840852padot120767.pdf
PDF 821 KB Posted
- Attached to
- SR 2008 over Brower Run Box Culverts
- Solicitation number
- 120767
- Issued by
- Mercer County, Pennsylvania
About this file
Summary
This is a Proposal Report and Bid Package document from the Pennsylvania Department of Transportation (PennDOT) for Project 120767, a standard construction contract for work on State Route 2008 in Mifflin County, Pennsylvania. The project involves furnishing and placing a 15'-0" x 7'-6" precast reinforced concrete box culvert with inlet and outlet sections over Brower Run, constructing approach and roadway improvements consisting of Superpave Asphalt Mixture Designs for base and wearing courses, furnishing and placing guide rail, and miscellaneous construction across approximately 390 linear feet (0.074 miles) in Decatur Township. The project is scheduled to be let on October 1, 2026, at 11:00 a.m. with an anticipated Notice to Proceed on November 16, 2026, and required completion by September 17, 2027. The bid package includes multiple items encompassing excavation, asphalt work, guide rail installation, pavement markings, precast concrete culvert segments, and related construction activities, with structure work comprising 53 percent of the total project cost.
The project is a non-federal, 100% state-funded construction contract with an estimated cost range between $500,000 and $999,999.99. Prequalification is required for bidders. The contract includes prevailing wage requirements and compliance with Pennsylvania's Worker Protection and Investment Act, including submission of the BOP-2201 certification form within 7 calendar days after bid opening. The project is subject to Road User Liquidated Damages assessments of $1,000 per day for delayed delivery and installation of box culvert sections after August 12, 2027. Designated Special Provisions apply, including Diverse Business requirements, erosion and sediment pollution control obligations, equal employment opportunity and affirmative action requirements, and reciprocal limitations act provisions. Build America, Buy America Act provisions apply, restricting the use of foreign-manufactured materials and establishing exemptions for cumulative costs not exceeding the lesser of $1 million or 5% of applicable project costs. The project requires electronic submission of all documentation through the ECMS platform.
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PROPOSAL Report - Project 120767
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PROPOSAL REPORT
Project: 120767 Bid
Package: 1
Current Let: 10/01/2026 11:00:00 AM
Version: Current Addendum
Count: 0
District: 02 County: Mifflin
SR/SEC/
Group ID: 2008/A03/DF Box
Description
SR 2008 over Brower Run
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TABLE OF CONTENTS
BID PACKAGE SUMMARY
PROJECT ITEMS AND QUANTITIES
SPECIAL PROVISIONS
G51A - a00051 APPLICABLE DESIGNATED SPECIAL PROVISIONS (STATE) 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
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 C164A - a07000 CHANGES TO SPECIFICATIONS: SECTION 106 C166A - a07010 CHANGES TO SPECIFICATIONS: SECTIONS 107 AND 608 C172A - a07020 CHANGES TO SPECIFICATIONS: SECTIONS 107, 871, 872, 875, and 876 C168A - a07030 CHANGES TO SPECIFICATIONS: SECTIONS 110, 404, AND 507 C170A - a07040 CHANGES TO SPECIFICATIONS: SECTIONS 110, 501, 506, 530, 703, and 704 C171A - a07050 CHANGES TO SPECIFICATIONS: SECTIONS 313, 314, 360, 410, 412, and 413 C169A - a07060 CHANGES TO SPECIFICATIONS: SECTION 419 C167A - a07070 CHANGES TO SPECIFICATIONS: APPENDIX C—DESIGNATED SPECIAL PROVISIONS and APPENDIX C, DSP 20
N10C - a10609 PROJECT COORDINATION G100B - a14200 CONSTRUCTION RESTRICTIONS DUE TO AREA SPECIAL EVENTS P1061D - b01061 Electronic Submission of Material Certifications through ECMS P1062D - b01062 Electronic Submission of Material Certifications through ECMS for Lump Sum Component items
S3099C - b03130 SECTION 313/413 - SUPERPAVE MIXTURE DESIGN S6012B - b06012 - SECTION 601.3(f) BACKFILLING TRENCH I677D - c00100 ITEM 4677-0004 - SELECTED MATERIAL SURFACING USE SUBBASE I9000C - c00200 ITEM 9000-0002- GRADE ADJUSTMENT OF EXISTING DRIVEWAYS (MATCH
AGGREGATES IN KIND)
00 - c00300 ITEM 9000-0012 - UNFORESEEN REPAIRS 00 - c00400 ITEMS 9000-0215 / 0216 / 0217 - PRECAST REINFORCED CONCRETE BOX
CULVERT SEGMENTS
00 - c00500 ITEM 9000-0418 - 4" YELLOW WATERBORNE HIGH BUILD PAVEMENT MARKINGS I68C - c00600 ITEM 9000-5101 ELECTRONIC TICKETING (E-TICKETING) FOR CONSTRUCTION
AGGREGATE
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I70C - c00700 ITEM 9000-5103 ELECTRONIC TICKETING (E-TICKETING) FOR CONSTRUCTION
CONCRETE
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BID PACKAGE SUMMARY
Project: 120767 Bid Package: 1
Project Type: Standard Posted:
Federal Project Status: Non - Federal (100% State) State Type of Work: BOX CULVERTS
Prequalification Required: Yes Pre-Bid Meeting: None
408 Version: 2026-IE
Scheduled Let: 10/01/2026 11:00:00 AM Project Cost Range: $500,000.00 - $999,999.99 Anticipated NTP: 11/16/2026 Structure Work: 53.00%
Required Completion: 09/17/2027 Wage Rates: Yes
Description:
The description and location of the project is as follows: This work is the furnishing and placement of a 15'-0" x 7'-6" precast reinforced concrete box culvert and inlet & outlet sections over Brower Run at a Department prepared site, construction of approach and roadway consisting of Superpave Asphalt Mixture Designs for the base and wearing courses, furnishing and placement of guide rail, and miscellaneous construction all within a length of approximately 390 linear feet (0.074 miles) as indicated on the approved drawings included in the bid package for STATE ROUTE 2008 SECTION A03, in MIFFLIN COUNTY, DECATUR TOWNSHIP, from segment 0040 offset 3189 to segment 0050 offset 0302.
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
0203-0001 C Cubic Yard 146.0000 N
CLASS 1 EXCAVATION
0203-0006 G4 Linear Foot 52.0000 N
SAW CUTTING
0205-0100 C1 Cubic Yard 317.0000 N
FOREIGN BORROW EXCAVATION
0205-0264 C1 Cubic Yard 289.0000 N
SELECTED BORROW EXCAVATION ROCK, CLASS R-4
0212-0014 C3, H, M2 Square Yard 974.0000 N
GEOTEXTILE, CLASS 4, TYPE A
0313-0337 E Ton 152.0000 N SUPERPAVE ASPHALT MIXTURE DESIGN, BASE COURSE, PG 64S-22, < 0.3 MILLION ESALs, 25.0 MM MIX
0350-0121 C, E Ton 154.0000 N
SUBBASE (NO. 2A)
0413-0205 F Ton 106.0000 N SUPERPAVE ASPHALT MIXTURE DESIGN, WEARING COURSE, PG 64S-22, < 0.3 MILLION ESALS, 9.5 MM MIX, SRL-L
0413-2059 F Ton 72.0000 N
SUPERPAVE ASPHALT MIXTURE DESIGN, WEARING COURSE (LEVELING), PG 64S-22, < 0.3 MILLION ESALS, 9.5 MM
MIX, SRL-L
0460-0001 F4 Square Yard 1,934.0000 N
ASPHALT TACK COAT
0491-0014 F3 Square Yard 606.0000 N MILLING OF ASPHALT PAVEMENT SURFACE, 2 1/2" DEPTH, MILLED MATERIAL RETAINED BY CONTRACTOR
0608-0001 X Lump Sum 1.0000 N
MOBILIZATION
0619-0459 J1, J3 Each 1.0000 N
PERMANENT IMPACT ATTENUATING DEVICE, TYPE II, TEST LEVEL 3, TANGENT (MASH)
0620-0400 J Each 3.0000 N
TERMINAL SECTION, SINGLE
0620-1600 J Linear Foot 513.0000 N
TYPE 31-S GUIDE RAIL
0620-1670 J Each 3.0000 N
TYPE 31-STRONG POST IN-LINE ANCHOR
4677-0004 C1, E Ton 84.0000 N Std
SELECTED MATERIAL SURFACING USE SUBBASE
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0686-0020 X Lump Sum 1.0000 N
CONSTRUCTION SURVEYING, TYPE B
0689-0001 X Lump Sum 1.0000 N
NARRATIVE SCHEDULE
0690-0001 X Dollar 1,000.0000 $1.00 Y
INTERNAL FACILITATION
0901-0001 Q Lump Sum 1.0000 N
MAINTENANCE AND PROTECTION OF TRAFFIC DURING CONSTRUCTION
0901-0240 Q, R Square Foot 100.0000 N
ADDITIONAL TRAFFIC CONTROL SIGNS
0937-0104 J, R Each 4.0000 N
GUIDE RAIL MOUNTED DELINEATOR TYPE B, (Y/B)
0937-0106 J, R Each 8.0000 N
GUIDE RAIL MOUNTED DELINEATOR TYPE B, (W/B)
9000-0002 C1 Ton 7.0000 N Std
GRADE ADJUSTMENT OF EXISTING DRIVEWAYS (MATCH AGGREGATES IN KIND)
9000-0012 C1, F Dollar 5,000.0000 $1.00 Y Proj
UNFORESEEN REPAIRS
9000-0215 S4 Linear Foot 44.0000 N Proj
15.0' X 7.5' PRECAST REINFORCED CONCRETE BOX CULVERT SEGMENTS
9000-0216 S4 Each 1.0000 N Proj
PRECAST REINFORCED CONCRETE BOX CULVERT OUTLET SECTION
9000-0217 S4 Each 1.0000 N Proj
PRECAST REINFORCED CONCRETE BOX CULVERT INLET SECTION
9000-0418 O Linear Foot 740.0000 N Proj
4" YELLOW WATERBORNE HIGH BUILD PAVEMENT MARKINGS
9000-5101 X Lump Sum 1.0000 N Std
ELECTRONIC TICKETING (E-TICKETING) FOR CONSTRUCTION AGGREGRATE
9000-5103 X Lump Sum 1.0000 N Std
ELECTRONIC TICKETING (E-TICKETING) FOR CONSTRUCTION CONCRETE
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SPECIAL PROVISIONS
Special Provision: G51A - a00051 APPLICABLE DESIGNATED SPECIAL PROVISIONS (STATE) Addendum:
Action:
Item(s) Associated:
Header:
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.
Project Specific Details:
Special Provision: G113B - a00113 CONTRACT PROVISIONS - RIGHT-TO-KNOW LAW Addendum:
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:
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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)
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:
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.
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Delivery & Installation of Box Culvert Sections
RULDs in the amount of $ 1,000.00 will be assessed for each day or portion of day after 08/12/27 that the box sections are not delivered & installed as part of the SR 2008 Project.
The maximum RULD assessment will be limited to $ 1,000.00 per day.
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
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.
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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.
(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.
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(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: G1401A - a01401 EQUAL EMPLOYMENT OPPORTUNITY WITH
PREQUALIFICATION
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
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Black Ministers
CORE
Special Provision: G2302A - a02302 Worker Protection and Investment
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 mailto:workprotect@pa.gov
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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
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 http://www.dli.pa.gov/Pages/Non-Compliance-List.aspx
August 27, 2026 11:56:45 AM Page 14 of 70 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:
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: C164A - a07000 CHANGES TO SPECIFICATIONS: SECTION 106
CHANGES TO SPECIFICATIONS: SECTION 106
Provision Body:
SECTION 106—CONTROL OF MATERIAL
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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.
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.
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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.
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.
approved Post Construction Stormwater Management (PCSM) Plan.
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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:
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
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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: C172A - a07020 CHANGES TO SPECIFICATIONS: SECTIONS 107, 871, 872, 875, and 876
Addendum:
CHANGES TO SPECIFICATIONS: SECTIONS 107, 871, 872, 875, and 876
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.
Conduct confirmation testing for infiltration, if applicable, as specified in Section 876.
Within 14 days of completing the construction of a post-construction stormwater management (PCSM) stormwater control measure (SCM) as determined by the licensed professional or designee, submit a completed Chapter 102 SCM Construction Certification Form for each PCSM 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 approved Post Construction Stormwater Management (PCSM) Plan.
August 27, 2026 11:56:45 AM Page 19 of 70 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 shall 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.
SECTION 871—SEDIMENT TRAP – RISER
Section 871.1 DESCRIPTION. Revise to read as follows:
871.1 DESCRIPTION—This work is the construction, maintenance, and removal and/or conversion of riser type sediment trap to a permanent stormwater control measure area.
Section 871.3 CONSTRUCTION. Revise to read as follows:
871.3 CONSTRUCTION—As shown on the Standard Drawings, at the location indicated or directed, and as follows:
As specified in Section 201.3, clear and grub the storage area and embankment foundation area site. Excavate the key trench for the full length of the embankment (when located in permanent stormwater control measure area). Install the outlet protection, outlet pipe with the anti-seep collar attached (where indicated), and outlet structure at the location indicated.
When indicated, construct the temporary riser pipe assembly, as specified in Section 874.3.
When a concrete anti-seep color is specified, construct collar as specified in the applicable parts of Section 1001.3.
When the sediment trap is located in a permanent stormwater control measure area and a concrete outlet structure is indicated, construct concrete outlet structure as specified in Section 875.3.
August 27, 2026 11:56:45 AM Page 20 of 70
Construction of the embankment before placing the pipe is not required. Do not use coarse aggregate as backfill material around the pipe. Backfill the pipe with suitable embankment material to prevent embankment leakage along the pipe. Construct outlet protection of the type indicated at outlet end of pipe, as specified in Section 851.3. Place the embankment material, as specified in Section 206.3.
When required, obtain borrow excavation for the formation of the embankment, as specified in Section 205. Apply seeding and soil supplements, as specified in Section 804.3.
Mulch, if required, as specified in Section 805.3.
Install and maintain cleanout stake as required, as indicated, or as directed.
Inspect sediment trap after each runoff event to assure that it continues to function properly. Remove accumulated sediment as specified in Section 861.3 and repair as required or as directed.
When the tributary area to the sediment trap is stabilized or the sediment trap is no longer required, or if otherwise directed, satisfactorily recondition the site as follows:
Temporary Sediment Trap: Fill in excavated areas, removing embankments, riser pipe assemblies, outlet pipe, and anti-seep collars, or as directed. Restore the areas as specified in Section 105.14. Satisfactorily dispose of removed materials.
Sediment Trap Located in a Permanent Stormwater Control Measure Area: Perform conversion of the temporary sediment trap to a permanent Stormwater Control Measure according to the sequence in the approved Post Construction Stormwater Management Plan. Typical activities include, but are not limited to, grading to final basin elevations; removing temporary orifice covers and stand pipes; applying permanent vegetative stabilization; and satisfactorily disposing of removed materials. For infiltration Stormwater Control Measures, confirmation testing for infiltration is required, as specified in Section 876.
SECTION 872—SEDIMENT BASIN
Section 872.1 DESCRIPTION. Revise to read as follows:
872.1 DESCRIPTION—This work is the construction, maintenance, and removal and/or conversion of A sediment basin to a permanent stormwater control measure area.
Section 872.3 CONSTRUCTION. Revise to read as follows:
872.3 CONSTRUCTION—As shown on the Standard Drawings, at the location indicated or directed, and as follows:
As specified in Section 201.3, clear and grub the storage area and embankment foundation area site. Excavate the key trench for the full length of the embankment. Excavate the emergency spillway as indicated. Install the outlet protection, outlet pipe with the anti-seep collar attached, and outlet structure at the location indicated.
When indicated, construct the temporary riser pipe assembly, as specified in Section 874.3.
When concrete anti-seep collar is specified, construct collar as specified in the applicable parts of Section 1001.3.
When the sediment basin is located in a permanent stormwater control measure area and a concrete outlet structure is indicated, construct concrete outlet structure as specified in Section 875.3.
Construction of the embankment and trench before placing the pipe is not required. Do not use coarse aggregate as backfill material around the pipe. Backfill the pipe with suitable embankment material to prevent embankment leakage along the pipe. Construct outlet protection of the type indicated at outlet end of pipe, as specified in Section 851.3. Place the embankment material, as specified in Section 206.3. If required, obtain borrow excavation for the formation of the embankment, as specified in Section 205. Apply seeding and soil supplements, as specified in Section 804.3. Mulch, if required, as specified in Section 805.3.
Install and maintain cleanout stake as required, as indicated, or as directed.
Inspect sediment basin after each runoff event. Remove accumulated sediment as specified in Section 861.3 and repair as required or as directed.
When the tributary area to the sediment basin is stabilized, or the basin is no longer required, or when directed, satisfactorily recondition the site as follows:
Temporary Sediment Basin: Fill in excavated areas, removing embankments, riser pipe assemblies, corrugated metal pipe, and anti-seep collars, or as directed. Restore the areas as specified in Section
105.14. Satisfactorily dispose of removed materials.
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Sediment Basin Located in a Permanent Stormwater Control Measure Area: Perform conversion of the temporary sediment basin to a permanent Stormwater Control Measure according to the sequence in the approved Post Construction Stormwater Management Plan. Typical activities include, but are not limited to, grading to final basin elevations; removing temporary orifice covers and stand pipes; applying permanent vegetative stabilization; and satisfactorily disposing of removed materials. For infiltration Stormwater Control Measures, confirmation testing for infiltration is required, as specified in Section 876.
SECTION 875—CONCRETE OUTLET STRUCTURE
Section 875.1 DESCRIPTION. Revise to read as follows:
875.1 DESCRIPTION—This work is construction of a permanent concrete outlet structure for a stormwater control measure area and where applicable, the conversion to and from a temporary sediment trap or sediment basin.
Add the following new Section:
SECTION 876—INFILTRATION TESTING
876.1 DESCRIPTION—This work is for confirmation testing during construction for infiltration capacity…
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