8-8. Supplementary Conditions.pdf

Mount Wolf Borough 2026 Street Project 00815-1 Supplementary Conditions

DOCUMENT 00815

SUPPLEMENTARY CONDITIONS

1. SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the Standard General

Conditions of the Construction Contract (EJCDC No. 1910-8, 1990 Edition) 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.

SC-1 Definitions

Except as provided below, the terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (EJCDC No. 1910-8, 1990 Edition) have the meanings assigned to them in the General Conditions.

“AUTHORITY” is the same as for “OWNER”.

Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work, but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse.

Furnish or Supply: To supply and deliver, unload, inspect for damage.

Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, and ready for use.

Provide: To furnish or supply, plus install.

Project Manual: The Project Manual is the volume usually assembled for the

Work which includes the Bid Documents, Contract Documents, and Specifications.

SC-2.1 Delivery of Bonds

Delete paragraph 2.1 of the General Conditions in its entirety and insert the following in its place:

Within five days after date of Notice of Award, the CONTRACTOR shall deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1.

SC-2.2 Copies of Documents

Mount Wolf Borough 2026 Street Project 00815-2 Supplementary Conditions

Delete the first sentence of paragraph 2.2 of the General Conditions and insert the following in its place:

The Contractor will be furnished up to 5 free copies of the Contract Documents, and as so amended, paragraph 2.2 remains in effect.

SC-2.7 Deliver of Insurance

In the first sentence of paragraph 2.7 of the General Conditions replace “Before any Work at the site is started,” with “When the CONTRACTOR delivers the executed Agreement to OWNER,” and as so amended, paragraph 2.7 remains in effect.

SC-5.4 Contractor’s Liability Insurance

The limits of liability for the insurance required by paragraph 5.4 of the General

Conditions shall provide coverage for not less than the following amounts or greater where required by law:

5.4.1 and 5.4.2 Workers’ Compensation, etc. under paragraphs 5.4.1 and 5.4.2 of the

General Conditions:

(1) State: Pennsylvania Statutory

(2) Employer’s Liability: Statutory

5.4.3, 5.4.4, 5.4.5 Comprehensive General Liability (under paragraphs 5.4.2 through

5.4.5 of the General Conditions):

(1) Bodily Injury:

$ 1,000,000 Each Occurrence $ 2,000,000 Annual Aggregate, Products and Completed Operations

(2) Property Damage:

$ 1,000,000 Each Occurrence $ 2,000,000 Annual Aggregate

(3) Property Damage liability insurance will provide

Explosion, Collapse and Underground coverages where applicable.

(4) Personal Injury, with employment exclusion deleted.

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$ 2,000,000 Annual Aggregate

5.4.6 Comprehensive Automobile Liability:

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

(2) Property Damage:

5.4.10 Contractual Liability Insurance

$ 2,000,000 Each Occurrence

(2) Property Damage:

$ 2,000,000 Each Occurrence $ 2,000,000 Annual Aggregate

SC-6.8 Subcontractors, etc.

Delete paragraphs 6.8.1, and 6.8.2 of the General Conditions in its entirety and insert the following in its place:

6.8.1 Listings of subcontractors and other persons and organizations are to be submitted with the Bid on the forms in Documents 00401. The apparent successful Bidder, and any other Bidder so requested, will within seven days after the day of the Bid opening submit to OWNER an experience statement with pertinent information as to similar projects and other evidence of qualifications for each such Subcontractor, person and organization if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid Price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom OWNER or

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ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER.

6.8.2 In contracts where the Contract Price is on the basis of Cost-of-the- Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER’s written consent.

6.8.3 No CONTRACTOR shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection.

SC-6.14 Laws and Regulations

Add the following language at the end of paragraph 6.14 of the General Conditions.

6.14.3. Workmen’s Compensation Act. The CONTRACTOR shall accept, insofar as the work covered by the Agreement is concerned, the provisions of the Pennsylvania Workmen’s Compensation Act of 1915, and any supplements or amendments thereof, including any which may hereafter be passed, and shall insure his liability thereunder, or file with the OWNER a certificate of exemption from insurance from the Bureau of Workmen’s Compensation for the Department of Labor and Industry.

The CONTRACTOR shall at all times indemnify and save harmless the

OWNER of and from all claims for Workmen’s Compensation which may be made by any of the employees of the CONTRACTOR or of any subcontractor to whom the CONTRACTOR may have let the performance of any part of the work embraced in the Agreement and the CONTRACTOR will appear for and defend the OWNER against any and all such claims.

6.14.4. Pennsylvania Prevailing Wage Act. This project is subject to the Pennsylvania

Prevailing Wage Act approved August 15, 1961, P.L. 987, as amended, and reference is made to the prevailing minimum wage rates applicable to this project which have been promulgated by the Secretary of Labor and Industry.

The specified wage rates are minimum rates only, and the OWNER will not consider any claim for additional compensation made by the CONTRACTOR because of payment by the CONTRACTOR of any wage rate in excess of the applicable rate contained in the Contract. All disputes in regard to the payment of wages in excess of those specified in the contract shall be adjusted by the

CONTRACTOR.

Every CONTRACTOR and subcontractor shall keep an accurate record showing the name crafts and the actual hourly rate of wage paid to each

Mount Wolf Borough 2026 Street Project 00815-5 Supplementary Conditions workman employed by him in connection with this Contract and such record shall be preserved for two years from days of payment. The record shall be open, at all reasonable hours, to the inspection of the OWNER and to the Secretary of Labor and Industry or his duly authorized representative.

The CONTRACTOR shall post, protected from the elements and at an appropriate and conspicuous point at the site of the project, the general prevailing minimum wage rates for each craft and classification as listed, including the effective date of any changes thereof.

Before final payment is made on any or all prime contracts connected with this project, the CONTRACTORS and/or subcontractors shall file statements (to accompany the final requisition), in writing in a for satisfactory to the OWNER, stating:

A. The names of the persons whose wages are unpaid and the amount due to each respectively.

B. Statements shall be accompanied by the oath of the CONTRACTOR and/or subcontractor as the case may be that he has read such statement subscribed by him, knows the contents thereof, and that the same is true of his own knowledge. Nothing herein shall impair the right of a CONTRACTOR to receive final payment because of the failure of a subcontractor to comply with provisions of said Prevailing Wage Act.

Any CONTRACTOR or subcontractor who shall, under oath, verify the statement to be filed under this Section, which is known to him to be false, shall be guilty of a misdemeanor and shall upon conviction be sentenced to pay a fine of not exceeding two thousand five hundred dollars ($2,500.00) or to undergo imprisonment not exceeding five years, or both.

All CONTRACTORS and subcontractors must file weekly wage certificates, a copy of the approved form of which is attached hereto.

6.14.5. Pennsylvania Human Relations Act. This project is subject to the Pennsylvania Human Relations Act No. 222 October 27, 1995 as amended and supplemented, and in accordance with the provisions of the Regulations of the Pennsylvania Human Relations Commission, as adopted March *, 1974, 4 Pa. B. 409, amended March 7, 1975, 5 Pa. B. 434, 16 Pa. Code Chapter 49. The CONTRACTOR shall comply with the following provisions:

A. Non-Discrimination Clause. During the term of this contract, CONTRACTOR agrees as follows:

(1)(a) CONTRACTOR shall not discriminate against any employee, applicant for employment, independent contractor or any other

Mount Wolf Borough 2026 Street Project 00815-6 Supplementary Conditions person because of race, color, religious creed, ancestry, national origin, age or sex.

(b) 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, religious creed, ancestry, national origin, age or sex. Such affirmative action shall include but is no 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.

(c) CONTRACTOR shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this non-discrimination clause.

(2) CONTRACTOR shall in advertisements or requests for employment placed by it or on its behalf state all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age or sex.

(3) CONTRACTOR shall send each labor union or workers’ representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers’ representative of its commitment to this non-discrimination clause. Similar notice shall be sent to every other source of recruitment utilized by CONTRACTOR.

(4) It shall be no defense to a finding of noncompliance with the Contract

Compliance Regulations issued by the Pennsylvania Human Relations Commission or this non-discrimination clause that CONTRACTOR had delegated some of its employment practices to any union, training program or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the CONTRACTOR was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

(5) Where the practices of a union or of any training program or other source of recruitment will result in the exclusion of minority group persons, so that CONTRACTOR will be unable to meets its obligations under the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, or this non-discrimination clause, CONTRACTOR shall then employ and fill vacancies through other non-discriminatory employment procedures.

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(6) CONTRACTOR shall comply with the Contract Compliance

Regulations of the Pennsylvania Human Relations Commission, 16 Pa.

Code Chapter 49, and with all laws prohibiting discrimination in hiring or employment opportunities. In the event of CONTRACTOR’S noncompliance with the non-discrimination clause of this contract or with any such laws, this contract may, after hearing and adjudication, be terminated or suspended, in whole or in part, and CONTRACTOR may be declared temporarily ineligible for further Commonwealth contract, and such other sanctions may be imposed and remedies invoked as provide by the Contract Compliance Regulations.

(7) CONTRACTOR shall furnish all necessary employment documents and records to, and permit access to its books, records and accounts by, the contracting agency and the Human Relations Commission, for purposes of investigation to ascertain compliance with the provisions of the Contract Compliance Regulations, pursuant to Section 49.35 of these Regulations. If CONTRACTOR does not possess document or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency or the Commission.

(8) CONTRACTOR shall actively recruit minority subcontractors or subcontractors with substantial minority representation among their employees.

(9) CONTRACTOR shall include the provisions of this non-discrimination clause in every subcontract or purchase order, so that such provisions will be binding upon each subcontractor.

(10) The terms used in this non-discrimination clause shall have the same meaning as in the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, 16 Pa. Code Ch. 49.

(11) Contractor obligations under this clause are limited to the

CONTRACTOR’S facilities within Pennsylvania, or where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced.

6.14.6. Contracts to Require Competent Workmen. No person shall be employed by the CONTRACTOR or any subcontractor, to do work under this Contract except competent and first-class workmen and mechanics. No workmen shall be regarded as competent and first-class, except those who are duly skilled in their respective branches of labor, and who shall be paid not less than such rates of wages and for such hours’ work as shall be the established and current rates

Mount Wolf Borough 2026 Street Project 00815-8 Supplementary Conditions of wages paid for such hours by employers of organized labor in doing of similar work in the district where this work is being done.

6.14.7. Contracts to Provide Resident Workmen Penalty. All laborers and mechanics employed in the construction, alteration or repair of building or work under this Contract shall have been residents of the commonwealth for at least 90 days prior to their employment. Failure to keep and comply with such provision shall be sufficient legal reason to refuse payment of the contract price to the

CONTRACTOR.

6.14.8. Contracts to Prohibit Discrimination Against Race, Creed or color: Penalty.

All CONTRACTORS and subcontractors employed in the construction, alteration, or repair of any public building or public work under this contract agree:

(1) That in the hiring of employees for the performance of work under this contract, or any subcontract hereunder, no CONTRACTOR, subcontractor, nor any person acting on behalf of such CONTRACTOR or subcontractor, shall, by reason of race, creed, color or sex, discriminate against any citizen of the commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates;

(2) That no CONTRACTOR, subcontractor, nor any person on his behalf, shall in any manner discriminate against or intimidate any employee hired for the performance of work under his contract on account of race, creed, color or sex;

(3) That there may be deducted from the amount payable to the

CONTRACTOR under this contract, a penalty of five dollars ($5.00) for each person for each calendar day during which person was discriminated against or intimidated, in violation of the provisions of the contract; and,

(4) That this contract may be canceled or terminated by the OWNER, and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this portion of the contract.

6.14.9. Exclusion of Certain Aluminum and Steel Products. In accordance with Act No.

226 of the 1968 General Assembly of the Commonwealth of Pennsylvania, approved July 23, 1968, no aluminum or steel products made in a foreign country which has been determined as discriminating by the Commonwealth Court shall be furnished or used in the completion of any contract covered by these contract documents.

Pursuant to the provisions of Act No. 3 of the Pennsylvania General Assembly approved March 3, 1978, only steel products as such term is defined in the Act

Mount Wolf Borough 2026 Street Project 00815-9 Supplementary Conditions shall be used or supplied in the performance of the Contract or subcontracts thereunder. “Steel products” as defined in the Act means “products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed or processed by a combination of two or more of such operations, from steel made in the United States of America including all territory, continental or insular, subject to the jurisdiction of the United States, by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process.”

6.14.10. Environmental Resources - Pollution Control Statutes. The OWNER hereby gives notice, pursuant to Act No. 247 of the 1972 Pennsylvania General Assembly, that this project will subject to all the provision of the Federal and State.

Act No. 247 provides that if the successful bidder must undertake additional work due to enactment of new or the amendment of existing statutes, rules or regulations occurring after the submission of the successful proposal, the OWNER shall issue a change order setting forth the additional work that must be undertaken, which shall not invalidate the contract. The cost of such a change order to the OWNER shall be determined in accordance with the provisions of the contract for change orders or force accounts or, if no such provision is set forth in the contract, then the cost to the OWNER shall be the CONTRACTOR’S costs for wages, labor costs other than wages, wage taxes, materials, equipment rentals insurance and subcontracts attributable to the additional activity plus a reasonable sum for overhead and profit; provided, however, that such additional costs to undertake work not specified in the invitation for proposal shall not be approved unless written authorization is given the successful bidder prior to his undertaking such additional activity. In the event of a dispute between the OWNER and the successful bidder, arbitration procedures may be commenced under Article 16 of the General Conditions.

6.14.11. Occupation Safety and Health Act (OSHA). The CONTRACTOR shall comply with the federal Occupational Safety and Health Act of 1970, including all amendments in effect at the time of performance of the work.

SC-6.15. Add the following language at the end of paragraph 6.15 of the General

Conditions:

The OWNER will furnish a Pennsylvania Sales and Use Tax Certification to the CONTRACTOR covering those items of property which are exempt under the law.

SC-9.3 Project Representative

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9.3.1 General - OWNER’S Agent’s dealings in matters pertaining to the on-site Work shall in general be only with Engineer and CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with Owner will be only through or directed by Engineer.

9.3.2 Duties and Responsibilities - Owner’s Agent will:

1. Conferences: Attend preconstruction conferences. Attend progress meetings and other job conferences.

2. Liaison:

a. As requested by Engineer, assist in obtaining from Owner additional details or information, when required at the job site for proper execution of the Work.

3. Review of Work, Rejection of Defective Work, Inspections and Tests:

a. Conduct on-site observations of the Work in progress to assist Engineer in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents.

b. Report to Engineer whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and been damaged prior to final payment; and advise Engineer when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

c. Be present during tests, equipment and systems startups and operating and maintenance instructions as required by the Contract Documents; observe, record and report to Engineer appropriate details relative to the test procedures and startups.

d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project and report to Engineer.

4. Modifications: consider CONTRACTOR’S suggestions for modifications in Drawings or Specifications.

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5. Payment Requisitions: Review applications for payment with CONTRACTOR and forward them with recommendations to Engineer, noting particularly their relation to the schedule of values, Work completed and material and equipment delivered at the site but not incorporated in the Work.

9.3.3 Limitations of Authority - Owner’s agent:

1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment.

2. Shall not undertake any of the responsibilities of

CONTRACTOR, subcontractors or CONTRACTOR’S Superintendent, or expedite the Work.

3. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction.

4. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work.

5. Shall not authorize Owner to occupy the Project in whole or in part.

6. Shall not participate in specialized field or laboratory tests.

SC-14.2 Application for Progress Payment

Amend the first sentence of paragraph 14.2 of the General Conditions to read as follows:

At least thirty-five days before each progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to Engineer for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents and also as Engineer may reasonably require, and as so amended, paragraph 14.2 remains in effect.

END OF SUPPLEMENTARY CONDITIONS