POLLUTION PREVENTION - REPEALED — 1972 Pa. Act 247 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 2559, 2895, 3184 PRINTER'S NO. 3267
INTRODUCED BY MESSRS. LAUDADIO, DININNI, McCLATCHY, MEBUS,
SCHEAFFER, MURTHA, RENWICK AND BENNETT, FEBRUARY 28, 1972
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, SEPTEMBER
11, 1972
AN ACT
1 Relating to the prevention of environment pollution and the
2 preservation of public natural resources in construction
3 projects.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. All invitations for proposals for construction
7 projects (but not including highways) issued by the <--
8 Commonwealth, its authorities or agencies, or any political
9 subdivision of the Commonwealth, shall set forth the specific <--
10 measures which must be undertaken by the successful bidder to
11 comply with the provisions of the Constitution of the
12 Commonwealth of Pennsylvania and Federal, State and local
13 statutes, ordinances THOSE PROVISIONS OF FEDERAL AND STATE <--
14 STATUTES, RULES and regulations dealing with the prevention of
15 environment pollution and the preservation of public natural
16 resources THAT AFFECT THE PROJECTS. If the successful bidder <--
17 must undertake measures not specified in the invitation for <--
1 proposal, including measures required ADDITIONAL WORK due to the <--
2 enactment of new or the amendment of existing statutes,
3 ordinances RULES or regulations occurring after the submission <--
4 of the successful proposal, the awarding agency shall issue a
5 change order setting forth the additional measures WORK that <--
6 must be undertaken, which shall not invalidate the contract. The
7 cost of such a change order to the awarding agency shall be
8 determined in accordance with the provisions of the contract for
9 change orders or force accounts or, if no such provision is set
10 forth in the contract, then the cost to the awarding agency
11 shall be the contractor's costs for wages, labor costs other
12 than wages, wage taxes, materials, equipment rentals, insurance
13 and subcontracts attributable to the additional activity plus a
14 reasonable sum for overhead and profit: Provided, however, That
15 such additional costs to undertake measures WORK not specified <--
16 in the invitation for proposal shall not be approved unless
17 written authorization is given the successful bidder prior to
18 his undertaking such additional activity. In the event of a
19 dispute between the awarding agency and the successful bidder,
20 arbitration procedures may be commenced under the applicable
21 terms of the construction contract, or, if the contract contains
22 no such provision for arbitration, the then obtaining rules of
23 the American Arbitration Association.
24 Section 2. This act shall take effect in thirty days but
25 shall not apply to any contract awarded pursuant to an
26 invitation for bids issued on or before the date it takes
27 effect, or to any persons or bonds in respect of any such
28 contract.
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