3-Part V.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 5

8 The Owner's Responsibilities 13

11 Change of Contract Price 14

12 Change of Contract Time 14

14 Payments to the Contractor And Completion 14

16 Contractor’s Downtime 16

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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.

Owner – The definition of Owner in the General Conditions shall apply.

The definition shall mean the Borough of Renovo, 128 5th Street, Renovo, PA 17764

ARTICLE 2 - PRELIMINARY MATTERS

2.1 Legal Address of the Owner:

The official address of the Owner shall be the Borough of Renovo, 128 5th Street, Renovo, PA 17764 or such other address as the Owner may subsequently designate in written notice to the Contractor.

2.2 Legal Address of the Engineer:

The official address of the Engineer shall be Peters Consultants, Inc., Consulting Engineers and Surveyors, 2701 Columbia Boulevard, Bloomsburg, PA 17815, or such other address as the Engineer may subsequently designate in writing to the Contractor.

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

The name and address of the Owner's Resident Project Representative shall be Peters Consultants, Inc., Consulting Engineers and Surveyors, 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 plant, 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, Drawings, 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 and all Subcontractors 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.

5.1 Performance and other Bonds will be replaced with the following:

A. Surety Bonds:

All Bonds will be taken with a corporate surety that is acceptable to the Owner and is authorized to do business in the State where the Work is to be performed.

All Bonds shall be in the form prescribed by law or regulation or by the Contract Documents and be executed by such sureties as are named either in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies: as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department or in the current edition of the “Surety List” of licensed companies published by the Commonwealth of Pennsylvania Insurance Department, Company Division System. All Bonds signed by an agent must be accompanies by a certified copy of the Authority to act, dated concurrent with the Bond.

If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any State where any part of the Project is located or it ceases to meet the requirements above, the Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to the Owner.

B. Performance and Payment Bonds

Before execution of the Contract Agreement, the Contractor shall furnish to the Owner the following bonds which shall become binding upon the awarding and execution of the Contract Agreement:

1) Performance Bond: At one hundred percent of the final Contract amount conditional upon the faithful performance of the Contract, in accordance with the Plans, Specifications and condition of this Contract. Such bond shall be solely for the protection of the Owner.

2) Payment Bond: At one hundred percent of the final Contract amount, such Bond shall be solely for the protection of individuals, firms, corporations, partnerships and associations supplying labor or materials to the Contractor or to any of his/her subcontractors in the prosecution of the Work provided for in the Contract and shall be conditioned for the prompt payment of all such material furnished or labor supplied or performed in the prosecution of the Work.

C. Maintenance Bond

At the time of final acceptance of the Project construction and prior to final payment, the Contractor will, unless otherwise indicated in the Detail Specifications, be required to furnish the Owner with a two-year Maintenance Bond in the amount of one hundred percent of the final contract amount covering the guarantee for one year for any required or necessary maintenance or repairs on the completed Project or necessary maintenance of highway surface or base.

D. Consent of Surety to Final Payment

At the time of final acceptance of the Project construction and prior to final payment, the Contractor will be required to provide a Consent of Surety to Final Payment from the Surety which issued the Performance and Payment Bonds, accompanies by a properly executed Power of Attorney, and indicating that all claims for labor and material on the Project have been satisfied and the Surety consents to have the final payment released to the Contractor.

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:

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CONDITIONS OF THE CONTRACT

(a) State: Pennsylvania Statutory Dollar Amount

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

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:

(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. Builder's Risk: Builders Risk Insurance as required under Article 5.2b.5 of the General Conditions; except, that it shall be written on a Course of Construction basis. Applies to Bid Schedule "A" only:

100 Percent of the Contract Price

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ARTICLE 6 - THE CONTRACTOR'S RESPONSIBILITIES

The following should be added:

6.7 Laws and Regulations:

The Work is located in the Borough of Renovo, Clinton County, Commonwealth of Pennsylvania.

The Contractor shall comply with all ordinances, regulations, and other lawful requirements of said Municipality, County, and Commonwealth governing the Work.

6.17 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.

6.18 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 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, 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 compensation overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

6.19 Non Discrimination and Equal Employment Opportunity:

Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religious creed, handicap, ancestry, national origin, age or sex. Each Bidder must submit a completed Certification of Bidder Regarding Equal Employment Opportunity. During the term of this Contract, Contractor and each Subcontractor agree to comply with all conditions of the Pennsylvania Human Relations Act #222, as amended, Executive Order 1972-1, the PA Human Relations Act, Act of October 27, 1955, P.L. 744, as amended (43 P.L. 951, et.seq.) and 43 P.L.

153, as amended.

6.20 Employment of Lower Income Residents and Business Utilization:

Attention of Bidders is particularly called to special requirements regarding employment of lower income residents of, and utilization of businesses in the locality where the Work is to be done.

6.21 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.

6.22 Certification of Non-Segregated Facilities:

Complete the attached Certification of Non-Segregated Facilities.

6.23 Certification of Bidder Regarding Equal Employment Opportunity:

Complete the attached Certification and Bidder Regarding Equal Employment Opportunity.

6.24 Certification by Proposed Subcontractor Regarding Equal Employment

Opportunity:

Complete the attached Certification of Proposed Subcontractor regarding Equal Employment Opportunity.

6.25 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 function 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.

6.26 Prohibition against Payments of Bonus or Commission:

The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining DCA approval of the application for additional assistance, or any other approval or concurrence of DCA required under this Agreement, Title I of the Housing and Community Development Act of 1874 or DCA regulations with respect thereto: Provided, however, that reasonable fees or bona fide technical consultants managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

6.27 Certification of Eligibility:

By entering into this Contract, the Contractor certifies that neither it (not he or she) nor any person of firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government Contracts.

6.28 General Conditions, Part II, Federal Requirements/State Requirements:

All Bidders must comply with the attached Federal Requirements.

6.29 Minority Business Enterprise Program:

All prospective Contractors and Subcontractors must complete the attached Affirmative Action Plan for Utilization of Minority Business before signing of Contract.

6.30 Employment Requirements

The provisions of this section may be superseded or supplemented by the Federal Requirements.

Certain thresholds of project size in dollars will trigger compliance with federal statute and/or regulations. The Owner has established certain minimum levels of participation of minority and female individuals for each construction trade. The Contractor agrees that all applicable Federal Requirements will apply to this Contract.

A. Equal Employment Opportunity

1. The Contractor will be required to comply with Title VI and other applicable provisions of the Civil Rights Act of 1964; the Department of Labor Equal Opportunity Clause (41 CFR 60-1.4); the President’s Executive Order 11246, 29 CFR Part 30, and all related laws, amendments and regulations of the Federal and State governments as it relates to equal employment opportunity.

2. The Contractor shall not discriminate against any applicant for employment, employee or any independent Contractor or any other person because of race, color, religion, sex, national origin, sexual orientation, or gender identity.

3. The 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, religion, sex, national origin, sexual orientation, or gender identity.

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.

4. The Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, notices setting forth the provisions of this nondiscrimination clause.

5. The Contractor shall in solicitations or advertisements placed by him/her, or on his/her behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, sexual orientation, or gender identity.

6. The Contractor shall send each labor union or workers’ representative with which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or worker’s representative of his/her commitment to this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Similar notices shall be sent to every other source of recruitment utilized by Contractor.

7. It shall be no defense to a finding of a noncompliance with Executive orders indicated in this Section or any Regulations issued pursuant to said Executive Orders of this nondiscrimination clause that the Contractor had delegated some of his/her employment practices to any union, training program or other source of recruitment which prevents him/her from meeting his/her obligations.

8. Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that the Contractor will be unable to meet his/her obligations under Executive Orders or any Regulations issued pursuant to said Executive Order or this nondiscrimination clause, the Contractor shall then employ and fill vacancies through other employment procedures without regard to their race, color, religion, sex, nation origin, sexual orientation, or gender identity, taking affirmative action to obtain qualified minority group persons.

9. The Contractor shall comply with all rules, regulations and orders issued by Federal and State governments relating to laws prohibiting discrimination in hiring or employment opportunities. In the event of the Contractor’s noncompliance with the nondiscrimination clause of this Contract or with any such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further contracts, and such other sanctions may be imposed and remedies invoked as provided by rule, regulation or order of Federal or State governments, or as otherwise provided by law.

10. The Contractor shall furnish all information and reports required by Federal or State governments and will permit access to his/her books, records and accounts by appropriate agencies for purposes of investigation to ascertain compliance with provisions of Executive Orders indicated in this Section or any Regulations issued pursuant to said Executive Orders or this nondiscrimination clause.

11. The Contractor shall actively recruit minority subcontractors or subcontractors with substantial minority representation among their employees.

12. The Contractor shall include the provisions of this section in every subcontract or purchase order, so that such provisions will be binding upon each subcontractor or vendor or other person.

13. The term used in this nondiscrimination clause shall have the same meaning as in the Contract Compliance Regulations issued pursuant to Executive Order 1972-1 and Executive Order 11246.

B. Employment of Local Labor

It shall be the Contractor’s responsibility, to the maximum extent practicable; to provide new job opportunities for the unemployed and under-employed in the area in which the Project is located, and the Contractor shall insert a similar provision in each construction subcontract for this Project. Where federal funding is involved, certain efforts and information are mandated by Federal statue and by grant agency regulations.

C. Minimum Pennsylvania Prevailing Wage Rates

The minimum Pennsylvania Prevailing Wage Rates for each craft or classification of all workers needed to perform this Contract during the anticipated term hereof shall, where applicable, be governed by either the “Davis-Bacon act” (40 U.S. Code 276(a)) or the “Pennsylvania Prevailing Wage Act” (54 P.S. 165-1 to 165-17).

The Contractor’s attention is directed to these two statutes so that the applicable provisions of either of these Acts shall be strictly adhered to in the performance of this Contract. Failure to adhere to the applicable provisions of these Acts shall be sufficient grounds for the Owner to declare this Contract in default or to terminate this Contract.

Projects funded with funds which are federal in origin will be subject to the provisions of the Federal Labor Standards Provisions. The provisions of the Davis-Bacon Act (40 USC 276a-5), the Contract Work Hours and Safety Standards Act (50 USC 327-333), and the Copeland Anti-Kickback Act (40 USC 276c) will be enforced upon the Contractor. Certain efforts and submittal or information is required by federal statute and regulation. The minimum Pennsylvania Prevailing Wage Rates applicable to all Contracts, are the responsibility of the Contractor, but are included herewith by the Owner as a convenience only.

D. Pennsylvania Prevailing Wage Act

All Contracts having an estimated or actual construction cost in excess of $25,000 performed within the Commonwealth of Pennsylvania which are not subject to the Walsh-Healey act or the Davis-Bacon act, shall be subject to the Pennsylvania Prevailing Wage Act.

For Contracts subject to the provisions of the Pennsylvania Prevailing Wager Act, the Prevailing Wage Predetermination shall become a part of the Contract and all of the provisions of said Act are included herein by reference.

The general prevailing minimum wage rates, including contributions for employee benefits, shall have been determined by the Secretary of Labor and Industry and must be paid to all workers employed in the performance of the Contract.

The Contractor shall pay no less than the Pennsylvania Prevailing Wage Rates as determined in the decision of the Secretary of Labor and Industry, and shall comply with the conditions of the Pennsylvania Prevailing Wage Act, as amended, and the Regulations issued pursuant thereto to assure the full and proper payment of said rates.

All workers shall be paid no less than such general prevailing minimum wage rates and such other provisions to assure payment thereof as heretofore set forth in these Specifications.

These provisions shall apply to all Work performed on the Contract by the Contractor, and to all Work performed on the Contract by all Contractors.

The Contractor shall insert in each of his/her subcontracts all of the stipulations contained in these required provisions and such other stipulations as may be required.

No workers may be employed on the public Work except in accordance with the classifications set forth in the decision of the Secretary. In the event that additional or different classifications are necessary, the procedure set forth in Section 7 of the Act shall be followed.

All workers employed or working on the public Work shall be paid unconditionally, regardless of whether any contractual relationship exists or the nature of any contractual relationship which may be alleged to exist between any Contractor, subcontractor and workers, not less than once a week without deduction or rebate, on any account, either directly or indirectly, except authorized deductions, the full amounts due at the time of payment, computed at the rates applicable to the time worked in the appropriate classifications. Nothing in the Contract, the Act, or these Specifications shall prohibit the payment of more than the general prevailing minimum wage rates as determined by the Secretary, to any workers on public Work.

The Contractor and each subcontractor shall post for the entire period of construction, the wage determination decisions of the Secretary, including the effective date of any changes thereof, in a prominent and easily accessible place or places at the site of the Work and at such place or places used by them to pay workers their wages. The posted notice of Pennsylvania Prevailing Wage Rates must contain the following information:

1. Name of Project.

2. Name of public body for which it is being constructed.

3. The crafts and classifications of workers listed in the Secretary’s general prevailing minimum wage determination for the particular project.

4. The general prevailing minimum wage rates determined for each craft and classification and the effective date of any changes.

5. A statement advising workers that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the Contractor and/or subcontractor are not complying with the Act in any manner whatsoever, they may file a protest in writing with the Secretary of Labor and industry within three (3) months of the date of occurrence, objecting to the payment to any Contractor to the extent of the amount or amounts due or to become due to them as wages for Work performed on the public Work Project. Any workers paid less than the rate specified in the Contract shall have civil right of action for the difference between the wage paid and the wages stipulated in the Contract, which right of action must be exercised within six (6) months from the occurrence of the event creating such right.

The Contractors and all subcontractors are required to submit, as a condition for the approval of periodic payments, a copy of the payroll document covering the Project Work period for which a progress payment is requested. This documentation is necessary in order for the Department to enforce the Contract requirement for the payment of the Pennsylvania Prevailing Minimum Wage Rates including the indicated fringe benefits. Payroll documents are to include the following information:

a. Names of all workers covered by the Pennsylvania Prevailing Minimum Wage

Act.

b. Trade or craft by hours of time worked during the payment period.

c. Hourly rate, plus mandatory fringe benefits, as required for the various trades or crafts under the minimum wage requirements.

The Contractor and all subcontractors shall keep an accurate record showing the name, craft and/or classification, number of hours worked per day, and the actual hourly rate of wage paid (including employee benefit) to each worker employed by him/her in connection with the public Work, and such record must include any deductions from each worker. The record shall be preserved for two years from the date of payment, and shall be open at all reasonable hours to the inspection of the Owner and to other authorized officials.

Apprentices shall be limited to such numbers as shall be in accordance with a bona fide apprenticeship program registered with and approved by the Pennsylvania Apprenticeship and Training Council, or similar applicable program in other States, and only apprentices whose training and employment are in full compliance with the provisions of the Apprenticeship and Training Act approved July 14, 1961, (Act Number 304) and the Rules and Regulations issued pursuant thereto shall be employed on the public work project. Any worker using the tools of a craft who does not qualify as an apprentice within the provisions of this subsection shall be paid the rate predetermined for journeymen in that particular craft and/or classification.

Wages shall be paid without any deductions except authorized deductions.

Employers not parties to a Contract requiring contributions for which the Secretary has determined to be included in the general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workers.

Payment of compensation to workers for Work performed on public Work on a lump sum basis, or a piece work system, or a price certain for the completion of a certain amount of work, or the production of a certain result shall be deemed a violation of the Act and these Specifications, regardless of the average hourly earnings resulting therefrom.

Each Contractor and each subcontractor shall file a statement each week and a final statement at the conclusion of the Work on the Contractor with the Owner, under oath, and upon an approved form which will be supplied by the Owner, certifying that all workers have been paid wages in strict conformity with provisions of the Act, or if any wages remain unpaid to set forth the amount of wages due and owing to each worker respectively.

6.31 Sexual Harassment

Contractor 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. Contractor shall include the provisions of this sexual harassment clause in every subcontract, so that such provisions will be binding upon each subcontractor.

6.32 Minority and Women Business Enterprises

The promotion and encouragement of minority and/or women business enterprises is a commitment and objective of the Owner. The goals and objectives of Executive Orders 11625 and 12138 will be enforced under this Contract. The Contractor agrees to abide by these Executive Orders and by the Owner’s Minority and Women’s Business Enterprise Action Plan and to involve Minority and Women’s Business Enterprises to the greatest extent feasible on the Project, either as subcontractors, material suppliers, or service providers. All records of solicitation and utilization of MBEs and WBEs will be kept and submitted to the Owner by the Contractor as required by the Owner’s Minority and Women’s Business Enterprise Action Plan. The Minority and Women’s Business Enterprise Action Plan may be reviewed in its entirety at the office of the Owner.

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; 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 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 50 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:

The following provisions shall replace Article 14.3a of the General Conditions:

“Once each calendar month, conforming to the monthly meeting schedule of the Owner, the Owner will approve partial payment to the Contactor, 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.

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 complete 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 required 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.

Add new subparagraph (c) to Article 14.9, as follows:

“When the Project is substantially complete, the Contractor may request a final inspection and submit an application for final payment. Within 30 days after receipt of the request for final inspection, the Engineer shall perform a “Final Inspection” of the Contractor’s Work. If the Project is “Substantially Complete,” the Engineer shall issue a certificate of “Substantial Completion,” and shall process the application for Final Payment. The Owner shall, within 60 days from the date of “Substantial Completion,” pay the Contractor in full for all Work completed and the amount retained shall be no more than one and one-half times the amount necessary to complete any then remaining uncompleted minor items, as determined by the Engineer. The payment(s) from the Owner after substantial completion of the contract shall bear interest at the rate of 10% per annum after the date such payment becomes due and payable as indicated above.

The Engineer shall list in detail each and every uncompleted item and a reasonable cost of completion. Final payment of any amount so withheld for the completion of minor items shall be paid within 60 days of completion of the items listed by the ENGINEER and submittal of the “Consent of Surety to Final Payment” and all required guarantee and maintenance bonds.

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.