820561padot123366.pdf

PROPOSAL Report - Project 123366

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PROPOSAL REPORT

Project: 123366 Bid

Package: 1

Current Let: 05/07/2026 11:00:00 AM

Version: Current Addendum

Count: 0

District: 03 County: Sullivan

SR/SEC/

Group ID: 42/142/DB ADA RAMPS

Description

2026 Sullivan ADA Upgrade

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TABLE OF CONTENTS

BID PACKAGE SUMMARY

PROJECT ITEMS AND QUANTITIES

SPECIAL PROVISIONS

G7B - a00007 IMPLEMENTATION OF STRIKE-OFF LETTER 481-24-01 G51A - a00051 APPLICABLE DESIGNATED SPECIAL PROVISIONS (STATE) G113B - a00113 CONTRACT PROVISIONS - RIGHT-TO-KNOW LAW D150A - a00150 REVISED CHANGED CONDITION CLAUSE FOR DESIGN BUILD PROJECTS

WITH ADA CURB RAMP ITEMS OF WORK

C164A - a00164 CHANGES TO SPECIFICATIONS: SECTION 106 C166A - a00166 CHANGES TO SPECIFICATIONS: SECTIONS 107 AND 608 C167A - a00167 CHANGES TO SPECIFICATIONS: APPENDIX C—DESIGNATED SPECIAL PROVISIONS and APPENDIX C, DSP 20

G1401A - a01401 EQUAL EMPLOYMENT OPPORTUNITY WITH PREQUALIFICATION G2302A - a02302 Worker Protection and Investment G3401A - a03401 PREVAILING WAGE ACT G3501B - a03501 RECIPROCAL LIMITATIONS ACT REQUIREMENTS FOR CONSTRUCTION G4251A - a04251 UTILITIES--USE WHEN THERE ARE UTILITIES WITHIN THE PROJECT LIMITS

THAT ARE NOT AFFECTED

D29890C - a29890 SPECIAL BIDDING – DESIGN-BUILD D29899A - a29899 QUALITY PLAN WITH QUALITY ASSURANCE REVIEW BY DEPARTMENT -

LOW BID DESIGN

P1061D - b01061 Electronic Submission of Material Certifications through ECMS P1062D - b01062 Electronic Submission of Material Certifications through ECMS for Lump Sum Component items

S6012B - b06012 - SECTION 601.3(f) BACKFILLING TRENCH G30020E - r300020 EMERGENCY RESPONSE PROVISIONS G30240D - r300280 ADVANCE NOTICE OF TRAFFIC RESTRICTIONS G30340C - r300340 NOTICE TO BIDDERS - RIGHT-OF-WAY RESEARCH G30434D - r300434 CONSTRUCTION RESTRICTIONS S30096E - s0306300 SECTION 630 PLAIN CEMENT CONCRETE CURB S30098D - s0306760 SECTION 676 CEMENT CONCRETE SIDEWALKS I30310D - t0309010 ITEM 0901-0001 - MAINTENANCE AND PROTECTION OF TRAFFIC DURING

CONSTRUCTION

00 - t0390007 ITEM 9000-0007 MAINTENANCE AND PROTECTION OF PEDESTRIAN TRAFFIC

DURING CONSTRUCTION

D32200C - t0393000 ITEM 9000-3000 - DESIGN ADA CONCRETE CURB RAMP I70C - t0395000 ITEM 9000-5103 ELECTRONIC TICKETING (E-TICKETING) FOR

CONSTRUCTION CONCRETE

D1B - t0396012 ITEM 9000-6012 – CONSTRUCT CONCRETE CURB RAMPS AND SIDEWALKS

(BY QUADRANT)

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BID PACKAGE SUMMARY

Project: 123366 Bid Package: 1

Project Type: Standard Posted:

Federal Project Status: Non - Federal (100% State) State Type of Work: MISCELLANEOUS

Prequalification Required: Yes Pre-Bid Meeting: None

408 Version: 2026-IE

Scheduled Let: 05/07/2026 11:00:00 AM Project Cost Range: $0.00 - $99,999.99 Anticipated NTP: 06/22/2026 Structure Work: 0.00%

Required Completion: 09/15/2026 Wage Rates: Yes

Description:

The description and location of the project are as follows: Design and construction of ADA ramps, inlet upgrades and other miscellaneous construction, as indicated on the approved drawings included in the bid package: ADA ramps, inlet upgrades and other miscellaneous construction, as indicated on the approved drawings included in the bid package for STATE ROUTE 42, SECTION 142, in SULLIVAN COUNTY, EAGLES MERE borough from approximately 1.9 miles EAST of the intersection of 3009 and 42 at segment 0190 offset 0616 to approximately 2.0 miles EAST of the intersection of 3009 and 42 at segment 0200 offset 1007 and for STATE ROUTE 3007, in SULLIVAN COUNTY, EAGLES MERE borough from approximately 0.2 miles SOUTH of the intersection of 3007 and 42 at segment 0040 offset 0668 to approximately 0.1 miles SOUTH intersection of 3007 and 42 at segment 0040 offset 1668.

Additional Information:

This is an ECMS project. All Addenda will be electronically posted.The location of the public bid opening is the Commonwealth Keystone Building, 7th Floor, Contract Awards Room, 400 North Street, Harrisburg. Allow sufficient time before the bid opening to obtain a visitor pass on the 5th Floor and to be escorted to the 7th Floor Contract Awards Room.

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PROJECT ITEMS AND QUANTITIES

Alt Item Work Class Code Unit Of Measure Quantity Unit Price PDP Spec Prov Add Action

0605-2705 K Each 2.0000 N

ADA COMPLIANT INLET GRATE

0608-0001 X Lump Sum 1.0000 N

MOBILIZATION

0689-0003 X Lump Sum 1.0000 N

CPM SCHEDULE

0690-0001 X Dollar 1,000.0000 $1.00 Y

INTERNAL FACILITATION

0901-0001 Q Lump Sum 1.0000 N Std

MAINTENANCE AND PROTECTION OF TRAFFIC DURING CONSTRUCTION

9000-0007 Q Lump Sum 1.0000 N Proj

MAINTENANCE AND PROTECTION OF PEDESTRIAN TRAFFIC DURING CONSTRUCTION

9000-3000 X Each 6.0000 N Std

DESIGN ADA CONCRETE CURB RAMP

9000-5103 X Lump Sum 1.0000 N Std

ELECTRONIC TICKETING SYSTEM (E-TICKETING) FOR CONSTRUCTION CONCRETE

9000-6012 K Each 6.0000 N Std

CONSTRUCT CONCRETE CURB RAMPS AND SIDEWALKS (BY QUADRANT)

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SPECIAL PROVISIONS

Special Provision: G7B - a00007 IMPLEMENTATION OF STRIKE-OFF LETTER 481-24-01 Addendum:

Action:

Item(s) Associated:

Header:

IMPLEMENTATION OF STRIKE-OFF LETTER 481-24-01

Provision Body:

SECTION 313—SUPERPAVE ASPHALT MIXTURE DESIGN, STANDARD CONSTRUCTION, BASE COURSE

SECTION 413—SUPERPAVE MIXTURE DESIGN, STANDARD AND RPS CONSTRUCTION OF PLANT-MIXED ASPHALT

COURSES WITH PERCENT WITHIN LIMITS AND LTS TESTING (PWL-LTS)

Addition of asphalt mixture design requirements for reduced number of gyrations at Ndesign and performance related physical testing to Publication 408, Section 313 and Section 413, for plant mixed asphalt courses implemented by Strike- Off Letter (SOL) and attachments for SOL 481-24-01 revising Bulletin 27, Chapter 2A, are made a part of the contract documents for this project.

SOL 481-24-01 is available in ECMS under the References tab. ECMS can be accessed at www.ecms.penndot.pa.gov, login as a Business Partner or Guest, and navigate to “References” > “Strike-off Letters”.

Project Specific Details:

Special Provision: G51A - a00051 APPLICABLE DESIGNATED SPECIAL PROVISIONS (STATE) Addendum:

APPLICABLE DESIGNATED SPECIAL PROVISIONS (STATE)

Provision Body:

APPLICABLE DESIGNATED SPECIAL PROVISIONS. The following Designated Special Provisions are found in Appendix C and apply to this bid proposal.

DSP4. Diverse Business (DB) Requirements for Non-Federally Funded Construction Projects.

DSP9. Special Supplement - Anti-Pollution Measures - August 26, 1999.

DSP15. Commonwealth Standard Terms and Conditions.

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Special Provision: G113B - a00113 CONTRACT PROVISIONS - RIGHT-TO-KNOW LAW

CONTRACT PROVISIONS - RIGHT TO KNOW LAW

Provision Body:

I. Contract Provisions – Right to Know Law 8-K-1532

a. The Pennsylvania Right-to-Know Law (RTKL), 65 P.S. §§ 67.101-3104, applies to this Contract.

b. If the Department needs assistance in any matter arising out of the RTKL related to this Contract, the Department will notify the Contractor using the legal contact information provided in this Contract. The Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Department.

c. Upon written notification from the Department that it requires assistance in responding to a request under the RTKL for information related to this Contract that may be in the Contractor’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), the Contractor will:

1. Provide the Department, within 10 calendar days after receipt of written notification, access to, and copies of, any document or information in the Contractor’s possession arising out of this Contract that the Department reasonably believes is Requested Information and may be a public record under the RTKL; and

2. Provide such other assistance as the Department may reasonably request, in order to comply with the RTKL with respect to this Contract.

d. If the Contractor considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Contractor considers exempt from production under the RTKL, notify the Department and provide, within 7 calendar days of receiving the written notification, a written statement signed by a representative of the Contractor explaining why the requested material is exempt from public disclosure under the RTKL.

e. The Department will rely upon the written statement from the Contractor in denying a RTKL request for the Requested Information unless the Department determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the Department determine that the Requested Information is clearly not exempt from disclosure, provide the Requested Information within 7 calendar days of receipt of written notification of the Department’s determination.

f. Failing to provide the Requested Information within the time period required by these provisions, indemnify and hold the Department harmless for any damages, penalties, costs, detriment or harm that the Department may incur as a result of this failure, including any statutory damages assessed against the Department.

g. The Department will reimburse the Contractor for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.

h. The Contractor may file a legal challenge to any Department decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, indemnify the Department for any legal expenses incurred by the Department as a result of such a challenge and hold the Department harmless for any damages, penalties, costs, detriment or harm that the Department may incur as a result of the failure, including any statutory damages assessed against the Department, regardless of the outcome of such legal challenge. As between the parties, agree to waive all rights or remedies that may be available as a result of the Department’s disclosure of Requested information pursuant to the RTKL.

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i. The Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Contract and continue as long as the Requested Information remains in the Contractor's possession.

Special Provision: D150A - a00150 REVISED CHANGED CONDITION CLAUSE FOR DESIGN BUILD

PROJECTS WITH ADA CURB RAMP ITEMS OF WORK

Addendum:

REVISED CHANGED CONDITION CLAUSE FOR DESIGN BUILD PROJECTS WITH ADA CURB RAMP ITEMS OF WORK

(ESTIMATED ITEM QUANTITIES PROVIDED BY THE DEPARTMENT)

Provision Body:

Pursuant to the provisions of 23 CFR 635.109(c), the second bullet point and the last paragraph of the changed condition clause, Section 110.02(d) are not applicable to the following items of work:

(To be filled in by designer, listed below are eligible items of work).

0630-0001 - PLAIN CEMENT CONCRETE CURB

0630-0010 - PLAIN CEMENT CONCRETE CURB, INCLUDING REMOVAL OF EXISTING CURB

4676-0001 - CEMENT CONCRETE SIDEWALK

0695-0001 - DECTECTABLE WARNING SURFACE

DESIGN OF CONCRETE CURB RAMPS

Any changes that result in actual quantities decreasing to below 75% of the original contract quantity or increasing to over 125% of the original contract quantity will NOT be negotiated for a new unit cost. Any changes in quantities to the above items will be paid at the contract unit price.

Special Provision: C164A - a00164 CHANGES TO SPECIFICATIONS: SECTION 106

CHANGES TO SPECIFICATIONS: SECTION 106

Provision Body:

SECTION 106—CONTROL OF MATERIAL

106.10(a) Buy America Provisions. Revise last paragraph to read as follows:

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Products manufactured of foreign steel or iron materials may be used, provided the cumulative cost of such products as they are delivered to the project does not exceed 0.1% of the total contract amount, or $2,500, whichever is greater.

Add 106.11 BUILD AMERICA, BUY AMERICA ACT PROVISIONS.

106.11 BUILD AMERICA, BUY AMERICA ACT PROVISIONS—

(a) Build America, Buy America Act. The Federal Bipartisan Infrastructure Law (Public Law 117-58) includes the Build America, Buy America Act that requires all iron, steel, manufactured products, and construction materials used to be produced in the United States.

The term produced in the United States defined as:

1. Iron or Steel Products. All manufacturing processes from the initial melting stage through the application of coatings occurred in the United States according to Section 106.10(a).

2. Manufactured Product. Final assembly of all manufactured products permanently incorporated into the project must be manufactured in the United States.

2.a A manufactured product, not predominantly steel or iron, is defined as an article, material, or supply that has been processed into a specific form and shape, or combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.

2.b Predominantly steel or iron is defined as greater than or equal to 50 percent of the total cost of the manufactured product.

2.c Manufactured products that are predominantly steel or iron must comply with Buy America provisions according to Section 106.10(a).

2.d If an article, material, or supply meets this definition but could also be classified as an excluded material or other product category, that article, material, or supply is not a manufactured product.

2.e Mixtures of excluded materials delivered to a work site without final form for incorporation into a project are also not manufactured products.

2.f Manufactured products where the final assembly did not occur in the United States may be used, provided the cumulative cost of such manufactured products is no more than the lesser of $1 million or 5% of total applicable costs for the project.

3. Construction Materials.

3.a All manufacturing processes for construction materials occurred in the United States.

3.b Construction materials includes an article, material, or supply that is or consists primarily of:

non-ferrous metals, plastic and polymer-based products including polyvinylchloride, composite building materials, and polymers used in fiber optic cables, glass including optic glass, lumber, or drywall

Items that consist of two or more of the listed materials that have been combined together through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials.

3.c Limitation with Respect to Aggregates. Shall not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.

3.d Construction materials where all manufacturing processes did not occur in the United States may be used, provided the cumulative cost of such construction materials is no more than the lesser of $1 million of 5% of total applicable costs for the project.

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Special Provision: C166A - a00166 CHANGES TO SPECIFICATIONS: SECTIONS 107 AND 608

CHANGE TO SPECIFICATIONS: SECTIONS 107, AND 608

Provision Body:

SECTION 107—LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

Section 107.28 EROSION AND SEDIMENT POLLUTION CONTROL PLANS AND PERMITS. Revise to read as follows:

107.28 EROSION AND SEDIMENT POLLUTION CONTROL PLANS AND PERMITS—Install and maintain erosion and sediment (E&S) pollution control devices as indicated or submit an alternate plan for accomplishing equal or better temporary and permanent erosion and water pollution control. If an alternate plan is submitted, do not start work until the plan is approved by the County Conservation District and the Department. If a National Pollutant Discharge Elimination System (NPDES) Permit is involved, do not start work until the plan is approved by the DEP or the authorized County Conservation District and the Department. Concrete clean out areas, either contractor designed or indicated within the contract documents, are incidental to the contract items.

When a general or individual NPDES Permit is involved:

At the preconstruction conference, submit a Preparedness, Prevention and Contingency (PPC) Plan and identify a licensed professional (Professional Engineer, Geologist, Land Surveyor or Landscape Architect) registered in the Commonwealth and if applicable, their designee to be present onsite and responsible for implementing critical stages of the

Do not start earth disturbance activities until an environmental preconstruction meeting is held with DEP or delegated

CCD.

Within 14 days of completing the construction of a stormwater control measure (SCM) as determined by the licensed professional or designee, submit a completed Chapter 102 SCM Construction Certification Form for each SCM to the Representative through PPCC. Form CS-102 has information required to complete the Chapter 102 Form(s). Ensure the General Project and SCM Information, Construction Information, and Licensed Professional Certification sections are completed by the identified licensed professional responsible for overseeing the critical stages of the approved PCSM plan.

Prepare an as-built (record) PCSM Plan to be sealed and signed by the identified licensed professional registered in the Commonwealth. All construction survey, plan preparation, and engineering required for the as-built (record) PCSM Plan will be incidental to the contract items. The as-built (record) PCSM Plan must accurately reflect deviations from the approved PCSM Plan including, but not limited to, plan locations, dimensions, inverts/elevations, materials used and grading. Update the as-built (record) PCSM Plan as construction of the project’s PCSM features progresses. Have the identified licensed professional immediately notify the Representative of all deviations from the approved PCSM Plan. Deviations to the approved PCSM Plan must be submitted for approval. Assist with the determination and documentation if the as-built deviations require a permit amendment or if the PCSM features must be removed and replaced as indicated on the PCSM Plan.

Assist the Representative in performing visual site inspections weekly and after each precipitation event greater than 0.25 inches to ensure the project's E&S Best Management Practices (BMPs) are functioning properly. Immediately initiate corrective actions, at no additional cost to the Department, upon notification by the Representative of noncompliance with the provisions of this section that the Representative has determined requires immediate corrective action under Department policies. For all other notifications of approved Post Construction Stormwater Management (PCSM) Plan.

March 26, 2026 10:37:29 AM Page 10 of 48 noncompliance, initiate corrective actions within 24 hours. Failure or refusal to promptly comply with such notice upon receipt may, at the Department’s sole discretion, result in: the withholding payment of estimates for work completed until the requirements of the E&S Plan are met, assessment of E&S noncompliance liquidated damages as specified in Section 108.07(d) or issuance of a written order stopping all or part of the work until the corrective action has been taken and the requirements of the E&S Plan are met. No claims for extension of time, costs, or damages arising from, related to, or based upon such notices of noncompliance or stop orders will be granted, paid, or considered.

Nothing in this Section is to be interpreted to relieve the Contractor of its obligation to fully and timely comply with all applicable laws and any permits for the project. The time periods set forth in this Section do not supersede any more stringent time periods required by applicable laws or permits for the project.

If corrective action or noncompliance with the provisions of this Section result from design errors/omissions or a precipitation event exceeding the design storm criteria as specified in applicable Department publications; the cost and/or time required for the performance of the corrective actions for noncompliance notices or stop work orders will be considered as specified in Section 110.03 and Section 108.06, as applicable.

Utilize Department, DEP, or other authorized agency’s form(s) included in the contract or project permits unless directed otherwise by the Representative, DEP, the County Conservation District or other authorized regulatory agency.

For the purpose of determining compliance with the provisions of this section, “substantial completion” will be considered to have been attained when all of the following project milestones have been reached:

Either a semi-final or final inspection has been performed, physical work is complete, and an Environmental Commitments and Mitigation Tracking System (ECMTS) Sheet has been executed if applicable to the project.

Earth disturbance activity has been permanently stabilized and sufficient vegetative growth has been achieved to meet permit conditions (uniform 70% perennial vegetative cover) and agreed to by DEP or delegated CCD.

Installation of PCSM SCMs have occurred if applicable. Upon completion of PCSM conversions and facilities, the County Conservation District must approve the removal of all remaining E&S BMPs.

Once a project with a general or individual NPDES Permit has reached substantial completion, submit to the Representative a DEP Notice of Termination (NOT) Form ensuring Sections 2, 3, 4, 7 and 8, are fully executed. The NOT is to be accompanied by the required as-built (record) PCSM Plan, the final certification by the licensed professional and the Contractor’s executed portion of the ECMTS Construction Tracking Signature Sheet.

608 MOBILIZATION

Section 608.4(b)3. Revise to read as follows:

3. When all physical work has been satisfactorily completed and the following certificates and documents, as required, have been properly furnished, the final payment will be made as specified in Section 608.4(a):

Certified Payroll Records

Final DBE/DB payment amounts and, if necessary, shortfall justification

Material Certifications

Form CS-4225H, Highway Lighting In-Service Guarantee Notification

As built drawings for Design/Build projects

Form RW-397A, Right to Enter (a property) and Release Form from property owner, if applicable

Form CS-4345, Borrow and/or Waste Management

Contractor Evaluations of the design of the project; and

Work Order Information (i.e. Force Account documentation)

Post Construction Stormwater Management As-built drawings and all documentation required for submission of the Notice of Termination for projects with NPDES permits.

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Special Provision: C167A - a00167 CHANGES TO SPECIFICATIONS: APPENDIX C—DESIGNATED SPECIAL PROVISIONS and APPENDIX C, DSP 20

Addendum:

CHANGES TO SPECIFICATIONS : APPENDIX C—DESIGNATED SPECIAL PROVISIONS and APPENDIX C, DSP 20

Provision Body:

APPENDIX C—DESIGNATED SPECIAL PROVISIONS. Revise to read as follows:

APPENDIX C

DESIGNATED SPECIAL PROVISIONS

General: This appendix to Publication 408 contains standard required provisions. The Contractor shall comply with the below appendices, as applicable.

Standard Documents: Designated Special Provisions (DSPs) that are referenced in this Appendix are:

DSP4. Diverse Business (DB) Requirements for Non-Federally Funded Construction Projects. This provision is applicable to contracts funded with state funds, without federal funds.

DSP7. Disadvantaged Business Enterprise (DBE) Requirements for Federally-funded Construction Projects. This provision is applicable to any Federally-funded (in part or whole) contract for a construction project.

DSP8. F. A. R.—Required Contract Provisions Federal-Aid Construction Contracts – FHWA-1273 (Revised October 23, 2023). See attachments to the Proposal. This provision is applicable to any federally funded (in part or whole) contract for a construction project.

DSP9. Special Supplement—Anti-Pollution Measures – August 26, 1999. This provision is applicable to all contracts.

DSP12. Executive Order 11246, with Appendices A and B. This provision is applicable to contracts with federal funds (in part or whole).

DSP13. Buy America. This provision is applicable to contracts with federal funds (in part or whole, and to state-funded projects when any federal funds were allocated at any phase of the work on the overall-project but not under the current contract (for example, design), even if the construction contract is 100% state-funded.

DSP15. Commonwealth Standard Terms and Conditions. This provision is applicable to all contracts.

DSP16. Lobbying Certification Form. This provision is applicable to contracts with federal funds and a contract amount $100,000 or greater. If applicable, the Contractor shall complete this form and return it to PennDOT during contract execution. (Form is located in ECMS File Cabinet and must be completed and uploaded to the Contractor Checklist in ECMS).

DSP17. Federal Audit Clause. This provision is applicable to contracts with federal funds. As used in this DSP, “[Name of Subrecipient]” refers to the Contractor.

DSP19. The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances. This provision is applicable to contracts with federal funds. The Contractor’s signature on an agreement will be deemed a signature on this exhibit.

As used in this DSP, the term “Subrecipient” refers to the Contractor.

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DSP20. FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act- Covered Foreign Entities. This provision is applicable to contracts with federal funds (in part or whole).

APPENDIX C—DESIGNATED SPECIAL PROVISION 20 (DSP20) FAR 52.240-1 - PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED BY AMERICAN SECURITY DRONE ACT-COVERED FOREIGN ENTITIES (NOV 2024). Revise to read as follows:

APPENDIX C

DESIGNATED SPECIAL PROVISION 20 (DSP20)

FAR 52.240-1 -PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED

BY AMERICAN SECURITY DRONE ACT-COVERED FOREIGN ENTITIES (NOV 2024)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibition. The Contractor is prohibited from—

(1) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.);

(2) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.); and

(3) On or after December 22, 2025, using Federal funds for the procurement or operation of a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(c) Procedures. The Contractor shall search SAM at https://www.sam.gov for the FASC-maintained list of American Security Drone Act-covered foreign entities prior to proposing, or using in performance of the contract, any unmanned aircraft system. Additionally, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(d) Exemptions, exceptions, and waivers. The prohibitions in this clause do not apply where the agency has determined an exemption, exception, or waiver applies and the contract indicates that such a determination has been made. [See sections 1823 through 1825 and 1832 of Public Law 118-31 (41 U.S.C. 3901 note prec.) for statutory requirements pertaining to exemptions, exceptions, and waivers.].

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

Special Provision: G1401A - a01401 EQUAL EMPLOYMENT OPPORTUNITY WITH

PREQUALIFICATION

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Addendum:

EQUAL EMPLOYMENT OPPORTUNITY WITH PREQUALIFICATION.

Provision Body:

I. The Contractor's Prequalification Statement together with any approved revisions or amendments will constitute an approved Affirmative Action Program and is hereby incorporated in this contract by reference.

II. Insert all advertisements for employees in connection with this contract in newspapers having a large circulation in the area of the construction work among minority groups. Include, but do not limit to, such newspapers as listed below:

Philadelphia Afro-American, 427 S. Broad St., Philadelphia, PA 19147

Philadelphia Tribune, 522 S. 16th St., Philadelphia, PA 19146

Pittsburgh Courier, 315 E. Carson St., Pittsburgh, PA 15219

III. Conduct and direct systematic recruitment of employees in connection with this contract through public and private employee referral sources likely to yield qualified minority group applicants, including but not limited to the schools, colleges, and minority group organizations listed below:

Cheyney University, Chester & Creek Roads, Cheyney, PA 19319

Lincoln University, Oxford, PA 19352

California University, California, PA 15419

West Chester University, West Chester, PA

NAACP, Labor and Industry Committees

Community Action Centers

O.I.C. Technical and Vocational Schools

Black Community Centers

Black Ministers

CORE

Special Provision: G2302A - a02302 Worker Protection and Investment

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Header:

Worker Protection and Investment

Provision Body:

In accordance with the Governor’s Executive Order 2021-06, Worker Protection and Investment, contractors and grantees of the Commonwealth must certify they are in compliance with Pennsylvania’s Unemployment Compensation Law, Worker’s Compensation Law, and all applicable Pennsylvania state labor and workforce safety laws including, but not limited to:

Construction Workplace Misclassification Act Employment of Minors Child Labor Act Minimum Wage Act Prevailing Wage Act Equal Pay Law Employer to Pay Employment Medical Examination Fee Act Seasonal Farm Labor Act Wage Payment and Collection Law Industrial Homework Law Construction Industry Employee Verification Act Act 102: Prohibition on Excessive Overtime in healthcare Apprenticeship and Training Act Inspection of Employment Records Law

To ensure compliance with these statutes, Contractors and Grantees are required to submit the Worker Protection and Investment Certification Form (BOP-2201) in response to all ECMS procurement solicitations. The form is available in the ECMS File Cabinet (in References Tab). If assistance with the Form is needed, contact the ECMS Help Desk at 855-783-8330 or at 717- 783-8330. ECMS Help Desk assistance is available 24 hours a day, 7 days a week.

This form must be completed for the Prime Contractor and all subcontractors and/or services.

The Prime Contractor must email the completed BOP-2201 Form to workprotect@pa.gov or fax the Form to 717-265-7207, signed by an authorized representative of the Contractor, possessing sufficient knowledge to make the representations and certifications on the BOP-2201 Form by 3:00 P.M. prevailing local time within 7 calendar days after the bid opening. When the seventh (7th) calendar day after the bid opening falls on a day that the Department offices are closed, submit the BOP-2201 Form by 3:00 P.M. prevailing local time on the next business day. Failure or refusal to provide the BOP-2201 Form, or inclusion on any Pennsylvania Department of Labor and Industry Worker Protection and Labor Law Non-Compliance List, will be considered a refusal to comply with bidding requirements and may result in rejection of the bid, and other appropriate consequences.

For Subcontractors/Services, the completed BOP-2201 Form must be attached with the Public Works Verification Act form and submitted in ECMS before a subcontractor request can be approved. A subcontractor/service identified on any Pennsylvania Department of Labor and Industry Worker Protection and Labor Law Non-Compliance List will not be approved.

The Pennsylvania Department of Labor and Industry has created a public list of businesses that have been found to be non-compliant with Pennsylvania state labor and workforce safety law which will be published on its public-facing website. The link to the Department of Labor and Industry’s website is: www.dli.pa.gov/Pages/Non-Compliance-List.aspx.

Questions regarding inclusion on the list should be directed to the appropriate bureau with the Department of Labor and Industry.

Special Provision: G3401A - a03401 PREVAILING WAGE ACT

Action:

mailto:workprotect@pa.gov http://www.dli.pa.gov/Pages/Non-Compliance-List.aspx

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PREVAILING WAGE ACT

Provision Body:

Submit bids on this project in compliance with the Pennsylvania Prevailing Wage Act, as specified in Section 107.22. If that Act or any portion thereof is finally determined by a court to be invalid and unenforceable, any savings realized by the Contractor as a result of such invalidation accrue to the benefit of the Department or its designee. The prospective bidder agrees, by submitting this bid, to make payroll records available for audit by the Department. In the event that the bidder fails to afford the Department or its designee the benefit of any savings realized under this paragraph the Department will have the right to withhold payments from this or any other contract in an amount equal to the savings realized plus interest.

Special Provision: G3501B - a03501 RECIPROCAL LIMITATIONS ACT REQUIREMENTS FOR

CONSTRUCTION

Addendum:

RECIPROCAL LIMITATIONS ACT REQUIREMENTS FOR CONSTRUCTION

Provision Body:

I. REQUIREMENTS AND DISCRIMINATING STATES -

(a) States Which Apply Preference Favoring In-State Bidders. The Reciprocal Limitations Act, Act 146 of 1986, requires the Commonwealth agencies to give resident bidders a preference against a nonresident bidder from any state that gives or requires a preference to bidders from that state. The amount of the preference will be equal to the amount of the preference applied by the state of the nonresident bidder. The following is a list of the states which have been found by the Commonwealth agencies to have applied a preference for in-state bidders and the amount of the preference:

STATE PREFERENCE

1. Arizona 5% (construction materials from Arizona resident dealers only)

2. Montana 3%

3. Wyoming 5%

(b) States Which Prohibit Use of Out-of-State Goods, Supplies, Equipment, or Materials. The Reciprocal Limitations Act also requires that the Commonwealth agencies not specify, use, or purchase any goods, supplies, equipment, or materials which are produced, manufactured, mined, or grown in any state that prohibits the specification, use, or purchase of such items in or on its public buildings or other works, when such items are not produced, manufactured, mined, or grown in that state. The following is a list of the states which have been found by the Commonwealth agencies to have prohibited the use of out-of-state goods, supplies, equipment, materials, or bidders and the type of prohibition:

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STATE PROHIBITION

1. Georgia Forest Products Only

2. New Mexico Construction

3. New Jersey Chain Link Fence, Portable Sanitation Units, Storage Batteries, Hardware Supplies, Fasteners, Lumber, Building Supplies

If a bid discloses that the bidder is offering to supply the above listed products from the states listed above, it will be rejected.

Contractors are prohibited from supplying these items from these states.

II. CALCULATION OF PREFERENCE -

In calculating the preference, the amount of a bid submitted by a Pennsylvania resident bidder will be reduced by the percentage preference which would be given to a nonresident bidder by its state of residency, only for the purpose of determining the apparent low bidder.

III. FOREST OR LUMBER PRODUCTS -

If the project requires the Contractor to provide forest or lumber products for the construction of the project, certify that the lumber or forest products which will be provided were not grown or harvested in a state or foreign country listed in paragraph I.(b) above.

Failure to certify, may result in the rejection of the bid.

Special Provision: G4251A - a04251 UTILITIES--USE WHEN THERE ARE UTILITIES WITHIN THE

PROJECT LIMITS THAT ARE NOT AFFECTED

Addendum:

UTILITIES--USE WHEN THERE ARE UTILITIES WITHIN THE PROJECT LIMITS THAT ARE NOT AFFECTED BY THE PROJECT

SCOPE OF WORK

Provision Body:

Utilities within the project limits are not affected by the scope of work defined for this project. Although no adjustments or relocations are anticipated, identify and coordinate with utilities and/or municipalities within the limits of work. Arrange for field location markings of these facilities before performing any excavation, drilling, and/or driving.

Special Provision: D29890C - a29890 SPECIAL BIDDING – DESIGN-BUILD

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Header:

SPECIAL BIDDING – DESIGN-BUILD

Provision Body:

This project will utilize the Low Bid Design-Build method of contracting. The contract for this project will be between the Department and the successful Bidder.

I. ACTIONS REQUIRED BY THE BIDDER AT THE BIDDING STAGE AND BEFORE AWARD

When signing and submitting the bid, the Bidder is required to certify the following for all professional service firms (firms) performing activities listed in Section IV – Design Activities:

that, if applicable, the Bidder either (a) has obtained assurance that all firms being used have no adverse interests as defined in the State Adverse Interest Act and fully comply with this Special Provision or (b) has faxed a letter to the Contract Awards Officer at (717) 705-1504 disclosing any potential conflicts;

that, if applicable, the Bidder (a) has obtained assurance that all firms being used have no organizational conflicts of interests and fully comply with this Special Provision or (b) has faxed a letter to the Contract Awards Officer at (717) 705-1504 disclosing any potential conflicts;

that, if applicable, the Bidder (a) has obtained assurance that all firms being used have fully complied with Section III of this Special Provision or (b) will email or fax a completed "Request for Consideration of Professional Services Involvement Restrictions" form to the District Project Manager indicated in the Section V - Review Submission Contacts of this Special Provision; and that, if applicable, the Bidder has obtained assurance that all firms being used are familiar with the necessary AASHTO, PennDOT, and other applicable design criteria, standards, and construction specifications required to complete the related portion of their associated work.

State Adverse Interest Act – Where required, fully disclose any potential conflict with the State Adverse Interest Act as State Advisor or State Consultant. If there is no adverse interest, certify as such.

Organizational Conflict of Interest – Where required, fully disclose all relevant facts concerning any past, present, or currently planned interests that may present an Organizational Conflict of Interest. This disclosure must state how their interests or those of their chief executives, directors, key project personnel, or any proposed firm could be viewed as, an Organizational Conflict of Interest. If there is no Organizational Conflict of Interest, certify as such. Note: An Organizational Conflict of Interest is defined in 23 CFR 636 as a conflict “that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the owner, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.”

Professional Services Involvement Restrictions – Where required, indicate that involvement in such firms can be avoided, neutralized, or mitigated by completing the following:

present these involvements on the "Request for Consideration for Professional Services Involvement Restrictions" form, located in ECMS File Cabinet (in the References Tab); and email or fax this form immediately upon ECMS email notification of apparent low bidder status to the District Project Manager indicated in Section V – Review Submission Contacts of this Special Provision.

The District Project Manager will notify the apparent low bidder of the result.

II. ACTION TO BE TAKEN BY THE BIDDER AFTER AWARD

Design Activity Firm Identification and Qualifications

The awarded bidder is required to complete the form, “Design-Build Design Activities Firm Identification and Qualifications”. This form is located in ECMS File Cabinet (in the References Tab).

Email or fax the completed form to the District Project Manager indicated in the Section V - Review Submission Contacts of this Special Provision within 3 calendar days after the award of the contract.

Include on this form the name and design activity performed by each firm performing activities listed in Section IV Design Activities of this Special Provision. Include with this form resumes for the:

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Lead Design Engineer Project Manager;

Quality Control (QC) Manager and Alternate QC Manager;

Quality Assurance (QA) Manager (if applicable) and Alternate QA Manager; and Secondary Design Services Professionals (if applicable) Project Manager.

These resumes should show the experience and expertise required by the project special provisions for the applicable design activities listed in Section IV – Design Activities of this Special Provision. At a minimum, these resumes should show experience and expertise during the last 7 years, of two similar projects of comparable complexity on Pennsylvania's State Highway, Pennsylvania Turnpike, or local system. Non-Turnpike projects must have been funded with Federal Aid Highway Funds. Also, include an affidavit stating that the Lead Design Engineer is familiar with AASHTO, the Department, and other applicable design criteria, standards, and construction specifications. Additional design qualifications may be listed in other Design-Build Special Provisions included in this Contract.

All engineering firms must have a current Annual Qualification Package on file with the Bureau of Project Delivery's Contract Management Section and be registered business partners in ECMS. In addition, engineering firms’ business partner relationship in ECMS must include both Consultant and Construction Contractor relationships. The ECMS USER ID security must include Construction Contractor security groups such as "Contractor Principal." Firms must be listed as a Prequalification Exempt Service Provider in the subcontractor database with the Department’s Prequalification Office. These requirements also apply to all subconsultants, including Disadvantaged Business Enterprises, Minority Business Enterprises, and Women-Owned Business Enterprises.

For projects that include Right-of-Way Acquisition services, the right-of-way firm must be pre-approved to provide Right-of-Way Acquisition Services through ECMS.

All firms must comply with the restrictions listed in 23 CFR 636.116 titled What organizational conflict of interest requirements apply to design-build projects?

If a firm included in the submission does not meet the necessary requirements indicated in this Special Provision and in the project special provisions for the applicable design activities listed in Section IV – Design Activities of this Special Provision, the Department reserves the right to disallow the firm for this contract. Firms identified on a "Request for Consideration for Professional Services Involvement Restrictions" form that has been submitted but not approved will be disallowed. A notification will be given to the Contractor within 8 calendar days from the time and date of submission indicating the Department approval or disallowance, and justification thereof, of each firm listed on the “Design-Build Design Activities Firm Identification and Qualifications” form. A firm cannot begin work on this contract until approval is received from the Department. Unless indicated otherwise by the Department in writing, the disapproval of any firm will not allow the extension of the contract completion date or price adjustments to any items in the contract.

III. PROFESSIONAL SERVICES INVOLVEMENT RESTRICTIONS

All firms performing activities listed in Section IV – Design Activities of this Special Provision must be in compliance with the following paragraphs and the Professional Services Involvement Restrictions – Design Activities of this Special Provision for Design-Build Contracts charts [Table A and Table B].

Any Consultant that provided or is providing any design work and services to the Department for the preparation of this design-build bid package will not be eligible to provide any design work and services to the Contractor for the design-build contract.

Any Consultant performing design work or services to the Contractor for this design-build contract, such as Lead Design Engineer, Quality Control Reviewer, Secondary Design Service Professionals, or Quality Assurance Reviewer (if applicable), is not eligible for any involvement under a Department Agreement on that contract.

DEFINITIONS:

PRIME CONSULTANT (Department agreement) – The contractual party providing design consultant work and services pursuant to an Agreement with the Department. The Consultant may be an individual, partnership, corporation, or joint venture.

SUB-CONSULTANT (Department agreement) - The party providing design work and services to the Prime Consultant (which is providing consultant work and services pursuant to an agreement with the Commonwealth) pursuant to an agreement with the Prime Consultant to which the Department is not a party.

LEAD DESIGN ENGINEER (LDE) (design-build contract) – The design consultant engineering firm or Contractor’s personnel that are responsible for the design portion of the design-build contract.

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QUALITY CONTROL REVIEWER (QC-R) (design-build contract) - The design consultant engineering firm or individuals that are responsible to manage the quality control of the design-build contract, including the Quality Control Manager and the Alternate Quality Control Manager. The design Quality Control Reviewer is allowed to be the same firm as the Lead Design Engineer.

QUALITY ASSURANCE REVIEWER (QA-R) (Department agreement or design-build contract, if applicable)– The design consultant engineering firm or individuals functioning as Department and FHWA (as appropriate) representatives who check the validity of the Contractor’s Quality Plan to ensure all work is done in accordance with the contract documents. Quality Assurance Reviewer may be Department and/or FHWA personnel, consultants under a Department agreement, or a firm providing design services to the design-build Contractor (if included as a design activity in Section IV Design Activities of this Special Provision, as “Quality Assurance by Peer Review). The Quality Assurance Reviewer may not be the same firm as the Contractor, the Lead Design Engineer, or the Quality Control Reviewer.

SECONDARY DESIGN SERVICE PROFESSIONALS (SDSP) (design-build contract)– Other design consultant engineering firms or professional service firms providing professional services to the design-build Contractor beyond roles of Lead Design Engineer or design Quality Control Reviewer.

PROFESSIONAL SERVICES INVOLVEMENT RESTRICTIONS - DESIGN ACTIVITIES FOR DESIGN-BUILD CONTRACTS:

TABLE A: INVOLVEMENT AS PRIME OR SUB CONSULTANT TO THE DEPARTMENT

PROJECT INVOLVEMENT

(Prime Consultant/Sub-consultant in Department Agreement)

DESIGN ACTIVITY RESTRICTIONS

Feasibility Studies, Traffic Studies, Mapping Services No restrictions if no recommendations to the Department made by the Consultant

Preliminary Engineering, Preliminary Engineering Constructability Reviews, and Environmental Studies Anticipating a CEE

Not eligible to perform any design work or services to the Contractor for the design-build contract.

Exception (1) – See “Sub-consultant Exception” below.

Preliminary Engineering, Preliminary Engineering Constructability Reviews, and Environmental Studies Anticipating an EA/ EIS

Not eligible to perform any design work or services to the Contractor for the design-build contract.

Exception (1) – See “Sub-consultant Exception” below.

Conceptual Design / Bid Package Preparation for Design-Build Project

Not eligible to perform any design work or services to the Contractor for the design-build contract.

Exception (1) – See “Sub-consultant Exception” below.

Final Design Not eligible to perform any design work or services to the Contractor for the design-build contract.

Preliminary Engineering-Design Management, Review

Note: This includes consultants performing reviews…