PROJECT MANUAL

ADA CURB RAMP IMPROVEMENTS

SOUTH HILLS AREA COUNCIL OF GOVERNMENTS

ON BEHALF OF THE BOROUGH OF BRENTWOOD

DATE OF ISSUANCE: JULY 9, 2026

SUBMISSION DEADLINE: JULY 30, 2026

CDBG Year 50: Brentwood Borough ADA Curb Ramps

Division Section Title Revised July 1, 2026

PROCUREMENT AND CONTRACTING DOCUMENTS GROUP

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

000101 PROJECT TITLE PAGE

000107 SEALS PAGE

001115 INVITATION TO BIDDERS

Attach 1 PUBLIC WORKS EMPLOYMENT VARIFICATION FORM

002113 INSTRUCTIONS TO BIDDERS

C-410 BID FORM

C-430 BID BOND

Attach 2 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

C-510 NOTICE OF AWARD

C-520 AGREEMENT

C-550 NOTICE TO PROCEED

Attach 3 CERTIFICATE OF LIABILITY INSURANCE

C-610 PERFORMANCE BOND

C-615 PAYMENT BOND

C-620 APPLICATION FOR PAYMENT

Attach 4 PREVAILING WAGE DETERMINATION

C-940 WORK CHANGE DIRECTIVE

C-941 CHANGE ORDER FORM

C-700 STANDARD GENERAL CONDITIONS

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

010000 GENERAL REQUIREMENTS

011000 SUMMARY

012200 UNIT PRICES

012500 SUBSTITUTION PROCEDURES

012600 CONTRACT MODIFICATION PROCEDURES

012900 PAYMENT PROCEDURES

013100 PROJECT MANAGEMENT AND COORDINATION

013200 CONSTRUCTION PROGRESS DOCUMENTATION

013233 PHOTOGRAPHIC DOCUMENTATION

013300 SUBMITTAL PROCEDURES

2024 Sidewalk Restoration Program

014000 QUALITY REQUIREMENTS

015639 TEMPORARY TREE AND PLANT PROTECTION

016000 PRODUCT REQUIREMENTS

017300 EXECUTION

017700 CLOSEOUT PROCEDURES

Facility Construction Subgroup

DIVISION 02 - EXISTING CONDITIONS

02751 CONCRETE PAVEMENT

Attachment 5 SIDEWALK SPECIFICATIONS Attachment 6 PENNDOT PUBLICATION 655

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

079200 JOINT SEALANTS

Site and Infrastructure Subgroup

DIVISION 31 - EARTHWORK

311000 SITE CLEARING

312000 EARTH MOVING

DIVISION 32 - EXTERIOR IMPROVEMENTS

321716 MANUFACTURED TRAFFIC-CALMING DEVICES

329200 TURF AND GRASSES

DIVISION 33 - UTILITIES

334200 STORMWATER CONVEYANCE

END OF TABLE OF CONTENTS

CDBG Year 50: Brentwood Borough ADA Curb Ramp Improvements

DOCUMENT 000101 - PROJECT TITLE PAGE

1.1 PROJECT MANUAL VOLUME NO. 1

A. PROJECT NAME: Brentwood Borough ADA Curb Ramp Improvements

B. PROJECT OWNER: Borough of Brentwood.

C. PROJECT OWNER LOCATION: Brentwood Borough (Pittsburgh, PA) 15227

D. PROJECT OWNER BUDGET CODE: 09-446.610

E. PROJECT OWNER PHONE NO.: 412-884-1500 X116

F. PROJECT ADMINISTRATOR: South Hills Area Council of Governments

G. PROJECT ADMINISTRATOR PHONE NO.: 412-429-1130

H. DATE OF ISSUANCE: July 9, 2026

END OF DOCUMENT 000101

DOCUMENT 000107 - SEALS PAGE

1.1 DESIGN PROFESSIONALS OF RECORD

A. Civil Engineer:

1. George Zboyovsky, PE

2. License # PE056313.

END OF DOCUMENT 000107

CDBG Year 50: Brentwood Borough ADA Curb Ramps

DOCUMENT 001115

END OF DOCUMENT 001115

{dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

ATTACHMENT 1

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _____________________

Business or Organization Name (Employer)_______________________________________________

Address ___________________________________________________________________________

City ____________________________________ State____________ Zip Code _______________

Contractor

Contracting Public Body _____________________________________________________________

Contract/Project No _________________________________________________________________

Project Description ___________________________________________________________________

Project Location _____________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E‐Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, _________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

DOCUMENT 002113 - INSTRUCTIONS TO BIDDERS

END OF DOCUMENT 002113

C-410: BID FORM

Brentwood Borough ADA Curb Ramp Improvements

ARTICLE 1- BID RECIPIENT

1.01 This Bid is submitted electronically via pennbid.bonfire.com.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of an Addenda. Bidder will complete the the Addenda listed in Section 002113, Article 17 as acknowledgment if necessary due to issuance of such Addenda.

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local,and site conditions that may affect cost, progress, and performance of the work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the work.

D. Bidder has considered the information known to Bidder itself; information commonly Known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reportsanddrawingsidentified in theBiddingDocuments, with respect to the effect of such information, observations, and documents on the follow: the cost, progress, and performance of the work; the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and the Bidder’s safety precautions and programs.

E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

F. Bidder is aware of the general nature of work to be performed by Owner and others at the site that relates to the work as indicated in the Bidding Documents.

G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that, without exception, the Bid and all prices in the Bid are premised upon performing and furnishing the work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made to influence the bidding process to the detriment of Owner, to establish bid prices at artificial non-competitive levels, or to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5- BASIS OF BID

5.01 Bidder will complete Work in accordance with the Contract Documents at the following prices. The Borough will only consider Bids from Bidders who submit unit prices for all items listed on the Base Bid and Expanded Bid tables below:

Item Description Unit Estimated Quantity Unit Price Bid Price No.

1 ADA-curb ramp; remove existing slabs; complete in-place

2 4” concrete sidewalk; remove existing slabs; complete in-place at width of existing slab

3 Deep-set concrete curb; remove existing sections; install to a minimum 18” depth; complete in-place at width of existing curb

S.F. 635 $ $

S.F. 325 $ $

L.F. 275 $ $

TOTAL $ $

Bidder acknowledges that each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item.Bidder also acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids. Final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete on or before October 31, 2026, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before November 15, 2026

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. List of Project References;

E. Evidence of authority to do business in Pennsylvania

F. Contractor’s License No.: _________

G. Bid Submittal Form

ARTICLE 8- BID SUBMITTAL

8.01 The Bid Submittal form attached below shall be completed as a mandatory attachment to the Bid.

C-430: BID BOND

Bidder

Name:

Address (principal place of business):

Surety Co.

Name:

Address (principal place of business):

Owner

Name:

Address (principal place of business):

Bid

Project (name and location):

Bid Due Date:

Bond

Penal Sum:

Date of Bond:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder

By:

Name:

Title:

Attest:

Name:

Title:

Surety (Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By:

(Signature)

Name:

(Printed or typed)

(Printed or typed) Title:

Attest:

(Signature)

(Signature) Name:

(Printed or typed) (Printed or typed)

Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay toOwner upon default of Bidderthe penal sum set forthon the faceofthis Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Suretyofwritten notice of default from Owner,whichnoticewillbe given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions doesnot in the aggregateexceed 120days from the Bid due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

ATTACHMENT 2

** NON-COLLUSION AFFIDAVIT OF PRIME BIDDER **

THE STATE OF

COUNTY OF

______________________________________( name), being first duly sworn, deposes and says that:

1. He/she is the _______________________________________________ (owner, partner, officer, representative, or agent) of _____________________________________, the Bidder that has submitted the attached Bid:

2. He/she is fully informed respecting the preparation and contents of the attached Bid

3. Such Bid is genuine and is not a collusive or sham bid:

4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement, or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or of the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the AGENCY or any person interested in the proposed Contract; and

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties on interest, including this affiant.

Signature Title

THE STATE OF ____

COUNTY OF ____________________

Before Me, the undersigned authority, a Notary Public in and for _______________________ , on this day personally appeared _______________________ known to me to be the persons whose names are subscribed to the foregoing instruments, and acknowledged to me that they executed same for the purposes and considerations therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE on this _______________ day of ____________ _____ A.D., 20_ .

Notary Public Signature Seal

PLEASE SIGN AND RETURN WITH BID

C-510: NOTICE OF AWARD

Date of

Issuance: , Owner: Borough of

Brentwood

Engineer: George Zboyovsky

Bidder:

Bidder’s Address:

Project Name: Brentwood Borough ADA Curb Ramp Improvements

Project/Line Item No.: 09-446.610

TO BIDDER:

You are notified that Owner has accepted your Bid dated _________ for the above Contract, and that you are the Successful Bidder and are awarded a Contract for:

CDBG Year 50: Brentwood Borough ADA Curb Ramp Improvements

The Contract Price of the awarded Contract is: $

X [note if subject to unit prices, or cost-plus]

You must comply with the following conditions precedent within 15 days of the date of this Notice of Award:

1. Deliver to Administrator [South Hills Area Council of Governments] as counterparts of the Agreement, fully executed by Bidder.

2. Deliver with the executed Agreement the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6.

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions.

Owner: Brentwood Borough

A u t horized Signature

By:

Title:

C-520: AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT

THIS AGREEMENT is by and between Brentwood Borough (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as the 2023 Sidewalk Restoration Program

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by Brentwood Borough

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially completed on or before October 31, 2026, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before November 15, 2026.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.

4.04 Special Damages

A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, constructionobservation, inspection,and administrative services needed after the time specifiedinParagraph 4.02 for SubstantialCompletion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item):

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based onestimatedquantities. As providedin Paragraph11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by the Engineer.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the ____30th_ day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract:

a. ____90_ percent of Work completed (with the balance being held as retainage). If the Work has been 90 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and

b. ____98_ percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to__100___ percentof theWork completed, less such amountsset off by Owner pursuant to Paragraph 15.01.E of the General Conditions.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall paythe remainderof theContractPriceasrecommendedby Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST

7.01 All amounts not paid when due shall bear interest at the rate of _1____ percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques and procedures of construction to be employed by Contractor; and(3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered inthe Contract Documents, andthewritten resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement.

2. Performance bond.

3. Payment bond.

4. General Conditions.

5. Supplementary Conditions.

6. Specifications as listed in the table of contents of the Project Manual.

7. Drawings (not attached but incorporated by reference).

8. Addenda (if necessary).

9. Contractor’s Bid.

10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the biddingprocessor theexecutionofthe Contract tothedetriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influencetheir participation in the bidding process or affect the execution of the Contract.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on _________ (which is the Effective Date of the Contract).

OWNER: CONTRACTOR:

Brentwood Borough

By: Michael Foyle B y :

Title: Council President Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices:

License No.:

(If Owner is a corporation, attach evidence of authority tosign.IfOwnerisapublic body, attach evidence of authorityto sign and resolution or other documents authorizing execution of this Agreement.)

(where applicable)

NOTE TO USER: Use in those states or other jurisdictions where applicable or required.

NOTICE TO PROCEED

Owner: Brentwood Borough Owner's Contract No.: 18-439-610

Contractor: Contractor’s Project No.:

Engineer:

Brentwood Borough

Engineer's Project No.: 18- 439-610

Project: 2022 Contract Name: 2022 Concrete Sidewalk Replacement Program

TO CONTRACTOR:

Concrete Sidewalk Replacement Program

Effective Date of Contract: ____

Owner hereby notifies Contractor that the Contract Times under the above Contract willcommence to runon [, 2022__]. [see Paragraph 4.01 of the General Conditions]

Onthat date, Contractor shall start performing its obligations under theContract Documents. No Work shall be done at the Site priorto suchdate. In accordancewiththe Agreement, [thedateofSubstantialCompletion is _________August, 2021, and the date of readiness for final payment is August 31, 2019

Before starting any Work at the Site, Contractor must comply with the following:

Submit all project materials submittals for the review and Borough’s approval Attend at pre-construction meeting Provide the project schedule Send notification letters to local residents

Owner:

Authorized Signature By:

Title:

Date Issued:

Copy: Borough Manager

EJCDC® C-550, Notice to Proceed.

Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

valexandrov Stamp

PERFORMANCE BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assignstotheOwnerfor the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety andthe Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and

the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners’ right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates

the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the

Contract Price in accordance with the terms of the Construction Contractto the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply withaconditionprecedent to the Surety’s obligations, or release the Suretyfromits obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of the

Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction

Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified

Contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damagesasdescribed in Paragraph 7 in excess of the Balanceof theContract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for

completion,or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for

whichitmaybe liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the

Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default onthisBondseven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Suretyhasdenied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater thanthose of the Owner under the Construction Contract. Subject to thecommitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’sDefault, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced orset off on account of any such unrelated obligations. No right of actionshallaccrueon this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond may be institutedinany court of competent jurisdiction in the location in whichtheworkor part of the work is located and shallbe instituted withintwoyears after a declaration of Contractor Default orwithin two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisionsconformingto suchstatutory or otherlegal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amount

payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowancefor the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2 Construction Contract: The agreement between the

Ownerand Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not

Been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents that comprise

the agreement between the Owner and Contractor.

15. Ifthis Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to beSubcontractor and the term Owner shall be deemed to be Contractor.

C-615: PAYMENT BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owners’ property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph 3,theSurety shall promptly and at the Surety's expense defend,indemnify,and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with

the Contractor,

5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety(90) days afterhaving last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct

contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph

5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the

Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any undisputed

amounts.

7.3 The Surety’s failure to discharge its obligations

under Paragraph 7.1 or 7.2 shall not be deemed to Constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorneys’ fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owners’ priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.

11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in thestateinwhich the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2)on which the last labor or service was performed by anyoneor the last materials or equipment were furnished byanyone under the Construction Contract,…