reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.7 - Purchase of materials and equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Advertisement.
The
					 advertisement for any purchase, whether to be picked up or delivered or, in
					 case of materials, to be applied in place, shall contain a reasonably complete
					 description and estimated quantities of the major items or categories of items.
					 The advertisement shall also indicate the requirement of a bid or performance
					 bond, or both.
(b)
Proposal.
The proposal shall contain the approximate number of
					 items or tons, gallons, square yards, the metric equivalent, or other standard
					 unit of measure, required, as reasonably estimated by the municipality.
(1) The bidder shall insert in the proposal:
(i) The unit price for each item.
(ii) The total price for each item (quantity
					 x unit price).
(iii) The total
					 price for any group of items which the proposal stipulates shall be supplied by
					 a single bidder.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.8 - Equipment rental

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
A contract in excess of $10,000 for the rental
					 of equipment shall be advertised, bid and bonded and a contract between $4,000
					 and $10,000 shall be awarded only after three telephone price quotes are
					 obtained, unless the work is performed by the municipality's own employee
					 forces. For contracts between $4,000 and $10,000, in lieu of the price
					 quotations, a memorandum shall be kept on file showing that fewer than three
					 qualified contractors service the market area within which it is practicable to
					 obtain quotations until a satisfactory audit of the contract is completed by
					 the Department of the Auditor General.
(1) The
					 advertisement shall contain a reasonably complete description of the type of
					 equipment, approximate length of time the equipment will be required and
					 whether the equipment shall be provided with operators.
(2) The proposal shall contain the
					 approximate number of hours, days, and the like that the equipment will be
					 required, as reasonably estimated by the municipality.
(3) Annual contracts for equipment rental and
					 labor shall be permitted.
(4) On
					 equipment rental contracts over $10,000, suppliers shall provide bonds in
					 accordance with the chart in §
												449.7(c)
					 (relating to purchase of materials and equipment).
(5) If rented equipment is subsequently
					 purchased, any rental paid in excess of an annual rate of 25% of the value of
					 the equipment shall be regarded as a part of the purchase price in determining
					 if the purchase must be advertised and bid.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.9 - Construction and maintenance contracts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Cost comparison.
Before
					 deciding to pave a road or street by purchasing materials and renting equipment
					 with operators, the municipality should compare the cost of having the job done
					 by contract.
(b)
Advertisement.
The advertisement for a construction or
					 maintenance contract shall contain a reasonably complete description of the
					 project, including the scope of the project and the type of work involved, as
					 well as bond requirements as indicated in subsection (f).
(c)
Proposal.
The proposal
					 shall contain the approximate number of tons or square yards of materials, or
					 the metric equivalents, required, as reasonably estimated by the municipality.
					 The bidder shall insert:
(1) The unit price
					 of each item.
(2) The total price
					 for each item (quantity x unit price).
(3) The total price for any group of items,
					 as to which the proposal requires a total or subtotal.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.10 - Investment of funds, use of loan, or bond issue proceeds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Liquid fuels tax
					 account.
All monies in the liquid fuels tax account may be invested so
					 as to earn interest until expended and may be combined with other municipal
					 funds for investment.
(b)
Loans or bonds.
All proceeds of any loan or bond issue made
					 for road or street improvement purposes must be used exclusively for road or
					 street improvement purposes. A single loan or bond issue shall not be made for
					 both a road or street improvement purpose and a nonrelated purpose.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.11 - Twenty percent funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Accumulation of 20% funds.
A municipality may accumulate its
					 road machinery and road equipment funds-20% funds-over a period of years
					 subject to the following limitations:
(1) The
					 full amount of 20% funds to be carried over from one year to the next shall be
					 on deposit in the Liquid Fuels Tax account at the end of the calendar year, and
					 shall be carried as part of the maintenance fund balance as reported on Form
					 MS-965.
(2) If 20% funds are
					 accumulated in an amount in excess of 100% of the most recent Liquid Fuels Tax
					 allotment, the municipal budget shall indicate the kind of road machinery or
					 road equipment which the municipality plans to purchase.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.12 - Annual qualification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements.
To qualify for its annual Liquid Fuels Tax
					 allocation, each municipality shall submit to the Department the following
					 documents and information:
(1) Evidence that
					 its treasurer is bonded in accordance with law, or that its treasurer is a bank
					 requiring no bond. This information is due on or before January 31 each year
					 and shall be submitted on Department Form MS-965.
(2) A report indicating the manner in which
					 its liquid fuels tax allocation was expended in the preceding year, the manner
					 in which it plans to expend its Liquid Fuels Tax allocation in the current year
					 and the amount of funds for road and street purposes to be raised by the
					 levying of taxes in the current year. This information shall be due on or
					 before January 31 each year on Department Form MS-965.
(3) A report of all elected and appointed
					 officials, indicating the official and address to which Liquid Fuels Tax
					 allocations and correspondence shall be forwarded. This information is due on
					 or before January 31 each year and shall be submitted on the appropriate
					 Department of Community and Economic Development forms:
(i) Form DCED-CLGS-19-2 for Cities.
(ii) Form DCED-CLGS-19-3 for
					 Boroughs.
(iii) Form DCED-CLGS-19-4
					 for First Class Townships.
(iv)
					 Form DCED-CLGS-19-5 for Second Class Townships.
(4) A copy of Form DCED-CLGS-69 (survey of
					 financial condition). This completed form must be received by the Department of
					 Community and Economic Development by March 15 each year.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.13 - Annual maintenance payments under section 9511 of the Vehicle Code

Current through Register Vol. 54, No. 28, July 13, 2024
Annual maintenance payments under
						75 Pa.C.S. §
												9511
						(relating to allocation of proceeds) shall be deposited into the municipality's
						liquid fuels tax account, and may be used on any streets and highways in the
						municipality in the same manner and subject to the same restrictions as liquid
						fuels tax funds paid under section 2615 of the act of June 1, 1956 (P. L.
						(1955) 1944, No. 655) (72 P. S. §
												2615).
The provisions of this §
													449.13 issued under the act of
						  June 1, 1956 (P. L. (1955) 1944, No. 655) (72 P. S. §§
														2615.1-2615.10); the Vehicle Code,
						  75 Pa.C.S. §§
														6103 and
						  9511.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.1 - Purpose; authority

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is promulgated for the purpose of
						controlling the establishment or maintenance or both, of junkyards and
						automotive dismantler and recycler businesses and activities within 1000 feet
						of the nearest edge of the right-of-way of any interstate or Federal aid
						primary highway.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.3 - Licensing requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
No person shall establish, maintain, use or
					 operate a junkyard or automotive dismantler and recycler business, within the
					 zone of control without a valid license as provided in this chapter.
(b)
Licensing period.
The
					 license will be effective from January 1 to December 31 of the license year.
					 Failure to renew the license within 60 days after notice of expiration will
					 cause the junkyard or automotive dismantler and recycler to be classified as
					 abandoned and require its removal at the expense of the owner.
(c)
Eligible locations.
Only
					 the following types of establishments shall be eligible for licensing within
					 the zone of control:
(i) Those legally in
					 existence on January 1, 1967, or those legally in existence along a highway
					 section which is made a part of the interstate or Federal aid primary highway
					 system after that date.
(ii) Those
					 not visible from the highway.
(iii)
					 Those located within zoned or unzoned industrial areas.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.4 - Control responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Screening by the Department.
Nonconforming junkyards or
					 automotive dismantlers and recyclers will be screened by the Department where
					 physically and economically feasible, utilizing current Federal and State
					 criteria, design manuals, standards, and specifications, provided Federal and
					 State participating funds are available.
(1)
					 The Department will individually analyze the screening required for each site
					 and develop a plan of control which meets the requirements of Federal and State
					 laws, standards, rules and regulations.
(2) The Department will not be responsible
					 for the preservation or maintenance of existing screening. Where the screening
					 is subsequently removed or becomes ineffective, the owner of the junkyard or
					 automotive dismantler and recyclers shall be required, after notice of the
					 violation by the Department, to provide the maintenance required in §
												451.5(a)
					 (relating to maintenance of junkyard or automotive dismantler and recycler
					 screening).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.5 - Maintenance of junkyard or automotive dismantler and recycler screening

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Owner's
					 maintenance responsibilities.
It shall be the responsibility of the
					 junkyard or automotive dismantler and recycler to maintain the screening
					 established by it, doing such painting and repairs as to keep any fences,
					 walls, or other structural material in good appearance. Plant material shall be
					 watered, pruned, cultivated and mulched, treated for insect and disease
					 control, and given any required maintenance to keep all plants in a healthy
					 condition. Dead plants shall be removed immediately and shall be replaced
					 during the next spring or fall planting season. Replacement plants shall be at
					 least as large as the initial plants and of the same species and quality,
					 unless approval for substitution is received from the Department.
(b)
Department's maintenance
					 responsibilities.
It will be the responsibility of the Department to
					 maintain, in a manner suitable to the Department, screening installed by the
					 Department, unless responsibility for maintenance has been assumed or agreed to
					 by the licensee.
(c)
Effect
					 or failure to maintain screening.
Failure to maintain screening shall
					 result in the revocation of the junkyard or automotive dismantler and recycler
					 license. The Department is authorized to take any necessary legal action to
					 cause the junkyard or automotive dismantler and recycler to provide such
					 maintenance of screening as is required to accomplish the aims of the
					 act.
(d)
Failure to
					 maintain screening.
Upon failure of a licensee to maintain screening
					 as provided in subsection (c) the Department will notify the licensee that
					 failure to commence remedial action within 30 days will constitute cause for
					 revocation of the license.
This section cited in 67 Pa. Code §
													451.4 (relating to control
						  responsibility).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.6 - Expansion of establishment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Where approved screening has been constructed or
					 where it exists naturally, no additional deposit of junk, visible from the
					 highway is permitted unless additional screening, approved by the Department,
					 is installed prior to the deposit. All additional screening shall be installed
					 at the expense of the owner.
(b)
Nonconforming junkyards.
Where any junkyard or automotive
					 dismantler and recycler is nonconforming and no screening exists, the area
					 occupied by junk may not be expanded vertically or horizontally in such a
					 manner that the additional junk will be visible from the highway, unless the
					 expanded area is screened by the owner in a manner approved by the
					 Department.
This section cited in 67 Pa. Code §
													451.8 (relating to issuance and
						  renewal of license).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.7 - Periodic inspection

Current through Register Vol. 54, No. 28, July 13, 2024
Department employes are authorized to enter onto the
						premises of any junkyard or automotive dismantler and recycler to insure that
						all provisions of the act, regulations, and licensing requirements are being
						complied with. If the inspection discloses that violation exist, a 30-day
						notice will be sent to the licensee by certified mail, stating the nature of
						the violation, ordering corrective actions to be taken within 30 days from the
						date of the notice, and informing the licensee that these regulations will be
						enforced if corrective action is not completed.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.8 - Issuance and renewal of license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Issuance.
Requirements for issuance of license shall be as
					 follows:
(1) Application for a junkyard or
					 automotive dismantler and recycler license, or for renewal of a license, shall
					 be made at the District Engineering Office which has jurisdiction over the
					 junkyard or automotive dismantler and recycler.
(2) Prior to issuance of a license, the owner
					 or operator of an existing or proposed junkyard or automotive dismantler and
					 recycler requiring screening shall do the following:
(i) Submit the application for license form
					 in triplicate to the appropriate District Engineer, accompanied by the required
					 fee of $100.
(ii) Upon notification
					 from the Department that proposed activity needs to be screened, develop or
					 have developed an acceptable screening plan.
(A) The plan shall be submitted in triplicate
					 on 22 by 36 inch sheets.
(B) At a
					 scale of one inch = 50 feet, the plans shall show two feet contours and all
					 details relative to the proposed screening, including, but not limited to, the
					 location of junk and proposed junk limits-horizontal and vertical-the location
					 and proposed location of natural screening, buildings, vegetation, earthen
					 features, and the like, proposed screening techniques, materials, name, sizes,
					 and the like.
(C) All proposed
					 construction details shall be accurately plotted on the plans and cross
					 sections. A minimum of three representative cross sections shall be plotted
					 through the junkyard area, from the main traveled way to the 1000-foot control
					 boundary.
(D) After review of the
					 proposed screening plan by the Department, the applicant shall be advised of
					 acceptability, or of any modifications required.
(E) The applicant shall complete the
					 screening approved by the Department within 6 months from the date of
					 approval.
(F) Upon notification
					 from the applicant that the screening is completed, the Department will inspect
					 and verify the effectiveness and compliance or noncompliance of the screen with
					 the plan, regulations, and the act.
(3) After inspection and acceptance by the
					 Department, a license will be issued for the balance of the calendar
					 year.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.9 - Display of license

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee shall display the license conspicuously at
						the site at all times.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 451 - CONTROL OF JUNKYARDS AND AUTOMOTIVE DISMANTLERS AND RECYCLERS › Section 451.10 - Penalty for violation

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's written notice of a violation of the
						act, or of this chapter, will document corrective action required within a
						30-day period. Failure to comply with this written notice will result in
						enforcement under section 11 of the act (36 P. S. §
												2719.11).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter is
					 designed to implement section 404.1 of the act (36 P. S. §
												670-404.1) by providing a method and manner,
					 determined to be desirable by the Secretary, for the processing and evaluation
					 of the capacity and qualifications of contractors and subcontractors to perform
					 highway project work in this Commonwealth.
(b) The following basic policy governs the
					 classification and prequalification of contractors and subcontractors:
(1) The institution of a system which will
					 permit a more efficient operation of the contract program for highway
					 projects.
(2) The minimization of
					 delays in the awarding of contracts after bids have been opened.
(3) The assurance of the integrity,
					 responsibility and competence of bidders.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.3 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Proof of competence and responsibility.
Persons proposing to
					 bid on work shall be required to establish proof of their competence and
					 responsibility, as provided in this chapter, before being permitted to bid on
					 the work, with the following exceptions:
(1)
					 Miscellaneous work excluded under §
												457.5(b)
					 (relating to classification).
(2)
					 Demolition work when the Department's estimate of costs for the same is less
					 than $25,000.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.4 - Statements to be furnished under oath

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
The following procedures shall be followed in
					 making a statement:
(1) The Contractor's
					 Financial Statement, Form 4300, Part 1: Organization and Experience Statement
					 Form 4300, Part 2, and Affirmative Action Statement Form 4300, Part 3 shall be
					 the documents used in determining qualifications of an applicant and capacity
					 to bid upon contract work undertaken by the Department. From the information
					 provided, the Department will establish whether the applicant is entitled to be
					 prequalified and receive a rating which will determine his maximum capacity and
					 classifications of work on which he shall be eligible to bid.
(2) Questions shall be answered fully and the
					 information requested be properly presented. The Department will return
					 incomplete forms for completion or correction. This action will delay review of
					 submittal by an applicant and the assignment of ratings.
(3) One set of each form shall be sent to
					 each applicant which shall be returned to the Department.
(4) A complete set of application forms may
					 be acquired from the Prequalification Office, Bureau of Construction and
					 Materials, Contract Management Division, Department of Transportation, 7th
					 floor, Forum Place, 555 Walnut Street, Harrisburg, Pennsylvania 17101-1900.
					 They shall be mailed or delivered to the Prequalification Office at this above
					 address.
(5) At the option of the
					 applicant, the submission of Contractor's Financial Statement, Form 4300, Part
					 1, may be omitted and in lieu thereof, the applicant will be assigned a maximum
					 capacity as specified in §
												457.5(f)(2)
					 (relating to classification). An applicant exercising this option shall be
					 considered eligible to perform work only as a
					 subcontractor.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.6 - Classification appeals procedure

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedures apply to classification
						appeals:
(1)
Informal
					 meeting.
A contractor or subcontractor dissatisfied with his
					 classification may submit, in writing, a request for an informal meeting to the
					 Prequalification Office within 10 working days after receipt of notice of
					 prequalification or denial thereof or other related action of the Department.
					 At the meeting, which shall be scheduled by the Department within 30 days after
					 receipt of a request therefor the contractor or subcontractor may present
					 further evidence with respect to financial responsibility, organization, plant
					 and equipment or experience and other relevant facts, as might tend to justify
					 a different classification or other determination by the Department.
(2)
Notification of
					 determination/formal classification hearing.
After hearing the
					 additional evidence, the Department will change or retain the classification
					 within 10 working days after the meeting and and will notify, in writing, the
					 contractor or subcontractor, accordingly. A contractor or subcontractor, if
					 dissatisfied with the determination of the Department following the informal
					 meeting, may, within 10 working days of the mailing date of the determination,
					 request in writing a formal classification hearing setting forth the reasons
					 therefor.
(3) A contractor or
					 subcontractor may forgo the informal meeting described at paragraph (1) and
					 directly appeal the classification determination of the Department by
					 requesting in writing a formal classification hearing setting forth the reasons
					 therefor, within 10 working days after receipt of notice of prequalification or
					 denial thereof or other related action of the Department.
(4) Classification hearings will be held in
					 conformity with 1 Pa. Code Part II (relating to general rules of administrative
					 practice and procedure) as supplemented by Chapter 491 (relating to
					 administrative practice and procedure). As set forth in §
											491.4 (relating to institution of
					 proceedings), requests for classification hearings, and all other papers
					 relating to the case, shall be filed with the Administrative Docket Clerk at
					 the following address:
Commonwealth of Pennsylvania, Department of
						Transportation, Administrative Docket Clerk, Commonwealth Keystone Building,
						400 North Street, 9th Floor, Harrisburg, Pennsylvania 17120-0096.
(5) Under §
											491.5 (relating to filing fee), a
					 filing fee in the required amount shall accompany a request for a
					 classification hearing.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.8 - Certification of classification and capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Bids will be accepted only from
					 contractors who have a current prequalification certificate in accordance with
					 this chapter. In those cases when either the bidder does not have adequate
					 current prequalification capacity rating, as required by subsection (b) or the
					 types of work on which the contractor has been classified and eligible to bid
					 do not constitute over 50% of the total bid price, the bid will be excluded and
					 rejected. Items noted in the proposal as specialty items may be
					 excluded.
(b) So that the
					 Department may have the necessary information to pass upon the ability of a
					 contractor to satisfactorily complete a project, contractors shall submit with
					 their proposal a certification of capacity to do the particular work. If the
					 contractor desires credit for subcontracted items of work on the particular
					 project, the contractor shall include the names of the subcontractors in the
					 proposal. Subcontractors so named shall have the necessary capacity and
					 classification. In making this certification, the contractor shall certify that
					 the current qualification amount, less amount of all uncompleted work which
					 includes subcontracts except as permitted by §
											457.16 (relating to sublettings)
					 the contractor has under contract is sufficient to cover the amount of the
					 proposal. The making of a false certification shall constitute cause for
					 rejection of the proposal of the contractor.
(c) The Department may reject a bid at any
					 time prior to the actual awarding of a contract if, in its judgment, the best
					 interest of the Commonwealth will be promoted thereby, or if there have been
					 developments subsequent to prequalification, which, in the opinion of the
					 Department would affect the responsibility of the contractor. In addition to
					 the right of the Department to reject, a bid may be rejected if it appears that
					 after the contractor was prequalified, the contractor was declared in default
					 on a project, or prequalification was suspended or withdrawn by the Department,
					 or a major change occurred in the management of the contractor's firm. Before
					 taking the action, the Department will as soon as possible notify the
					 contractor and give the contractor an opportunity to present additional
					 information to the Department.
This section cited in 67 Pa. Code §
													457.9 (relating to false
						  certification with bid).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.9 - False certification with bid

Current through Register Vol. 54, No. 28, July 13, 2024
If a contractor makes a false certification with regards
						to §
											457.8(a) or (b),
						or both (relating to certification of classification and capacity), the
						contractor shall pay to the Department as liquidated damages an amount equal to
						5% of the total amount of the bid or the contractor may be disqualified from
						bidding on future work for 90 days, or both, as deemed appropriate. If the
						contractor fails to make the payment within 30 days of notification, the
						contractor shall be disqualified for 1 year. An application for renewal of
						prequalification will not be considered by the Department until the contractor
						makes payment. In lieu of the assessment of liquidated damages or
						disqualification, or both, the Secretary may issue a warning to the contractor
						making a false certification when the infraction is the first offense of the
						contractor.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.10 - Past performance report

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Secretary may require the District Engineer, the Inspector General or other
					 designee to submit a confidential past performance report on a contractor
					 performing work for the Department.
(b) This report, and reports received from
					 outside entities, shall be used in conjunction with the other past performance
					 information for determining the past performance rating of the contractor which
					 rating shall be considered in determining the classification of the contractor
					 and his responsibility as a contractor. The past performance report shall
					 include evaluation of a contractor's attitude and cooperation, equipment,
					 organization and management, scheduling and work performance. Poor or
					 unsatisfactory ratings for specific work classifications shall constitute
					 justification for revoking classifications previously granted. A contractor who
					 has an overall unsatisfactory rating on performance reports will not be
					 prequalified. Reports shall be confidential.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.11 - Audit of contractor or subcontractor records

Current through Register Vol. 54, No. 28, July 13, 2024
The Department reserves the right, upon 10 days notice to
						the contractor or subcontractor, to review records of the contractor or
						subcontractor either as part of a random periodic review or as part of a
						specific inquiry. These records would include records that substantiate
						information in Parts 1, 2 and 3 of the prequalification
						application.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.12 - False statements in prequalification application or at hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A contractor, subcontractor or individual who knowingly
						makes or causes to be made, a false, deceptive or fraudulent statement on the
						prequalification application required to be submitted or in the course of a
						hearing held under this chapter may be temporarily suspended or may be debarred
						for a set period or permanently from bidding on or participating in State
						supervised or funded highway construction work.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.14 - Debarment appeals procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General provisions.
A contractor, subcontractor or individual
					 debarred by the Department under §
											457.13 (relating to suspension or
					 debarment) may appeal the debarment in writing within 10 working days after the
					 mailing date of the notice of debarment. The appeal shall set forth the basis
					 therefor.
(b)
Conformity
					 with administrative practice and procedures; requests for hearing.
Debarment hearings will be in conformity with 1 Pa. Code Part II (relating to
					 general rules of administrative practice and procedure), as supplemented by
					 Chapter 491 (relating to administrative practice and procedure). A filing fee
					 is not required for a debarment hearing. In §
											491.3 (relating to request for
					 hearing), requests for debarment hearings and all other papers relating to the
					 case shall be filed with the Department's Administrative Docket Clerk at the
					 following address:
Commonwealth of Pennsylvania, Department of
						Transportation, Administrative Docket Clerk, Commonwealth Keystone Building,
						400 North Street, 9th Floor, Harrisburg, Pennsylvania 17120-0096. Chief
						Counsel, 9th floor, 555 Walnut Street, Harrisburg, Pennsylvania
						17101-1900.
(c)
Informal meeting.
A contractor, subcontractor or individual
					 debarred by the Department may, after filing an appeal, request an informal
					 meeting with the Department prior to the holding of a debarment hearing for the
					 purpose of discussion of the debarment action or presentation of additional
					 evidence which the contractor, subcontractor or individual may want the
					 Department to take into consideration. Requests for informal meetings shall be
					 made in writing to the Prequalification Office. The Department will issue,
					 within 10 working days after an informal meeting, a written notification of
					 whether it is withdrawing or modifying the debarment action. The contractor,
					 subcontractor or individual may then, at his option, continue with, amend or
					 withdraw the appeal.
(d)
Debarment by other agencies.
A contractor, subcontractor,
					 supplier or individual debarred by the Commonwealth or an agency thereof under
					 the Commonwealth's Contractor Responsibility Program as set forth in Management
					 Directive 215.9 shall be subject to debarment by the Department without right
					 of appeal.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.15 - Joint venture bids

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permissible combination.
A combination of contractors which
					 combination shall be limited to three participants unless otherwise stated in
					 the proposal, and each of whom is prequalified in accordance with this chapter,
					 shall be permitted to bid jointly. Equal proportionate amounts of joint-bid
					 shall be charged against the maximum capacity rating of each participant in a
					 joint venture, unless otherwise indicated by the bidders in their
					 proposal.
(b)
Joint and
					 several responsibility.
If a joint venture proposal is submitted, it
					 shall be considered to be a proposal by each of the joint participants, jointly
					 and severally, for the performance of the entire contract as a joint venture in
					 accordance with the terms and conditions of the proposal.
(c)
Minimum performance
					 capability.
Each participant in a joint venture shall be capable of
					 performing at least 50% of the original contract price of the participant's
					 portion of the joint venture, or the bid will be rejected.
This section cited in 67 Pa. Code §
													457.5 (relating to
						  classification).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.16 - Sublettings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Credit.
The contractor shall be given credit for sublettings
					 on Department and Pennsylvania Turnpike Commission projects to which he makes
					 reference in his proposal form, providing the proposed subcontractors are
					 currently prequalified with the Department. Additional sublettings by the prime
					 contractor shall be permitted if prequalified subcontractors are proposed
					 following the opening of bids; but the prime contractor may not be given credit
					 in his total volume of work for additional sublettings.
(b)
Subletting to suspended, debarred
					 or disqualified contractors or subcontractors prohibited.
Contractors
					 or subcontractors engaged in State highway work under a contract with the
					 Department, or otherwise participating in State supervised or funded highway
					 construction work, may not sublet any part of the construction work to be
					 performed under the terms of that contract to any contractor or subcontractor
					 who is suspended, debarred or otherwise disqualified from bidding on or
					 participating in State highway construction work under §
											457.13 (relating to suspension or
					 debarment).
This section cited in 22 Pa. Code §
													457.5 (relating to
						  classification); and 22 Pa. Code §
													457.8 (relating to certification
						  of classification and capacity).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.17 - Notification

Current through Register Vol. 54, No. 28, July 13, 2024
Contractors are required to notify in writing the
						Prequalification Office within 30 days when there is a corporate or affiliate
						change, or a reduction of more than 20% of their maximum capacity rating, or
						both, as well as changes of information required by §
											457.4(b) and
						(c)(3)(xviii) (relating to statements to be
						furnished under oath). Failure to make the notification shall be cause for
						suspension of prequalification.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.2 - Purpose and application

Current through Register Vol. 54, No. 28, July 13, 2024
It is in the public interest to regulate the location and
						construction of utility facilities and other structures within State highway
						right-of-way for the purpose of insuring the structural integrity of the
						highway, economy of maintenance, preservation of proper drainage and safe and
						convenient passage of traffic. This chapter is made under the State Highway Law
						(36
						P. S. §§
												670-101-670-1102),
						including §§ 411, 420 and 702 (36 P. S.
						§§
												670-411,
						670-420 and
						670-702). Nothing contained
						herein is intended to relax existing safety requirements in Chapter 203
						(relating to work zone traffic control) and similar State and Federal safety
						requirements referred to in §
											459.7(2)
						(relating to general conditions).
The provisions of this §
													459.2 amended under 411, 420 and
						  702 of the State Highway Law (36 P. S. §§
														670-411,
						  670-420 and
						  670-702).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.3 - Permit application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Except as
					 provided in paragraphs (1)-(4) no work may be performed within the right-of-way
					 involving the placing of utility facilities or other structures or opening of
					 the surface without first obtaining a permit from the Department. Work
					 performed within the right-of-way shall conform to Chapter 203 (relating to
					 work zone traffic control).
(1) Emergency
					 repairs of utility facilities may be performed by using an emergency permit
					 card under §
												459.6 (relating to emergency
					 work).
(2) A permit application is
					 not required for modifying parts of existing permitted facilities, such as
					 cable within conduit on nonlimited access highways, cross arms or transformers
					 on poles, or manhole riser rings prior to roadway resurfacing, if no surface
					 opening is required.
(3) Permit
					 applications are not required for stringing overhead utility lines on
					 nonlimited access highways.
(4)
					 Permit applications are not required for accessing an existing utility facility
					 through a manhole except in limited access highway medians or interchange
					 areas.
(5) Work performed on or
					 across a limited access highway requires a permit.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.4 - Permit fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permit
					 application fees
. Application fees charged to defray costs incurred by
					 the Department in reviewing and processing the application and plans, including
					 the preliminary review of the site location identified in the application,
					 whether or not a permit is issued and processed shall be as follows:
(1) Application fee-$50.
(2) Supplement fee (each 6-month time
					 extension) (each submitted change)-$10.
(3) Emergency permit card (each
					 card)-$5.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 459 - OCCUPANCY OF HIGHWAYS BY UTILITIES › Section 459.5 - Issuance of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Upon approval of an application submitted under
					 this chapter, a permit will be issued by the appropriate district office,
					 subject to this chapter and the conditions contained in the permit and its
					 attachments and supplements. The permit shall be the applicant's authority to
					 proceed with the work specified in the permit. A copy of the permit and
					 relevant plans shall be available at the work site for review.
(b)
Permit requiring
					 agreement/security
. If the permittee will be authorized to perform a
					 substantial amount of work within the right-of-way, the Department may, at its
					 discretion, require the applicant to execute an agreement or provide security,
					 or both, as a prerequisite to issuance of the permit. If security is required,
					 it shall be delivered to the Department in a form and amount acceptable to the
					 Department and shall guarantee restoration and maintenance of the highway for a
					 period of at least 2 years after the acknowledged completion of the permitted
					 work. If the security is executed by a company registered and authorized to do
					 the business in this Commonwealth, the following documents are acceptable forms
					 of security:
(1) An individual or blanket
					 bond-Form M-945K-executed by the permittee and naming the Commonwealth as
					 obligee.
(2) An irrevocable letter
					 of credit-Form M-945L-signed by a bank officer and naming the Department as
					 sole beneficiary, to be honored on presentment.
(3) An assignment of cause of action-Form
					 M-945M-when authorized by the Department.
(4) An escrow account in a form acceptable to
					 the Department.