1-CD 50-7.6c-51-7.6b SRCOG terms and conditions.pdf

STEEL RIVERS COG

GENERAL REQUIREMENTS

MANAGEMENT RESPONSIBILITIES

The Steel Rivers Council of Governments (SRCOG) is recognized as the agent for the Glassport Borough, hereinafter “Municipality” in soliciting the proposal, accepting the bid, awarding the contract and administering the CDBG program on behalf of Municipality for the project hereinafter described.

Engineering guidance and technical supervision will be furnished by the Municipality. All work on the project must be performed to the satisfaction of Municipality. Any contract problems or disputes must be resolved between Contractor and Municipality.

1. LOCATION OF SITE:

1.1 The project is located within: Glassport Borough

1.1.1 6th Street between Michigan Avenue and Cypress Alley

1.1.2 Alternate item: 6th Street from Cypress Alley to Vermont Avenue

1.2 Every Contractor and subcontractor who proposes to be engaged in this work shall visit the site and acquaint himself/ herself with the conditions that exist. The Contractor and each subcontractor shall be presumed to have fully appraised himself of all site conditions pertaining to the contract work and to have accepted the conditions as they do or will exist under the intent of the Contract documents and will be responsible for the completion of the project in the manner and within the time stated in the Contract Documents.

2. ESTIMATED QUANITIES

2.1 The bidders’ attention is drawn to the fact that the estimate of quantities of work to be done and/or materials to be furnished under these specifications, as shown on the proposal form, and in the contract, are approximate and are given only as a basis of calculation upon which the award of the contract is to be made. The SRCOG does not assume any responsibility that the quantities shall materialize strictly in the construction of the project, nor shall the contractor plead misunderstanding or deception because of such estimate of quantities or of the character of the work, location, or other conditions pertaining thereto.

2.2 The SRCOG reserves the right to increase or decrease any or all of the above mentioned quantities of the work, or to omit any of them, as it may deem necessary, and such increase or decrease of the quantities given for any of the items shall not be considered as sufficient grounds for granting an increase in the unit prices Bid.

3. PROCEED ORDER

3.1 The SRCOG shall issue a written proceed order within ninety (90) days from the date of the acceptance of the Contractor’s proposal. No work shall be commenced by the

Contractor until such written proceed order from the SRCOG has been received. If the order to proceed is not received by the Contractor within this 90-day period, the Contractor has the option of withdrawing his Proposal.

3.2 The Contractor must commence the work within fifteen (15) days after the issuance of the Proceed Order. At the option of the SRCOG, this contract may be cancelled by failure of the Contractor to begin work within this time period. A Contractor may submit a written request to SRCOG to extend the commencement date beyond this period. All requests must be made in writing within the fifteen (15) day period and are granted at the discretion of the SRCOG.

4. COMPLETION PERIOD AND SCHEDULING

4.1 The Contractor must satisfactorily complete this project by

30-day completion period. Notwithstanding the aforesaid, the Contractor is excused from the performance time requirement if, during the process of the work, delay is authorized in writing by the SRCOG designated personnel; because of any act of neglect of the SRCOG or its member municipalities or by authorized changes in the work or by strikes, lockouts, fire, unusual delay in the transportation, unavoidable casualties or any causes completely beyond the Contractor's control. SRCOG designated personnel, in consultation with affected municipalities, shall be empowered to make final decisions on justifiability of causes offered as a basis for extension of time.

4.2 It is expressly understood and agreed by and between the parties hereto that the

Contractor must complete all of the above-enumerated Services and, as shown in detail on the Proposal, by 30-day completion period and that the contractor shall obtain final approval of work conducted by 30-day completion period. It is further understood that

30-day completion period indicates the end of the grant funding period for this project.

Therefore, if the contractor fails to complete all of the above-enumerated Services, these services will be still be required by the contract, but will not be eligible for payment.

Additionally, if the work is not completed by 30-day completion period, and a written extension by SRCOG is not granted, then it will be assumed that the contractor has abandoned the contract and as such the SRCOG may secure another contractor to complete the work and charge the original Contractor for this work, deduct it from payment to the Contractor, and/or submit a claim against the Contractor’s bond.

4.3 Additionally, for each day over 30-day completion period, said Contractor shall be subject and liable for liquidated damages in the sum of Three-Hundred Fifty Dollars

($350.00) per day with said liquidated damages to be deducted in the settlement of its accounts with the SRCOG upon completion of the work, and its acceptance on the part of the SRCOG and the affected municipality.

5. WORK CHANGES

5.1 The Project Engineer/Street Commissioners of each municipality/ municipalities may make such minor changes in the specifications as are deemed necessary by him to complete the project or any part thereof, provided, however that they are of a character as not to affect materially the unit cost of the work involved. The Contractor will be paid for said work at the Contract unit prices. Any changes contemplated by the Project

Engineer and/or Contractor, which may result in deviation from the standards on the drawings shall be made in writing before same shall be made. Compensation for the work shall be at unit prices for the time involved. The SRCOG reserves the right to add or delete any items listed on the bidding schedule.

6. PROPERTY DAMAGES

6.1 The Contractor is liable for damage to gas, water, power, telephone, and television lines as they exist on the site of the work. The Contractor shall notify the utility company concerned when damage occurs. If the Contractor determines that an existing utility facility may pose a problem, he will contact the Municipal Engineer or his designate as to the nature of the problem. Written certification of the Engineer’s approval to commence work will be presented to the SRCOG before excavation begins.

6.2 When buildings, fences hedges, gardens, trees, etc., border on the line of the work, the

Contractor shall be held liable for damage resulting from careless work.

6.3 Repair of street, after placement of a new catch basin, is incidental to its installation, and must conform to the existing condition of the street.

7. WORK AND WORKMANSHIP

7.1 The work specified herein shall include the furnishings of all labor, materials, supervision equipment, and services required for, or necessary for, or incidental to, the performance of all work required. Workmanship shall be performed in accordance with the standards of the several trades known as “GOOD WORKMANLIKE MANNER.” All work shall be done in strict accordance with all applicable Building Fire Codes, and municipal ordinance requirements. Sub-contractors shall be bound by terms and conditions of this Agreement, insofar as they apply to their work, but this shall not relieve the Contractor from the full responsibility to the SRCOG and the Municipality for the proper completion of all work to be executed under this Agreement, and he shall not be released from this responsibility by any sub-contractual agreement he may make with others.

8. SAFETY

8.1 The Contractor shall comply with all parts of the Williams-Steiger Occupational Safety and Health Act of 1970 (OSHA) and shall require that all subcontractors on the site also comply. He shall be responsible for posting all OSHA regulations and report forms and shall maintain logs and records as required by the OSHA regulations.

8.2 Non-compliance with OSHA regulations by any Contractor or his employees shall be cause for excluding that Contractor or his employees from the construction site until the

OSHA requirement have been met.

8.3 Visits by the SRCOG personnel or the Municipal Engineer to conduct construction review of the Contractor’s performance are not intended to include review of the adequacy of the Contractor’s safety measures in, on, or near the construction site.

9. BARRICADES

9.1 The contractor shall furnish, erect, and maintain at closures, intersections, and throughout the project all necessary approved devices (i.e., barricades, lashing, warning lights, steady burn lights, reflectors, and signs) and he shall take all necessary and legal precautions for the protection of the work and safety of the public. If required by the municipality, the standard "Road Closed" signs furnished by the contractor shall be securely fastened to the barricade by the Contractor in a position to be seen plainly at all times. All obstructions or hazardous conditions shall be set off by the use of the barricades and signs shall be reflectorized or equipped with approved flashing warning lights. The low intensity flashing warning lights and steady burn lights shall be kept in operation from sunset until sunrise and/or other periods of time when the barricades and/or other obstructions are not clearly visible in natural light. High intensity flashing warning lights shall be kept in operation 24 hours a day. The types of barricades and methods of installation shall be subject to the approval of the member municipality/municipalities or their respective engineers.

10. SITE INSPECTION

10.1 The contractor shall permit the Municipal Engineer or his designated representative, SRCOG personnel, insurance estimators, and evaluators from funding agencies access to the site to inspect the work at any time.

10.2 The Municipal Engineer/Street Commissioner, SRCOG designated personnel/Project

Engineer shall have the authority to deny payment if the Contractor fails to comply with the specifications or if a hazard to the public safety occurs (refer to Section 8 – Safety, and Section 13- Hold Harmless) chosen by the Municipal Engineer/Street

Commissioner/project Engineer/SRCOG designated personnel. No crew may proceed to other sites without the approval of one of the above-mentioned individuals.

11. CONTRACT ASSIGNMENT

11.1 The Contractor shall not assign any part of this Contract without the written consent of the

SRCOG.

12. PATENT SECURITY

12.1 The Contractor shall hold and save the SRCOG and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patent or un-patented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its use by the owner by the owner unless otherwise specifically stipulated in the Contract Documents.

12.2 License or Royalty Fees for the use of a process which is authorized by the SRCOG must be reasonable, and paid to the holder of the patent, of his authorized license, direct by the

SRCOG and not by or through the Contractor.

12.3 If the Contractor uses any design, device, or materials covered by letters, patent, or copyright, he shall provide for such use by suitable agreement with the SRCOG of such patented or copyrighted design, device, or material. It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. The

Contractor and /or his sureties shall indemnify him and save harmless the SRCOG and its member municipalities/municipality from any and all claims for infringement by reason of the use of such patented or copyrighted design, or materials or any trademark or copyright, in connection with work agreed to be performed under this Contract, and shall indemnify the SRCOG for any cost, expense, or damage which it may be obligated to pay by reason of such infringement at any time during the execution of the work or after completion of the work.

13. HOLD HARMLESS

13.1 The Contractor shall carry, during the life of the Contract, contractual liability insurance to protect and hold harmless the Redevelopment Authority of Allegheny County and

Allegheny County Economic Development and its officers, directors, agents and employees, the SRCOG, and its member municipality/municipalities, and shall furnish evidence of such insurance to both the SRCOG and the municipality/municipalities.

14. QUALIFICATION OF CONTRACTORS

14.1 All Contractors will be required to qualify by establishing proof of their competency and responsibility at the fixed date for the opening of bids for construction work.

14.2 Each Contractor shall submit a qualification statement on the form provided in this bid package and may include as attachments any essential extensions and/or supplementary information, details of financial ability, adequacy of organization, experience, plant and equipment, and related pertinent and material information necessary to establish qualification.

14.3 At the request of the SRCOG, the Contractor agrees to provide his most recent financial statement. From the data and information provided, the SRCOG will establish qualification, determining the maximum amount of work on which a Contractor will be eligible to bid.

15. INSURANCE

15.1 The Contractor shall furnish evidences of Workman’s Compensation coverage to the

SRCOG. The Contractor shall furnish evidence of Comprehensive General Liability

Insurance Coverage to include the following: comprehensive form, premises operations, products completed operations hazards, contractual insurance and independent contractors, (underground hazard is required for demolition, sewer and water projects). Coverage is to be no less than $1,000,000.00 for each occurrence and $1,000,000.00 aggregate for bodily injury and property damage combined.

15.2 The Contractor shall also furnish evidence of Automobile Liability Insurance Coverage to include the following: Comprehensive form, owned, hired and non-owned. Coverage is to be no less than, for each occurrence, $500,000.00 for property damage, and $1,000,000.00 bodily injury and property damage combined.

15.3 Such certificates shall contain a clause that the Redevelopment Authority of Allegheny

County and its officers, directors, agents and employees, as well as Allegheny County and its elected officials, officers, appointees and employees; the SRCOG; the Municipality and the municipal engineer shall be additional insured with the right of thirty (45) days’ notice of cancellation.

16. LIABILITY

16.1 The Contractor shall assume responsibility for any damages to persons or public or private, caused by reason of insufficient protection. This shall include, but is not limited to, damage done by heavy equipment to streets sidewalks, curbs, and utility devices. The

Contractor shall repair any and all damages caused by him to neighboring property before leaving the site, except where weather conditions or other extenuating circumstances present an unreasonable hardship. In such cases, SRCOG designated personnel and/or other inspectors shall determine a suitable time frame for repairing the damages. Any repairs not completed within two weeks of that time shall be reported by the SRCOG to the Contractor’s Insurance Agent.

17. MAINTENANCE OF STREETS

17.1 The Contractor shall clean and keep clean the streets, the work on public or private property occupied by him, free from waste or refuse resulting from his operations.

Trucks hauling excavated material, cement, sand, stone, or other loose materials from or to the site shall be tight, so that no spillage will occur on adjacent streets. Before trucks start away from the site, their loads shall be trimmed.

17.2 The Contractor shall comply with all requirements relative to the maintenance of traffic as stipulated by municipal subdivisions.

18. MAINTENANCE OF EXISTING DRAINAGE

18.1 Drainage through existing sewers and drains shall be maintained at all times during construction, and all gutters shall be kept open for drainage. Where existing sewers which interfere with the construction are encountered in the line of work, the flow in the sewers, including both dry weather flow and storm flow, shall be maintained either by constructing a satisfactory flume or by-pass sewer or by pumping, or by both.

19 UTILITIES

19.1 The Contractor is responsible for notifying all utility companies prior to commencing work in any municipality. The Contractor shall carefully support and protect from injury all existing gas pipes, water pipes, steam pipes, electrical conduits, sewers, drains hydrants, valve boxes, telephone cables, and other structures which do not have to be changed in their location. In case of injury or temporary removal, these facilities shall be restored to as satisfactory a condition as that in which they were found.

Where dead ends shall exist following removal of pipes, conduits, or sewers, such ends shall be carefully plugged or bulk headed with brick or mortar. The said method of utility protection shall be subject to the approval of the member municipality/municipalities or their respective Engineer (s). The Contractor shall notify all utility companies affected by said construction, and shall determine the exact location of all existing utilities, prior to any construction.

20. ENGINEERING WORK

20.1 The Contractor shall furnish an Engineer, and shall be responsible for the general layout of all project sites, for the maintenance of all monuments, bench marks, and reference points, and shall maintain these points until completion of the work, and shall make all necessary extensions therefrom for all work under this Contract. The SRCOG reserves the right to check any and all such work under this Contract. The Contractor will be held responsible for the accuracy of such extensions, whether or not they are checked by the

SRCOG.

21. PHOTOGRAPHS

21.1 Prior to any construction activities, the Contractor shall take color photographs of each project site and adjacent area. The photographs shall clearly show the extent and condition of the existing project site and landscaping adjacent to the project area. The

Contractor shall present one complete set of photographs of the project site to the

SRCOG for their records. Additional sets of photographs showing the completed project in each municipality shall be furnished to SRCOG upon completion of the Contract.

22. USE OF STREET, PRIVATE OR PUBLIC PROPERTY

22.1 The operations of the Contractor in public streets, public highways, or alleys, as regulated more in detail herein, shall be confined to as small a space as is practical so as not to cause undue inconvenience to the public or abutting properties and shall be subject to the approval of the Municipal Engineer or Street Commissioner.

22.2 The operations shall be confined to the limits of rights-of- way over private property unless otherwise indicated, and, if additional area is required at no additional cost to the

SRCOG. The Contractor shall take cognizance of his responsibility to protect the property on each side of the right-of-way.

22.3 The Contractor shall submit, prior to any construction, evidence, in writing signed by both Contractor and individual property owner, of acquisition of any rights-of-way, which may be required for construction and/or storage of Materials / equipment within private property, to the Engineer’s office of the municipality involved.

23. MAINTENANCE OF TRAFFIC

23.1 During the progress of the work, the Contractor shall accommodate both vehicular and foot traffic, and shall provide free access to abutting property, fire hydrants, water and gas valves, and such other facilities, Street intersection may be blocked, but one-half at a time, and the Contractor shall lay and maintain temporary driveways and crossings, such as in the opinion of the Municipal Engineer or Street Commissioner are necessary to accommodate the public. In the event of the Contractor’s failure to comply with the foregoing provisions, the SRCOG may, with or without notice, cause the same to be done and deduct the costs of such work from monies due the Contractor under this

Contract; but the performance of such work by the SRCOG or at its insistence, shall serve in no way to release the Contractor from his general or particular liability for the safety of the public or the work.

23.2 The Contractor shall comply with all requirements/ordinances relative to the maintenance of traffic, as stipulated by the State and County Highway Departments and local municipalities.

24. GUARANTEE

24.1 The Contractor shall guarantee all work done under this Contract for a period of two years from date of completion. A joint inspection shall be made by the Contractor, Municipal Representative(s), and SRCOG designated personnel to determine whether any corrective work is necessary. Any necessary corrective work to be done within that two years period by the Contractor, with no additional compensation therefore.

24.2 After all Contract work is completed and accepted, the Contractor shall present SRCOG with a two-year maintenance bond in the name of the Steel Rivers Council of

Governments, and in an amount equal to the one hundred percent (100%) of the final

Contract payment price. This bond shall be presented prior to issuance of final payment.

25. PAYMENT

25.1 The SRCOG shall pay the Contractor within sixty (45) days of receiving any invoice for work satisfactorily completed pending receipt of CDBG funds from Allegheny. If CDBG funds are not received within sixty (45) days, SRCOG shall pay the full amount approved by the Department of Economic Development within three (3) working days following receipt of same from the Department of Economic Development. Invoices shall be submitted monthly by the Contractor on or before the last day of the month. Final payment for work contracted will only be made after a final inspection and acceptance of the work by the Project Engineer/Municipal Representative/Street

Commissioner/SRCOG designated personnel.

25.2 If the Contractor is unable to complete any portion of the work by the 30-day completion period, a written request for an extension must be submitted to the SRCOG prior to 45 days before the 30-day completion period. This request must detail the reasons for the delay and for the extension and the date that the project will be completed.

If the extension is granted, the SRCOG will respond in writing with a new 30-day completion period for the contract. Not all requests for extensions shall be granted;

therefore the Contractor should not assume that any extension has been granted until s/he receives such notice in writing.

25.3 The Contractor understands that this project is funded through a federal grant which is only available for a limited amount of time. Therefore, costs incurred and services performed past 30-day completion period will not be paid. Therefore, Contractors should be advised that all work must be completed and inspected by 30-day completion period.

26. SUB-CONTRACTS

26.1 Contractor shall not contract with any proposed subcontractor who has not been accepted, in writing, by the SRCOG.

26.2 The SRCOG may, without claim for extra cost by the Contractor, disapprove any subcontractor for cause on the basis of its own determination or because of the fact that the proposed subcontractor is listed as ineligible to receive awards of contracts from the

United States.

26.3 Nothing contained in the contract shall create any contractual relation between the subcontractor and the SRCOG.

26.4 The Contractor shall be as fully responsible for the acts and omissions of his subcontractors, and of persons either directly or directly employed by them as he is for the acts and omissions of persons directly employed by him.

27. PERMITS, CODES AND STANDARDS

27.1 Contractor shall give all notices and comply with all laws, codes, ordinances, rules regulations, standards and specifications, except as otherwise shown or specified.

27.2 It is the intent of this Contract that the Contractor shall base his bid upon the drawings and specifications, but that all work installed shall comply with all applicable codes and regulations as amended by any waiver. Before installing the work, the Contractor shall examine the drawings and specifications for compliance with applicable codes and regulations bearing on the work, and shall immediately report any discrepancy to the

SRCOG. Where the requirements of the drawings and specifications fail to conform to the applicable code, they shall be adjusted to conform to the code or regulations.

27.3 The Contractor shall secure and pay for all permits, fees, and licenses/taxes necessary for the proper execution and completion of the work.

28. BID SELECTION /REJECTION

28.1 Bid must include prices for all items listed in addition to the Base Bid Price. Exclusion of any item will be considered grounds for rejection of the bid. The SRCOG reserves the right to reject any and all bids. (refer to SRCOG Contract Selection Procedure)

28.2 The Steel Rivers Council of Governments reserves the right to award the contract in total or upon consultation with the member municipality, choose individual items based upon local priorities and/or funding availability.

29. CONTRACT BONDS

29.1 The Contractor to whom the Contract is awarded shall enter into a written Agreement with the SRCOG and shall furnish a bond with surety in the full amount of the Contract price, conditioned for the faithful performance of the Contract in accordance with all the terms and provisions thereof, and a separate labor and Materials Bond with surety in the same amount, conditioned as provided by the ACT of Assembly of the Commonwealth of

Pennsylvanian and containing the specified provisions therein set forth.

The SRCOG shall require that the Contractor observe the bonding requirements provided in Appendix B of Federal Management Circular 74-7; Uniform Administrative

Requirements for Grants-in Aid to state and local governments. The surety of such bonds shall be a duly authorized surety company, subject to the approval of the SRCOG.

30. TERMINATION

30.1 In the case that the Contractor fails to furnish materials and equipment or execute work in accordance with the provisions of this Contract, or fails to proceed with or complete work within the time limit specified in this Contract, or if the provisions of the Contract are otherwise violated by the Contractor, the SRCOG shall have the right to declare the

Contractor in default in the performance of his obligations under the Contract. The

SRCOG may proceed to have the work completed, and shall apply to the cost of having the work completed, any money due to the Contractor, and the Contractor shall be responsible for any damages resulting to the SRCOG by reason of said default.

31. PROHIBITED INTEREST

31.1 No member, officer, or employee of the County or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such to the Program during his tenure or for one year thereafter shall have any locality or localities who exercises any functions or responsibilities with respect to any interest, direct or indirect, in any Contract or subcontract or the proceeds thereof, for the work to be performed in connections with the Program assisted under this

Contract.

32 PREVAILING WAGE RATES

32.1 The Contractor must pay the prevailing Federal Wage Rate for all positions under this contract.

32.2 Contractor must submit certified payment sheets on a weekly basis to the SRCOG CD

Department. Failure to do so will result in a hold-up in the payment process.

Note: Payment of Federal “Davis-Bacon” Wage Rates DO apply to this agreement.

Steel Rivers Council of Governments

Contract Selection Procedure

1. In all cases, solicitations of offers, whether by competitive sealed bids or competitive negotiation, shall:

A. Incorporate a clear and accurate description of the technical requirements for the material(s); product(s) or service(s) to be procured. Such description shall not, in competitive procurements, contain features that unduly restrict competition.

B. Clearly set forth all requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals.

2. Awards shall be made only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of the contract. Consideration shall be given to such matters as contractor integrity; compliance with specifications and public policy; record of past performance and experience and financial and technical resources.

3. Reasons for rejection of bids or proposals shall include, but not be limited to :

A. Failure to submit the proposal on the form furnished by the SRCOG;

B. Failure to sign the bid proposal or any of the required affidavits and other certificates attached thereto;

C. Failure to furnish the required proposal guarantee;

D. The inclusion of conditions or qualifications not provided for in the bid proposal form;

E. Any part of the proposal form is detached;

F. If the proposal contains any omissions, erasures, alterations, additions not called for or irregularities of any other kind;

G. Any bid prices are obviously unbalanced;

H. Failure to submit with bid or proposal such statements which may be necessary to determine the adequacy and/or stability of a firm. Such statements shall include but are not limited to:

i. Financial Statement

ii. Qualification / Experience Statement

iii. List of Available Equipment

CONTRACT NO. _________

SAMPLE AGREEMENT

THIS AGREEMENT, made this _____ day of ______________ in the year Two Thousand Twenty-Six

BY AND BETWEEN

Steel Rivers Council of Governments (SRCOG)

1705 Maple Street

Homestead PA 15120

Acting as Administrative Agent as established under separate Project Administration Agreement for the Municipality of: __________________________ hereinafter referred to as “Municipality” and hereinafter referred to as “Contractor.”

WITNESSETH,

WHEREAS, Municipality requires the services of a Contractor to perform all work, to provide and furnish all labor, all necessary tools and equipment, all utility and transportation services and materials, both expendable and permanent, all as required in complete accordance with the Contract Specifications and other Documents for the successful completion of the project known as:

WHEREAS, Contractor possesses experience and is skilled in the work to be performed; and

WHEREAS, Contractor has submitted a bid for the project, which bid has been accepted by the Municipality.

NOW, THEREFORE, in consideration of the mutual covenants contained hereafter and intending to be legally bound hereby, Municipality and Contractor mutually agree as follows:

ARTICLE 1. LOCATION AND OWNERSHIP OF PROJECT

Contractor understands that this project is located within the municipal boundaries of _________________.

ARTICLE 2. MANAGEMENT RESPONSIBILITIES

The Steel Rivers Council of Governments (SRCOG hereinafter) is recognized as the agent for Municipality in soliciting the proposal, accepting the bid, awarding the contract and administering the CDBG program on behalf of Municipality for the project hereinafter described. Engineering guidance and technical supervision will be furnished by Municipality. All work on the project must be performed to the satisfaction of Municipality. Any contract problems or disputes must be resolved between Contractor and

Municipality.

ARTICLE 3. STATE-ASSISTED PROJECT

Contractor understands that this project is being assisted with Federal funds provided through the Federal Community Development

Block Grant (CDBG) program. Contractor further understands that within the County of Allegheny these funds are administered and disbursed by Allegheny County Economic Development (ACED hereinafter). Contractor therefore agrees to comply with any and all applicable regulations, conditions, and policies established by the CDBG program and the ACED.

ARTICLE 4. SCOPE OF WORK

The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery tools, equipment, tests and services, including utility and transportation service and perform and complete all work required which consists of

All items shall be complete in place as fully specified and in accordance with the Drawings and Specifications for the project entitled:

Project Number – Project Name -and, in strict accordance with the contract documents for this project, which are incorporated herein and made a part of this

Agreement, including all addenda thereto, as prepared by: (municipal engineer) .

ARTICLE 5. TIME OF COMPLETION

Work shall commence upon receipt of notice to proceed issued by Agent, Municipality’s engineer, architect or official managing the project and shall be completed within the time specified in the Contract Documents. All work shall be completed no later than forty-five (45) calendar days from the date of written notice to proceed.

ARTICLE 6. CONTRACT SUM

Municipality will pay Contractor through SRCOG for performance of the Contract, for total quantities of work performed at the prices stipulated in the bid, subject to any additions and modifications provided therein and established in award, in current funds, the sum of

($__________). This sum is the Total Bid Amount.

It is understood and agreed to by the parties to this Agreement that the Municipality shall be solely obligated, and not the SRCOG, to pay any and all authorized costs in excess of those covered by the grant funds allocated for the project, said costs being the difference between the sum total of any and all construction/program related expenses as identified by the bid, together with applicable change orders, and the grant amount allocated to the project. SRCOG shall have no liability for any funds over and above those grant funds that are allocated and awarded to a project, and Municipality agrees to indemnify, defend and hold SRCOG harmless from any such liability.

ARTICLE 7. PAYMENTS

Contractor shall recognize that payment to Contractor by SRCOG is contingent upon receipt of funds from either Municipality or the

ACED. Funds are guaranteed, but a drawdown process shall be followed. Therefore, payments shall be subject to the following conditions and stipulations:

A. Contractor shall process all requests for payment through Municipality and its engineer, architect or official managing the project. No payments will be made unless first approved by Municipality and its engineer, architect or official managing the project. Payment will be in the amount approved by Municipality and its engineer, architect or official managing the project.

Any problems or disputes concerning the approved amount must be resolved between Contractor and Municipality. It is understood and agreed to by the parties to this Agreement that the Municipality shall be solely obligated, and not the

SRCOG, to pay any and all authorized costs in excess of those covered by the grant funds allocated for the project, said costs being the difference between the sum total of any and all construction/program related expenses as identified by the bid, together with applicable change orders, and the grant amount allocated to the project. SRCOG shall have no liability for any funds over and above those grant funds that are allocated and awarded to a project, and Municipality agrees to indemnify, defend and hold SRCOG harmless from any such liability.

B. When the written approval of Contractor’s request for payment is received from Municipality and its engineer, architect or official managing the project, SRCOG will commence the drawdown process for funds from the appropriate paying source within five (5) working days of receipt of same, provided that Contractor has submitted all documents required by the CDBG

Program. If all required documents have not been submitted, the drawdown process will not commence until said documents are received by SRCOG. In such case, the drawdown process will then commence within five (5) working days of receipt of the required CDBG program documents.

C. If CDBG funds are involved, a request for those funds will be made from ACED. SRCOG shall pay the full amount of

GCDBG funds received within three (3) working days following receipt of same from ACED. Same shall apply to final payment provided all provisions of the Contract Documents have been complied with. Contractor shall note that payment to

SRCOG from ACED may take up to eight (8) weeks for progress payments and ten (10) weeks for final payment. Contractor understands and agrees that neither SRCOG nor Municipality shall be responsible or liable for any delay in receiving payments from ACED. Contractor understands and agrees that SRCOG cannot and will not make payment of any portions of the project payable by ACED until those funds are received from ACED.

D. Contractor shall be responsible for submitting, in a timely fashion, on Contractor’s behalf and on behalf of any and all subcontractors retained by Contractor, as well as any lower tier subcontractors retained by Contractor’s subcontractors, all payrolls, monthly reports and any other documents required by the CDBG program. Failure to submit these items, or failure to submit properly completed documents may be cause for delay in Contractor receiving payment.

E. If Municipality’s funds are involved, SRCOG shall make a request for those funds from Municipality. SRCOG shall pay the full amount approved by Municipality following receipt from Municipality. Contractor understands and agrees that SRCOG cannot and will not make payment of any portions of the project payable by Municipality until those funds are received from

Municipality. SRCOG’s responsibility for securing these funds shall be limited to making the initial request for those funds from Municipality. Contractor further understands and agrees that SRCOG shall not be held responsible or liable for any delay in receiving payments from Municipality. It is understood and agreed to by the parties to this Agreement that the

Municipality shall be solely obligated, and not the SRCOG, to pay any and all authorized costs in excess of those covered by the grant funds allocated for the project, said costs being the difference between the sum total of any and all construction/program related expenses as identified by the bid, together with applicable change orders, and the grant amount allocated to the project. SRCOG shall have no liability for any funds over and above those grant funds that are allocated and awarded to a project, and Municipality agrees to indemnify, defend and hold SRCOG harmless from any such liability.

F. When submitting requests for payment, Contractor shall anticipate the approval time required by ACED and Municipality.

Contractor shall not impose or attempt to impose any time frame, number of days or dates by which payment shall be due.

Since this is a project assisted with Pennsylvania State Funds through the CDBG program, no local law is applicable to or governs this project, no interest charges shall be permitted on outstanding requests for payment, and no interest, fees or penalties shall accrue on any requests for payment made by Contractor.

G. All payments will be made through the SRCOG office.

H. Acceptance of final payment and negotiation of the check representing final payment by Contractor shall act as a release by

Contractor of any and all claims Contractor may have against SRCOG and/or Municipality.

ARTICLE 8. CONTRACT DOCUMENTS

Contract documents shall include the following, which are made part hereof with like force and effect as though recited herein:

(a) Public advertisement (Notice to Bidders Invitation to Bid)

(b) Instructions to Bidders and Special Notice to Bidders

(c) Completed and signed Bid Proposal

(d) Performance Bond, Labor & Material Payment Bond, and Contractor’s Certificate of Insurance

(e) Federal, State & County requirements– Grantee Procurement Guidelines (Procurement Policy of ACED)

(f) General Conditions as prepared by Municipality or its engineer or architect

(g) Special Conditions as prepared by Municipality or its engineer or architect

(h) Supplementary Conditions as prepared by Municipality or its engineer or architect

(i) Technical Specifications as prepared by Municipality or its engineer or architect

(j) Standard Specifications and Standard Construction Details as prepared by Municipality or its engineer or architect

(k) Drawings as listed in the Schedule of Drawings as prepared by Municipality or its engineer or architect

(l) Certifications Forms:

1) Notice to Prime/Subcontractors Form

2) Prime/Subcontractor Affirmative Action Certification

3) Schedule of all Subcontractors to be used on project

4) Award Verification for Prime / Subcontractor / Suppliers - PL3/PL4/PL5

5) Agreement between Prime Contractor and Subcontractor and Supplier

6) Fringe Benefit Letter

7) M/W/DBE/VOSB Solicitation and Commitment Statement

(m) General Conditions as summarized by ACED

(n) All other documents, plans, specifications, drawings and change orders not enumerated above, as prepared by Municipality or its engineer or architect

(o) All Addenda and Modifications to any of the above

ARTICLE 9. CONTRACTOR’S REPRESENTATIONS

Contractor has familiarized itself with the nature and the extent of the Contract Documents, work, locality, and with all local conditions and Federal, State and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the work.

Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the work which were relied upon by the engineer or architect in the preparation of the Drawings and Specifications which has been identified in the project specifications.

Contractor has made, or caused to be made, examinations, investigations and tests and studies of such reports and related data as it deemed necessary for the performance of the work at the Contract Price, within the Time of Completion and in accordance with the other terms and conditions of the Contract Documents; and no additional examination, investigations, tests, reports or similar data are or will be required by Contractor for such purposes.

Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents.

Contractor has given Municipality, Municipality’s engineer, architect or official managing the project, or SRCOG written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents.

ARTICLE 10. INSURANCE

A. Contractor shall at its own cost and expense procure and maintain insurance required under the Pennsylvania Workers

Compensation Law and submit a Certificate of Insurance attesting to this coverage.

B. Contractor shall at its own cost and expense procure and maintain insurance required by the bid documents at the limits of coverage specified therein and shall submit a Certificate of Insurance attesting to these coverages.

C. Contractor agrees to indemnify and save harmless SRCOG and Municipality from all suits or actions, damages or costs of every name and description to which SRCOG or Municipality may be subjected or put by reason of negligence or carelessness or improper methods of operation on the part of Contractor, his servants, agents or subcontractors in the prosecution of the work, or by or on account of any act or omission of Contractor, his servants, agents or subcontractors.

ARTICLE 11. BONDS

Contractor has furnished herewith Surety Bonds each by a Surety Company authorized to do business in Pennsylvania and each in the amount of one hundred (100%) percent of the Contract Price, said bonds to be provided as follows:

A. A Bond guaranteeing the work to be done.

B. A Bond conditioned for the prompt payment of all materials furnished and labor supplied or performed in the prosecution of the work, whether or not said material or labor enter into and become component parts of the work improvement herein contemplated.

Upon completion of the project, Contractor shall furnish a maintenance bond, dated as of the day of acceptance by the municipal engineer, architect or official managing the project, in the amount and terms specified in the Contract Documents for the project. In the event no provision for a maintenance bond is set forth in the Contract Documents, the amount of the bond shall be one hundred

(100%) percent of the contract price for a two (2) year period from the day of acceptance by the municipal engineer, architect or official managing the project.

ARTICLE 12. PENNSYLVANIA NON-DISCRIMINATION REQUIREMENTS

Municipality and Contractor agree that in the performance of this contract, there will be no discrimination against any employee, job applicant, or business on account of race, color, sex, religious creed, ancestry, age, or national origin, and that all requirements of the

Pennsylvania Human Relations Act (43 P.S. 951, et. seq.) 43 P.S. 153, Executive Order 1972-1, and Contract Compliance Regulations

(16 PA Code, Ch.49) as revised and printed in the Pennsylvania Bulletin Vol. 5, No. 10, Saturday, March 8, 1975, of the Pennsylvania

Human Relations Commission are part of this Agreement. Contractor shall note that the Non-Discrimination Clause and its eleven

(11) points contained herein, is incorporated by reference into this contract.

ARTICLE 13. EXECUTIVE ORDER 11246

Compliance with the requirements of Executive Order 11246 as amended; in particular the requirements applicable to Hometown

Plans (Pittsburgh Plan), part of the Housing and Community Development Act of 1974 is incorporated by reference into this contract.

All applicable questionnaires, form filing and wage verifications must be completed and forwarded to monitoring offices. It is the responsibility of the Contractor to insure subcontractor’s compliance with these regulations.

ARTICLE 14. EXECUTIVE ORDERS 11625 AND 12138

Compliance with the requirements of Executive Order 11625, the Minority Business Participation Program and Executive Order

12138, the Female Business Participation Program are required by this Contract. It is the responsibility of the Contractor to insure subcontractor’s compliance with these regulations.

ARTICLE 15. DAVIS-BACON ACT

The requirements of the Davis-Bacon Act shall be incorporated by reference into this Agreement. Minimum wage rates, as included in this contract, must be met. Minimum wage rates for federal and federally assisted construction and demolition projects shall be particularly adhered to.

ARTICLE 16. FEDERAL LABOR STANDARDS PROVISIONS

The Federal Labor Standards Provisions shall be incorporated by reference into this Agreement.

ARTICLE 17. PREVAILING WAGE DECISION

The US Secretary of Labor’s Area Wage Decision ______________________________________________setting the prevailing wages for this project, included in the Contract Documents, are made part of this Agreement.

ARTICLE 18. PHOTOGRAPHS

Contractor, for its own protection, shall take pictures of the work area before any work begins.

ARTICLE 19. ACCESS TO RECORDS

SRCOG, ACED, and Municipality have the right to access any contract related books, documents, papers or records of the Contractor for the purpose of monitoring and auditing this project.

ARTICLE 20. MAINTENANCE OF RECORDS

Contractor agrees to retain all CDBG related records for a period of three (3) years after the project has been officially closed out by ACED.

ARTICLE 21. ADDENDA, SUPPLEMENTAL CONDITIONS AND/OR MODIFICATIONS

The following is an enumeration of Addenda or Modifications:

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first entered above.

ATTEST: CONTRACTOR

______________________________________ BY

Secretary / witness

Title

Corporate Seal

(if incorporated)

Date

FULL BUSINESS ADDRESS:

FEDERAL ID NO.

PHONE

FAX

STEEL RIVERS COUNCIL OF GOVERNMENTS

AGENT FOR MUNICIPALITY

ATTEST: BY ______________________________________

Secretary / Witness Title:

(Seal)

Date _____________________________________