18-00800 Supp Cond.pdf

SECTION 00800

SUPPLEMENTARY CONDITIONS DIVISION 0

West Branch Regional Authority 00800-1 January 2026 Route 54 Sanitary Sewer Extension Project Supplementary Conditions Contract No. WB-1

These Supplementary Conditions amend or supplement the “Standard General Conditions of the Construction Contract” (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect.

The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

SC-1.01.A.4. Add the following language to the end of Paragraph 1.01.A.3:

The Application for Payment form to be used on this Project is provided in the Contract Documents.

SC-1.01.A.9. Add the following language to the end of Paragraph 1.01.A.9:

The Change Order form to be used on this Project is provided in the Contract Documents.

SC-1.01.A.27-A. Add the following definition:

1.01.A.27-A. Notice of Intent to Award - The written notice by Owner to the apparent Successful Bidder stating that upon compliance by the apparent Successful Bidder with the conditions enumerated therein, including presentation of executed Performance and Payment Bonds within the time specified, Owner may issue the Notice of Award.

SC-1.01.A.48. Add the following language to SC-1.01.A.48:

Underground Facilities may be further defined and modified pursuant to the provisions of Pennsylvania Act 287, as referenced elsewhere in the Contract Documents.

SC-1.01.A.52, A.53, A.54 & A.55. Add the following definitions:

1.01.A.52 Conditions of the Contract - The Combined General Conditions and Supplementary Conditions.

1.01.A.53 Contract Documents - The Invitation to Bid, Instructions to Bidders, Bid Form, Agreement, Bonds, General Conditions, Supplementary Conditions, Specifications, and Appendices.

1.01.A.54 Products - New materials, machinery, components, equipment, fixtures, systems, and any other item which will become or has become a physical portion of the work. The term “Products” does not include machinery and equipment used for preparation, fabrication, conveying, or erection of the work. The term “Products” may include materials, equipment, or components removed from existing facilities that may, if specifically permitted by the Contract Documents, be re-used in the work.

1.01.A.55 General Conditions - Engineers' Joint Contract Documents Committee (EJCDC) Document No.

C-700 (2007 Edition) “Standard General Conditions of the Construction Contract.”

West Branch Regional Authority 00800-2 January 2026

SC-2.01.A. Delete Paragraph 2.01.A in its entirety and insert the following in its place:

A. The apparent Successful Bidder shall within fourteen (14) days after the receipt of the Notice of Intent to Award furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the Contract Price, meeting the requirements of Article 5 of the General Conditions.

SC-2.02.A. Amend the first sentence to read as follows:

A. Owner shall furnish to Contractor up to two (2) printed or hard copies of the Drawings and Contract Documents and electronic files as requested.

SC-2.03.A. Delete Paragraph 2.03.A in its entirety and insert the following in its place:

A. The Contract Time will commence to run on the day indicated in the Notice to Proceed. In case the Bonds, Agreement, or certificates of insurance submitted by the Successful Bidder do not meet the requirements of the Contract Documents, and changes are to be made before these documents can be accepted by the Owner, the Successful Bidder is obligated to accept an extension of the date of award of the Contract, or the date of issuance of Notice to Proceed, as the case may be, for that period of additional time required to furnish acceptable documents.

SC-4.03. Add a new paragraph immediately after SC-4.03.C.:

D. Differing Subsurface or Physical Conditions and Underground Utilities.

The presence of rock and hard shale is defined as Rock Excavation. All rock shall be paid based on the unit price provided in the contract. Any undercutting of the trench to allow bedding material and the disposal of excavated rock will be described in other sections of the Bidding Documents. It shall be the Contractor’s responsibility to investigate the subsurface conditions to the extent he feels necessary in order to bid on the work responsibility.

SC-4.05. Add a new Paragraph immediately after Paragraph 4.05.A:

B. Engineer may check the lines, elevations, reference marks, etc., set by Contractor, and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered as approval of Contractor's work and shall not relieve Contractor of the responsibility for accurate construction of the entire work. Contractor shall furnish personnel to assist Engineer in checking lines and grades.

C. Contractor shall be responsible for construction stake-out of all proposed facilities from

Owner provided reference points on Drawings and shall provide to Engineer sufficient information to verify payment quantities.

West Branch Regional Authority 00800-3 January 2026

SC-5.01. Add the following paragraph SC-5.01.D.:

D. Performance Bond, including an extended warranty and maintenance period provision, shall remain in effect until two (2) years after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later.

SC-5.03. Add the following new paragraph immediately after Paragraph 5.03.E:

F. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.

G. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents.

H. The limits of liability for insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Worker's Compensation, and related coverages under Paragraphs 5.04.A.1 and

A.2 of the General Conditions:

a. State: Statutory

b. Applicable Federal

(e.g., Longshoremen's) Statutory

c. Employer's Liability $500,000

2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the

General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody, and control of the Contractor.

a. General Aggregate $2,000,000

b. Products – Completed Operations Aggregate $1,000,000

c. Personal and Advertising Injury $1,000,000

d. Each Occurrence

(Bodily Injury and Property Damage) $1,000,000

e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable.

f. Excess or Umbrella Liability

1) General Aggregate $5,000,000

2) Each Occurrence $5,000,000

West Branch Regional Authority 00800-4 January 2026

3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:

a. Bodily Injury:

Each Person $1,000,000 Each Accident $1,000,000

b. Property Damage:

Each Accident $1,000,000

c. Combined Single Limit of $2,000,000

4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General

Conditions shall provide coverage for not less than the following amounts:

a. Bodily Injury:

Each Person $2,000,000 Each Accident $2,000,000

b. Property Damage:

Each Accident $2,000,000 Annual Aggregate $2,000,000

5. The insurance required by Paragraphs 5.04 shall include Levine Engineering, LLC and the West Branch Regional Authority (Certificate Holder) as additional insureds.

6. Contractor shall have Endorsement # CG25 03 (Aggregate per Project) or similar endorsement attached to their Comprehensive General Liability policy, with proper evidence of same communicated via the Certificate of Insurance.

7. Certificates of Insurance shall be accompanied by a letter from the Contractor’s

Liability carrier advising to what degree, if any, the aggregate limit of liability has been impaired.

SC-5.06.A. Delete Paragraph 5.06.A in its entirety and insert the following in its place:

A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof.

1. This insurance shall:

a. include the interests of Owner, Contractor, Subcontractors, Engineer and any other individuals or entities identified herein, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

b. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects);

c. cover materials and equipment stored at the site or at another location that was agreed to in writing by Owner prior to being incorporated in the

West Branch Regional Authority 00800-5 January 2026 work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer;

d. allow for partial utilization of the work by Owner;

e. include testing and startup; and

f. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor and Engineer with thirty (30) days written notice to each other additional insured to whom a certificate of insurance has been issued.

2. Contractor shall be responsible for any deductible or self-insured retention.

3. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC-5.06.A shall comply with the requirements of paragraph 5.06.C of the General Conditions.

SC-6.02. Add the following new Paragraph immediately after Paragraph 6.02.B:

6.02C. Work hours for this Contract shall be from 7:00 AM to 6:00 PM Monday through Friday less legal holidays observed by the Owner.

SC-6.03. Add the following new Paragraphs immediately after Paragraph 6.03.C:

6.03.D This provision is subject to the applicable provisions of the Contract Work Hours and

Safety Standards Act, Public Law 87-581, 87th Congress. No Contractor or Subcontractor contracting for any part of the work shall require or permit any laborer or mechanic to be employed on the work in excess of forty (40) hours in any work week, unless such laborer or mechanic receives compensation at a rate not less than one-and-one-half (1 1/2) times his basic rate of pay for all hours worked in excess of forty (40) hours in such work week, as the case may be.

6.03.E Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the Project under this Contract shall be decided by the Pennsylvania Department of Labor and Industry or other governmental agency having jurisdiction.

6.03.F Contractor shall employ only competent persons to do the work and whenever Owner shall notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such person shall be removed from the Project and shall not again be employed on it except with the consent of Owner.

6.03.G If Owner consents to Contractor working during non-regular hours or on Saturday, Sunday, or any legal holiday, Contractor shall reimburse Owner for wages, salaries, and expenses

West Branch Regional Authority 00800-6 January 2026 paid to Owner's and Engineer's personnel which, in the Owner's judgment, are required to be present at the Project Site during the Contractor's Work. Contractor's reimbursement to Owner for these extra personnel costs will be in the form of deduction from a progress payment application.

SC-6.05.C. Amend the Paragraph by making two subparagraphs under the title C. Engineer's

Evaluation. The Paragraph text is retitled, 6.05.C.2. After Effective Date of Agreement. A new Paragraph is added before this Paragraph to read as follows:

1. During Bidding. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or “or-equal” materials and equipment as defined in Paragraph 6.05 of the General Conditions, or those substitute materials and equipment approved by the Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function, and quality to be met by any proposed substitute or “or-equal” item. Request for engineer's clarification of materials and equipment considered “or-equal” prior to the Effective Date of the Agreement must be received by the Engineer at least ten (10) days prior to the date for receipt of Bids. No item of material or equipment will be considered by Engineer as a substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least fifteen (15) days prior to the date for receipt of Bids. Each request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon the Bidder. Engineer's decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed substitute item, such approval will be set forth in an Addendum issued to all prospective Bidders.

Bidders shall not rely upon approvals made in any other manner.

SC-6.06. Add a new Paragraph immediately after Paragraph 6.06.G:

6.06.H. The Contractor shall not award work valued at more than fifty percent (50%) of the

Contract Price to Subcontractor(s), without prior written approval of the Owner.

SC-6.06. Add a new Paragraph immediately after SC-6.06H which is to read as follows:

6.06.I Owner or Engineer may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, information about amounts paid on their behalf to Contractor in accordance with Contractor's Applications for Payment on account of the particular Subcontractor's, Supplier's, other person's or other organizations work.

SC-6.08.B. Add an additional Paragraph after 6.08.B. reading as follows:

C. If applicable laws and regulations require inspection of, the Contractor shall be responsible for coordinating the performance of the work with inspectors employed by or for the public agency. The expense of these inspections shall be borne by the Owner. It is expressly

West Branch Regional Authority 00800-7 January 2026 understood, by and between the Contractor and the Owner that the cost for such public agency inspection has not been included within the price bid for such portions of the work as are affected by this public agency inspection.

SC-6.09. Add new Paragraphs immediately after SC-6.09.C which is to read as follows:

6.09.D If the Contract Price exceeds $25,000.00 or if standard federal laws require, the Contractor shall comply with all applicable wage rate laws and regulations as included in Section 00900 of the Contract Documents.

6.09.E The Contractor is subject to the provisions of the Pennsylvania Steel Products

Procurement Act of 1978, P.L. 6, as amended. The Act and amendments require that the Contractor use or furnish only steel products (as defined in the Act and amendments) which have been produced in the United States.

6.09.F The Contractor is subject to the provisions of Pennsylvania Act 247 of 1972, as amended, relating to the prevention of environmental pollution and the preservation of public natural resources.

6.09.G The Contractor is subject to the provisions of Pennsylvania Act 287, as amended by Act

160 dated November 2016, which requires contractors to notify public utilities prior to starting excavation or demolition work.

SC-6.10. Add a new paragraph immediately after Paragraph 6.10.A:

B. Owner is exempt from payment of sales and compensating use taxes of the Commonwealth of Pennsylvania and of cities, Townships, Boroughs and counties thereof on all materials to be incorporated into the work.

1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the work.

2. Owner's exemption does not apply to construction tools, machinery, equipment, or other property purchased or leased by the Contractor, or to supplies or materials not incorporated into the work.

SC-6.10. Add the following language at the end of SC-6.10.B:

6.10.C The Contractor shall be responsible for the payment of all taxes required by law on all materials, tools, apparatus, equipment, fixtures, services, and incidentals which may be purchased or used for the purpose of performing the work. Owner may be exempt from sales and use taxes for certain items to be incorporated into the work. Contractor shall obtain legal advice to determine how and to what extent the Owner's tax exemption may be utilized by the Contractor. Owner will provide, at Contractor's request, required documentation to assist Contractor in obtaining any applicable tax exemptions.

West Branch Regional Authority 00800-8 January 2026

6.10.D In addition to the foregoing, but without limiting the scope of this Paragraph, the Contractor shall pay for all local taxes including business privilege, gross receipts and other miscellaneous taxes assessed by the county, school district, or municipality in which the Project is located. No taxes shall be borne by the Owner pursuant to the PA Municipalities Authorities Act and 72 P.S. 4821.

SC-6.13. Add the following Paragraph after SC-6.13.F:

6.13.G In the event of temporary suspension of the work, or during inclement weather, or whenever Engineer may direct; Contractor shall, and shall cause Subcontractors, to carefully protect the work and materials against damage or injury from the weather. If, in the opinion of Engineer, any portion of work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so protect the work, such work and materials shall be removed and replaced at the expense of Contractor.

SC-6.20. Add the following Paragraph after SC-6.20.C:

6.20.D If, through acts of neglect on the part of Contractor, any other Contractor or any

Subcontractor shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against Owner on such account of any damage alleged to have been sustained, Owner shall notify Contractor, who shall indemnify and save harmless Owner against any such claim.

SC-7.02.A.1 Delete Paragraphs 7.02.A.1-3 in their entirety and insert the following:

1. The Contractor shall have the authority and be responsible for coordination of the activities among the subcontractors on the Site to ensure a safe, efficient working environment. This authority covers scheduling delivery of materials, storage of materials, sequencing of construction involving different crafts, resolving interface issues between crafts, scheduling testing, and all other aspects of the work that do not impact the design or function of the work.

SC-7.04. Add a new Paragraph immediately after SC-7.03 which is to read as follows:

SC-7.04. Claims Between Contractors

A. Should Contractor cause damage to the work or property of any other Contractor at the Site, or should any claim arising out of Contractor's performance of the work at the Site be made by any other contractor against Contractor, Owner, Engineer, Engineer's Consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law.

West Branch Regional Authority 00800-9 January 2026

B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, and Consultants and the officers, directors, partners, employees, agents and other consultants or sub-contractors of each and any of them from and against all claims, damages, losses and damages (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly, or consequentially out of any action, legal or equitable, brought by any other contractor against Owner, Engineer, and Engineer's Consultants to the extent said claim is based on or arises out of Contractor's performance of the work. Should another contractor cause damage to the work or property of Contractor or should the performance of work by any other contractor at the Site give rise to any other claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, and Engineer's Consultants or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from Owner, Engineer, and Engineer's Consultants on account of any such damage or claim.

C. If Contractor is delayed at any time in performing or furnishing work by any act or neglect of another Contractor and Owner and Contractor are unable to agree as to the extent of any adjustment in Contract Times attributable thereto, Contractor may make a Claim for an extension of times in accordance with Article 12. An extension of the Contract Times shall be Contractor's exclusive remedy with respect to Owner, Engineer, and Engineer's Consultants for any delay, disruption, interference or hindrance caused by any other contractor. This paragraph does not prevent recovery from Owner, Engineer, and Engineer's Consultants for activities that are their respective responsibilities.

SC-13.05. Add a new Paragraph immediately after SC-13.05.A which is to read as follows:

13.05.B If the Owner stops work under Paragraph 13.05, Contractor shall be entitled to no extension of Contract Time or increase in Contract Price.

SC-14.02.C.1 Delete Paragraph 14.02.C.1 in its entirety and insert the following in its place:

14.02.C.1. Thirty (30) days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor.

SC-14.03. Add two new Paragraphs immediately after SC-14.03.A which are to read as follows:

14.03.B No materials or supplies for the work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances.

14.03.C Contractor shall indemnify and save Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and

West Branch Regional Authority 00800-10 January 2026 furnisher of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract.

Contractor shall, at Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do so, then Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which Owner has written notice, direct, or withhold from the Contractor's unpaid compensation, a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon Owner to either Contractor or his Surety. In paying any unpaid bills of the Contractor and any payment so made by Owner, shall be considered as payment made under the Contract by Owner to Contractor and Owner shall not be liable to Contractor for any such payment made in good faith.

SC-14.04.B. Add the following language at the end of Paragraph 14.04.B:

14.04.B. The Engineer's aforesaid tentative list of items to be corrected before final payment will stipulate one-and-one-half (1 1/2) times such amount as is required to complete any then remaining uncompleted, minor items. The total amount stipulated therefore will then be retained until final payment. In the event a dispute arises between the Owner and any prime contractor, which dispute is based upon increased costs claimed by one prime contractor occasioned by delays or other actions of another prime contractor, additional retainage in the sum of one-and-one-half (1 1/2) times the amount of any possible liability may be withheld until such time as a final resolution is agreed to by all parties directly or indirectly involved unless the contractor causing the additional claim furnishes a bond satisfactory to the Owner to indemnify the Owner against the claim, as required by Pennsylvania State law.

SC-14.10. Add a new Paragraph immediately after SC-14.9 which is to read as follows:

14.10 Owner may at any time request Contractor in writing to permit Owner to take over operation of any such part of the work although it is not substantially complete. A copy of such request will be sent to Engineer and within a reasonable time thereafter Owner, Contractor and Engineer shall make an inspection of that part of the work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If Contractor does not object in writing to Owner and Engineer that such part of the work is not ready for separate operation by Owner, Engineer will finalize the list of items to be completed or corrected and will deliver such lists to Owner and Contractor together with a written recommendation as to the diversion of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the work which will become binding upon Owner and Contractor at the time when Owner takes over such operation (unless they shall have otherwise agreed in writing and so informed Engineer). During such operation and prior to Substantial Completion of

West Branch Regional Authority 00800-11 January 2026 such part of the work, Owner shall also allow Contractor reasonable access to complete or correct items on said list and to complete other related work.

SC-14.10. Add new Paragraph 14.11 after SC-14.10 which is to read as follows:

14.11 Final acceptance and payment shall be governed by the provisions of the Pennsylvania

Public Works Contract Regulation Law, 73 P.S., 1627 and 73 P.S., 1623, as amended.

SC-17.06. Add a new Paragraph immediately after SC-17.06 which is to read as follows:

17.07 Pursuant to the Steel Products Procurement Act of March 3, 1978, P.L. 6, as amended by

Act 144 of July 9, 1984 (73 P.S. Section 1881 et. seq.), only steel products as defined in the Act shall be used or supplied in the performance of the contract or any subcontracts thereunder. The Authority shall not provide for or make any payments to any person who has not complied with the Act. Any such payments made to any person by the Authority which should not have been made as a result of the Act, shall be recoverable directly from the Contractor, subcontractor, manufacturer or supplier who did not comply with the Act.

In addition to the withholding of payments, any person who willfully violates any of the provisions of the Act shall be prohibited from submitting any bids to any public agency for a period of five (5) years from the date of the determination that a violation has occurred. In the event the person who violates the provisions of the Act is a subcontractor, manufacturer or supplier, such person shall be prohibited from performing any work or supplying any materials to a public agency for a period of five (5) years from the date of the determination that a violation has occurred. The Contractor shall include the provisions of the Steel Products Procurement Act in every subcontract and supply contract, so that the provisions of the Act shall be binding upon each subcontractor and supplier. Where trade names, catalog number and manufacturers of material or equipment are specified, they are mentioned herein for the purpose of establishing a standard of quality, performance and appearance, and for establishing a standard of competitive bidding. The use of these descriptive names, numbers, etc. will not relieve the Contractor from compliance with all aspects of the above Act.

SC-17.08 Add a new Paragraph 17.08 immediately after SC-17.07 which is to read as follows:

If this Contract exceeds $100,000, the Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC '1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).