39-Doc 00 73 00 - 00 - SUPPLEMENTARY CONDITIONS.pdf

SUPPLEMENTARY CONDITIONS

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DOCUMENT 00 73 00

TABLE OF CONTENTS

PARAGRAPH TITLE PAGE

1.01 Defined Terms 2

1.02 Commencement of Contract Times 2

1.03 Schedule of Values 2

1.04 Finalization of Schedules 2

1.05 Contract Documents 2

1.06 Subsurface and Physical Conditions (except Underground Facilities) 3

1.07 Reference Points 3

1.08 Hazardous Environmental Conditions at Site 3

1.09 Additional Bonds Required 3

1.10 Insurance Coverage and Limits 4

1.11 Payment Information to Subcontractors Suppliers and Others 8

1.12 Prevention of Environmental Pollution 8

1.13 Pennsylvania Prevailing Wage Act 8

1.14 Steel Products Procurement Act 9

1.15 Public Works Employment Verification Act 9

1.16 Tax Exemptions 9

1.17 Emergency Maintenance 10

1.18 Submittals 10

1.19 Related Work at the Site & Coordination 10

1.20 Claims between Contractors 10

1.21 Duties, Responsibilities and Limitation of Authority of the Resident Project Representative 10

1.22 Unit Price Work Reevaluation 12

1.23 Progress Payments 12

1.24 Payment for Items On Site 13

1.25 Blasting Requirements 13

1.26 Permits 13

1.27 Prohibition of Discrimination 13

1.28 Underground Facilities 13

1.29 Final Inspection 14

1.30 Final Payment 14

1.31 Dispute Resolution 14

1.32 OSHA Compliance 15

1.33 Inquiries 15

APPENDIX A - Prevailing Minimum Wage Determination

APPENDIX B – Public Works Employment Verification Form

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SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC No. C-700 (2007 Edition). All provisions which are not so amended or supplemental remain in full force and effect.

The terms used in these Supplementary Conditions have the meanings stated 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.

1.01 DEFINED TERMS

A. The terms "Bidding Documents" and "Bidding Requirements" as defined in Article 1 of the General Conditions are amended to include the Agreement of Surety and the Bidder Qualification Statement.

B. The term “Substantial Completion” as defined in Article 1 of the General Conditions is supplemented to include completion of all facilities associated with the Work of the Project to the point of startup, approval of the Operation and Maintenance Manual, completion of training for Owner’s staff, and successful startup of all facilities associated with the Work of the Project.

C. Additional Defined Terms:

1. Owner's Site Representative - The authorized representative of Owner who is assigned to the site or any part thereof.

2. Products - Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components specifically identified for reuse.

3. Engineer’s Consultant – An individual or entity having a contract with Engineer to furnish services as Engineer’s independent professional associate or consultant with respect to the Project and includes the following parties:

a. Gilmore & Associates, Inc.

1.02 COMMENCEMENT OF CONTRACT TIMES

Relative to Article 2, Paragraph 2.03.A, amend the last sentence to read as follows. In no event will the Contract Times commence to run later than the thirtieth day after the Effective Date of the Agreement.

1.03 SCHEDULE OF VALUES

Relative to Article 2, Paragraphs 2.05.A.3 and 2.07.A.3 of the General Conditions, the Schedule of Values of the Work for that portion of the Contract where unit prices do not apply, shall be divided on the basis of major divisions: i.e., site work, building A, tank B, etc.. Each major division shall be further subdivided to include all Work associated with that major division: i.e., earthmoving, reinforcing steel, concrete, masonry, miscellaneous metal, doors and frames, glass and glazing, carpentry and woodwork, roofing and shingles, insulation, heating and ventilation equipment, plumbing, interior piping, yard piping, equipment, paving, landscaping, etc. Equipment shall be further subdivided into equipment cost and installation cost.

1.04 FINALIZATION OF SCHEDULES

A. Relative to Article 2, Paragraph 2.07.A of the General Conditions, delete the initial two (2) sentences and replace with the following sentence. The schedules noted in paragraph 2.05.A shall be finalized and resubmitted to Engineer within ten (10) days of receipt of verbal or written comments by Engineer.

1.05 CONTRACT DOCUMENTS

A. In accordance with Article 3, Paragraph 3.01.A of the General Conditions, all work shall be completed in accordance with the Contract Documents. The Contract Documents are listed in Article 9 of the Agreement.

B. Contractor shall have available on the Site at all times one set each of the Drawings, the Project Manual, all Addenda and Change Orders, and approved Shop Drawings.

C. The Project Manual consists of the following:

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1. Procurement and Contracting Requirements

2. Division 1 - General Requirements

3. Divisions 2 through 48 - Technical Requirements

D. The Drawings are listed in Document 00 01 15.

The Drawings indicate plans, details, and notes for completing the Work under this contract. Due to the small scale of the Drawings, it is not possible to indicate all fittings, accessories, or incidentals required to provide a functionally complete Project under the Contract.

It is not intended that the Drawings be scaled to determine dimensions. Contractor shall conduct his work in accordance with the dimensions specifically noted elsewhere in the Project Manual.

E. Relative to the Article 2, Paragraph 2.02.A of the General Conditions, delete the Paragraph in its entirety and insert the following in its place. Engineer will furnish to Contractor up to the following number of Drawing sets and complete volumes of the Project Manual with Addenda.

No. of No. of

Contract Drawing Sets Project Manuals

2026-00060 1 1

Additional copies may be obtained from Engineer upon request at the cost of reproduction.

F. Relative to Article 3, Paragraph 3.01.B of the General Conditions, the Contract Documents are intended to indicate as clearly as practicable the Work to be done. However, construction details cannot always be accurately anticipated and in executing the Work, field conditions may require reasonable modifications in the details of the Drawings and the Work involved. Work shall be carried out to meet these field conditions to the satisfaction of Engineer and in strict conformance with his instructions.

1.06 SUBSURFACE AND PHYSICAL CONDITIONS (EXCEPT UNDERGROUND FACILITIES)

A. In accordance with Article 4, Paragraph 4.02.A.2 of the General Conditions, this is to advise that no drawings of physical conditions relating to existing surface and subsurface structures (except Underground Facilities) at the Site are known to Owner; Paragraph 4.02.B of the General Conditions becomes not applicable with respect to Paragraph 4.02.A.2 of the General Conditions.

1.07 REFERENCE POINTS

A. Relative to Article 4, Paragraph 4.05.A of the General Conditions, Owner shall provide engineering surveys to establish reference points for horizontal and vertical control which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall layout the Work based on the established reference points in accordance with the Drawings and any "cut" sheets prepared by Engineer.

1.08 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE

A. In accordance with Article 4, Paragraph 4.06.A of the General Conditions, this is to advise that no reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner;

Paragraph 4.06, B. becomes not applicable.

1.09 ADDITIONAL BONDS REQUIRED

A. Relative to Article 5, Paragraph 5.01.A, Contractor shall provide a Maintenance Bond prior to release of the Final Payment relative to repair of any and all defects in materials or workmanship in the Work which may develop during the maintenance period.

B. The amount of the Maintenance Bond shall be 15% of the completed Contract price (including all Change Orders).

C. The Maintenance Bond shall remain in effect for eighteen (18) months after the date of final acceptance of the Work by Owner.

D. The Surety shall utilize the Maintenance Bond form in the Project Manual or equivalent.

E. The Surety shall meet the requirements set forth in Article 5, Paragraphs 5.01 and 5.02 of the General Conditions.

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1.10 INSURANCE COVERAGE AND LIMITS

In accordance with Article 5, paragraph 5.04 of the General Conditions, CONTRACTOR shall provide the following coverages of liability insurance with limits of liability for not less than the following amounts or greater where required by Laws and Regulations:

A. General Insurance Requirements

1. The Contractor shall not commence Work until the Contractor has obtained at the Contractor's own expense all of the insurance as required hereunder and such insurance has been approved by the Township; nor shall the Contractor allow any Subcontractor to commence work on any subcontract until all insurance required of the Subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor will be granted only after submission to the Township of original certificates of insurance signed by authorized representatives of the insurers or, at the Township's request, certified copies of the required insurance policies.

2. Insurance as required hereunder shall be in force throughout the term of the Contract and for two years after final payment for the Work by the Township in accordance with C.1.a.iv. Original certificates signed by authorized representatives of the insurers or, at the Township's request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be maintained with the Township throughout the term of the Contract and for two years after final payment for the Work by Township.

3. The Contractor shall require all Subcontractors to maintain during the term of the Contract commercial general liability insurance, business auto liability insurance, and workers compensation and employers liability insurance to the same extent required of the Contractor in C.1.a, C.1.b, and C.1.c unless any such requirement is expressly waived or amended by the Township in writing.

The Contractor shall furnish Subcontractors' certificates of insurance to the Township immediately upon request.

4. All insurance policies required hereunder shall be endorsed to provide that the policy is not subject to cancellation, non-renewal or material reduction in coverage until sixty (60) days prior written notice has been given to the Township.

Therefore, the phrases "endeavor to" and "... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" are to be eliminated from the cancellation provision of standard ACORD certificates of insurance.

5. No acceptance and/or approval of any insurance by the Township shall be construed as relieving or excusing the Contractor or the Contractor's Surety from any liability or obligation imposed upon either or both of them by the provisions of this Contract.

6. If the Contractor does not meet the insurance requirements of this Contract, the Contractor shall forward a written request to the Township for a waiver in writing of the insurance requirement(s) not met or approval in writing of alternate insurance coverage, self-insurance, or group self-insurance arrangements. If the Township denies the request, the Contractor must comply with the insurance requirements as specified in this Contract.

7. All required insurance coverages must be underwritten by insurers allowed to do business in the State of Pennsylvania and acceptable to the Township. The insurers must also have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest evaluation by A. M. Best Company, unless Township grants specific approval for an exception.

The Township hereby grants specific approval for the acquisition of workers compensation and employers liability insurance from the Injured Workers Insurance Fund of Pennsylvania.

8. Any deductibles or retentions in excess of $10,000 shall be disclosed by the Contractor, and are subject to Township's written approval. Any deductible or retention amounts elected by the Contractor or imposed by the Contractor's insurer(s) shall be the sole responsibility of the Contractor.

9. Any and all return premiums and/or dividends for insurance or coverage directly charged to the Township by the Contractor in connection with this Contract shall belong to and be payable to the Township.

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10. If the Township is damaged by the failure or neglect of the Contractor to purchase and maintain insurance as described and required herein, without so notifying the Township, then the Contractor shall bear all reasonable costs properly attributable thereto.

B. Township's Liability Insurance

1. The Township shall be responsible for purchasing and maintaining the Township's usual liability insurance, or solely at the Township's option, the Township may self-insure the Township's liability exposures.

C. Contractor's Liability Insurance

1. The Contractor shall purchase and maintain the following insurance coverages which shall be written for not less than the limits specified below or required by law, whichever is greater.

a. Commercial general liability insurance or its equivalent for bodily injury, personal injury and property damage including loss of use, with minimum limits of:

$ 2,000,000 each occurrence;

$ 2,000,000 personal and advertising injury;

$ 2,000,000 general aggregate; and $ 2,000,000 products/completed operations aggregate.

This insurance shall include coverage for all of the following:

i. General aggregate limit applying on a per project basis;

ii. Liability arising from premises and operations;

iii. Liability arising from the actions of independent contractors;

iv. Liability arising from products and completed operations with such coverage to be maintained for two years after completion of the Work;

v. Contractual liability including protection for the Contractor from bodily injury and property damage claims arising out of liability assumed under this Contract; and

vi. Liability arising from the explosion, collapse, or underground (XCU) hazards.

b. Business auto liability insurance or its equivalent with a minimum limit of $1,000,000 per accident and including coverage for all of the following:

i. Liability arising out of the ownership, maintenance or use of any auto; and

ii. Automobile contractual liability.

c. Workers compensation insurance or its equivalent with statutory benefits as required by any state or Federal law, including standard "other states" coverage; employers liability insurance or its equivalent with minimum limits of:

$ 100,000 each accident for bodily injury by accident;

$ 100,000 each employee for bodily injury by disease; and $ 500,000 policy limit for bodily injury by disease.

d. Umbrella excess liability or excess liability insurance or its equivalent with minimum limits of:

$ 2,000,000 per occurrence;

$ 2,000,000 aggregate for other than products/completed operations and auto liability;

$ 2,000,000 products/completed operations aggregate and including all of the following coverages on the applicable schedule of underlying insurance:

i. Commercial general liability;

ii. Business auto liability; and

iii. Employers liability.

e. Township and its elected and appointed officials, officers and employees, and the Engineer shall be named as additional insureds on the Contractor's commercial general liability insurance and umbrella excess or excess liability insurance policies with respect to liability arising out of the Contractor's products, installation, and/or services provided under this

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Contract. Such coverage shall extend to cover the additional insured(s) for liability arising out of the following:

i. On-going operations; and

ii. Products and completed operations.

The commercial general liability policy and the umbrella excess liability or excess liability policies, if required herein, must include additional insured language, which shall afford liability coverage for the exposures listed above in i. and ii.

The CONTRACTOR shall provide a declarations page evidencing that the Township and its elected and appointed officials, officers and employees, and the Engineer are added as additional insured.

Special Note: Policies endorsed with the following combinations of ISO forms shall be acceptable:

CG 2010 entitled “Additional Insured - Owners, Lessees or Contractors – Scheduled Person or Organization” and CG 2037 entitled “Additional Insured - Owners, Lessees or Contractors – Completed Operations”;

OR

CG 2033 entitled “Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You” and CG 2037 entitled “Additional Insured - Owners, Lessees or Contractors – Completed Operations”.

Both endorsements are required to afford coverage to the additional insured for both on-going operations and products and completed operations. Additionally, the schedules on these endorsements must properly reference Township’s elected and appointed officials, officers and employees, and Engineer.

f. Insurance or self-insurance provided to Township and their elected and appointed officials, officers and employees, and Engineer under any Contractor's liability insurance or self-insurance required herein, including, but not limited to, umbrella and excess liability or excess liability policies, shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurance or self-insurance. (Any cross suits or cross liability exclusion shall be deleted from Contractor's liability insurance policies required herein.)

g. Insurance or self-insurance provided to Township and their elected and appointed officials, officers and employees as specified herein shall be primary, and any other insurance, self-insurance, coverage or indemnity available to Township and their elected and appointed officials, officers and employees, and Engineer shall be excess of and non-contributory with insurance or self-insurance provided to Township and their elected and appointed officials, officers and employees as specified herein.

2. If any liability insurance purchased by the Contractor has been issued on a "claims made" basis, the Contractor must agree to comply with the following additional conditions:

a. The Contractor shall maintain each such “claims made” coverage and shall provide certificate(s) of insurance evidencing each such “claims made” coverage for a period of two years after final payment for the Contract. Such certificate(s) shall evidence a retroactive date no later than the beginning of the Work under this Contract; or

b. The Contractor shall purchase an extended (minimum two years) reporting period endorsement for each such "claims made" policy in force as of the date of final acceptance and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself. Such certificate or copy of the endorsement shall evidence a retroactive date no later than the beginning of the Work under this Contract.

D. Contractor's Property Insurance

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1. Property Lost, Damaged or Destroyed: Any property or work to be provided by the Contractor under this Contract will remain at the Contractor’s risk until final written acceptance by the Township. The Contractor will replace, at its expense, all property or work lost, damaged, or destroyed by any cause whatsoever. As such, the Contractor may, at its option, purchase and maintain installation floater or other property insurance covering the Work and the materials going into the Work.

2. The Contractor and its Subcontractors shall, at their own expense, purchase and maintain property insurance coverage for their owned, leased or rented machinery, tools or equipment. The Contractor, and its Subcontractors, hereby waive all rights against the Owner and its elected and appointed officials, officers and employees for property damage to or loss of use of such machinery, tools or equipment to the extent that such property damage or loss of use is covered by the Contractor's or Subcontractor's property or equipment floater insurance or other similar property insurance maintained by the Contractor or its Subcontractors. The policies shall provide such waivers of subrogation by endorsement or otherwise.

E. Indemnification and Other

1. Indemnification: To the fullest extent permitted by law, the Contractor shall protect, hold free and harmless, defend and indemnify the Township (including its elected or appointed officials, officers and employees, and Engineer) from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments (including attorney’s fees) resulting from injury to or death of any person or damage to property of any kind, which injury, death of any person or damage arises out of, or is in any way connected with the performance of the work under this Contract. This agreement shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, including acts or omissions of Contractor’s agents or employees, except that this agreement shall not be applicable to injury, death or damage to property arising from the sole negligence or sole willful misconduct of the Township (including its elected or appointed officials, officers and employees, and Engineer). Accordingly, the Township shall notify the Contractor promptly, in writing, of any claim or action brought against the Township in connection with the work under this Contract. Upon such notification, the Contractor shall promptly take over and defend any such claim or action. The Township shall have the right and option to be represented in any such claim or action at its own expense. The Contractor’s obligation to defend and indemnify the Township and its elected or appointed officials, officers and employees, and Engineer shall survive the termination of this Contract or completion of the Work.

2. To the fullest extent permitted by law, the Contractor shall be solely responsible for any loss or damage to property of the Contractor or its subcontractors, invitees, employees, officials, volunteers, agents and representatives while such property is within or adjacent to the Township’s borders.

3. Acknowledgment of Service Provider’s Independent Contractor Status and No Coverage for Service Provider under Township’s Workers Compensation Insurance: The Contractor hereby acknowledges its status as an independent contractor while performing services on behalf on the Township and that the Township’s workers compensation insurance is not intended to and will not respond to cover any medical or indemnity loss arising out of injury to the Contractor or its employees during the Contractor’s performance of services for the Township.

4. In accordance with Article 5, paragraph 5.06 of the General Conditions, CONTRACTOR will provide property insurance in the form of installation/builder's risk which shall be in an amount at least equal to the contract price and which shall remain in effect for two years after final payment.

5. The following parties are to be included by endorsement as additional insureds on CONTRACTOR's insurance policies (except for Worker's Compensation):

(a) OWNERS

(b) ENGINEER

With respect to Article 5, paragraph 5.02.A of the General Conditions, CONTRACTOR shall purchase and maintain insurance from a company or companies each of which shall carry a "Best's Rating" with a Class VII and underwriting rating of A-.

Relative to Article 2, paragraph 2.05.C of the General Conditions, the first phrase is deleted.

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CONTRACTOR will provide a certificate(s) of insurance in compliance with the above terms of Item A when CONTRACTOR delivers the executed Agreement to OWNER and thereafter should any required insurance policy expire prior to completion and acceptance of the Work. Relative to Article 5, paragraph 5.09.A, the first sentence is revised to delete the ten (10) day time period; the insurance certificate(s) must be acceptable prior to execution of the Agreement unless CONTRACTOR and OWNER agree to a different time frame relative to review and acceptance.

CONTRACTOR shall be responsible to insure that all subcontractors conform to the above insurance requirements.

The CONTRACTOR shall provide a declarations page evidencing that the Township and its elected and appointed officials, officers and employees, and the Engineer are added as additional insured.

1.11 PAYMENT INFORMATION TO SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. Relative to Article 6, paragraph 6.06.C.2 of the General Conditions, Owner may furnish to any such Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier.

1.12 PREVENTION OF ENVIRONMENTAL POLLUTION

A. Relative to Article 6, Paragraph 6.09.A of the General Conditions and pursuant to the requirements set forth in the Commonwealth of Pennsylvania's Procurement Statute (62 PA C.S. §3301), Contractor shall be familiar with and comply with the provisions of Federal and State statutes, rules and regulations dealing with the prevention of environmental pollution, and the preservation of public natural resources that affect the Project.

B. Any additional work which must be performed as a result of the enactment of new or amended statutes or rules and regulations subsequent to the bid opening date shall be the subject of a Change Order in accordance with the requirements of the Commonwealth of Pennsylvania Procurement Statute (62 PA.C.S. §3302), and the Contract Documents.

1.13 PENNSYLVANIA PREVAILING WAGE ACT

A. Relative to Article 6, Paragraph 6.09.A of the General Conditions, Contractor is advised that this project is subject to the requirements of the Pennsylvania Prevailing Wage Act (Act 442 as amended) if the Contract Price exceeds $25,000.00.

B. Contractor's wage rates shall comply with the Prevailing Minimum Wage Determination issued by the Secretary of the Department of Labor and Industry which is included as Appendix A of these Supplementary Conditions if the Contract Price exceeds $25,000.00.

1.14 STEEL PRODUCTS PROCUREMENT ACT

A. Relative to Article 6, Paragraph 6.09.A of the General Conditions, Contractor shall comply with the Steel Products Procurement Act (P.L. 6, No. 3 enacted March 3, 1978).

1.15 PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

A. Relative to Article 6, Paragraph 6.09.A of the General Conditions, Contractor is advised that this project is subject to requirements of the Public Works Employment Verification Act (P.L. 1086, No. 127 enacted July 5, 2012) if the Contract Price exceeds $25,000.

B. Contractor shall comply with the requirements of the Public Works Employment Verification Act, including submission of the Public Works Employment Verification Form included as Appendix B of these Supplementary Conditions to the public body that is bidding and awarding the Contract if the Contract Price exceeds $25,000.00.

C. Subcontractors shall also be subject to the requirements of the Public Works Employment Verification Act if the total Contract Price exceeds $25,000, regardless of the value of the subcontract.

D. Subcontractors shall comply with the requirements of the Public Works Employment Verification Act, including submission of the Public Works Employment Verification Form included as Appendix B of these Supplementary Conditions to the contracting public body if the Contract Price exceeds $25,000.00, regardless of the value of the subcontract, prior to beginning either onsite or offsite work.

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1.16 TAX EXEMPTIONS

A. In accordance with Article 6, Paragraph 6.10.A of the General Conditions, Contractor will be responsible for the payment of all Excise, Sales, or Use Taxes, and all other taxes required by law on all labor, materials, tools, apparatus, equipment, fixtures, and incidentals which Contractor purchases or uses for the purpose of fulfilling the Work.

B. Tax Exemption. Contractor may purchase equipment, materials and supplies exempt from tax through the use of an Exempt Purchaser's Certification and Sales and Use Tax Exemption Certificate furnished by Owner if the equipment, materials and supplies being purchased will be directly used in this project, including restoration activities which are directly associated with and necessary to complete this project.

C. Contractor, in preparing his proposal, shall ascertain those items that will be tax exempt in accordance with Commonwealth of Pennsylvania Law and Department of Revenue Regulations. Owner shall not be responsible for additional payments to Contractor for any tax payments for those items not tax exempt.

1.17 EMERGENCY MAINTENANCE

A. In accordance with Article 6, Paragraph 6.16.A of the General Conditions, Contractor shall have available at all times, including nights, weekends, and holidays, an emergency maintenance crew and a person of authority and responsibility to act in cases of emergency such as flooding, cave-ins, etc., resulting from construction associated with the Contract. Contractor shall submit to Owner the names and location of emergency personnel prior to the start of construction.

B. Contractor will be responsible for the cost of any such emergency work done by anyone other than himself.

1.18 SUBMITTALS

A. Relative to Article 6, Paragraph 6.17.E, Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time.

B. Relative to Article 6, Paragraph 6.17.E, in the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer’s charges for its review time unless the need for such change is beyond the control of Contractor.

1.19 RELATED WORK AT THE SITE & COORDINATION

A. Relative to Article 7, Paragraphs 7.01.A and 7.01.B of the General Conditions, Contractor is advised that no related work is to be performed at the Site by other parties.

Refer to Summary of Work Section 01 11 13 for further information on the related work to be performed by other parties.

C. Relative to Article 7, Paragraphs 7.02.A and 7.02.B of the General Conditions, Contractor will have authority and responsibility for coordination of certain activities involving the above noted other parties relative to construction of the Project. Refer to Coordination and Meetings (Section 01 31 00) for further information.

1.20 CLAIMS BETWEEN CONTRACTORS

A. Relative to Article 7, 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 contractor against Contractor, Owner, Engineer, or the construction coordinator, then Contractor (without involving Owner, Engineer, or construction coordinator) shall either (1) remedy the damages, (2) agree to compensate the other contractor for remedy of the damages, or (3) remedy the damages and attempt to settle with such other contractor by agreement, or otherwise resolve the dispute by arbitration or at law.

B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, the construction coordinator and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, fees and charges of engineers, architects, attorneys, and other

00 73 00-10 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, consultants, or the construction coordinator 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, or the construction coordinator 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, or the construction coordinator on account of any such damage or Claim.

C. If Contractor is delayed at any time in performing or furnishing the 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 construction coordinator for any delay, disruption, interference or hindrance caused by any other contractor. This paragraph does not prevent recovery from Owner, Engineer, or construction coordinator for activities that are their respective responsibilities.

1.21 DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF

THE RESIDENT PROJECT REPRESENTATIVE

A. In accordance with Article 9, Paragraph 9.03.A of the General Conditions, a Resident Project Representative including assistants and other field staff as required will be provided by Engineer to observe the performance of the work of Contractor.

The Resident Project Representative (RPR) will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR’s actions.

RPR’s dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR’s dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor.

B. RPR shall:

1. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability.

2. Conferences and Meetings: Attend meetings with Contractor such as preconstruction conferences, progress meetings, and job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof.

3. Liaison:

a. Serve as Engineer's liaison with Contractor, working principally through Contractor's authorized representative, assist in providing information regarding the intent of the Contract Documents.

b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations.

c. Assist in obtaining from Engineer additional details or information, when required for proper execution of the Work.

4. Interpretation of Contract Documents: Report to Engineer when clarification and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer.

5. Shop Drawings and Samples:

a. Record date of receipt of Samples and approved Shop Drawings.

b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination.

6. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer.

Transmit to Contractor in writing decisions as issued by Engineer.

7. Review of Work and Rejection of Defective Work:

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a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents.

b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

8. Inspections, Tests, and System Startup:

a. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof.

b. Observe, record and report to Engineer appropriate details relative to the test procedures and startups.

9. Records:

a. Record names, addresses, fax numbers, e-mail addresses, web-site locations and telephone numbers of all Contractors, Subcontractors and major Suppliers of materials and equipment.

b. Maintain records for use in preparing Project documentation.

10. Reports:

a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals.

b. Draft and recommend Engineering proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor.

c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition.

11. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.

RPR shall to the maximum feasible extent coordinate with Contractor to reach agreement on quantities involved with unit price work prior to submission of a payment request.

12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work.

13. Completion:

a. Participate in a Substantial Completion inspection, assist in determination of Substantial Completion, and the preparation of lists of items to be completed or corrected.

b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied.

c. Observe whether all items on the final list have been completed or corrected and make

00 73 00-12 recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work.

C. The RPR shall not:

1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).

2. Exceed limitations of Engineer's authority as set forth in the Contract Documents.

3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers or Contractor's superintendent.

4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work unless such advice or directions are specifically required by the Contract Documents.

5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer.

7. Accept Shop Drawing or Sample Submittals from anyone other than Contractor.

8. Authorize Owner to occupy the Project in whole or in part.

1.22 UNIT PRICE WORK REEVALUATION

A. Relative to Article 11, Paragraph 11.03.D of the General Conditions, the paragraph I deleted in its entirety with the following paragraph substituted in its place:

The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:

1. if the Bid Price of a particular item of Unit Price Work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 20% from the estimated quantity of such item indicated in the Agreement; and

2. if there is no corresponding adjustment with respect to any other item of Work; and

3. if Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed.

1.23 TESTS AND INSPECTIONS

A. Relative to Article 14, Paragraph 13.03.B of the General Conditions, the sentence is to be amended to read “Contractor shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents:”

1.24 PROGRESS PAYMENTS

A. Relative to Article 14, Paragraph 14.02.C.1 of the General Conditions, the sentence is to be amended by adjusting the time period at which time a progress payment becomes due from ten days following presentation by Engineer to Owner to forty-five days following the date the application for payment is received.

B. Relative to Article 14, Paragraphs 14.02.B.5 and 14.02.D.1 of the General Conditions, Engineer may also refuse to recommend the whole or any part of any payment and/or Owner may refuse to make payment of the full amount recommended by Engineer because:

1. Contractor has failed to provide acceptable submittals in accordance with the required and/or accepted schedule.

00 73 00-13

2. Contractor has incurred liability for liquidated damages.

3. Contractor delays or rejection of defective work has caused Owner to pay Engineer additional compensation.

4. Contractor has failed to maintain a record copy of all Contract Documents annotated to show all changes made during construction.

1.24 PAYMENT FOR ITEMS ON SITE

A. There are no materials and equipment associated with this Work for which payment upon delivery will be considered.

B. After onset of construction, Contractor may receive up to fifty (50) percent of the cost of such approved items contingent upon proof of delivery and a paid invoice from the manufacturer, proof of storing in proper conditions as per manufacturer's recommendations, and subject to Engineer's approval. Prior to payment, Contractor shall satisfy Owner that Contractor's insurance will continue to protect Owner in the event of damage, theft, etc.

C. Contractor shall be responsible for insuring that all materials and equipment, ordered by him and left on the construction site, shall not hinder others in their Work and shall be protected from exposure to the elements and from theft or damage by vandals. Anything damaged or taken shall be replaced by Contractor at Contractor's expense.

1.25 BLASTING REQUIREMENTS

A. This section not used.

1.26 PERMITS

A. Relative to Article 6, Paragraph 6.08.A of the General Conditions, this is to advise that Owner shall be responsible for obtaining required permits from PADEP and PennDOT (except for pre-drilling approval). Contractor shall be responsible for obtaining all required local municipal permits (building permit, blasting permit, contractor’s license, etc.) and any pre-drilling approval from PennDOT.

Contractor shall also be responsible for providing any blasting bond(s) or financial security required.

1.27 PROHIBITION OF DISCRIMINATION

A. Relative to Article 6, Paragraph 6.09.A of the General Conditions and pursuant to the provisions of

62 PA.C.S. 3701, Contractor shall comply with the following provisions prohibiting discrimination relative to performance of the Work under this Agreement.

1. In the hiring of employees for the performance of Work under the Contract or any subcontract, no Contractor, Subcontractor or any person acting on behalf of the Contractor or Subcontractor shall 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.

2. No Contractor or Subcontractor or any person on their behalf shall in any manner discriminate or intimidate any employee hired for the performance of Work under the Contract on account of gender, race, creed or color.

3. The Contract may be canceled or terminated by Owner and all money due or to become due under the Contract may be forfeited for a violation of the terms or conditions of that portion of the Contract.

1.28 UNDERGROUND FACILITIES

A. In accordance with Article 4, Paragraph 4.04.A.1 of the General Conditions, this is to advise that Owner shall be responsible for accuracy and completeness of information for the facilities at the project site which are owned by Owner and which are shown or indicated on the Drawings.

1.29 FINAL INSPECTION

A. Relative to Article 14, Paragraph 14.06.A of the General Conditions, Engineer will make a final inspection within thirty days of receipt of written notice from Contractor.

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1.30 FINAL PAYMENT

A. Relative to Article 14, Paragraph 14.07.C.1 of the General Conditions, the sentence is to be amended by adjusting the time permit at which time final payment becomes due from thirty days to forty-five days following presentation by Engineer to Owner.

B. Final Payment will not be made until Contractor provides CD/DVD copy of preconstruction documentation and all Punchlist items are completed and verified.

1.31 DISPUTE RESOLUTION

A. Relative to Article 16 of the General Conditions, delete Paragraph 16.01.C in its entirety and insert the following:

1. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraph 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor:

a. elects in writing to demand arbitration of the claim pursuant to the following paragraph B – Arbitration; or

b. agrees with the other party to submit the claim to another dispute resolution process.

B. Arbitration

1. All Claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 14.09 of the General Conditions) including but not limited to those not resolved under the provisions of Paragraphs 16.01.A and 16.01.B of the General Conditions will be decided by arbitration in accordance with the rules of the American Arbitration Association, subject to the conditions and limitations of this Paragraph B. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction.

2. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information.

The demand for arbitration will be made within the 30 day period specified in Paragraph 1.29.A.1, and in all other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim or other dispute or matter in question would be barred by the applicable statue of limitations.

3. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer's Consultants and the officer, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless:

a. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and

b. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and

4. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties, in writing, and include:

a. a concise breakdown of the award;

b. a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award.

5. The award will be final. Judgment may be entered upon it in any court having…