828666padot118671.pdf
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- Attached to
- SR 770 Roadway and Slope Stability
- Solicitation number
- 118671
- Issued by
- Mercer County, Pennsylvania
About this file
This is a Proposal Report for a Pennsylvania Department of Transportation (PennDOT) highway construction project located on State Route 0770 in McKean County, Bradford Township. The project involves remediation of an existing fill embankment slide through construction of a rock buttress, along with minor roadway, drainage, and guide rail improvements over approximately 375 feet (0.07 mile) of roadway from Station 1504+75.00 to Station 1510+50.00. The project is scheduled for public bid opening on July 2, 2026, at 11:00 AM at the Commonwealth Keystone Building in Harrisburg, Pennsylvania. The anticipated Notice to Proceed (NTP) is August 17, 2026, with a required completion date of October 30, 2026. Key contract items include clearing and grubbing (lump sum), Class 1 excavation (8,359 cubic yards), selected borrow excavation rock in multiple classifications (11,078 tons total), geotextile installation (4,091 square yards), superpave asphalt mixture design courses (1,041 square yards), thermoplastic pipe installation (260 linear feet), guide rail work (363 linear feet), erosion control measures, seeding and soil supplements, traffic control, and construction surveying. Prequalification is required for bidders.
The project is estimated at $1,000,000 to $2,499,999.99 and is classified as a federally-funded, non-NHS project with PennDOT oversight. Wage rates apply, and no DBE (Disadvantaged Business Enterprise) percentage requirement is specified for this contract. The project is subject to multiple federal provisions including Buy America requirements, Build America, Buy America Act compliance, Executive Order 11246, FAR provisions, NPDES permit requirements, and specific prohibitions on unmanned aircraft systems manufactured by American Security Drone Act-covered foreign entities. Road User Liquidated Damages (RULD) of $5,000 per day are assessed if the detour is not removed and traffic is not open to unrestricted traffic within 35 calendar days of implementation or by October 14, 2026, whichever occurs first. All material certifications must be submitted electronically through ECMS using DocuSign PDF forms, and contractors must submit Worker Protection and Investment Certification Forms (BOP-2201) within 7 calendar days of bid opening. The contract includes provisions for electronic ticketing for construction aggregate, ride quality incentives for asphalt and concrete pavement, and comprehensive erosion and sediment pollution control requirements with potential liquidated damages for non-compliance.
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PROPOSAL Report - Project 118671
May 22, 2026 08:36:10 AM Page 1 of 40
PROPOSAL REPORT
Project: 118671 Bid
Package: 1
Current Let: 07/02/2026 11:00:00 AM
Version: Current Addendum
Count: 0
District: 02 County: Mckean
SR/SEC/
Group ID: 770/545/---
Description
SR 770 Roadway and Slope Stability
May 22, 2026 08:36:10 AM Page 2 of 40
TABLE OF CONTENTS
BID PACKAGE SUMMARY
PROJECT ITEMS AND QUANTITIES
SPECIAL PROVISIONS
G50B - a00050 APPLICABLE DESIGNATED SPECIAL PROVISIONS (FEDERAL) G113B - a00113 CONTRACT PROVISIONS - RIGHT-TO-KNOW LAW G311A - a00311 ROAD USER LIQUIDATED DAMAGES (RULD) G401A - a00401 ADVANCE NOTICE OF TRAFFIC RESTRICTIONS G901B - a00901 ALTERNATE EROSION AND SEDIMENT POLLUTION CONTROL PLAN G1101B - a01101 CONSTRUCTION PROCEDURES - EROSION AND SEDIMENT POLLUTION
CONTROL
G1601A - a01601 E.E.O. COVERED AREA G2302A - a02302 Worker Protection and Investment C164A - a07000 CHANGES TO SPECIFICATIONS: SECTION 106 C166A - a07010 CHANGES TO SPECIFICATIONS: SECTIONS 107 AND 608 C168A - a07020 CHANGES TO SPECIFICATIONS: SECTIONS 110, 404, AND 507 C169A - a07030 CHANGES TO SPECIFICATIONS: SECTION 419 C167A - a07040 CHANGES TO SPECIFICATIONS: APPENDIX C—DESIGNATED SPECIAL PROVISIONS and APPENDIX C, DSP 20
G100B - a14200 CONSTRUCTION RESTRICTIONS DUE TO AREA SPECIAL EVENTS N606A - a14300 GRADE TOLERANCES FOR MISCELLANEOUS STRUCTURES P1061D - b01061 Electronic Submission of Material Certifications through ECMS P1062D - b01062 Electronic Submission of Material Certifications through ECMS for Lump Sum Component items
S3099C - b03099 SECTION 313/413 - SUPERPAVE MIXTURE DESIGN S6012B - b06012 - SECTION 601.3(f) BACKFILLING TRENCH S6092B - b06092-SECTION 609.2(f) MISCELLANEOUS MATERIALS 00 - c00100 ITEM 4205-0363/0364 - SELECTED BORROW EXCAVATION ROCK, MODIFIED I6091L - c00200 ITEM 0609-0009 EQUIPMENT PACKAGE 00 - c00300 ITEM 9000-0087 - TYPE S CONCRETE TOP UNIT WITH UPSTREAM BAR GRATE 00 - c00400 ITEM 9000-0090 - STANDARD INLET BOX, HEIGHT < /= 10', INCLUDES WEEP
HOLES, EXC., BACKFILL
00 - c00500 ITEM 9000-1051 - CASING PIPE FOR UTILITY POLE RELOCATIONS I68C - c00600 ITEM 9000-5101 ELECTRONIC TICKETING (E-TICKETING) FOR CONSTRUCTION
AGGREGATE
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BID PACKAGE SUMMARY
Project: 118671 Bid Package: 1
Project Type: Standard Posted:
Federal Project Status: PENNDOT Oversight Non-NHS State Type of Work: MISCELLANEOUS
Prequalification Required: Yes Pre-Bid Meeting: None
408 Version: 2026-IE
Scheduled Let: 07/02/2026 11:00:00 AM Project Cost Range: $1,000,000.00 - $2,499,999.99 Anticipated NTP: 08/17/2026 Structure Work: 0.00%
Required Completion: 10/30/2026 DBE: 0% Wage Rates: Yes
Description:
The description and location of the project is as follows: For the slope improvement of a certain section of STATE ROUTE in MCKEAN COUNTY, BRADFORD TOWNSHIP, Commonwealth of Pennsylvania, SR 0770, SECTION 545. The project being situated as follows:On SR 0770 from Station 1504+75.00 to Station 1510+50.00 (segment 0120 offset 0278 to segment 0120 offset 0853).This project is to remediate the existing fill embankment slide with the construction of a rock buttress. Work will also include minor roadway, drainage, and guide rail improvements, as well as other miscellaneous construction for a total construction length of approximately 375 feet (0.07 mile) as indicated on the approved drawings included in the bid package.
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
0201-0001 A Lump Sum 1.0000 N
CLEARING AND GRUBBING
0203-0001 C Cubic Yard 8,359.0000 N
CLASS 1 EXCAVATION
0203-0006 G4 Linear Foot 52.0000 N
SAW CUTTING
0205-0263 C1 Cubic Yard 10.0000 N
SELECTED BORROW EXCAVATION ROCK, CLASS R-3
4205-0363 C1 Ton 1,226.0000 N Proj
SELECTED BORROW EXCAVATION ROCK, CLASS R-3 MODIFIED
4205-0364 C1 Ton 9,852.0000 N Proj
SELECTED BORROW EXCAVATION ROCK, CLASS R-4 MODIFIED
0212-0001 C3, H, M2 Linear Foot 91.0000 N
GEOTEXTILE, CLASS 1
0212-0014 C3, H, M2 Square Yard 4,091.0000 N
GEOTEXTILE, CLASS 4, TYPE A
0313-0128 E Square Yard 1,041.0000 N SUPERPAVE ASPHALT MIXTURE DESIGN, BASE COURSE, PG 58S-28, 0.3 TO < 3 MILLION ESALs, 25.0 MM MIX, 7" DEPTH
0350-0107 C, E Square Yard 1,041.0000 N
SUBBASE 7" DEPTH (NO. 2A)
0413-0091 F Square Yard 1,041.0000 N
SUPERPAVE ASPHALT MIXTURE DESIGN, WEARING COURSE, PG 58S-28, 0.3 TO < 3 MILLION ESALS, 9.5 MM MIX, 1 1/2"
DEPTH, SRL-M
0413-6015 F Square Yard 1,041.0000 N
SUPERPAVE ASPHALT MIXTURE DESIGN, BINDER COURSE, PG 58S-28, 0.3 TO < 3 MILLION ESALS, 19.0 MM MIX, 2 1/2"
DEPTH
0460-0003 F4 Square Yard 2,082.0000 N
ASPHALT TACK COAT (NTT/CNTT)
0601-0355 H Linear Foot 50.0000 N
24" THERMOPLASTIC PIPE, GROUP III, 8'-2' FILL
0604-0353 H Linear Foot 210.0000 N
18" PERFORATED THERMOPLASTIC PIPE, GROUP IIIP, 8'-2' FILL
0608-0001 X Lump Sum 1.0000 N
MOBILIZATION
0609-0004 X Lump Sum 1.0000 N
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INSPECTOR'S FIELD OFFICE AND INSPECTION FACILITIES, TYPE C
0609-0009 X Lump Sum 1.0000 N Std
EQUIPMENT PACKAGE
0610-7002 H2 Linear Foot 91.0000 N
6" PAVEMENT BASE DRAIN
0616-0020 H Each 1.0000 N
STEEL END SECTION, METALLIC COATED, 14 GAGE FOR 24" PIPE
0620-0503 C1, J Linear Foot 363.0000 N
REMOVE EXISTING GUIDE RAIL (CONTRACTOR'S PROPERTY)
0620-1600 J Linear Foot 363.0000 N
TYPE 31-S GUIDE RAIL
0686-0030 X Lump Sum 1.0000 N
CONSTRUCTION SURVEYING, TYPE B, MODIFIED
0689-0003 X Lump Sum 1.0000 N
CPM SCHEDULE
0690-0001 X Dollar 1,000.0000 $1.00 Y
INTERNAL FACILITATION
0804-0027 M3 Pound 21.0000 N
SEEDING AND SOIL SUPPLEMENTS - FORMULA L CLEAR ZONE MIX, INCLUDING MULCH
0804-0028 M3 Pound 12.0000 N
SEEDING AND SOIL SUPPLEMENTS - FORMULA N CONSERVATION MIX, INCLUDING MULCH
0804-0032 M3 Pound 12.0000 N
SEEDING - FORMULA T TEMPORARY GRASS MIX, INCLUDING MULCH
0806-0113 M2 Square Yard 1,900.0000 N
TEMPORARY SHORT-TERM, ROLLED EROSION CONTROL PRODUCT, TYPE 2D
0851-0003 C1 Square Yard 45.0000 N
ROCK APRON
0860-0001 M2 Each 4.0000 N
INLET FILTER BAG FOR TYPE S INLET
0867-0032 C1, H, M2 Linear Foot 352.0000 N
COMPOST FILTER SOCK, 32" DIAMETER
0901-0001 Q Lump Sum 1.0000 N
MAINTENANCE AND PROTECTION OF TRAFFIC DURING CONSTRUCTION
0901-0231 Q Day 35.0000 N
ADDITIONAL WARNING LIGHTS, TYPE B
0901-0240 Q, R Square Foot 100.0000 N
ADDITIONAL TRAFFIC CONTROL SIGNS
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0901-0461 Q Each 2.0000 N
FULL-MATRIX CHANGEABLE MESSAGE SIGN WITHOUT TELECOMMUNICATIONS
0937-0106 J, R Each 5.0000 N
GUIDE RAIL MOUNTED DELINEATOR TYPE B, (W/B)
0937-0339 R Each 4.0000 N FLEXIBLE DELINEATOR POST, GROUND-MOUNT TYPE GM-2, RED POST WITH WHITE/BLANK SHEETING
0962-1000 O Linear Foot 650.0000 N
4" WHITE WATERBORNE PAVEMENT MARKINGS
0962-1005 O Linear Foot 650.0000 N
4" YELLOW WATERBORNE PAVEMENT MARKINGS
9000-0087 K Set 4.0000 N Proj
TYPE S CONCRETE TOP UNIT WITH UPSTREAM BAR GRATE
9000-0090 K Each 4.0000 N Proj STANDARD INLET BOX, HEIGHT < /= 10', INCLUDES WEEP HOLES, EXCAVATION, BACKFILL & SEED AND MULCH
9000-1051 C1 Linear Foot 12.0000 N Proj
CASING PIPE FOR UTILITY POLE RELOCATIONS
9000-5101 X Lump Sum 1.0000 N Std
ELECTRONIC TICKETING (E-TICKETING) FOR CONSTRUCTION AGGREGRATE
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SPECIAL PROVISIONS
Special Provision: G50B - a00050 APPLICABLE DESIGNATED SPECIAL PROVISIONS (FEDERAL) Addendum:
Action:
Item(s) Associated:
Header:
APPLICABLE DESIGNATED SPECIAL PROVISIONS (FEDERAL)
Provision Body:
APPLICABLE DESIGNATED SPECIAL PROVISIONS. The following Designated Special Provisions are found in Appendix C and apply to this bid proposal.
DSP7. Disadvantaged Business Enterprise (DBE) Requirements for Federally-funded Construction Projects.
DSP8. F.A.R. - Required Contract Provisions Federal-Aid Construction Contracts FHWA-1273 (Revised October 23, 2023). Also attached to the Proposal/Contract.
DSP9. Special Supplement - Anti-Pollution Measures - August 26, 1999.
DSP12. Executive Order 11246, with Appendix A and B.
DSP13. Buy America.
DSP15. Commonwealth Standard Terms and Conditions.
DSP16. Lobbying Certification Form. (Form is located in ECMS File Cabinet and must be completed and uploaded to the Contractor Checklist in ECMS).
DSP17. Federal Audit Clause.
DSP19. The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances.
DSP20. FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act- Covered Foreign Entities.
Project Specific Details:
Special Provision: G113B - a00113 CONTRACT PROVISIONS - RIGHT-TO-KNOW LAW Addendum:
CONTRACT PROVISIONS - RIGHT TO KNOW LAW
Provision Body:
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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.
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: G311A - a00311 ROAD USER LIQUIDATED DAMAGES (RULD)
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Header:
ROAD USER LIQUIDATED DAMAGES (RULD)
Provision Body:
Road User Liquidated Damages (RULDs) will be assessed as specified in Section 108.07(b) and as follows:
Unrestricted traffic is defined as opening the roadway/structure full width including shoulders and ramps as approved by the Representative with no further need for traffic restrictive devices.
24 hours in advance of the completion of portions of the work which control the assessment of liquidated damages, notify the Representative so that a mutual inspection can be performed. If the Representative determines that the work is completed satisfactorily, the travel lanes will be opened to unrestricted traffic and no further liquidated damages will be assessed for that portion of work.
Damage charges as outlined below will be assessed independent of and concurrent with, as appropriate, Construction Engineering Liquidated Damages (CELD) as specified in Section 108.07(a).
RULDs as specified will be deducted from money due or to become due.
Detour
RULDs in the amount of $ 5,000.00 will be assessed for each day/or portion of day that the detour for SR 0770 is not removed and traffic is open to unrestricted traffic in all lanes on or after October 14, 2026.
RULDs in the amount of $ 5,000.00 will be assessed for each day/or portion of day that the detour for SR 0770 is not removed and traffic is open to unrestricted traffic in all lanes 35 calendar days from the date said detour was implemented.
Special Provision: G401A - a00401 ADVANCE NOTICE OF TRAFFIC RESTRICTIONS
ADVANCE NOTICE OF TRAFFIC RESTRICTIONS
Provision Body:
Notify the Engineer at least 4 calendar days in advance of the start of any operation which will affect the flow of traffic and provide the Engineer with details of the work to be done. After notification, the District Office will advise the public of these traffic restrictions and possible delays.
Special Provision: G901B - a00901 ALTERNATE EROSION AND SEDIMENT POLLUTION CONTROL
PLAN
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Addendum:
ALTERNATE EROSION AND SEDIMENT POLLUTION CONTROL PLAN
Provision Body:
Comply with these requirements when submitting an alternate plan for accomplishing equal or better temporary and permanent erosion and sediment pollution control. Do not start work until the alternate erosion and sediment pollution control plan, schedules, and operation methods have been approved by the Department and the Department of Environmental Protection, or by the Department and the County Conservation District, as applicable.
Apply for any earth disturbance permits or permit amendments not included in the proposal documents that are required because of the nature of the contemplated construction procedures.
Prepare and furnish, with the applications, plans and documents that are required by the Department of Environmental Protection or the County Conservation District.
Provide simultaneously to the District Executive a copy of all plans and documents that affect the construction requirements.
Provide immediately to the District Executive any modifications that are made to the plans and documents that are required by the Department of Environmental Protection or the County Conservation District.
Obtain the approval of the Department and the permit from the Department of Environmental Protection prior to beginning any work when a permit is required, and the approval of the Department and the County Conservation District when a permit is not required.
Acquire areas outside of the right-of-way that are necessary for erosion and sediment pollution control. Proceed with the agreement procedure described in Section 105.14 (Borrow Areas and Waste Areas).
Special Provision: G1101B - a01101 CONSTRUCTION PROCEDURES - EROSION AND SEDIMENT
POLLUTION CONTROL
Addendum:
CONSTRUCTION PROCEDURES - EROSION AND SEDIMENT POLLUTION CONTROL
Provision Body:
I. Observe the applicable following procedures during the entire period of construction as directed:
(a) Conduct all operations as specified in the erosion and sediment pollution control plan and in such a manner to minimize turbidity in streams. Do not discharge water containing sediments or pollutants into the streams.
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(b) Direct flowing water away from project construction areas.
(c) Limit movement of equipment through the streambed in accordance with the approved plan so as to prevent unnecessary siltation or disturbance. Permit equipment to cross flowing channels only on rock roadways and/or bridges to prevent constant turbulency and siltation.
Construct rock crossings, causeways or cofferdams with rock having a minimum size of 75 mm (3 inches) or larger as directed; also, the surface may be choked with stone aggregate having a minimum size of 9.5 mm (3/8-inch). Do not use earth or other materials which may cause sedimentation, for any crossings, causeways or cofferdams.
(d) Seed and/or stabilize all stream banks immediately upon completion of grading.
(e) Seed all cut and fill slopes when they have reached a vertical height of 4.5 m (15 feet). On areas where permanent seeding will not be performed within a period of 20 days after the excavation or embankment operations have been completed place temporary seeding (annual Ryegrass) and mulching on all soil areas.
(f) Control the entire grading area at all times during construction by placing the erosion and sediment pollution control devices that can be installed prior to disturbing the earth and the stabilization devices as soon as the required earthwork has been performed.
(g) For any excavation material stockpiled more than 20 days, take interim stabilization measures to minimize erosion of the stockpile slopes.
(h) Clean the sedimentation structures during construction as specified in Section 861. Dispose of silt fencing and sediment removed from the project, as directed.
(i) Separate all water originating outside of the project from that originating within.
(j) During the life of the contract, be responsible for the maintenance of all erosion and sediment pollution control devices.
(k) Seed all borrow and waste areas in accordance with the approved plans and with item (e) above.
Special Provision: G1601A - a01601 E.E.O. COVERED AREA
E.E.O. COVERED AREA
Provision Body:
For the purpose set forth in the Executive Order 11246 the covered area for this contract is McKean County, which is within the Economic Area of Buffalo, NY as listed in Appendix B of Designated Special Provision 12 (DSP12) entitled “Executive Order 11246 (with Appendix A and B)” in Appendix C of Pub 408.
Special Provision: G2302A - a02302 Worker Protection and Investment
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1.
2.
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4.
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7.
8.
9.
10.
11.
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13.
Addendum:
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.
mailto:workprotect@pa.gov http://www.dli.pa.gov/Pages/Non-Compliance-List.aspx
May 22, 2026 08:36:10 AM Page 13 of 40
Special Provision: C164A - a07000 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:
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.
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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.
Special Provision: C166A - a07010 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.
approved Post Construction Stormwater Management (PCSM) Plan.
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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 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:
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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.
Special Provision: C168A - a07020 CHANGES TO SPECIFICATIONS: SECTIONS 110, 404, AND 507
CHANGE TO SPECIFICATIONS: SECTIONS 110, 404, AND 507
Provision Body:
SECTION 110—PAYMENT
Section 110.06 MATERIAL STORED OR ON HAND. Revise to read as follows:
110.06 MATERIAL STORED OR ON HAND—
(a) Stored Material. The Representative may authorize payment for certain material, using Form CS-110, before its incorporation into the work. Upon the Contractor's request submitted through the PennDOT Project Collaboration Center’s (PPCC) Material-Stored Material (CS-110) workflow and the Representative's acceptance in PPCC, the Contractor may be paid 100% of the cost of the material, less the pro‑rata share of the retainage, if any; provided the quantity of stored material does not exceed the total estimated quantity required to complete the project and the cost is at least $1,000 but does not exceed 90% of the contract price of the applicable contract item or component item. Load-Transfer Units are only eligible for 90% of the cost of the material. The cost of the material is that amount to be paid by the Contractor as evidenced by invoices. Fabricated structural steel that is to receive a protective coating may be approved for prepayment at 75% of the contract price of the applicable contract item or component item, before application of the coating, provided the structure has been fully fabricated and preassembly of field connections has been made.
Payment for stored material will not be authorized until the material has been delivered to the project site or an approved location in the vicinity of the project, is inspected by the Representative to ensure the material is in a satisfactory condition and of sufficient quantity, is stored in an approved manner, and conforms to the requirements specified in this Section and Section 106.03. Identify stored material by project designation and set apart from other materials. Fabricated precast/prestressed bridge structure elements
May 22, 2026 08:36:10 AM Page 17 of 40 indicated on an S-number structure plan are eligible for prepayment when they are approved to ship. Other materials to be stored less than 30 days are not eligible for prepayment. In determining eligibility for prepayment, the beginning date for evaluating whether the required 30-day minimum storage period will be met will be the date the material is delivered to the project or approved storage location, or the date the invoice is submitted to the Department, whichever is the latter. Material originally determined to be ineligible for prepayment due to the minimum storage period requirement, that is then stored for more than 30 days, is eligible for prepayment on the next estimate, provided the invoice has been submitted to the Department. If the Representative determines, because of required fabrication at an off‑site location, that it is not feasible or practicable to store material in the vicinity of the project, the material may be stored at an approved location, which is not in the vicinity of the project, at the Contractor’s expense.
With the exception of structural steel to be incorporated into fabricated structural steel components for main bridge members, as specified in Section 110.06(a)1., only end product manufactured material or fully fabricated products that are awaiting installation and/ or incorporation into the finished work are eligible for prepayment. Ingredients of a finished product are not eligible for prepayment.
Aggregates, cements, and other bulk material are not eligible for prepayment. Beams containing precast components or secondary precast elements detailed on the structure component item schedule or both are eligible for prepayment. Living or perishable plant materials are not eligible for prepayment before planting.
Assume full control and responsibility for the protection of the stored material from the elements and against loss or damage by any cause. In the event any stored material becomes lost, stolen, impaired, or damaged while stored, the monetary value of the lost, stolen, impaired, or damaged material as may have been paid for in a current estimate will be deducted from a subsequent estimate.
Retain the title to the prepaid material until issuance of the acceptance certificate.
Payment for acceptable stored material will be made on current estimates against the applicable contract item. The amount paid will be proportionately recouped as the material is incorporated into the work. The cost of surplus stored material previously paid on a current estimate but not ultimately incorporated in the final measured work will not be included in the final payment. Surplus stored material is the property of the Contractor. Remove surplus material from the project and dispose of in a satisfactory manner.
Pay the material provider the amount due, as shown on the invoices within 7 calendar days of receipt of payment from the Department. Provide evidence of payment upon request. Failure to make invoice payments as specified will cause the appropriate monies to be deducted from future estimates and will cause the disapproval of further prepayment requests.
1. Prepayment for Structural Steel. Structural steel to be incorporated into fabricated structural steel components for main bridge members may be approved for payment up to 60% of the contract price of the applicable contract item or component item; provided the quantity, cost, delivery, inspection, and storage requirements of Section 110.06(a) are met. The cost of the structural steel is that amount to be paid by the Fabricator as evidenced by invoices. Invoices for approved structural steel are to include the material quantity and Department project identification (i.e., ECMS number, SR & Section, and county), and must be accompanied by certification, as specified in Section 106.03(b)3., and proof of payment (e.g., a copy of a canceled check or receipt, or a certified letter from the structural steel supplier acknowledging receipt of payment).
Payment for approved structural steel will be made on current estimates against the applicable contract item. The amount paid will be proportionately recouped as the fabricated structural steel components are incorporated into the work. Pay the Fabricator the amount due, as shown on the invoices, within 7 calendar days of receipt of payment from the Department. When payment is made, the structural steel becomes the property of the Department. Have the Fabricator furnish a transfer of ownership document within 7 calendar days of receipt of payment and promptly submit the documentation to the Department.
Only approved structural steel to be incorporated into fabricated structural steel components for main bridge members is eligible for prepayment. Handling, transportation, and storage of structural steel materials including, but not limited to, any storage site rental, security, and weather protection, are to be borne by the Contractor and included in the contract price for the applicable contract item.
SECTION 404—EVALUATION OF ASPHALT PAVEMENT RIDE QUALITY AND PAYMENT OF INCENTIVE
Section 404.1 DESCRIPTION. Revise to read as follows:
404.1 DESCRIPTION. This work evaluates an asphalt pavement surface profile and determines the ride-quality incentive associated with the pavement surface profile.
(a) General Requirements. Determine the ride quality of finished pavement surfaces, including overlaid bridge approach slabs and overlaid bridge decks. At least two of the following construction operations must be indicated in areas included in ride-quality lot measurements:
Profile milling as specified in Section 492.
Asphalt Base course.
Asphalt Scratch course.
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Asphalt Leveling course.
Asphalt Binder course.
Asphalt Wearing course.
In the presence of the Representative, measure the pavement surface profile according to PTM No. 428. Provide daily calibration results to the Representative before taking any measurements. Provide the raw unfiltered data files and a summary printout of the resultant International Roughness Index (IRI) data and Mean Roughness Index (MRI) values to the Representative within 24 hours of taking measurements. The Representative will determine payment for each ride-quality lot based on the MRI.
Measure the pavement surface of the following excluded areas separate from the pavement surface profile of ride-quality lots. The Representative will not include measurements from excluded areas to determine lot incentive payment.
Pavement surfaces not constructed as a full-depth overlay, as indicated, such as the vertical transition areas at the limits of paving and at the approaches to bridges.
Bridge decks unless overlaid.
Ramps less than 1,500 feet in length and less than 12 feet wide.
Tapered pavements.
Shoulders, medians, and other pavement surfaces indicated.
Pavement from 5 feet before and up to 5 feet after any appurtenances such as water boxes, manholes, railroad tracks, and inlets extending out into the pavement.
Partial lots less than 100 feet
Roadways with a posted speed limit of 40 miles per hour or lower.
(b) Lot Size. A full lot is 528 feet of a single pavement lane. The Representative will designate lots starting at the beginning limit of paving and continuing to the ending limit of paving for each pavement lane and ramp that is 12 feet or wider. Do not include the length of excluded areas in the 528-foot lot.
The Representative will designate a partial lot at the ending limit of paving and at an excluded area, when the lot length is less than 528 feet. The Representative will evaluate a partial lot as a percentage of a full lot.
Section 404.3(a) Equipment and Operator. Revise to read as follows:
(a) Equipment and Operator. Provide pavement surface profile measuring equipment that has been verified by the Department according to PTM No. 428. In the presence of the Representative, calibrate the distance sensor and check the profile system calibration before each day’s testing.
Provide an operator that is Department certified according to PTM No. 428. The operator must carry their valid PennDOT certification card during pavement surface profiling.
Section 404.3(b) Testing. Revise to read as follows:
(b) Testing.
1. Lots. Provide the traffic control and station marking necessary to accommodate testing. Remove objects and equipment from the surface and sweep the surface as necessary to remove debris. For projects identified for verification as specified in Section 404.3(f), identify and delineate the profiling limits and excluded areas on the day of the verification. The Representative will verify the profiling limits are correct. Use traffic cones with reflective tape and reflective tape on the pavement at the beginning and end of each lane and excluded areas for triggering the start and stop locations of the profiler. In the presence of the Representative, determine the pavement surface profile for each lot according to PTM No. 428. At the completion of testing, immediately submit the lot IRI data and MRI values, according to PTM No. 428, to the Representative.
2. Excluded Areas. Provide the traffic control necessary to accommodate testing. Test the entire surface of each excluded area in stages using a 12-foot straightedge. At each stage, hold the straightedge in contact with the surface and parallel to the roadway centerline and, in successive positions, test the pavement surface profile from one side of the excluded area to the other. Advance the test location to the next stage by moving the straightedge along the roadway centerline not more than 6 feet.
Section 404.3(c)1. Lots. Revise to read as follows:
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1. Lots. The Representative will compare the lot MRI to Table A in Section 404.4 to determine if the lot requires corrective action.
Additionally, perform corrective action on any individual bump (must grind) where the irregularity is more than 3/16 inch when tested with a 12-foot straightedge.
Section 404.3(d) Corrective Action. Revise to read as follows:
(d) Corrective Action. Do not produce a deviation, such as a ridge or valley with the adjacent pavement, of more than 1/8 inch when measured on the transverse profile. Correct a sufficient length of pavement to correct the pavement surface profile without producing additional high or low points. Retest the lots and excluded areas after completing corrective action. Perform additional measurements of the pavement surface profile, as necessary, for the Representative to determine which lots do not require additional corrective action. Correct surfaces to provide a uniform texture and positive cross slope so the pavement drains.
Perform all corrective action before testing for pavement depth. Use one or more of the following methods:
1. Carbide Grinding. Use carbide grinding for correcting areas 15 feet in length or less. Use grinders of the walk-behind type that have cutting heads of carbide tipped shackles, stars, or blades and have a locking depth control to produce a uniform pavement surface texture.
Provide a pavement surface texture consisting of parallel grooves between 3/32 inch and 1/4 inch wide with a “land area” between grooves of 1/16 inch and 3/16 inch. Operate the grinder by making multiple passes, if necessary, with a maximum depth of any single pass of 1/8 inch. Grind longitudinally or transversely across the pavement surface.
2. Diamond Grinding. Section 514.3 and modified as follows:
(d) Tolerance. Delete this section.
Unless otherwise approved, grind the entire lane width.
3. Removal and Replacement. Remove the surface course of the entire pavement lane width by milling and replace at least the minimum layer depth of the specified surface course. Place more than the minimum layer depth if necessary to correct the pavement surface profile.
Section 404.3(f) Verification. Revise to read as follows:
(f) Verification. For Federally funded projects, the Department will perform smoothness verification testing at a minimum of one day and on at least 10% of the project’s lane miles being evaluated using the Department’s inertial lightweight profiler concurrent with smoothness acceptance testing. The Department may require smoothness verification testing for any smoothness acceptance testing.
Coordinate with the Representative at least 14 days in advance of smoothness verification testing to arrange for Department profiler testing and to schedule a virtual meeting with the Department’s Roadway Inventory and Testing Unit (RITU) to verify the smoothness verification testing procedures.
Ensure the Department’s smoothness verification testing occurs concurrently with smoothness acceptance testing. The smoothness acceptance test results will be compared to the Department’s smoothness verification test results. The smoothness acceptance test results will be used for incentive payment when the following tolerances are met:
The verification MRI does not exceed the acceptance MRI by more than 6.1 inches/mile on at least 90 percent of the 528 foot lots for each lane.
The average verification MRI does not exceed the average acceptance MRI by more than 6.1 inches/mile for all lots tested in each lane.
The difference in the length for all lots tested in each lane is less than 0.2 percent.
If the tolerances above are not met during smoothness verification testing, the Department will immediately review the testing procedures, equipment, and personnel used in the smoothness acceptance testing to determine if the test results are acceptable.
When the Contractor’s smoothness acceptance test results are not considered acceptable, the Department’s smoothness verification test results will be used for incentive payment, and the Contractor’s profiler certification will be suspended and must be recertified according to PTM No. 428. Contact the RITU within 10 business days to schedule the profiler for recertification. Recertify the profiler before use on all Department projects.
Section 404.4 MEASUREMENT AND PAYMENT. Revise to read as follows:
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404.4 MEASUREMENT AND PAYMENT. Dollar
The…
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