3-CD 52-3.11.3 Terms Conditions.pdf

STEEL RIVERS COUNCIL OF GOVERNMENTS

Request for Bids

November 2026

CD 52-3.11.3

DRAVOSBURG DEMOLITION

DRAVOSBURG BOROUGH, PA

Steel Rivers Council of Governments

1705 Maple Street, Room 100

Homestead, PA 15120

412-462-7600 (phone)

412-462-3986 (fax)

Glenn Engineering & Associates, Ltd.

14920 US-30

Irwin, PA 15642

412-824-5672

Project Timeline: 30-Day Completion Period

NOTICE TO BIDDERS

STEEL RIVERS COUNCIL OF GOVERNMENTS

REQUEST FOR PROPOSALS

Notice is hereby given that sealed proposals will be received by the Steel Rivers COG via PennBid at https://pennbid.bonfirehub.com. Bid Proposals will be received until 10:00 am prevailing time on November

12, 2026. At 10:00 am prevailing time, bids will be publicly opened and read immediately thereafter for the following projects:

1) CD 52-3.11.3 Dravosburg Borough Safe Neighborhoods Demolition. Demolition of three (3) residential structures in Dravosburg Borough, including utility disconnections and capping; asbestos abatement; building demolition; traffic control; proper disposal of materials; backfill with suitable material; compaction; grading; and finishing items per engineer. 99 Duquesne Ave, 165 Duquesne Ave, 511 Ridgeview Dr. 30-day completion. No Davis-Bacon wages.

Contract Specifications, Instructions to Bidders, General Conditions, Form of Proposal and Agreement can be obtained via PennBid at https://pennbid.bonfirehub.com. Proposals to receive consideration must include a Bid

Bond in an amount equal to ten percent (10%) of the Proposal as a guarantee that, if the Proposal is accepted, the successful Bidder will immediately enter into Agreement after the Notice of Award of the Contract and commence start of construction immediately thereafter.

Compliance is required with Federal Labor Standard Provisions; Title VI and other applicable provisions of the

Civil Rights Act of 1964; the Department of Labor Equal Opportunity Clause (41 CFR 60 – 1.4); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11625 (Utilization of Minority

Business Enterprise); Executive Order 12138 (Utilization of Female Business Enterprise); in compliance with

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Further, notice is hereby given that this is a Section 3 Project under the Housing and Urban Development Act of 1968, (as amended) and must, to the greatest extent feasible, utilize lower income residents for employment and training opportunities and Section 3 Business concerns and all contracts and subcontracts for this project shall contain the “Section 3 Clause” as set forth in 24 CFR, Part 135.38. Moreover, compliance is required by the prime contractor and all subcontractors with the Federal General Conditions included in the contract documents between the County of Allegheny through its Department of Economic Development and the operating agency.

These Federal General Conditions are to be incorporated by reference into all construction contracts between operating agency and contractor, contractor and subcontractor(s), and subcontractor(s) and lower tiered subcontractor(s).

The Steel Rivers Council of Governments reserves the right to waive any informalities or to reject any or all proposals, or any part thereof. No Bidder may reject his/her bid for the period as specified in the project bid documents after the scheduled closing time for receipt of bids.

Jennifer Kwiatek, Government Grants Manager, Steel Rivers COG

Pittsburgh Post Gazette Local Xtra East Advertisement Dates: October 22 and 29, 2026

INSTRUCTIONS TO BIDDERS

Bids to be entitled to consideration must be made in accordance with the following:

1. Bids shall be made upon the online form provided on the PennBid website, https://pennbid.bonfirehub.com, and the blank spaces in such forms shall be fully filled; numbers shall be stated in figures where indicated; the signature shall be included where required.

2. No oral, telegraphic, or telephonic modifications shall be considered.

3. Should a bidder find discrepancies in, or omissions from, the documents, or be in doubt as to their meaning, clarification should be requested of the Steel Rivers

Council of Governments.

4. Erasures or other changes in the Bid must be explained or noted over the signature of the Bidder.

5. Bids may be withdrawn via the PennBid website, https://pennbid.bonfirehub.com, prior to the time set for Bid opening.

6. Before submitting a Bid, Bidders should carefully examine the specifications, visit the sites, fully inform themselves as to the existing conditions, and included in, or required by, the contract.

7. The competency and responsibility of Bidders and of their proposed subcontractors will be considered in making the award. The Steel Rivers Council of Governments reserves the right to reject any and all bids.

8. Bidders and other persons properly interested may view the bid results online at https://pennbid.bonfirehub.com.

9. The Bidder to whom the award is made will be notified within ninety (90) days after the bid opening. However, the Steel Rivers Council of Governments reserves the right to reject any and all Bids and to waive any informality in

Bids received whenever such rejection or waiver is in its interest. The contract will be awarded according to the Contract Selection Procedures adopted by the

Steel Rivers Council of Governments and included in this Bid Package (refer to

Table of Contents)

10. Attention is called to the fact that not less than the minimum salaries and wages as determined by the PA Department of Labor must be paid for this project; that the

Contractor must insure that employees and applicants for employment are not discriminated against because of their race, color, age, religion, sex, or national origin and that the Executive Order #11625 (Utilization of Minority Enterprise), Executive Order #12138 (Utilization of Female Business Enterprise), compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with

Disabilities Act of 1990, the Allegheny County MBE/WBE Program, Section 109 of the housing and Community Development Act of 1974, any/all civil rights legislation, and applicable federal labor standards provisions must be observed.

Attention will also be paid to the Section 3 clause of the Housing and Urban

Development Act of 1968, as it applies to employment and training goals for lower income residents of the project area, and to the extension of all feasible efforts to contract with business located in or owned in substantial part by persons residing in the project area. Finally, bidding contractors must utilize to the greatest extent feasible, minority business concerns located in the program area.

11. Notice to Contractors - UEI & CAGE Numbers: In accordance with new HUD regulations, ALL CONTRACTORS receiving federal funding are required to obtain a CAGE number from the System for Award Management (SAM) formerly known as Central Contractor Registry (CCR) as well as a Unique

Entity IDS (UEI) number. In order to get a CAGE number, you must first obtain a UEI number. To obtain a UEI number, go to the following website:

https://sam.gov or by calling 1-800-264-1318. If you are a contractor bidding on projects funded with federal CDBG grants and do not currently have a DUNS and

CAGE number, you must register and obtain these numbers. Proof of registration is mandatory to be considered for funding. ACED compliance documents have been revised for contractors to enter their UEI number, CAGE number and CAGE expiration date (Award Verification for Prime/Subcontractors– PL3/PL4).

12. The bidder agrees to provide for Minority/Women/Disadvantaged Business

Enterprise, and Veteran Owned Small Businesses (M/W/DBE/VOSB) requirements/participation in accordance with the following:

• M/W/DBE/VOSB Goals - The County of Allegheny, who is funding this contract, has established in connection with this contract, the goal of 13 percent of the contract price for the utilization of firms owned and controlled by Minority Business

Enterprises (MBEs), 2 percent of the contract price for firms owned and controlled by

Women's Business Enterprises (WBEs), and a 5 percent goal for Veteran Owned

Small Businesses (VOSB).

• M/W/DBE/VOSB Obligation - Bidders shall take necessary and reasonable steps to ensure that M/W/DBE/VOSB(s) have the maximum opportunity to compete for and perform contracts. The vendor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of County contracts.

• Proposals containing an M/W/DBE/VOSB sub-contracting component must include the percentage involvement of all MBE, WBE, DBE and VOSB businesses along with the names of the firms involved. The overall goals may be exceeded.

• List of approved M/W/DBE firms may be obtained from the County’s M/W/DBE

Office.

13. Bidders shall state, on the Bid Form provided, a Base Bid price for all labor, materials, and equipment required to complete the total work shown on the

Drawings and required by the Specifications.

14. Bidders shall include on the Bid Form provided, unit prices and separate prices for all items listed on the Proposal Form.

15. Following the award and within fifteen (15) days after the "Notice of Contract

Award" has been issued by the SRCOG, the successful bidder will be required to execute said contract, post all bonds and deliver certificates of insurance to the SRCOG. The successful bidder shall abide by the following requirements:

• Performance Bond - A Performance Bond equivalent to 100% of the contract price will be supplied by the successful bidder within ten (10) days of the award by the

Steel Rivers Council of Governments.

• Payment Bond - A Payment Bond equivalent to 100% of the contract price will be supplied by the successful bidder within ten (10) days of the award by the Steel

Rivers Council of Governments.

• Workmen's Compensation Insurance - The successful bidder shall carry

Workmen's Compensation Insurance as required by law or shall submit evidence that it has qualified with the Pennsylvania Department of Labor and

Industry as a self-insurer. No program of self-insured retention shall apply to the above coverage without prior approval of Allegheny County.

In the event that the bidder fails to do so, he will be deemed to have abandoned the contract and the SRCOG at its option may either re-advertise or otherwise award said contract to the next lowest bidder meeting specifications and the

SRCOG may move to recover the losses sustained by such abandonment out of the bidders Surety Bond or Certified Check.

16. Bidders shall not remove any pages from this volume of Contract documents.

Proposals shall be submitted intact with this volume together with all drawings and addenda. All additional sheets or special forms used shall be inserted into the PDF upload to which it applies.

17. Bids will be received by SRCOG via PennBid at https://pennbid.bonfirehub.com until _10:00 A.M. prevailing time on _ November 12, 2026 , and will be publicly opened and read immediately thereafter.

SAFE NEIGHBORHOODS DEMOLITION

DRAVOSBURG BOROUGH

CD 52-3.11.3

STEEL RIVERS COG

GENERAL REQUIREMENTS

MANAGEMENT RESPONSIBILITIES

The Steel Rivers Council of Governments (SRCOG) is recognized as the agent for the Dravosburg 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: Dravosburg Borough

1.1.1 99 Duquesne Avenue

1.1.2 165 Duquesne Avenue

1.1.3 511 Ridgeview Drive

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 one year 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 one-year 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 one-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 NOT apply to this agreement.

1. GENERAL COUNTY CONDITIONS

A. General Compliance with Applicable Laws and Regulations

1. General HUD and CDBG Program Requirements

The Subrecipient agrees to abide by the requirements of Title 24 of the Code of Federal Regulations, Part 5 (requirements applicable to all HUD programs), Title 24 of the Code of Federal Regulations Part 570 (HUD's regulations concerning the operation and administration of the CDBG

Program), and all other laws and regulations applicable to the CDBG

Program. Subrecipient acknowledges that it has received a copy of the document entitled "Playing by the Rules: A Handbook for CDBG

Subrecipients on Administrative Systems." Copies of the regulations governing the CDBG Program and all other laws and regulations applicable to the CDBG Program may be obtained from the Department or are available for inspection at https://www.hudexchanqe.info/resource/687/playinq-by-the-rules-a-handbook-for-cdbq-subrecipients-on-administrative-systems/

2. Compliance With Applicable Health And Safety Requirements

(a) Subrecipient's Obligation

The Subrecipient agrees to abide by all building codes, zoning ordinances and other related health, safety and welfare statutes, ordinances, rules and regulations imposed by any federal, state or local governing body that are applicable to the Subrecipient's provision or performance of the Scope of Services under this

Agreement.

(b) Permits

(i) The Subrecipient shall obtain any and all federal, state and local permits, licenses, and/or certifications required to provide, perform or carry out the work or services described in Exhibit

"A." The Subrecipient agrees to provide copies or other proper proof of applicable permits, licenses and/or certifications to the Department upon request.

(ii) The Subrecipient shall immediately inform the

Department if it has received notice of any change in any permit, license or certification that would adversely affect the Subrecipient's ability to provide, perform or carry out the Scope of Services under this Agreement.

B. No Co-Partnership For Subrecipient

It is understood and agreed that nothing herein contained is intended or shall be construed to in any respect create or establish the relationship of co partners between the parties, or as constituting the Subrecipient as an employee, agent, servant or representative of the Department or the County for any purpose whatsoever. At all times, the Subrecipient shall provide, perform, and carry out the Scope of Services under this Agreement as an independent contractor.

C. Indemnification

1. General Promise of Indemnification

The Subrecipient agrees to indemnify, protect, defend and hold harmless the County, its elected officials, officers, appointees and employees from and against any and all liability, damages, claims, lawsuits, liens and judgments of whatever nature, including but not limited to, claims for contribution and/or indemnification, for injuries to or the death of any person(s), and/or the loss of real, personal or intangible property of any kind or nature caused by, in conjunction with, or arising out of the Scope of

Services provided, performed, carried out or undertaken by the Subrecipient pursuant to this Agreement. The obligation of the Subrecipient to indemnify, protect, defend and hold the County harmless, as set forth in this subparagraph, shall include any and all attorney's fees incurred by the

County, in the defense of and/or handling of any lawsuits, demands, liens, judgments, claims and the like and all attorney's fees and investigation expenses incurred by the County in enforcing and/or obtaining compliance with the provisions of this subparagraph.

2. Indemnification - Worker Compensation Claims

The Subrecipient agrees to indemnify, protect, defend and hold harmless the County, its elected officials, officers, appointees and employees from any claims against or liability for compensation under the

Pennsylvania Worker's Compensation Act, 77 P.S. § 1 et seq., arising out of injuries sustained by any employees or agents of the Subrecipient or of any licensees or sub-contractors of the Subrecipient.

3. Notices of Claims and Lawsuits

Each party shall give to the other party prompt and timely written notice of any claims made or lawsuits filed, which, in any way, directly or indirectly, contingently or otherwise affect or may affect the other party. Each party shall have the right to defend and compromise any claim or lawsuit to the extent of its own interest.

D. Insurance And Bonding Requirements

1. Insurance

(a) At its own cost and expense, the Subrecipient shall maintain policies of insurance in effect at all times throughout the term of this

Agreement that meet the requirements specified by the Department in the document marked "INSURANCE REQUIREMENTS," which is incorporated by reference in its entirety herein and attached hereto as Exhibit "C" to this Agreement. All policies of insurance shall be endorsed to include the County, its elected officials, officers, appointees and employees as additional insureds.

(b) Prior to or contemporaneously with the execution of this

Agreement, the Subrecipient shall provide the Director with a

Certificate(s) of Insurance issued by a company or companies licensed to do business in the Commonwealth of Pennsylvania evidencing the insurance coverage(s) identified in Exhibit "C."

Throughout the term of this Agreement, the Subrecipient shall provide the Director within thirty (30) days of expiration evidence of insurance coverage(s) identified in Exhibit "C." Such evidence shall include, but necessarily be limited to, new Certificate(s) of such insurance coverage.

(c) In addition to identifying the County, its elected officials, officers, appointees and employees as additional insureds, the

Certificate(s) of Insurance shall provide that the insurance company notify the Director in writing, at least thirty (30) days prior to any termination of the policy or any alterations in the policy that would change, restrict or reduce the insurance provided or change the name of the insured.

(d) The Director may, at his discretion, waive or modify any of the insurance requirements set forth in Exhibit "C" with the exception of

Worker's Compensation Insurance, which is required by Pennsylvania law. The Subrecipient's request for a waiver of the insurance requirements must be set forth in writing and state the specific reasons that the waiver is being requested.

2. Bonding

(a) Subrecipient shall furnish County with verification of employee dishonesty insurance or fidelity bonding of all employees of

Subrecipient who are responsible for the administration of CDBG funds provided by the County to the Subrecipient under this

Agreement in accordance with the requirements set forth at Exhibit

"C" hereto.

(b) If the Subrecipient is a governmental body, the Subrecipient shall require its approved subcontractors to furnish bid performance and payment bonds as required by State and Local law. If the

Subrecipient is not a governmental body, the Subrecipient shall require its approved subcontractors to furnish bonds in such types and amounts as required by the DIRECTOR or designee.

(c) In all contracts for construction or facility improvements in excess of $100,000.00, Subrecipient shall adhere to the bonding requirements set forth in 2 CFR Part 200, Exhibit "C", entitled

Bonding and Insurance:

(i) A bid guarantee from each bidder equivalent to five percent of the bid price. This bid guarantee shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid, as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

(ii) A Performance Bond on the part of the contractor(s) for one hundred percent of the contract price to secure fulfillment of all the contractor(s) obligations under this contract.

(iii) A payment bond on the part of the contractor for 100 percent of the contract price to secure fulfillment of all the contractor(s) obligations under this contract.

(iv) Exceptions to the foregoing bonding requirement only may be made by HUD after a prior determination has revealed that HUD's interest is adequately protected.

E. Absence of Rights in Third Parties

No provision of this Agreement shall be construed in any manner so as to create any rights in third parties who are not signatories to this Agreement. It shall be interpreted solely to define specific duties and responsibilities between the County and the Subrecipient, and shall not provide any basis for claims of any other individual, partnership, corporation, organization or municipal entity.

F. Assignment and Delegation

The Subrecipient shall have no right or power to assign or delegate any rights or duties pursuant to this Agreement without the prior written permission of the Director.

Any assignment or delegation so permitted shall be subject to all the terms, conditions, and other provisions of this Agreement and Subrecipient shall remain liable to the

County with respect to each and every term, condition and other provision hereof to the same extent that the Subrecipient would have been obligated if no assignment or delegation had been made.

G. Subcontracting

1. General Prohibition

Except for those contracts or subcontracts specifically authorized as part of the Scope of Services for this Agreement, the Subrecipient shall neither enter into any agreements with any Contractor for any of the services contemplated under this Agreement nor allow any approved Contractor to enter into any agreements with any Subcontractor for any of the services contemplated under this Agreement without obtaining prior written approval of the Director.

2. General Rules for Subcontracting

(a) When the Director authorizes any subcontracting for part of the Scope of Services, the Subrecipient agrees to accept full responsibility for the quality and quantity of any work performed by any of its approved

Contractor or Subcontractor as part of the Scope of Services.

(b) In any subcontracting authorized or permitted under this

Agreement, the Subrecipient shall require all Contractors and Subcontractors to comply with all requirements as set forth in this Agreement, in the Exhibits to this Agreement as well as all applicable federal, state or local requirements governing the provision or performance of the Scope of Services.

1. Veteran- Owned Small Business

In accordance with Allegheny County Ordinance No. 6867-12, the Subrecipient and its Contractors and Subcontractors are required to make a good faith effort to meet the County's Veteran-Owned Small Business participation goal of five percent (5%) of the work, services or activities to be performed as part of the Scope of Services under this Agreement.

In order to demonstrate a good faith effort in meeting this County goal, the

Subrecipient and its Contractors and Subcontractors shall complete and submit…