00 73 73 - Statutory Requirements.pdf

00 73 73 – STATUTORY REQUIREMENTS

Herbert, Rowland & Grubic, Inc. 00 73 73 - 1 009280.0426

SECTION 00 73 73 – STATUTORY REQUIREMENTS

PART 1 - GENERAL

1.01 SECTION INCLUDES

A. Duties and requirements of Contractor under various laws and regulations, supplementing the requirements contained in the General Conditions.

1.02 RELATED SECTIONS

A. Section 00 72 00 – General Conditions

1.03 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 ET. SEQ.)

A. The Contractor, if the contract is in excess of $100,000, and any of his/her subcontractors, shall comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations contained in 29 CFR Part 5.

B. Under Section 103 of the Act, the Contractor and any of his/her subcontractors, shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible, provided the worker is compensated at a rate not less than one and one half (1 1/2) times the basic rate of pay for all hours worked in excess of forty (40) hours in any week. Section 6 of the Federal Labor Standards Provisions, as shown below sets forth in detail the Section 103 requirements.

C. Section 107 of the Act provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his/her health and safety, as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market.

1.04 PENNSYLVANIA “UNDERGROUND UTILITY LINE PROTECTION ACT”, (P.L. 852, NO. 287, AS

AMENDED)

A. Refer to the Pennsylvania Underground Utility Line Protection Act, (Act) (P.L. 852, No.

287, as amended) for the definition of all technical terms used in this paragraph. It shall be the duty of each Contractor who intends to perform excavation or demolition work to:

1. Ascertain the location and type of users' lines either by inspection of the attached drawing with referenced PA One Call Serial Number;

2. If there be no such drawing, by contacting all users as listed in the County Recorder of Deeds for the appropriate political subdivision;

3. And, notify all users not less than three (3) days prior to the day of beginning of such work and to request information regarding underground utilities at the work location.

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4. Contractor must comply with all requirements of the Act, as amended.

B. Underground Utilities Not Governed by the Act: The Owner and Contractor agree that certain underground utilities or facilities, including but not limited to, on lot septage systems, water well supply lines, buried roof leaders, and foundation drains, and private electrical or communication lines, that serve private residential or commercial uses are not governed by the Act and therefore such lines may not be located in accordance with the Act. In cases where the Contractor encounters and damages such lines, he shall repair the same when directed by the Engineer and shall be compensated in accordance with the unit prices established in the Contractor’s Bid.

C. Un-Marked Utilities: Un-marked utilities are those underground facilities which are governed by the Act and which have not been located by the Facility Owner in accordance with the Act. Should the Contractor be in compliance with the Act and should he damage such un-marked underground facilities, his sole recourse for costs associated with delay is to the Facility Owner. The Owner and Engineer shall have no liability to the Contractor for such occurrences.

D. Underground Facilities Whose Locations Cannot Be Provided: When the information required from the Facility Owner under the Act cannot be provided or it is reasonably necessary for the Contractor to ascertain the precise location of an underground utility through prudent techniques, the Contractor shall, only after providing written notice to both the Engineer and the Owner, receive additional compensation for additional work as provided in the latest edition of the Pennsylvania Department of Transportation Form 408 specifications for extra work performed on a force account basis. In cases where additional compensation is provided, the quantities for unit price work under the Contract shall be adjusted so as to avoid duplicate payment to the Contractor. In order to receive additional compensation, Contractor shall comply and shall document compliance with all the requirements of Form 408. Additional compensation shall be paid after execution of a Change Order to the Contract. This shall be the Contractor’s sole and exclusive right to additional compensation and no other additional compensation shall be provided.

1.05 PENNSYLVANIA “PUBLIC WORKS EMPLOYMENT VERIFICATION”, ACT 127 OF 2012

A. The Pennsylvania Act 127 of 2012, known as the Public Works Employment Verification

Act shall apply to this Project. All public work Contractors and Subcontractors shall utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work Projects are authorized to work in the United States. All Contractors/Subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

1.06 PENNSYLVANIA "STEEL PRODUCTS PROCUREMENT ACT", ACT NO. 3 OF 1978 AS AMENDED

A. Special attention is drawn to the provisions of the Commonwealth of Pennsylvania "Steel

Products Procurement Act" - Act No. 3 of 1978, as amended by Act No. 1982-161 and Act No. 1984-144 and subsequent amendments (73 P.S. 1881 et seq). The Contractor is

Herbert, Rowland & Grubic, Inc. 00 73 73 - 3 009280.0426 advised that only steel products as defined in said Act (which includes cast iron in the definition of steel products) shall be used or supplied in the performance of the contract for public works or any subcontracts thereunder.

B. With each shipment of Steel products delivered to the Project Site, provide to the Engineer the following:

1. For a steel product identifiable from its fact, certification that Section 4 of the

"Steel Product Procurement Act" has been complied with.

2. For unidentified steel products, documentation such as invoices, bills of lading and mill certification that the steel was melted and manufactured in the United States.

3. When unidentified steel products are supplied, no payment will be made on the Contract until the hereinbefore requirements are met.

4. Any payments made that should not have been made may be recoverable from a manufacturer or supplier as well as from a Contractor or Subcontractor.

5. The Contractor will be required to sign a certification indicating compliance with this requirement. Certification form contained in the Project Manual.

1.07 AMERICAN IRON AND STEEL CERTIFICATION

A. American Iron and Steel Certification is to be executed by the Contractor and submitted following the Notice of Intent to Award.

B. American Iron and Steel Certification is to be executed by each equipment and material supplier for products and materials which fall under the American Iron and Steel Requirements. Certification must be submitted as part of the “Shop Drawing” Submittal Process.

C. For all equipment and materials which fall under the American Iron and Steel

Requirement, the Contractor must include (along with the Shop Drawing submission) certificates from the supplier, fabricator, manufacturer, processor, etc. certifying compliance with the American Iron and Steel Requirement.

1.08 PENNSYLVANIA HUMAN RELATIONS ACT, AS AMENDED

A. Contractor shall not discriminate against any employee, applicant for employment, independent Contractor or any other person because of race, color, religious creed, ancestry, national origin, age or sex.

CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, handicap, ancestry, national origin, age, or sex. Such affirmative action shall include, but is not limited to, the following: employment, upgrading, Herbert, Rowland & Grubic, Inc. 00 73 73 - 4 009280.0426 demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training.

CONTRACTOR shall post in conspicuous places available to employees, agents, applicants for employment and other persons a notice to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

B. CONTRACTOR shall in advertisements or requests for employment placed by him/her or on his/her behalf state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, handicap, ancestry, national origin, age or sex.

C. CONTRACTOR shall send each labor union or workers' representative with which it has a collective bargaining agreement or other Contractor understanding, a notice advising said labor union or workers' representative of its commitment to this nondiscrimination clause.

Similar notice shall be sent to every other source of recruitment regularly utilized by

CONTRACTOR.

D. It shall be no defense to a finding of noncompliance with the Contract Compliance

Regulations issued by the Pennsylvania Human Relations Commission of this nondiscrimination clause that CONTRACTOR had delegated some of its employment practices to any union, training program or other source of recruitment which prevents it from meeting its obligation. However, if the evidence indicates that the CONTRACTOR was not on notice of the third party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

E. Where the practices of a union or of any training program or other source of recruitment will result in the exclusion of minority group persons, so that CONTRACTOR will be unable to meet his/her obligations under the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, or this nondiscrimination clause, CONTRACTOR shall then employ and fill vacancies through other nondiscriminatory employment procedures.

F. Contractor shall comply with the Contract Compliance Regulations of the Pennsylvania Human Relations Commission, 16 PA Code Chapter 49 and with all State and Federal laws prohibiting discrimination in hiring or employment opportunities. In the event of Contractor’s noncompliance with the nondiscrimination clause of this Contractor with any such laws, this contract may, after hearing and adjudication, be terminated or suspended, in whole or in part, and Contractor may be declared temporarily ineligible for further COMMONWEALTH contracts, and such other sanction may be imposed and remedies invoked as provided by the Contract Compliance Regulations.

G. Contractor shall furnish all necessary employment documents and records to, and permit access to its books, records and accounts by the contracting agency for purposes of investigation to ascertain compliance with the provisions of this clause. If Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency.

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H. CONTRACTOR shall actively recruit minority Subcontractors or Subcontractors with substantial minority representation among their employees.

I. CONTRACTOR shall include the provisions of this nondiscrimination clause in every subcontract, so that provisions will be binding upon each Subcontractor.

J. CONTRACTOR’s obligations under this clause are limited to the CONTRACTOR’s facilities within Pennsylvania, or where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced.

1.09 NONDISCRIMINATION/SEXUAL HARASSMENT PROVISIONS

A. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the Contract or any subcontract, the Contractor, subcontractor, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of gender, race, creed, or color, discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

B. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under the Contract on account of gender, race, creed, or color.

C. The Contractor and subcontractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.

D. The Contractor shall not discriminate by reason of gender, race, creed, or color against any subcontractor or supplier who is qualified to perform the work to which the Contract relates.

E. The Contractor and each subcontractor shall furnish all necessary employment documents and records to and permit access to their books, records, and accounts by the contracting agency and the Bureau of Contract Administration and Business Development, for purposes of investigation, to ascertain compliance with provisions of this Nondiscrimination/Sexual Harassment Clause. If the Contractor or any subcontractor does not possess documents or records reflecting the necessary information requested, the Contractor or subcontractor shall furnish such information on reporting forms supplied by the contracting agency or the Bureau of Contract Administration and Business Development.

F. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor.

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G. The Commonwealth may cancel or terminate the Contract, and all money due or to become due under the Contract may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File.

H. The Commonwealth may cancel or terminate the grant agreement and all money due or to become due under the grant agreement may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the Grantor may proceed with debarment or suspension and may place the Contractor, or subcontractor in the Contractor Responsibility File.

1.10 MISCELLANEOUS PROVISIONS

A. Consistent with Commonwealth Management Directive 215.9, Contractor Responsibility

Program, dated April 16, 1999, Contractor certifies that neither the Contractor nor any subcontractor or supplier providing services on this Project are under suspension or debarment by the Commonwealth of Pennsylvania, any other state, or the federal government. Contractor further certifies that it has no delinquent tax liabilities or other Commonwealth obligations. If any suspension, debarment or delinquent obligation arises during the Contract Time, Contractor agrees to notify Owner and Engineer within 15 days.

Contractor agrees to be responsible for all necessary and reasonable costs incurred by the Office of Inspector General in investigating compliance with this provision when such investigation results in suspension or debarment of Contractor providing services on the Project.

B. Contractor agrees to comply, and to require compliance by any subcontractors providing services on this Project, with the Contractor integrity provisions set forth in Management Directive 215.8, Contractor Integrity Provisions for Commonwealth Contracts, dated December 20, 1991.

END OF SECTION 00 73 73