107LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.01LAWS TO BE OBSERVED —At all times, observe and comply with the following, and post as

required: all Federal, State, and local laws, ordinances, and regulations that have appropriate jurisdiction over the project and affect the conduct of the work or that apply to employees on the project; and all orders or decrees that have been or may be enacted by any legal bodies or tribunals having authority or jurisdiction over the work, material, employees, or contract. Protect and indemnify the State and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, including violations by Contractor employees.

the contractor must display and provide all notices and posters where hiring is conducted. Each employee must be provided copies of all notices and posters and sign Form EO-107, Bulletin Board Acknowledgment Signature Sheet, acknowledging they have received and understood th e content of all the notices and posters. A Contractor's Representative will then sign Form EO-107 acknowledging that all required notices and posters are displayed at the hiring location and that all employees on the signature sheet have received copies and understand the content of these notices and posters. Maintain a copy of the form at all times on the project and submit a copy of the completed Form EO-107 in PPCC for PennDOT and FHWA review.

107.02PERMITS, LICENSES, AND TAX RESPONSIBILITY—

notices necessary for the proper and lawful performance of the work according to such permits and licenses. Do not start work until signing and submitting all documentation required to become a transferee/co-permittee for all applicable permits required for the project.

tax, sometimes called an occupation tax, wage tax, income tax, franchise tax, or excise tax on the construction operations within the limit of the political subdivision imposing such tax. Also indemnify and save harmless the State and its agents from liabi lity for the collection and payment of any taxes assessed and levied by the constituted authority, including upon Contractor agents, employees, and/or representatives in connection with the performance of work on the project.

to be registered in Pennsylvania when used on a project which is being built under traffic or where the vehicles are operated on a public highway opened to traffic.

107.03PATENTED DEVICES, MATERIAL, AND PROCESSES—If any design, device, material, or process

covered by letters of patent or copyright is used, provide for use by suitable legal agreement with the patentee or owner. Indemnify and save harmless the State or political subdivision from any claims for infringement, by reason of the use of any patented design, device, material, process, or any trademark or copyright, and indemnify the State for any costs, expenses, and damages which it may be obliged to pay by reason of any infringement, at any time during the performance or after the completion of the work. These provisions also apply to the surety.

107.04RESTORATION OF SURFACE OPENED BY PERMIT —Do not allow any opening to be made

within the right of way unless a valid permit is presented authorizing the opening. For such an opening, made before the date upon which the work provided for in the contract is finally accepted, repair at the time and in the manner directed in writing by the District Executive.

107.05FEDERAL-AID PROVISIONS—If the Federal Government pays any portion of the project costs,

observe the Federal laws pertaining to the project, as well as the rules and regulations made according to

such laws. Work will be subject to the inspection of the appropriate Federal agency. Such inspection will not make the Federal Government a party to the contract and will not interfere with the rights of either party to the contract.

107.06SANITARY PROVISIONS—Incidental to contract items, provide and maintain, in a neat and clean

condition, sanitary facilities (including toilet facilities, hand washing facilities, and drinking water) meeting the requirements of Section 609.2(a) for the exclusive use of Department personnel on the project. Clean, disinfect, and maintain to the satisfaction of the Representative any drinking water coolers or other drinking water delivery implements. Dispose of all wastes, both sewage and wastewater, in a manner approved by the DEP. As required, obtain permits from local municipalities to install temporary toilet facilities. The requirement for sanitary facilities, as described in this section, are not waived for projects that do not include a PennDOT field office.

107.08OCCUPATIONAL SAFETY AND HEALTH—Comply at all times with applicable Federal, State, and

local laws and regulations , provisions, and policies governing safety and health, including the Federal Construction Safety Act (Public Law 91- 54), 29 CFR Chapter XVII, Part 1926, Occupational Safety and Health Regulations for Construction, and the Occupation Safety and Health Act (Public Law 91-596), 29 CFR Chapter XVII, Part 1910 Occupational Safety and Health Standards for General Industry, and subsequent publications updating these regulations. Take any other needed action or proceed as directed, to protect the life, health, and general occupational welfare of personnel employed on the project. Take all applicable measures for Contractor personnel and Department Representatives required to access the area for inspection purposes, including, without limitation, identification, documentation, notification, training, reporting, permitting and mitigation, relating to permit-required confined spaces at the site of the work required by the OSHA standard for construction activities at a worksite with one or more permit-required confined spaces 29 CFR 1926, Subpart AA, and any successor provisions and/or by OSHA’s general standard for worksite permit -required confined spaces (29 CFR 1910.146, and any successor provisions). Submit documentation required by OSHA 29 CFR 1926, Subpart AA of new permit -required confined spaces created as a result of contract work which remain after completion of project. Include the following information:

• The location of each permit space.

• The hazards or potential hazards in each space or the reason it is a permit space.

• Any precautions implemented for the protection of employees in the permit space.

The locations, hazards and precautions of known permit-required confined spaces are maintained on the Permit-Required Confined Spaces Data Base. The data base is located in the ECMS File Cabinet under the References Tab. Provide appropriate exposure controls, personnel, and equipment as per 29 CFR 1926.1153 for respirable crystalline silica (RCS). For operations which require Contractor personnel for RCS mitigation to employ respiratory protection or perform work within an enclosed cab, direct inspection by the Representative will be withheld from the operation. Perform the work in such operations to allow for inspections at hold points, as determined by the Representative. If, in the Representative's opinion, employees are exposed to extraordinary conditions which could or do constitute a hazard, modify such equipment, devices, and job procedures to ensure protection against the hazard or to reduce the risk to the employees engaged in project work. The Department does not approve of the disengagement of any safety features on contractor equipment. If the contractor, as part of its means and methods, and at the responsibility of trained and certified operators, disengages any type of equipment safety feature, it will hold the Department harmless against any liability on any claims made against the Department due to the disengagement of the feature. Before or at the preconstruction conference, submit a written Project Safety Program. Include at a minimum, the following procedures and information:

• A procedure to document lost time.

• Detailed permit-required confined space procedures and all other documents and information required by 29 CFR Part 1926, Subpart AA and any successor provisions and/or by 29 CFR

1910.146 and any successor provisions, where applicable

• Provide air monitoring equipment calibration documentation, for spaces that have actual or potential atmospheric hazards.

• Written verification of rescue services availability and qualifications for permit-required confined spaces.

• Written verification of annual training for internal/contractor employed rescue team if these services are provided by the contractor for permit-required confined spaces. Provide a list of employees that attended the training and the dates they attended.

• A written exposure control plan for RCS, as per 29 CFR 1926.1153(g) to also include:

ͦ A description of the tasks on the project that involve exposure to RCS. ͦ A description of the engineering controls, work practices, and respiratory protection required to limit worker exposure to RCS for each task. ͦ A description of the housekeeping measures used to limit worker exposure to RCS. ͦ A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of workers exposed to RCS and their level of exposure.

• Provide a procedure for assuring compliance by subcontractors and suppliers working within the project’s limit of work.

All costs associated with the preparation and implementation and updates of Project Safety Program and complying with the requirements are considered incidental. Give special emphasis to providing safeguards for any specially or unusually hazardous operations and health hazards. Include initial indoctrination and continuing instructions for all employees to enable them to perform work in a safe manner. Include in the instruction project safety practices, manner of reporting accidents, availability of medical facilities, and explanation of individual responsibility for accident-free operations. Require all persons to wear high-visibility safety apparel (orange or yellow-green) that is intended to provide conspicuity during both daytime and nighttime usage, and that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004 publication entitled “American National Standard for High-Visibility Safety Apparel and Headwear” while in work zones exposed either to traffic or to construction equipment. All areas of a project will be hard hat areas. Require all persons within the project limits to wear protective headgear, including persons in cement concrete and asphalt concrete plants operated exclusively for a project, even though the plant(s) may be remotely located. For multi-season projects with a contract amount > $5,000,000, provide and maintain one scoreboard safety sign 4 feet wide by 3 feet high to identify the number of days worked on the project without a lost time accident. Imprint on the sign, the name of the Contractor and an appropriate safety message. Prominently display the following on the sign in 4-inch letters:

NOTE: “(***)”—indicates space for three removable numbers. Number displayed to include subcontractors.

Place the sign in a prominent location at the project site. Update the sign at least bi -weekly. Immediately take corrective action, upon notification by the Representative of any noncompliance with the provisions of this section. Upon receipt of this notice, failure or refusal to promptly comply will cause a written order to be issued, stopping all or part of the work until the corrective action has been taken. Claim for an extension of time, costs, or damages because of the time lost due to any such stop orders will not be considered.

107.09RAILWAY-HIGHWAY PROVISIONS—Conform to regulations stipulated in the Pennsylvania Public

Utility Commission's order when work is indicated to be performed within, or adjacent to, the right of way or trackage belonging to, or upon which a common carrier operates. Observe strict adherence to all requirements pertaining to the work, safety, and movement of trains; to public and personal liability insurance; and to any other related matters. If it is necessary to use crossings other than those indicated, make arrangements for the use of the crossings.

107.10BRIDGES OVER NAVIGABLE WATERS —Conduct work on navigable waters according to the

requirements of permits issued by the U.S. Army Corps of Engineers or U.S. Coast Guard, whichever is applicable.

107.12CARE OF PUBLIC AND PRIVATE PROPERTY —Do not damage overhead and underground

facilities and structures or property within or adjacent to the project. Use special care in the performance of the work to avoid interference or damage to operating utilities or plants; however, where there is any possibility of interference or damage, make satisfactory arrangements with responsible corporate officers of the utilities or plant, covering the necessary precautions to be used during the performance of the work. Make these arrangements, subject to review, before work is started. Protect all land monuments and property markers which are to be affected by the construction until they have been correctly referenced by the Department. Beyond the construction area, reset monuments and markers which are disturbed by contract operations, either during the construction of the project or otherwise, when and as directed. Promptly make restitution for or satisfactorily repair or restore damaged public or private property except in instances in which underground facilities are damaged because of a failure on the part of the owner of such facilities to accurately locate or mark the facilities. Protect trees to be left standing. If these existing trees to be left standing are damaged, satisfactorily repair or replace them, at no cost to the Department, or compensate the Department for the damage by an equitable monetary amount as determined by, or agreed with, the Department.

107.13PUBLIC USE LANDS—In performing work within or adjacent to public use lands, namely National

or State Forests, State Gamelands, Wildlife or Waterfowl Refuges, recreation areas, parklands, and historic sites, comply with all applicable rules and regulations of the authority having jurisdiction. Cooperate with the National or State Forest Officer or Supervisor and authorized subordinates in observing sanitary laws and in exercising every reasonable precaution to prevent and suppress forest fires and vandalism. Do everything reasonable to prevent and suppress forest fires. Notify a forest supervisor, as soon as possible, of the location and extent of any fire observed. Before starting indicated work affecting stream channels, verify that the Department has the approval of the DEP and/or the DCNR.

107.14RESPONSIBILITY FOR DAMAGE CLAIMS —Furnish insurance certificate(s), as specified in

Section 103.05, to indemnify and save harmless the State, the Department, and all of its officers and employees from all suits, actions, or claims of any character, name, and description, brought for or on account of any injuries or damages received or sustained by any person, persons, or property during the performance of work by the Contractor, whether the same is due to the use of defective material, defective workmanship, neglect in safeguarding the work or public interests, or by or on account of any act, omission, neglect, or misconduct of the Contractor, or any Subcontractors, Fabricators, Manufacturers, or Vendors. Also indemnify and save harmless the State, the Department, and all of its officers and employees from cases arising as specified in Sections 105.05 and 107.16, or from any claims for amounts arising or recovered under the Workers' Compensation Law, or any other law, bylaw, ordinance, order, or decree.

107.15OPENING SECTIONS OF PROJECT TO TRAFFIC—The Representative will have the authority

to order, in writing, any substantially completed section of the project opened to traffic when seasonal, local,

or other conditions relating to the project or public convenience justify such action; however, such opening will not be held to be an acceptance or a waiver of any provisions of the specifications or the contract. Furnish, place, and maintain necessary traffic control devices, as directed, at the Department's expense, as specified in Section 110.03. Conduct the remainder of construction operations so as to cause the least obstruction to traffic. Any section of the project opened before project completion will be subject to the applicable requirements specified in Section 110.08(a). After opening a section of the project to traffic, any damage to satisfactorily completed work items within the section which occurs due to vehicles, other than construction vehicles and equipment engaged on the project, and not to defective materials and/or workmanship, and which occurs despite satisfactory precaution taken, will be replaced or repaired, as directed, at the Department's expense, as specified in Section 110.03.

107.16CONTRACTOR'S RESPONSIBILITY FOR WORK—

the work is completed and accepted by the Department, as evidenced by the dated acceptance certificate issued by the Department. However, the Contractor will be relieved of responsibility for further physical work and maintenance as specified in Section 110.08(a). The issuance of the acceptance certificate does not relieve the Contractor and Surety from continuing liability for latent defects, as specified in Section 107.16(b).

The Contractor and the Surety continue to be liable for all latent defects; however, the Surety is liable only until the performance bond is released. Satisfactorily repair or correct latent defects at no cost to the Department. If defects cannot be satisfactorily repaired or corrected, provide reimbursement for any expenses or damages incurred by the State because of latent defects. Failure to satisfactorily correct latent defects, or to reimburse the State for expenses or damages incurred as a result of latent defects, will be considered sufficient cause to suspend or remove prequalification, according to 67 PA Code Chapter 457, regulations governing prequalification of prospective bidders, provided that any adjudication regarding such latent defects is final.

wholly or in part, according to the provisions specified in Section 105.01(b), written notification will be given of the suspension and the reason(s) for the suspension. If the work is temporarily suspended, wholly or in part, due to the fault of the Contractor, the Required Completion Date and any specified Milestone Date(s) will not be changed, unless otherwise directed by the Director of Project Delivery. After a whole or partial suspension, upon receipt of written notice from the Representative, actively resume work according to the detailed schedule of operations.

107.17CONTRACTOR'S RESPONSIBILITY FOR PUBLIC OR PRIVATE FACILITIES AND STRUCTURES—

Cooperate with others in the performance of corrective project work, as specified in Section 105.06. The Department will cooperate in the issue of notices and will participate in all essential field conferences relating to the facilities and structures.

107.18FURNISHING OF RIGHT OF WAY—The Department will be responsible for securing all necessary

rights of way in advance of construction. Any exceptions will be indicated in the proposal and contract.

107.19PERSONAL LIABILITY OF PUBLIC OFFICIALS —In carrying out any of the provisions of these

specifications or in exercising any power or authority granted to them by or within the scope of the contract, no liability may be placed upon the Secretary, Engineer, or their authorized representatives, either personally or as officials of the State. In such matters, they act solely as State agents and representatives.

107.20NO WAIVER OF LEGAL RIGHTS—The Department, the Secretary, the Engineer, or the Representative

will not be prevented by an erroneous

• measurement,

• computation,

• estimate, or

• certificate

made or given by them or any agent or employee of the Department, under any provision or provisions of the contract at any time, either before or after the completion and acceptance of, and payment for the roadway, from showing at any time that any

• measurement,

• computation,

• estimate, or

• certificate

is untrue or incorrectly made in any particular or that the work or material or any part does not conform to the specifications and contract. The Department will have the right to reject the whole or any part of the work or material, should any

• measurement,

• computation,

• estimate,

• certificate, or

• payment

be discovered or be known to be inconsistent with the contract terms or otherwise improperly given. The Department will not be prevented, notwithstanding any

• measurement,

• computation,

• estimate,

• certificate, or

• payment

from demanding and recovering from the Contractor or surety, such damages as it may sustain by the failure to comply with the terms of the specifications and contract or on account of any overpayment(s) made on any estimate or certificate. Neither the payment on any estimate or certificate signed by the Department nor any extension or remission of contract time nor any possession taken by the Department or its employees, will operate as a waiver of any portion of the Contractor of any power herein reserved by the Department or any right to damages herein provided,

nor will any waiver of any breach of contract held to be a waiver of other or subsequent breach. The terms of this contract will not be waived or modified by any verbal communication between the Contractor and Department personnel.

107.21WORKERS' COMPENSATION INSURANCE —Carry Workers' Compensation Insurance or file a

proper Certificate of Exemption as provided for by the Workers' Compensation Act and execute a valid affidavit in accepting provisions of the Workers' Compensation Act as supplied with the contract.

107.22PREVAILING WAGE SPECIFICATIONS AND RATES—

and the implementing Regulations of the Pennsylvania Department of Labor and Industry, comply with the prevailing minimum wage predetermination requirements, as specified in the proposal, specifications, and contract.

employees engaged upon the project under contract, as mandated by the Pennsylvania Prevailing Wage Act, various applicable Federal acts, and the contract. Do not attempt to pass such responsibility elsewhere. Do not require employees to refund, directly or indirectly, any part of such wage(s). Where classification, reclassification, or additional classifications of workers are made according to the Pennsylv ania Prevailing Wage Act and its regulations, make no claim against the Department for additional compensation for such classification, reclassification, or additional classification. If after a contract has been awarded, it is decided, because of unforeseen construction development, to list an additional classification and wage rate, the Department, with or without application by the Contractor, will make written request for a wage determination by the Secretary of Labor and Industry. No person may be employed on the project under contract, except according to the classification set forth in the decision of the Secretary of Labor and Industry.

Prevailing Wage Act and various applicable Federal acts, including their implementing regulations, file with the Department a weekly statement and a final statement at the conclusion of project work under contract, certifying that all employees have been paid wages in conformity with the provisions of the contract, as prescribed by the regulations of the Pennsylvania Department of Labor and Industry, implementing the Pennsylvania Prevailing Wage Act. If any wages remain unpaid, list on the statement the amount of wages due to each employee. Certify that, directly or indirectly, no refunds are received from any employee of any such minimum wage(s), other than deductions authorized by the Pennsylvania Wage Payment and Collection Law, 43 P.S. 260.1. Use forms furnished by the Department and submit the forms to the District Executive within 7 days after the regular payment date of the payroll period. Payment of the current and semifinal estimates and final settlement certificate will be withheld if such certification is not submitted, using the proper form, within the prescribed time limit.

created for payroll submissions: “Labor Compliance-Prime Contractor Payroll” and “Labor Compliance-Sub- Contractor Payroll”. The Title for the Prime Contractor payrolls should consist of the Prime Contractor’s name and the payroll week ending date (YYYYMMDD). The Title for the Sub-Contractor payrolls should consist of the Sub-Contractor’s name and the payroll week ending date (YYYYMMDD). Example: the title for Prime Contractor ABC for payroll weekend ending January 30, 2019 is “ABC 20190130”. The title for Sub-Contractor XYZ for the same week is “XYZ 20190130”

Department of Labor and Industry. This notice is to be clearly legible and to be placed in a prominent and easily accessible place at the project site under contract, as well as at places where employees are paid their wages.

the information required by the regulations of the State Department of Labor and Industry implementing the State Prevailing Wage Act, as amended. Keep timecards of employees, as required by the cited regulations and act. In addition, keep the original signed indentures for each apprentice and the approvals of the Pennsylvania Apprenticeship and Training Council. Preserve the records for 2 years from the date of payment and keep open at all reasonable hours, for inspection by the Department and by the State Secretary of Labor and Industry. Make these records easily accessible within the State within a period of 7 days from the date on which the State Secretary of Labor and Industry requests in writing that such records be made available. For the purpose of such inspection, furnish the authorized inspectors of the Department every assistance in determining the wages paid in compliance with the regulations.

in withholding money due or to become due on the project contract. It will also result in termination of the right to proceed with the project work under contract and/or other penalties prescribed by law.

of the various Federal departments. Accordingly, the contract provisions and the penalties prescribed for their violations, both of which are required to be incorporated verbatim in all contracts for such Federal-Aid Projects, will be set forth in the proposal and the contract applicable to each project.

107.23HAULING RESTRICTIONS—

connection with the contract. Hauling restrictions on highways will be according to the applicable sections of the Pennsylvania Vehicle Code, Act of 1976, No. 81. Before submission of the bid, if truck delivery of long bridge members (in excess of 70 feet) is contemplated, obtain, in writing, a determination if a Department's hauling permit can be issued for the routing from the proposed source(s) of supply to the project. Without written permission, do not move and/or operate heavy -duty construction grading and hauling equipment over existing or new pavements, subbase, base and surface courses, and structures which will remain in service. No special permits will be required for the transfer of oversize or overweight equipment or vehicles from one work area to another work area within the project limits. However, correct any damage caused by the transfer of equipment or vehicles. If, in special cases, further restrictions are necessary, such restrictions will be indicated and/or specified in the proposal.

axle weight limits established in Chapter 49 of the Vehicle Code, 75 PA C.S. Chapter 49, or as posted by the Department.

it is determined that a vehicle owned or leased by the Contractor or any Subcontractor has been operated on public highways carrying a weight in excess of the above registered, gross or axle weight limits, the sum of $50 for each 500 pounds or part thereof of such excess weight will be deducted as liquidated damages from money due or to become due. These liquidated damages are attributable to inherent damage to the highway which is not readily ascertainable and do not relieve the Contractor of responsibility to pay ascertainable damage as may be required in other sections of these Specifications.

Section 107.23(b), the Contractor will be assessed liquidated damages as specified in Section 107.23(b)2. Weighing by a Department Weigh Team will not be required.

107.24ACCESSIBILITY OF FIRE HYDRANTS—Make necessary arrangements with the local authorities

to provide fire protection at all times. Keep the fire hydrants adjacent to the work readily accessible to fire apparatus and do not place material or other obstructions within 15 feet of any hydrant.

107.25DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGIOUS CREED, ANCESTRY, SEX,

AGE, OR NATIONAL ORIGIN PROHIBITED IN CONNECTION WITH EMPLOYMENT—

to which the employment relates, by reason of race, color, religious creed, ancestry, sex, age, or national origin.

and modified by Pennsylvania Human Relations Act 43 P.S. 951, may result in the deduction of money due or to become due for each violation. A second or subsequent violation will result in cancellation or termination of the contract upon which the violation occurred, and forfeiture of all money due or to become due, and other penalties prescribed by law.

apply.

107.26SELECTION OF LABORERS AND MECHANICS—This Section does not apply to projects which

are partially or totally financed with Federal funds.

rating, similar to that given to State employees, to any soldier making application for employment and on intended discharge for reduction in force. The word “soldier,” as used in the cited act, means a person who served in the armed forces of the United States or in any official women's organization, during any war or armed conflict in which the United States was engaged, and who has an honorable discharge from such service.

107.27WATERWAY REGULATIONS AND WATER POLLUTION CONTROL—

connected wetlands according to the requirements of permits or approvals issued by the U.S. Army Corps of Engineers, the U.S. Coast Guard, the DEP, the DCNR, and/or the Pennsylvania Fish and Boat Commission, whichever is applicable. Do not conduct work, including borrowing or wasting material other than indicated, in waterways, floodplains or their hydrologically connected wetlands before obtaining the required permits or approvals.

preventing the pollution of surface water and ground water resources.

and approved by the Governor on October 26, 1972, the statutes, rules, and regulations concerning anti-pollution measures have been enumerated in Appendix C, Designated Special Provision 9. Include in the bid price all costs of complying with the terms of the listed statutes, rules, and regulations. No separate or additional payment will be made for such compliance. I f the listed statutes, rules, and regul ations are amended, or if new statutes, rules, or regulations become effective, perform all additional and/or extra work deemed necessary, as ordered in writing and directed by the Representative, as specified in Section 110.03. Determine what local ordinances, if any, will affect the project work. Check for any county, city, borough, or township rules or regulations applicable to the area in which the project is being constructed, and, in addition, for any rules or regulations of other organizations having jurisdiction, such as chambers-of-commerce, planning commissions, industries, or utility companies who have jurisdiction over lands which the project occupies. Include any costs of compliance with local controls in the prices bid, even though documents of such local controlling agencies are not listed herein. No separate or additional payments will be made for complying with existing, amended, or new local ordinances, directives, or controls.

107.28EROSION 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:

• Do not start earth disturbance activities until written acknowledgement is received for the Transferee/Co-Permittee Application form completed as specified in Section 107.02(a).

• 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 approved Post Construction Stormwater Management (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 P lan 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).

• Installation of PCSM BMPs has 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 3 and 5, Appendix B, and Section 4 of the NOT Completeness Review and Fieldwork Checklist are fully executed. The NOT is to be accomp anied 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. Include a completed DEP Co- Permittee Liability Release Form with the NOT Form as well as other necessary documentation required for submission of the NOT.

107.29THIRD-PARTY LIABILITY—Contracts covered by these specifications are not to be construed for

the benefit of any person or political subdivision not a party to this contract, nor will this contract be construed to authorize any person or political subdivision not a party to this contract to maintain a lawsuit on or under this contract.

107.30SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES—This Section only applies

to projects which are partially or totally financed with Federal funds.

assure equal employment opportunity, as required by Executive Order 11246 and Executive Order 11375, are set forth in Required Contract Provisions (Form FHWA -1273) and these requirements; imposed pursuant to 23 U.S.C. 140, as established by Section 22 of the Federal-Aid Highway Act of 1968. The Equal Opportunity Construction Contrac t Specifications set forth under 41 CFR 60- 43 and the provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. The requirements set forth herein constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions.

obligations and in their review of contract activities.

minimum specific requirement activities of equal employment opportunity. The Equal Employment Opportunity Requirements of Executive Order 11246, as set forth in 23 CFR 633, are applicable to material suppliers as well as contractors and subcontractors. Include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor.

is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through positive continuing programs: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action includes: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship,

and/or on-the-job training.

officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who has the responsibility for and is capable of effectively administering and promoting an active company program of equal employment opportunity and who has been assigned adequate authority and responsibility to do so.

and discharge employees, or who recommend such action, or who are substantially involved in such action, fully cognizant of, and have them implement, the company's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement is met, take the following actions as a minimum:

1.a Conduct periodic meetings of supervisory and personnel office employees before the start of work and then not less often than once every 6 months, at which time the contract equal employment opportunity policy and its implementation will be reviewed and explained. Have the meetings conducted by the EEO Officer or another knowledgeable company official.

1.b Give all new company supervisory or personnel office employees a thorough indoctrination by the EEO Officer or other knowledgeable company official covering all major aspects of the company's equal employment opportunity obligations within 30 days following their reporting for duty on the pr oject.

1.c Instruct all company personnel who are engaged in direct recruitment for the project by the EEO Officer or appropriate company official in the company procedures for locating and hiring minority group employees.

employees, and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., take the following actions:

2.a Place notices and posters setting forth the equal employment opportunity policy in areas readily accessible to company employees, applicants for employment, and potential employees.

2.b Bring the equal employment opportunity policy and the procedures to implement such policy to the attention of company employees by means of meetings, employee handbooks, or other appropriate means.

Opportunity Employer.” Publish all such advertisements in newspapers or other publications having a large circulation among minority groups in areas from which the project work force would normally be derived.

public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, through the company EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to for company employment consideration. If a valid bargaining agreement exists providing for exclusive hiring hall referrals, observe the provisions of that agreement to the extent that the system permits compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorit ies or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.)

appropriate notices or bulletins in areas accessible to all such employees. In addition, discuss information and procedures with regard to referring minority group applicants with employees.

and take personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, without regard to race, color, religion, sex, or national origin. Follow the following procedures:

facilities do not indicate discriminatory treatment of project site personnel.

of discriminatory wage practices.

discrimination. Where evidence is found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, take corrective action to include all affected persons.

with obligations under this contract, attempt to resolve such complaints, and take appropriate corrective action within a reasonable time. If the investigation indicates that the discri mination may affect persons other than the complainant, include in such corrective action such other persons. Upon completion of each investigation, inform every complainant of all of his/her avenues of appeal.

and applicants for employment.

regulations, make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, provide 25% of apprentices or trainees in each occupation in their first year of apprenticeship or training. If the Special Provision for Trainees is provided under this contract, this subparagraph will be superseded.

requirements for each.

and encourage eligible employees to apply for such training and promotion.

effort to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of m inority and female employees. Actions either directly or through a contractor's association acting as agent will include the procedures set forth below:

employment.

agreement to the end that such union is contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin.

extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information, so certify to the Department and set forth what efforts have been made to obtain such information.

limit set forth in the collective bargaining agreement, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it is no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) If the union referral practice prevents meeting obligations pursuant to Executive Order 11246, as amended, and these requirements, immediately notify the Department.

with meaningful minority group and female representation among their employees. Obtain lists of minority-owned construction firms from Department personnel.

obligations.

opportunity obligations. Design the records kept to indicate:

1.a The number of minority and non- minority group members and women employed in each work classification on the project.

1.b The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force).

1.c The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees.

1.d The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees.

them available at reasonable times and places for inspection by authorized representatives of the Department and the FHWA.

project, indicating the work hours, number of minority, women and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form EO-400, and according to the instructions included thereon. Form PR-1391 is to be submitted annually for the month of July, reflecting personnel figures for the project work force, for the last payroll period preceding the 31st of the month. If on- the-job training is being required by Special Provision for trainees, furnish Form EO-365 for each trainee employed, on a monthly basis, and Form FHWA-1409 semi-annually.

107.31PUBLIC WORKS EMPLOYMENT VERIFICATION ACT—

replaced Act 127 of 2012, effective January 3, 2023. In accordance with the Act, public works contractors and subcontractors are required to utilize the Federal Government’s E -Verify system to ensure that all employees performing work onsite or offsite on the project, including subcontractor’s employees, are authorized to work in the United States.

Public Works Employment Verification Form (Form), located 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.

265-7207, signed by an authorized representative of the Contractor, possessing sufficient knowledge to make the representations and certifications on the 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 Form by 3:00 P.M. prevailing local time on the next business day. Failure or refusal to provide the Form will be considered a refusal to comply with bidding requirements, will result in rejection of the bid, and may subject the Contractor to the enforcement activities, sanctions and civil penalties specified in the Act.

work on the project, possessing sufficient knowledge to make the representations and certifications on the Form. Attach the Form on the Subcontractor Request Screen in ECMS before submitting the request for approval. Failure or refusal to provide the Form will be considered a refusal to comply with subcontractor approval requirements, will result in rejection of the subcontractor request, and may subject the subcontractor to the enforcement activities, sanctions and civil penalties specified in the Act. In clude information about the requirements of the Act in all subcontracts.

agency responsible for enforcement and administration of the Act. Please direct questions about the Act to:

Department of General Services Capital Programs Employment Verification Compliance Office 18th and Herr Streets Harrisburg, PA 17125 RA-GSGSeVerify@pa.gov

107.32USE OF UNITED STATES-FLAG VESSELS— For Federal-Aid contracts, the Contractor is referred

to the Form FHWA-1273 requirements in APPENDIX C, DESIGNATED SPECIAL PROVISION 8 (DSP8), Section XII. USE OF UNITED STATES-FLAG VESSELS.

107.33WORKER PROTECTION AND INVESTMENT

In accordance with the Governor’s Executive Order 2021- 06, Worker Protection and Investment , contractors and grantees of the Commonwealth must certify that 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:

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 submit the completed BOP -2201 Form in ECMS or email 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

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 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.