00 73 73 - Statutory Requirements.pdf

00 73 73 – Statutory Requirements

1.0 General

1.1 Document 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. Document 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. 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.

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.

1.5 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 “Public Works Employment Verification Act”, Act 141 of 2022

A. The Pennsylvania Act 141 of 2022, 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.

1.7 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.

1.8 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.

1.9 Miscellaneous Provisions

A. Consistent with Commonwealth Management Directive 215.9, Contractor

Responsibility Program, dated 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 DOCUMENT

P:\0043\004379_0510\Admin\Project Manual\002 - Reviewed\00 73 73a - Steel Products Procurement Certification.docx

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.

00 73 73a - Steel Products Procurement Certification