4-CD 50-3.10.8 D-B Wages, Federal Terms and Conditions.pdf

PDF 6 MB Posted

Attached to
2025-BRP-017 Port Vue Demolition
Solicitation number
Not on record
Issued by
Allegheny County, Pennsylvania

About this file

Park and Newton Street Reconstruction - Braddock Hills Borough Project

This is a wage determination document and contract opportunity notice issued by Allegheny County in conjunction with the Steel Rivers Council of Governments (Steel Rivers COG) for the Park and Newton Street Reconstruction project (CD 50-3.10.8) in Braddock Hills Borough. The project scope includes core sampling and milling of existing pavement, road base repair, installation of binder and wearing courses, wedge curb and concrete curb installation, and associated work on Park Avenue from Wilkins to McKinley and Newton Road from Wilkins to 4th Street. A mandatory pre-bid meeting is scheduled for April 16, 2026, at 10:00 am on-site, with sealed proposal submissions required via PennBid by 10:00 am on April 23, 2026. Public bid opening will occur immediately following the submission deadline. The project has a required completion timeline of 45 days from contract award. Successful bidders must enter into an agreement immediately after notification and commence construction work thereafter.

Bidders must submit a bid bond equal to 10 percent of the proposal amount as a performance guarantee. The project is subject to prevailing wage requirements under the Davis-Bacon Act, with wage rates established by the Secretary of Labor's Area Wage Decision PA20260002 (Heavy and Highway) dated January 30, 2026, and effective through July 22, 2026. Compliance is mandatory with Title VI of the Civil Rights Act of 1964, the Department of Labor Equal Opportunity Clause, Executive Orders 11625 and 12138, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Allegheny County MBE/WBE Program (13 percent Minority and 2 percent Female Business Enterprise participation goals), and Allegheny County Ordinance #6867-12 (5 percent Veteran-Owned Small Business goal). The project is a Section 3 Project under the Housing and Urban Development Act of 1968, requiring maximum feasible utilization of lower-income residents for training and employment opportunities. Funding is provided through CDBG grants under project designation CD 50-3.10.8.

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1-Affidavits, Certifications, Instruction, Selection Procedures, Sample contract.pdf PDF
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Text version

Sara Innamorato County Executive

ALLEGHENYCOUNTY OF

March 26, 2026

Steel Rivers Council of Governments Attn: Jennifer Kwiatek 1705 Maple Street Homestead, PA 15120

Dear Ms. Kwiatek:

In reply to your request for a wage decision, received March 25, 2026, enclosed is a copy of the Secretary of Labor's Area Wage Decision PA20260002 Heavy and Highway, dated 01/30/2026 with 3 modifications, setting the prevailing wages for:

CD 50-7.6c/ CD 51-7.6b - Street Reconstruction - Glassport

CD 50-3.10.8 - Braddock Hills Street Reconstruction

The Bid Opening Date is April 23, 2026. If there is any change in the Bid Opening Date, please notify our office immediately. Please note that the Prime Contractor must be awarded within 90 days of your bid opening or this wage decision will be void and will need updated.

A photocopy of the wage schedule must be incorporated in the contract documents applicable to this work without changes or omissions of classifications, wage rates or fringe benefits. Supersedeas actions or actions modifying this decision received more than ten (10) days prior to the opening of bids shall be applicable. Supersedeas actions or actions modifying this decision received less than ten (10) days prior to the opening of bids shall be disregarded.

WH Publication 1321 (Notice to Employees Working on Federal or Federally Financed Construction Projects) will be furnished at a preconstruction conference. This publication, along with a legible wage rate schedule, must be displayed prominently during the entire course of the work.

These wages will expire on July 22, 2026.

If you have any questions, please feel free to contact me at 412-350-1194.

Sincerely, Matthew McLain Compliance Monitor

Lauren Connelly, Director Allegheny County Economic Development

Koppers Building • 436 Seventh Ave, Suite 500• Pittsburgh, PA 15219 Phone (412) 350-1000 • www.alleghenycounty.us/econdev

"General Decision Number: PA20260002 01/30/2026

Superseded General Decision Number: PA20250002

State: Pennsylvania

Construction Types: Heavy and Highway

Counties: Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Lawrence, McKean, Mercer, Mifflin, Potter, Somerset, Venango, Warren, Washington and Westmoreland Counties in Pennsylvania.

HEAVY AND HIGHWAY CONSTRUCTION PROJECTS (excluding sewer grouting projects and excluding sewage and water treatment plant projects)

Modification Number Publication Date 0 01/02/2026 1 01/09/2026 2 01/23/2026 3 01/30/2026

BOIL0013-005 01/01/2025

CENTRE, FRANKLIN, POTTER, CLINTON, FULTON, HUNTINDON AND

MIFFLIN COUNTIES

Rates Fringes

BOILERMAKER......................$ 55.00 35.48

BOIL0154-004 01/01/2025

ALLEGHENY, ARMSTRONG, BEAVER, BEDFORD, BLAIR, BUTLER, CAMBRIA,

CAMERON, CLARION, CLEARFIELD, CRAWFORD, ELK, FAYETTE, FOREST,

GREENE, INDIANA, JEFFERSON, LAWRENCE, MCKEAN, MERCER, SOMERSET,

VENANGO, WARREN, WASHINGTON AND WESTMORELAND COUNTIES

Rates Fringes

BOILERMAKER......................$ 48.28 33.17

BOIL0744-003 07/01/2008

ERIE COUNTY

Rates Fringes

BOILERMAKER......................$ 35.34 18.48

BRPA0005-033 05/01/2022

MIFFLIN COUNTY

Rates Fringes

Bricklayer, Stonemason...........$ 32.66 21.58

BRPA0005-046 05/03/2020

FRANKLIN COUNTY

Rates Fringes

Bricklayer, Stonemason...........$ 33.99 16.87

BRPA0005-071 05/03/2020

CLINTON COUNTY

Rates Fringes

BRICKLAYER.......................$ 34.17 17.20

BRPA0009-004 12/01/2022

BEDFORD, BLAIR,CAMBRIA, CENTRE COUNTY (Halfmoon, Houston, Patton, Rush,Taylor and Worth Townships),FULTON, HUNTINGDON, and SOMERSET COUNTIES

Rates Fringes

Bricklayer, Stonemason & Marble Setter....................$ 34.14 22.00

BRPA0009-006 12/01/2022

CLEARFIELD, FOREST, JEFFERSON, VENANGO, AND CLARION (Except Brady, Madison, Perry, Porter, Redbank, and Toby Townships)

COUNTIES

Rates Fringes

Bricklayer, Stonemason...........$ 34.14 22.77 Marble mason.....................$ 34.14 22.77

BRPA0009-023 12/01/2022

BEAVER COUNTY

Rates Fringes

BRICKLAYER.......................$ 35.28 24.49

BRPA0009-025 12/01/2022

BUTLER, LAWRENCE, AND MERCER COUNTIES

Rates Fringes

BRICKLAYER.......................$ 34.73 24.14

BRPA0009-032 06/01/2017

FAYETTE (Jefferson & Washington Twps), GREENE (Except Cumberland, Dunkirk, Greene, Monongahelia Twps), INDIANA, AND WESTMORELAND (Rostraver Twp) COUNTIES

BRICKLAYER.......................$ 31.00 20.66

BRPA0009-033 12/01/2022

ARMSTRONG, CLARION (Brady, Madison, Perry, Tobe, Porter, Redbank Twps), FAYETTE (Except Jefferson & Washington Twps), GREENE (Cumberland, Dunkirk, Greene, Monongahelia Twps), INDIANA, AND WESTMORELAND (Except Rostrave Twp) COUNTIES

Rates Fringes

BRICKLAYER.......................$ 36.55 24.46

BRPA0009-034 11/01/2019

ERIE COUNTY

Rates Fringes

BRICKLAYER.......................$ 28.64 21.86

BRPA0009-058 06/01/2020

ALLEGHENY, WASHINGTON (Cross Creek, Hanover, Jefferson, Mt Pleasant, Nottingham, Peters, Robinson, Smith, Union Twps)

COUNTIES

Rates Fringes

BRICKLAYER.......................$ 34.05 22.81

BRPA0009-059 12/01/2022

CAMERON, ELK, McKEAN, POTTER AND WARREN COUNTIES

Rates Fringes

BRICKLAYER.......................$ 31.62 22.81

* CARP0274-001 01/01/2026

Rates Fringes

PILEDRIVERMAN

Piledriverman (welder)......$ 44.63 23.42 Piledriverman...............$ 43.13 23.42

* CARP0274-002 01/01/2026

Rates Fringes

Diver............................$ 64.70 23.42 Tender...........................$ 43.13 23.42

CARP0443-004 06/01/2024

Rates Fringes

MILLWRIGHT.......................$ 43.00 23.44

* CARP2274-001 01/01/2026

CARPENTER (ALLEGHENY,

ARMSTRONG, BEAVER, BUTLER,

ERIE, FAYETTE, GREENE,

LAWRENCE, MERCER, WASHINGTON,

AND WESTMORELAND COUNTIES)

Carpenters (Welders)........$ 44.10 22.84 Carpenters..................$ 42.60 22.84

CARPENTER (BEDFORD, BLAIR,

CAMBRIA, CAMERON, CENTRE,

CLARION, CLINTON, CLEARFIELD,

CRAWFORD, ELK, FOREST,

FRANKLIN, FULTON, HUNTINGDON,

INDIANA, JEFFERSON, MCKEAN,

MIFFLIN, POTTER, SOMERSET,

VENANGO, AND WARREN COUNTIES)

Carpenters (Welders)........$ 43.85 22.84 Carpenters..................$ 42.35 22.84

ELEC0005-006 12/26/2025

ALLEGHENY, ARMSTRONG, BEDFORD, BLAIR, BUTLER CAMBRIA, CAMERON,

CENTRE (Remainder), CLARION, CLEARFIELD, ELK, FAYETTE, FULTON, GREENE, HUNTINGDON, INDIANA, JEFFERSON, MCKEAN, SOMERSET, VENANGO, WASHINGTON, AND WESTMORELAND COUNTIES

Rates Fringes

ELECTRICIAN......................$ 49.11 36.79

ELEC0056-004 06/01/2025

ERIE, FOREST AND WARREN COUNTIES

Rates Fringes

ELECTRICIAN......................$ 43.25 26.56

ELEC0126-005 06/03/2024

ALLEGHENY, ARMSTRONG, BEAVER, BEDFORD, BLAIR, CAMBRIA, CENTRE,

CLARION, CLEARFIELD, FAYETTE, FULTON, GREENE, HUNTINGDON,

INDIANA, JEFFERSON, SOMERSET, WASHINGTON AND WESTMORELAND

Rates Fringes

Line Construction:

Cable Splicer...............$ 54.38 34.25%+11.50 Groundman...................$ 32.63 34.25%+11.50 Lineman.....................$ 54.38 34.25%+11.50 Truck Driver................$ 35.35 34.25%+11.50 Winch Truck Operator........$ 38.07 34.25%+11.50

ELEC0126-007 06/03/2024

FRANKLIN AND MIFFLIN COUNTIES

Rates Fringes

Line Construction:

Cable Splicer...............$ 53.20 34.25%+11.50 Groundman...................$ 31.92 34.25%+11.50

Lineman.....................$ 53.20 34.25%+11.50 Truck Driver................$ 34.58 34.25%+11.50 Winch Truck Operator........$ 37.24 34.25%+11.50

ELEC0143-007 06/01/2025

FRANKLIN and MIFFLIN COUNTIES

Rates Fringes

ELECTRICIAN......................$ 40.00 27.42

ELEC0712-003 12/29/2025

CRAWFORD, BEAVER, LAWRENCE AND MERCER COUNTIES

Rates Fringes

ELECTRICIAN......................$ 51.45 29.77

ELEC0812-008 06/01/2025

CLINTON COUNTY

Rates Fringes

ELECTRICIAN......................$ 40.47 26.51

ELEC0812-009 06/01/2025

POTTER COUNTY

Rates Fringes

ELECTRICIAN......................$ 41.48 26.54

ELEC0812-011 06/01/2025

CENTRE COUNTY (Burnside, Curtin, Liberty, Howard, Marion, Walker, Miles, Haines Townships)

Rates Fringes

ELECTRICIAN......................$ 40.47 26.51

ELEC1319-004 09/01/2025

BUTLER, CAMERON, CLINTON, CRAWFORD, ELK, ERIE, FOREST,

LAWRENCE, MCKEAN, MERCER, VENANGO, WARREN AND POTTER COUNTIES

Rates Fringes

Line Construction:

Equipment Operator..........$ 68.06 31.43 Groundmen...................$ 42.20 16.02 Linemen.....................$ 68.06 31.43 Truck Driver................$ 44.24 16.21

* ENGI0066-016 01/01/2026

Power equipment operators:

(ALLEGHENY, ARMSTRONG,

BEAVER, BLAIR, BUTLER,

CAMBRIA, CENTRE, CLARION,

CLEARFIELD, CRAWFORD, ERIE,

ELK, FAYETTE, GREENE,

INDIANA, JEFFERSON, LAWRENCE,

MCKEAN, MERCER, SOMERSET,

VENANGO, WARREN, WASHINGTON,

AND WESTMORELAND COUNTIES)

GROUP 1.....................$ 41.96 24.66

GROUP 1-A...................$ 44.96 24.66

GROUP 1-B...................$ 43.96 24.66

GROUP 2.....................$ 41.70 24.66

GROUP 3.....................$ 38.05 24.66

GROUP 4.....................$ 37.59 24.66

GROUP 5.....................$ 37.34 24.66

Power equipment operators:

(BEDFORD, CAMERON, CLINTON,

FOREST, FRANKLIN, FULTON,

HUNTINGDON, MIFFLIN, AND

POTTER COUNTIES)

GROUP 1.....................$ 41.67 24.66

GROUP 1-A...................$ 44.67 24.66

GROUP 1-B...................$ 43.67 24.66

GROUP 2.....................$ 41.39 24.66

GROUP 3.....................$ 37.75 24.66

GROUP 4.....................$ 37.26 24.66

GROUP 5.....................$ 37.05 24.66

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1 - Asphalt Paving Machine (Spreader), Autograde (C.M.I. and similar); Backfiller, Compactor with Blade, Backhoe - 360 and 180 degree Swing; Cableway; Caisson Drill (similar to Hugh Williams), Central Mix Plant; Cooling Plant; Concrete Paving Mixer, Concrete Pump (self-propelled); Cranes; Cranes (boom or mast over 101ft.$.50 per each additional 50 feet inclusive of jib), Cranes (Tower Stationary- Climbing Tower Crane); Derrick; Derrick Boat; Dozer(greater than 25,000 lbs.); Dragline; Dredge;

Dredge Hydraulic; Elevating Grader; Franki Pile Machine;

Gradall (remote control or otherwise),Grader (power-fine grade); Hllift (4 cy. and over); Hoist 2 Drums or more (in one unit); Hydraulic Boom Truck with pivotal cab (single motor-Pitman or similar),Hydraulic Boom Truck (non pivotal cab); Hydro-pneumatic Excavation Equipment (or similar);

(Boom and Mast over 101 feet will be paid an additional 50 feet inclusive of jib if used;) Kocal; Mechanic, Locomotive (std. Gauge); Metro-chip Harvester or similar; Milling Machine (Roto Mill or similar); Mix Mobile; Mix Mobile (with Self Loading Attachment), Mucking Machine (tunnel);

Pile Driver Machine; Pipe Extrusion Machine; Prespliter Drill (self contained); Refrigeration Plant (soil Stablization) Rough Terrain Crane (25 ton over) (Boom and Mast over 101 feet will be paid an additional 50 feet inclusive of jib if used); Rough Terrain Crane (under 25 ton), Scrapers; Shovel-Power; Slip form Paver (C.M.I. and similar); Trenching Machine (30,000 lbs. and over), Trenching Machine (under 30,000 lb.), Tunnell Machine (Mark XXI Jarva or similar), Vermeer Saw, Whirley, Mechanic, Compactor with blade

GROUP 1-A Backhoes-360 degree swing (above 120,000 lbs. gross weight); Cranes (over 100 tons), Cranes-Rough Terrain (over 100 ton); Tug Boat Pilot (on boats over 800 horsepower)

GROUP 1-B Backhoes-360 degree swing (above 70,000 lbs. to 120,000 lbs. gross weight); Cranes (up to 100 ton), Cranes-Rough Terrain (65 ton-100 ton), Tower Crane

GROUP 2: Asphalt plant operator; auger (tractor mtd.); auger (truck mtd.); belt loader (euclid or similar); boring machine; cable placer or layer; Directional drill over 3,000 lbs thrust; concrete batch plant (electronically synchronized); concrete belt placer (C.M.I. and similar);

concrete finishing machine and spreader, concrete mixer (over 1 cy.) concrete pump (stationary); core drill (truck or skid mtd. - similar to penn drill), dozer (25,000 lbs or less); Ditch Witch Saw, force feedloader; fork lift (lull or similar); grader - power; grease unit opertor (head);

guard rail post driver (truck mounted) guard rail post driver (skid type); hilift (under 4 cy.); skid steer loader; hydraulic boom truck (non-pivotal cab); job work boat (powered), jumbo operator; locomotive (narrow guage);

minor equipment operator (accumulative four units); mucking machine; multi-head saw (groover); overhead crane; roller -power- asphalt; ross carrier; side boom or tractor mounted boom; shuttle buggy (asphalt), stone crusher (screening-washing plants); stone spreader (self propelled) truck mounted drill (davey or similar); welder and repairman; well point pump operator; bidwell concrete finishing machine (or similar).

GROUP 3: Broom Finisher (C.M.I. or similar);

Compactors/Rollers (static or vibratory (Self-propelled) on dirt or stone; Curb Builder; Minor Equipment Opertor (two or three units); Multi-head Tie Tamper; Pavement Breaker (self-propelled or ridden); Soil Stablizer Machine; Tire Repairman; Tractor (snaking and hauling); Well Driller and Horizontal: Winch or ""A"" Frame Truck (when hoisting and lowering).

GROUP 4: Ballast Regulator; Compressor; Concrete Mixer (1

cy. & under with skip); Concrete Saw (Ridden or selp-propelled); Conveyor; Elevator (Material hauling only); Fork-lift (Ridden or self-propelled); Form Line Machine; Generator; Groute Pump; Heater (Machinical); Hoist (single Drum); Ladavator, Light Plant; Mulching Machine;

Personnel Boat (Powered), Pulverizer, Pumps, Seeding Machine, spray Cure Machine (powered Driven); Subgrader;

Tie Puller; Tugger; Welding Machine (Gas or Diesel).

GROUP 5: Deck Hand; Farm Tractor; Fireman on Boiler; Oiler;

Power Broom; Side Delivery Shoulder Spreader (attachment);

IRON0003-001 06/01/2023

ALLEGHENY, FAYETTE, WESTMORELAND, CAMBRIA, INDIANA, ARMSTRONG,

BUTLER, BEAVER, CLARION, AND WASHINGTON COUNTIES

Rates Fringes

IRONWORKER.......................$ 38.89 34.54

IRON0003-007 06/01/2023

BLAIR, CAMERON, CENTRE, CLEARFIELD, CLINTON, ELK, JEFFERSON,

MCKEAN, AND POTTER COUNTIES

IRONWORKER.......................$ 32.29 32.41

IRON0003-011 06/01/2023

CRAWFORD, ERIE, FOREST, AND WARREN COUNTIES

Rates Fringes

IRONWORKER.......................$ 33.57 32.23

IRON0207-002 06/01/2025

LAWRENCE, MERCER, AND VENANGO COUNTIES

Rates Fringes

IRONWORKER.......................$ 36.26 28.16

IRON0404-008 07/01/2024

FRANKLIN (Remainder), HUNTINGDON (Remainder), AND MIFFLIN

COUNTIES

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 37.26 32.63

IRON0549-002 12/01/2022

GREENE COUNTY

Rates Fringes

IRONWORKER.......................$ 35.19 25.66

IRON0568-004 05/01/2025

BEDFORD, FRANKLIN (Southwest 1/3), FULTON, HUNTINGDON (Western

2/3), AND SOMERSET COUNTIES

Rates Fringes

IRONWORKER

Structural, Ornamental, Reinforcing, Machinery Mover, Rigger & Machinery Erector, Welder, Fence Erector.....................$ 31.65 24.50

* LABO1058-001 01/01/2026

Rates Fringes

LABORER (BEDFORD, CAMERON,

CENTRE, CLINTON, CRAWFORD,

FOREST, FRANKLIN, FULTON,

HUNTINGDON, JEFFERSON,

MIFFLIN, AND POTTER COUNTIES)

GROUP 1.....................$ 34.60 27.00

GROUP 2.....................$ 34.76 27.00

GROUP 3.....................$ 35.25 27.00

GROUP 4.....................$ 35.70 27.00

GROUP 5.....................$ 36.11 27.00

GROUP 6.....................$ 32.95 27.00

GROUP 7.....................$ 34.60 26.00

GROUP 8.....................$ 36.10 26.00

Laborers: (ALLEGHENY, ARMSTRONG, BEAVER, BLAIR, BUTLER, CAMBRIA, CLARION, CLEARFIELD, ELK, ERIE, FAYETTE, GREENE, INDIANA, LAWRENCE, MCKEAN, MERCER, SOMERSET, VENANGO, WARREN, WASHINGTON, AND WESTMORELAND

COUNTIES)

GROUP 1.....................$ 34.70 27.00

GROUP 2.....................$ 34.86 27.00

GROUP 3.....................$ 35.25 27.00

GROUP 4.....................$ 35.70 27.00

GROUP 5.....................$ 36.11 27.00

GROUP 6.....................$ 32.95 27.00

GROUP 7.....................$ 34.70 26.00

GROUP 8.....................$ 36.20 26.00

LABORERS CLASSIFICATIONS

GROUP 1: Asphalt curb sealer; Asphalt tamper; Batcherman (weigh) Blaster,Boatman, Brakeman, Change house attendant, Coffer dam, Concrete curing pitman, Puddler, Drill Runner's helper (Includes Drill Mounted on Truck, Track, or similar and Davey Drill Spots, Clean up, helps to maintain), Electric Brush and or Grinder, Fence Construction (Including Fence Machine Operator) Form stripper and Mover, Gabion (Erectors and Placers) Hydro jet blaster nozzleman;

Landscape laborer, Manually moved emulusion sprayer, Radio actuated traffic control operator Rip rap work, scaffolds and Runways, Sheeters and Shorers (includes lagging) structural concrete Top Surfacer, Walk Behind Street Sweeper, and Wood Chipper; water boy

GROUP 2: Air tool operator (all types); Asphalt, batch & concrete plant operator (manually operated) Burner, Caisson; men (open air); Carryable pumps; Chain saw operator including attachments, Cribbing, (concrete or steel); Curb machine operator (asphalt or concrete walk behind); Diamond head Core Drller, Drill runner's helper (tunnel) Fork Lift, (walk behind), Form Setter (Road Forms Line man) Highway Slab reinforcement placers (including joint and Basket Setters) Hydraulic pipe pusher; Liner plates (Tile or Vitrified Clay) Mechanical compacting equipment operators, Mechanical joint sealer, Dope pot and Tar Kettle, Mortar mixer (hand or machine) Muckers, Brakemen & all other Labor, (Includes installation of utility lines) Pipe Layers /Fusion /Heating Iron (Regardless of materials) Portable Single Unit Conveyor, Post Hole Auger, (2 or 4 cycle hand operated) Power wheelbarrows and buggies, Rail porter or similar; Sand blaster;Signal Man,Vibrator operator, All RAILROAD TRACK WORK TO INCLUDE THE FOLLOWING: adzing machine, ballast Router, Bolting Machine, Power Jacks, Rail Drills, Railroad Brakeman,Rail Saws, Spike Drivers (Manually or hand held tool) Spike Pullers Tamping Machine, Thermitweld

GROUP 3: Asphalt Luteman/Raker,Blacksmith, Blaster, Brick, stone and block pavers and block cutters (wood, belgian and asphalt); Cement mortar lining car pusher; Cement mortar mixer (pipe relining); Cement mortar pipe reliners;

concrete saw operator (walk behind); Curb cutters and setters; Elevated roadway drainage construction; erector of overhead signs, Form setter (road forms-lead man); Grout machine operator; Gunite or dry pack gun (nozzle and machine man); Manhole or catch basin builder (Brick block concrete or any prefabrication) Miners and drillers (including lining, supporting and form workmen, setting of shields, miscellaneous equipment and jumbos); Multi-plate pipe (aligning and securing); Placing wire mesh on gunite projects; Wagon drill operators (air track or similar);

Walk behind ditching machine (trencher or similar);crown screed adjuster and welder

GROUP 4: Reinforcing Steel Placer (Bending, aligning, and securing, Cadweld)

GROUP 5:High Burner, (Any burning not done from deck), Welder (Pipeline)

GROUP 6: Uniformed Flagperson, Watchman

GROUP 7: Toxic/Hazardous Waste Removal Laborer Levels C & D

GROUP 8: Toxic/Hazardous Waste Removal Laborer Levels A & B

PAIN0021-019 05/01/2021

CLINTON COUNTY

Rates Fringes

Painters:

Bridge......................$ 36.67 18.80 Brush & Roller..............$ 29.02 21.14 Spray.......................$ 30.02 21.14

PAIN0021-024 05/01/2021

FRANKLIN COUNTY

Rates Fringes

PAINTER

Brush.......................$ 25.84 16.30

PAIN0057-014 06/01/2023

ALLEGHENY, FAYETTE, GREENE, WASHINGTON COUNTIES

Rates Fringes

Painters:

Bridge......................$ 38.33 23.72 Brush & Roller..............$ 30.56 23.72 Spray.......................$ 30.56 23.72

PAIN0057-015 06/01/2023

ARMSTRONG, BEAVER, BEDFORD, BLAIR, BUTLER,CAMBRIA, CENTRE,

CLARION, CLEARFIELD, ELK, FULTON, HUNTINGTON, INDIANA,

JEFFERSON, LAWRENCE, MERCER, MIFFLIN, SOMERSET, VENANGO AND

WESTMORELAND COUNTIES

Painters:

Bridge......................$ 38.33 23.72 Brush and Roller............$ 30.56 23.72 Spray.......................$ 30.56 23.72

PAIN0057-022 05/01/2024

Rates Fringes

Painters: (ERIE, McKEAN, AND WARREN (Including Columbus and Freehold twps) COUNTIES) Bridges,Stacks,Towers.......$ 28.87 24.89 Brush and Roller............$ 26.37 24.89 Spray and Sandblasting......$ 27.12 24.89

PAIN0057-027 06/01/2023

CAMERON, CRAWFORD, POTTER, WARREN, (Excluding Columbus and Freehold twps)

Rates Fringes

PAINTER

Brush and Roller............$ 30.56 23.72

* PLAS0526-002 01/01/2026

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 37.44 28.00

PLUM0027-001 06/01/2023

ALLEGHENY, ARMSTRONG, BEAVER, BUTLER, CLARION, GREENE (Except extreme Eastern portion), LAWRENCE, WASHINGTON (Except extreme Eastern portion) and WESTMORELAND (City of Arnold and City of New Kensington Only) COUNTIES

Rates Fringes

Plumbers and Pipefitters (Bridge Drain Pipe)..............$ 48.65 25.47

PLUM0027-009 06/01/2023

CRAWFORD, ERIE, FOREST, MCKEAN, MERCER, VENANGO and WARREN

COUNTIES

Rates Fringes

Plumbers and Pipefitters (Bridge Drain Pipe)..............$ 46.98 25.47

PLUM0354-005 06/01/2012

BEDFORD, BLAIR, CAMBRIA, CAMERON, CLEARFIELD, ELK, FAYETTE,

GREENE (Extreme Eastern portion), HUNTINGDON, INDIANA, JEFFERSON, SOMERSE, WASHINGTON (Extreme Eastern portion), AND

WESTMORELAND COUNTIES

Rates Fringes

Plumbers and Pipefitters (Bridge Drain Pipe)..............$ 35.54 19.97

TEAM0040-006 01/01/2026

Rates Fringes

TRUCK DRIVER (ALLEGHENY,

ARMSTRONG, BEAVER, BLAIR,

BUTLER, CAMBRIA, CENTRE,

CLARFIELD, CRAWFORD, ERIE,

FAYETTE, GREENE, INDIANA,

JEFFERSON, LAWRENCE, MCKEAN,

MERCER, SOMERSET, VENANGO,

WARREN, WASHINGTON, AND

WESTMORELAND)

GROUP 1.....................$ 37.93 23.71

GROUP 2.....................$ 38.39 24.02

Truck drivers: (BEDFORD, CAMERON, CLAIRON, CLINTON, ELK, FOREST, FRANKLIN, FULTON, HUNTINGDON, MIFFLIN, AND POTTER COUNTIES)

GROUP 1.....................$ 37.79 23.63

GROUP 2.....................$ 38.25 23.93

FOOTNOTES: A. Hazardous/toxic waste material/work level A & B receive additional $2.50 per hour above classification rate

B. Hazardous/toxic waste materials/Work level C & D receive $1.00 per hour above classification

TRUCK DRIVERS CLASSIFICATIONS

GROUP 1 - Single Axle (2 axles including steering axle);

Includes partsman and warehoueman. Tandem - Tri-Axle - Semi-Tractor Trailer (combination) (3 axles or more including steering axle)

GROUP 2 - Specialty Vehicles; Heavy equipment whose capacity exceeds that for which state licenses are issued specifically refers to units in excess of eight (8) feet width (such as Euclids, Atley Wagon, Payloder, Tournawagons, and similar equipment when not self loaded);

Tar and Asphalt Distributors Trucks, Heavy Duty Trailer, such as Low Boy, High Boy

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded.

If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION"

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.

http://www.hudexchanqe.info/resource/687/playinq-by-the-rules-a-http://www.hudexchanqe.info/resource/687/playinq-by-the-rules-a-

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 to the Department a M/W/DBE/VOSB Participation Statement which details the efforts made by the Subrecipient and its Contractors and

Subcontractors to obtain such VOSB participation. The Subrecipient and its

Contractors and Subcontractors also shall require any person or entity claiming status as a VOSB to provide proof of veteran ownership including percentage & name and address of business.

H. No Personal Liability

No elected official, officer, appointee or employee of the County shall be charged personally or held contractually liable by or to the Subrecipient under any term or provision of this Agreement or because of any breach hereof or because of his, her or their execution, approval or attempted execution of this Agreement.

I. Non-Waiver by County

A failure by the County to take any action with respect to any default or violations by the Subrecipient of any of the terms, conditions, or covenants of this

Agreement shall not in any way limit, prejudice, diminish or constitute a waiver of any right of the County to act with respect to any prior, contemporaneous or subsequent violation or with respect to any continuation or repetition of the original violation or default under this Agreement.

J. Modification or Amendment

1. Need for Written Amendment

The parties may amend or modify this Agreement at any time provided that such amendments or modifications make specific reference to this Agreement and are executed in writing by a duly authorized representative of each party. Such amendment or modification shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement.

2. Amendment at County's Discretion

The County may, at its discretion, amend this Agreement or any Exhibits to this Agreement, to conform with federal, state or local governmental regulations, guidelines, policies and available funding amounts, or for other reasons. If amendments result in a change in the funding, the Scope of Services, or schedule of the work, project, activity or service described in the Scope of Services, such amendment or modifications will be incorporated only by a written amendment signed by the parties.

K. No Warranties or Representations

The Subrecipient agrees that no representations or warranties shall be binding upon the County unless expressed in writing hereof or in a duly executed amendment hereof.

L. Acknowledgment of Funding

The Subrecipient shall place, and shall require all persons performing services hereunder to place, in a conspicuous place on any premises, data, material, media, curricula, instruments or reports developed or delivered under this Agreement, that the work was performed and the services were provided under an Agreement funded by the Department and/or, where applicable, the appropriate department or Subrecipient of the Commonwealth of Pennsylvania or

U. S. Government and or applicable HUD.

M. Default

In accordance with 24 CFR § 85.43, the County may, subject to the provisions of Paragraph O below in this Paragraph 6 of this Agreement entitled

"Force Majeure", and in addition to its other rights under the Agreement, declare the

Subrecipient in default by written notice thereof to the Subrecipient, and terminate

(as provided in Subparagraph P below in this Paragraph 6 of this Agreement entitled "Termination") the whole or any part of this Agreement for any of the following reasons:

1. Failure to begin the Scope of Services within the time or in the manner specified in this Agreement;

2. Failure to perform the Scope of Services with sufficient labor, equipment, or material to insure the completion of the specified work in accordance with the terms of this Agreement;

3. Unsatisfactory performance of the Scope of Services;

4. Discontinuance of the Scope of Services without approval;

5. Failure to resume the Scope of Services, which has been discontinued, within a reasonable time after notice to do so;

6. Insolvency or bankruptcy;

7. Assignment made for the benefit of creditors;

8. Failure or refusal within ten (10) days after written notice by the

Director or his designee, to make payment or show cause why payment should not be made, for any services rendered or provided in connection with the provision or performance of the Scope of Services;

9. Failure to protect, to repair, or to make good any damage or injury to property;

10. Failure to obtain any permit, license or the cancellation or termination of any permit, license or certification necessary or required to perform or carry out the Scope of Services;

11. Material breach of any provision of this Agreement, which shall include but not be limited to:

(a) Failure to comply with any rules, regulations or provisions governing the CDBG Program, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;

(b) Ineffective or improper use of the CDBG funds provided by the County pursuant to this Agreement; or

(c) Submission by the Subrecipient of reports that are incorrect or incomplete in any material respect.

12. Misrepresentation or falsification of Subrecipient's application, financial statements, financial documents or other submissions;

13. Failure to provide or omitting any information required or requested by County relating to the approval of this Agreement; or

14. Misrepresenting, falsifying or omitting information from reports or performance requirements.

N. Remedies - Cumulative

All rights and remedies under this Agreement shall be cumulative and shall be in addition to those rights which the parties may have under applicable law, statute, regulation or otherwise.

0. Force Majeure

1. Causes Beyond Control of the Parties

Neither party will incur any liability to the other if its performance of any obligation under this Agreement is prevented or delayed by causes beyond its control and without the fault or negligence of either party.

Causes beyond a party's control may include, but are not limited to, acts of

God or war, changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes.

2. Notice of Cause

The Subrecipient shall notify the County orally and in writing within a reasonable period of time when the Subrecipient becomes aware or should have reasonably become aware that such cause beyond its control would prevent or delay its performance. Such notification shall:

(a) Describe fully such cause(s) beyond its control and its effect on performa nee,

(b) State whether performance under the

Agreement is prevented or delayed, and

(c) If performance is delayed, state a reasonable estimate of the duration of the delay.

3. Burden of Proof

The Subrecipient shall have the burden of proving that such cause(s) beyond its control delayed or prevented its performance despite its diligent efforts to perform and shall produce such supporting documentation as the

County may reasonably request. After receipt of such notification, the County may elect either to cancel the Agreement or to extend the time for performance as reasonably necessary to compensate for the Subrecipient's delay.

4. Governmentally Declared Emergency

In the event of a declared emergency by competent governmental authorities, the County, by notice to the Subrecipient, may suspend all or a portion of the Agreement.

P. Termination

1. Reasons for Termination

The County, through the Director or his designee, shall have the right to terminate this Agreement for any of the following reasons:

(a) Termination for Convenience - 24 CFR § 85.44

(i) In accordance with 24 CFR § 85.44, the County shall have the right to terminate the Agreement for its convenience upon giving thirty (30) days written notice to the Subrecipient.

(ii) In the event that the County elects to terminate the

Agreement for its convenience, the County shall pay the

Subrecipient for all satisfactory work completed or services performed up to and including the date of termination.

(b) Termination for Non-Appropriation/Insufficient Appropriation

In the event that grant of CDBG funds to the County from

HUD for the operation of the CDBG Program in Allegheny County is not obtained or continued at an aggregate level insufficient to allow for the procurement of the services set forth in Exhibit "A" from the

Subrecipient, the County may exercise either one of the following options:

(i) Issue a written Notice of Termination of this

Agreement to the Subrecipient effective upon a specified date. In the event of termination of the Agreement for nonappropriation/insufficient…

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