Stratton Brook A S S O C I A T E S Planning, Design and Construction Solutions for Healthcare Facilities Project Manual For Endless Mountains Health Systems Replacement Facility for MONTROSE GENERAL HOSPITAL Bridgewater Township, Pennsylvania A USDA Rural Development Project VOLUME 1 of 2 Project No. SB08A Issue Date: June 17, 2011 Updated: Principals W. Randolph Cole David A. Desilets P.O. Box 576 244 Farms Village Road W. Simsbury, CT 06092 Tel: 860 651 6751 Fax: 860 651 6572 This project has been designed by me, or under my supervision, in accordance with the 2009 International Building, Plumbing, and Mechanical Codes, the 2008 National Electrical Code, and applicable Federal, State and local laws, codes and regulations; and to the best of my knowledge and belief, these construction documents are in conformance therewith. RA404343 Registered Architect PA Reg. No. Date Stratton Brook A S S O C I A T E S Planning, Design and Construction Solutions for Healthcare Facilities Project Manual For Endless Mountains Health Systems Replacement Facility for MONTROSE GENERAL HOSPITAL Bridgewater Township, Pennsylvania A USDA Rural Development Project VOLUME 2 of 2 Project No. SB08A Issue Date: June 17, 2011 Updated: Principals W. Randolph Cole David A. Desilets P.O. Box 576 244 Farms Village Road W. Simsbury, CT 06092 Tel: 860 651 6751 Fax: 860 651 6572 This project has been designed by me, or under my supervision, in accordance with the 2009 International Building, Plumbing, and Mechanical Codes, the 2008 National Electrical Code, and applicable Federal, State and local laws, codes and regulations; and to the best of my knowledge and belief, these construction documents are in conformance therewith. RA404343 Registered Architect PA Reg. No. Date Document 00 00 05 - PROJECT DIRECTORY Project Site Endless Mountains Health Systems 100 Hospital Drive Montrose, PA 18801 Bridgewater Township Project Owner Endless Mountains Health Systems Rex Catlin, President & CEO 25 Grow Avenue Montrose, PA 18801 Tel: (570) 278-3801 Fax: (570) 278-3648 Program Manager and Architect of Record Stratton Brook Associates, LLC W. Randolph Cole, AIA, ACHA, LEED AP Principal in Charge PO Box 576, 244 Farms Village Road West Simsbury, CT 06092 Tel: (860) 651-6751 Fax: (860) 651-6572 Construction Manager Sordoni Construction Services, Inc. Jonathan S. Reif, VP and COO 45 Owen Street Forty Fort, PA 18704 Tel: (607) 584-0140 Fax: (607) 584-0139 Civil Engineering Structural Engineering Mechanical, Electrical and Plumbing Engineers Endless Mountains Health Systems Stratton Brook Associates, LLC Hawk Engineering, PC Charles T. Gaynor II, P.E., President PO Box 427, 222 Water Street Binghamton, NY 13902 Tel: (607) 584-0140 Fax: (607) 584-0139 TEC Engineering, LLC Anthony J. Papa, PE, Principal, LEED AP Hartford Square West 146 Wyllys Street, Suite 1-117 Hartford, CT 06106 p Tel (860) 522-3970 Fax: (860) Acorn Consulting Engineers, Inc. W. Mark Gendron, PE, Principal, LEED AP PO Box 311, 244 Farms Village Road West Simsbury, CT 06092 Tel: (860) 651-1949 Fax: (860) 651-1957 06/17/11 PROJECT DIRECTORY 00 00 05-1 Telecom & Data Consulting DimensionTel, LLC Rick Ostroski, President and Senior Consultant 26 Alfred Road Wyoming, PA 18644 Tel: (570) 606-5834 Fax: (570) END OF SECTION 00 00 05 Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/11 PROJECT DIRECTORY 00 00 05-2 ENDLESS MOUNTAINS HEALTH SYSTEMS Montrose, Pennsylvania TABLE OF CONTENTS – Volume #1 of 2 DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS 00 00 01 00 00 05 00 00 10 Cover Project Directory Table of Contents 00 01 00 00 02 00 00 03 00 00 04 00 00 05 00 Owner/Construction Manager Agreement (AIA Doc. A121/CMc-2003) Attachment to Owner/CMc Agreement (RD Guide 27, Attachment 6) (2007) Compliance Statement (Form RD 400-6) (4/2000) Certificate of Owner’s Attorney (RD Instr.1924-A, Guide 1, Attachment 7) Payment Bond (RD Instr. 1924-A, Exhibit F) 00 06 00 00 07 00 00 08 00 00 09 00 00 10 00 Performance Bond (RD Instr. 1924-A, Exhibit G) Notice to Proceed (RD Instr. 1924-A, Guide 1, Attachment 9) General Conditions of the Contract (AIA Document A201-2007) Attachment to General Conditions (RD Guide 27, Attachment 4) (2007) Certificate regarding Debarment/Suspension (Form AD-1048) (1/1992) 00 11 00 00 12 00 00 13 00 00 14 00 Lobbying Certification (RD Instr. 1940-Q, Exhibit A-1) Disclosure of Lobbying Activities (SF-LLL) Application & Certificate for Payment (AIA Document G702/G703-1992) Status of Funds Report (Exhibit 7) 00 15 00 00 16 00 00 17 00 00 18 00 Contract Change Order (Form RD 1924-7) (2/1997) Labor Standards Provisions (RD Instr. 1940-C, Exhibit A) Intentionally omitted. Construction Sign Detail (USDA/RD Template) 00 19 00 Compliance Requirements of the Commonwealth of Pennsylvania – Redevelopment Assistance Capital Program (RACP - TAB 17) Geotechnical Engineering Evaluation (Hawk Engineering) Special Conditions 00 31 32 00 80 10 06/17/2011 06/17/2011 06/17/2011 09/11/2008 06/17/2011 DIVISION 01 - GENERAL REQUIREMENTS 01 10 00 01 21 00 01 23 00 01 25 00 Summary Allowances Alternates Substitution Procedures 04/15/2011 06/18/2010 06/18/2010 06/18/2010 01 26 00 01 29 00 01 31 00 Contract Modification Procedures Payment Procedures Project Management and Coordination 06/18/2010 06/18/2010 06/18/2010 Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/2011 TABLE OF CONTENTS 00 00 10 - 1 01 32 00 01 32 33 Construction Progress Documentation Photographic Documentation 06/18/2010 06/18/2010 01 33 00 01 40 00 01 42 00 01 50 00 01 60 00 Submittal Procedures Quality Requirements References Temporary Facilities and Controls Product Requirements 04/15/2011 06/18/2010 06/18/2010 06/18/2010 06/18/2010 01 73 00 01 74 19 01 77 00 01 78 23 01 78 39 Execution Construction Waste Management & Disposal Closeout Procedures Operation and Maintenance Data Project Record Documents 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 01 79 00 Demonstration and Training 06/18/2010 DIVISION 03 - CONCRETE 03 30 00 03 30 53 03 45 00 Cast-In-Place Concrete Site Concrete Precast Architectural Concrete 06/18/2010 05/07/2010 06/18/2010 DIVISION 04 - MASONRY 04 20 00 04 21 13 Unit Masonry Brick Masonry 06/18/2010 06/18/2010 DIVISION 05 - METALS 05 12 00 05 31 00 05 40 00 05 50 00 05 51 00 Structural Steel Framing Steel Decking Cold-Formed Metal Framing Metal Fabrications Metal Stairs 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 05 52 13 05 53 00 Pipe and Tube Railings Metal Gratings 06/18/2010 06/18/2010 DIVISION 06 - WOOD AND PLASTICS 06 10 00 06 10 53 06 40 23 Rough Carpentry Miscellaneous Rough Carpentry Interior Architectural Woodwork 06/18/2010 06/18/2010 06/18/2010 DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07 11 13 07 14 16 07 19 00 07 21 00 07 24 19 Bituminous Dampproofing Cold Fluid-Applied Waterproofing Water Repellents Thermal Insulation Water Drainage Exterior Insulation and Finish System (EIFS) Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/2011 06/18/2010 06/18/2010 06/18/2010 04/15/2011 06/18/2010 TABLE OF CONTENTS 00 00 10 - 2 07 27 26 07 53 23 07 71 00 07 72 00 Fluid Applied Membrane Air Barriers Ethylene Propylene Diene Monomer (EPDM) Roofing Roof Specialties Roof Accessories 06/18/2010 04/15/2011 06/18/2010 06/18/2010 07 81 00 07 84 13 07 84 46 07 92 00 07 95 00 Applied Fireproofing Penetration Firestopping Fire-Resistive Joint Systems Joint Sealants Expansion Control 06/18/2010 04/15/2011 06/18/2010 05/07/2010 06/18/2010 DIVISION 08 - OPENINGS 08 11 13 08 14 16 08 31 13 08 33 23 08 33 26 Hollow Metal Doors and Frames Flush Wood Doors Access Doors and Frames Overhead Coiling Doors Overhead Coiling Grilles 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 08 35 13 08 41 13 08 42 29 08 42 43 08 44 13 Folding Doors Aluminum Framed Entrances and Storefronts Automatic Entrances Intensive Care / Critical Care Unit Entrances Glazed Aluminum Curtain Walls 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 08 51 13 08 62 00 08 71 00 08 80 00 08 83 00 Aluminum Windows Unit Skylights Door Hardware Glazing Mirrors 06/18/2010 06/18/2010 10/20/2010 06/18/2010 06/18/2010 08 90 00 Louvers and Vents 06/18/2010 DIVISION 09 - FINISHES 09 21 16.23 09 22 16 09 29 00 09 30 00 09 51 13 Gypsum Board Shaft Wall Assemblies Non-Structural Metal Framing Gypsum Board Tiling Acoustical Panel Ceilings 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 09 51 33 09 65 13 09 65 16 Acoustical Metal Pan Ceilings Resilient Base and Accessories Resilient Sheet Flooring 06/18/2010 06/18/2010 06/18/2010 09 65 19 09 68 13 09 68 16 09 72 00 Resilient Tile Flooring Tile Carpeting Sheet Carpeting Wall Coverings 06/18/2010 06/18/2010 06/18/2010 04/15/2011 Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/2011 TABLE OF CONTENTS 00 00 10 - 3 09 91 13 09 91 23 09 93 00 09 96 00 Exterior Painting Interior Painting Staining and Transparent Finishing High Performance Coatings 06/18/2010 06/18/2010 04/15/2011 06/18/2010 TABLE OF CONTENTS – Volume #2 of 2 DIVISION 10 - SPECIALTIES 10 21 13 10 21 16 10 22 26 10 26 00 10 28 00 Toilet Compartments Shower and Dressing Compartments Operable Partitions Wall and Door Protection Toilet, Bath and Laundry Accessories 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 10 44 13 10 44 16 10 51 13 Fire Extinguisher Cabinets Fire Extinguishers Metal Lockers 06/18/2010 06/18/2010 06/18/2010 DIVISION 11 - EQUIPMENT 11 13 00 Dock Equipment 06/18/2010 DIVISION 12 - FURNISHINGS 12 21 13 12 21 16 12 22 00 12 36 40 12 48 13 12 48 16 Horizontal Louver Blinds Vertical Louver Blinds Curtains and Drapes Stone Countertops Entrance Floor Mat and Frames Entrance Floor Grilles 04/15/2011 04/15/2011 04/15/2011 04/15/2011 04/15/2011 04/15/2011 DIVISION 13 - SPECIAL CONSTRUCTION 13 49 00 Radiation Protection 06/18/2010 DIVISION 14 - CONVEYING SYSTEMS 14 10 00 14 24 00 14 91 00 Dumbwaiters Hydraulic Elevators Facility Chutes 06/18/2010 06/18/2010 06/18/2010 DIVISION 21 – FIRE SUPPRESSION 21 05 00 Common Work Results for Fire Suppression 06/18/2010 DIVISION 22 – PLUMBING 22 05 00 22 07 00 22 10 00 22 11 00 Common Work Results for Plumbing Plumbing Insulation Plumbing Piping and Pumps Facility Fuel Piping Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/2011 06/18/2010 06/18/2010 06/18/2010 06/18/2010 TABLE OF CONTENTS 00 00 10 - 4 22 30 00 22 40 00 22 60 13 Plumbing Equipment Plumbing Fixtures Medical Gas and Vacuum Systems 06/18/2010 06/18/2010 06/18/2010 DIVISION 23 – HEATING, VENTILATING and AIR CONDITIONING (HVAC) 23 05 00 23 05 93 23 07 00 23 08 00 23 09 00 Common Work Results for HVAC Testing, Adjusting and Balancing for HVAC Insulation for HVAC Commissioning of HVAC Building Management Systems 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 23 09 55 23 20 00 23 30 00 23 52 00 23 64 00 Variable Frequency Drives HVAC Piping and Pumps HVAC Air Distribution Heating Boilers Water Cooled Modular Chiller Plant 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 23 65 00 23 73 00 23 73 10 23 81 23 23 82 00 Cooling Towers Indoor Central Station Air Handling Units Operating Suite Air Handling Units Computer Room Air-Conditioners Convection Heating and Cooling Units 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 23 84 00 Humidity Control Equipment 06/18/2010 DIVISION 26 – ELECTRICAL 26 05 00 26 05 05 26 05 19 26 05 26 26 05 29 Common Work Results for Electrical Basic Material and Methods Wire and Cable Grounding and Bonding Hangers and Supports 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 26 05 33 26 05 34 26 05 48 26 05 53 26 09 23 Conduit Cabinets and Enclosures Seismic Bracing Electrical Identification Lighting Controls 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 26 09 24 26 22 00 26 24 00 26 24 13 26 24 16 Lamps and Ballasts Transformers Service and Distribution Switchboards Panelboards 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 26 27 26 26 28 13 26 28 16 26 29 13 Electrical Devices Fuses Enclosed Switches and Circuit Breakers Generator Controls and Alarms 06/18/2010 06/18/2010 06/18/2010 06/18/2010 Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/2011 TABLE OF CONTENTS 00 00 10 - 5 26 29 50 26 32 13 Mechanical Equipment Controls Standby Generator (Critical and Life Safety) 06/18/2010 06/18/2010 26 32 13-A 26 36 00 26 43 13 26 43 15 26 51 00 Standby Generator (Normal Power) Generator Automatic Transfer Switches (ATS) Transient Voltage Surge Suppression Equipment (TVSS) Lightning Protection Interior Lighting 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 26 51 05 26 56 00 26 56 05 26 61 00 Self-Contained Emergency Lighting Exterior Lighting Poles and Standards Commissioning 06/18/2010 06/18/2010 06/18/2010 06/18/2010 DIVISION 27 – COMMUNICATIONS 27 05 00 27 13 01 27 13 02 27 52 23 Common Work Results for Communications Telephone Raceway with Wiring Television Raceway with Wiring Nurse Call - Code Blue Systems 06/18/2010 06/18/2010 06/18/2010 06/18/2010 DIVISION 28 – ELECTRONIC SAFETY AND SECURITY (ESS) 28 05 00 28 05 13 28 31 11 Common Work Results for ESS Wire and Cables for ESS Fire Finder XLS Addressable Fire Alarm System 06/18/2010 06/18/2010 06/18/2010 DIVISION 31 - EARTHWORK 31 05 16 31 11 00 31 22 13 31 23 16 31 23 33 Aggregates Site Clearing Rough Grading Excavation and Fill Trenching 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 31 25 13 31 32 19 31 37 00 31 41 33 Erosion Control Devices Filter Fabric Rip-Rap and Rock Lining Sheeting, Shoring and Bracing 06/18/2010 06/18/2010 06/18/2010 06/18/2010 DIVISION 32 – EXTERIOR IMPROVEMENTS 32 12 16 32 17 13 32 17 23 32 92 19 32 93 33 Asphalt Pavement Steel Pipe Bollards Pavement Markings Seeding and Soil Supplements Landscaping 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 DIVISION 33 - UTILITIES 33 11 16 33 12 16 Site Water Distribution Water Distribution Valves Endless Mountains Health Systems Stratton Brook Associates, LLC 06/18/2010 06/18/2010 06/17/2011 TABLE OF CONTENTS 00 00 10 - 6 33 13 00 33 32 19 33 33 14 Disinfection of Water Distribution Sewage Lift Station Sanitary Sewage Systems 06/18/2010 06/18/2010 06/18/2010 33 34 01 33 41 14 33 44 16 33 45 00 33 49 13 Sanitary Sewer Force Main Storm Drainage Trench Drain and Catch Basins Stormwater Pump Station Storm Drainage Manholes, Frames and Covers 06/18/2010 06/18/2010 06/18/2010 06/18/2010 06/18/2010 DIVISION 34 – TRANSPORTATION 34 71 13 Vehicle Guiderails 06/18/2010 END OF SECTION 00 00 10 Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/2011 TABLE OF CONTENTS 00 00 10 - 7 Endless Mountains Health Systems Montrose, Pennsylvania 00 02 00 - 1 Endless Mountains Health Systems Montrose, Pennsylvania 00 02 00 - 2 Endless Mountains Health Systems Montrose, Pennsylvania 00 02 00 - 3 Endless Mountains Health Systems Montrose, Pennsylvania 00 03 00 - 1 Endless Mountains Health Systems Montrose, Pennsylvania 00 03 00 - 2 Endless Mountains Health Systems Montrose, Pennsylvania 00 04 00 -1 Endless Mountains Health Systems Montrose, Pennsylvania 00 05 00 - 1 Endless Mountains Health Systems Montrose, Pennsylvania 00 05 00 - 2 Endless Mountains Health Systems Montrose, Pennsylvania 00 05 00 - 3 Endless Mountains Health Systems Montrose, Pennsylvania 00 06 00 - 1 Endless Mountains Health Systems Montrose, Pennsylvania 00 06 00 - 2 Endless Mountains Health Systems Montrose, Pennsylvania 00 06 00 - 3 Endless Mountains Health Systems Montrose, Pennsylvania 00 07 00 - 1 Endless Mountains Health Systems Montrose, Pennsylvania 00 08 00 - 1 Endless Mountains Health Systems Montrose, Pennsylvania 00 08 00 - 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ADDEDUM TO ALL CONTRACTS: It is suggested a copy of this complete document (Tab 17 RACP Compliance Requirements) should be given to your Project and/or Construction Manager, and/or Architect so they are fully aware of the RACP requirements. This document should be included in your bid packages, and should be made an addendum to any and all construction contracts, plans and specs related to the RACP project. 2. COMPETITIVE BIDDING REQUIREMENTS: The sole and exclusive bidding requirement for RACP projects is in the Capital Facilities Debt Enabling Act (Act 67 of 2004), which states "Notwithstanding any other provision of law, the solicitation of a minimum of three written bids for all contracted construction work on redevelopment assistance capital projects shall be the sole requirement for the composition, solicitation, opening and award of bids on such projects. Notwithstanding the foregoing, the construction work shall be performed subject to the act of March 3, 1978 (P. L. 6, No. 3), known as the Steel Products Procurement Act." This means that all prime contractors, general contractors and subcontractors must be bid. Unless the terms of the law change, the Office of the Budget cannot grant waivers for bidding requirements to applicants. If an applicant proceeds based on plans to apply for such a waiver, it does so at its own risk. RACP projects are not subject to separation of trades. You are REQUIRED to solicit a minimum of THREE bids for “all generally contracted work” being performed within the RACP defined scope of work. You are not required to receive three bid responses however, you should provide documentation to prove that at least three bids were solicited by providing copies of the solicitation letters (preferably on letter head of the bidding entity) used in the bidding process. Additionally, you should provide a tabulation documenting the responses including the dollar amount from each respondent for the entire RACP scope of the work to be performed. You are not required to select the lowest bidder but you will have to provide a brief written justification for your selection. Note: there is NO “threshold level” under the RACP program regardless of the size or dollar amount associated with the work to be performed. For any contract to be eligible for RACP you need to show that you solicited a minimum of three bids. You have the option to either bid at the General Contractor Level (described in option A below) or the Sub-Contractor Level (described in option B below): A. General Contractor (GC) level: if you chose to bid at the GC level please note the bid should encompass the entire RACP scope of work to be performed including all associated construction work. The GC should serve in the capacity of a true GC and be self-performing a portion of the work involved in order to satisfy the RACP bidding Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 1 requirement at the GC level. Any self-performed work by a non-bid GC is NOT an eligible cost for reimbursement OR match purposes. The dollar amount bid on the project must include 100% of the work to be performed by the GC and the sub-contractors. Typically costs related to general conditions and overhead/fees are only eligible for match regardless if they are competitively bid. B. Sub-Contractor Level: If you choose not to solicit three bids for a General Contractor, then you are required to solicit a minimum of three bids for EACH Sub-Contractor covering all trades involved in the project. Professional Services: professional services associated with the project are not required to be bid as these associated costs are only eligible to serve as match. Change Orders: Grantees and/or Sub-grantees are not required to competitively bid out change orders as long as the work was within the RACP scope of the original bid. If a change order if for work beyond the RACP scope of work originally bid than the Grantee will be required to competitively bid out the new scope of work in order to be considered RACP eligible. Change orders should also be approved by the project owner. 3. PA PREVAILING WAGE REQUIREMENTS The Office of the Budget cannot grant waivers for the Prevailing Wage Determination Act. All applicants must comply with the act. Any attempts to circumvent this requirement are being rigorously monitored by the Department of Labor & Industry. Grantees that fail to abide by the Prevailing Wage Act do so at their own risk. Additionally, documentation of the Department of Labor & Industry Pennsylvania Prevailing Wage Determination Letter issued for the specific project will be required from the Grantee and/or SubGrantee to demonstrate compliance with the Prevailing Wage Determination Act. All RACP applicants must comply with the Prevailing Wage Determination Act and should apply for a wage determination letter prior to the start of construction by registering the project with the PA Department of Labor and Industry to obtain the prevailing wage rates relevant to your project. Please do not assume that PA Prevailing Wage is always consistent with your local union wages. This determination sheet will provide the necessary trade classifications for the project, along with their corresponding hourly wage and hourly fringe rates that are required for the certified payrolls required as part of RACP. The wage determination should be obtained within 120 days of the start of construction. The prevailing wage information and forms can be found on-line at the following web address: www.dli.state.pa.us/landi/li_apps/requestPW.asp. DAVIS BACON: if federal funds are included as part of the source of funds in the RACP defined project then Davis Bacon Prevailing Wage Rate requirements would supersede the PA State Prevailing Wage rate requirement ONLY if the associated federal funds stipulate that Davis Bacon Prevailing Wage rates are required and the federal funds are Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 2 not excluded from being able to pay construction cost; for example available only to pay A&E cost; by the project or the grant document. 4. CERTIFIED PAYROLL REQUIREMENTS: Grantees and/or sub-Grantees MUST provide CERTIFIED PAYROLLS for all RACP projects to demonstrate compliance with the PA Prevailing Wage Act requirement of RACP. Certified payroll reports from all contractors and subcontractors should detail each employee’s proper trade classification along with hourly pay rates AND hourly fringe benefit rates, itemized, in compliance with the PA Prevailing Wage Act. The State consultants have been directed to report all this information to the Commonwealth. Failure to provide this information will result in non-compliance findings. All certified payrolls will be randomly audited during the construction monitoring process by the State’s consultant and again during close-out audit by the State’s auditors. A sample of an acceptable certified payroll form is provided at the end of this handbook. 5. PENNSYLVANIA STEEL PROCUREMENT ACT: The Office of the Budget cannot grant waivers for the Pennsylvania Steel Procurement Act unless the terms of the law change. All applicants must comply with the Steel Procurement Act. If a grantee fails to abide by the Pennsylvania Steel Procurement Act, it does so at its own risk. To demonstrate compliance with the Steel Act, you are required to provide steel mill certifications proving that ALL steel used in the project was milled, melted and manufactured in the United States. The Act is not exclusive to just structural steel. The certification must have the letters USA printed on the documentation. I suggest that the certifications be collected at the time any steel for the project is purchased and delivered for the project to ease the collection process. All steel certificates will be reviewed during the construction monitoring process by the State’s consultant for acceptability and again during close-out audit by the State’s auditors. Failure to provide this information will result in non-compliance findings. A sample of an acceptable steel certificate is provided at the end of this handbook. Steel in Equipment: If the project includes equipment made of steel, a mill certification MUST be collected from the equipment manufacturer to demonstrate that the steel in equipment is from the USA. The certification the manufacturer obtains from his supplier is not required to be specific to each individual piece of equipment produced and can be general to the shipment received by the equipment manufacturer. 6. PAYMENT & PERFORMANCE BONDS (P&P Bonds): Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 3 The requirement for 100 percent performance and payment bonds is a state law; the Office of the Budget cannot waive that requirement. P&P Bonds must be obtained for 100% of the contract value. 100% of the work to be performed must be bonded to the directly to the Owner. See article 27 at the end of this document for further details. Some projects have been completed that failed to get the 100 % coverage. In those instances, the State could not release any RACP reimbursements until the project was completely finished and the owner received all waivers of liens from the various contractors, thereby making the bond coverage moot. 7. INSURANCE REQUIREMENTS: The Grantee and/or Sub-Grantee must list the Commonwealth as additionally insured on their general liability insurance policy. 8. PROJECT SIGN: Erect project sign acknowledging the Commonwealth’s financial assistance and the current Governor. See Article 25 at the end of this document for the necessary language and size requirements. 9. ADA COMPLINACE (Article 29): Typically your architect should provide a letter stating the plans and specs are in compliance with ADA regulations. 10. REPORTING AND AUDITS: All RACP projects must have a legislatively mandated close-out audit performed to comply with Act 39 of 1993 and in accordance with Article 5 of your grant agreement. Following the close of your project the State auditor will send you a list of documents you are required to have available for the close-out audit. These items will include documentation previously supplied to the state consultant for your project. Thus, the Grantee and/or Sub-Grantee is required to keep all original documentation submitted to the State and/or consultant on file which includes all certified payrolls (not just those monitored by the consultant). TAB 17. LIST OF GRANT COMPLIANCE ISSUES INSTRUCTIONS FOR COMPLETION A. LIST OF COMPLIANCE REQUIREMENTS. The Applicant should provide a signed list of compliance requirements and the progress toward satisfaction of those requirements. The list of compliance requirements should include, but not be limited to the following: 1. Steel Products Procurement Act 2. Trade Practices Act 3. Public Works Contractors' Bond Law (Performance Bond & Payment Bond) 4. Pennsylvania Prevailing Wage Act 5. Americans with Disabilities Act 6. Fidelity Bonds 7. Insurance: a. Worker's Compensation Insurance b. Comprehensive General Liability Insurance c. Property Damage Insurance Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 4 d. Identify Commonwealth as Additional Insured * Davis-Bacon Federal Wage Act. The Davis-Bacon Wage Act is not required by the Grant Agreement. If the Federal Government waives the Davis-Bacon for the project, this does not imply a waiver of Pennsylvania's Prevailing Wage Act. **** GRANT APPLICANT AND ANY APPLICABLE PROJECT ADMINISTOR SHALL SIGN THE AFOREMENTIONED LIST OF COMPLIANCE REQUIREMENTS INDICATING THAT THEY ARE AWARE OF THESE REQUIREMENTS AND WILL ENSURE THAT ALL COMPONENTS OF THE PROJECT WILL BE IN COMPLIANCE. THE SIGNED ACKNOWLEDGEMENT SHALL ALSO INDICATE THAT THE GRANT APPLICANTS UNDERSTANDS THAT FAILURE TO COMPLY WITH NECESSARY REQUIRMENTS MAY AFFECT GRANT REIMBURSEMENTS. B. REQUIREMENTS INCLUDED IN COMPLETED PLANS & SPECIFICATIONS. If Plans and Specifications have been completed at the time the Grant Application is submitted, the Applicant should state whether the requirements have been included. C. REQUIREMENTS NOT INCLUDED IN COMPLETED PLANS & SPECIFICATIONS. If Plans and Specifications are complete at the time the Grant Application is submitted, will the Applicant need to amend the specifications to include any compliance requirements that will be required by the Grant Agreement? D. PLANS AND SPECIFICATIONS NOT COMPLETED. If Plans and Specifications are not complete at the time the Grant Application is submitted, the Applicant should state whether the compliance specifications will or will not be included. E. APPLICANT'S RESPONSIBILITY. The Applicant is responsible to fulfill all federal, state, and local requirements. The Commonwealth is not responsible to inform the Applicant of the need to comply with requirements. The RACP Program provides funding from the Commonwealth. Therefore, within the Program, the Commonwealth does not approve any plans or specifications for compliance with any federal, state, or local regulations. The Applicant has the responsibility of executing the project fully. TAB 17 Compliance Requirements With Applicable State Regulations for the <RACP PROJECT NAME> Outline of Compliance Requirements. Part I includes the Compliance Requirements of the Commonwealth of Pennsylvania for the Redevelopment Assistance Capital Program. Both the Applicant/Grantee, and the Sub-Applicant/Sub-Grantee, <name of RACP Grant Receiving Entity> recognize that compliance with the following is mandated by the Commonwealth. These requirements will be included in the Commonwealth’s contract with the Grantee (“Grant Agreement”); Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 5 and should be included as an attachment to the Grantee's contract (“Sub-Grant Agreement”) with the Sub-Grantee if applicable. Steel Products Procurement Act.(“SPPA”) In the performance of the construction contract (“Contract”) awarded pursuant to the Grant Agreement, the contractor, subcontractors, material persons, or suppliers shall use only steel 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 by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel-making process. Steel products include not only cast iron products, but also machinery and equipment listed in United States Department of Commerce Standard Industrial Classifications 25 (furniture and fixtures), 35 (machinery, except electrical), and 37 (transportation equipment), and made of, fabricated from, or containing, steel components. If a product contains both foreign and United States steel, it shall be determined to be a United States steel product only if at least 75 percent of the cost of the articles, materials, and supplies have been mined, produced, or manufactured, as the case may be, in the United States. Transportation equipment shall be determined to be a United States steel product only if it complies with Section 165 of P.L. 97-424 (96 Stat. 2136). Invoices, bills of lading & mill certification. When unidentified steel products are supplied under the Contract or sub-contracts, it is suggested before any payment is made, the Grantee and/or Sub – Grantee obtain documentation including, but not limited to, invoices, bills of lading, and mill certification that the steel was melted and manufactured in the United States. If a steel product is identifiable from its face, the contractor must submit certification to satisfy this provision. OB shall not provide for or make any payments to any entity that has not complied with the Steel Products Procurement Act (“SPPA”). Any such payment made to any entity by OB which should not have been made as a result of the SPPA shall be recoverable directly from the contractor, subcontractor, manufacturer, or supplier who did not comply with the SPPA. Violations of SPPA. In addition to the withholding of payments, any entity that willfully violates any of the provisions of the SPPA shall be prohibited from submitting any bids to any public agency for a period of five years from the date of the determination that a violation has occurred. In the event the person who violates the Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 6 provisions of the SPPA is a sub-contractor, manufacturer, or supplier, such person shall be prohibited from performing any work for, or supplying any materials to, a public agency for a period of five years from the date of the determination that a violation has occurred. Applicability to Sub-Contract & Supply Contract. The Grantee and/or Sub - Grantee shall include the provisions of the SPPA in every sub-contract and supply contract so that the provisions of the SPPA shall be binding upon each sub-contractor and supplier. Trade Practices Act. In accordance with the Trade Practices Act of July 23, 1968, P.L. 686 (71 P.S. § 773.101 et seq.), the Grantee and/or Sub-Grantee cannot and shall not use or permit to be used in the work any aluminum or steel products made in a foreign country which is listed below as a foreign country which discriminates against aluminum or steel products manufactured in Pennsylvania. The countries of Argentina, Brazil, South Korea, and Spain have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries' products, as listed below, is not permitted: Argentina. Carbon steel wire rod and cold-rolled carbon steel sheet. Brazil. Welded carbon steel pipes and tubes; carbon steel wire rod; tool steel; certain stainless steel products, including hot-rolled stainless steel bar; stainless steel wire rod and cold-formed stainless steel bar; pre-stressed concrete steel wire strand; hot-rolled carbon steel plate in coil; hot-rolled carbon steel sheet; and cold-rolled carbon steel sheet. South Korea. Welded carbon steel pipes and tubes; hot-rolled carbon steel plate; hot-rolled carbon steel sheet; and galvanized steel sheet. Spain. Certain stainless steel products, including stainless steel wire rod, hot-rolled stainless steel bars; and cold-formed stainless steel bars; pre-stressed concrete steel wire strand; and certain steel products, including hot-rolled steel plate, cold-rolled carbon steel plate, carbon steel structural shapes; galvanized carbon steel sheet, hot-rolled carbon steel bars, and cold-formed carbon steel bars. Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 7 Penalties for violation of the above paragraphs may be found in the Trade Practices Act, which penalties include becoming ineligible for public works contracts for a period of three years. This provision in no way relieves the Sub – Grantee of responsibility to comply with those provisions of the Grant Agreement which prohibit the use of foreign-made steel and cast iron products. Public Works Contractor's Bond Law of 1967. Performance Bond. A performance bond at 100 percent of the Contract amount, conditioned upon the faithful performance of the Contract in accordance with the plans, specifications, and conditions of the contract. Such bond shall be solely for the protection of the contracting body which awarded the Contract. Protection of claimants supplying labor or materials. A payment bond at 100 percent of the Contract amount. Such bond shall be solely for the protection of claimants supplying labor or materials to the Grantee and/or Sub-Grantee, or to any of its sub-contractors, in the prosecution of the work provided for in such contract, and shall be conditioned for the prompt payment of all such material furnished or labor supplied or performed in the prosecution of the work. “Labor or materials” shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site. Pennsylvania Prevailing Wage Act. The Contract with the Contractor is subject to the provisions, duties, obligations, remedies, and penalties of the Pennsylvania Prevailing Wage Act, 43 P.S. § 165-l et seq., which is incorporated herein by reference as if fully set forth herein. The general prevailing minimum wage rates, as determined by the Secretary of Labor and Industry, shall be paid for each craft or classification of all workers needed to perform this Contract during the term hereof for the locality in which the work is to be performed. PREVAILING WAGE DETERMINATION (GO TO http://www.dli.state.pa.us) Links to state agencies o Agencies, Authorities, Boards, Commissions, Councils, Departments, and Offices Labor and Industry Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 8 Quick Links o Prevailing Wage Determination Request Request Prevailing Wage Form Americans With Disabilities Act. During the term of the Grant Agreement, the Grantee and/or Sub - Grantee agrees as follows: Hiring & Access. Pursuant to federal regulations promulgated under the authority of the Americans with Disabilities Act, 28 C.F.R. § 35.101 et seq., the Grantee and/or Sub-Grantee understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in the Contract or from activities provided for under the Contract. As a condition of accepting and executing any Sub-Grant Agreement, the SubGrantee agrees to comply with the General Prohibitions Against Discrimination, 28 C.F.R. § 35.130, and all other regulations promulgated under Title II of The Americans with Disabilities Act which are applicable to all benefits, services, programs, and activities provided by the Commonwealth through contracts. Commonwealth Held Harmless. The Grantee and/or Sub - Grantee shall be responsible for and agrees to indemnify and hold harmless the Commonwealth from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth as a result of the Grantee and/or Sub - Grantee's failure to comply with the provisions of paragraph 1 above. Fidelity Bond Evidence. The Grantee shall procure and furnish evidence to the Commonwealth of a fidelity bond with coverage to be maintained under the administrative title of the position in amounts to be determined by the Commonwealth and the Grantee. Larger Coverage. No person shall be bonded under more than one position. An employee who performs more than one function requiring bonding shall be bonded under the position requiring the larger coverage. Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 9 Insurance And Indemnification. Workers Compensation. Grantee and/or Sub - Grantee shall perform the activities under the Grant Agreement as an independent contractor. It shall also provide Worker's Compensation Insurance where the same is required, and shall accept full responsibility for the payment of premiums for Worker's Compensation Insurance and Social Security, as well as income tax deductions and any other taxes or payroll deductions required by law for its employees who are performing services specified by the Grant Agreement. Liability Insurance. Without limiting the foregoing obligations, Grantee and/or Sub - Grantee will provide and maintain comprehensive general liability and property damage insurance in the minimum amount of $250,000.00 per person for injury and death in a single occurrence; $1,000,000.00 per occurrence for injury or death of more than one person in a single occurrence; and $500,000.00 for a single occurrence of property damage, and which shall be endorsed to protect the Commonwealth from claims of bodily injury and of property damage arising out of any services or activities performed by the Grantee and/or Sub Grantee or its employees, agents, officers, assigns, or subcontractors under the Grant Agreement, including claims for damages by business invitees and all other claims for damage to property as a direct or indirect result of the execution of this project. Commonwealth as an Additional Insured. The Commonwealth shall be listed on the above insurance policies as an additional insured. Such policies shall not include any provision limiting the existing sovereign immunity of the Commonwealth or its agents or employees. By signing the Grant Agreement, the Grantee certifies on behalf of the Sub-Grantee that the project has the insurance coverage required by this Article; that such coverage will be in effect for the duration of this Grant Agreement; and that the policies will not be canceled or changed unless at least 30 days prior notice has been given to Commonwealth. Upon request, the Sub-Grantee shall furnish proof of insurance as required by this section to the Commonwealth. Hold Harmless. The Sub-Grantee and Grantee shall hold the Commonwealth harmless from, and indemnify the Commonwealth against, any and all claims, liabilities, demands, and actions based upon or arising out of any activities performed by the Sub-Grantee, its employees, agents, assigns, officers, or sub-contractors under the Grant Agreement, including claims arising under the Eminent Domain Code, and shall defend any and all actions brought against the Commonwealth based upon any such claims or demands. Compliance Requirement Plan. The following dialogue highlights the actions taken to date and the actions that will be taken during the term of this project to meet the above noted Part I – Outline of Compliance Requirements (pp. 1-5 above). Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 10 The Steel Products Procurement Act, Trade Practices Act, Public Works Contractor’s Bond Law of 1967, Pennsylvania Prevailing Wage Act, and Americans with Disabilities Act, Fidelity Bond Requirements, and Insurance and Indemnification . Compliance Plan for the <RACP PROJECT NAME>, With reference to A) above, all of these conditions will be contained in the contract between the General Contractor, when selected by <name of RACP Grant Receiving Entity>. Compliance with the above noted regulations will be implemented in accordance with those requirements. <name of RACP Grant Receiving Entity> will monitor compliance on a continued basis. The General Contractor will also provide <name of RACP Grant Receiving Entity> with the required assurances and will deliver to <name of RACP Grant Receiving Entity> before commencement of any sub-contract work, evidence of bonds respecting such portion of the work. Requirements Included In Completed Plans & Specifications. Compliance Plan for the <RACP PROJECT NAME>, With respect to the compliance requirements contained in the Plans and Specifications, the General Contractor, Architect, <RACP PROJECT NAME> and various testing and inspecting agencies will monitor compliance with contract requirements. For those contracts for which design has not yet been completed, a review of the completed documents will be undertaken prior to issuance of bid packages, to ensure that quality control and quality assurance programs are included in each sub-contractor bid package and to ensure that compliance is mandated Requirements Not Included In Completed Plans & Specifications. Compliance Plan for the <RACP PROJECT NAME> See B Above. Plans And Specifications Not Completed. Compliance Plan for the <RACP PROJECT NAME> See B Above. Applicant Responsibility. The Sub-Applicant is responsible to fulfill all federal, state, and local requirements. The Commonwealth is not responsible to inform the Applicant/Sub-Applicant of the need to comply with these requirements. The Applicant and OB will assist the Sub-Applicant throughout the life of the Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 11 project; however, the Sub-Applicant has the responsibility of executing the project fully. Certification. I am aware of the Compliance Requirements of the Commonwealth of Pennsylvania identified in Part I above. I certify that to the best of my knowledge the <RACP PROJECT NAME> project will meet all of these requirements. I further certify that I am aware that the Compliance Requirements of the Commonwealth of Pennsylvania will be included as an attachment to the Sub-Grant Agreement—Tab 12 between APPLICANT and <name of RACP Grant Receiving Entity>. ATTEST: GRANTEE SUB-GRANTEE (if applicable) Title Title Date Date **The following are those Articles from the Commonwealth’s Grant Agreement which pertain to compliance requirements. Please share this information with you Construction Manager and Construction Team. ** ARTICLE 7 INSURANCE AND INDEMNIFICATION A. The GRANTEE shall perform the activities under the CONTRACT as an independent contractor. It shall also provide Worker's Compensation Insurance where the same is required, and shall accept full responsibility for the payment of premiums for Worker's Compensation Insurance and Social Security, as well as income tax withholding and any other taxes or payroll deductions required by law for its employees who are performing services specified by this CONTRACT. B. The GRANTEE shall hold the COMMONWEALTH harmless from, and indemnify the COMMONWEALTH against, any and all claims, liabilities, demands, and actions based upon Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 12 or arising out of any activities performed by the GRANTEE, its employees, agents, assigns, officers, or subcontractors under this CONTRACT, including claims arising under the Eminent Domain Code, and shall defend any and all actions brought against the COMMONWEALTH based upon any such claims or demands. C. Without limiting the foregoing obligations, the GRANTEE will provide and maintain comprehensive general liability and property damage insurance in the minimum amount of $250,000.00 per person for injury and death in a single occurrence; $1,000,000.00 per occurrence for injury or death of more than one person in a single occurrence; and $500,000.00 for a single occurrence of property damage, and which shall be endorsed to protect the COMMONWEALTH from claims of bodily injury and of property damage arising out of any services or activities performed by the GRANTEE or its employees, agents, officers, assigns, or subcontractors under this CONTRACT, including claims for damages by business invitees and all other claims for damage to property as a direct or indirect result of the execution of this PROJECT. D. The COMMONWEALTH shall be listed on the above insurance policies as an additional insured. Such policies shall not include any provision limiting the existing sovereign immunity of the COMMONWEALTH or its agents or employees. GRANTEE certifies, by signing this CONTRACT, that it has the insurance coverage required by this Article; that such coverage will be in effect for the duration of this CONTRACT; and that the policies will not be cancelled or changed unless at least 30 days prior notice has been given to OB. Upon request, the GRANTEE shall furnish proof of insurance as required by this section to OB. ARTICLE 25 ACKNOWLEDGEMENT OF COMMONWEALTH FINANCIAL ASSISTANCE COMMONWEALTH financial assistance in this PROJECT will be acknowledged by signs erected in the PROJECT area as soon as possible after the effective date of this CONTRACT stating "Financial Assistance provided by the Commonwealth of Pennsylvania, Honorable [name of current governor], Governor" or in such other manner designated by OB. Any publication concerning the PROJECT shall also acknowledge COMMONWEALTH financial assistance in the same manner. Acknowledgement of COMMONWEALTH financial assistance may be combined with an acknowledgement of other funding sources on PROJECT signs and in PROJECT Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 13 publications, provided that the acknowledgement of Commonwealth assistance shall be listed first and no less prominently than any other source. ARTICLE 27 PUBLIC WORKS CONSTRUCTION CONTRACTS In consideration of the funds awarded and activities funded under this CONTRACT which involve construction, reconstruction, alteration, repair, improvement, or maintenance of a building, structure, or improvement (“the Work”), the GRANTEE agrees to perform in accordance with the following: A. Steel Products Procurement Act. In the performance of any contract awarded for Work, the contractor, subcontractors, material men, or suppliers shall use only steel 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 by the open hearth, basic oxygen, electric furnace, Bessemer, or other steelmaking process. Steel products include not only cast iron products, but also machinery and equipment listed in United States Department of Commerce Standard Industrial Classifications 25 (furniture and fixtures), 35 (machinery, except electrical), and 37 (transportation equipment), and made of, fabricated from, or containing, steel components. If a product contains both foreign and United States steel, it shall be determined to be a United States steel product only if at least 75 percent of the cost of the articles, materials, and supplies have been mined, produced, or manufactured, as the case may be, in the United States. Transportation equipment shall be determined to be a United States steel product only if it complies with Section 165 of P.L. 97-424 (96 Stat. 2136). When unidentified steel products are supplied under a contract for Work, before any payment will be made, the contractor must provide documentation including, but not limited to, invoices, bills of lading, and mill certification that the steel was melted and manufactured in the United States. If a steel product is identifiable from its face, the contractor must submit certification which satisfies the using agency that the contractor has fully complied with this provision. OB shall not provide for or make any payments to any person who has not complied with the Steel Products Procurement Act (hereinafter referred to as the "SPPA"). Any such payments made to any person by OB which should not have been made as a result of the SPPA shall be recoverable directly from the contractor, subcontractor, manufacturer, or supplier who did not comply with the SPPA. In addition to the withholding of payments, any person who willfully violates any of the provisions of the SPPA shall be prohibited from submitting any bids to any public agency for a period of five years from the date of the determination that a violation has occurred. In the event the person who violates the provisions of the SPPA is a subcontractor, manufacturer, or supplier, such person shall be prohibited from performing any work for, or supplying any materials to, a public agency for a period of five years from the date of the determination that a violation has occurred. Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 14 The GRANTEE shall include the provisions of the SPPA in every subcontract and supply contract so that the provisions of the SPPA shall be binding upon each subcontractor and supplier. B. Trade Practices Act. In accordance with the Trade Practices Act of July 23, 1968, P.L. 686 (71 P.S. § 773.101 et seq.), the GRANTEE cannot and shall not use or permit to be used in the Work any aluminum or steel products made in a foreign country which is listed below as a foreign country which discriminates against aluminum or steel products manufactured in Pennsylvania. The countries of Argentina, Brazil, South Korea, and Spain have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries' products, as listed below, is not permitted: 1. Argentina: carbon steel wire rod and cold-rolled carbon steel sheet. 2. Brazil: welded carbon steel pipes and tubes; carbon steel wire rod; tool steel; certain stainless steel products, including hot-rolled stainless steel bar; stainless steel wire rod and cold-formed stainless steel bar; prestressed concrete steel wire strand; hot-rolled carbon steel plate in coil; hot-rolled carbon steel sheet; and cold-rolled carbon steel sheet. 3. South Korea: welded carbon steel pipes and tubes; hot-rolled carbon steel plate; hotrolled carbon steel sheet; and galvanized steel sheet. 4. Spain: certain stainless steel products, including stainless steel wire rod, hot rolled stainless steel bars; and cold-formed stainless steel bars; prestressed concrete steel wire strand; and certain steel products, including hot-rolled steel plate, cold-rolled carbon steel plate, carbon steel structural shapes; galvanized carbon steel sheet, hot-rolled carbon steel bars, and cold-formed carbon steel bars. Penalties for violation of the above paragraphs may be found in the Trade Practices Act, which penalties include becoming ineligible for public works contracts for a period of three years. This provision in no way relieves the GRANTEE of responsibility to comply with those provisions of this CONTRACT which prohibit the use of foreign-made steel and cast iron products. C. Public Works Contractor's Bond Law of 1967. Prior to the award of any contract for any Work on the Project, the contractor to whom the contract is to be awarded must furnish the following bonds which shall become binding upon the award of such contract: 1. A performance bond at 100 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications, and conditions of the contract. Such bond shall be solely for the protection of the contracting body which awarded said contract. 2. A payment bond at 100 percent of the contract amount. Such bond shall be solely for the protection of claimants supplying labor or materials to the GRANTEE, its contractor Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 15 or to any of its subcontractors, in the prosecution of the work provided for in such contract, and shall be conditioned for the prompt payment of all such material furnished or labor supplied or performed in the prosecution of the work. "Labor or materials" shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site. D. Pennsylvania Prevailing Wage Act. The GRANTEE, its subgrantees, contractors and subcontractors shall comply with the provisions, duties, obligations, remedies, and penalties of the Pennsylvania Prevailing Wage Act, 43 P.S. § 165-1 et seq., which is incorporated herein by reference as if fully set forth herein. The general prevailing minimum wage rates, as determined by the Secretary of Labor and Industry, shall be paid for each craft or classification of all workmen needed to perform work on the Project during the term hereof for the locality in which the work is to be performed. ARTICLE 28 SEVERABILITY Should any section or any part of any section of this CONTRACT be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or part of any section of this CONTRACT. ARTICLE 29 AMERICANS WITH DISABILITIES ACT During the term of this CONTRACT, the GRANTEE agrees as follows: A. Pursuant to federal regulations promulgated under the authority of The Americans with Disabilities Act, 28 C.F.R. § 35.101 et seq., the GRANTEE understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this CONTRACT or from activities provided for under this CONTRACT. As a condition of accepting and executing this CONTRACT, the GRANTEE agrees to comply with the General Prohibitions Against Discrimination, 28 C.F.R. § 35.130, and all other regulations promulgated under Title II of The Americans with Disabilities Act which are applicable to all benefits, services, programs, and activities provided by the COMMONWEALTH through contracts. Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 16 SAMPLE CERTIFIED PAYROLLS AND STEEL CERTIFICATIONS CERTIFIED PAYROLL REQUIREMENTS: Grantees and/or sub-Grantees MUST provide CERTIFIED PAYROLLS for all RACP projects to demonstrate compliance with the PA Prevailing Wage Act requirement of RACP. Certified payroll reports from all contractors and Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 17 subcontractors should detail each employee’s proper trade classification along with hourly pay rates AND hourly fringe benefit rates, itemized, in compliance with the PA Prevailing Wage Act. The State consultants have been directed to report all this information to the Commonwealth. Failure to provide this information will result in non-compliance findings. All certified payrolls will be randomly audited during the construction monitoring process by the State’s consultant and again during close-out audit by the State’s auditors. (SEE ATTACHED SAMPLE) PENNSYLVANIA STEEL PROCUREMENT ACT: The Office of the Budget cannot grant waivers for the Pennsylvania Steel Procurement Act unless the terms of the law change. All applicants must comply with the Steel Procurement Act. If a grantee fails to abide by the Pennsylvania Steel Procurement Act, it does so at its own risk. To demonstrate compliance with the Steel Act, you are required to provide steel mill certifications proving that ALL steel used in the project was milled, melted and manufactured in the United States. The Act is not exclusive to just structural steel. The certification must have the letters USA printed on the documentation. I suggest that the certifications be collected at the time any steel for the project is purchased and delivered for the project to ease the collection process. All steel certificates will be reviewed during the construction monitoring process by the State’s consultant for acceptability and again during close-out audit by the State’s auditors. Failure to provide this information will result in non-compliance findings. (SEE ATTACHED SAMPLE) Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 18 Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 19 Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 20 Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 21 Endless Mountains Health Systems Stratton Brook Associates 06/17/2011 RACP - TAB 17 00 19 00 - 22 SECTION 00 80 10 – SPECIAL CONDITIONS PART 1 - GENERAL These Special Conditions modify, change, delete from or add to the General Conditions and shall apply to each and every Section of the Work as though written in full therein. The following paragraphs and subparagraphs take precedence over the General Conditions. Where any part of the General Conditions is modified or deleted by the Special Conditions, the unaltered provisions remain in effect. 1.1 PROJECT MANUAL A. 1.2 The Project Manual is the volume issued by the Architect which includes the Conditions of the Contract, the Special Conditions, Specifications and may include Bidding Requirements. CORRELATION AND INTENT A. Sections of Division 01 – General Requirements govern the execution of all sections of the specifications. B. The Sections included within Division 01 are intended to be extensions to various applicable Articles in the General Conditions. Any conflicts or contradictions between them shall be interpreted that the General Conditions shall prevail. C. Summary paragraphs placed at the beginning of the Sections present a brief indication of the principal Work included in that Section, but do not limit Work of subject mentioned nor purport to itemize Work that may be included. D. The Relation of Specifications and Drawings shall be equal authority and priority. Should they disagree in themselves, or with each other, bids shall be based on the most expensive combination of quality and quantity of work indicated. The appropriate Work, in the event of the above mentioned disagreements, shall be determined by the Architect. E. Should the Drawings disagree in themselves, figures shall govern over scaled measurements, large scaled Drawings shall govern over small scale Drawings, the greater quantity of work or materials shall be furnished and performed; the descriptive writings shall govern over legends indicating material or conditions and the Agreement takes precedence over all other Contract Documents. 1.3 INTERPRETATION A. In the interest of brevity, the Contract Documents frequently omit modifying words such as “all” or “any” and articles such as “the” or “an”, but the fact that a modifier or Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/2011 SPECIAL CONDITIONS 00 80 10-1 an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.4 INFORMAL SUBMITTALS A. 1.5 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. PROFESSIONAL CERTIFICATION A. 1.6 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. HAZARDOUS MATERIALS A. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. B. The Contractor shall provide Owner with an affidavit notarized by a notary public who certifies that no PCB’s or asbestos have been used in the materials for construction of the Project. This affidavit shall be due at the same time the Release of Lien on products is furnished to the Architect. 1.7 VOLATILE ORGANIC COMPONENTS (VOC) A. 1.8 The Contractor shall provide Owner with an affidavit notarized by a notary public who certifies that all materials containing VOC’s are in strict compliance with all VOC requirements and regulations of the Environmental Protection Agency (EPA), Occupational Safety Health Administration (OSHA), State, County, City and Local Air Control District. HAZARDOUS WASTE A. The Contractor shall provide the Owner with an affidavit notarized by a notary public who certifies that all hazardous waste, trash, debris, etc., has been disposed of in a manner which is in strict compliance with all current requirements of EPA, State, County, City and Local districts or authorities. Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/2011 SPECIAL CONDITIONS 00 80 10-2 1.9 ALL PLUMBING AND ELECTRICAL WORK A. All plumbing and electrical work installed underground, within the contract limits on the site and inside of all buildings shall be inspected and approved in writing (prior to cover up and at final completion) by an Independent Inspection Agency approved by the Architect. Approval of the Work shall be documented with the Agency’s Approval Sticker on the Job Set of Drawings. Provide Certificates of Code Conformance upon completion. END OF SECTION 00 80 10 Endless Mountains Health Systems Stratton Brook Associates, LLC 06/17/2011 SPECIAL CONDITIONS 00 80 10-3
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