4-Part IV.pdf

SPECIFICATIONS

PART IV – APPENDICES

SECTION

ARTICLE

APPENDIX A

OWNER / AGENCY STANDARD DOCUMENTS

APPENDIX B

RULES AND REGULATIONS

APPENDIX C

DAVIS BACON WAGE RATES

APPENDIX D

HUD – 4010

FEDERAL LABOR STANDARD PROVISIONS

APPENDIX E

STATE REQUIREMENTS

APPENDIX F

MBE/WBE

APPENDIX G

W-9 FORM

REQUEST FOR TAXPAYER IDENTIFICATION NUMBER

AND CERTIFICATION

APPENDIX H

PROJECT SIGN

00900-021626

PART IV - CONTENTS

PART IV - APPENDICES

OWNER/AGENCY STANDARD DOCUMENTS

OWNER/AGENCY STANDARD DOCUMENTS

A. PLANS

None

B. CONTRACT DOCUMENTS

The set attached to this Appendix including this Appendix titled:

2023 CDBG – KRAEMER AVENUE – MILLING AND PAVING PROJECT

BOROUGH OF STROUDSBURG, MONROE COUNTY, PA

PROJECT NO. 3543-24-11

DATED: February 16, 2026

PREPARED BY: PETERS CONSULTANTS, INC.

2701 COLUMBIA BOULEVARD

BLOOMSBURG, PA 17815

The following rules and regulations are a part of this Contract. The list is not to be considered all inclusive and shall be followed as if each rule and regulation is written in its entirety, or as last revised.

The Clean Streams Law, Act of June 22, 1937, P.L. 1937, as amended 35 P.S. 691.1 et seq. and

Chapters 73, 91, 93, 95, 97, 101 and 104 of Department of Environmental Protection regulations promulgated thereunder, as last revised.

Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 Section 1 (35 P.S. S750.1) and Chapters 71 and 73 of Department of Environmental Protection regulations promulgated thereunder, as last revised.

Air Pollution Control Act, Act of January 8, 1960, P.L. 2119, as amended, October 26, 1972, 35

P.S. Section 4001 et seq. and Chapters 121, 123, 127, 129, 131, 135, 137, 139, and 141 of

Department of Environmental Protection regulations promulgated thereunder, as last revised.

Surface Mining Conservation and Reclamation Act, Act of May 31. 1945, P.L. 1193, as amended

52 P.S. 1396.1 et seq. and Chapter 77 of Department of Environmental Protection regulations promulgated thereunder, as last revised.

Bituminous Coal Open Pit Mining Conservation Act, Act of May 31, 1945, P.L. 1198, 52 P.S.

1396.1 et seq., as last revised.

Pennsylvania Solid Waste Management Act, Act of July 31, 1968, P.L. No. 241 35 P.S. 6001 et seq. and Chapter 75 of the Department of Environmental Protection regulations promulgated thereunder, as last revised.

Dams and Encroachments Act, Act of June 25, 1913, P.L. 555 Section 4, as amended, 32 P.S. 684;

Water Power and Water Supply Act, Act of June 14, 1923, P.L. 704 Section 7, 32 P.S. 597; Section

1920-A of the Administrative Code, 71 P.S. 510-520 and Chapter 105 of the Department of

Environmental Protection regulations promulgated under all three Acts, as last revised.

Water Well Drillers License Act, Act of May 29, 1956, P.L. 1840 Section 12, 32 P.S. 645.12 and

Chapter 107 of the Department of Environmental Protection regulations promulgated thereunder, as last revised.

Waterworks Act, Act of April 22, 1905, P.L. 260, as amended, 35 P.S. 711 et seq., and Sections

1918-A, 1920-A of the Administrative Code 71 P.S. Sections 510 -20 and Chapter 109 of the

Department of Environmental Protection regulations promulgated under both Acts, as last revised.

Sections 1917-A and 1920-A of the Administrative Code, 71 P.S. 510-17 and 510-20 and Chapters

179, 191, 201, 203, 241, and 243 of the Department regulations issued thereunder, as last revised.

00910-021626

APPENDIX B - PAGE 1

Atomic Energy Act, Act of January 28, 1966, P.L. 1525. Section 301 (73 P.S. 1301 and Chapters

221, 227, 229, 231, 233 and 235 of the Department's regulations issued thereunder, as last revised.

Act of November 18, 1968, P.L. (No. 322), Section 4, (63 P.S. 1004) and Chapters 301, 303, and

305 of the Department's regulations promulgated thereunder, as last revised.

Airport and Airway Development Act of 1970, 49 U.S.C. 1701, 1703, 1717-1222, as last revised.

Anadromous Fish Conservation Act 16 U.S.C. 7579-757f, as last revised.

Appalachian Regional Development Act of 1965, 40 App. U.S.C. , 1, 2, 203, 205, 206, 212, as last revised.

Atomic Energy Act of 1954, as last revised.

42 U.S.C. Sec.

2011 2071 2133 2236

2012 2073 2134 2237

2013 2077 2136 2238

2014 2091 2137 2239

2021 2092 2140 2240

2051 2093 2231 2241

2052 2097 2232 2274

2053 2111 2233 2275

2061 2131 2234 2277

2062 2132 2235

42 U.S.C.

2011. . . . . . 10 C.F.R. Parts 1 and 4

2013. . . . . . 10 C.F.R. Part 50

2021. . . . . . 10 C.F.R. Part 150

2051. . . . . . 10 C.F.R. Part 37

2071. . . . . . 10 C.F.R. Part 70

2073. . . . . . 10 C.F.R. Parts, 20, 70-73

2077. . . . . . 10 C.F.R. Part 110

2092. . . . . . 10 C.F.R. Part 40

2093. . . . . . 10 C.F.R. Part 20, 40, 71

2111. . . . . . 10 C.F.R. 20, 30-40, 71

2131. . . . . . 10 C.F.R. Part 50

2132. . . . . . 10 C.F.R. Parts 2, 50

2133. . . . . . 10 C.F.R. Parts 20, 50

2134. . . . . . 10 C.F.R. Parts 20, 50

2137. . . . . . 10 C.F.R. Part 55

2232. . . . . . 10 C.F.R. Parts 30, 32-36, 40-50, 70-71, 1

2233. . . . . . 10 C.F.R. Parts 2, 30-36, 40-50, 70-71, 73

APPENDIX B - PAGE 2

2234. . . . . . 10 C.F.R. Parts 30, 40, 50, 70

2235. . . . . . 10 C.F.R. Part 50

2236. . . . . . 10 C.F.R. Parts 2, 30, 36, 40, 50, 55, 70

2237. . . . . . 10 C.F.R. Parts 30, 40, 50, 55, 70

2239. . . . . . 10 C.F.R. Parts 2, 50

2241. . . . . . 10 C.F.R. Part 2, 115

Bankhead-Jones Farm Tenant Act, as last revised.

7 U.S.C. 1010, 1012

7 U.S.C. 1010; 36 C.F.R. 213, 7 C.F.R. Part 15 111-161

1011; 55 C.P.R. 211, 231. 7 C.F.R. Part 15, 600, 1800

1012; 7 C.F.R. Part 5

Black Bass Act, as last revised.

16 U.S.C. 851

852a

852b

852c

852d

Clean Air Act of 1970, as last revised.

42 U.S.C. 1857-1857L, 1857a, 1857b, 1857-1, 1857c to 1857-c-9, 1857d, 1857d-1, 1857e, 18576b, 1857f to 1857f-5a, 1857-6 to 1857f-6c, 1857f, 1857f-7, 1857f-9 to 1857f-12, 1857g, 1857h to 1857h-7, 1857i, 1857j to 1857-3, 1857k, 18571, 1858, 1858a.

42 U.S.C. 1857 et seq. 40 C.F.R. Parts 30, 51

1857b 42 C.F.R. Part 52, 61

1857c 40 C.F.R. Part 81

1857f-3 19 C.F.R. Part 12

1857f-6b 40 C.F.R. Part 30

1857f-6c 40 C.F.R. Part 79

1857g 40 C.F.R. Part 81 and 85

42 C.F.R. Part 52 and 61

1857h-2 45 C.F.R. Part 54

1858 et seq. 40 C.F.R. Part 30

Consolidated Farmers Home Administration Act of 1961, as last revised.

7 U.S.C. 1921 7 C.F.R. Part 1800

1922 7 C.F.R. Parts 15, 1821

1923 7 C.F.R. Parts 15, 1821

1924 7 C.F.R. Parts 15, 1821

APPENDIX B - PAGE 3

1925 7 C.F.R. Part 1821

1926 7 C.F.R. Part 15

1942 7 C.F.R. Part 15

1961-1967 7 C.F.R. Part 1832

Delaware River Basin Compact 75 Stat. 688 Enacted 1961, as last revised.

Department of Transportation Act of 1966, 29 U.S.C. 213 (4) (5), 40 U.S.C. 201, 206; 49 U.S.C.

1653, as last revised.

Dingell-Johnson Sport Fish Restoration Act of 1950, commonly called the Dingell-Johnson Act or Wallop-Breaux Act, 23 U.S.C. 204; 23 C.F.R. Part 15, as last revised.

Endangered Species Conservation of 1969, 16 U.S.C. 668aa-668 cc-5, as last revised.

Federal-Aid Highway Act of 1968, amendments of 1973, 49 U.S.C. 1653, 23 U.S.C. 131, 138, 205, 319, as last revised.

23 U.S.C. 131 23 C.F.R. Parts 20, 21, 22

205 36 C.F.R. Part 212

Federal Insecticide, Fungicide, and Rodenticide Act of 1947, 7 U.S.C. 135, 135a, 135b-k, as last

7 U.S.C. 136b 10 C.F.R. Part 164

7 C.F.R. Part 760

135d 40 C.F.R. Parts 162, 164

Federal Power Act of 1920, amendments of 1986, as last revised.

16 U.S.C. 803; 18 C.F.R. Parts 4-8, 11-12, 131;

16 U.S.C. 828

Federal Water Pollution Control Act of 1948, amendments of 1972, Sections 201, 302, 303, 304, 306, 307, 310, 311, 312, 316, 318, 401, 402, 403, 404, 405, as last revised.

Federal Water Project Recreation Act of 1965, amendments of 1974, 1976 and 1992, as last

16 U.S.C. 460L-5, 460L-72 to 460L-21

16 U.S.C. 460L-5 36 C.F.R. Part 251

Fish and Game Sanctuary Act, 16 U.S.C. 694-694b, as last revised.

Fish Restoration and Management Project Act of 1950, 16 U.S.C. 777-777k, 777a, 777c, 777c-7, 16 U.S.C. 777 43 C.F.R. Part 17

Fish and Wildlife Act of 1956, 16 U.S.C. 742a-742j, 742j-1, as last revised.

16 U.S.C. 742c 50 C.F.R. Part 250

742c 50 C.F.R. Part 255

260-264

266-279

00910-021626 PART IV - APPENDICES

APPENDIX B - PAGE 4

Fish and Wildlife Coordination Act of 1934, 16 U.S.C. 661-667e, amendments of 1958, as last

Fisherman's Protective Act of 1967, 22 U.S.C. 1971-1980, P.L. 90-482, as amended, as last revised.

Flood Control Act of 1944, 33 U.S.C. 701, 708, 16 U.S.C. 1001, 1002, 4601, also see: River & Harbor Act of 1962 and Flood Control Act of 1962, 33 U.S.C. 426e, 596, and

River and Harbors Control Act of 1965, 42 U.S.C., 1962d-4, as last revised.

16 U.S.C. 460d 32 C.F.R. Part 300

36 C.F.R. Parts 311-326

16 U.S.C. 1001, 1002 7 C.F.R. Parts 15, 600

Highway Beautification Act of 1965, 23 U.S.C. 131, as last revised.

23 C.F.R. Parts 20, 21, 22

Land and Water Conservation Fund Act of 1963, 16 U.S.C. 460L-4 to 460L-11, as last revised.

Migratory Bird Conservation Act of 1929, 16 U.S.C. 715-715r, 715g, 715c, 715i-715k, as last

16 U.S.C., 715i 36 C.F.R. Parts 322

43 C.F.R. Parts 5, 4250

50 C.F.R. Parts 25-33, 60

Migratory Bird Treaty Act of 1918, 16 U.S.C. 703-708, 709a, 710, 668aa, 668b, 668d-1, as last

16 U.S.C. 668aa 50 C.F.R. Part 17

668bb 50 C.F.R. Parts 70, 71, 31, 35

668cc-1 50 C.F.R. Part 17

Multiple-Use Sustained Yield Act of 1966, 16 U.S.C. 475, 528, 531, as last revised.

16 U.S.C. 475 36 C.F.R. Part 221

528-531 36 C.F.R. Parts 212, 221,251-261

National Emission Standards Act of 1965, 42 U.S.C. 1857f-1 to 1857f-7, as last revised.

National Environmental Policy Act of 1969, 42 U.S.C. 4311, 4331-4335, 4341-4347, as amended

1970, 1975 and 1982, as last revised.

42 U.S.C. 4321 et seq. 40 C.F.R. Part 30

45 C.F.R. Part 640

4332 10 C.F.R. Part 50

14 C.F.R. Part 1204

National Trails Systems Act of 1968, 16 U.S.C. 1241-1251, 36 C.F.R. Part 251, as last revised.

National Wildlife Refuge System Administration Act of 1966, 16 U.S.C. 668dd, 668ee, as last

16 U.S.C. 668 dd 50 C.F.R. Part 32

APPENDIX B - PAGE 5

Oil Pollution Act of 1961, 33 U.S.C. 1001-1015, as last revised.

33 U.S.C. 1007 46 C.F.R. Parts 2, 35,78, 93, 97,167, 196

1008-1011 32 C.F.R. 151

Recreational Use of Conservation Areas Act, as last revised.

16 U.S.C. 460K 50 C.F.R. Parts 25-29, 31-33, 70- 71

Refuse Act of 1899, 33 U.S.C. 401, 403-4, 406-9, 411-415, as last revised.

Resources Recovery Act of 1970, 42 U.S.C. 3251-3254f, 3256-3259, as last revised.

River and Harbor Act of 1958, 33 U.S.C. 610, as last revised.

Soil Conservation and Domestic Allotment Act of 1935, as last revised.

16 U.S.C. 590a-590g, 590i-590o

16 U.S.C. 590a-7 C.F.R. Part 15

16 U.S.C. 5909 7 C.F.R. Parts 701-706, 708, 780

Solid Waste Disposal Act of 1976, as last revised.

42 U.S.C. 3251-3259 40 C.F.R. Part 30

Water Bank Act of 1970, 16 U.S.C. 1301-1311, as last revised.

Watershed Protection and Flood Prevention Act of 1954, as last revised.

16 U.S.C. 1001-1008, 1006a, 1006b

16 U.S.C. 1001-1007 7 C.F.R. Part 600

1006a 7 C.F.R. Parts 1800, 1861

Wetlands Acquisition Act, 16 U.S.C. 715K-3 to 715K-5, as last revised.

Wilderness Act of 1964, as last revised.

16 U.S.C. 1131-1136; 36 C.F.R. Parts 251-261

43 C.F.R. Part 19

50 C.F.R. Part 35

Wilderness Restoration Act, as last revised.

16 U.S.C. 669-669b, 669c-669i

16 U.S.C. 669 43 C.F.R. Part 17

669i 50 C.F.R. Part 30

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), as last revised.

Contractors that apply or bid for an award exceeding $ 100,000 must file the required certification.

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of

Congress in connection with obtaining any Federal contract, grant or any other award covered by 31

U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. The disclosures are forwarded from tier to tier up to the non-Federal award. (2 CFR 200 Appendix II (I)).

APPENDIX B - PAGE 6

OTHER RELEVANT PENNSYLVANIA LAWS

LAND

Land Acquisition Act, Act of June 22, 1964, P.L. 131 72 P.S. 3946.1 et seq., as last revised.

Act authorizing Commonwealth of Pennsylvania to acquired open space, Act of January 19, 1968, P.L. 992 3 P.S. 5001 et seq., as last revised.

Land and Water Conservation and Reclamation Act, Act of January 19, 1968, P.L. 996 32 P.S. 5101 et seq., as last revised.

Act Authorizing Covenants with Land Owners for Open Spaces, Act of January 13, 1966, P.L. 1292

16 P.S. 11941 et. seq., as last revised.

Coal Land Improvement Act, Act of July 19, 1965, P.L. 216 52 P.S. 30.101 et seq., as last revised.

Soil Conservation Act, Act of May 15, 1945, P.L. 547 3 P.S. 849 et seq., as last revised.

STORMWATER

Susquehanna River Basin Compact, Act of July 17, 1968, P.L. 32 P.S. 820.1 et seq., as last revised.

Wheeling Creek Watershed Protection and Flood Prevention Commission Act of August 2, 1967, P.L. 189 32 P.S. 819.1 et seq., as last revised.

Disaster Relief Act, Act of July 6, 1961, P.L. 515 71 P.S. 1689.101 et seq., as last revised.

Brandywine River Valley Compact, Act of September 9, 1959, P.L. 848 82 P.S. 818, as last revised.

Great Lakes Basin Compact, Act of March 22, 1956, P.L. 1333 32 P.S. 817.1-817.6, as last revised.

An Act protecting water supply sources, Act of January 18,1952, P.L. 2148 35 P.S. 731, 732, as last revised.

Stream Clearance Act of June 5, 1947, P.L. 420 32 P.S. 659, as last revised.

Ohio River Valley Sanitation Compact, Act of April 2, 1945, P.L. 103 32 P.S. 816.1 et seq., as last

Potomac River Valley Compact, Act of May 29, 1945, P.L. 1134 32 P.S. 741 et seq., as last revised.

Act of June 4, 1945, P.L. 1383 32 P.S. 751.1 et seq., as last revised.

AIR

Uniform Interstate Air Pollution Agreement Act, Act of January, February 17, 1972, as last revised.

APPENDIX B - PAGE 7

Act limiting the amount of noise produced by motor vehicles, providing noise testing and fixing penalties, Act of January 26, 1972, as last revised.

Act regulating a vehicle emission system, Act of June 16, 1972, as last revised.

Act creating a weather modification board, Act of 449, January 19, 1968, P.L. 3 P.S. 1101 et seq., TRANSPORTATION

Hazardous Substances: Transportation Act, 1966 of (November 9, 1966), 75 P.S. 2101 et seq., P.L.

657, as last revised.

Vehicle Code, Act of (April 29, 1959), 75 P.S. 101 et seq., P.L. 58, as amended, as last revised.

State Highway Law, Act of (June 1, 1945), 36 P.S. 670-101 et seq., P.L. 1242, as amended, as last

PennDOT Publication Form 408, as last revised.

PennDOT AASHTO regulations and rights.

URBAN/NONURBAN UTILIZATION

Industrial Park Loans, Act of (August 31, 1971), as last revised.

Act authorizing the Department of Community Affairs to develop and administer an Urban

Technical Assistance Program, Act of (March 21, 1970), 71 P.S. 1049 101 et seq., P.L. 195, as last

Site Development Act, Act of (May 6, 1968), 73 P.S. 361 et seq., as last revised.

Urban Redevelopment Law, Act of (November 16, 1967), 36 P.S. 1704.1 et seq., P.L. 498, as last

Industrial Development Assistance Law, Act of (May 31, 1956) 73 P.S. 351 et seq., P.L. 1911, as

Industrial Development Authority Law, Act of (May 17, 1957) 73 P.S. 301 et seq., P.L. 1609, as

Commerce Law, Act of (May 10, 1939), 71 P.S. 1709-1 et seq., P.L. 111, as last revised.

MINERAL RESOURCES CONSERVATION

Amending Act 484 (August 23, 1961) bringing clay mines within the scope (Subsidence Insurance) of the Act, Act of (July 1, 1971), as last revised.

APPENDIX B - PAGE 8

Coal Refuse Disposal Control Act, Act of (September 24, 1968) 52 P.S. 30.51-3066 et seq., as last

"Bituminous Mine Subsidence and Land Conservation Act", Act of (April 27, 1966), 52 P.S. 1406.1 et seq., P.L. 31, as last revised.

Interstate Mining Compact, Act of (May 5, 1966), 52 P.S. 3251 et seq., P.L. 40, as last revised.

"Pennsylvania Anthracite Coal Mine Act", Act of (November 10, 1965), 52 P.S. 70-101 et seq., as last revised. P.L. 721

Act providing funds to alleviate pollution of streams from abandoned coal mines, Act of (December

15, 1965), 35 P.S. 760.1, P.L. 1075, as last revised.

"Coal Mine Subsidence Insurance Fund", Act of (August 23, 1961), as amended, 51 P.S. 3201 et seq., P.L. 1068, as last revised.

"Oil and Gas Conservation Law", Act of (July 25, 1961), 58 P.S. 401 et seq., P.L. 825, as last

Law relating to bituminous coal mines, Act of (July 17, 1961), 52 P.S. 701-101 et seq., P.L. 659, Relating to Subsidence Safety, Anthracite Coal, Act of (September 20, 1961), 52 P.S. 672.1 et seq., P.L. 1538, as last revised.

Relating to Mining in Safety Zones, Act of (December 22, 1959), 52 P.S. 3101 et seq., P.L. 1994, Providing for anthracite mine drainage, Act of (July 7, 1955), 52 P.S. 687 et seq., P.L. 258, as last

"Coal Mine Sealing Act of 1947", Act of (June 30, 1947), 52 P.S. 28.1 et seq., P.L. 1177, as last

PROMOTION OF AMENITIES

Outdoor Advertising Control Act of 1971, Act of (December 15, 1971), 32 P.S. 2718.101 et seq., Regulating Snowmobiles, providing registration and fees, and providing penalties, Act of (August

12, 1971), as last revised.

Providing for roadside landscaping and scenic development Act of (September 27, 1966), 36 P.S.

670-413.1, P.L. 94 , as last revised.

Act restricting the establishment and maintenance of junkyards along highways, Act of (July 28, 1966) 36 P.S. 2719.1 et seq., P.L. 91, as last revised.

00910-021626

APPENDIX B - PAGE 9

Camp Regulation Act, Act of (November 10, 1959), 35 P.S. 3001 et seq., P.L. 1400 , as last revised.

The Fish Law of 1925, Act of (May 2, 1925) P.L. 448 as amended 30 P.S. 1 et seq., as last revised.

Act creating the "Pennsylvania Historical and Museum Commission", Act of (June 6, 1945) P.S.

61, 62, 70, 104, 142, 158, 716; P.L. 1398, as last revised.

Relating to Wildlife land management and research, Act of (June 24, 1939), 34 P.S. 1311.944, P.L.

239, as last revised.

Penal Code, Act of (June 24, 1939) 18 P.S. 4101 et seq., P.L. 872, as amended, as last revised.

Workmen's Compensation Act, Act of (June 21, 1939), 77 P.S. 1 et seq., P.L. 1520, as last revised.

Occupational Disease Act, Act of (June 21, 1939), 77 P.S. 1201 et seq., P.L. 566, as last revised.

The Game Law, Act of (June 3, 1937), 34 P.S. 1311.1 et seq., P.L. 1225, as last revised.

ENVIRONMENTAL, HEALTH AND WELL-BEING

Uniform Standards Code for Mobile Homes, Act 69, May 11, 1972, 35 P.S. 7210-101, as last

Industrial Housing Act, Act 70, May 11, 1972, as last revised.

Pennsylvania Meat and Poultry Hygiene Law of 1968, Act of (July 9, 1968), P.L. 31 P.S. 438.1 et seq., as last revised.

Housing Agency Law, P.L. 1688 (1959), 35 P.S. 1680, 101 et seq., as last revised.

Pennsylvania Pesticide Act of 1957, Act of (1957), 63 P.S. 390-9 P.L. 248, as last revised.

Local Health Administration Law, Act of (August 24, 1951), 16 P.S. 12001 et seq., P.L. 1633, as

Housing and Redevelopment Assistant Law, Act of (May 20, 1949), 35 P.S. 1661 et seq., P.L. 1633, Housing and Redevelopment Assistance Law, Act of (May 20, 1949), 72 P.S. 5860 612, 5860 701, 5860 703; P.L. 579, as last revised.

Pennsylvania Plant Pest Act of 1937, Act of (April 21, 1937), 3 P.L. 214-1 et seq., P.L. 318, as last

APPENDIX B - PAGE 10

General Safety Law, Act of (May 18, 1937), 42 P.S. 25-1 et seq., P.L. 654, as last revised.

Explosives Law, Act of (July 1, 1937), 73 P.S. 151 et seq., P.L. 2681, as last revised.

Milk Sanitation Law, Act of (1935), 31 P.S. 645 to 660g, as last revised.

Requiring permits for sale of mineral, spring or bottled water to protect the public health, Act of

(April 30, 1929), 16 P.S. 9481, as last revised.

Act 247 - 1972; Act 287 - 1974; Federal Occupational Safety and Health Act of 1970, as last revised.

PA DEP rules and regulations

PA DEP Domestic Wastewater Facilities Manual - as last revised

Army Corps of Engineers, Federal requirements

Respective County Erosion and Sediment Control Measures, Rules and Regulations

BUILDINGS – UCC CODE

International Building Code (IBC) - 2021 (amended)

International Residential Code (IRC) – 2021 (amended)

International Mechanical Code (IMC) - 2021

International Plumbing Code (IPC) - 2021

International Existing Building Code (IEBC) – 2021 (amended)

Other Codes included in this Update:

International Fuel Gas Code (IFGC) - 2021

International Performance Code (ICCPC) - 2021

International Fire Code (IFC) – 2021 (amended)

International Energy Conservation Code (IECC) - 2021 (amended)

International Wildland-Urban Interface Code (IWUIC) - 2021

International Swimming Pool and Spa Code (ISPSC) – 2021 (amended)

Electrical Code (NFPA) - 2020

Or as amended by more current uniform building Codes by Municipal Ordinance

APPENDIX B - PAGE 11

DAVIS BACON WAGE RATES

HUD-410

FEDERAL LABOR STANDARDS PROVISIONS

Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1

HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards

A. APPLICABILITY

The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

1. Minimum wages and fringe benefits

i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

ii. Frequently recurring classifications A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:

1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

2. The classification is used in the area by the construction industry; and

3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR

5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.

iii. Conformance A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

2. The classification is used in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

iv. Fringe benefits not expressed as an hourly rate Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

v. Unfunded plans If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met.

The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

mailto:DBAconformance@dol.gov mailto:DBAconformance@dol.gov

2. Withholding

i. Withholding requirements

The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

ii. Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;

B. A contracting agency for its reprocurement costs;

C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;

D. A contractor’s assignee(s);

E. A contractor’s successor(s); or F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

3. Records and certified payrolls

i. Basic record requirements

A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.

ii. Certified payroll requirements A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system

B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker’s Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;

2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf https://or/ https://or/ from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;

and

3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).

E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.

F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

iv Required disclosures and access A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity

i. Apprentices

A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.

C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR 5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.

D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed.

ii Equal employment opportunity The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.

7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29

CFR 5.12.

8 Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.

i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).

ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).

iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;

ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;

iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or

iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.

B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms “laborers and mechanics” include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.