DEPARTMENT OF TRANSPORTATION [67 PA. CODE CH. 457] Prequalification of Bidders [36 Pa.B. 3273]
[Saturday, July 1, 2006]The Department of Transportation (Department), under section 404.1 of the State Highway Law (act) (36 P. S. § 670-404.1), proposes to amend Chapter 457 (relating to prequalification of bidders) to read as set forth in Annex A.
Purpose of this Chapter
The purpose of this chapter is to provide a method and manner, determined to be desirable by the Secretary of Transportation, to prequalify all contractors and subcontractors who seek to perform highway project work in this Commonwealth.
Purpose of this Proposed Rulemaking
The purpose of this proposed rulemaking is to amend the table in § 457.5 (relating to classification) by deleting the specific classification for Rest Area Structures and Buildings.
This proposed rulemaking is necessary because work associated with the N Work Classification Code (rest area structures, buildings) is not traditionally performed by highway construction contractors. Contractors who have expertise in this work are generally not prequalified by the Department. To attract a greater number of competent bidders, this type of work should be classified as miscellaneous work.
Persons and Entities Affected
This proposed rulemaking will affect contractors who wish to perform project work regarding the construction of rest area structures and buildings along highways in this Commonwealth.
Fiscal Impact
This proposed rulemaking will have little or no fiscal impact on contractors. The Commonwealth may realize cost savings in the construction of rest area structures and buildings in the availability of a greater number of contractors able to bid on this work.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 21, 2006, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Provisions
The Department is not establishing a sunset date for this regulation, since this regulation is needed to administer provisions required under the act. The regulations will be continuously monitored for effectiveness by the Department and the affected industry.
Public Comments and Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Joseph F. Cribben, P.E., Contract Evaluation Engineer, Contract Management Division, Bureau of Construction and Materials, P. O. Box 2855, Harrisburg, PA 17105-2855 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-407. No fiscal impact; (8) recommends adoption.
Annex A TITLE 67. TRANSPORTATION PART I. DEPARTMENT OF TRANSPORTATION Subpart B. NONVEHICLE CODE PROVISIONS ARTICLE III. HIGHWAYS CHAPTER 457. PREQUALIFICATION OF BIDDERS § 457.5. Classification.
(a) The contractor or subcontractor shall be classified according to the type of work and amount of work for which his experience and financial capacity will qualify him to bid. The types of work, as described in Department of Transportation Specifications, Publication 408, are listed as follows:
WORK CODE SECT. CLASSIFICATION EARTHWORK A 200 CLEARING & GRUBBING B 200 BUILDING DEMOLITION C 200 EXCAVATING & GRADING BASE COURSE D 300 RIGID BASE COURSE E 300 FLEXIBLE BASE COURSE PAVEMENT F 400 BITUMINOUS PAVEMENT F1 400 BITUMINOUS PAVEMENT PATCHING AND REPAIR G 500 RIGID PAVEMENT G1 500 RIGID PAVEMENT PATCHING & REPAIR INCIDENTAL CONSTRUCTION H 600 DRAINAGE, WATER MAIN, STORM SEWER J 600 GUIDE RAIL, STEEL MEDIAN BARRIER, FENCES J1 600 CONCRETE MEDIAN BARRIER K 600 CURBS, SIDEWALKS, INLETS, MANHOLES, ETC. L 600 SLAPJACKING-SUBSEALING ROADSIDE DEVELOPMENT M 800 LANDSCAPING [N REST AREA STRUCTURES, BUILDINGS] TRAFFIC ACCOMMODATIONS AND CONTROL O 900 PAVEMENT MARKINGS P 900 HIGHWAY/SIGN LIGHTING, SIGNAL CONTROL Q 900 MAINTENANCE AND PROTECTION OF TRAFFIC R 900 SIGN PLACEMENT (POST/ STRUCTURE MOUNTED) R1 900 SIGN STRUCTURES STRUCTURES S 1000 CEMENT CONCRETE STRUCTURES S1 1000 CULVERTS & SINGLE SPAN BRIDGES TO 80 FT S2 1000 REPAIR AND REHABILITATION OF STRUCTURES S3 1000 MODIFIED CONCRETE DECK OVERLAYS T 1050 ERECTION (STRUCTURAL MEMBERS) T1 1018 BRIDGE REMOVAL U 1005 PILE DRIVING V 1070 STEEL PAINTING (HIGH PERFORMANCE) V1 1071 STEEL PAINTING (CONVENTIONAL) MISCELLANEOUS Y OTHERS * * * * * [Pa.B. Doc. No. 06-1207. Filed for public inspection June 30, 2006, 9:00 a.m.]
