5-C2 - Supplemental Conditions.pdf

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AWWTP South Train Screenings Improvements Supplementary Conditions Lancaster, Pennsylvania 00800 - 1 Bid Submittal

SECTION 00800

SUPPLEMENTARY CONDITIONS

TABLE OF CONTENTS

PART I - AMENDMENTS TO GENERAL CONDITIONS

Article Number Title

1 DEFINITIONS AND TERMINOLOGY

2 PRELIMINARY MATTERS

3 DOCUMENTS; INTENT, REQUIREMENTS, REUSE

4 COMMENCEMENT AND PROGRESS OF THE WORK

5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

HAZARDOUS ENVIRONMENTAL CONDITIONS

6 BONDS AND INSURANCE

7 CONTRACTOR'S RESPONSIBILITIES

8 OTHER WORK AT THE SITE

9 CITY'S RESPONSIBILITIES

10 ENGINEER'S/ARCHITECTS STATUS DURING CONSTRUCTION

11 AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

12 CLAIMS

13 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

14 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF

DEFECTIVE WORK

15 PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

16 SUSPENSION OF WORK AND TERMINATION

17 FINAL RESOLUTION OF DISPUTES

18 MISCELLANEOUS

PART II - STATE GOVERNMENT PROVISIONS

1.0. COMMONWEALTH OF PENNSYLVANIA PROVISIONS

Lancaster, Pennsylvania 00800 - 2 Bid Submittal

SUPPLEMENTARY CONDITIONS

PART I - AMENDMENTS TO GENERAL CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

SC-1.01A.41.

Delete paragraph 1.01A.41. in its entirety and replace with the following:

42. Specifications - Sections included under Division 1 through Division 16 of the Project Manual.

ARTICLE 2 - PRELIMINARY MATTERS

SC-2.01B.

Replace the word “When” at the beginning of paragraph 2.01B. of the General Conditions with the following:

B. Before any Work at the Site is started and when

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

SC-3.01E.

Add a new paragraph immediately after Paragraph 3.01E. of the General Conditions which is to read as follows:

F. Each and every provision of law and clause required by law to be inserted in these Contract Documents shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

SC-4.03A.

Add the following new paragraph immediately after paragraph 4.03A. of the General Conditions which is to read as follows:

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

Lancaster, Pennsylvania 00800 - 3 Bid Submittal

ARTICLE 6 - BONDS AND INSURANCE

SC-6.02F

Add 2 new paragraphs immediately after paragraph 6.02K of the General Conditions which are to read as follows:

L. Contractor shall provide evidence of its insurance coverage on the ACORD certificate of insurance form and shall include the following statement in its entirety in the section of the form entitled “Description of Operations/Locations/Vehicles/Special Items”.

The City of Lancaster and CDM Smith Inc., and their officers, directors, partners, employees and other consultants and subcontractors are named as additional insureds with respect to the insured’s Commercial General Liability and Automobile Liability Insurance Policies. All insurers waive all rights of subrogation against the City of Lancaster and CDM Smith Inc., their officers, directors, partners, employees and other consultants and subcontractors. All insurance is primary for all claims covered thereby. Commercial General Liability Insurance includes contractual liability coverage.

SC-6.06A.

Delete paragraph 6.06A. of the General Conditions in its entirety and replace with the following.

A. All insurance policies provided by the Contractor shall contain provisions to the effect that the insurer waives all rights of subrogation against any of the insured, additional insureds, (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) City and the Engineer.

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ARTICLE 7 - CONTRACTOR'S RESPONSIBILITIES

SC-7.08.

Add the following new paragraph immediately after paragraph 7.08.A of the General Conditions to read as follows:

B. The City shall obtain and pay for the following permits:

(1) PADEP Water Quality Management Permit

(2) Lancaster Township Building and/or Zoning Permits

SC-7.09A

Add the following new sentence at the end of paragraph 7.09A of the General Conditions to read as follows:

It shall be the responsibility of the Contractor to determine the applicability of Pennsylvania State Sales and Use Taxes on materials and supplies to be used in all aspects of the Work of this Contract. Only said taxes determined by the Contractor to be specifically applicable to the project shall be included in the contract price. The Contractor shall obtain the proper certificates, maintain the necessary records, and otherwise comply with the requirements of Chapter 14 of the Acts of 1966 and any other amendments thereto for all exempt materials and supplies.

SC-7.15A.

Delete the last sentence in paragraph 7.15A. of the General Conditions in its entirety and replace with the following:

If Engineer determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Document is required because of the action taken by the Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

SC-7.17D.

Add the following new paragraph immediately after paragraph 7.17D. which is to read as follows:

E. Manufacturer’s Guaranty/Warranty

1. The Contractor shall obtain the following guaranty/warranty from the manufacturer of all major pieces of equipment furnished and installed on this Project. Such guaranty/warranty shall be for the benefit of City and be furnished in writing by the manufacturer. The Contractor’s and manufacturer’s obligations under this provision are in addition to other express or implied warranties under the Contract Documents and under the law and in no way diminish any other right that the City may have against the Contractor or manufacturer for faulty material, equipment or work. The warranty period shall not be interpreted as a limitation on the time in which the City can enforce such other duties, obligations, rights, or remedies.

2. The manufacturer warrants and guarantees for a period of one year from the date of Substantial Completion, or such longer period that may be specified in the Contract Documents, that all materials

Lancaster, Pennsylvania 00800 - 5 Bid Submittal and equipment furnished and installed shall be free from flaws, defects in material and workmanship and shall be in conformance with the Contract Documents.

SC-7.19E

Delete paragraph 7.19E of the General Conditions in its entirety and replace with the following:

E. Contractor shall not be responsible for the adequacy of the performance criteria or design criteria contained in the Contract Documents.

ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION

SC-10.03A.

Add the following new paragraph immediately after paragraph 10.03A. of the General Conditions which is to read as follows:

B. Engineer will conduct periodic visits to observe the performance of Work. Engineer/City will furnish a Resident Project Representative. Each Prime Contractor is responsible for completing daily project reports and furnishing to the City. A draft Daily Project Report shall be submitted to the City for review and approval prior to the start of Work.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

SC-11.04C.2.b.

In the second line of paragraph 11.04C.2.b., before the semicolon add the following words "based on subcontractor's Cost of the Work";

ARTICLE 13 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

SC-13.01B.1.

Delete the second sentence in paragraph 13.01B.1. of the General Conditions in its entirety and replace with the following:

Such employees shall include one foremen (unless agreed upon prior to beginning Work).

ARTICLE 14 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF

DEFECTIVE WORK

SC-14.06A.

Add the following new paragraph immediately after paragraph 14.06A. of the General Conditions to read as follows:

B. If City stops Work under Paragraph 14.06A., Contractor shall be entitled to no extension of Contract Time or increase in Contract Price.

ARTICLE 15 - PAYMENTS TO CONTRACTOR AND COMPLETION

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SC-15.01B.3.

Delete paragraph 15.01B.3. of the General Conditions in its entirety and replace with the following:

The amount of retainage with respect to progress payments will be as stipulated in the Agreement. When not specifically stipulated, the default retainage shall be 10% of the value of the Work completed and 20% of the value of materials and equipment not incorporated in the Work but delivered and suitably stored, less, in each case, the aggregate of payments previously made, until the work is 50% completed as evidence by progress billings. Upon reaching 50% completion, one-half of the amount retained by the Owner for completed Work shall be returned to the Contractor and must be accompanied by a Surety’s Consent to Retainage Reduction, provided the Engineer approves the application for payment and the Contractor is making satisfactory progress and there is no specific cause for withholding. Upon Substantial Completion, Retainage may be further dropped to cover 150% of the Punchlist value as agreed upon by the Contractor, Owner, and Engineer/Architect, provided a Surety’s Consent to Retainage Reduction is provided. Final Retainage will be released on the Final Payment Application and must accompany a Surety’s Consent to Release Retainage.

SC-15.01B.3

Add a new paragraph immediately after paragraph 15.01B.3 of the General Conditions which is to read as follows:

4. Contractor shall furnish evidence that payment received on the basis of materials and equipment not incorporated and suitably stored, has in fact been paid to the respective supplier(s) within sixty days of payment by City. Failure to provide such evidence of payment may result in the withdrawal of previous approval(s) and removal of the cost of related materials and equipment from the next submitted Application for Payment.

SC-15.01D.1.

Amend paragraph 15.01D.1. of the General Conditions by striking out the words “Ten days” and inserting the words “Within the time period outlined in the Agreement,” in its place, and as so amended, paragraph

15.01 remains in effect.

SC-15.01D.1.

Add the following new paragraphs immediately after paragraph 15.01D.1. of the General Conditions which are to read as follows:

2. Should Contractor neglect to pay any undisputed claims, made in writing to City within thirty days after completion of the Work, but continuing unsatisfied for a period of ninety days, City may pay such claim and deduct the amount thereof from the balance due Contractor. City may also, with the written consent of Contractor, use any monies retained, due, or to become due under this Contract for the purpose of paying for both labor and materials for the Work, for which claims have not been filed.

3. Security is provided both by the Payment Bond and the power of City to retain any monies for claims, but payment by one shall in no way impair or discharge the liability of the other.

Lancaster, Pennsylvania 00800 - 7 Bid Submittal

4. Any and all liens for work and materials may be paid off by City within a reasonable time after filing for record in accordance with State and local laws, a notice of such liens except where the claim on which the lien is filed is being litigated by Contractor, and in such case City may pay the amount of any final judgment or decree or any such claim within a reasonable time after such final judgment or decree shall be rendered.

5. All monies paid by City in settlement of liens as aforesaid, with the costs and expenses incurred by City in connection therewith, shall be charged to Contractor, shall bear interest at the rate of three percentage points above the rediscount rate then charged by the Federal Reserve Bank, and shall be deducted from the next payment due Contractor under the terms of this Contract.

SC-15.02A.

Add the following new paragraphs immediately after paragraph 15.02A. of the General Conditions which are to read as follows:

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

C. Contractor shall defend, indemnify and save City and Engineer harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. Contractor shall at City's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived.

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

SC-15.06B.1.

Delete paragraph 15.06B.1. of the General Conditions in its entirety and replace with the following:

1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation - all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will indicate in writing Engineer's recommendation of payment and present the Application to City for payment. Thereupon Engineer will give written notice to City and Contractor that the Work is acceptable subject to the provisions of paragraph 15.07. Otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, City shall in accordance with the applicable State or local General Law, pay Contractor the amount recommended by Engineer.

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ARTICLE 16 - SUSPENSION OF WORK AND TERMINATION

SC-16.02A.4.

Add the following new paragraph immediately after paragraph 16.02A.4. of the General Conditions which is to read as follows:

5. Contractor abandons the Work, or sublets this Contract or any part thereof, without the previous written consent of City, or if the Contract or any claim thereunder shall be assigned by Contractor otherwise than as herein specified;

ARTICLE 18 - MISCELLANEOUS

SC-18.10

Add the following new paragraphs immediately after paragraph 18.10 of the General Conditions:

18.11 Addresses

A. Both the address given in the Bid Form upon which this Agreement is founded, and Contractor's office at or near the site of the Work are hereby designated as places to either of which notices, letters, and other communications to Contractor shall be certified, mailed, or delivered. The delivering at the above named place, or depositing in a postpaid wrapper directed to the first-named place, in any post office box regularly maintained by the post office department, of any notice, letter or other communication to Contractor shall be deemed sufficient service thereof upon Contractor; and the date of said service shall be the date of such delivery or mailing. The first-named address may be changed at any time by an instrument in writing, executed and acknowledged by Contractor, and delivered to City and Engineer. Nothing herein contained shall be deemed to preclude or render inoperative the service of any notice, letter, or other communication upon Contractor personally.

18.12 Wage Rates

A. The requirements and provisions of all applicable laws and any amendments thereof or additions thereto as to the employment of labor, and to the schedule of minimum wage rates established in compliance with laws shall be a part of these Contract Documents. Copies of the wage schedules are included in PART II of these Supplementary Conditions. If, after the Notice of Award, it becomes necessary to employ any person in a trade or occupation not classified in the wage determinations, such person shall be paid at not less than such rates as shall be determined by the officials administrating the laws mentioned above. Such approved minimum rate shall be retroactive to the time of the initial employment of such person in such trade or occupation. Contractor shall notify City of Contractor's intention to employ persons in trades or occupations not classified in sufficient time for City to obtain approved rates for such trades or occupations.

B. The schedules of wages referred to above are minimum rates only, and City will not consider any claims for additional compensation made by Contractor because of payment by Contractor of any wage rate in excess of the applicable rate contained in these Contract Documents. All disputes in regard to the payment of wages in excess of these specified in the schedules shall be resolved by Contractor.

Lancaster, Pennsylvania 00800 - 9 Bid Submittal

C. The said schedules of wages shall continue to be the minimum rates to be paid during the life of this Agreement and a legible copy of said schedules shall be kept posted in a conspicuous place at the site of the Work.

18.13 Document Precedence

A. If the Contractor finds a conflict, error, or discrepancy in the Contract Documents, he will call it to the Engineer’s attention in writing before proceeding with the work affected thereby. In resolving such conflicts, errors, and discrepancies, the Contract Documents shall be given the precedence in the following order: Agreement, Specifications, Drawings. Within the Specifications, the order of precedence shall be as follows: Addenda, Supplementary Conditions, Instructions for Bidders, General Conditions, Technical Provisions. Figure dimension on Drawings shall govern over scale dimension, and detailed Drawing shall govern over General Drawing.

18.14 U. S. Steel Product Procurement

A. Any steel products used or supplied in the performance of this Contract or any subcontracts thereunder shall be from steel produced in the United States. Steel products are defined as products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more of these operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer, or any other steel-producing process including cast iron products, and including machinery and equipment listed in the United States Department of Commerce Standard Industrial Classification 25, 35, and 37 and made of, fabricated from, or containing steel components. If a product contains both foreign and United States steel, such product is considered to be a United States steel product only if at least 75% of the cost of the articles, materials, and supplies have been mined, produced or manufactured, as the case may be, in the United States.

18.15 Disposal of Surplus Material

A. All surplus material shall be disposed of in an environmentally sound manner by the Contractor at a location determined by the Contractor. Access to the site of disposal, permission of the property City(s), all payment for right of use of the property, all permits and approvals, and correction of damages or conditions to the property City’s satisfaction shall be the sole responsibility of the Contractor.

18.16 All referenced Standards and Specifications shall be the most recent update at the time of award of the Contract.

18.17 Contractor shall provide to the City documentation for each individual Complaint Form submitted stating that all complaints identified on the Complaint Form have been addressed to the satisfaction of the complainant. Documentation shall include the signature of the complainant.

PART II - STATE GOVERNMENT PROVISIONS

State Government Provisions included herein, have been selected from those to which specific references have been made elsewhere in the Contract Documents. Each and every other provision of law or clause required by law to be inserted in this Contract shall be deemed to be also inserted herein in accordance with paragraph 3.01E of the Supplementary Conditions.

1.0. COMMONWEALTH OF PENNSYLVANIA PROVISIONS

Lancaster, Pennsylvania 00800 - 10 Bid Submittal

The following Commonwealth of Pennsylvania provision apply to the work to be performed under this contract:

1.1. Prevailing Minimum Wage Rates.

A. Pursuant to the Prevailing Wage Act, Act No. 442, 1961 as amended August 9, 1963, (Act No. 342) minimum wage rates as determined by the Secretary of Labor and Industry shall be paid to the workmen employed in the performance of this contract and this contract shall contain a stipulation that such workmen shall be paid not less than such minimum wage rates. These rates are attached following Part II of the Supplementary Conditions.

1.2. Non-Discrimination.

A. In the employment of persons for the performance of work under this contract, no Contractor or subcontractor shall, by reason of race, color, religious creed, or national origin, discriminate against any individual who is qualified and available to perform the work to which the employment relates. The Contractor shall adhere to the provisions of Act No. 222 of 1955, as amended by Act No. 19, 1961 and the regulation for the Pennsylvania Human Relations Commission of 1965 relating to non-discrimination.

1.3. Prevention of Environmental Pollution and Preservation of Public Natural Resources.

A. The CONTRACTOR shall adhere to the provisions of the Pennsylvania Act No. 247 of 1972 relating to the prevention of environmental pollution and the preservation of public natural resources.

1.4. Erosion and Sediment Control.

A. The CONTRACTOR shall adhere to the regulations relating to the control of erosion and sedimentation by the Pennsylvania Department of Environmental Protection under Chapter 102 of 1937 (P.L. 1987, No. 394), as amended.

1.5. Air Pollution Control Act.

A. The Contractor’s attention is directed to the requirements of the Air Pollution Control Act of January 8, 1960, P.L. No. 2119, No. 787, as amended. In particular, this Act prohibits open burning in the project area without the use of an approved and permitted PA DEP air curtain destructor per Chapter 129.14.

1.6 Right-To-Know Law

A. The Contractor shall, within two business days of a request from the City of Lancaster, provide to the City any and all documents or records relating to the Contractor and/or the Contractor’s contract with the City which the City deems to be public records under the Pennsylvania’s Right-To-Know Law, Act 3 of 2008. Failure to provide any and all such records shall be deemed a material breach and event of default under this contract. Moreover, in the instance of a breach of this provision of the contract, the City of Lancaster shall be entitled to injunctive relief from a court of competent jurisdiction compelling the production of such records and/or documents and should the City be required to pursue that remedy, Contractor shall be responsible for any and all costs, including attorney’s fees, incurred by the City in pursuing the same. This remedy shall be in addition to any and all other remedies available at law or in equity. Contractor further agrees to indemnify and hold the City of Lancaster harmless from any and all claims, damages, losses, penalties, fines or other assessments issued to or incurred by the City as a result of Contractor’s failure to comply with this provision.

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END OF SECTION

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Lancaster, Pennsylvania 00800 - 13 Bid Submittal

Pennsylvania Prevailing Minimum Wage Rates (To be issued by Addendum if not included here)

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