are also let on a negotiated basis, whenever feasible.
3.
Where competitive bids are solicited, include as part of the bid documents the Contractor's goals for
Section 3 as it relates to the work for which bids are being solicited, require each bidder to submit
their Utilization Goals and Affirmative Action Plan for achieving Section 3 Business Utilization.
4.
Insert the Section 3 contract language required by 24 CFR 135.38 in all subcontracts; and require to
be executed by the subcontractor a certification of compliance with Section 3, similar to the
Contractor's Certification of Compliance, Form S3-3, and an Affirmative Action Plan for Business
Utilization, Form S3-4.
D.
The Contractor will report to the County on a regular basis (monthly or quarterly) the results of the
affirmative efforts and undertakings per paragraphs A, B, and C above, including the efforts of its
subcontractors.
Signature/Contractor Date
Approved/County of Beaver Date
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I-7
TABLE I
BUSINESS UTILIZATION TABLE
PROPOSED
SUBCONTRACTS
SUBCONTRACT
DOLLAR AMOUNT
ESTIMATE
USE OF SECTION 3
BUSINESSES
PROPOSED
SUBCONTRACTS TO
SECTION 3
YES
NO
BUSINESSES
DOLLAR AMOUNT
TOTALS
$
$
The following are the examples of services, which may be required by Subcontractors and these classifications,
should be inserted in the Table if applicable:
1.
Selling bricks
8.
Window-installation
2.
Selling lumber
9.
Air conditioning sales and/or installations
3.
Selling cement, sand & gravel
10.
Floor tile sales and/or installations
4.
Making steel cast
11.
Door sales and/or installations
5.
Selling electric supplies
12.
Landscaping
6.
Selling kitchen appliances
13.
Carpeting
7.
Selling bathroom fixtures
14.
Stationery and/or advertising
15.
Other (Specify):
This list should also include professional services, and all of the construction trades, i.e., plumbing,
electrical, drywall, carpenters, etc. which are intended to be subcontracted.
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CONTRACTOR'S MONTHLY PROGRESS REPORT
FOR SECTION 3 COMPLIANCE
BUSINESS UTILIZATION
Date:
Contracting Agency:
Contract No.:
Date Executed:
Reporting Period:
Section 3 Goals established by Action Plan:
Month Ending Percent: $
Name and Phone No. of Person Preparing Report
Name: Phone No.:
Name and
Address of
Subcontractors
Type of Sub-
contractors
Owners 50% +
Live in County
Date of
Award
Subcontracts Awarded
(Dollar Amounts)
Section 3 Subcontracts
Awarded
(Dollar Amounts)
YES
NO
Report
Period
Cumulative
Report
Period
Cumulative
1.
2.
3.
4.
Cumulative Totals
Use appropriate letters for classification of subcontracts.
C - Construction, SP - Supplies, SV – Service
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MONTHLY PROGRESS REPORT
Section 3 Reporting Requirements
A.
Project /Activity:
B.
Name of Third Party Contractor/Subcontractor:
C.
Amount of Contract/Subcontract:
D.
Amount of Section 3 Covered Assistance:
E.
Total of aggregate new hires related to this contract/project (If new hires result from this contract, please
answer F, G & H).
F.
New hires resulted from this contract, please indicate, using the Racial Ethnic Codes below:
Job Category No. Race Hispanic or Latino
1. Professional
2. Technicians
3. Office/Clerical
4. Tradesman
a. Carpenter
b. Electrician
c. Laborer
d. Other
Total
Racial Ethnic Codes:
1.
White
2.
Black/African American
3.
Asian
4.
American Indian/Alaska Native
5.
Native Hawaiian/Other Pacific Islander
6.
American Indian/Alaska Native & White
7.
Asian & White
8.
Black/African American & White
9.
American Indian/Alaska Native & Black/African
American
10.
Other Multi-racial
G.
Number of such hires who:
Reside in public housing
Reside in the metropolitan area
Lower income
TOTAL Section 3 hires
H.
Percent of aggregate new hires classified as Section 3 (low income):
Family Size
Income
1 person
2 person
3 person
4 person
5 person
Signature of Contractor/Subcontractor
1/7/2020 Construction - Revised
J-1
EXECUTIVE ORDER 11625
AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF MINORITY BUSINESS
Project Name & Number:
General Contractor:
Contracting
Prior to the signing of contracts, between the Sponsor and General Contractor, the General Contractor shall
provide to the Sponsor a preliminary statement of Minority Business Utilization where known; where not
known, such information shall be supplied prior to the signing of any contract between the General Contractor
and subcontractor(s), and forwarded to HUD, EO Division, by the General Contractor within 30 days of the
signing of said contract.
Utilization of Business
Each General Contractor and/or subcontractor undertaking work on this HUD project shall assure that, to the
greatest extent feasible, contracts for work to be performed in connection with the project are awarded to
minority business concerns.
The General Contractor and/or subcontractor shall to the greatest extent feasible, utilize minority business
concerns for procurement (materials, supplies, services) to be performed in connection with this HUD project.
To this end, the General Contractor and/or subcontractor projects a Utilization Goal of
$ * ( %) of total project cost.
(6.3% Minimum Goal)
Amount Available in Dollars Amount Projected in Dollars
a.
Minority Contractors $ $
b.
Minority Procurement $ $
Good Faith Effort
The following minority business referral agencies will be contacted:
HUD, SBA, State OMBE and Others (List):
This is to certify that will abide by and initiate in all our
contracts, to the greatest extent feasible, the requirements of Executive Order 11625.
Signature
Title
Date
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K-1
AGREEMENT
THIS AGREEMENT, made this day of , 20 , by and between the
County of Beaver, hereinafter referred to as the "COUNTY", a Fourth Class County under the laws of the
Commonwealth of Pennsylvania and
(A Corporation existing under the laws of the State of )
(A Limited Liability Company existing under the laws of the State of )
(A Partnership consisting of ) (An individual trading as
) located in in the State of
hereinafter referred to as the "CONTRACTOR".
WITNESSETH, that the parties hereto mutually agree as follows:
ARTICLE 1 - Contract Documents
The Contract Documents consist of this Agreement, Condition of the Contract (General, Supplementary General,
and Special), Drawings, Specifications, all Addenda issued prior to execution of this Agreement, and all
Modifications issued subsequent thereto. These form the Contract and all are as fully a part of the Contract as if
attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 10.
ARTICLE 2 – The Work
The CONTRACTOR shall perform all the work required by the Contract
Documents for
ARTICLE 3 – The Architect/Engineer
The Architect/Engineer for this project is:
ARTICLE 4 – Contract Sum
The COUNTY shall pay the CONTRACTOR for the performance of the work included under this Contract subject
to additions and deductions provided herein, in current funds as follows:
The aggregate for the amounts determined by applying the unit prices, submitted in the proposal, to the actual
measured quantities, the estimated amount being
, ($ ).
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ARTICLE 5 – Time of Commencement and Completion
The work to be performed under this Contract shall be commenced within ten (10) calendar days after a "Notice to
Proceed" and completed within calendar days. This contract shall remain in effect
administratively throughout the construction time of the project, not to exceed (18) eighteen months from the date
of this original contract.
The parties agree that time is of the essence to complete this project, as delays in performance can effect the federal
funding received by the COUNTY. The parties further agree that the calculation of actual damages would be
difficult. Accordingly, the parties agree that the CONTRACTOR shall pay the COUNTY the sum of $100.00/day as
liquidated damages. This liquidated damages provision shall not preclude the COUNTY from pursuing a claim for
actual damages should the COUNTY desire to pursue such claim in its sole discretion.
ARTICLE 6 – Progress Payments
Based upon applications for payment submitted to the Architect/Engineer by the CONTRACTOR and payment
estimates issued by the Architect/Engineer, the COUNTY shall make progress payments on account of the Contract
Sum to the CONTRACTOR as provided in the conditions of the Contract as follows:
On or about the first day of each month, ninety percent (90%) of the proportion of the Contract Sum properly
allocated to labor, materials and equipment incorporated in the work and fifty percent (50%) of the portion of the
Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location
previously agreed upon in writing by the parties, less the aggregate of previous payment in each case; and upon
substantial completion of the entire work, a sum sufficient to increase the total payments to one hundred percent
(100%) of the Contract Sum, less incomplete work and unsettled claims.
ARTICLE 7 – Final Payment
Upon the completion of all work required by the Contract, the Architect/Engineer shall submit documentation
certifying project completion to the COUNTY. Within sixty (60) days after filing of such documentation and a
final payment estimate issued by the Architect/Engineer, the COUNTY shall pay to the CONTRACTOR the full
Contract Sum, less all prior payments. All prior payments, including those related to Change Orders, shall be
subject to correction by the final payment.
ARTICLE 8 – Insurance and Indemnification
The CONTRACTOR shall maintain a general liability insurance policy during the term of this Agreement with a
minimum coverage amount of $1,000,000.00 and shall name Beaver County as an additional insured.
The CONTRACTOR shall provide the name of the insurance carrier, the policy number, and the amount of
coverage to the COUNTY prior to the start of this agreement.
The CONTRACTOR shall provide a certificate of insurance making certain that the certificate contains an original
signature of an authorized representative and the holder is listed exactly as follows:
County of Beaver
Community Development Program of Beaver County
810 Third Street
Beaver, PA 15009
In addition, the project name and the CD project number should be noted on the certificate.
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K-3
ARTICLE 9 – Choice of Law and Venue
Pennsylvania law shall govern this Agreement and the Court of Common Pleas of Beaver County, Pennsylvania
shall be the venue for any legal action arising from or associated with this Agreement.
ARTICLE 10 – Miscellaneous Provisions
Terms used in this Agreement, which are defined in the General Conditions of the Contract, shall have the
meanings designated in those General Conditions.
The Contract Documents, which constitute the entire Agreement between the COUNTY and the CONTRACTOR,
except for modifications issued after execution of this Agreement, are enumerated as follows:
Invitation for Bids
Instructions to Bidder
Form of Proposal
Non-Collusion Affidavit of Prime Bidder
Certificate of Compliance (Conflict of Interest)
Prime Contractor Verification Form
Bid Bond
Certificate of Corporate Principal
Certificate of Bidder regarding EEO
Certificate of Subcontractor regarding EEO/Eligibility
Section 3 Requirements
Executive Order 11625
Agreement
Corporate Certificate
Partnership Certificate/LLC Certificate
No-Lien Agreement
Certificate of Owners Attorney
General Instruction for Bonds
Performance, Labor/Materialman’s & Maintenance Bond
Workmen’s Compensation Affidavit
Insurance Certificate
Wage Rate Determination
General Conditions
Supplemental General Conditions
Project Technical Specifications & Drawings
1/7/2020 Construction - Revised
K-4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in two (2) duplicate counterparts, each
of which shall be considered as an original, as of the day and year first above written.
CONTRACTOR WITNESS: CONTRACTOR:
BY:
(Printed Name)
(Signature)
TITLE:
CONTRACTOR ID (IRS) #:
TELEPHONE NO.:
WITNESS: COUNTY OF BEAVER
BY:
Daniel C. Camp, III, Chairman
BY:
Jack Manning
BY:
Chief Clerk Tony Amadio
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L-1
CORPORATE CERTIFICATE
I, , certify that I am the Secretary of the Corporation named as
Contractor in the foregoing Instrument, that , who signed the
Instrument on behalf of the Contractor was then of
said Corporation; that said Contract was duly signed for and in behalf of said Corporation by authority of its
governing body, and is within the scope of its corporate power.
Signature
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CORPORATE CERTIFICATE
I, , certify that I am the (title) of the LLC
named as Contractor in the foregoing Instrument, that said Contract was duly signed for and in behalf of
said LLC by authority of its governing body, and is within the scope of its legal power.
Signature
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PARTNERSHIP CERTIFICATE
State of )
County of )
On this day of 20 , before me personally appeared
known to me and known by me to be the person who executed the above
instrument, who being by me first duly sworn, did depose and say that he/she is a general partner in the firm of
; and that said firm consists of
himself/herself and and that he/she executed
the foregoing instrument on behalf of said firm for the uses and purposes stated herein.
Notary Public in and for the County
Of
State of
(NOTARY STAMP)
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LLC CERTIFICATE
State of )
County of )
On this day of 20 , before me personally appeared
known to me and known by me to be the person who executed the
above instrument, who being by me first duly sworn, did depose and say that he/she is a legal representative with
authority to act on behalf of LLC;
and that he/she executed the foregoing instrument on behalf of said LLC for the uses and purposes stated herein.
Notary Public in and for the County
Of
State of
(NOTARY STAMP)
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NO LIEN AGREEMENT
WHEREAS , with a mailing address of
, has entered into an
Agreement with the County of Beaver to provide labor, materials and equipment for the
Project, at the
.
NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract
and for the consideration therein set forth, that neither the undersigned contractor, any subcontractor, or
materialman, nor any other person furnishing labor or materials to the said contractor under this contract shall file a
lien, commonly called a Mechanic's Lien, for work done or materials furnished to the said project, or to the grounds
adjacent thereto.
This stipulation is made and intended to be filed with the Beaver County Prothonotary within ten (10) days after
date, in accordance with the requirements of the Commonwealth of Pennsylvania, in such case provided.
IN WITNESS WHEREOF, the said parties hereto have hereunder set their hands and seals.
CONTRACTOR: BOARD OF COMMISSIONERS
COUNTY OF BEAVER:
Business Name Daniel C. Camp, III, Chairman
By
(Printed Name ) Jack Manning
(Signature) Tony Amadio
Title
CONTRACTOR’S WITNESS: WITNESS:
Signature Chief Clerk
Dated:
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O-1
TO BE COMPLETED BY THE COUNTY
CERTIFICATE OF OWNER'S ATTORNEY
I, , Chief Legal Officer for the COUNTY do hereby certify
that I have examined the foregoing contract and surety bonds and the manner of execution thereof, and I am of the
opinion that each of the aforesaid Agreements has been duly executed by the proper parties thereto acting through
their duly authorized representatives; that said representatives have full power and authority to execute said
agreements on behalf of the respective parties named thereon; and that the foregoing Agreements constitute valid
and legally binding obligations upon the parties executing the same in accordance with terms, conditions and
provisions thereof.
Signature
Date:
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GENERAL INSTRUCTIONS FOR BONDS
1.
The "Bid Bond" form shall be used for the protection of the County in receiving bids. There shall be no
deviation from this form.
2.
The "Performance Bond" form shall be used for construction work on the furnishing of supplies whenever
a bond is required. There shall be no deviation from this form.
3.
The "Labor and Materialman's Bond (Payment Bond)" form, for the protection of persons supplying labor
and material, shall be used on all contracts where such bond is required. This bond shall provide that every
person, co-partnership, association or corporation who, whether as subcontractors or otherwise, has
furnished material or supplied or performed labor in the prosecution of the work, as above provided, and
who has not been paid therefore, may sue in assumpsit on said bond, in the name of the County, for his,
their or its use, and prosecute the same to final judgment for such sum or sums as may be justly due him,
them or it, and have execution thereon, but the County shall not be liable for the payment of any costs or
expense of any suit. There shall be no deviation from this form.
4.
The "Maintenance Bond" form for the protection of the County shall be used on all contracts where such
bond is required. There shall be no deviation from this form.
5.
The surety on each bond must be a responsible surety company, which is qualified to do business in
Pennsylvania and satisfactory to the County.
6.
If the principals are partners, their individual names will appear in the body of the bond, with the recital that
they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as
individuals.
7.
The signature of a witness shall appear in the appropriate place, attesting the signature of each individual
party to the bond.
8.
If the principal or surety is a corporation, the name of the state in which incorporated shall be inserted in
the appropriate place in the body of the bond, and said instrument shall be executed and attested under the
corporate seal, as indicated in the form. If the corporation has no corporate seal, the fact shall be stated, in
which case a scroll or adhesive seal shall appear following the corporate name.
9.
The official character and authority of the person or persons executing the bond for the principal, if a
corporation, shall be certified by the secretary or assistant secretary, according to the form attached thereto.
In lieu of such certificate, there may be attached to the bond, copies of so much of the records of the
corporation as will show the official character and authority of the officer signing, duly certified by the
secretary or assistant secretary, under the corporate seal, to be true copies.
10.
The date of this bond must not be prior to the date of the contract in connection with which it is given.
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT, that we
As Principal, and as Surety, and held and firmly bound unto
County of Beaver (hereinafter called the Obligee), in the full and just sum of
DOLLARS
($ ), lawful money of the United States, for payment of which sum well and truly to be made,
we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by
these presents:
WHEREAS said Principal has entered into a certain contract with said
Obligee dated , 20 (hereinafter called the Contract) for:
which contract and the specifications for said work shall be deemed a part hereof as fully as if set out herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall
faithfully perform the contract on his part at the time and in the manner therein provided including any and all
warranties and representations of Principal set forth in said contract, and satisfy all claims and demands incurred in
or for the same, or growing out of the same, or for injury or damage to persons or property in the performance
thereof, and shall fully indemnify and save harmless the said Obligee from any and all cost and damage which the
said Obligee may suffer by reason of failure to do so, and shall fully reimburse and repay the said Obligee any and
all outlay and expense which it may incur by reason of any such default, then this obligation shall be null and void;
otherwise it shall remain in full force and virtue.
The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract or to the work to be performed thereunder of the specifications
accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the contract or to the work or to the
specifications.
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Signed, sealed and delivered in two (2) counterparts this day of ,
20 .
(Individual Principals Sign Here)
(SEAL)
(SEAL)
In the presence of:
(SEAL)
(SEAL)
(Corporate Principals Sign Here)
ATTEST:
By:
(Surety Sign Here)
By
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LABOR AND MATERIALMAN'S BOND
(PAYMENT BOND)
KNOW ALL MEN BY THESE PRESENT, that we
as Principal and
as Surety are held and firmly
bound unto County of Beaver (hereinafter called the Obligee) in the penal sum of
DOLLARS ($ ), lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives,
successors and assigns, jointly and severally, firmly by these present:
WHEREAS said Principal has entered into a certain contract with said Obligee dated
(hereinafter called the Contract) for:
Which contract and
the specifications for said work shall be deemed a part hereof as fully as if set out herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal and all
subcontractors to whom any portion of the work provided for in said contract is sublet and all assignees of said
Principal and of such subcontractors shall promptly make payment for all labor performed, services rendered and
materials furnished in the prosecution of the work provided for in said contract, or in any amendment or extension
of or addition to said contract, then the above obligation shall be void; otherwise to remain in full force and effect.
Provided, however, that this bond is subject to the following conditions and limitations:
a.
All persons who have performed labor, rendered services or furnished materials or machinery as
aforesaid shall have a direct right of action against the Principal and Surety on this bond, which right of
action shall be asserted in proceedings instituted in the state in which such labor was performed,
services rendered or materials furnished. Insofar as permitted by the laws of such state, such right of
action shall be asserted in a proceeding instituted in the name of the Obligee to the use and benefit of the
person instituting such action and of all other persons having claims hereunder, and any other person
having a claim hereunder shall have the right to be made a party to such proceeding (but not later than
one year after the complete performance of said contract and final settlement thereof) and to have such
claim adjudicated in such action and judgment rendered thereon.
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b.
The surety shall not be liable hereunder for any damages or compensation recoverable under any
workman's compensation or employer's liability statute.
c.
In no event shall the surety be liable for a greater sum than the penalty of this bond, or subject to any
suit, action or proceeding thereon that is instituted later than one year after the complete performance of
said contract and final settlement thereof.
d.
As used herein, the term "person" refers to any person, firm or corporation who has furnished materials
or machinery to be used on or incorporated in the work or the prosecution thereof provided for in said
contract, or in any amendment or extension of or addition to said contract, or of any assignee of said
principal, or of any subcontractor, and also anyone so engaged who performs the work of a laborer or of
a mechanic regardless of any contractual relationship between the principal, or any subcontractor or any
assignee or said principal or of said subcontractor, and such laborer or mechanic but shall not include
office employees not regularly stationed at the site of the work.
The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of this contract or to the work to be performed thereunder or the specifications accompanying
the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
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Signed, sealed and delivered in two (2) counterparts this day of
2
0
.
(Individual Principals Sign Here)
(SEAL)
(SEAL)
In the presence of:
(SEAL)
(SEAL)
(Corporate Principals Sign Here)
ATTEST:
By:
(Surety Sign Here)
ATTEST:
By:
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MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENT, that we
As
Principal, and
as Surety, and held and firmly bound unto the County of Beaver (hereinafter called the Obligee), in the full and just
sum of
DOLLARS ($ ), lawful money of the United States, for payment of which sum well and truly
to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally,
firmly by these present:
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract,
hereto attached, with the Owner dated , 20 for
.
NOW THEREFORE, if the Principal shall remedy without cost to the Obligee any defects which develop during a
period of two (2) years from the date of completion and acceptance of the work performed under said contract
provided such defects, in the judgment of the Obligee or his successor having jurisdiction in the premises, are
caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise to remain in
full force or virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this
day of , 20 , the name and corporate seal of each corporate party being hereto
affixed and these presented duly signed by its undersigned representative, pursuant to authority of its governing
body.
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IN PRESENCE OF:
(SEAL)
Individual Principal
Address Business Address
(SEAL)
Individual Principal
Address Business Address
ATTEST:
Corporate Principal
Title
Business Address
By:
Affix Corporate Seal
Corporate Surety
WITNESS:
Corporate Surety
Business Address
By:
Affix Corporate Seal
The rate of premium on this bond is per thousand.
Total amount of premium charged, $ .
(The above must be filled in by Corporate Surety).
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WORKMEN'S COMPENSATION AFFIDAVIT
State of
County of
ss:
Name of Officer, if Corporation Title of Officer, if Corporation
Name of Contractor
being duly sworn according to law, deposes and says that he/they/it has/have accepted the provisions of the
Workmen's Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and
amendments, and has/have insured his/their/its liability thereunder in accordance with the terms of said Act with
Company.
Contractor
By:
Signature of Officer or Agent
Title
SWORN TO AND SUBSCRIBED BEFORE
ME THIS DAY OF ,
20 .
Notary Public
My Commission Expires:
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U-1
CERTIFICATE OF INSURANCE
Insert your certificate of Liability Insurance as required on Pages GC3 and GC4.
Make certain that the certificate contains an original signature of an authorized representative and the holder is
listed exactly as follows:
County of Beaver
Community Development Program of Beaver County
810 Third Street
Beaver, PA 15009
Also, please list the project name and the CD project number on the certificate in the “description” area, along with
a statement naming the County of Beaver as additionally insured.
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WAGE RATE DETERMINATION
Appropriate Wage Rate Determination as required on Page B3.
If the contract is awarded more than 90 days after bid opening, a general wage decision, updated as of the date of
award, will be incorporated into the contract documents for the referenced project as of execution by the Beaver
County Board of Commissioners. If any Classification / Group utilized on this project is affected, in accordance
with CFR Title 29, Part 1, Section 1.6(3)(f), the contractor will be compensated for any increase in wages resulting
from such change.
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TABLE OF CONTENTS
FOR GENERAL CONDITIONS
DEFINITIONS ......................................................................................................... GC-1-2
SPECIFICATION TITLES......................................................................................... GC-2
APPROVAL AND ACCEPTANCE........................................................................... GC-2
SPECIAL CONDITIONS TAKE PRECEDENCE..................................................... GC-2
PROVISIONS REQUIRED BY LAW DEEMED INSERTED..... ............................ GC-2
CONTRACT SECURITY........................................................................................... GC-3
ADDITIONAL BONDS.................................. ........................................................... GC-3
INSURANCE...........................................................................................................GC-3-4
SUBLETTING OR ASSIGNING OF CONTRACTS.............. .................................. GC-4
SUBCONTRACTORS.............................................................................................GC-4-5
SUBCONTRACTS...................................... ............................................................... GC-5
SPECIFICATIONS AND DRAWINGS..................................................................GC-5-6
OWNERSHIP OF DRAWINGS................................................................................. GC-6
SURVEYS, LINES AND GRADES......................... ................................................. GC-6
WORK IN INCLEMENT WEATHER....................................................................... GC-6
INSPECTION OF WORK................................ .......................................................GC-6-7
STANDARD OF QUALITY............................... ....................................................... GC-7
LABOR, MATERIALS AND EQUIPMENT.................... ........................................ GC-7
SAMPLES AND DESCRIPTIVE DATA...................... .........................................GC-7-8
PROOF OF COMPLIANCE WITH SPECIFICATIONS............ ...........................GC-8-9
SUPERINTENDENCE, SUPERVISION....................... ............................................ GC-9
ENGINEER'S AUTHORITY............................... ...................................................... GC-9
PROTECTION OF PERSONS AND PROPERTY................. ................................... GC-9
ROYALTIES AND PATENTS.............................. .................................................. GC-10
PERMITS AND REGULATIONS............................ ............................................... GC-10
OTHER CONTRACTS............................................................................................. GC-10
MUTUAL RESPONSIBILITY OF CONTRACTORS............... ............................. GC-10
USE OF PREMISES (BY CONTRACTOR)............................................................ GC-11
RESPONSIBILITY AND RISK............................ ................................................... GC-11
COUNTY'S RIGHT TO TERMINATE CONTRACT............................................. GC-11
CONTRACTOR'S RIGHT TO STOP WORK/TERMINATE CONTRACT. ......... GC-11
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METHOD OF PAYMENT ....................................................................................... GC-12
ESTIMATE OF QUANTITIES............................. ................................................... GC-13
SUBSURFACE CONDITIONS - CONTRACTOR'S REP...................................... GC-13
UNEXPECTED SUBSURFACE CONDITIONS................... ................................. GC-13
CHANGES AND ALTERATIONS.....................................................................GC-13-14
COUNTY'S RIGHT TO OCCUPY WORKS........................................................... GC-15
DELAYS AND EXTENSION OF TIME....................... .......................................... GC-15
GUARANTEE OF WORK....................................................................................... GC-15
INDEMNIFICATION............................................................................................... GC-16
CLEANING UP........................................ ................................................................ GC-16
UNCORRECTED WORK........................................................................................ GC-16
LIENS.............................................. ......................................................................... GC-16
CONTRACTOR'S CLAIM....................................................................................... GC-17
ARBITRATION........................................................................................................ GC-17
ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE................... GC-17
NO WAIVER OF LEGAL RIGHTS.......................... .........................................GC-17-18
LIQUIDATED DAMAGES................................ ..................................................... GC-18
STEEL PRODUCTS ACT........................................................................................ GC-18
ELECTRICAL SERVICE SPECIFICATION.................. ........................................ GC-19
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GC-1
GENERAL CONDITIONS
1.
Definitions
The following terms, as used in these contract documents are respectively defined as follows:
a.
"Additional Work” The term "additional work" as used herein, refers to and includes work
required by the County, which involves changes or alterations.
b.
"Changes and Alterations” The term "changes and alterations" as used herein mean deviations from
the Plans, Specifications, and Addenda in their present form, but only
when ordered by the County or Engineer in writing, prior to the
performance of any work affected by such changes or alterations. Increases
or decreases in estimated quantities shall not be considered changes or
alterations for any purpose whatsoever.
c.
"Contractor" The party designated as such in the agreement, acting directly or through
agents, or employees or the surety in case of default.
d.
"County" County of Beaver, Pennsylvania.
e.
"Engineer" The term "Engineer" shall mean the Professional
Architectural/Engineering firm or representative chosen by Beaver County
to provide professional services for the project. Nothing contained in this
contract shall create any contractual relationship between the engineer and
the contractor.
f.
"Notice" Where in any of the contract documents there is any provision in respect to
the giving of any notice, such notice shall be deemed to have been given to
the County, when written notice shall be delivered to the County, or shall
have been placed in the United States Mails, sent certified or registered
mail, postage prepaid, addressed to the chief executive officer of the
County at the place where the bids or proposals for the contract were
opened; as to the contractor, when a written notice shall be delivered to the
chief representative of the contractor at the site of the project or by sending
via certified or registered mail, postage prepaid, such written notice in the
United States Mails addressed to the contractor at the place stated in the
papers prepared by him to accompany his proposal as the address of his
permanent place of business.
g.
"Specifications" The directions, provisions and requirements contained herein, or in any of
the contract documents pertaining to the method and manner of performing
the work or to the method of measurement and the quality of materials to
be furnished under the contract.
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GC-2
h.
"Subcontractor" Any person, firm or corporation undertaking the construction of a part of
the work under the terms of the contract, by virtue of a separate agreement
with the contractor, or with any other subcontractor.
i.
"Surety" The corporate body which is bound with and for the contractor for the
satisfactory performance and maintenance of the work by him and the
prompt payment in full for utility services, labor, equipment rental and
materials as provided in the bonds.
j.
"Work" The term "work" as used herein, refers to any and all obligations, duties
and responsibilities necessary to the completion of the project assigned or
undertaken by the contractor, including all plant, labor, materials, supplies,
equipment, and other facilities and things necessary or proper for or
incidental to the carrying out and completion of the terms of this contract.
2.
Specification Titles
Titles to sections and paragraphs in these contract documents are introduced merely for convenience and
shall not be taken as part of the specifications, and furthermore, shall not be taken as a correct or complete
segregation of the several units of material and labor. The sections and paragraphs shall not control the
contractor in dividing the work among subcontractors.
3.
Approval and Acceptance
Approval and acceptance in these specifications shall mean approval and acceptance by the Engineer, but
no acceptance by the Engineer shall bind the County in case of proven defective work or other clear
violations of the contract; nor will approval of material or equipment before same is brought on the
premises be held to constitute acceptance, in case such items are found not to comply with specification
requirements.
4.
Special Conditions Take Precedence
The Special Conditions and/or special notes on the drawings may supplement or amend the General
Conditions; therefore, the Special Conditions and/or special notes on the drawings shall take precedence
over these General Conditions.
5.
Provisions Required By Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed
to be inserted herein and the contract shall be read and enforced as though it were included herein, and if
through mistake or otherwise any such provision is not inserted, or is not correctly inserted, upon
application of either party, the contract shall forthwith be then physically amended to make such insertions.
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GC-3
6.
Contract Security
The contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the
contract price as security for the faithful performance of this contract. The contractor shall also furnish a
separate surety bond in an amount equal to one hundred percent (100%) of the contract price for the
protection of the clients supplying labor or materials to the contractor or to any of his subcontractors, in the
prosecution of the work, and shall be continued for the prompt payment of all such material furnished or
labor supplied or performed in the prosecution of the work. The contractor shall also furnish a two (2) year
Maintenance Bond in an amount equal to one hundred percent (100%) of the contract price. The two (2)
year maintenance period shall begin on the date of final acceptance of the work. For determination of the
amount of the Maintenance Bond, the contract price shall mean the final amount of the contract including
all change orders and modifications.
7.
Additional Bonds
Should any surety upon any bonds become unsatisfactory to the County, or if for any reason any bond shall
cease to be adequate security to the County, the contractor shall within five (5) days after notice from the
County, furnish such additional bonds as may be required from time to time to protect the interest of the
County and of persons, firms, or corporations supplying labor, material, equipment or services in the
prosecution of the work contemplated by the contract. The additional bonds required shall be with other
sureties as may be satisfactory to the County. The premiums on such additional bonds shall be paid by the
contractor. No further payments shall be deemed due, nor shall further payments be made until the required
additional bonds have been furnished by the contractor and approved by the County.
8.
Insurance
The contractor shall not commence work under this contract until he has obtained all insurance required
under this paragraph and such insurance has been approved by the County, nor shall the contractor allow
any subcontractor to commence work in his subcontract until all similar insurance required of the
subcontractor has been obtained.
The contractor shall be responsible for all injury to persons, or damage to property, either directly or
indirectly, that may result from his operations. The contractor shall obtain and pay for such insurance as
will protect him from claims under the Workmen's Compensation Act and from any other claims for
damages for personal injury, including death, or for damages to property, either real or personal, which may
arise from operations under this contract, whether such operations be by himself or anyone whether such
operations be by himself or by anyone directly or indirectly employed by him. The contractor shall effect
and maintain the following insurance in companies or through agents:
a.
"Workmen's Compensation Insurance" including Employer's Liability Insurance in accordance with
the laws of the State of Pennsylvania. Employer’s Liability Insurance shall have a limit of not less
than $100,000.
b.
"Comprehensive Bodily Injury Liability Insurance" not less One Million and Two Million Dollar
limits ($1,000,000/$2,000,000).
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GC-4
c.
"Comprehensive Property Damage Liability Insurance" not less than One Million Dollar limits
($1,000,000).
d.
"Comprehensive Automobile Bodily Injury and Property Damage Insurance" not less than One
Million and Two Million Dollar limits ($1,000,000/$2,0000,000) for personal injury and One
Million Dollar limit ($1,000,000) for property damage. This insurance shall cover all automotive
vehicles owned or hired by the contractor and used on this contract, not otherwise so covered by
insurance. Automatic coverage shall be provided for extensions of the contract.
e.
"Contractual Insurance".
f.
"Completed Operations Insurance".
g.
"XCU Hazards Insurance". The contractor shall deliver to the County before commencing work
under this contract, certificates from insurance companies or their agents, certifying that such
insurance is in effect and will not be canceled during the conduct of work without thirty (30) days
written notice to the County. The contractor shall report and pay all Old Age Benefit and Social
Security Taxes and other insurance as required by State and Federal laws.
9.
Subletting or Assigning of Contracts
The contractor shall not sublet, assign, sell, transfer, or otherwise dispose of this contract or any part hereof
or any interest herein or any monies due or to become due hereunder without the prior written consent of
the County. The consent to any subletting, assignment or transfer shall not operate to relieve the contractor
or his sureties of any of his or its obligations under this contract. Nothing contained herein shall be
construed to hinder, prevent or affect an assignment of monies due or to become due hereunder made for
the benefit of the contractor's creditors pursuant to law.
10.
Subcontractors
The contractor shall notify the County in writing of the names of all subcontractors proposed for the work
and the extent and character of the work to be done by each subcontractor.
If requested by the County, the contractor shall supply proof that the proposed subcontractor is
particularly equipped and capable to perform such work. Proof of qualifications and capability of
proposed subcontractors shall include the following:
a.
A financial statement certified by its accountants.
b.
A list of contracts successfully and satisfactorily carried to completion on work of a similar
nature.
c.
A list of contracts presently underway, the percentage of completion of each contract and the
name and address of the County.
d.
A list of equipment for the work.
It is understood, however, that any approval by the County for the subcontracting of any of the work under
the contract in no way relieves the contractor from his full obligations under the contract. The contractor
shall be responsible for all acts or omissions of any subcontractor or supplier and shall be liable for all
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GC-5
damages caused by the acts or omissions of any subcontractor or supplier.
Subletting by subcontractors shall be subject to the same conditions as aforesaid. Nothing contained in this
contract shall create any contractual relation between the subcontractor and the County.
11.
Subcontracts
The applicable provisions of the contract shall be incorporated into each subcontract entered into by this
contractor.
12.
Specifications and Drawings
a.
Interpret As Completed Work. The contractor shall keep on the work site a copy of the drawings
and specifications, and the engineer shall at all times have access thereto. Anything mentioned in
the specifications and not shown on the drawings, or shown on the drawings and not mentioned in
the specifications, shall be of like effect as if shown and mentioned in both. In case of difference
between the drawings or specifications, the engineer shall determine which governs. Omissions
from the drawings or specifications or of details of work which are manifestly necessary to carry
out the intent of the drawings and specifications or which are customarily performed, shall not
relieve the contractor from performing such omitted details of work but they shall be performed as
if fully set forth and described in the drawings and specifications.
b.
Checking of Drawings and Dimensions. The contractor shall check all drawings furnished him
immediately upon their receipt and shall promptly request of the engineer such interpretation and
clarification as may be required. Figures marked down on drawings shall in general be followed in
preference to scale measurements. Large-scale drawings shall in general govern small-scale
drawings. The contractor shall compare all drawings and verify the figures before laying out the
work and will be responsible for any errors, which might have been avoided thereby. When
measurements are affected by conditions already established, the contractor shall take
measurements notwithstanding the giving of scale or figure dimensions in the drawings.
c.
Deviations. Deviations from the drawings and the dimensions therein given shall be made only
after written authority is obtained from the engineer. Prior to issuing written authority allowing any
deviation, the engineer must obtain the County's concurrence.
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GC-6
d.
Interpretation and Instructions. All questions regarding the figures, drawings, plans and
specifications and the interpretation thereof and the resolving of conflicts and inconsistencies
therein shall be determined by the engineer and such determination shall be final.
e.
Where reference is made throughout the Technical Specifications to the Pennsylvania Department
of Transportation (PENNDOT) Specifications Form 408, Latest Revision, or the PENNDOT
Construction Standards, the sections or drawings referenced shall be as much a part of the
specifications and contract drawings as though they were attached hereto. Where reference is made
to the PENNDOT Form 408, all work and materials shall conform to the sections so referenced
except as otherwise specified in the Technical Specifications, which take precedence.
14.
Ownership of Drawings
All drawings, specifications and copies thereof furnished to the contractor by the engineer are the property
of the County and are to be returned to the County on request at the completion of the work.
15.
Surveys, Lines and Grades
Unless specified otherwise in the SPECIAL CONDITIONS, the County will furnish only basic reference
lines and bench marks from which the contractor shall establish such other points as he may need. The
contractor shall be responsible for protecting and preserving such lines and benchmarks. All reference lines
and benchmarks destroyed by the contractor during the progress of his work shall be replaced by the
contractor at his own expense.
16.
Work in Inclement Weather
All work, which cannot be properly protected, must cease during inclement weather. The engineer shall be
the sole judge as to the adequacy of protective measures taken by the contractor.
17.
Inspection of Work
a.
Defective Workmanship or Material. All material and workmanship (if not otherwise designated by
the specifications) shall be subject to inspection, examination, and test by the County's
representatives at any and all times during manufacture and/or construction is carried on. The
County shall have the right to reject defective material and workmanship or require its correction.
Rejected workmanship shall be satisfactorily corrected, and rejected material shall be satisfactorily
replaced with proper material without charge therefore, the contractor shall promptly segregate and
remove the rejected material from the project. The contractor shall bear all costs of correcting
rejected work, including the cost of the engineer's additional services thereby made necessary.
If the contractor fails to proceed at once with the replacement of rejected material and/or the
correction of defective workmanship, the County may, by contract or otherwise, replace such
material and/or correct such workmanship and charge the cost thereof to the contractor, or may
terminate the right of the contractor to proceed as provided in these General Conditions, the
contractor and surety being liable for any damage to the same extent as provided elsewhere in these
General Conditions for termination thereunder.
b.
Tests. The contractor shall furnish promptly, without additional charge, all reasonable facilities,
labor, and materials necessary for the safe and convenient inspection and test that may be required
by the engineer. All inspection and tests shall be performed in such a manner as to not
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GC-7
unnecessarily delay the work. Special, full size and performance tests shall be as described in the
specifications.
c.
Final Inspection. Should it be considered necessary or advisable by the County at any time before
final acceptance of the entire work to make an examination of work already completed, by
removing or tearing out same, the contractor shall on request promptly furnish all necessary
facilities, labor, and material. If such work is found to be defective in any material respect, the
contractor will bear all expenses of such examination and of satisfactory reconstruction.
If, however, such work is found to meet the requirements of the contract, the contractor will be
allowed payment on a "force account" basis in accordance with Section 37 of these General
Conditions, and he shall, in addition, if completion of the work has been delayed thereby, be
granted a suitable extension of time on account of the additional work involved.
18.
Standard of Quality
Whenever in these specifications an equipment item, article or material is defined by describing a
proprietary product or by using a trade name of a manufacturer or vendor, the term "or equal" if not
inserted therewith shall be assumed as signifying that the specifications will be interpreted liberally, except
that on products which are an addition to an existing facility, system, equipment, item or article, the
engineer shall specify, when in his opinion such is necessary for reasons of compatibility and
standardization, specific equipment, item, article or material by a trade name of a manufacturer or vendor
including catalog number, size and type. Accordingly, it is to be understood that any reference to a
particular manufacturer's product either by name or by limiting description, except as noted herein, has
been made solely for the purpose of more clearly indicating the minimum standard of quality desired. Any
other make, except as noted herein, substantially similar and performing as effectively the duties imposed
by the general design, performance and space allowed by the plans may be submitted for approval by the
engineer provided. However, for any major substitutions, such approval is obtained prior to awarding the
contract, otherwise it shall be assumed that the contractor will furnish the materials, articles, or equipment
items specified herein. No substitution shall be made without the written approval of the engineer who shall
be the judge of the standard of quality.
19.
Labor, Materials and Equipment
a.
Unless otherwise stipulated, the contractor shall provide and pay for all materials, labor, water,
tools, equipment, light, power, transportation, and other facilities necessary for the execution and
completion of the work.
b.
Unless otherwise specified, all materials and equipment shall be new and both workmanship and
materials shall be of good quality. The contractor, shall, if required, furnish satisfactory evidence as
to the kind and quality of materials and equipment.
20.
Samples and Descriptive Data
a.
Any samples and descriptive data required shall:
1)
Be submitted within the time specified in these specifications, or if a time is not specified,
within a reasonable time before use to permit inspection and testing.
2)
Be shipped prepaid and delivered as specified in these specifications, or as directed by the
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GC-8
engineer.
3)
Be properly marked to show the name of the material, trade name of manufacturer, place of
origin, name and location of the work where the material represented by the sample is to be
used, and the name of the contractor submitting the sample.
4)
Be checked and stamped with the approval of the contractor.
b.
Samples not subjected to destructive tests may be retained until completion of the work but
thereafter will be retained to the contractor, at his expense, if he so requests in writing. Failure of
any sample to pass the specified requirements will be sufficient cause for refusal to consider further
any samples from the same manufacturer whose materials failed to pass the tests.
21.
Proof of Compliance With Specifications
When testing of any material or product is not specified as a responsibility of the County, satisfactory proof
of compliance with the specifications shall be submitted by one or more of the following methods.
Where testing of any material or product is a responsibility of the County, satisfactory proof of compliance
with the specifications will be submitted in accordance with method (a) or (b) below, before a sample will
be tested.
The method of proof of compliance shall be subject to the approval of the engineer, and all costs thereof
shall be at the expense of the contractor unless otherwise specified.
a.
Manufacturer's Certificate of Compliance: In the case of standard labeled stock products of
standard manufacture which has a record of satisfactory performance in similar work over a period
of not less than two (2) years, the engineer may accept a notarized statement from the manufacturer
certifying that the product conforms to the applicable specifications.
b.
Mill Certificates: For materials where such practice is the usual standard, the engineer may accept
the manufacturers' certified mill and laboratory certificate.
c.
Testing Laboratory Certification: The engineer may accept a certificate from a commercial testing
laboratory satisfactory to him certifying that it has tested the product submitted within a period
acceptable to the engineer and that the product conforms to the requirements of the specifications.
d.
Report of Actual Laboratory Tests: The engineer may require that the contractor make actual tests
of any material, product or end item and submit a report of the specific tests. Such tests shall be
made by a commercial testing laboratory approved by the engineer. Test samples shall be selected
by or under the supervision of the engineer. The method of testing shall comply with the method
specified, or when not specified, with a standard approved method. Certified copies in
quadruplicate, of the results of the tests, shall be submitted to the engineer for approval and in such
form as he may direct. The results of tests in the required form shall be submitted well in advance
of the time when the material or product shall be used in the work.
e.
Re-testing: Where testing is specified herein to be performed by the County, the County will
perform the testing or will have the testing performed at a commercial laboratory at the expense of
the County. Where items or additional samples from items which have been previously tested and
approved at the expense of the County are required to be retested, the County will bear the costs of
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GC-9
such re-testing Where re-testing is required because of the failure of previously tested samples, the
expense of all such re-testing shall be borne by the contractor at no expense to the County. The
contractor shall pay for all additional re-testing required due to subsequent test failures. Where so
required for original testing, re-testing will be performed at such laboratories as may be approved
by the engineer.
22.
Superintendence, Supervision
The contractor shall keep on his work, during its progress, a competent superintendent
satisfactory to the County. The superintendent shall not be changed without written notice to
the County except in an emergency. The contractor's superintendent shall have authority to act
for the contractor in all matters concerning the work. All communications given to the
superintendent shall be binding on the contractor.
23.
Engineer's Authority
The engineer is the County's representative during the performance of the work. He shall at all times have
access to the work whenever it is in preparation and progress. The engineer will make periodic visits to the
site and observe the progress of construction and the quality of the work to determine, in general, if the
work is proceeding in accordance with the contract documents.
The engineer will not be required to make exhaustive or continuous on-site inspections to check the quality
or quantity of the work. The engineer will not be responsible for the construction means, methods,
techniques, sequences or production or for the safety precautions and programs in connection with the work
and he will not be responsible for the contractor's failure to carry out the work in accordance with the
contract documents.
The engineer shall render a decision on all questions and disputes submitted to him in writing relating to the
execution and progress of the work or the interpretation of the contract documents. Either the County or the
contractor may demand arbitration of any such matter, notwithstanding the decision of the engineer.
The engineer's authority to act under this Section or any other provision of the contract documents, shall not
give rise to any duty or responsibility of the engineer to the contractor or any subcontractor.
24.
Protection of Persons and Property
a.
The contractor shall be responsible for initiating, maintaining the supervising of all safety
precautions and programs in connection with the work. The contractor shall take all reasonable
precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury
or loss to (i) employees, (ii) all other persons who may be affected, (iii) the work and all materials
and equipment to be incorporated, (iv)other property at the site or in the vicinity thereof.
b.
The contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of
any public authority having jurisdiction for the safety of persons or property or to protect them
from damage, injury or loss. He 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.
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GC-10
25.
Royalties and Patents
The contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of
any patent rights and shall save the County and engineer harmless from all loss, expense and damage
including attorneys' fees, on account thereof, except the County shall be responsible for all such loss when
a particular process or the product of a particular manufacturer or manufacturers is specified; but if the
contractor has information that the process or article specified is an infringement of a patent, he shall be
responsible for such loss unless he promptly gives notice to the County and engineer.
26.
Permits and Regulations
a.
Permits, plan reviews, licenses, certificates for inspection and any other legally required paperwork
that may be required by the authorities for each contractor's particular work shall be secured and
paid for by the contractor unless specified otherwise in the SPECIAL CONDITIONS.
b.
The contractor shall give all notices and comply with all laws, ordinances, rules and regulations
bearing on the conduct of the work as drawn and specified. If the contractor observes that the
drawings and specifications are at variance therewith, he shall promptly notify the engineer in
writing, and any necessary changes shall be adjusted. If the contractor performs any work knowing
it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
engineer, he shall bear all costs arising wherefrom and shall save the County harmless from any
fines, or loss arising in connection therewith.
c.
Contractors must provide receipts indicating that all demolition materials from the demolition
project have been disposed of at the approved landfill site. Failure to dispose of all demolition
project debris at an approved PA DER landfill site will be deemed as just reason to terminate this
contract.
27.
Other Contracts
The County may award other contracts for additional work, and the contractor shall fully cooperate with
such other contractors and carefully fit his own work to that provided under other contracts. The contractor
shall not commit or permit any act, which will interfere with the performance of work by any other
contractor. If any part of the contractor's work depends for proper execution or results upon the work of
any other contractor, the contractor shall inspect and promptly report to the engineer in writing any defects
in such work that makes it unsuitable for such proper execution and results. If he fails to so inspect and
report such defects, it shall constitute his acceptance of the other contractor's work as fit and proper for the
execution of his work, except such defects that may develop in the other contractor's work after the
execution of his work. To insure the execution of his work, the contractor shall measure work already in
place and shall report at once to the engineer any discrepancy between the executed work and the drawings.
28.
Mutual Responsibility of Contractors
If the contractor should cause damage to any separate contractor on the work, the contractor agrees upon
due notice to settle with such contractor by agreement or arbitration if he will so settle. If such separate
contractor commences arbitration or suit against the County on account of any damage alleged to have been
so sustained, the County shall notify the contractor, who shall defend such proceedings at his own expense
and, if any judgment against the County shall arise wherefrom, the contractor shall pay or satisfy it and pay
all costs incurred by the County.
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GC-11
29.
Use of Premises (By Contractor)
The contractor shall confine his apparatus, the storage of materials and the operations of his workmen to
limits indicated by law, ordinances, permits or the contract documents and shall not unreasonably encumber
the premises with his materials or equipment.
The contractor shall not load or permit any part of any structure to be loaded with a weight, or cause
pressures or stresses, which will endanger its safety.
The contractor shall not, at any time, store materials or equipment on any of the existing roadways nor shall
he perform any construction operation or work on any of the existing roadways unless it is deemed
necessary for construction by the engineer.
The contractor shall conduct his hauling operations in such a manner as not to unduly interfere with traffic.
At points where the contractor's equipment or trucks enter, leave or cross existing pavements, he shall erect
and maintain suitable signs and warning devices. If the engineer so orders, the contractor shall station
flagmen at such points.
30.
Responsibility and Risk
The contractor shall assume all risk and bear any loss or injury to property or persons occasioned by neglect
or accident during the progress of work, until the same shall have been completed and accepted by the
County. He shall also assume all blame or loss by reason of neglect or violation of any state law or local
ordinance, or encroachment upon neighbors. He shall make good any injury that may have occurred to any
adjoining building in consequence of the erection of this work or during its progress.
31.
County's Right to Terminate Contract
The County may, at any time, terminate the Contract for the County’s convenience and without cause.
Upon receipt of a written notice from the County of such termination for the Owner’s convenience, the
Contractor shall cease operations as directed by the County in the notice; take actions necessary, or that the
County may direct, for the protection and preservation of the work; and except for work directed to be
performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts
and purchase orders and enter into no further subcontracts and purchase order. In case of such termination
for the County’s convenience, the Contractor shall be entitled to receive payment for work executed, and
costs incurred by reason of such termination, along with reasonable overhead and profit on the work not
executed.
32.
Contractor's Right to Stop Work or Terminate Contract
If the work shall be stopped by order of the Court or any other public authority for a period of ninety (90)
days without act or fault of the contractor or any of his agents, servants, employees or subcontractors, the
contractor may, upon ten (10) days' notice to the County, terminate the contract, in which event the County
shall pay for all work completed and any expense sustained, plus a reasonable profit.
1/7/2020 Construction - Revised
GC-12
33.
Method of Payment
On lump sum contracts (and on unit price contracts if so directed) the contractor shall submit to the
engineer for approval, immediately following the receipt of an executed copy of the Agreement, a schedule
of work which will consist of an itemized breakdown on all items of work to be performed under the
contract with the quantities in applicable units as square feet, square yards, cubic yards, linear feet, tons, on
each, and unit prices thereof arranged in order in which the contractor proposes to carry on the work. Unit
prices shall include all labor, materials, equipment, overhead and profit and shall be the sum total
compensation payable for such items of work. Attached to this schedule and as a part thereof shall be a
construction schedule which will give the contemplated dates for the start, progress and completion of the
major items of work to be performed under this contract.
The contractor shall, between the first and fourth day of each month, submit to the engineer a statement in
detail showing the amount of work performed in the preceding month. Months shall end on the calendar
day specified by the engineer which day shall be established to provide an orderly sequence of approval by
the engineer and County of the statement submitted. Approval shall be made on the valuation of work
performed based on the "Schedule of "work" approved by the engineer or on unit prices, whichever is
applicable. Payments shall be made on the basis of ninety percent (90%) of the approved monthly
statement.
The County may withhold or, on account of subsequently discovered evidence, nullify the whole or a part
of any certificate to such extent as may be necessary to protect:
a.
Defective work not remedied.
b.
Claims filed or reasonable evidence indicating probable filing of claims.
c.
A reasonable doubt that the contract can be completed for the current unpaid balance.
d.
Correction or completion of work by the County.
e.
Failure of the contractor to make payments for replacement of surveys, lines and grades.
Payments shall be made of amounts withheld when the above grounds have been removed.
No certificate given on payment made under this contract, except the final certificate on final payment, shall
be conclusive evidence of the performance of this contract, either wholly or in part, and that no payments
shall be construed to be an acceptance of defective work or improper materials.
Upon the completion of all work whatsoever required on the contract and after such time as may be
required for the engineer to determine final quantities, the engineer shall file a written certificate with the
County and with the contractor as to the entire amount of work performed and the compensation earned by
the contractor, including extra work and compensation therefore. Within sixty (60) days after the filing of
such certificate of completion, the County shall pay to the contractor the amount therein stated, less all prior
payments and advances whatsoever to or for the account of the contractor. All prior estimates and payments
including those related to extra work, shall be subject to correction by this payment, which is throughout
this contract called Final Payment.
1/7/2020 Construction - Revised
GC-13
34.
Estimate of Quantities
The estimated quantities of work to be done and materials to be furnished under this contract, shown in the
contract documents and the proposal, are given only for use in comparing bids and to indicate
approximately the total amount of the contract, and the right is especially reserved to increase or diminish
them as may be deemed reasonably necessary or desirable by the County to complete the work
contemplated by this contract, and such increase or diminution shall not give cause for claims of liability
for damages.
The County and the engineer do not expressly or by implication assume any responsibility that the
quantities shall obtain strictly in the construction of the project, nor shall the contractor plead
misunderstanding or deception because of such estimate of quantities or of the character of the work
location or other conditions pertaining thereto.
35.
Subsurface Conditions - Contractor's Representative
a.
General
By executing the contract, the contractor represents that he has visited the site, familiarized himself
with the location conditions under which the work is to be performed and correlated his
observation with the requirements of the specifications.
b.
Subsurface Conditions
The contractor further represents that he understands that subsurface information has been obtained
for the project for engineering design purposes. This information has also been used in the
preparation of estimates of quantities for bidding purposes. However, it is the obligation of the
contractor to make his own investigation of subsurface conditions prior to submitting his proposal.
The contractor has reviewed all available subsurface information, including but not limited to,
boring logs, core recovery, test results and soils reports. The contractor's review has been in great
detail through qualified and experienced representatives.
The determination of subsurface materials and conditions to be encountered is a matter of judgment
and opinion. All of the information available to the County and the engineer is available to the
contractor upon request.
36.
Unexpected Subsurface Conditions
The contractor will promptly notify the County and engineer in writing of any subsurface or latent physical
conditions at the site differing materially from those indicated in the contract documents. The engineer will
promptly investigate those conditions and advise the County in writing if further surveys or subsurface tests
are necessary. Promptly thereafter, the County will obtain the necessary additional surveys and tests and
furnish copies to the engineer and the contractor. If the engineer finds that the results of such surveys or
tests indicate subsurface or latent physical conditions differing significantly from those indicated in the
contract documents, a change order shall be issued incorporating the necessary revisions.
37.
Changes and Alterations
a.
The County or engineer may make such minor changes in the drawings as are deemed necessary by
them to complete more fully the project or any part thereof, provided that they are of a character as
1/7/2020 Construction - Revised
GC-14
not to affect materially the cost of the work involved.
b.
The contract documents may be modified and changed from time to time in a manner not materially
affecting the substance thereof, if such changes are necessary to carry out and complete the work
agreed to be done and performed. In the event the County orders a change in the work, and the
estimated cost of the work covered by such change, is equal to or greater than twenty-five percent
(25%) of the total bid listed in the proposal of the total contract sum set out in the agreement, and if
such change materially increases the cost of the work, the increased expense will be paid by the
County. If such change diminishes the cost of the work, the amount of said diminution may be
retained by the County. No consequent loss or anticipated profit on work not executed will be paid
to the contractor.
c.
The contractor shall do such additional work other than that designated by the contract documents
as may be ordered in writing by the County, to complete fully the work as planned and
contemplated. No claim for an addition to the contract sum shall be valid unless so ordered in
writing. Where the work is of such character as provided in (a) above, the contractor will receive in
full payment for such additional work the unit prices shown in the contract, and in the same manner
as if such has been included in the original contract. Any work for which there is no quantity and
unit price in the contract, and additional work as provided in (b) above, will be done at a price to be
agreed upon previously in writing by the contractor and the engineer and approved by the County.
Where a unit price or lump sum cannot be agreed upon by both parties or where this method of
payment is impracticable, the County may order the contractor to do such additional work on a
"force-account" basis.
d.
Force-Account Work: All additional work done on a "force-account" basis shall be paid for as
follows:
Actual net cost in money to the contractor of the materials and of the wages of applied labor
(including premiums for Workmen's Compensation Insurance), required for such changes and
alterations, plus such rental for plant and equipment (other than small tools) required and approved
for such changes and alterations, plus twenty percent (20%) of the cost of materials and labor as
compensation for all other items of profit and costs or expenses, including administration,
overhead, superintendence, insurance (other than Workmen's Compensation Insurance), materials
used in temporary structures, allowances made by the contractor to the subcontractors, additional
premiums upon the Performance Bond of the contractor and use of small tools. The provision
hereof shall not affect the power of the contractor to act in case of emergency as herein provided.
The County shall have the right to examine the books and records of the contractor relative to the
cost figures in the work referred to above. Equipment rental rates shall be negotiated prior to the
commencement of the work.
1/7/2020 Construction - Revised
GC-15
38.
County's Right to Occupy Works
The right to occupy the whole or any portion of the works at any time prior to completion of the contract is
reserved by the County. In case of said occupation of the works, the contractor shall proceed with the
completion of the contract in such a manner as to cause the least possible interference with the County's
employees, or others having business on the works.
The installation of equipment or work under other contracts shall not be interpreted as occupation of the
works.
39.
Delays and Extension of Time
If the contractor is delayed at any time in the progress of the work by any of the following, the time of
completion shall be extended for a reasonable time:
a.
By any act or neglect of the County, its agents or employees.
b.
By any separate contractor employed by the County.
c.
By changes ordered in the work.
d.
To unforeseeable cause beyond the control and without the fault of negligence of the contractor
including, but not restricted to, acts of God or of the public enemy, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes and unusually severe weather.
e.
To any delays of subcontractors occasioned by any of the causes specified in the above items (a),
(b), (c) and (d).
Any claim for extension of time shall be made in writing to the County and engineer within seven (7)
days of the occurrence of the event giving rise to the claim.
40.
Guarantee of Work
a.
All work shall be guaranteed by the contractor against defects resulting from the use of inferior or
defective material, equipment, or workmanship for two (2) years from the date of final completion
of the contract, or from full occupancy of the project by the County, whichever is earlier.
b.
If, within the guarantee period, repairs or changes are required in connection with guaranteed work
rendered necessary as the result of the use of materials, equipment or workmanship which are
inferior, defective, or not in accordance with the terms of the contract, the contractor, promptly
upon receipt of written notice and without expense to the County, shall place in satisfactory
condition in every particular all such guaranteed work, correct all defects therein and make good, in
a reasonable manner, all damage to the project.
c.
If the contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee,
the County may have the defects corrected and the contractor shall be liable for all expense
incurred.
d.
All work covered by special guarantees applicable to definite parts of the work that may be
stipulated in the specifications or other papers forming a part of the contract shall nevertheless be
subject to the terms of this section during the life of such special guarantee.
1/7/2020 Construction - Revised
GC-16
41.
Indemnification
The contractor shall indemnify and save harmless the County and the engineer and their agents, officers and
employees from and against all claims, damages, losses, liability and expenses including attorney's fees
arising out of or resulting from the performance of the project, provided that any such claim, damage, loss,
liability or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the project itself) including the loss of use resulting there from
and (b) is caused in whole or in part by any negligent act or omission of the contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder.
In any and all claims against the County or the engineer or any of their agents, officers or employees by any
employee of the contractor and subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall
not be limited in any way by any limitation on the amount or type of damages, compensation or benefits
payable by or for the contractor or any subcontractor under Workmen's Compensation Acts, Disability
Benefit Acts or other Employee Benefit Acts.
The obligation of the contractor under this section shall not extend to the liability of the engineer, his
agents, officers or employees arising out of (a) the preparation or approval of maps, drawings, opinions,
reports, surveys, change orders, designs or specifications or (b) the giving of or the failure to give directions
or instructions by the engineer, his agents, officers or employees provided such giving or failure to give is
the primary cause of injury or damage.
42.
Cleaning Up
The contractor shall at all times keep the premises free from accumulations of waste material or rubbish
caused by his employees or work, and at the completion of the work he shall remove all his rubbish from
and about the site and all his tools, equipment and surplus materials and shall leave his work broom-clean
or its equivalent, unless more exactly specified. In case of dispute, the County may remove the rubbish and
charge the cost to the contractor as the engineer shall determine to be just.
43.
Uncorrected Work
If the County or engineer deems it inexpedient to correct work not done in accordance with the contract, an
equitable deduction from the contract price shall be made therefore.
44.
Liens
Neither the final payment or any part of the retained percentage shall become due until the contractor, if
required, shall deliver to the County a complete release of all liens arising out of this contract, or receipts in
full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information
the releases and receipts include all the labor and material for which a lien could be filed; but the contractor
may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the
County, to indemnify him against any lien. If any lien remains unsatisfied after all payments are made, the
contractor shall refund to the County all monies that the latter may be compelled to pay in discharging such
a lien, including all costs and a reasonable attorney's fee.
1/7/2020 Construction - Revised
GC-17
45.
Contractor's Claim
Neither the contractor nor the surety shall be entitled to present any claim or claims to the County either
during the prosecution of the work or upon completion of the contract, for additional compensation for any
work performed which was not covered by the approved drawings, specifications, and/or contract, or for
any other cause, unless he shall give the County due notice of his intention to present such claims as
hereinafter designated. The written notice, as above required, must have been given to the County, with a
copy to the engineer, prior to the time the contractor shall have performed such work or that portion thereof
giving rise to the claim or claims for additional compensation; or shall have been given within ten (10) days
from the date the contractor was prevented, either directly or indirectly by the County or his authorized
representative, from performing any work provided by the contract, or within ten (10) days from the
happening of the event, thing or occurrence giving rise to the alleged claim.
46.
Arbitration
All claims, disputes and other matters in question arising out of, or relating to, this contract or the breach
thereof, except for claims which have been waived by final payment in accordance with Section 48, shall be
decided by arbitration.
The Board of Arbitrators shall consist of three members. Each party shall appoint one arbitrator and shall
advise the other party thereof in writing, sent by registered mail. Thereafter, a third member shall be
selected by the two so appointed.
The arbitrators shall proceed with diligence to hear the matter and the parties shall have a full opportunity
to present testimony. The award shall be made by the arbitrators, or a majority of them, and shall be binding
upon the parties, subject to appeal to the courts as provided by the laws of Pennsylvania.
The arbitrators shall fix their own compensation, unless otherwise provided by agreement, and shall assess
the costs and charges of the proceedings upon either or both parties. The contractor will carry on the work
and maintain the progress scheduled during any arbitration proceedings unless otherwise agreed by the
parties in writing.
47.
Acceptance of Final Payment Constitutes Release
The acceptance by the contractor of the Final Payment shall be and shall operate as a release to the County
of all claims and of all liability to the contractor for all things done or furnished in connection with this
work and for every act and neglect of the County and others relating to or arising out of this work,
excepting the contractor's claims for interest upon the Final Payment, if this payment is improperly delayed.
No payment, however final or otherwise, shall operate to release the contractor or his sureties from any
obligation under this contract or the performance bond.
48.
No Waiver of Legal Rights
The County or the engineer shall not be precluded or stopped by any erroneous measurements, estimate or
certificate, made or given by them, or any agent or employee of the County or engineer, under any
provision or provisions of the contract at any time, either before or after the completion and acceptance of
the work and payment therefore, from showing the true and correct amount and character of the work
performed and materials furnished by the contractor, or from showing at any time that any such
measurement, estimate, or certificate is untrue or incorrectly made in any particular, or that the work or
1/7/2020 Construction - Revised
GC-18
materials, or any part thereof do not conform in fact to the specifications and contract. The County shall
have the right to reject the whole or any part of the work or materials, should any measurements, estimates,
certificate, or payment be found or be known to be inconsistent with the terms of the contract, or otherwise
improperly given. The County shall not be precluded or stopped notwithstanding any such measurement,
estimated, certificate, or payment in accordance therewith, from demanding and recovering from the
contractor and/or his surety such damages as it may sustain by reason of his failure to comply with the
terms of the specifications and contract, or on account of any overpayment or overpayments made on any
estimate or certificate. Neither the acceptance of the County, the engineer, or any agent or employee of the
County or engineer, nor any estimate or certificate by the engineer, for any payment of money, nor any
payment for, nor acceptance of the whole or any part of the work by the County or engineer, nor any
extension or remission of time, nor any possession taken by the County or its employees, shall operate as a
waiver of any portion of the contract of any power herein reserved by the County, or any right to damages
herein provided, nor shall any waiver of any breach of the contract be held to be a waiver of any other or
subsequent breach.
49.
Liquidated Damages
The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such
rate of progress as will insure completion thereof within the time specified. It is expressly understood and
agreed, by and between the Contractor and Owner that the time for the completion of the work described
herein is reasonable, taking into consideration the average climatic conditions prevailing in this locality. If
the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, then
the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the
Owner the amount of $500.00 per day, not as a penalty but as liquidated damages for such breach of
Contract, for each and every consecutive calendar day, including Saturdays, Sundays, and Holidays, that the
Contractor shall be in default after time stipulated in the Contract for completing the work. The said amount
is fixed and agreed upon between the Contractor and Owner because of the impracticability and extreme
difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said
amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be
retained by the Owner from any payment(s) due to the Contractor.
To enforce the provisions under this paragraph, the Owner will unilaterally conduct a review of the
Contractors work progress taking into consideration Change Orders, increase/decrease of unit quantities,
revisions to work items, availability of material, etc. and any other information which the Contractor may
wish to submit. Should the unilateral review find that there were no justifiable cause for the delay(s) the
Owner shall impose the stipulated penalty in accordance with the provisions of this paragraph. Should the
review indicate that the delay(s) are caused by circumstances beyond the control of the Contractor then the
Owner shall grant a reasonable amount of time to the Contractor for the successful completion of the
project.
50.
Steel Products Act
The successful bidder/contractor for this project agrees to comply with the requirements of the Steel
Products Act (PA Statutes Title 73 P.S. 1881)
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GC-19
51.
Electrical Service Specification
The successful bidder agrees that the electrical services to be performed for the County, under this contract,
shall be performed by a certified journeyman electrician or a certified residential wireman, and assisted by a
certified apprentice electrician, if necessary.
Definitions:
a.
"Journeyman Electrician" - Has four (4) or more years experience in the trade, and have
passed a journeyman wireman's examination, or have been certified as a journeyman
wireman by any joint apprenticeship and training committee, or by the Pennsylvania
Apprenticeship and Training Council.
b.
"Residential Wireman" - The same as a journeyman electrician, except he has two (2) years
experience.
c.
"Apprentice Electrician" - Is registered with the National Joint Apprenticeship Registration
Agency, and the Pennsylvania Apprenticeship and Training Council.
1/7/2020 Construction – Revised
TABLE OF CONTENTS FOR
SUPPLEMENTAL GENERAL CONDITIONS
EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS .................................. SGC-1-8
CERTIFICATION OF NON-SEGREGATED FACILITIES......................................SGC-8
CIVIL RIGHTS ACT OF 1964 ...................................................................................SGC-8
SECTION 109..............................................................................................................SGC-9
SECTION 3............................................................................................................ SGC-9-10
CERTIFICATION OF COMPLIANCE WITH AIR & WATER ACTS ..................SGC-10
HAZARDS, SAFETY STANDARDS, & ACCIDENT PREVENTION…………SGC-10-11
FEDERAL OCCUPATIONAL SAFETY & HEALTH ACTS……………………....SGC-11
ENVIRONMENTAL QUALITY CONTROL……………………………………SGC-11-12
FEDERAL LABOR STANDARDS PROVISION (form HUD-4010/pdf)...……SGC-13-17
1/7/2020 Construction - Revised
SGC-1
1.
Equal Employment Opportunity Provisions
a.
Activities and contracts not subject to Executive Order 11246, as Amended. (Applicable to
federally assisted construction contracts and related subcontracts $10,000 and under).
During the performance of this contract, the contractor agrees as follows:
(1)
In accordance to Title VII of the Civil Rights Act of 1964, as amended, the contractor shall
not discriminate against any employee or applicant for employment because of race, color,
religion, sex (including pregnancy), or national origin. The contractor shall take affirmative
action to ensure that applicants for employment are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
(2)
The contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by contracting officer setting forth the provisions of
this non-discrimination clause. The contractor shall state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex, or
national origin.
(3)
Contractor shall incorporate foregoing requirements in all subcontracts.
b.
Activities and contracts subject to Executive Order 11246, as Amended. (Applicable to federally
assisted construction contracts and related subcontracts $10,000 and under).
During the performance of this contract, the contractor agrees as follows:
(1)
The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to the following: employment, upgrading, demotion,
or transfer; recruitment, or 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 setting forth the provisions of this non-discrimination
clause.
(2)
The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration without
regard to race, color, religion, sex, or national origin.
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SGC-2
(3)
The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the contract compliance officer advising the said labor union or worker's
representatives of the contractor's commitment under this section, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
(4)
The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5)
The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
Department and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and others.
(6)
In the event of the contractor's non-compliance with the non-discrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible
for further government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7)
The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the
Department may direct as a means of enforcing such provisions, including sanctions for
non-compliance. Provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction by
the Department, the contractor may request the United States to enter into such litigation to
protect the interest of the United States.
c.
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity Executive
Order 11246). (Applicable to contracts/subcontracts exceeding $10,000).
(1)
The offertory’s or bidder's attention is called to the "Equal Opportunity Clause" and the
"Standard Federal Equal Employment Opportunity Construction Contract Specifications"
set forth herein.
(2)
The goals and timetables for minority and female participation, expressed in percentage
terms for the contractor's aggregate work force in each trade on all construction work in the
covered area, are as follows:
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SGC-3
Covered Group
Timetables
Goals
Women
From 4/1/82 until further notice
6.9%
All Other Minorities
From 4/1/81 until
further notice
6.3%
These goals are applicable to all the contractor's construction work (whether or not it is
federal or federally assisted) performed in the covered area. The contractor's compliance
with the Executive Order and regulations in 41 CFR Part 60-4 shall be based on its
implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the
goals established for the geographical area where the contract resulting from this
solicitation is to be performed.
The hours of minority and female employment and training must be substantially uniform
throughout the length of the contract, and in each trade, and the contractor shall make a
good faith effort to employ minorities and women evenly on each of its projects. The
transfer of minority or female employees or trainees from contractor to contractor or from
project to project for the sole purpose of meeting the contractor's goals shall be a violation
of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance
with the goals will be measured against the total work hours performed.
(3)
The contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within 10 working days of award of any construction
subcontract in excess of $10,000 at any tier for construction work under the contract
resulting from this solicitation. The notification shall list the name, address and telephone
number of the subcontractor; employer identification number; estimated dollar amount of
the subcontract; estimated starting and completion dates of the subcontract; and the
geographical area in which the contract is to be performed.
(4)
As used in this notice, and in the contract resulting from this solicitation, the "covered
area" is: Beaver County.
d.
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive
Order 11246).
(1)
As used in these specifications:
(a)
"Covered Area" means the geographical area described in the solicitation from
which this contract resulted;
(b)
"Director" means Director, Office of Federal Contract Compliance Programs,
United States Department of Labor, or any person to whom the Director delegates
authority;
(c)
"Employer identification number" means the Federal Social Security number used
on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
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SGC-4
(d)
"Minority" includes:
Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin;
Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or
other Spanish culture or origin, regardless of race);
Asian and Pacific Islander (all persons having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
American Indian or Alaskan Native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification).
(2)
Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $10,000 the provisions of these specifications and the notice which contains the
applicable goals for minority and female participation and which is set forth in the
solicitations from which this contract resulted.
(3)
If the contractor is participating (pursuant to 41 CFR 60-4.5) in the Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or
through an association, its affirmative action obligations on all work in the plan area
(including goals and timetables) shall be in accordance with that plan for those trades
which have unions participating in the plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each
contractor or subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO Clause, and to make a good faith effort to
achieve each goal under the plan in each trade in which it has employees.
The overall good faith performance by other contractors or subcontractors toward a goal in
an approved plan does not excuse any covered contractor's or subcontractor's failure to
make good faith efforts to achieve the plans and goals and timetables.
(4)
The contractor shall implement the specific affirmative action standards provided in
paragraphs (8) (a) through (q) of these specifications. The goals set forth in the solicitation
from which this contract resulted are expressed as percentages of the total hours of
employment and training of minority and female utilization the contractor should
reasonably be able to achieve in each construction trade in which it has employees in the
covered area. The contractor is expected to make substantially uniform progress toward its
goals in each craft during the period specified.
(5)
Neither the provisions of any collective bargaining agreement, nor the failure by a union
with whom the contractor has a collective bargaining agreement, to refer either minorities
or women shall excuse the contractor's obligations under these specifications, Executive
Order 11246, or the regulations promulgated pursuant thereto.
(6)
In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the contractor during
1/7/2020 Construction - Revised
SGC-5
the training period, and the contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs
approved by the U.S. Department of Labor.
(7)
The contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the contractor's compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The contractor shall
document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
(a)
Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the contractor's employees are
assigned to work. The contractor, where possible, will assign two or more women
to each construction project. The contractor shall specifically ensure that all
foremen, superintendents, and other on-site supervisory personnel are aware of and
carry out the contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such
facilities.
(b)
Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the contractor or its unions have employment
opportunities available, and maintain a record of the organizations' responses.
(c)
Maintain a current file of the names, addresses and telephone numbers of each
minority and female off-the-street applicant and minority or female referral from a
union, a recruitment source or community organization and of what action was
taken with respect to each such individual. If such individual was sent to a union
hiring hall for referral and was not referred back to the contractor by the union or,
if referred, not employed by the contractor, this shall be documented in the file
with the reason therefore; along with whatever additional actions the contractor
may have taken.
(d)
Provide immediate written notification to the Director when the union or unions
with which the contractor has a collective bargaining agreement has not referred to
the contractor a minority person or woman sent by the contractor, or when the
contractor has other information that the union referral process has impeded the
contractor's efforts to meet its obligations.
(e)
Develop on-the-job training opportunities and/or participate in training programs
for the area which expressly include minorities and women, including upgrading
programs and apprenticeship and trainee programs relevant to the contractor's
employment needs, especially those programs funded or approved by the
Department of Labor. The contractor shall provide notice of these programs to the
sources compiled above.
(f)
Disseminate the contractor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting the
contractor in meeting its EEO obligations; by including it in any policy manual and
collective bargaining agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy with all management personnel
1/7/2020 Construction - Revised
SGC-6
and with all minority and female employees at least once a year; and by posting the
company EEO policy on bulletin boards accessible to all employees at each
location where construction work is performed.
(g)
Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility
for hiring, assignment, layoff, termination or other employment decisions including
specific review of these items with on-site supervisory personnel such as
superintendents, general foreman, etc., prior to the initiation of construction work
at any job site. A written record shall be made and maintained identifying the time
and place of these meetings, persons attending, subject matter discussed, and
disposition of the subject matter.
(h)
Disseminate the contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the contractor's EEO
policy with other contractors and subcontractors with whom the contractor does or
anticipates doing business.
(i)
Direct its recruitment efforts, both oral and written, to minority, female and
community organizations, to schools with minority and female students and to
minority female recruitment and training organizations serving the contractor's
recruitment area and employment needs. No later than one month prior to the date
for the acceptance of applications for apprenticeship or other training by any
recruitment source, the contractor shall send written notification to organizations
such as the above describing the openings, screening procedures, and tests to be
used in the selection process.
(j)
Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer and
vacation employment to minority and female youth both on the site and in other
areas of a contractor's work force.
(k)
Validate all tests and other selection requirements where there is an obligation to
do so under 41 CFR Part 60-a3.
(l)
Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel for promotional opportunities and encourage these employees to
seek or prepare for, through appropriate training, etc., such opportunities.
(m)
Ensure that seniority practices, job classifications, work assignments and other
personnel practices, do not have a discriminatory effect by continually monitoring
all personnel and employment related activities to ensure that the EEO policy and
the contractor’s obligations under these specifications are being carried out.
(n)
Ensure that all facilities and company activities are non-segregated except that
separate or single-user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
1/7/2020 Construction - Revised
SGC-7
(o)
Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation
of solicitations to minority and female contractor associations and other business
associations.
(p)
Conduct a review, at least annually, of all supervisors' adherence to and
performance under the contractor's EEO policies and affirmative action
obligations.
(q)
Covered construction contractors performing contracts in geographical areas where
they do not have a federal or federally assisted construction contract shall apply to
the minority and female goals established for the geographical area where the
contract is being performed. Goals are published periodically in the Federal
Register in notice form and such notices may be obtained from any Office of
Federal Contract Compliance Programs office or from federal procurement
contracting officers.
(8)
Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (8) (a) through (q). The efforts of a contractor
association, joint contractor-union, contractor-community, or other similar group of which the
contractor is a member and participant, may be asserted as fulfilling any one or more of its
obligations under (8) (a) through (q) of these specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete benefits of the
program are reflected in the contractor's minority and female work force participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the contractor.
The obligation shall not be a defense of the contractor's non-compliance.
(9)
A single goal for minorities and a separate single goal for women have been established. The
contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non-
minority. Consequently, the contractor may be in violation of the Executive Order if a particular
group is employed in a substantially desperate manner (for example, even though the contractor has
achieved its goals for women generally, the contractor may be in violation of the Executive Order if
a specific group of women is under-utilized).
(10)
The contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, national origin, sexual orientation or gender
identity.
(11)
The contractor shall not enter into any subcontract with any person or firm debarred from
government contracts pursuant to Executive Order 11246.
(12)
The contractor shall carry out such sanctions and penalties for violation of these specifications and
of the Equal Opportunity Clause, including suspension, termination and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor
who fails to carry out such sanctions and penalties shall be in violation of these specifications and
Executive Order 11246, as amended.
1/7/2020 Construction - Revised
SGC-8
(13)
The contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph (8) of these
specifications, as to achieve maximum results from its efforts to ensure equal employment
opportunity. If the contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with 41
CFR 60-4.8.
(14)
The contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the
provisions hereof as may be required by the government and to keep records. Records shall at least
include for each employee the name, address, telephone numbers, construction trade, union
affiliation if any, employee identification number when assigned, social security number, race, sex,
status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors shall not be required to
maintain separate records.
(15)
Nothing herein provided shall be construed as a limitation upon the application of other laws,
which establish different standards of compliance or upon the application of requirements for the
hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977
and the Community Development Block Grant Program).
2.
Certification of Non-segregated Facilities (Over $10,000)
a.
By the submission of this bid, the bidder, offeror applicant or subcontractor certifies that she/he
does not maintain or provide for his/her employees any segregated facility at any of his/her
establishments, and that she/he does not permit employees to perform their services at any location,
under his/her control, where segregated facilities are maintained. She/he certifies further that she/he
will not maintain or provide for employees any segregated facilities at any of his/her
establishments, and she/he shall not permit employees to perform their services at any location
under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or
subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity
Clause of this contract. As used in this certification, the term "segregated facilities" means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time
clocks, locker rooms, and other storage or dressing area, *transportation and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the
basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. She/he
further agrees that (except where she/he has obtained identical certifications from proposed
subcontractors for specific time periods) she/he will obtain identical certification from proposed
subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from
the provisions of the Equal Opportunity Clause; that she/he will retain such certifications in his/her
files; that she/he will forward the following notice to such proposed subcontractors (except where
proposed subcontractors have submitted identical certifications for specific time periods).
3.
Civil Rights Act of 1964
a.
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
1/7/2020 Construction - Revised
SGC-9
4.
Section 109 of the Housing and Community Development Act of 1974.
a.
No person in the United States shall on the grounds of race, color, 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 part with funds made available under this title.
5.
Section 3
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 1968, as amended. 12 U.S.C. 1701u (Section 3).
The purpose of 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 very low income persons, particularly persons who are recipients of
HUD assistance for housing.
b.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent them from complying with
the part 135 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 contractors 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 forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
d.
The contractor will include this Section 3 Clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action as provided in an applicable
provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the subcontractor 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 before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be
directed were not filled to circumvent the contractor's obligations under 24 CFR part 135.
f.
Noncompliance with HUD's regulations 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 Indian Housing 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 (i) preference and opportunities for training
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and employment shall be given to Indians, and (ii) 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).
6.
Certification of Compliance with Air and Water Acts
(Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000)
a.
Compliance with Air and Water Acts During the performance of this contract, the contractor and
all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC
1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as
amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the
owner the following:
(1)
A stipulation by the contractor or subcontractors, that any facility to be utilized in the
performance of any nonexempt contract or subcontract, is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA pursuant to 40 CFR 15.20.
(2)
Agreement by the contractor to comply with all requirements of Section 114 of the Clean
Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution
Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports
and information, as well as all other requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued there under.A stipulation that as a condition
for the award of the contract, prompt notice will be given of any notification received from
the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be
utilized for the contract, is under consideration to be listed on the EPA List of Violating
Facilities.
(3)
Agreement by the contractor that he will include, or cause to be included, the criteria and
requirements in paragraph (1) through (4) of this section in every non-exempt subcontract
and requiring that the contractor will take such action as the government may direct as a
means of enforcing such provisions.
7.
Hazards, Safety Standards, and Accident Prevention
a.
Lead-Based Paint Hazards (Applicable to contracts for construction rehabilitation of residential
structures)
(1)
The construction or rehabilitation of residential structures is subject to the HUD Lead-
Based Paint regulations, 24 CFR Part 35. The contractor and subcontractors shall comply
with the provisions, as amended for the elimination of lead-base paint hazards under sub-
part B of said regulations. The County will be responsible for the inspections and
certifications required under Section 34.14(f) thereof.
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b.
Use of Explosives
(1)
When the use of explosives is necessary for the prosecution of the work, the contractor
shall observe all local, state and federal laws in purchasing and handling explosives. The
contractor shall take all necessary precaution to protect completed work, neighboring
property, water lines, or other underground structures. Where there is danger to structures
or property from blasting, the charges shall be reduced and the material shall be covered
with suitable timber, steel or rope mats. The contractor shall notify all owners of public
utility property of intention to use explosives at least eight hours before blasting is done,
close to such property. Any supervision or direction of use of explosives by the engineer
does not in any way reduce the responsibility of the contractor or his surety for damages
that may be caused by such use.
c.
Danger Signals and Safety Devices
(1)
The contractor shall take all necessary precautions to guard against damages to property
and injury to persons. He shall put up and maintain in good condition, sufficient red or
warning lights at night, suitable barricades and other devices necessary to protect the
public. In case the contractor fails or neglects to take such precautions, the County may
have such lights and barricades installed and charge the cost of this work to the contractor.
Such action by the County does not relieve the contractor of any liability incurred under
these specifications or contract.
C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract
exceeds $100,000.
(1)
No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulation.
(2)
The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and
Safety Standards Act, 40 USC 3701 et seq.
The Contractor shall include the provisions of this paragraph in every subcontract so that such
provisions will be binding on each subcontractor. The Contractor shall take such action with respect to
any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall
direct as a means of enforcing such provisions.
8 Federal Occupational Safety and Health Acts
a.
The contractor shall conform to the Requirements of the Federal Occupational Safety and Health
Act of 1970.
9.
Environmental Quality Control
a.
The contractor and his subcontractors shall perform their work in a manner which shall minimize
the possibility of air, water and land pollution.
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b.
The contractor shall comply with the regulations and standards of the Department of Environmental
Resources, Sanitary Water Board, Water and Power Resources Board and Solid Waste
Management Act, all as amended to date. All contractors will be solely responsible for any
violations and shall be responsible for securing permits, when required.
c.
The bidder shall thoroughly acquaint himself with the terms of the statutes, rules, and regulations
enumerated in this Special Conditions, and shall include in the bid prices all cost of complying with
the terms of the listed statutes, rules, and regulations. No separate or additional payment will be
made for such compliance. In the event that the listed statutes, rules and regulations are amended,
or if new statutes, rules or regulations become effective, which cause the contractor to perform
additional work, the engineer will issue a change order setting forth any additional work that must
be undertaken. This change order will not invalidate the contract. The change order will specify the
amount of additional payment, if any, that will be made to the contractor. No payment will be made
for work performed without written authorization to do so.
d.
The bidder shall determine what, if any, local ordinances, codes, and regulations apply to his work
and comply with all such ordinances, codes and regulations.
10.
Federal Labor Standards Provisions – form HUD-4010 as a pdf attachment
Previous editions are obsolete
ref. Handbook 1344.1
1/7/2020 Construction - Revised
Federal Labor Standards Provisions
U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included in this Contract pursuant
to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on an y account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers
and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section l (b)( 2)
of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics,
subject to the provisions of 29 CFR 5. 5(a)(1 )(iv); also,
regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans,
funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred
during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard
to skill, except as provided in 29 CFR 5. 5( a)( 4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer’s payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional
classification and wage rates conformed under
29 CFR 5. 5 (a)(1 )(ii) and the Davis-Bacon poster (WH-
1321 ) shall be pos ted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed
in the wage determination and which is to be employed under
the contract shall be classified in conformance with the wage
determination. H UD shall approve an additional
classification and wage rate and fringe benefits therefor
only when the following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by HUD or its designee to the
Administrator of the W age and Hour Division, Employment
Standards Administration, U. S. Department of Labor,
Washington, D. C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30 -day period that additional
time is necessary. (Approved by the Office of Management
and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
H UD or its designee do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), HUD or its
designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its
designee, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise HUD or
its designee or will notify HUD or its designee within the 30-
day period that additional time is necessary. (Approved by
the Office of Management and Budget under OMB Control
Number 1215 -0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs (1)(ii)(b)
or (c) of this paragraph, shall be paid to all workers
performing work in the classification under this contract from
the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or
an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part
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form HUD-4010 (06/2009)
Previous editions are obsolete
1/7/2020 Construction - Revised
form HUD-4010 (06/2009)
ref. Handbook 1344.1
SGC-14
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215- 0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld f rom the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee or
helper, employed or working on t he site of the work, all or
part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. H UD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis-Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and social security
number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates
of contributions or costs anticipated for bona f ide fringe
benefits or cash equivalents thereof of the types described
in Section l(b)(2 )(B) of the Davis-bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 C FR 5. 5 ( a)(1 )(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan
or program described in Section l (b)(2 )(B) of the Davis-
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215 -0140 and 1215- 0017.)
(ii) ( a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to the
contract, but i f the agency is not such a par ty, the contractor
will submit the payrolls to the applicant sponsor, or owner,
as the case may be, for transmission to HUD or its designee.
T he payrolls submitted shall set out accurately and
completely all of the information required to be maintained
under 29 CFR 5. 5( a)( 3)(i) except that full social security
numbers and home addresses shall not be included on weekly
transmittals. Instead the payrolls shall only need to include
an individually identifying number for each employee (e. g.,
the last four digits of the employee’ s social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form W H-347 is
available for this purpose f rom the W age and H our Division
W eb site at
http:// www. dol. gov/ esa/whd/forms/ wh347instr. htm or its
successor site. T he prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered
worker, and shall provide them upon request to HUD or its
designee i f the agency is a party to the contract, but if the
agency is not such a p arty, the contractor will submit the
payrolls to the applicant sponsor, or owner, as the case
may be, for transmission to HUD or its designee, the
contractor, or the W age and Hour Division of the Department
of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. I t is not a
violation of this subparagraph for a prime contractor to
require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records,
without weekly submission to HUD or its designee.
(Approved by the Office of Management and Budget under
OMB Control Number 1215 -0149.)
(b) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under 29 CFR 5. 5
(a)(3)(ii), the appropriate information is being maintained
under 29 C FR 5. 5( a)(3)(i), and t hat such information is
correct and complete;
Previous editions are obsolete
1/7/2020 Construction - Revised
form HUD-4010 (06/2009)
ref. Handbook 1344.1
SGC-15
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly f rom
the full wages earned, other than permissible deductions as
set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on t he reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by subparagraph
A. 3.(ii)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the
records required under subparagraph A. 3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department of
Labor, and shall permit such representatives to interview
employees during working hours on the job. I f the
contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee may,
after written notice to the contractor, sponsor, applicant or
owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records
upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5. 12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona f ide apprenticeship
program registered with the U. S. Department of Labor,
Employment and T raining Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days
of probationary employment as an appr entice in such an
apprenticeship program, who is not individually registered in
the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a
State Apprenticeship Agency ( where appropriate) to be
eligible for probationary employment as an apprentice. T he
allowable ratio of apprentices to journeymen on t he job site in
any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an ap
prentice wage rate, who
is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on t he wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which
its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman’ s hourly
rate) specified in the contractor’ s or subcontract or’ s
registered program shall be observed. E very apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice’ s level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. I f the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on t he wage determination for the applicable
classification. I f the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. I n the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5. 16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ‘ , to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U. S. Department of Labor,
Employment and T raining Administration. T he ratio of
trainees to journeymen on t he job site shall not be greater
than permitted under the plan approved by the
Employment and T raining Administration. E very trainee must
be paid at not less than the rate specified in the approved
program for the trainee’ s level of progress, expressed as a
percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee
program. I f the trainee program does not mention fringe
benefits, trainees shall be pa id the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll
at a trainee rate who is not registered and participating in a t
raining plan approved by
Previous editions are obsolete
1/7/2020 Construction - Revised
form HUD-4010 (06/2009)
ref. Handbook 1344.1
SGC-16
the Employment and T raining Administration shall be paid
not less than the applicable wage rate on t he wage
determination for the work actually performed. In addition,
any trainee performing work on t he job site in excess of the
ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. I n the
event the Employment and T raining Administration
withdraws approval of a t raining program, the contractor
will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 C FR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. T he prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 C FR 5. 5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5. 12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause
of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of i ts subcontractors) and HUD or
i ts designee, the U. S. Department of Labor, or the
employees or their representatives.
10. (i) Certification of Eligibility. By entering into this
contract the contractor certifies that neither i t ( nor he or
she) nor any person or f i rm who has an interest in the
contractor’ s f i rm is a per son or f i rm ineligible to be
awarded Government contracts by virtue of Section 3 (a) of
the Davis-Bacon Act or 29 CFR 5. 12 (a)(1 ) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24
CFR Part 24.
(ii) No part of this contract shall be subcontracted to any
person or f i rm ineligible for award of a Government
contract by virtue of Section 3 (a) of the Davis-Bacon Act
or 29 CFR 5. 12( a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24 .
(iii) The penalty for making false statements is prescribed
in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally,
U. S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
“Federal Housing Administration transactions”, provides in
part: “Whoever, for the purpose of . . . influencing in any way
the action of such Administration..... makes, utters or
publishes any statement knowing the same to be false.....
shall be fined not more than $5, 000 or imprisoned not
more than two years, or both.”
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work in excess of 40 hour s in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hour s in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1 ) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable for
the unpaid wages. I n addition, such contractor and
subcontractor shall be liable to the United States (in the case
of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause
set forth in subparagraph ( 1) of this paragraph, in the sum of
$10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the clause set
forth in sub paragraph ( 1) of this paragraph.
Previous editions are obsolete
1/7/2020 Construction - Revised
form HUD-4010 (06/2009)
ref. Handbook 1344.1
SGC-17
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, f
rom any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contract, or
any other Federally- assisted contract subject to the Contract
Work Hours and Safety Standards Act which is held by the
same prime contractor such sums as may be determined to
be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph
(2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph ( 1) through (4 ) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. T he prime contractor
shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in
subparagraphs (1) through ( 4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 P art
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91- 54, 83 S tat 96). 40 USC
3701 et seq.
(3) T he contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. T he contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
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BOARD OF BEAVER COUNTY COMMISSIONERS BEAVER COUNTY, PENNSYLVANIA (Beaver County Information Technology)

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Completed 17 July 2020

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