Div 00 Procurement and Contracting Requirements_stamped

Div 00 Procurement and Contracting Requirements_stamped
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
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Montrose, Pennsylvania
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1. 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
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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
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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):
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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
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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”);
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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
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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.
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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
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
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.
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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).
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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
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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
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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
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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.
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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
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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.
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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
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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)
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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
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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.
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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
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