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1/7/2016 Construction

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

Website: www.cdbg.info

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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-1-4

BID BOND ................................................................................................................. E-1-2

CERTIFICATE OF CORPORATE PRINCIPAL.......................................................... F-1

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

PARTNERSHIP CERTIFICATE ................................................................................. M-1

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-1-19

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.

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

Sandie Egley, Chairman

Daniel C. Camp, III

Tony Amadio

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:

2. 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.

3. 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)

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Bid securities w ill b e returned to all except th e three (3) l owest bi dders a fter t he bi d ope ning. T he

remaining bid securities will be returned when the executed contract is delivered to the successful bidder.

3. Investigation of Conditions and Errors in Bid

a. It is r equired that firm v isit th e site and a cquaint th emselves w ith a ll 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 f irm o f the responsibility for e stimating 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 e nsure c ompliance w ith the wage pr ovisions, and t erminations of t he c ontract or

debarment for failure to adhere to the required provisions. HUD construction covered by the DBA itself

consists o f S ecretary acq uired p roperties w here r epairs o r i mprovements ar e 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 copies 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 o f materials, delivery, and la bor to in stall th e ite ms 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 r elating 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 $200,000 or more, the contractor or subcontractor shall, to the greatest extent feasible, hire low and

very l ow i ncome pr oject a rea r esidents or c ontract w ith bus inesses ow ned 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 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 p enal 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

o Bid Bond

All successful bidders, prior to contract execution, must submit the following forms, as appropriate:

o Non-Collusion Affidavit of Prime Bidder

o Certificate of Corporate Principal

o Certificate of Bidder Regarding EEO (E.O. 11246)

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o Certificate of Subcontractor Regarding EEO/Eligibility

o Section 3 Requirements (for contracts over $200,000)

o Executive Order 11625

o Agreement

o Corporate Certificate

o Partnership Certificate

o No Lien Agreement

o Certificate of Owner’s Attorney

o General Instructions for Bonds

o Performance Bond

o Labor and Materialman’s Bond (Payment Bond)

o Maintenance Bond

o Workmen’s Compensation Affidavit

o Insurance Certificate

o Minority Business Utilization (E.O. 11625)

Subcontractors may also be required to submit one or more of forms c. through g.

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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 ut ility a nd t ransportation s ervices a nd t o pe rform a nd c omplete a ll w ork

required f or t he r eferenced p roject all i n acco rdance w ith the above listed documents, for the

following unit prices:

PROJECT INTENTION:

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Base Bid

Project Name & No:

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.

Item

No.

Description Quantity Unit

Unit Price

In Figures

Unit Price Written Total

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Project Name & No: Alternate Bid

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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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: ____________

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:

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EXCEPTIONS ADDENDUM

7. The following addendum, to be c ompleted i n f ull c ompliance w ith t he pr ovisions of t he

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 bi d ha ve be en a rrived a t i ndependently a nd w ithout c onsultation,

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 m y f irm i s made i n g ood f aith a nd not pur suant t o 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. ,it’s affiliates,

(Name of firm)

subsidiaries, officers, 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:

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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____

___________________________

Notary Public

My Commission expires: _____________________

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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 r igging a nd ot her e fforts t o r estrain c ompetition, a nd t he m aking of f alse 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 t erm " complementary bi d" a s us ed i n t he Non-Collusion Affidavit has the m eaning 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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BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we,

as Principal, and

, as Surety are held and firmly bound unto

_ Dollars,

(hereinafter called the County), in the sum of

lawful money of the United States, for the pa yment of w hich s um w ill a nd t ruly t o be m ade, w e bi nd

ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents.

THE C ONDITION OF T HIS OB LIGATION I S S UCH t hat wher eas t he P rincipal has s ubmitted 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 t o him for signature, enter into a written contract with t he 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 s aid

Corporation; that I know his signature, and his 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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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” REQUIREMENTS APPLY TO EACH CONSTRUCTION OR REHABILITATION

CONTRACT OR SUBCONTRACT THAT EXCEEDS $100,000 IN PROJECTS THAT ARE

RECEIVING HUD ASSISTANCE OF $200,000 OR MORE

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

TRAINEES

REQUIRED

TOTAL

NUMBER OF

TRAINEES

PRESENTLY

ON PAYROLL

TOTAL

NUMBER OF

TRAINEES TO

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 U tilization 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 C ontractor w ill, t o t he g reatest e xtent

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 S ection 3 b usinesses a re t hose w hich qua lify a s ' small' unde r t he S mall 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 t o be ut ilized and t he dol lar a mount of pr oposed s ubcontracts t o S ection 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 t he s ubcontractor a c ertification of c ompliance 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 r egular basis ( monthly or qua rterly) t he r esults of the

affirmative e fforts a nd unde rtakings pe r pa ragraphs A , B , a nd C a bove, i ncluding the efforts of its

subcontractors.

Signature/Contractor Date

Approved/County of Beaver Date

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TABLE I

BUSINESS UTILIZATION TABLE

USE

OF SECTION 3

BUSINESSES

PROPOSED

SUBCONTRACTS

SECTION 3

PROPOSED

SUBCONTRACTS

SUBCONTRACT

DOLLAR AMOUNT

ESTIMATE

YES

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:

Selling bricks

Window-installation

Selling lumber

Air conditioning sales and/or installations

Selling cement, sand & gravel

10.

Floor tile sales and/or installations

Making steel cast

11.

Door sales and/or installations

Selling electric supplies

12.

Landscaping

Selling kitchen appliances

13.

Carpeting

Selling bathroom fixtures

14.

Stationery and/or advertising

15. Other (Specify):

This list should also include professional services, and all of the construction t rades, i .e., pl umbing,

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

Report

Period

Cumulative

Report

Period

Cumulative

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

1. Professional

Hispanic or Latino

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

$ * ( %

(6.3% Minimum Goal)

) of total project cost.

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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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 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 S pecial), D rawings, S pecifications, a ll A ddenda i ssued pr ior t o e xecution of t his A greement, a nd a ll

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

The Architect/Engineer for this project is:

ARTICLE 3 – The Architect/Engineer

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

. ($

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

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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 thirty (30) 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 num ber, and t he 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

County of Beaver

as follows:

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.

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.

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ARTICLE 10 – Miscellaneous Provisions

Terms used in this Agreement, which are defined in the General C onditions of t he C ontract, s hall ha ve t he

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

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

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:

Sandie Egley, Chairman

BY:

Daniel C. Camp, III

BY:

Chief Clerk Tony Amadio

CORPORATE CERTIFICATE

I, , certify that I am the Secretary of the Corporation named as

Contractor in the foregoing Instrument, that

, w ho s igned 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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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 is a general partner in the firm of

; and that said firm consists of himself and

and that he e xecuted t he f oregoing

instrument on behalf of said firm for the uses and purposes stated herein.

Notary Public in and for the County

State of

(NOTARY STAMP)

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NO LIEN AGREEMENT

WHEREAS , with a mailing address of

, has entered into an

Agreement with the County of Beaver to provide labor, materials and equipment for the

Project, at the

NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract

and for the consideration therein set forth, that neither the undersigned contractor, any subcontractor, or

materialman, nor any other person furnishing labor or materials to the said contractor under this contract shall file a

lien, commonly called a Mechanic's Lien, for work done or materials furnished to the said project, or to the grounds

adjacent thereto.

This stipulation is made and intended to be filed with the Beaver County Prothonotary within ten (10) days after

date, in accordance with the requirements of the Commonwealth of Pennsylvania, in such case provided.

IN WITNESS WHEREOF, the said parties hereto have hereunder set their hands and seals.

CONTRACTOR: BOARD OF COMMISSIONERS

COUNTY OF BEAVER:

Business Name Sandie Egley, Chairman

(Printed Name ) Daniel C. Camp, III

(Signature) Tony Amadio

Title

CONTRACTOR’S WITNESS: WITNESS:

Signature Chief Clerk

Dated:

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 h ave f ull p ower an d au thority t o ex ecute s aid

agreements on behalf of the respective parties named thereon; and that the foregoing Agreements constitute valid

and legally binding obligations upon t he parties executing the same in accordance with terms, conditions and

provisions thereof.

Signature

Date:

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GENERAL INSTRUCTIONS FOR BONDS

1. The "Bid Bond" form shall be used for the protection of the County in receiving bids. There shall be no

deviation from this form.

2. The "Performance Bond" form shall be used for construction work on the furnishing of supplies whenever

a bond is required. There shall be no deviation from this form.

3. The "Labor and Materialman's Bond (Payment Bond)" form, for the protection of persons supplying labor

and material, shall be used on all contracts where such bond is required. This bond shall provide that every

person, c o-partnership, association or corporation w ho, 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 bus iness 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

(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 P rincipal s et f orth in said contract, and satisfy al l cl aims 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 s o, 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 a ddition to the terms of the contract or t o t he w ork t o be pe rformed t hereunder of t he

specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby

waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the

work or to the specifications.

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Signed, sealed and delivered in two (2) counterparts this day of ,

20 .

(Individual Principals Sign Here)

(SEAL)

In the presence of:

(SEAL)

(Corporate Principals Sign Here)

ATTEST:

By:

(Surety Sign Here)

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LABOR AND MATERIALMAN'S BOND

(PAYMENT BOND)

KNOW ALL MEN BY THESE PRESENT, that we

as Principal and

as Surety

are held and firmly bound unto

(hereinafter called the Obligee) in the penal

sum of

DOLLARS ($ ),

lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our

heirs, personal representatives, successors and assigns, jointly and severally, firmly by these present:

WHEREAS said Principal has entered into a certain contract with said Obligee dated

(hereinafter called the Contract) for:

which contract and

the specifications for said work shall be deemed a part hereof as fully as if set out herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal and all

subcontractors to whom any portion of the work provided for in said contract is sublet and all assignees of said

Principal and of such subcontractors shall promptly make payment for all labor performed, services rendered and

materials furnished in the prosecution of the work provided for in said contract, or in any amendment or extension

of or addition to said contract, then the above obligation shall be void; otherwise to remain in full force and effect.

Provided, however, that this bond is subject to the following conditions and limitations:

a. All persons who have performed labor, rendered services or furnished materials or machinery as

aforesaid shall have a direct right of action against the Principal and Surety on this bond, which right of

action shall be asserted in proceedings instituted in the state in which such labor was performed,

services rendered or materials furnished. Insofar as permitted by the laws of such state, such right of

action shall be asserted in a proceeding instituted in the name of the Obligee to the use and benefit of the

person instituting such action and of all other persons having claims hereunder, and any other person

having a claim hereunder shall have the right to be made a party to such proceeding (but not later than

one year after the complete performance of said contract and final settlement thereof) and to have such

claim adjudicated in such action and judgment rendered thereon.

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b. The surety shall not be liable hereunder for any damages or compensation recoverable under any

workman's compensation or employer's liability statute.

c. In no event shall the surety be liable for a greater sum than the penalty of this bond, or subject to any

suit, action or proceeding thereon that is instituted later than one year after the complete performance of

said contract and final settlement thereof.

d. As used herein, the term "person" refers to any person, firm or corporation who has furnished materials

or machinery to be used on or incorporated in the work or the prosecution thereof provided for in said

contract, or in any amendment or extension of or addition to said contract, or of any assignee of said

principal, or of any subcontractor, and also anyone so engaged who performs the work of a laborer or of

a mechanic regardless of any contractual relationship between the principal, or any subcontractor or any

assignee or said principal or of said subcontractor, and such laborer or mechanic but shall not include

office employees not regularly stationed at the site of the work.

The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or

addition to the terms of this contract or to the work to be performed thereunder or the specifications accompanying

the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,

extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

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Signed, sealed and delivered in two (2) counterparts this day of ,

20 .

(Individual Principals Sign Here)

(SEAL)

In the presence of:

(SEAL)

(Corporate Principals Sign Here)

ATTEST:

By:

(Surety Sign Here)

ATTEST:

By:

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MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENT, that we

As Principal, and

as Surety, and held and firmly bound unto

(hereinafter called the Obligee), in the full and just sum of

DOLLARS ($ ), lawful m oney of t he

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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S-2

WORKMEN'S COMPENSATION AFFIDAVIT

State of

ss:

County of

Name of Officer, if Corporation Title of Officer, if Corporation

Name of Contractor

being duly sworn according to law, de poses and s ays that he/they/it ha s/have accepted t he pr ovisions of the

Workmen's Compensation A ct of 1915 of t he C ommonwealth of P ennsylvania, w ith i ts s upplements a nd

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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CERTIFICATE OF INSURANCE

Insert your certificate of Liability Insurance as required on Pages GC3 and GC4.

Make certain that the certificate contains an

original signature of an authorized representative and the holder is

listed

exactly

as follows:

County of Beaver

Community Development Program of Beaver County

810 Third Street

Beaver, PA 15009

Also, please list the project name and the CD project number on the certificate in the “description” area, along with

a statement naming the

County of Beaver

as additionally insured.

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WAGE RATE DETERMINATION

Appropriate Wage Rate Determination as required on Page B3.

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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-7-8

SAMPLES AND DESCRIPTIVE DATA...................... ............................................ GC-8

PROOF OF COMPLIANCE WITH SPECIFICATIONS............ ........................... GC-8-9

SUPERINTENDENCE, SUPERVISION....................... ............................................ GC-9

ENGINEER'S AUTHORITY............................... ................................................. GC-9-10

PROTECTION OF PERSONS AND PROPERTY................. ................................. GC-10

ROYALTIES AND PATENTS.............................. .................................................. GC-10

PERMITS AND REGULATIONS............................ .......................................... GC-10-11

OTHER CONTRACTS............................................................................................. GC-11

MUTUAL RESPONSIBILITY OF CONTRACTORS............... ............................. GC-11

USE OF PREMISES (BY CONTRACTOR)....................................................... GC-11-12

RESPONSIBILITY AND RISK............................ ................................................... GC-12

COUNTY'S RIGHT TO TERMINATE CONTRACT............... .............................. GC-12

CONTRACTOR'S RIGHT TO STOP WORK/TERMINATE CONTRACT. ......... GC-12

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METHOD OF PAYMENT.................................. ................................................ GC-12-13

ESTIMATE OF QUANTITIES............................. ................................................... GC-14

SUBSURFACE CONDITIONS - CONTRACTOR'S REP........... ........................... GC-14

UNEXPECTED SUBSURFACE CONDITIONS................... ................................. GC-14

CHANGES AND ALTERATIONS........................... ............................................... GC-15

COUNTY'S RIGHT TO OCCUPY WORKS..................... ...................................... GC-16

DELAYS AND EXTENSION OF TIME....................... .......................................... GC-16

GUARANTEE OF WORK.................................. ................................................ GC-16-17

INDEMNIFICATION.................................... ........................................................... GC-17

CLEANING UP........................................ ................................................................ GC-17

UNCORRECTED WORK................................... ..................................................... GC-17

LIENS.............................................. ......................................................................... GC-18

CONTRACTOR'S CLAIM................................. ...................................................... GC-18

ARBITRATION........................................................................................................ GC-18

ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE.... ............... GC-19

NO WAIVER OF LEGAL RIGHTS.......................... .............................................. GC-19

LIQUIDATED DAMAGES................................ ................................................ GC-19-20

AMERICAN MADE STEEL.................................................................................... GC-20

ELECTRICAL SERVICE SPECIFICATION.................. ........................................ GC-20

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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, S pecifications, and A ddenda in their pr esent form, but only

when or dered by t he C ounty or E ngineer i n writing, prior to th e

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" s hall m ean t he P rofessional

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, p ostage prepaid, ad dressed t o t he ch ief ex ecutive o fficer o f t he

County at the place where t he bi ds or pr oposals f or the contract w ere

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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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 pe rformance and maintenance of the w ork 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, a nd ot her f acilities a nd t hings ne cessary 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 t he c ontract; nor w ill a pproval of m aterial or e quipment 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 dr awings may s upplement or a mend the G eneral

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 pr ovision i s not i nserted, or is not correctly i nserted, upon

application of either party, the contract shall forthwith be then physically amended to make such insertions.

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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 i n 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 s ubcontractor t o c ommence w ork i n hi s s ubcontract unt il a ll s imilar i nsurance r equired of t he

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 f rom claims under the Workmen's Compensation A ct 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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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, cer tifying 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 hi s s ureties of a ny of hi s or i ts obl igations unde r t his c ontract. 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 r equested by the County, the contractor shall supply pr oof t hat the proposed subcontractor i s

particularly equipped and capable to perform such work. Proof of qualifications and capability of

proposed subcontractors shall include the following:

a. A financial statement certified by its accountants.

b. A list of contracts successfully and satisfactorily carried to completion on work of a similar

nature.

c. A list of contracts presently underway, the percentage of completion of each contract and the

name and address of the County.

d. A list of equipment for the work.

It is understood, however, that any approval by the County for the subcontracting of any of the work under

the contract in no way relieves the contractor from his full obligations under the contract. The contractor

shall be responsible for all acts or omissions of any subcontractor or supplier and shall be liable for all

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GC-4

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 t o s cale m easurements. Large-scale d rawings s hall i n g eneral govern s mall-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 ha ve be en a voided t hereby. When

measurements are affected b y co nditions al ready es tablished, t he co ntractor s hall t ake

measurements notwithstanding the giving of scale or figure dimensions in the drawings.

c. Deviations. Deviations from the drawings and the dimensions therein given shall be made only

after written authority is obtained from the engineer. Prior to issuing written authority allowing any

deviation, the engineer must obtain the County's concurrence.

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d. Interpretation and I nstructions. All que stions r egarding t he f igures, dr awings, pl ans a nd

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, o r th e P ENNDOT

Construction S tandards, t he s ections or dr awings r eferenced s hall be a s 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 s pecifications) s hall be s ubject t o i nspection, e xamination, a nd t est 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 co ntractor f ails t o p roceed at o nce w ith t he r eplacement o f r ejected material an d/or t he

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 t he r ight of t he c ontractor t o pr oceed a s pr ovided i n t hese G eneral C onditions, t he

contractor and surety being liable for any damage to the same extent as provided elsewhere in these

General Conditions for termination thereunder.

b. Tests. The contractor shall furnish promptly, without additional charge, all reasonable facilities,

labor, and materials necessary for the safe and convenient inspection and test that may be required

by t he en gineer. All i nspection a nd t ests s hall be pe rformed i n s uch a manner as to not

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unnecessarily delay the work. Special, full size and performance tests shall be as described in the

specifications.

c. Final Inspection. Should it be considered necessary or advisable by the County at any time before

final accep tance o f t he en tire w ork t o m ake an ex amination of work already completed, by

removing or tearing out same, the contractor shall on request promptly furnish all necessary

facilities, labor, and material. If such work is found to be defective in any material respect, the

contractor will bear all expenses of such examination and of satisfactory reconstruction.

If, however, such work is found to meet the requirements of the contract, the contractor will be

allowed payment on a " force acco unt" b asis i n acco rdance w ith S ection 3 7 o f t hese G eneral

Conditions, and he shall, in addition, if completion of the work has been delayed thereby, be

granted a suitable extension of time on account of the additional work involved.

18. Standard of Quality

Whenever in these specifications an eq uipment i tem, ar ticle o r m aterial i s d efined b y d escribing a

proprietary product or by using a trade name of a manufacturer or vendor, the term "or equal" if not

inserted therewith shall be assumed as signifying that the specifications will be interpreted liberally, except

that o n p roducts w hich a re a n a ddition to a n e xisting f acility, s ystem, equipment, item or article, the

engineer s hall s pecify, w hen i n hi s opi nion such i s ne cessary f or r easons of c ompatibility a nd

standardization, specific equipment, item, article or material by a trade name of a manufacturer or vendor

including catalog number, size and type. Accordingly, it is to be understood that any reference to a

particular manufacturer's product either by name or by limiting description, except as noted herein, has

been made solely for the purpose of more clearly indicating the minimum standard of quality desired. Any

other make, except as noted herein, substantially similar and performing as effectively the duties imposed

by the general design, performance and space allowed by the plans may be submitted for approval by the

engineer provided. However, for any major substitutions, such approval is obtained prior to awarding the

contract, otherwise it shall be assumed that the contractor will furnish the materials, articles, or equipment

items specified herein. No substitution shall be made without the written approval of the engineer who shall

be the judge of the standard of quality.

19. Labor, Materials and Equipment

a. Unless otherwise stipulated, the contractor shall provide and pay for all materials, labor, water,

tools, equipment, light, power, transportation, and other facilities necessary for the execution and

completion of the work.

b. Unless otherwise specified, all materials and equipment shall be new and both workmanship and

materials shall be of good quality. The contractor, shall, if required, furnish satisfactory evidence as

to the kind and quality of materials and equipment.

20. Samples and Descriptive Data

a. Any samples and descriptive data required shall:

1) Be submitted within the time specified in these specifications, or if a time is not specified,

within a reasonable time before use to permit inspection and testing.

2) Be shipped prepaid and delivered as specified in these specifications, or as directed by the

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engineer.

3) Be properly marked to show the name of the material, trade name of manufacturer, place of

origin, name and location of the work where the material represented by the sample is to be

used, and the name of the contractor submitting the sample.

4) Be checked and stamped with the approval of the contractor.

b. Samples not s ubjected t o de structive t ests m ay be r etained until completion of the work but

thereafter will be retained to the contractor, at his expense, if he so requests in writing. Failure of

any sample to pass the specified requirements will be sufficient cause for refusal to consider further

any samples from the same manufacturer whose materials failed to pass the tests.

21. Proof of Compliance With Specifications

When testing of any material or product is not specified as a responsibility of the County, satisfactory proof

of compliance with the specifications shall be submitted by one or more of the following methods.

Where testing of any material or product is a responsibility of the County, satisfactory proof of compliance

with the specifications will be submitted in accordance with method (a) or (b) below, before a sample will

be tested.

The method of proof of compliance shall be subject to the approval of the engineer, and all costs thereof

shall be at the expense of the contractor unless otherwise specified.

a. Manufacturer's C ertificate o f C ompliance: I n t he cas e o f s tandard l abeled s tock p roducts of

standard manufacture which has a record of satisfactory performance in similar work over a period

of not less than two (2) years, the engineer may accept a notarized statement from the manufacturer

certifying that the product conforms to the applicable specifications.

b. Mill Certificates: For materials where such practice is the usual standard, the engineer may accept

the manufacturers' certified mill and laboratory certificate.

c. Testing Laboratory Certification: The engineer may accept a certificate from a commercial testing

laboratory satisfactory to him certifying that it has tested the product submitted within a period

acceptable to the engineer and that the product conforms to the requirements of the specifications.

d. Report of Actual Laboratory Tests: The engineer may require that the contractor make actual tests

of any material, product or end item and submit a report of the specific tests. Such tests shall be

made by a commercial testing laboratory approved by the engineer. Test samples shall be selected

by or under the supervision of the engineer. The method of testing shall comply with the method

specified, or when not specified, with a s tandard a pproved m ethod. C ertified c opies i n

quadruplicate, of the results of the tests, shall be submitted to the engineer for approval and in such

form as he may direct. The results of tests in the required form shall be submitted well in advance

of the time when the material or product shall be used in the work.

e. Re-testing: W here te sting is s pecified herein to be performed by the County, the County will

perform the testing or will have the testing performed at a commercial laboratory at the expense of

the County. Where items or additional samples from items which have been previously tested and

approved at the expense of the County are required to be retested, the County will bear the costs of

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such re-testing Where re-testing is required because of the failure of previously tested samples, the

expense of all such re-testing shall be borne by the contractor at no expense to the County. The

contractor shall pay for all additional re-testing required due to subsequent test failures. Where so

required for original testing, re-testing will be performed at such laboratories as may be approved

by the engineer.

22. Superintendence, Supervision

The contractor shall keep on his work, during its progress, a competent superintendent

satisfactory to the County. The superintendent shall not be changed without written notice to

the County except in an emergency. The contractor's superintendent shall have authority to act

for the contractor in all matters concerning the work. All communications given to the

superintendent shall be binding on the contractor.

23. Engineer's Authority

The engineer is the County's representative during the performance of the work. He shall at all times have

access to the work whenever it is in preparation and progress. The engineer will make periodic visits to the

site and observe the progress of construction and the quality of the work to determine, in general, if the

work is proceeding in accordance with the contract documents.

The engineer will not be required to make exhaustive or continuous on-site inspections to check the quality

or quantity of the work. The e ngineer w ill not be r esponsible f or t he c onstruction m eans, m ethods,

techniques, sequences or production or for the safety precautions and programs in connection with the work

and he will not be responsible for the contractor's failure to carry out the work in accordance with the

contract documents.

The engineer shall render a decision on all questions and disputes submitted to him in writing relating to the

execution and progress of the work or the interpretation of the contract documents. Either the County or the

contractor may demand arbitration of any such matter, notwithstanding the decision of the engineer.

The engineer's authority to act under this Section or any other provision of the contract documents, shall not

give rise to any duty or responsibility of the engineer to the contractor or any subcontractor.

24. Protection of Persons and Property

a. The contractor s hall b e r esponsible f or in itiating, m aintaining th e s upervising o f a ll s afety

precautions and programs in connection with the work. The contractor shall take all reasonable

precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury

or loss to (i) employees, (ii) all other persons who may be affected, (iii) the work and all materials

and equipment to be incorporated, (iv)other property at the site or in the vicinity thereof.

b. The contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of

any public authority having jurisdiction for the safety of persons or property or to protect them

from damage, injury or loss. He shall erect and maintain, as required by existing conditions and

progress of the work, all reasonable safeguards for safety and protection including posting danger

signs and other warnings against hazards, promulgating safety regulations, and notifying owners

and users of adjacent utilities.

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25. Royalties and Patents

The contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of

any patent rights and shall save the County and engineer harmless from all loss, expense and damage

including attorneys' fees, on account thereof, except the County shall be responsible for all such loss when

a particular process or the product of a particular manufacturer or manufacturers is specified; but if the

contractor has information that the process or article specified is an infringement of a patent, he shall be

responsible for such loss unless he promptly gives notice to the County and engineer.

26. Permits and Regulations

a. Permits, licenses and all certificates for inspection that may be required by the authorities for each

contractor's particular work shall be secured and paid for by the contractor unless specified

otherwise in the SPECIAL CONDITIONS.

b. The contractor shall give all notices and comply with all laws, ordinances, rules and regulations

bearing on t he conduct of the work as drawn and specified. If the contractor observes that the

drawings and specifications are at variance therewith, he shall promptly notify the engineer in

writing, and any necessary changes shall be adjusted. If the contractor performs any work knowing

it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the

engineer, he shall bear all costs arising wherefrom and shall save the County harmless from any

fines, or loss arising in connection therewith.

c. Contractors must provide receipts indicating th at a ll d emolition materials f rom th e demolition

project have been disposed of at the approved landfill site. Failure to dispose of all demolition

project debris at an approved PA DER landfill site will be deemed as just reason to terminate this

contract.

27. Other Contracts

The County may award other contracts for additional work, and the contractor shall fully cooperate with

such other contractors and carefully fit his own work to that provided under other contracts. The contractor

shall not commit or permit any act, which will i nterfere w ith the performance of w ork by any ot her

contractor. If any part of the contractor's work depends for proper execution or results upon the work of

any other contractor, the contractor shall inspect and promptly report to the engineer in writing any defects

in such work that makes it unsuitable for such proper execution and results. If he fails to so inspect and

report such defects, it shall constitute his acceptance of the other contractor's work as fit and proper for the

execution of hi s w ork, e xcept s uch de fects t hat m ay de velop in the other contractor's work after the

execution of his work. To insure the execution of his work, the contractor shall measure work already in

place and shall report at once to the engineer any discrepancy between the executed work and the drawings.

28. Mutual Responsibility of Contractors

If the contractor should cause damage to any separate contractor on the work, the contractor agrees upon

due notice to settle with such contractor by agreement or arbitration if he will so settle. If such separate

contractor commences arbitration or suit against the County on account of any damage alleged to have been

so sustained, the County shall notify the contractor, who shall defend such proceedings at his own expense

and, if any judgment against the County shall arise wherefrom, the contractor shall pay or satisfy it and pay

all costs incurred by the County.

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29. Use of Premises (By Contractor)

The contractor shall confine his apparatus, the storage of materials and the operations of his workmen to

limits indicated by law, ordinances, permits or the contract documents and shall not unreasonably encumber

the premises with his materials or equipment.

The contractor shall not load or permit any part of any structure to be loaded with a weight, or cause

pressures or stresses, which will endanger its safety.

The contractor shall not, at any time, store materials or equipment on any of the existing roadways nor shall

he perform any construction ope ration or w ork on a ny of t he e xisting r oadways unl ess i t i s de emed

necessary for construction by the engineer.

The contractor shall conduct his hauling operations in such a manner as not to unduly interfere with traffic.

At points where the contractor's equipment or trucks enter, leave or cross existing pavements, he shall erect

and maintain suitable signs and warning devices. If the engineer so orders, the contractor shall station

flagmen at such points.

30. Responsibility and Risk

The contractor shall assume all risk and bear any loss or injury to property or persons occasioned by neglect

or accident during the progress of work, until the same shall have been completed and accepted by the

County. He shall also assume all blame or loss by reason of neglect or violation of any state law or local

ordinance, or encroachment upon neighbors. He shall make good any injury that may have occurred to any

adjoining building in consequence of the erection of this work or during its progress.

31. County's Right to Terminate Contract

If (a) the contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or (b) a

receiver or liquidator shall be appointed for the contractor or for any of his property and shall not be

dismissed within 20 days after such appointment, or the proceeding in connection therewith shall not be

stayed on a ppeal within the said 20 da ys, or (c) the contractor shall refuse or fail, to provide enough

properly skilled workmen or proper materials, or (d) the contractor shall refuse or fail to prosecute the work

or any part thereof with such diligence as will insure its completion within the period herein specified (or

any duly authorized extension, thereof) or shall fail to complete the work within said period, or (e) the

contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or (f) the

contractor shall fail or refuse to regard laws, ordinances or the instructions of the engineer, or otherwise be

guilty of a substantial violation of any provision of this contract, then, in any such event, the County,

without prejudice to any other rights or remedy it may have, within ten (10) days' notice to the contractor,

terminate the employment of the contractor and his right to proceed, either as to the entire work or (at the

option of the County) as to any portion thereof as to w hich delay shall have occurred, and may take

possession of the work and complete the work by contract or otherwise, as the County may deem expedient.

In such case, the contractor shall not be entitled to receive any further payment until the work is finished. If

the unpaid balance of the compensation to be paid the contractor hereunder shall exceed the expense of so

completing the work (including compensation for additional managerial, administrative and inspection

services and any damages for delay) such excess shall be paid to the contractor. If such expense shall

exceed such unpaid balance, the contractor and his sureties shall be liable to the County for such excess.

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32. Contractor's Right to Stop Work or Terminate Contract

If the work shall be stopped by order of the Court or any other public authority for a period of ninety (90)

days without act or fault of the contractor or any of his agents, servants, employees or subcontractors, the

contractor may, upon ten (10) days' notice to the County, terminate the contract, in which event the County

shall pay for all work completed and any expense sustained, plus a reasonable profit.

33. Method of Payment

On l ump s um contracts ( and on uni t price c ontracts if s o di rected) t he contractor shall submit to the

engineer for approval, immediately following the receipt of an executed copy of the Agreement, a schedule

of work which will consist of an itemized breakdown on a ll items of work to be performed under the

contract with the quantities in applicable units as square feet, square yards, cubic yards, linear feet, tons, on

each, and unit prices thereof arranged in order in which the contractor proposes to carry on the work. Unit

prices shall include all l abor, m aterials, e quipment, ov erhead a nd pr ofit a nd s hall be t he s um t otal

compensation payable for such items of work. Attached to this schedule and as a part thereof shall be a

construction schedule which will give the contemplated dates for the start, progress and completion of the

major items of work to be performed under this contract.

The contractor shall, between the first and fourth day of each month, submit to the engineer a statement in

detail showing the amount of work performed in the preceding month. Months shall end on the calendar

day specified by the engineer which day shall be established to provide an orderly sequence of approval by

the engineer and County of the statement submitted. Approval shall be made on the valuation of work

performed based on the "Schedule of "work" approved by the engineer or on unit prices, whichever is

applicable. Payments shall be m ade on t he ba sis of ni nety pe rcent ( 90%) o f t he a pproved m onthly

statement.

The County may withhold or, on account of subsequently discovered evidence, nullify the whole or a part

of any certificate to such extent as may be necessary to protect:

a. Defective work not remedied.

b. Claims filed or reasonable evidence indicating probable filing of claims.

c. A reasonable doubt that the contract can be completed for the current unpaid balance.

d. Correction or completion of work by the County.

e. Failure of the contractor to make payments for replacement of surveys, lines and grades.

Payments shall be made of amounts withheld when the above grounds have been removed.

No certificate given on payment made under this contract, except the final certificate on final payment, shall

be conclusive evidence of the performance of this contract, either wholly or in part, and that no payments

shall be construed to be an acceptance of defective work or improper materials.

Upon the completion of all work whatsoever required on t he contract and after such time as may be

required for the engineer to determine final quantities, the engineer shall file a written certificate with the

County and with the contractor as to the entire amount of work performed and the compensation earned by

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the contractor, including extra work and compensation therefore. Within thirty (30) days after the filing of

such certificate of completion, the County shall pay to the contractor the amount therein stated, less all prior

payments and advances whatsoever to or for the account of the contractor. All prior estimates and payments

including those related to extra work, shall be subject to correction by this payment, which is throughout

this contract called Final Payment.

34. Estimate of Quantities

The estimated quantities of work to be done and materials to be furnished under this contract, shown in the

contract documents a nd t he pr oposal, a re g iven onl y f or us e i n c omparing bi ds a nd t o i ndicate

approximately the total amount of the contract, and the right is especially reserved to increase or diminish

them as m ay b e d eemed r easonably n ecessary o r d esirable b y t he C ounty t o co mplete t he w ork

contemplated by this contract, and such increase or diminution shall not give cause for claims of liability

for damages.

The County and t he engineer do not expressly or by implication assume any r esponsibility th at th e

quantities s hall obt ain s trictly i n t he c onstruction of t he pr oject, nor shall the contractor plead

misunderstanding or deception because of such estimate of quantities or of the character of the work

location or other conditions pertaining thereto.

35. Subsurface Conditions - Contractor's Representative

a. General

By executing the contract, the contractor represents that he has visited the site, familiarized himself

with t he l ocation c onditions unde r w hich t he work i s t o be pe rformed and correlated his

observation with the requirements of the specifications.

b. Subsurface Conditions

The contractor further represents that he understands that subsurface information has been obtained

for t he p roject fo r en gineering design pur poses. This i nformation has also been used in the

preparation of estimates of quantities for bidding purposes. However, it is the obligation of the

contractor to make his own investigation of subsurface conditions prior to submitting his proposal.

The contractor has reviewed all available subsurface information, including but not limited to,

boring logs, core recovery, test results and soils reports. The contractor's review has been in great

detail through qualified and experienced representatives.

The determination of subsurface materials and conditions to be encountered is a matter of judgment

and opinion. All of the information available to the County and the engineer is available to the

contractor upon request.

36. Unexpected Subsurface Conditions

The contractor will promptly notify the County and engineer in writing of any subsurface or latent physical

conditions at the site differing materially from those indicated in the contract documents. The engineer will

promptly investigate those conditions and advise the County in writing if further surveys or subsurface tests

are necessary. Promptly thereafter, the County will obtain the necessary additional surveys and tests and

furnish copies to the engineer and the contractor. If the engineer finds that the results of such surveys or

tests indicate subsurface or latent physical conditions differing significantly from those indicated in the

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contract documents, a change order shall be issued incorporating the necessary revisions.

37. Changes and Alterations

a. The County or engineer may make such minor changes in the drawings as are deemed necessary by

them to complete more fully the project or any part thereof, provided that they are of a character as

not to affect materially the cost of the work involved.

b. The contract documents may be modified and changed from time to time in a manner not materially

affecting the substance thereof, if such changes are necessary to carry out and complete the work

agreed to be done and performed. In the event the County orders a change in the work, and the

estimated cost of the work covered by such change, is equal to or greater than twenty-five percent

(25%) of the total bid listed in the proposal of the total contract sum set out in the agreement, and if

such change materially increases the cost of the work, the increased expense will be paid by the

County. If such change diminishes the cost of the work, the amount of said diminution may be

retained by the County. No consequent loss or anticipated profit on work not executed will be paid

to the contractor.

c. The contractor shall do such additional work other than that designated by the contract documents

as m ay be or dered i n w riting by t he C ounty, t o c omplete fully the work as planned and

contemplated. No claim for an addition to the contract sum shall be valid unless so ordered in

writing. Where the work is of such character as provided in (a) above, the contractor will receive in

full payment for such additional work the unit prices shown in the contract, and in the same manner

as if such has been included in the original contract. Any work for which there is no quantity and

unit price in the contract, and additional work as provided in (b) above, will be done at a price to be

agreed upon previously in writing by the contractor and the engineer and approved by the County.

Where a unit price or lump sum cannot be agreed upon by both parties or where this method of

payment is impracticable, the County may order the contractor to do such additional work on a

"force-account" basis.

d. Force-Account Work: All additional work done on a "force-account" basis shall be paid for as

follows:

Actual net cost in money to the contractor of the materials and of the wages of applied labor

(including premiums for Workmen's Compensation Insurance), required for such changes and

alterations, plus such rental for plant and equipment (other than small tools) required and approved

for such changes and alterations, plus twenty percent (20%) of the cost of materials and labor as

compensation f or a ll ot her items of pr ofit a nd c osts or e xpenses, i ncluding administration,

overhead, superintendence, insurance (other than Workmen's Compensation Insurance), materials

used in temporary structures, allowances made by the contractor to the subcontractors, additional

premiums upon t he Performance Bond of the contractor and use of small tools. The provision

hereof shall not affect the power of the contractor to act in case of emergency as herein provided.

The County shall have the right to examine the books and records of the contractor relative to the

cost figures in the work referred to above. Equipment rental rates shall be negotiated prior to the

commencement of the work.

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38. County's Right to Occupy Works

The right to occupy the whole or any portion of the works at any time prior to completion of the contract is

reserved by the County. In case of said occupation of the works, the contractor shall proceed with the

completion of the contract in such a manner as to cause the least possible interference with the County's

employees, or others having business on the works.

The installation of equipment or work under other contracts shall not be interpreted as occupation of the

works.

39. Delays and Extension of Time

If the contractor is delayed at any time in the progress of the work by any of the following, the time of

completion shall be extended for a reasonable time:

a. By any act or neglect of the County, its agents or employees.

b. By any separate contractor employed by the County.

c. By changes ordered in the work.

d. To unforeseeable cause beyond the control and without the fault of negligence of the contractor

including, but not r estricted t o, a cts of G od or of t he publ ic e nemy, fires, floods, epidemics,

quarantine restrictions, strikes, freight embargoes and unusually severe weather.

e. To any delays of subcontractors occasioned by any of the causes specified in the above items (a),

(b), (c) and (d).

Any claim for extension of time shall be made in writing to the County and engineer within seven (7)

days of the occurrence of the event giving rise to the claim.

40. Guarantee of Work

a. All work shall be guaranteed by the contractor against defects resulting from the use of inferior or

defective material, equipment, or workmanship for two (2) years from the date of final completion

of the contract, or from full occupancy of the project by the County, whichever is earlier.

b. If, within the guarantee period, repairs or changes are required in connection with guaranteed work

rendered necessary as the result of the use of materials, equipment or workmanship which are

inferior, defective, or not in accordance with the terms of the contract, the contractor, promptly

upon receipt of written notice and without expense t o t he C ounty, s hall pl ace i n s atisfactory

condition in every particular all such guaranteed work, correct all defects therein and make good, in

a reasonable manner, all damage to the project.

c. If the contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee,

the County may have the defects corrected and the contractor shall be liable for all expense

incurred.

d. All work covered by special guarantees applicable to definite parts of the work that may be

stipulated in the specifications or other papers forming a part of the contract shall nevertheless be

subject to the terms of this section during the life of such special guarantee.

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41. Indemnification

The contractor shall indemnify and save harmless the County and the engineer and their agents, officers and

employees from and against all claims, damages, losses, liability and expenses including attorney's fees

arising out of or resulting from the performance of the project, provided that any such claim, damage, loss,

liability or expense (a) is attributable to bodi ly injury, sickness, disease or death, or to i njury t o or

destruction of tangible property (other than the project itself) including the loss of use resulting there from

and (b) is caused in whole or in part by any negligent act or omission of the contractor, any subcontractor,

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

regardless of whether or not it is caused in part by a party indemnified hereunder.

In any and all claims against the County or the engineer or any of their agents, officers or employees by any

employee of the contractor and subcontractor, anyone directly or indirectly employed by any of them or

anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall

not be limited in any way by any limitation on the amount or type of damages, compensation or benefits

payable by or for the contractor or any subcontractor under Workmen's Compensation Acts, Disability

Benefit Acts or other Employee Benefit Acts.

The obligation of the contractor under this section shall not extend to the liability of the engineer, his

agents, officers or employees arising out of (a) the preparation or approval of maps, drawings, opinions,

reports, surveys, change orders, designs or specifications or (b) the giving of or the failure to give directions

or instructions by the engineer, his agents, officers or employees provided such giving or failure to give is

the primary cause of injury or damage.

42. Cleaning Up

The contractor shall at all times keep the premises free from accumulations of waste material or rubbish

caused by his employees or work, and at the completion of the work he shall remove all his rubbish from

and about the site and all his tools, equipment and surplus materials and shall leave his work broom-clean

or its equivalent, unless more exactly specified. In case of dispute, the County may remove the rubbish and

charge the cost to the contractor as the engineer shall determine to be just.

43. Uncorrected Work

If the County or engineer deems it inexpedient to correct work not done in accordance with the contract, an

equitable deduction from the contract price shall be made therefore.

44. Liens

Neither the final payment or any part of the retained percentage shall become due until the contractor, if

required, shall deliver to the County a complete release of all liens arising out of this contract, or receipts in

full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information

the releases and receipts include all the labor and material for which a lien could be filed; but the contractor

may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the

County, to indemnify him against any lien. If any lien remains unsatisfied after all payments are made, the

contractor shall refund to the County all monies that the latter may be compelled to pay in discharging such

a lien, including all costs and a reasonable attorney's fee.

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45. Contractor's Claim

Neither the contractor nor the surety shall be entitled to present any claim or claims to the County either

during the prosecution of the work or upon completion of the contract, for additional compensation for any

work performed which was not covered by the approved drawings, specifications, and/or contract, or for

any other cause, unless he shall give the County due notice of his intention to present such claims as

hereinafter designated. The written notice, as above required, must have been given to the County, with a

copy to the engineer, prior to the time the contractor shall have performed such work or that portion thereof

giving rise to the claim or claims for additional compensation; or shall have been given within ten (10) days

from the date the contractor was prevented, either directly or indirectly by the County or his authorized

representative, f rom performing any w ork provided by the contract, or within ten (10) days from the

happening of the event, thing or occurrence giving rise to the alleged claim.

46. Arbitration

All claims, disputes and other matters in question arising out of, or relating to, this contract or the breach

thereof, except for claims which have been waived by final payment in accordance with Section 48, shall be

decided by arbitration.

The Board of Arbitrators shall consist of three members. Each party shall appoint one arbitrator and shall

advise the other party thereof in writing, s ent by registered mail. Thereafter, a t hird member shall be

selected by the two so appointed.

The arbitrators shall proceed with diligence to hear the matter and the parties shall have a full opportunity

to present testimony. The award shall be made by the arbitrators, or a majority of them, and shall be binding

upon the parties, subject to appeal to the courts as provided by the laws of Pennsylvania.

The arbitrators shall fix their own compensation, unless otherwise provided by agreement, and shall assess

the costs and charges of the proceedings upon either or both parties. The contractor will carry on the work

and maintain the progress scheduled during any arbitration proceedings unless otherwise agreed by the

parties in writing.

47. Acceptance of Final Payment Constitutes Release

The acceptance by the contractor of the Final Payment shall be and shall operate as a release to the County

of all claims and of all liability to the contractor for all things done or furnished in connection with this

work a nd f or e very a ct a nd ne glect of t he C ounty a nd ot hers relating to or arising out of this work,

excepting the contractor's claims for interest upon the Final Payment, if this payment is improperly delayed.

No payment, however final or otherwise, shall operate to release the contractor or his sureties from any

obligation under this contract or the performance bond.

48. No Waiver of Legal Rights

The County or the engineer shall not be precluded or stopped by any erroneous measurements, estimate or

certificate, made or given by them, or any agent or employee of the County or engineer, under any

provision or provisions of the contract at any time, either before or after the completion and acceptance of

the work and payment therefore, from showing the true and correct amount and character of the work

performed a nd m aterials f urnished by t he c ontractor, or f rom s howing a t a ny tim e th at a ny s uch

measurement, estimate, or certificate is untrue or incorrectly made in any particular, or that the work or

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materials, or any part thereof do not conform in fact to the specifications and contract. The County shall

have the right to reject the whole or any part of the work or materials, should any measurements, estimates,

certificate, or payment be found or be known to be inconsistent with the terms of the contract, or otherwise

improperly given. The County shall not be precluded or stopped notwithstanding any such measurement,

estimated, cer tificate, o r p ayment i n acco rdance t herewith, f rom d emanding an d r ecovering from the

contractor and/or his surety such damages as it may sustain by reason of his failure to comply with the

terms of the specifications and contract, or on account of any overpayment or overpayments made on any

estimate or certificate. Neither the acceptance of the County, the engineer, or any agent or employee of the

County or engineer, nor any estimate or certificate by the engineer, for any payment of money, nor any

payment for, nor acceptance of the whole or any part of the work by the County or engineer, nor any

extension or remission of time, nor any possession taken by the County or its employees, shall operate as a

waiver of any portion of the contract of any power herein reserved by the County, or any right to damages

herein provided, nor shall any waiver of any breach of the contract be held to be a waiver of any other or

subsequent breach.

49. Liquidated Damages

The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such

rate of progress as will insure completion thereof within the time specified. It is expressly understood and

agreed, by and between the Contractor and Owner that the time for the completion of the work described

herein is reasonable, taking into consideration the average climatic conditions prevailing in this locality. If

the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, then

the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the

Owner the amount of $100.00 per day, not as a penalty but as liquidated damages for such breach of

Contract, for each and every consecutive calendar day, including Saturdays, Sundays, and Holidays, that the

Contractor shall be in default after time stipulated in the Contract for completing the work. The said amount

is fixed and agreed upon between the Contractor and Owner because of the impracticability and extreme

difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said

amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be

retained by the Owner from any payment(s) due to the Contractor.

To enforce the provisions under t his pa ragraph, t he O wner w ill uni laterally c onduct a r eview of t he

Contractors work progress taking into consideration Change Orders, increase/decrease of unit quantities,

revisions to work items, availability of material, etc. and any other information which the Contractor may

wish to submit. Should the unilateral review find that there were no justifiable cause for the delay(s) the

Owner shall impose the stipulated penalty in accordance with the provisions of this paragraph. Should the

review indicate that the delay(s) are caused by circumstances beyond the control of the Contractor then the

Owner shall grant a reasonable amount of time to the Contractor for the successful completion of the

project.

50. American Made Steel

The successful bidder/contractor for this project agrees to utilize "American Made Steel" as defined in PA

Act 1978-3, Steel Products Procurement Act, Section 6.

51. Electrical Service Specification

The successful bidder agrees that the electrical services to be performed for the County, under this contract,

shall be performed by a certified journeyman electrician or a certified residential wireman, and assisted by a

certified apprentice electrician, if necessary.

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Definitions:

a. "Journeyman Electrician" - Has four (4) or more years experience in the trade, and have

passed a journeyman wireman's examination, or h ave b een cer tified as a j ourneyman

wireman by a ny j oint a pprenticeship a nd t raining c ommittee, or by t he P ennsylvania

Apprenticeship and Training Council.

b. "Residential Wireman" - The same as a journeyman electrician, except he has two (2) years

experience.

c. "Apprentice Electrician" - Is registered with the National Joint Apprenticeship Registration

Agency, and the Pennsylvania Apprenticeship and Training Council.

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TABLE OF CONTENTS FOR

SUPPLEMENTAL GENERAL CONDITIONS

EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS .................................. SGC-1-8

CERTIFICATION OF NON-SEGREGATED FACILITIES ..................................... SGC-8

CIVIL RIGHTS ACT OF 1964 ................................................................................ SGC-8-9

SECTION 109 ............................................................................................................. SGC-9

SECTION 3 ............................................................................................................ SGC-9-10

CERTIFICATION OF COMPLIANCE WITH AIR & WATER ACTS .................. SGC-10

HAZARDS, SAFETY STANDARDS, & ACCIDENT PREVENTION ............. SGC-10-11

FEDERAL LABOR STANDARDS PROVISIONS ............................................ SGC-11-17

FEDERAL OCCUPATIONAL SAFETY & HEALTH ACTS ................................ SGC-17

ENVIRONMENTAL QUALITY CONTROL ..................................................... SGC-17-18

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1. Equal Employment Opportunity Provisions

a. Activities a nd c ontracts

not

subject t o E xecutive O rder 11246, a s A mended. (Applicable to

federally assisted construction contracts and related subcontracts $10,000 and under).

During the performance of this contract, the contractor agrees as follows:

(1) In accordance to Title VII of the Civil Rights Act of 1964, as amended, the contractor shall

not discriminate against any employee or applicant for employment because of race, color,

religion, sex (including pregnancy), or national origin. The contractor shall take affirmative

action to ensure that applicants for employment are employed, and that employees are

treated during employment, without regard to their race, color, religion, sex, or national

origin. Such act ion shall include, b ut not b e limited to, th e f ollowing: e mployment,

upgrading, demotion, or transfer; recruitment or r ecruitment a dvertising; l ayoff or

termination; rates of pay or ot her forms of c ompensation; and selection for training,

including apprenticeship.

(2) The contractor shall post in conspicuous places, available to employees and applicants for

employment, notices to be provided by contracting officer setting forth the provisions of

this non-discrimination clause. The contractor shall state that all qualified applicants will

receive consideration f or employment without regard to race, c olor, religion, sex, or

national origin.

(3) Contractor shall incorporate foregoing requirements in all subcontracts.

b. Activities and contracts subject to Executive Order 11246, as Amended. (Applicable to federally

assisted construction contracts and related subcontracts $10,000 and under).

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment

because of race, color, religion, sex, or national origin. The contractor will take affirmative

action to ensure t hat ap plicants ar e em ployed, an d t hat em ployees ar e t reated d uring

employment, without regard to their race, color, religion, sex, or national origin. Such

action shall include, but not be limited to the following: employment, upgrading, demotion,

or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or

other forms of compensation; and selection for training, including apprenticeship. The

contractor agrees to post in conspicuous places, available to employees and applicants for

employment, notices to be provided setting forth the provisions of this non-discrimination

clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on

behalf of the contractor, state that all qualified applicants will receive consideration without

regard to race, color, religion, sex, or national origin.

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(3) The contractor will send to each labor union or representative of workers with which he

has a collective bargaining agreement or other contract or understanding, a notice to be

provided by the contract compliance officer advising the said labor union or worker's

representatives of the contractor's commitment under this section, and shall post copies of

the notice in conspicuous places available to employees and applicants for employment.

(4) The contractor will comply with all provisions of Executive Order 11246 of September 24,

1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The contractor will furnish all information and reports required by Executive Order 11246

of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or

pursuant t hereto, a nd w ill pe rmit a ccess t o hi s books , r ecords, a nd a ccounts by the

Department and t he S ecretary of L abor f or pur poses of i nvestigation t o a scertain

compliance with such rules, regulations, and others.

(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this

contract or with any of the said rules, regulations, or orders, this contract may be canceled,

terminated, or suspended in whole or in part and the contractor may be declared ineligible

for further government contracts in accordance with procedures authorized in Executive

Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of

Labor, or as otherwise provided by law.

(7) The c ontractor w ill i nclude t he pr ovisions of paragraphs (1) t hrough ( 7) i n ev ery

subcontract or pur chase or der unl ess e xempted by r ules, r egulations, or orders of the

Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September

24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The

contractor will take such action with respect to any subcontract or purchase order as the

Department may direct as a means of enforcing such provisions, including sanctions for

non-compliance. Provided, however, that in the event a contractor becomes involved in, or

is threatened with, litigation with a subcontractor or vendor as a result of such direction by

the Department, the contractor may request the United States to enter into such litigation to

protect the interest of the United States.

c. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity Executive

Order 11246). (Applicable to contracts/subcontracts exceeding $10,000).

(1) The offertory’s or bidder's attention is called to the "Equal Opportunity Clause" and the

"Standard Federal Equal Employment Opportunity Construction Contract Specifications"

set forth herein.

(2) The goals and timetables for minority and female participation, expressed in percentage

terms for the contractor's aggregate work force in each trade on all construction work in the

covered area, are as follows:

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Covered Group

Timetables

Goals

Women

From 4/1/82 until further notice

6.9%

All Other Minorities From 4/1/81 until

further notice

6.3%

These goals are applicable to all the contractor's construction work (whether or not it is

federal or federally assisted) performed in the covered area. The contractor's compliance

with t he E xecutive O rder a nd r egulations i n 41 C FR P art 60 -4 shall be based on its

implementation of the Equal Opportunity Clause, specific affirmative action obligations

required by the specifications set forth in 41 C FR 60-4.3(a), and its efforts to meet the

goals established for the g eographical ar ea w here t he co ntract r esulting f rom t his

solicitation is to be performed.

The hours of minority and female employment and training must be substantially uniform

throughout the length of the contract, and in each trade, and the contractor shall make a

good faith effort to employ minorities and women evenly on e ach of its projects. The

transfer of minority or female employees or trainees from contractor to contractor or from

project to project for the sole purpose of meeting the contractor's goals shall be a violation

of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance

with the goals will be measured against the total work hours performed.

(3) The contractor shall provide written notification to the Director of the Office of Federal

Contract Co mpliance P rograms w ithin 10 working days of award of any construction

subcontract in excess of $10, 000 at any tier for c onstruction work unde r t he c ontract

resulting from this solicitation. The notification shall list the name, address and telephone

number of the subcontractor; employer identification number; estimated dollar amount of

the s ubcontract; e stimated s tarting a nd c ompletion da tes of the subcontract; and the

geographical area in which the contract is to be performed.

(4) As used in this notice, and in the contract resulting from this solicitation, the "covered

area" is: Beaver County.

d. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive

Order 11246).

(1) As used in these specifications:

(a) "Covered Area" means the geographical area described in the solicitation from

which this contract resulted;

(b) "Director" means Director, Office of Federal Contract Compliance Programs,

United S tates D epartment of L abor, or a ny pe rson t o w hom t he D irector de legates

authority;

on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

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(d) "Minority" includes:

Black (all persons having origins in any of the Black African racial groups not of Hispanic

origin;

Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or

other Spanish culture or origin, regardless of race);

Asian and Pacific Islander (all persons having origins in any of the original peoples of the

Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

American Indian or Alaskan N ative ( all persons ha ving or igins in any of the original

peoples o f N orth A merica a nd m aintaining id entifiable tribal affiliations through

membership and participation or community identification).

(2) Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the

work involving any construction trade, it shall physically include in each subcontract in

excess of $10,000 the provisions of these specifications and the notice which contains the

applicable g oals f or m inority a nd f emale pa rticipation a nd w hich i s s et forth in the

solicitations from which this contract resulted.

(3) If the contractor is participating (pursuant to 41 CFR 60-4.5) in the Hometown Plan

approved by the U .S. D epartment of L abor i n t he c overed a rea e ither i ndividually or

through a n a ssociation, i ts a ffirmative a ction obligations on a ll w ork in the plan area

(including goals and timetables) shall be in accordance with that plan for those trades

which have unions participating in the plan. Contractors must be able to demonstrate their

participation in and compliance with the provisions of any such Hometown Plan. Each

contractor or subcontractor participating in an approved plan is individually required to

comply with its obligations under the EEO Clause, and to make a good faith effort to

achieve each goal under the plan in each trade in which it has employees.

The overall good faith performance by other contractors or subcontractors toward a goal in

an approved plan does not excuse any covered contractor's or subcontractor's failure to

make good faith efforts to achieve the plans and goals and timetables.

(4) The co ntractor s hall i mplement the s pecific af firmative action s tandards pr ovided i n

paragraphs (8) (a) through (q) of these specifications. The goals set forth in the solicitation

from which this c ontract r esulted a re e xpressed a s pe rcentages of t he t otal hour s of

employment a nd t raining of m inority and female utilization th e c ontractor s hould

reasonably be able to achieve in each construction trade in which it has employees in the

covered area. The contractor is expected to make substantially uniform progress toward its

goals in each craft during the period specified.

(5) Neither the provisions of any collective bargaining agreement, nor the failure by a union

with whom the contractor has a collective bargaining agreement, to refer either minorities

or women shall excuse the contractor's obligations under these specifications, Executive

Order 11246, or the regulations promulgated pursuant thereto.

(6) In order for the nonworking training hours of apprentices and trainees to be counted in

meeting the goals, such apprentices and trainees must be employed by the contractor during

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the training period, and the contractor must have made a commitment to employ the

apprentices and trainees at the completion of their training, subject to the availability of

employment oppor tunities. Trainees m ust be t rained pur suant t o training programs

approved by the U.S. Department of Labor.

(7) The contractor shall take specific af firmative act ions t o en sure eq ual em ployment

opportunity. The evaluation of the contractor's compliance with these specifications shall

be based upon its effort to achieve maximum results from its actions. The contractor shall

document th ese e fforts f ully, a nd s hall im plement a ffirmative a ction s teps a t le ast a s

extensive as the following:

(a) Ensure and maintain a working environment free of harassment, intimidation, and

coercion at all sites, and in all facilities at which the contractor's employees are

assigned to work. The contractor, where possible, will assign two or more women

to e ach c onstruction pr oject. The co ntractor s hall s pecifically en sure t hat all

foremen, superintendents, and other on-site supervisory personnel are aware of and

carry out the contractor's obligation to maintain such a working environment, with

specific attention to minority or female individuals working at such sites or in such

facilities.

(b) Establish and maintain a current list of minority and female recruitment sources,

provide written notification to minority and female recruitment sources and to

community organizations when the contractor or its unions have employment

opportunities available, and maintain a record of the organizations' responses.

minority and female off-the-street applicant and minority or female referral from a

union, a recruitment source or community organization and of what action was

taken with respect to each such individual. If such individual was sent to a union

hiring hall for referral and was not referred back to the contractor by the union or,

if referred, not employed by the contractor, this shall be documented in the file

with the reason therefore; along with whatever additional actions the contractor

may have taken.

(d) Provide immediate written notification to the Director when the union or unions

with which the contractor has a collective bargaining agreement has not referred to

the contractor a minority person or woman sent by the contractor, or when the

contractor has other information that the union referral process has impeded the

contractor's efforts to meet its obligations.

(e) Develop on-the-job training opportunities and/or participate in training programs

for the area which expressly include minorities and women, including upgrading

programs and apprenticeship and trainee pr ograms relevant t o t he c ontractor's

employment needs, especially those programs f unded or a pproved by t he

Department of Labor. The contractor shall provide notice of these programs to the

sources compiled above.

(f) Disseminate t he c ontractor's E EO pol icy by pr oviding notice of the policy to

unions and training programs and r equesting their cooperation in assisting the

contractor in meeting its EEO obligations; by including it in any policy manual and

collective bargaining ag reement; b y p ublicizing i t i n t he co mpany n ewspaper,

annual report, etc.; by specific review of the policy with all management personnel

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and with all minority and female employees at least once a year; and by posting the

company EEO policy o n b ulletin b oards accessible t o al l em ployees at each

location where construction work is performed.

(g) Review, a t l east an nually, t he co mpany's E EO p olicy an d affirmative action

obligations under these specifications with all employees having any responsibility

for hiring, assignment, layoff, termination or other employment decisions including

specific r eview o f these items w ith o n-site s upervisory pe rsonnel s uch a s

superintendents, general foreman, etc., prior to the initiation of construction work

at any job site. A written record shall be made and maintained identifying the time

and p lace o f t hese m eetings, p ersons attending, subject matter discussed, and

disposition of the subject matter.

(h) Disseminate the contractor's E EO p olicy e xternally b y in cluding it in a ny

advertising in the news media, specifically including minority and female news

media, and providing written notification to and discussing the contractor's EEO

policy with other contractors and subcontractors with whom the contractor does or

anticipates doing business.

(i) Direct its r ecruitment e fforts, b oth o ral a nd written, to minority, female and

community organizations, to schools with minority and female students and to

minority f emale r ecruitment a nd training o rganizations serving the contractor's

recruitment area and employment needs. No later than one month prior to the date

for the acceptance of applications for apprenticeship or other training by any

recruitment source, the contractor shall send written notification to organizations

such as the above describing the openings, screening procedures, and tests to be

used in the selection process.

(j) Encourage present m inority a nd f emale e mployees t o recruit other minority

persons and women and, where reasonable, pr ovide after school, summer a nd

vacation employment to minority and female youth both on the site and in other

areas of a contractor's work force.

(k) Validate all tests and other selection requirements where there is an obligation to

do so under 41 CFR Part 60-a3.

(l) Conduct, at least annually, an inventory and evaluation at least of all minority and

female personnel for promotional opportunities and encourage these employees to

seek or prepare for, through appropriate training, etc., such opportunities.

(m) Ensure that seniority practices, job classifications, work assignments and other

personnel practices, do not have a discriminatory effect by continually monitoring

all personnel and employment related activities to ensure that the EEO policy and

the contractor’s obligations under these specifications are being carried out.

(n) Ensure that all facilities and company activities are non-segregated except that

separate or single-user toilet and necessary changing facilities shall be provided to

assure privacy between the sexes.

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(o) Document and maintain a record of all solicitations of offers for subcontracts from

minority and female construction contractors and suppliers, including circulation

of solicitations to minority and female contractor associations and other business

associations.

(p) Conduct a review, at least annually, o f al l s upervisors' ad herence t o an d

performance unde r t he c ontractor's E EO pol icies a nd a ffirmative a ction

obligations.

(q) Covered construction contractors performing contracts in geographical areas where

they do not have a federal or federally assisted construction contract shall apply to

the minority and female goals established for the geographical ar ea w here the

contract i s be ing pe rformed. Goals a re publ ished pe riodically i n t he F ederal

Federal Contract Compliance Programs o ffice o r f rom f ederal p rocurement

contracting officers.

(8) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or

more o f t heir a ffirmative a ction o bligations ( 8) ( a) through ( q). The ef forts o f a contractor

association, joint contractor-union, contractor-community, or other similar group of which the

contractor is a member and participant, may be asserted as fulfilling any one or more of its

obligations under (8) (a) through (q) of these specifications provided that the contractor actively

participates in the group, makes every effort to assure that the group has a positive impact on the

employment of minorities and women in the industry, ensures that the concrete benefits of the

program are reflected in the contractor's minority and female work force participation, makes a

good f aith e ffort t o m eet i ts i ndividual g oals a nd t imetables, a nd c an provide access to

documentation which demonstrates the effectiveness of actions taken on behalf of the contractor.

The obligation shall not be a defense of the contractor's non-compliance.

(9) A single goal for minorities and a s eparate single goal for women have b een established. The

contractor, however, is required to provide equal employment opportunity and to take affirmative

action for all minority groups, both male and female, and all women, both minority and non-

minority. Consequently, the contractor may be in violation of the Executive Order if a particular

group is employed in a substantially desperate manner (for example, even though the contractor has

achieved its goals for women generally, the contractor may be in violation of the Executive Order if

a specific group of women is under-utilized).

(10) The contractor shall not use the goals and timetables or affirmative action standards to discriminate

against any person because of race, color, religion, sex, or national origin.

(11) The contractor shall not e nter i nto a ny s ubcontract w ith a ny pe rson or f irm de barred f rom

government contracts pursuant to Executive Order 11246.

(12) The contractor shall carry out such sanctions and penalties for violation of these specifications and

of the Equal Opportunity Clause, including suspension, termination and cancellation of existing

subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its

implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor

who fails to carry out such sanctions and penalties shall be in violation of these specifications and

Executive Order 11246, as amended.

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(13) The contractor, in fulfilling its obligations under these specifications, shall implement specific

affirmative action steps, at least as extensive as those standards prescribed in paragraph (8) of these

specifications, as t o ach ieve m aximum r esults f rom i ts ef forts t o e nsure e qual e mployment

opportunity. If the contractor fails to comply with the requirements of the Executive Order, the

implementing regulations, or these specifications, the Director shall proceed in accordance with 41

CFR 60-4.8.

(14) The contractor shall designate a responsible official to monitor all employment related activity to

ensure t hat t he c ompany E EO pol icy i s be ing c arried out , t o submit reports relating to the

provisions hereof as may be required by the government and to keep records. Records shall at least

include f or e ach employee the name, address, t elephone numbers, construction trade, union

affiliation if any, employee identification number when assigned, social security number, race, sex,

status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours

worked per w eek i n t he i ndicated t rade, r ate of pa y, a nd l ocations a t w hich t he w ork w as

performed. Records shall be maintained in an easily understandable and retrievable form; however,

to the degree that existing records satisfy this requirement, contractors shall not be required to

maintain separate records.

(15) Nothing herein provided shall be construed as a limitation upon t he application of other laws,

which establish different standards of compliance or upon the application of requirements for the

hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977

and the Community Development Block Grant Program).

2. Certification of Non-segregated Facilities (Over $10,000)

a. By the submission of this bid, the bidder, offeror applicant or subcontractor certifies that she/he

does not maintain or provide f or hi s/her e mployees a ny s egregated f acility a t a ny of hi s/her

establishments, and that she/he does not permit employees to perform their services at any location,

under his/her control, where segregated facilities are maintained. She/he certifies further that she/he

will n ot m aintain o r p rovide f or e mployees a ny s egregated f acilities a t any of his/her

establishments, and she/he shall not permit employees to perform their services at any location

under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or

subcontractor agrees that a b reach of this certification is a v iolation of the Equal Opportunity

Clause of this contract. As used in this certification, the term "segregated facilities" means any

waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time

clocks, locker rooms, and other storage or dressing area, *transportation and housing facilities

provided for employees which are segregated by explicit directive or are in fact segregated on the

basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. She/he

further ag rees that (except w here s he/he has o btained identical certifications from proposed

subcontractors for specific time periods) she/he will obtain identical certification from proposed

subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from

the provisions of the Equal Opportunity Clause; that she/he will retain such certifications in his/her

files; that she/he will forward the following notice to such proposed subcontractors (except where

proposed subcontractors have submitted identical certifications for specific time periods).

3. Civil Rights Act of 1964

a. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or

national origin, be excluded from participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity receiving federal financial assistance.

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4. Section 109 of the Housing and Community Development Act of 1974.

a. No person in the United S tates shall on t he grounds of race, c olor, national origin, or sex be

excluded from participation in, be denied the benefits of, or be subjected to discrimination under

any program or activity funded in whole or part with funds made available under this title.

5. Section 3

a. The work to be performed under this contract is subject to the requirements of Section 3 of the

Housing and Urban Development Act of 1968, as amended. 12 U.S.C. 1701u (Section 3).

The purpose of Section 3 is to ensure that employment and other economic opportunities generated

by HUD a ssistance or HUD-assisted projects covered by Section 3 shall to the greatest extent

feasible be directed to low and very low income persons, particularly persons who are recipients of

HUD assistance for housing.

b. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which

implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify

that they are under no contractual or other impediment that would prevent them from complying with

the part 135 regulations.

c. The contractor agrees to send to each labor organization or representative of workers with which

the contractor has a collective bargaining agreement or other understanding, if any, a notice advising

the labor organization or workers' representative of the contractors commitments under this Section 3

clause and will post copies of the notice in conspicuous places at the work site where both employees

and applicants for training and employment positions can see the notice. The notice shall describe the

Section 3 pr eference, shall set forth minimum number and job titles subject to hire, availability of

apprenticeship and training positions, the qualifications for each; and the name and location of the

person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

d. The contractor will include this Section 3 Clause in every subcontract subject to compliance with

regulations in 24 C FR part 135, and agrees to take appropriate action as provided in an applicable

provision of the subcontract or in this Section 3 c lause, upon a finding that the subcontractor is in

violation of t he r egulations i n 24 C FR pa rt 135. The c ontractor w ill not s ubcontract w ith any

subcontractor where the subcontractor has notice or knowledge that the subcontractor has been found

in violation of the regulations in 24 CFR part 135.

e. The contractor will certify that any vacant employment positions, including training positions, that

are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons

other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be

directed were not filled to circumvent the contractor's obligations under 24 CFR part 135.

f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of

this contract for default, and debarment or suspension from future HUD assisted contracts.

g. With respect to work performed in connection with Section 3 covered Indian Housing Assistance,

Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also

applies to the work to be performed under this contract.

Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training

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and employment shall be given to Indians, and (ii) preference in the award of contracts and

subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.

Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to

comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with

Section 7(b).

6. Certification of Compliance with Air and Water Acts

(Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000)

a. Compliance with Air and Water Acts During the performance of this contract, the contractor and

all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC

1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the

regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as

amended.

In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the

owner the following:

(1) A stipulation by the contractor o r subcontractors, that any facility to be utilized in the

performance of any nonexempt contract or subcontract, is not listed on the List of Violating

Facilities issued by the Environmental Protection Agency (EPA pursuant to 40 CFR 15.20.

(2) Agreement by the contractor to comply with all requirements of Section 114 of the Clean

Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution

Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports

and information, as well as all other requirements specified in said Section 114 and Section

308, and all regulations and guidelines issued there under.A stipulation that as a condition

for the award of the contract, prompt notice will be given of any notification received from

the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be

utilized for the contract, is under consideration to be listed on the EPA List of Violating

Facilities.

(3) Agreement by the contractor that he will include, or cause to be included, the criteria and

requirements in paragraph (1) through (4) of this section in every non-exempt subcontract

and requiring that the contractor will take such action as the government may direct as a

means of enforcing such provisions.

7. Hazards, Safety Standards, and Accident Prevention

a. Lead-Based Paint Hazards (Applicable to contracts for construction rehabilitation of residential

structures)

(1) The construction or rehabilitation of residential structures is subject to the HUD Lead-

Based Paint regulations, 24 CFR Part 35. The contractor and subcontractors shall comply

with the provisions, as amended for the elimination of lead-base paint hazards under sub-

part B o f s aid r egulations. The County w ill be r esponsible f or t he i nspections a nd

certifications required under Section 34.14(f) thereof.

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b. Use of Explosives

(1) When the use of explosives is necessary for the prosecution of the work, the contractor

shall observe all local, state and federal laws in purchasing and handling explosives. The

contractor s hall take a ll ne cessary pr ecaution t o pr otect c ompleted w ork, neighboring

property, water lines, or other underground structures. Where there is danger to structures

or property from blasting, the charges shall be reduced and the material shall be covered

with suitable timber, steel or rope mats. The contractor shall notify all owners of public

utility property of intention to use explosives at least eight hours before blasting is done,

close to such property. Any supervision or direction of use of explosives by the engineer

does not in any way reduce the responsibility of the contractor or his surety for damages

that may be caused by such use.

c. Danger Signals and Safety Devices

(1) The contractor shall take all necessary precautions to guard against damages to property

and injury to persons. He shall put up and maintain in good condition, sufficient red or

warning lights at night, suitable barricades an d o ther d evices n ecessary t o p rotect t he

public. In case the contractor fails or neglects to take such precautions, the County may

have such lights and barricades installed and charge the cost of this work to the contractor.

Such action by the County does not relieve the contractor of any liability incurred under

these specifications or contract.

8. Federal Labor Standards Provisions HUD-4010 (7-2003)

a. Applicability

The Project or Program to which the construction work covered by this contract pertains is being assisted

by the United States of America and the following Federal Labor Standards Provisions are included in this

Contract pursuant to the provisions applicable to such Federal assistance.

A. 1. (i) Minimum Wages.

All laborers and mechanics employed or working upon the site of the work will be paid uncondi-

tionally and not less often than once a week, and without subsequent deduction or rebate on any

account (except such payroll deductions as are permitted by regulations issued by the Secretary of

Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or

cash equivalents thereof) due at time of payment computed at rates not less than those contained in the

wage determination of the Secretary of Labor which is attached hereto and made a part hereof, re-

gardless of any contractual relationship which may be alleged to exist between the contractor and

such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits

under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to

such laborers or m echanics, s ubject t o t he pr ovisions of 29 C FR 5.5(a)(1)(iv); also, r egular

contributions made or costs incurred for more than a weekly period (but not less often than quarterly)

under plans, funds, or pr ograms, w hich c over t he pa rticular w eekly period, are deemed t o be

constructively made or incurred during such weekly period.

Such l aborers an d m echanics s hall b e p aid t he ap propriate w age r ate an d f ringe benefits on the wage

determination for the classification of work actually performed, without regard to skill, except as provided

in 2 9 CF R 5.5(a)(4). Laborers o r m echanics p erforming w ork i n more than one c lassification may be

compensated at the rate specified for each classification for the time actually worked therein: Provided

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that the employer’s payroll records accurately set forth the time spent in each classification in which

work is performed. The wage determination (including a ny additional classification an d w age r ates

conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times

by the contractor and its subcontractors at the site of the work in a prominent and accessible, place

where it can be easily seen by the workers.

(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be

employed under the contract shall be classified in conformance with the wage determination. HUD shall

approve an additional classification and wage rate and fringe benefits therefore only when the following

criteria have been met:

1. The w ork t o be pe rformed by t he c lassification r equested is not pe rformed by a

classification in the wage determination; and the classification is utilized in the area

by the construction industry; and

2. The pr oposed wage rate, i ncluding any bona fide f ringe benefits, bears a reasonable

relationship to the wage rates contained in the wage determination.

(b) If the contractor and the laborers and mechanics to be employed in the classification (if known),

or their representatives, and HUD or its designee agree on the classification and wage rate (including

the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by

HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards

Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an

authorized representative, will approve, modify, or disapprove every additional classification action within

30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day

period that additional time is necessary. (Approved by the Office of Management and Budget

under OMB control number 12150140.)

representatives, and HUD or its designee do not a gree on t he pr oposed c lassification and wage r ate

(including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the

questions, including the views of all interested parties and the recommendation of HUD or its designee, to

the Administrator f or d etermination. The Administrator, or an authorized representative, will issue a

determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee

within the 30-day period that additional time is necessary. (Approved by the Office of Management

and Budget under OMB Control Number 12150140.)

(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1) (ii)

(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this

contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics

includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as

stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent

thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may

consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated

in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has

found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have

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been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the

meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under

OMB Control Number 1215-0140.)

2. W ithholding. HUD or i ts de signee s hall upon i ts ow n a ction or upon w ritten r equest of a n a uthorized

representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or

any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-

Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued pay-

ments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,

trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the

contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed

or working on the site of the work, all or part of the wages required by the contract, HUD or its designee

may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to

cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD

or its designee may, after w ritten notice to the contractor, disburse such amounts withheld for and on

account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General

shall make such disbursements in the case of direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor

during the course of the work preserved for a period of three years thereafter for all laborers and mechanics

working at the site of the work. Such records shall contain the name, address, and social security number of each

such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs

anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l (b) (2) (B) of the

Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the

Secretary of Labor has found under 29 C FR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the

amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section

l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to

provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or

program has been communicated in writing to the laborers or mechanics affected, and records which show the costs

anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees

under a pproved pr ograms s hall m aintain w ritten e vidence of t he r egistration of a pprenticeship pr ograms and

certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates

prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control

Numbers 1215-0140 and 1215-0017.)

(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all

payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the

contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD

or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be

maintained under 29 CFR 5.5(a) (3) (i). This information may be submitted in any form desired. Optional Form

WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock

Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is

responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management

and Budget under OMB Control Number 1215-0149.)

(b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or

subcontractor or his or her agent who pays or supervises the payment of the persons employed under the

contract and shall certify the following:

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1. That the payroll for the payroll period contains the information required to be maintained under 29 CFR

5.5 (a)(3)(i) and that such information is correct and complete;

2. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract

during the payroll period has been paid the full weekly wages earned, without rebate, either directly or

indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,

other than permissible deductions as set forth in 29 CFR Part 3;

3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or

cash eq uivalents for t he c lassification of w ork pe rformed, a s s pecified i n t he a pplicable w age

determination incorporated into the contract.

WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph

A.3.(ii)(b).

(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or

criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for

inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of

Labor, and shall permit such representatives to interview employees during working hours on t he job. If the

contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee

may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause

the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required

records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR

5.12.

4. Apprentices and Trainees.

(i). Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they

performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program

registered w ith th e U.S. D epartment of Labor, E mployment and Training Administration, Office o f

Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the

Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an

apprenticeship program, who is not individually registered in the program, but who has been certified by the Office

of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to

be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the

ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a

payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be

paid not less than the applicable wage rate on the wage determination for the classification of work actually

performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the

registered program shall be paid not less than the applicable wage rate on the wage determination for the work

actually performed. Where a contractor is performing construction on a project in a locality other than that in which

its p rogram is r egistered, the r atios and w age rates (expressed in p ercentages o f t he j ourneyman’s h ourly r ate)

specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid

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at n ot le ss than the rate s pecified in the registered program for the apprentice’s level of progress,

expressed as a p ercentage o f the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the

apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits

listed on the wage determination for the applicable classification. If the Administrator determines that a different

practice prevails for the applicable apprentice cl assification, f ringes shall be paid in accordance with th at

determination. I n t he e vent t he O ffice of Apprenticeship Training, E mployer a nd L abor S ervices, or a State

Apprenticeship Agency recognized by t he O ffice, w ithdraws ap proval o f an apprenticeship pr ogram, t he

contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the

work performed until an acceptable program is approved.

(ii) T rainees. Except as pr ovided i n 29 C FR 5. 16, t rainees w ill not be permitted to work at less than the

predetermined rate for the work performed unless they are employed pursuant to and individually registered in a

program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,

Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than

permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at

not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage

of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in

accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,

trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of

the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding

journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.

Any employee listed on t he payroll at a t rainee rate that is not registered and participating in a training plan

approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the

wage determination for the work actually performed. In addition, any trainee performing work on the job site

in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate

on the wage determination for the work actually performed. In the event the Employment and Training

Administration withdraws approval of a training program, the contractor will no longer be permitted to u tilize

trainees at less than the applicable predetermined rate for the work performed until an acceptable program is

approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5

shall b e in conformity with the equal employment opportunity r equirements of Executive Order 11246, as

amended and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3

which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor will insert in any s ubcontracts t he clauses co ntained i n

subparagraphs 1 through 11 of t his pa ragraph A a nd s uch ot her c lauses a s H UD or its d esignee m ay b y

appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a

clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor

shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract

clauses in this paragraph.

7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination

of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon

and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract

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9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall

not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the

procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this

clause include disputes between the contractor (and any of its subcontractors) and HUD or its designee, the U.S.

Department of Labor, or the employees or their representatives.

10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or

she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded

Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD

contracts or participate in HUD programs pursuant to 24 CFR Part 24.

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government

contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or

participate in HUD programs pursuant to 24 CFR Part 24.

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,

U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration transactions”, provides in

part: “Whoever, for the purpose of . . . influencing in any way the action of such Administration makes, utters or

publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more

than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or

other labor standards provisions of this Contract are applicable shall be discharged or in any other manner

discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or

instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or

relating to the labor standards applicable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the

amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include

watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may

require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any

workweek in which he or she is employed on such work to work in excess of 40 hours in such work week unless such

laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours

worked in excess of 40 hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth

in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the

unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work

done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated

damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,

including watchmen and g uards, employed in violation of the clause set forth in subparagraph (1) of this

paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess

of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub

paragraph (1) of this paragraph.

(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon

written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from

any moneys payable on account of work performed by the contractor or subcontractor under any such contract or

any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the

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Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be

determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and

liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shall i nsert in any subcontracts t he c lauses s et f orth i n

subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these

clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any

subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this

paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract

exceeds $100,000.

(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are

unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and

health standards promulgated by the Secretary of Labor by regulation.

(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part

1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and

Safety Standards Act,

40 USC 3701 et seq.

The C ontractor s hall i nclude t he pr ovisions of t his pa ragraph in e very s ubcontract s o t hat s uch

provisions will be binding on each subcontractor. The Contractor shall take such action with respect to

any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall

direct as a means of enforcing such provisions.

9. Federal Occupational Safety and Health Acts

a. The contractor shall conform to the Requirements of the Federal Occupational Safety and Health

Act of 1970.

10. Environmental Quality Control

a. The contractor and his subcontractors shall perform their work in a manner which shall minimize

the possibility of air, water and land pollution.

b. The contractor shall comply with the regulations and standards of the Department of Environmental

Resources, Sanitary Water Board, W ater an d P ower R esources B oard an d S olid W aste

Management Act, al l as amended to date. All contractors will be s olely responsible for any

violations and shall be responsible for securing permits, when required.

c. The bidder shall thoroughly acquaint himself with the terms of the statutes, rules, and regulations

enumerated in this Special Conditions, and shall include in the bid prices all cost of complying with

the terms of the listed statutes, rules, and regulations. No separate or additional payment will be

made for such compliance. In the event that the listed statutes, rules and regulations are amended,

or if new statutes, rules or regulations become effective, which cause the contractor to perform

additional work, the engineer will issue a change order setting forth any additional work that must

be undertaken. This change order will not invalidate the contract. The change order will specify the

amount of additional payment, if any, that will be made to the contractor. No payment will be made

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for work performed without written authorization to do so.

d. The bidder shall determine what, if any, local ordinances, codes, and regulations apply to his work

and comply with all such ordinances, codes and regulations.

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