00 73 73 - Statutory Requirements.pdf

00 73 73 – STATUTORY REQUIREMENTS

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SECTION 00 73 73 – STATUTORY REQUIREMENTS

PART 1 - GENERAL

1.1 SECTION INCLUDES

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

1.2 RELATED SECTIONS

A. Section 00 72 00 – General Conditions.

1.3 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.

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

AMENDED)

A. It shall be the duty of each Contractor who intends to perform excavation or demolition work to: ascertain the location and type of users' lines either by inspection of the attached drawing or, if there be no such drawing, by contacting all users as listed in the County Recorder of Deeds for the appropriate political subdivision; and, to 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. Contractor must comply with all requirements of the Underground Utility Line Protection Law, Act 287 of 1974, as amended.

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1.5 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

A. Provide safe and healthful working conditions on each operation at all times. Conduct the various operations connected with the Work so that they will not be injurious to safety or health. Comply with all provisions, regulations and recommendations issued pursuant to the Occupational Safety and Health Act of 1970, and the Construction Safety Act of 1969, as amended, and with laws, rules and regulations of other authorities having jurisdiction, with regard to all matters relating to the safety and health of workers and the general public. Compliance with government requirements is mandated by law and considered only a minimum level of safety performance. Perform all work in accordance with best safe work practices recognized by the construction industry.

1.6 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 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.

1.7 ARCHITECTURAL BARRIERS

A. Contractor shall comply with the following:

1. Architectural Barriers Act of 1968.

2. Section 504 of the Rehabilitation Act of 1973.

3. PA Act 235 of 1965, as amended.

4. Universal Accessibility Act.

5. American with Disabilities Act of 1990, as amended.

1.8 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.

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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, 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.

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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.

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.

1.9 CLEAN AIR AND CLEAN WATER ACTS

A. This Agreement is subject to the requirements of the Clean Air Act, as amended, 42

U.S.C. 1857 et.seq., and the regulations of the Environmental Protection Agency (EPA) with respect thereto, at 40 CFR Part 15, as amended from time to time.

B. The CONTRACTOR and any of its subContractors for Work funded under the Agreement which is in excess of one hundred thousand ($100,000) dollars agree to the following requirements:

1. A stipulation by the CONTRACTOR or subContractors that any facility to be utilized in the performance of any nonexempt Contractor subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR Part 15.20.

2. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c 8) and (33 U.S.C. 1318) relating to the inspection, monitoring, entry reports and information as well as all other requirements specified in said Section 114 and Section 308, and all regulations, and guidelines issued thereunder.

3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.

4. Agreement by the CONTRACTOR that he/she will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the CONTRACTOR will take such action as the Government may direct as a means of enforcing such provision.

1.10 ENERGY CONSERVATION PROVISIONS

A. Contractors must recognize mandatory standards and policies relating to energy efficiency contained in the Cost Effective Energy Conservation Measures.

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1.11 AGE DISCRIMINATION ACT OF 1975

A. No person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

1.12 STATE CONTRACTOR RESPONSIBILITY PROGRAM

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.

C. Contractor agrees that PENNVEST, or its agents and representatives, shall have the right to inspect the Project and audit the financial condition of Contractor at any and all reasonable times. Contractor further agrees to allow PENNVEST, or its agents and representatives, to examine and make copies of its drawing, plans, books, records, accounting data and other documents pertaining to the Project or the financial condition of Contractor.

1.13 Nondiscrimination/Sexual Harassment

A. Representations. The Grantee represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, and local laws, regulations, and policies relating to nondiscrimination and sexual harassment for the term of the agreement. The Grantee shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.

B. Nondiscrimination/Sexual Harassment Obligations. The Grantee shall not:

1. in any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontract, by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (“PHRA”) and applicable federal laws, against any citizen of

Herbert, Rowland & Grubic, Inc. 00 73 73 - 6 005153.0436 this Commonwealth who is qualified and available to perform the work to which the employment relates.

2. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

3. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under this agreement or any subgrant agreement, contract, or subcontract.

4. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor, or supplier who is qualified to perform the work to which this agreement relates.

5. in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Acts’ enforcement and shall comply with any provisions of law establishing organizations as employees’ exclusive representatives.

C. Establishment of Grantee Policy. The Grantee shall establish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these Nondiscrimination/Sexual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined.

For the entire period of this agreement, the Grantee shall: (1) post its written nondiscrimination and sexual harassment policy or these Nondiscrimination/Sexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near where the grant activities are performed;

or (2) provide electronic notice of the policy or this clause to its employees not less than annually.

D. Notice of Violations. The Grantee’s obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the agreement. Accordingly, the Grantee shall notify the Commonwealth if, at any time during the term of this agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

E. Cancellation or Termination of Agreement. The Commonwealth may cancel or terminate this agreement and all money due or to become due under this agreement may be forfeited for a violation of the terms and conditions of these Nondiscrimination/Sexual Harassment provisions. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee in the Contractor Responsibility File.

F. Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these Nondiscrimination/Sexual Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement. The incorporation of these provisions in the Grantor’s subgrants, contracts, or subcontracts does not create privity of contract between the

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Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by those provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor's violation of these provisions, the Grantee shall use its best efforts to ensure the subgrantee’s, contractor’s, or subcontractor's compliance with these provisions.

1.14 Grantee Integrity

A. Definitions. For purposes of these Grantee Integrity Provisions, the following definitions apply:

1. “Affiliate” means two or more entities where (a) a parent entity owns more than

50% of the voting stock of each of the entities; (b) a common shareholder or group of shareholders owns more than 50% of the voting stock of each of the entities; or (c) the entities have a common proprietor or general partner.

2. “Grantee” means the individual or entity, that has entered into this agreement with the Commonwealth.

3. “Grantee Related Parties” means any Affiliates if the Grantee and the Grantee’s executive officers, Pennsylvania officers and directors, or owners of five percent or more interest in the Grantee.

4. “Financial Interest” means ownership of more than a five percent interest in any business or holding a position as an officer, director, trustee, partner, employee, or holding any position of management.

5. “Gratuity” means tendering, giving, or providing anything of more than nominal monetary value including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth in the Governor’s Code of Conduct, Executive Order 1980-18, as may be amended, 4 Pa. Code §7.153(b), apply.

6. “Non-Solicitation Award Process” means a method of awarding grants based on predetermined criteria, without the solicitation of grant applications.

B. Representations and Warranties

1. Grantee Representation and Warranties. The Grantee represents, to the best of its knowledge and belief, and warrants that within the last five years neither the Grantee nor Grantee Related Parties have:

i. been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;

ii. been suspended, debarred, or otherwise disqualified from entering into any contract with any governmental agency;

iii. had any business license or professional license suspended or revoked;

iv. had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and

v. been, and are not currently, the subject of a criminal investigation by any federal, state, or local prosecuting or investigative agency or civil anti-trust investigation by any federal, state, or local prosecuting or investigative agency.

2. Contractor Explanation. If the Grantee cannot make the representations and warranties set forth above at the time of its submission of its grant application or

Herbert, Rowland & Grubic, Inc. 00 73 73 - 8 005153.0436 if the agreement is awarded pursuant to a Non-Solicitation Award Process at the time of the execution of the agreement, the Grantee shall submit a written explanation outlining the reasons why it cannot make those representations and warranties. The Commonwealth may, based on its evaluation of the explanation provided, determine whether it is in the Commonwealth’s best interest to execute the agreement.

3. Further Representations. By submitting any bills, invoices, or requests for payment pursuant to the agreement, the Grantee further represents that it has not violated any of these Grantee Integrity Provisions during the term of the agreement.

4. Notice. The Grantee shall immediately notify the Commonwealth, in writing, if at any time during the term of the agreement it becomes aware of any event that would cause the Contractor's certification or explanation to change. The Grantee acknowledges that the Commonwealth may, in its sole discretion, terminate the agreement for cause if it learns that any of the certifications made in these Grantee Integrity Provisions are currently false or misleading due to intervening factual circumstances or were false or misleading or should have been known to be false or misleading when entering into the agreement.

C. Grantee Responsibilities. During the term of this agreement, the Grantee shall:

1. maintain the highest standards of honesty and integrity.

2. take no action in violation of any applicable laws, regulations, or other requirements applicable to the Grantee that govern Commonwealth contracting or grant administration.

3. establish and implement a written business integrity policy that includes, at a minimum, the requirements of these Grantee Integrity Provisions as they relate to the Grantee’s activity with the Commonwealth and Commonwealth employees and ensure that its employees comply with the policy.

4. not accept, agree to give, offer, confer, agree to confer, or promise to confer, directly or indirectly, any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person in violation of any federal or state law, regulation, executive order, statement of policy, management directive, or bulletin applicable to the award of grants or the administration of this agreement.

5. not have a financial interest in any other subgrantee, contractor, subcontractor, or supplier providing services, labor, or material under this agreement, unless the financial interest is disclosed to the Commonwealth in writing and the Commonwealth consents to Grantee’s financial interest. The Grantee must disclose the financial interest to the Commonwealth at the time of submission of its grant application, or if a Non-Solicitation Award Process is used, no later than the date the Grantee signs the agreement. The Commonwealth shall be deemed to have consented if the required disclosure is received and all of the required Commonwealth signatures are affixed.

6. comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S. § 13A01 et seq.) regardless of the method of award.

7. comply with the requirements of Section 1641 of the Pennsylvania Election Code (25 P.S. § 3260a) if this agreement was awarded pursuant to a Non-Solicitation Award Process.

8. immediately notify the Commonwealth or the Office of the State Inspector General, in writing, when the Grantee has reason to believe that any breach of

Herbert, Rowland & Grubic, Inc. 00 73 73 - 9 005153.0436 ethical standards as set forth in law, the Governor’s Code of Conduct, or these Grantee Integrity Provisions has occurred or may occur, including, but not limited to, contact by a Commonwealth officer or employee, which, if acted upon, would violate the ethical standards.

D. Investigations. If a State Inspector General investigation is initiated, the Grantee shall:

1. reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of the State Inspector General for investigations of the Grantee’s compliance with the terms of this or any other agreement between the Grantee and the Commonwealth that results in the suspension or debarment of the Grantee. The Grantee shall not be responsible for investigative costs for investigations that do not result in the Grantee’s suspension or debarment.

2. cooperate with the Office of the State Inspector General in its investigation of any alleged Commonwealth agency or employee breach of ethical standards and any alleged Grantee non-compliance with these Grantee Integrity Provisions and make identified Grantee employees and volunteers available for interviews at reasonable times and places.

3. upon the inquiry or request of an Inspector General, provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Office of the State Inspector General to Grantee's integrity and compliance with these provisions. This information may include, but is not be limited to, the Grantee's business or financial records, documents or files of any type or form that refer to or concern this agreement.

E. Termination. For violation of any of these Grantee Integrity Provisions, the Commonwealth may terminate this agreement and any other contract with the Grantee, claim liquidated damages in an amount equal to the value of anything received in breach of these Grantee Integrity provisions, claim damages for all additional costs and expenses incurred in obtaining another grantee to complete performance under this agreement, and debar and suspend the Grantee from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one does not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

F. Subcontracts. The Grantee shall include these Grantee Integrity Provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this agreement. The incorporation of this provision in the Grantee’s subgrant agreement, contracts, and subcontracts shall not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by the inclusion of these provisions. If the Grantee becomes aware of a subgrantee’s, contractor’s, or subcontractor's violation of these provision, the Grantee shall use its best efforts to ensure their compliance with these provisions.

1.15 Contractor Responsibility

A. Definition. For the purpose of these provisions, the term “Contactor” means as any person, including, but not limited to, a bidder, offeror, loan recipient, grantee or lessor, who has furnished or performed or seeks to furnish or perform, goods, supplies, services, Herbert, Rowland & Grubic, Inc. 00 73 73 - 10 005153.0436 leased space, construction or other activity, under a contract, grant, lease, purchase order or reimbursement agreement with the Commonwealth. The term also includes a permittee, licensee, or any agency, political subdivision, instrumentality, public authority, or other public entity in the Commonwealth.

B. Contractor Representations

1. The Contractor represents for itself and its subgrantees, contractors, and subcontractors required to be disclosed or approved by the Commonwealth, that as of the date of its execution of this agreement, that neither the Contractor, nor any of its subgrantees, contractors, and subcontractors, are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot make this representation, the Contractor shall submit, along with the agreement, a written explanation of why the certification cannot be made.

2. The Contractor represents that, as of the date of its execution of this agreement, it has no tax liabilities or other Commonwealth obligations, or has filed a timely administrative or judicial appeal, if any liabilities or obligations exist, or is subject to a duly approved deferred payment plan if any liabilities exist.

3. Notification. The Contractor shall notify the Commonwealth if, at any time during the term of the agreement, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or, to the best of its knowledge, any of its subgrantees, contractors, or subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. The Contractor shall provide this notification within 15 days of the date of suspension or debarment.

4. Default. The Contractor’s failure to notify the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government constitutes an event of default of the agreement with the Commonwealth.

5. Reimbursement. The Contractor shall reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor's compliance with the terms of this agreement or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor.

These costs include, but are not limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees.

The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor's suspension or debarment.

6. Suspension and Debarment List. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by visiting the eMarketplace website at http://www.emarketplace.state.pa.us and clicking the Debarment list tab.

1.16 Americans With Disabilities Act.

A. No Exclusion. Pursuant to the Americans with Disabilities Act, 42 U.S. Code § 12101, et seq., no qualified individual with a disability may, on the basis of the disability, be excluded from participation in this contract or from activities provided for under this agreement.

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B. Compliance. For all goods and services provided pursuant to this agreement, the Grantee shall comply with Title II of the Americans with Disabilities Act, the "General Prohibitions Against Discrimination” set forth in 28 C. F. R. § 35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act that apply to state and local governments.

C. Indemnification. The Grantee shall indemnify the Commonwealth against all third-party claims, suits, demands, losses, damages, costs, and expenses, including without limitation, litigation expenses, attorneys' fees, and liabilities, arising out of or in connection with the Grantee’s failure or its employee’s or agent’s failure to comply with the provisions of paragraph a, as determined by the Commonwealth in its sole discretion.

1.17 Compliance with the Prohibition of Illegal Alien Labor on Assisted Projects Act.

Pursuant to the Act of May 11, 2006 (P.L. 173, No. 43), known as the Prohibition of Illegal Alien Labor on Assisted Projects Act, the Grantee shall not knowingly employ, or knowingly permit any of its subcontractors to knowingly employ, the labor services of an illegal alien on activities funded in whole or in part by a grant or loan issued by an executive agency of the Commonwealth of Pennsylvania.

If the Grantee:

A. knowingly employs, or knowingly permits any of its subcontractors to knowingly employ, the labor services of an illegal alien on activities funded in whole or in part by grants or loans issued by an executive agency of the Commonwealth of Pennsylvania; and

B. the Grantee or any of its subcontractors are sentenced under Federal law for an offense involving knowing use of labor by an illegal alien on activities funded in whole or in part by grants or loans issued by an executive agency of the Commonwealth of Pennsylvania, the Grantee shall:

C. repay to the Grantor all grant funds received by the Grantee from the Grantor pursuant to this Grant, and

D. be ineligible to apply for any Commonwealth grant or loan for a period of two years.

END OF SECTION

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STEEL PRODUCTS PROCUREMENT CERTIFICATION: Contractors

A. TO BE COMPLETED BY ALL CONTRACTORS:

1. Name of Contractor's firm: 2. Date Submitted:

3. Firm's address: 4. Phone Number: ( )

5. Contract No. 6. Contract title:

7. Steel Product:

8. Name and address of supplier:

B. TYPE OF STEEL PRODUCT (check and complete applicable category)

1. Identifiable steel product: 100% of the steel in a product is identifiably marked as manufactured in the United

States.

a. Other documentation required: NONE

b. Manner in which steel product is identifiable:

2. Non-identifiable structural steel: Less than 100% of the steel contained in the product is identifiable as provided above. Structural steel is defined as steel products used as a basic structural element of a project (i.e. steel beams, columns, decking, stairways, reinforcing bars, structural lintels, pipes, etc.)

a. Other documentation required: Bills of lading, invoices and mill certificates that certify that the steel contained in the product was melted or manufactured in the United States.

3. Non-identifiable non-structural steel: all other steel products including door and window frames, machines, equipment, etc.

a. Other documentation required: i.e. certification from supplier/fabricator.

C. CERTIFICATION: I, the undersigned officer of the above named firm, do certify that, to the best of my knowledge, the steel product listed above complies with the provisions of the Steel Products Procurement Act (73 P.S. §1881 et seq, as amended). I understand that by signing this document I certify that the facts contained herein are true. I further understand that this document is subject to the provisions of the Unsworn Falsification to Authorities Act (18 P.S. §4904) and the

Steel Products Procurement Act, which provide penalties including, but not limited to, debarment from bidding on any

Commonwealth of Pennsylvania public works project for a period of five years.

Witness:

________________________________(SEAL)

Secretary or Treasurer President or Vice President

(Corporate Seal)

This form must be executed by the Contractor and delivered to the Engineer before any item containing steel may be incorporated into any public works project in the Commonwealth of Pennsylvania. Execute and present this form for each type of steel product to be incorporated as provided above.