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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
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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
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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
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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.
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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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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.
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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
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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
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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.
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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.
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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)
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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:
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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:
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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:
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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
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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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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:
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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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(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.
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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
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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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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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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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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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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
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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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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
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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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N-1
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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P-1
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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Q-2
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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R-1
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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R-2
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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S-1
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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T-1
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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V-1
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
1/7/2020 Construction - Revised
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.
1/7/2020 Construction - Revised
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 G