2-Part V - Final.pdf

PART V

SUPPLEMENTARY GENERAL CONDITIONS

Article

Number Title Page

0 General 1

1 Supplementary Definitions 1

2 Preliminary Matters 1

3 Contract Documents:

Intent, Amending, Reuse 2

5 Bonds and Insurance 2

6 The Contractor's Responsibilities 4

8 The Owner's Responsibilities 5

11 Change of Contract Price 6

12 Change of Contract Time 6

14 Payments to the Contractor

And Completion 6

16 Contractor’s Downtime 8

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CONTENTS - PAGE 1

CONDITIONS OF THE CONTRACT

GENERAL

These Supplementary General Conditions make additions, deletions, or revision to the General

Conditions, as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the same meanings assigned to them in the General Conditions.

ARTICLE 1 - SUPPLEMENTARY DEFINITIONS

In additions to the definitions in the provisions of Article 1 of the General Conditions, the following respective supplemental definitions shall apply:

Engineer - The definition of Engineer in the General Conditions shall apply. The definition shall mean the firm of Peters Consultants, Inc., Consulting Engineers and

Surveyors, 2701 Columbia Boulevard, Bloomsburg, PA 17815.

ARTICLE 2 - PRELIMINARY MATTERS

2.1 Legal Name and Address of the Owner:

The official name and the address of the Owner shall be Marion Heights Borough, 224

North Street, Marion Heights, PA 17832, or such other address as the Owner may subsequently designate in written notice to the Contractor.

2.2 Legal Name and Address of the Engineer:

The official name and the address of the Engineer shall be Peters Consultants, Inc., 2701

Columbia Boulevard, Bloomsburg, PA 17815, or such other address as the Engineer may subsequently designate in writing to the Contractor.

2.3 Legal Name and address of the Owner's Resident Project Representative:

The official name and address of the Owner's Resident Project Representative shall be

Peters Consultants, Inc., 2701 Columbia Boulevard, Bloomsburg, PA 17815, or such other address as the Project Representative may subsequently designate in writing to the

Contractor.

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2.4 Agency Representatives:

All Agency Representatives for the Project shall, at all times have access to and be permitted to observe and review all Work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, final inspections, and other relevant data and records pertaining to this Contract, provided, however, that all instructions and approval with respect to the Work shall be given to the Contractor only by the Owner through its authorized Representatives or agents.

ARTICLE 3 - CONTRACT DOCUMENTS; INTENT, AMENDING, AND REUSE

3.1 Scope:

(a) The Work to be performed under this Contract shall consist of furnishing all plans, tools, equipment, materials, and manufactured articles and for furnishing all transportation services, and all fuel, power, water, and essential communications, and for the performance of all labor, Work, or other operations required for the fulfillment of the Contract in strict accordance with the Specifications, Schedules, and other Contract Documents as defined in the Contract, all of which are made a part hereof and including such detail sketches as may be furnished by the Engineer from time to time during construction in explanation of said Drawings or other Contract Documents.

ARTICLE 5 - BONDS AND INSURANCE

5.1 Performance and other Bond Amounts:

The Contractor shall furnish a satisfactory Performance Bond and a Payment Bond, each in the amount of 100 percent of the Contract Price.

The Contractor shall furnish a satisfactory Warranty Maintenance Bond in the amount of 100 percent of the Contract Price, in force for two years after date of substantial completion of the

Project.

5.2 Insurance Amounts:

The limits of liability for Insurance as required by Article 5.2 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law and

Regulation:

1. Worker's Compensation: Under Article 5.2b.1 of the General Conditions:

(a) State: Pennsylvania Statutory Dollar Amount

(b) Employer's Liability: Pennsylvania Statutory Dollar Amount

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2. Comprehensive General Liability: (Under Article 5.2b.2 of the General

Conditions):

(a) Bodily Injury (Including completed operations and products liability and wrongful death):

$ 1,000,000 Each Occurrence

$ 2,000,000 Annual Aggregate

Property Damage and Pollution Prevention:

(b) Property Damage Liability Insurance shall provide explosion, collapse, and underground coverage’s where applicable.

(c) Personal injury, with employment exclusion deleted

(d) A combined single limit policy with aggregate limits in the amount of

$2,000,000 shall be considered as equivalent to the required minimum limits indicated above.

3. Comprehensive Automobile Liability: (Under Article 5.2b.3 of the General

Conditions):

(a) Bodily Injury (Including wrongful death):

$ 500,000 Each Person

(b) Property Damage

$ 500,000 Each Occurrence or combined single limit of $2,000,000

4. Builders’ Risk Insurance

$ 2,000,000 Total Building Coverage

Each Occurrence

ARTICLE 6 - THE CONTRACTOR'S RESPONSIBILITIES

6.1 Resident Labor Requirements:

The Contractor shall comply with the requirements of 43 P.S. et. seq. 951 and 43 P.S. et. seq. 154 to the extent that laborers and mechanics employed on the Work shall have been residents of the

Commonwealth for at least ninety days prior to their employment. Failure to keep and comply with such provisions shall be sufficient legal reasons to refuse payment of the Contract Price to the Contractor.

6.2 Laws and Regulations:

The Work is located within Marion Heights Borough, County of Northumberland, Commonwealth of Pennsylvania. The Contractor shall comply with all ordinances, regulations, and other lawful requirements of said Municipality, County, and State governing the Work.

6.3 Wages and Salaries:

(a) Attention of Bidders is particularly called to the requirement concerning the payment of not less than the prevailing wage and salary rates specified in the Contract

Documents, if required by law, and the conditions of employment with respect to certain categories and classifications of employees.

(b) The rates of pay set forth under Part IV, Appendix C, are the minimum to be paid during the life of the Contract, if applicable, per requirements of State and Federal agencies.

It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of Work day and Work week, rate of overtime compensation, health and welfare contributions, labor supply, prospective changes or adjustments of rates and if and when applicable Prevailing Wage Rates and /or Davis-Bacon Wage Rates apply to this Project.

(c) The Engineer, Owner, Owners Representative or any compliance agency has the right to conduct wage interviews of all employees, including requesting information such as employees name, address, description, hours worked, rate of pay and benefits in accordance with the Record of Employee Interview Form.

6.4 Compliance with Federal, State and Local Laws:

Attention of Bidders is particularly called to the necessity of complying with all Federal, State and

Local laws and regulations including but not limited to the following:

(a.) Act 247-1972, as amended.

(b.) Act 287-1974, as amended.

(c.) Federal Occupational Safety and Health Act of 1970 (O.S.H.A.), as amended -

Regulations to assure safe and healthy Work conditions. Contractor shall comply with all regulations of the Act and perform reporting and recording requirements.

O.S.H.A. applies to all construction Projects.

(d.) Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of

1973, as amended.

(e.) PA Act 235 of 1965, as amended.

(f.) Universal Accessibility Act, as amended.

(g.) Americans with Disabilities Act, (ADA) of 1990, as amended.

6.5 Interest of Members of the Commonwealth and Others:

(a) No officer, member, or employee of the Commonwealth and no member of its governing body who exercises any functions or responsibilities in the review or approval of services being performed under this Contract shall participate in any decision relating to this Contract, which affects his personal interest or the interest of any Corporation, partnership, or association in which he is directly or indirectly interested; nor shall any such officer, member, or employee of the Commonwealth and no member of its governing body have any interest, direct or indirect, in this Contract or the proceeds thereof.

(b) No member of the governing body of the Local Public Agency who exercises any functions or responsibilities in connection with the carrying out of the Project to which this

Contract pertains, and no other officer or employee of the Local Public Agency who exercises any such functions or responsibilities, shall have any private interest, direct or indirect, in this Contract which is incompatible or in conflict with the discharge or fulfillment of his functions and responsibilities in connection with the carrying out of the

Project to which this Contract pertains.

ARTICLE 8 - THE OWNER'S RESPONSIBILITIES

(a) The Resident Project Representative (RPR), shall be the Owner's on-site

Representative, who shall function as the Owner's and the Engineer's primary contact with the Contractor. The Resident Project Representative shall be employed by and shall act as directed by and under the direct supervision of the Owner, and shall confer with the

Engineer and the Owner regarding his or her actions. The Resident Project Representative's dealings in matters pertaining to on-site Work shall in general only be with the Owner, the

Engineer, and the Contractor, and dealing with Subcontractors shall only be through or with the full knowledge and consent of the Contractor. All Project-related written communications with both the Owner and the Engineer shall be submitted or delivered through the Resident Project Representative.

(b) The Duties, Responsibilities, and Limitations of Authority of the Resident Project

Representative shall be as defined in EJCDC Document No. 1910-1A entitled "Suggested

Listing of Duties, Responsibilities, and Limitations of Authority of the Resident Project

Representative," as amended herein; provided that the Resident Project Representative shall not have the authority to authorize changes in the Work that affect Project costs or time of performance of the Contract;

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and provided further, that the RPR shall not have control over the construction means, methods, techniques, sequences, or procedures or for safety precautions or programs, or responsibility for the Contractor's failure to perform the Work in accordance with the

Contract Documents.

ARTICLE 11 - CHANGE OF CONTRACT PRICE

11.2d Equipment Rental Rates:

Whenever under the terms of this Contract the Contractor is entitled to additional payment for the use of rental equipment, the Contractor shall be paid for the use of the Equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication:

"Rental Rates and Specifications" [The "Green Book"] as published by Associated

Equipment Distributors, 615 West 22nd Street, Oakbrook, IL 60521.

Phone (312) 654-0650

ARTICLE 12 - CHANGE OF CONTRACT TIME

12.2 Extensions of Time for Delays Due to Inclement Weather:

The number of days of inclement weather to be included in the Contract, as referred to in Article

12.2c of the General Conditions, shall be as follows:

"Inclement Weather Delays: The Contractor's construction Schedule shall be based upon the inclusion of an estimated number of days of inclement weather expected to be encountered during the specified Contract term, based upon the U.S. Weather Bureau records for the preceding 3-year period. Inclement weather shall be as defined in Article

12.2a of the General Conditions. Except for weather conditions encountered due to a delay caused by the Owner, which moves the construction term into a period of more severe weather, no request for an extension of Contract time due to such weather delays shall be considered until the actual number of such inclement weather days exceed the number of days computed from the U.S. Weather Bureau 3-year average preceding this Project."

ARTICLE 14 - PAYMENTS TO THE CONTRACTOR AND COMPLETION

14.1 Detailed Breakdown Of Contract Amount

Except in cases where unit prices form the basis for payment under the Contract, the

CONTRACTOR shall, within ten days of receipt of Notice of Award, submit a complete breakdown of the Contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead. Upon acceptance of the breakdown of the

Contract amount by the ENGINEER, it shall be used as the basis for all requests for payment.

Requests for payment shall be submitted to the ENGINEER utilizing an AIA G702 and G703 form, EJCDC C—620 form, or equivalent, as approved by the ENGINEER.

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CONDITIONS OF THE CONTRACT

14.1.a. Partial Monthly Payments

Once each calendar month, conforming to the monthly meeting schedule of the OWNER, the

OWNER will approve partial payment to the CONTRACTOR, on the basis of an estimate prepared and certified by the CONTRACTOR and accepted by the ENGINEER. The

CONTRACTOR will be notified as to the date each month when estimates must be submitted to the ENGINEER. In cases where Project funding is from State or Federal agencies, the OWNER will make prompt submittal to such agencies to permit drawdown of grant and/or loan funds.

Because of processing time required by governmental bodies, a period of 60 days may be required before the OWNER is in receipt of funds which will be used to pay the CONTRACTOR's periodic estimates. The CONTRACTOR will take cognizance of this fact and agrees that no claim for extra payment will be made due to the failure of the OWNER to make prompt payment if said delays are caused by such factors.

14.2 Amount of Retainage:

The following provisions shall be added to Article 14.3c of the General Conditions:

"In addition to the provisions of Article 14.9 of the General Conditions for withholding of funds from the Final Payment, the Owner may retain a portion of the amount of each progress payment otherwise due to the Contractor, as follows:

1. The Owner shall retain 10 percent of each approved progress payment until the

Work is 70 percent complete; then the retained payment shall be reduced to 5 percent of each approved progress payment until the Work is 100 percent complete".

14.3 Application for Progress Payment:

Add new subparagraphs (e) and (f) to Article 14.3, as follows:

(e) As a condition of receiving progress payments for Work completed to the date of the Application for Payment, the Contractor shall provide a fully executed Unconditional waiver and Release upon Progress Payment for itself covering all of the Work completed as of the date of Application for Payment, and a fully executed Unconditional Waiver and

Release Upon Progress Payment for each Subcontractor on the Project covering Work previously completed by said Subcontractors as of the date of the immediately preceding

Application for Payment."

(f) In addition to the foregoing requirements, the Owner shall have the right to require a Conditional Waiver and Release Upon Progress Payment from all Subcontractors to cover all of the Work of said Subcontractor up to the date of the Contractor's current

Application for Payment, pending receipt of an Unconditional Waiver and Release Upon

Progress Payment for the Subcontractor's Work.

ARTICLE 16 – CONTRACTOR’S DOWNTIME

The Contractor’s downtime must be documented on the Contractor’s Downtime Form, located in the Contract Documents, and signed by the Foreman and the Resident Project Representative for each incident. The Foreman and the Resident Project Representative must sign and date the reason for the downtime, the start time, the end time, what equipment was not being used, the titles of the workers who were affected by the downtime and what was done to resolve the downtime, such as relocate an existing utility in the way and what material was used to relocate the existing utility.