463_125581.pdf

ORDER NO.: 463

CONTRACT ID. NO.: CM425PMA125581

Form C-6a

Rev. 3-22-05

CNSP (F) 1-9-06

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

BID PROPOSAL AND CONTRACT

ROUTE NUMBER: VARIOUS

FHWA NUMBER:: PM04(531)

PROJECT NUMBER: PM4A-964-F25, P401

COUNTY: VARIOUS

DISTRICT: RICHMOND

DESCRIPTION: 2025 PLANT MIX - SECONDARY

LOCATION: VARIOUS

DATE BID SUBMITTED: 10:00 AM WEDNESDAY, DECEMBER 11, 2024

Form C-118 Rev. 2-1-24

COMMONWEALTH OF VIRGINIA

NOTICE TO BIDDERS

As a matter of information, the bidder’s attention is directed to the points noted herein. Every point enumerated below is fully covered by proposal documents that describe them in detail. Bidders should check their proposal against all requirements, as strict compliance with all provisions is mandatory.

1. Bids shall be filed electronically through Bidx (https://bidx.com/site/home) at the times designated in the Notice of Advertisement for Bids. For information see (https://cabb.virginiadot.org/)

2. Unless otherwise specified or permitted in the proposal, prices shall be submitted on all items shown in the proposal.

3. Proposals conditioned by proposed alternates, other than those specified or permitted, or by reserving the right to accept or reject an award or to enter into a contract pursuant to an award will not be considered.

4. A bid total shall be shown in each space provided.

5. Bid bonds shall conform to Section 102.07. The bid bond number shall be placed in the appropriate space in your electronic bid. As an alternative you may complete the bottom line of the Form C-24. This form may be mailed or faxed but must be received prior to the opening of the bids.

6. Joint venture proposals shall show the Firm Name of each party and shall be signed by an authorized representative of each Firm. A letter shall be filed with the prequalification office describing responsibility of each firm and the amount of maximum capacity pledge by each firm of a joint venture.

https://bidx.com/site/home http://cabb.virginiadot.org/

Form C-24

Rev. 7-6-05

COMMONWEALTH OF VIRGINIA

PROPOSAL GUARANTY

KNOW ALL MEN BY THESE PRESENTS, THAT WE As principal, and Surety, are held and firmly bound unto the

Commonwealth of Virginia as obligee, in the amount of FIVE PERCENT OF THE DOLLAR VALUE OF THE

BID, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents.

SIGNED, sealed and dated this Day of , 20

WHEREAS, the above said principal is herewith submitting its proposal for:

PROJECT NUMBER: PM4A-964-F25, P401

NOW, THEREFORE, the condition of the above obligee is such, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the time specified in the Specifications after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise to remain in full force and effect and the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the liability exceed the penal sum hereof.

(Principal*) (Surety Company)

By: By:

(Officer, Partner or Owner) (Seal) (Attorney-in-Fact**) (Seal)

(Principal*) (Address)

(Officer, Partner or Owner) (Seal) (Surety Company)

(Principal*) (Attorney-in-Fact**) (Seal)

(Officer, Partner or Owner) (Seal) (Address)

*Note: If the principal is a joint venture, each party thereof must be named and execution made by same hereon. If there is more than one surety to the bid bond, each surety must be named and execution shall be made by same hereon.

Electronic Bid Only: In lieu of completing the above section of the Contract Performance Bond, the Principal shall file an Electronic Bid Bond when bidding electronically. By signing below the Principal is ensuring the identified electronic bid bond has been executed and the Principal and Surety are firmly bound unto the Commonwealth of Virginia under the same conditions of the bid bond as shown above.

Electronic Bid Bond ID# Company/Bidder Name Signature and Title

**Attach copy of Power of Attorney

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

Form C-48 Rev. 07-31-24

SUBCONTRACTOR/SUPPLIER SOLICITATION AND UTILIZATION,

AND VENDOR SURVEY FORM (ALL VENDORS)

PROJECT

NO.

PM4A-964-F25, P401 CONTRACT I.D.

NO.

CM425PMA125581

FHWA NO. PM04(531) DATE SUBMITTED

All vendors submitting a bid as a Prime Contractor shall complete and submit with their bids the following information as requested for (1) Subcontractor/Supplier Solicitation, and Utilization, and (2) for Vendor Survey.

The vendor certifies this form accurately represents its solicitation and utilization or non-utilization, as indicated, of the firms listed below for performance of work on this contract. The vendor also certifies he/she has had direct contact with the named firms regarding participation on this project.

Vendor Signature:

Vendor ID No. Title:

Vendor’s Address: ____________________________________

City: __________________

State: __________________ Zip Code: _________

SUBCONTRACTOR/SUPPLIER SOLICITATION AND UTILIZATION (ALL)

VENDOR

NUMBER NAME OF SUBCONTRACTOR/SUPPLIER

TELEPHONE

NUMBER

DBE OR

NON-

DBE

UTILIZED

(Y/N)

NOTE: ATTACH ADDITIONAL PAGES, IF NECESSARY.

BIDDER MUST SIGN EACH ADDITIONAL SHEET TO CERTIFY ITS CONTENT AND COMPLETION OF FORM.

FEDERAL LAW REQUIRES ALL VENDORS SUBMITTING BIDS OR OFFERS PROVIDE THE INFORMATION

REQUESTED IN THIS FORM.

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

Form C-48 Rev. 07-31-24

VENDOR SURVEY

WHEN SUBMITTING A BID OR OFFER AS A PRIME CONTRACTOR, THE BIDDER MUST SUBMIT A

VENDOR SURVEY FOR THEMSELVES AND A VENDOR SURVEY FOR EACH SUBCONTRACTOR

AND SUPPLIER WHO SUBMITTED A BID OR QUOTE TO THE BIDDER.

VENDOR’S FULL LEGAL NAME: ________________________________________

VENDOR ID NO.: __________________

ADDRESS: ____________________________________

CITY: ____________________________________

STATE: _______________ ZIP CODE: _________

VENDOR’S YEARS IN BUSINESS: _____________

VENDOR’S STATUS: _____ DBE _____ NON-DBE

[DBE means a small business that is certified as a Disadvantaged Business Enterprise by the Virginia Department of Small Business & Supplier Diversity or the Metropolitan Washington Airports Authority.]

GENDER OF VENDOR’S MAJORITY OWNER: ____ MALE ____ FEMALE ____ OTHER

ETHNICITY OF VENDOR’S MAJORITY OWNER: ____ White (Defined in 49 CFR 26.5) ____ Black or African American

____ Hispanic American ____ Asian-Pacific American

____ Subcontinent Asian American

____ Native American, incl. Alaskan or Hawaiian

____ Other: ____________________________

VENDOR’S ANNUAL GROSS RECEIPTS: ____ $ 0 - 25 million ____ $ 25 - 50 million ____ $ 50 - 75 million ____ More than $75 million

THE UNDERSIGNED, ON BEHALF OF VENDOR IDENTIFIED ABOVE, ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY STATES THE INFORMATION CONTAINED HEREIN TO THE BEST OF VENDOR’S

KNOWLEDGE.

Printed Full Legal Name of Person Signing for Vendor

Signature: ____________________________________________

Form C-7 Rev. 2-2-24

TERMS OF THE PROPOSAL\CONTRACT

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

SUBMITTED: 10:00 AM WEDNESDAY, DECEMBER 11, 2024

PROJECT NUMBER: PM4A-964-F25, P401

ROUTE NUMBER: VARIOUS

FHWA NUMBER: PM04(531)

DESCRIPTION: 2025 PLANT MIX - SECONDARY

LOCATION: VARIOUS

DISTRICT: RICHMOND COUNTY: VARIOUS

I/we declare that no other person, firm or corporation is interested in this proposal; that I/we have carefully examined the plans, job specifications, current Road and Bridge specifications, and all other documents pertaining thereto and thoroughly understand the contents thereof; that I/we meet the prequalification requirements for bidding on this proposal;

that I/we understand that the plans and current Road and Bridge specifications, are a part of this proposal; that all of the quantities shown herewith are a part of this proposal; that all the quantities shown herewith are approximate only; that I/we have examined the location of the proposed work and source of supply of materials; and that I/we agree to bind myself/ourselves upon award by the Commonwealth under this proposal to a contract with necessary surety bond to start work according to project specifications, and to complete all work in accordance with the plans, job specifications and current Road and Bridge Specifications within the time limit set forth in the contract.

COMPLETION DATE: NOVEMBER 21, 2025

BID TOTAL $

Attached is a bond conforming to the requirements of the current Road and Bridge Specifications, it being understood that such bond is to be forfeited as liquidated damages if, upon acceptance of the terms of this proposal, I/we fail to execute the contract and furnish bond as provided in the current Road and Bridge Specifications.

(Names of Individual(S),Firm(S) Or Corporation)

Street Address City State Zip Code Vendor#/Fin#

Print Name Signature Title

In consideration of the commitments made as shown herein, the Commonwealth of Virginia by The Commonwealth Transportation Commissioner agrees to pay for all items of work performed and materials furnished at the unit price(s) and under the conditions set forth in this proposal, in witnessed by the affixing of the name below.

Contract Execution Date By

CHIEF ENGINEER

VIRGINIA DEPARTMENT OF TRANSPORTATION

Virginia Department of Transportation 10/28/2024Date Printed:

Schedule of Items Page: 2

Proposal ID: CM425PMA125581 PM4A-964-F25, P401 Order No.: 463

Oversight/State Project No.:

Federal Project No.: PM04(531)

Contractor:

0001 REGULAR BID ITEMSSECTION:

Cat Alt Set ID: Cat Alt Mbr ID:

Bid AmountUnit Price Approximate Quantity and

UnitsDescription Item ID

Proposal Line

Number Dollars Cents Dollars Cents Spec No.

0010 305SP20-0003

AGR. BASE MAT. TY.I OR II

NO. 21A OR 21B

TON

1,869.690

ATTD

0020 310SD20-0001

TACK COAT GAL

37,411.570

0030 315SD20-0024

ASPH. CONC. TY. SM-9.0A

MAINT

TON

10,654.900

0040 315SP20-0006

PAVEMENT SHOULDER

WEDGE PREP. CONST

LF

13,516.000

ATTD

0050 315SP20-0048

ASPH. CONC. BMD P+VO SM-

9.5A

TON

11,737.940

0060 315SP20-0049

ASPH. CONC. BMD P+VO SM-

9.5D

TON

3,017.700

0070 323SD20-0030

TRAVEL LANE PATCHING

(PATCH MIX TYPE) IM-19.0D

TON

1,117.000

0080 512SD20-0027

FLAGGER SERVICE HR

3,238.000

0090 512SD20-0042

ERADICATE LINEAR PVMT

MRKG

LF

70,804.000

0100 512SD20-0043

ERADICATE NONLINEAR

PVMT MRKG

SF

722.000

0110 512SD20-0046

TEMP. PVMT MRKG TY. A, 4" LF

274,244.000

0120 512SD20-0049

TEMP. PVMT MRKG TY. A, 12" LF

296.000

Schedule of Items Page: 3

Proposal ID: CM425PMA125581 PM4A-964-F25, P401 Order No.: 463

Oversight/State Project No.:

Federal Project No.: PM04(531)

Contractor:

0001 REGULAR BID ITEMSSECTION:

Cat Alt Set ID: Cat Alt Mbr ID:

Bid AmountUnit Price Approximate Quantity and

UnitsDescription Item ID

Proposal Line

Number Dollars Cents Dollars Cents Spec No.

0130 512SP20-0002

MAINTENANCE OF TRAFFIC

MAINTENANCE OF TRAFFIC

LUMP SUM _________._____LUMP SUM

0140 515SD20-0011

FLEX. PAVE. TIE-IN PLANING

0"-2"

SY

5,252.000

0150 515SD20-0013

FLEXIBLE PAVE.PLANING 0"-

2"

SY

81,359.520

0160 515SX20-0001

FLEX.PAVE.EDGE PLANING

MAINT

SY

20,134.420

ATTD

0170 704SD20-0006

TYPE B CLASS I PVMT LINE

MRKG 4"

LF

137,515.800

0180 704SD20-0008

TYPE B CLASS I PVMT LINE

MRKG 8"

LF

480.000

0190 704SD20-0009

TYPE B CLASS I PVMT LINE

MRKG 12"

LF

290.000

0200 704SD20-0010

TYPE B CLASS I PVMT LINE

MRKG 24"

LF

374.000

0210 704SD20-0035

PVMT MSG. MARK. "ONLY" TY

B, CL. I, 6'

EA

2.000

0220 704SD20-0044

PVMT SYMB MRKG THRU

ARROW TY B, CL I

EA

1.000

0230 704SD20-0047

PVMT SYMB MRKG SGL

TURN ARR. TY B CL I

EA

60.000

0240 704SD20-0050

DBL TURN ARR.THRU/LT OR

RT TY B, CL I

EA

2.000

Schedule of Items Page: 4

Proposal ID: CM425PMA125581 PM4A-964-F25, P401 Order No.: 463

Oversight/State Project No.:

Federal Project No.: PM04(531)

Contractor:

0001 REGULAR BID ITEMSSECTION:

Cat Alt Set ID: Cat Alt Mbr ID:

Bid AmountUnit Price Approximate Quantity and

UnitsDescription Item ID

Proposal Line

Number Dollars Cents Dollars Cents Spec No.

0250 704SD20-0059

SYMB MRKG LANE

REDUCTION ARR TY B CL I

EA

2.000

0260 704SD20-0123

PVMT MSG. MARK. “SCHOOL”

TY B, CL I, 10'

EA

1.000

Section: 0001 _________._____Total:

0002 ALTERNATE ITEMSECTION:

Cat Alt Set ID: Cat Alt Mbr ID:

Bid AmountUnit Price Approximate Quantity and

UnitsDescription Item ID

Proposal Line

Number Dollars Cents Dollars Cents Spec No.

0270 305SX20-0006

SELECT MATERIAL

ALTERNATE SHOULDER

MATERIAL

TON

1.000

ATTD

Section: 0002 _________._____Total:

Total Bid: _________._____

Page

Bid Items Eligible For Fuel Adjustment

CM425PMA125581

Contract ID:

Order No.:

Instructions: This form shall be completed in accordance with the Special Provision for Optional Adjustment for Fuel. If you choose to have Fuel Adjustment applied to any of the items listed below, write the word "Yes" in the "OPTION" column beside the item. The form must be signed, dated, and submitted to the Contract Engineer within the timeframe required in the Special Provision.

FORM C-21B

Rev 12-21-05

0001 REGULAR BID ITEMSSECTION:

ltem Description Fuel Factor gal/unit Option Item

Number

_______AGR. BASE MAT. TY.I OR II NO. 21A OR 21B 0.600305SP20-0003

_______TACK COAT 0.016310SD20-0001

_______ASPH. CONC. TY. SM-9.0A MAINT 3.500315SD20-0024

_______ASPH. CONC. BMD P+VO SM-9.5A 3.500315SP20-0048

_______ASPH. CONC. BMD P+VO SM-9.5D 3.500315SP20-0049

_______FLEX. PAVE. TIE-IN PLANING 0"-2" 0.071515SD20-0011

_______FLEXIBLE PAVE.PLANING 0"-2" 0.071515SD20-0013

0002 ALTERNATE ITEMSECTION:

ltem Description Fuel Factor gal/unit Option Item

Number

Date:

Signature:

(Firm or Corporation)

(Vendor No.)

Page

Bid Items Eligible For Asphalt Adjustment within this Project

CM425PMA125581

Contract ID:

Order No.:

0001 REGULAR BID ITEMSSECTION:

ltem Description Item

Number

TACK COAT310SD20-0001

ASPH. CONC. TY. SM-9.0A MAINT315SD20-0024

ASPH. CONC. BMD P+VO SM-9.5A315SP20-0048

ASPH. CONC. BMD P+VO SM-9.5D315SP20-0049

TRAVEL LANE PATCHING (PATCH MIX TYPE) IM-19.0D323SD20-0030

0002 ALTERNATE ITEMSECTION:

ltem Description Item

Number

Form C-110 Rev. 07-31-24

Bidder / Contractor Name:

Project No.

FHWA No.:

Contract ID:

Date Submitted:

*** INSTRUCTIONS ***

Submit this DBE Regular Dealer / Distributor Affirmation Form for each DBE listed as a regular dealer or distributor, on the Bidder’s Form C-111 within 5 days after the bid opening, along with Form C-112 - Certification of Binding Agreement. In the questions below, “you and “your” refer to the DBE.

Section 26.53(c)(1) of Title 49 Code of Federal Regulations requires the Virginia Department of Transportation to make a preliminary counting determination for each DBE listed as a regular dealer or distributor to assess its eligibility for 60 or 40 percent credit, respectively, of the cost of materials and supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in 49 CFR § 26.55(e)(2)(iv)(A),(B),(C), and (3) under the contract at issue. The preliminary determination will be based on the DBE’s written responses to relevant questions and its affirmation that its subsequent performance of a commercially useful function will be consistent with the preliminary counting of such participation.

DBE Name:

DBE Authorized Representative:

Total Amount of DBE Subcontract / Purchase Order:

NAICS Codes Applicable to Items Sold / Leased:

1. Will all items sold or leased be provided from the on-hand inventory at your establishment?

☐ YES (If "YES," you have indicated that your performance will satisfy the regular dealer requirements and may be counted at 60%. STOP here. Read and sign the affirmation below.)

☐ NO (If "NO" Continue.)

(a) Are you selling bulk items (e.g., petroleum products, steel, concrete, concrete products, sand, gravel, asphalt, etc.) or items not typically stocked due to their unique characteristics (aka specialty items)?

☐ YES (If "YES," Go to Question 2.)

☐ NO (If "NO" Continue.)

(b) Will at least 51% of the items you are selling be provided from the inventory maintained at your establishment, and will the minor quantities of items delivered from and by other sources be of the general character as those provided from your inventory?

☐ YES (If "YES," you have indicated that your performance will satisfy the regular dealer requirements and may be counted at 60%. STOP here. Read and sign the affirmation below.

☐ NO * (*If 1,1(a), and 1(b) above are "NO," your performance on the whole will not satisfy the regular dealer requirements; therefore, only the value of items to be sold or leased from inventory can be counted at 60%. Go to Question 3, below, to determine if the items delivered from and by other sources are eligible for Distributor credit.)

ORDER NO.: 463

CONTRACT ID. NO.: CM425PMA125581

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

DBE REGULAR DEALER/DISTRIBUTOR AFFIRMATION FORM

PM4A-964-F25, P401

PM04(531)

CM425PMA125581

Form C-110

2. Will you deliver all bulk or specialty items using distribution equipment you own (or under a long-term lease) and operate?

☐ YES (If "YES," you have indicated that your performance will satisfy the requirements for a regular dealer of bulk items and may be counted at 60%. STOP here. Read and sign the affirmation below.)

☐ NO (If "NO," your performance will not satisfy the requirements for a regular dealer of bulk items;

the value of items to be sold or leased cannot be counted at 60%. Go to Question 3.)

3. Will the written terms of your purchase order or bill of lading from a third party transfer responsibility, including risk for loss or damage, to your company at the point of origin (e.g. a manufacture's facility)?

☐ YES ☐ NO

(a) Will you be using sources other than the manufacturer (or other seller) to deliver or arrange delivery of the items sold or leased?

☐ YES ☐NO

(If you responded "YES" to both 3 and 3(a), you have indicated that your performance will satisfy the requirements of a Distributor; therefore, the value of items sold or leased may be counted at 40%.)

(If you responded "NO" to either 3 or 3(a), your performance will not satisfy the requirements for a regular dealer and counting of your participation is limited to the reasonable cost of fees or commissions charged, including transportation charges for the delivery of materials or supplies; the cost of materials or supplies may not be counted.)

For DBE:

I affirm that the information that I provided above is true and correct and that my company's subsequent performance of a commercially useful function will be consistent with the above responses. I further affirm that my company will independently negotiate price, order specified quantities, and pay for the items listed in the Bidder's Forms C-111 and C-112. This includes my company's responsibility for the quality of such items in terms of necessary repairs, exchanges, or processing of any warranty claims for damaged or defective materials.

Printed Name of DBE Owner/Authorized Representative Signature

For Bidder:

The Bidder acknowledges its responsibility for verifying the information provided by the DBE named above and ensuring that the counting of the DBE's participation is accurate. Any shortfall in DBE participation caused by errors in counting are the responsibility of the Bidder.

Printed Name of Bidder Owner/Authorized Representative Signature

Form C-111

PROJECT NO:

FHWA NO:

Contract ID No.:

Order No.:

* * * I N S T R U C T I O N S * * *

LIST THE DBE(S) WHO WILL PARTICIPATE IN THE CONTRACT, INDICATE THE WORK THEY WILL PERFORM, THEIR VENDOR ID AND DBE CERTIFICATION NUMBERS, AND THE DOLLAR AMOUNT OF PARTICIPATION, REDUCED AS NEEDED FOR REGULAR DEALERS (60%), DISTRIBUTORS (40%), AND BROKERS (FEES/COMMISSIONS). COUNT 100% FOR SUBCONTRACTORS AND MANUFACTURERS, AND FOR HAULERS THAT DELIVER MATERIALS AND SUPPLIES TO THE PROJECT SITE (EXCLUDING COST

OF THE MATERIALS AND SUPPLIES.

% X $ = $

DBE GOAL TOTAL CONTRACT VALUE MINIMUM DBE PARTICIPATION

DBE SUMMARY

DBE PARTICIPATION ATTAINED TOTAL: $ ____________

DBE PARTICIPATION ATTAINED PERCENTAGE: ___________%

I/WE CERTIFY THAT THE LISTED DBES WILL BE USED ON THIS CONTRACT AS STATED HEREIN AND THAT IN THE PERFORMANCE OF THE CONTRACT I/WE WILL MAKE GOOD FAITH EFFORTS TO MEET OR EXCEED THE DBE GOAL

ESTABLISHED FOR THE CONTRACT.

BY:

BIDDER'S NAME SIGNATURE DATE

Title:

NAME OF DBE

SUBCONTRACTOR

VENDOR

ID NO.

DBE

CERTIFICATION

NO.

SUBCONTRACT

VALUE

DBE USED AS

DOLLAR AMT

DBE CREDIT

SUBCONTR. (S)

MNFR. (M)

HAULER (H)

REG. DLR. (R)

DISTR. (D)

BROKER (B)

100% 100% 100% 60% 40%

Fees/Com

PM4A-964-F25, P401

PM04(531)

CM425PMA125581

ORDER NO.: 463

CONTRACT ID. NO.: CM425PMA125581

COMMONWEALTH OF VIRGINIA

MINIMUM DBE REQUIREMENTS

Form C-111

DBE ITEMS ENTRY

Instructions: For each DBE listed in the Summary on page 1, complete a DBE Item Entry form.

NOTE: To count toward the DBE goal, DBEs must be certified in NAICS codes applicable to kind of work they perform. A DBE's Certification number and NAICS Codes are shown in the DBE's listing in the DSBD DBE Directory at: https://directory.sbsd.virginia.gov/#/executiveExport

Full DBE Name: ______________________________________________

DBE Vendor ID No.: ___________ (DBE's number can be found on VDOT's List of Prequalified Vendors)

DBE Certification. No.: ____________________

DBE NAICS Code(s): _____________________________________________________________________

DBE Used As:

_______ Subcontractor (S) Eligible for 100% of Subcontract Value _______ Manufacturer (M) Eligible for 100% of Subcontract Value _______ Hauler (H) Eligible for 100% of Subcontract Value Excluding Materials ________ Regular Dealer (R) Eligible for 60%of Subcontract or PO Value ________ Distributor (D) Eligible for 40% of Subcontract or PO Value ________ Broker (B) Eligible for Fees / Commissions Only

WORK ASSIGNED TO DBE

Contract Bid Items Description Of Work QTY Unit DBE's Price Applicable

Dollar Amt DBE Credit

DBE Credit Total: $ _______________________

BY:

BIDDER'S NAME SIGNATURE DATE

Title:

[ATTACH ADDITIONAL SHEETS AS NECESSARY, EACH OF WHICH MUST BE SIGNED AND DATED.]

ORDER NO.: 463

https://directory.sbsd.virginia.gov/#/executiveExport

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

Form C-112 Rev. 3-1-11

CERTIFICATION OF BINDING AGREEMENT WITH

DISADVANTAGED BUSINESS ENTERPRISE FIRMS

Project No.: PM4A-964-F25, P401

FHWA NO: PM04(531)

This form is to be submitted in accordance with the Department’s Special Provision for Section 107.15.

It is hereby certified by the below signed Contractors that there exists a written quote, acceptable to the parties involved preliminary to a binding subcontract agreement stating the details concerning the work to be performed and the price which will be paid for the aforementioned work. This document is not intended to, nor should it be construed to, contain the entire text of the agreement between the contracting parties.

This document does not take the place of, nor may it be substituted for, an official subcontracting agreement in those situations that may require such an agreement. A copy of the fully executed subcontract agreement shall be submitted to the Engineer within fourteen (14) working days after contract execution.

It is further certified that the aforementioned mutually acceptable quote and fully executed subcontract agreement represent the entire agreement between the two parties involved and that no conversations, verbal agreements, or other forms of non-written representations shall serve to add to, delete, or modify the terms as stated.

The prime Contractor further represents that the aforementioned mutually acceptable quote and fully executed subcontract agreement shall remain on file for a period of not less than one year following completion of the prime's contract with the Department or for such longer period as provisions of governing Federal or State law or regulations may require. For purposes of this form, the term Prime Contractor shall refer to any Contractor utilizing a DBE subcontractor, regardless of tier, in which they are claiming DBE credit toward the contract goal.

Contractors further jointly and severally represent that said binding agreement is for the performance of a "commercially useful function" as that term is employed in 49 C.F.R. Part 26.55 (c), (d).

TO BE SIGNED BY THE SUBCONTRACTOR TO THE PRIME CONTRACTOR, AND ANY LOWER TIER

SUBCONTRACTORS HAVING A CONTRACT WITH THE BELOW NAMED DBE FIRM

Prime Contractor:

By:

Signature Title

Date:

Form C-112 Rev. 3-1-11

First Tier Subcontractor If Applicable:

By:

Signature Title

Date:

Second Tier Subcontractor If Applicable:

By:

Signature Title

Date:

Third Tier Subcontractor If Applicable

By:

Signature Title

Date:

DBE Contractor

By:

Signature Title

Date:

FORMS and SCHEDULE OF ITEMS PRECEDE SPCNs, SPs and SUPPLEMENTAL SPECS.

*CN100-000026-08 GEN. PROJ. REQUIRE., SSS/SPS/SPCNS 4-4-22 (SPCN) 1

CN102-000100-01 ALT. CAT. BID ITEM AND AWARD OF CONTRACT 7-13-16 (SPCN) 2

CN103-000100-00 SECTION 103.02—AWARD OF CONTRACT 6-25-24 (SPCN) 3

CN104-000110-00 SEC. 104.01—INTENT OF CONTRACT R-7-12-16 (SPCN) 3

CN107-002110-01 SEC. 107.21(D) CONST. LOADING OF STRUCT. 10-30-17 (SPCN) 4

CN108-000110-00 SEC. 108.01—PROSECUTION OF WORK R-7-12-16 (SPCN) 4

CN315-000100-00 SEC. 315.05(C) PLACING AND FINISHING 1-18-17 (SPCN) 5

CN510-000100-00 LOCATE/REPLACE PAVEMENT MARKERS R-7-12-16 (SPCN) 5

CN512-000100-00 TABLE V-1, ADT GROUPS 7-12-16 (SPCN) 5

CN512-000120-00 SEC. 512—MAINTAINING TRAFFIC (IMPACT ATTEN. SER.) 7-13-16_(SPCN) 6

CN515-000100-02 DISINCENTIVE FOR PLANING IN MULTIPLE LANES 11-23-16 (SPCN) 6

*DRUG-FREE WORKPLACE 7-3-19 (SPCN) 7

CQ107-000150-00 EQUAL EMPLOYMENT OPPORTUNITY 5-11-22 (SPCN) 8

WORK ZONE LAW ENFORCEMENT ASSISTANCE FOR PAVEMENT SCHEDULES 4-22-24 (SPCN) 9

CANCELLED ACTIVITY NOTIFICATION 12-5-13 (SPCN) 9

FLEXIBLE PAVEMENT EDGE PLANING MAINTENANCE 12-12-18 (SPCN) 10

SHOULDER MAINTENANCE MATERIAL 8-1-18 (SPCN) 10

CONTRACTOR OPTION — TYPE B-II MARKINGS ON SYMBOLS/MESSAGES 8-3-23 (SPCN) 10

SP0F0-000100-00 PREDETERMINED MIN. WAGE RATES R-7-12-16 11

SP0F0-000130-02 FHWA 1273—REQ. PROVISIONS, FED-AID 10-3-23 36

SP0F0-000150-01 AFFIRMATIVE ACTION / EEO NOTICE 7-17-17 63

SP102-000120-00 NON-DISCRIMIN. EMPLOY. & CONTRACT. PRACTICES (EO-61) 1-10-17 69

SP105-000100-00 INFORMAL PARTNERING R-7-12-16 70

*SP107-000120-00 ELEC. SUBMISSION OF DBE AND PAYROLLS 1-21-20 72

SP107-001510-04 DBE REQUIREMENTS 6-5-24 74

*SP109-000100-05 ASPHALT MATERIAL PRICE ADJUSTMENT 7-8-24 96

SP109-000110-00 OPTIONAL ADJUSTMENT FOR FUEL R-7-12-16 98

SP109-000130-00 ELECTRONIC WEIGH TICKETS 10-10-19 100

*SP211-000100-03 SEC. 211—ASPHALT CONCRETE 3-28-22 102

SP305-000100-01 SHOULDER RENOVATION 10-3-16 103

SP305-000110-00 STABILIZED/PAVED SHOULDER OVERLAY R-7-12-16 107

*SP315-000320-01 PAVEMENT SHOULDER WEDGE 9-16-19 109

SP512-000120-04 SEC. 512—MAINTAINING TRAFFIC FOR RESURF. PROGRAM 6-12-23 113

SP515-000100-00 COLD PLANE (MILL) ASPHALT CONC. OPERATIONS 7-12-16 117

*SP704-000100-06 SEC. 704—PAVEMENT MARKINGS AND MARKERS 6-12-23 122

SP801-000100-01 LANE CLOSE COORD (LCC)/LANE CLOSE IMPLEMENT (LCI) 9-20-17 137

PUBLIC NOTICE OF PARKING RESTRICTIONS (PLANT MIX) R-7-12-16 139

SEC. 105.03 – PROJ. COMMUNICATION & DECISIONS (ASP. SCHED. ONLY) 10-7-16 143

SEC. 105.06—SUBCONTRACTING (FEDERAL FUNDED PROJECTS) 2-9-17_(SP) 145

SQ107-001300-00 PREVAILING WAGE RATES 10-12-2023 146

SQ315-000200-24 BALANCED MIX DESIGN DESIGN USING PERF. CRITERIA 4-24-23 150

SQ704-000110-00 PAVEMENT MARKINGS AND MARKERS (DATA LOGGER SYSTEM) 9-25-20 154

SS109-002020-01 SEC. 109—MEASUREMENT AND PAYMENT 5-1-23 156

*SS211-002020-03 SECT 211 – ASPHALT CONCRETE 3-18-24 159

*SS220-002020-01 SEC. 220 – CONCRETE CURING MATERIALS 8-28-20 164

SECTION 223 – STEEL REINFORCEMENT 04/04/2023 165

*SS234-002020-01 SECTION 234 – GLASS BEADS AND RETROREFLECTIVE OPTICS 5-6-22 166

*SS235-002020-01 SECTION 235 – RETROREFLECTORS 5-6-22 167

SS236-002020-01 SECTION 236 – WOOD PRODUCTS 5-14-21 168

*SS246-002020-02 SECTION 246 – PAVEMENT MARKING 5-6-22 172

SS248-002020-02 SECTION 248 – STONE MATRIX ASPHALT CONCRETE 3-18-24 180

TABLE OF CONTENTS FOR PROVISIONS

*SS305-002020-02 SECTION 305 – SUBGRADE AND SHOULDERS 12-20-23 182

SS308-002020-01 SECTION 308 -SUBBASE COURSE 7-13-21 184

SS309-002020-01 SECTION 309 - AGGREGATE BASE COURSE 7-13-21 185

SS315-002020-04 SECTION 315 – ASPHALT CONCRETE PLACEMENT 6-16-23 186

SS317-002020-01 SECTION 317— STONE MATRIX ASPHALT CONCRETE PLACEMENT 6-21-24

SS318-002020-01 SECTION 318—PAVEMENT INTERLAYERS 8-2-23 207

*SS319-002020-02 SECT 319 – THIN HOT MIX ASPHALT CONCRETE OVERLAY 3-18-24 208

*SS407-002020-02 SEC. 407 – STEEL & METAL STRUCT 11-01-22 212

*SS411-002020-01 SEC. 411 – PROT. COAT. OF METAL 11-01-22 214

*SS512-002020-03 SECTION 512 – MAINTAINING TRAFFIC 7-1-22 215

*SS704-002020-02 SECTION 704 – PAVEMENT MARKINGS AND MARKERS 5-6-22 229

NO PLAN ASSEMBLY 235

cn100-000026-08 GENERAL PROJECT REQUIREMENTS, SUPPLEMENTAL SPECIFICATIONS (SSs), SPECIAL PROVISIONS (SPs) AND SPECIAL PROVISION COPIED NOTES (SPCNs)

This project shall be constructed according to: the plans; the Virginia Department of Transportation Road and Bridge Specifications, dated 2020 and the Supplement thereto, dated 2022; the Virginia Department of Transportation Road and Bridge Standards, dated 2016, with revisions issued online as of the advertisement date for this project incorporated; the 2011 edition of the Virginia Work Area Protection Manual with Revision Number 2.1 incorporated, dated November 1, 2020; the 2009 edition of the MUTCD with Revision Numbers 1 and 2 incorporated, dated May 2012; and the 2011 edition of the Virginia Supplement to the MUTCD with Revision Number 1 dated September 30, 2013; and the Supplemental Specifications, Special Provisions and Special Provision Copied Notes in this contract. The status in the Contract of each of these documents will be according to Section 105.12 of the Specifications.

Special Provision Copied Notes in this contract are designated with “(SPCN)” after the date.

The information at the top and left of each Special Provision Copied Note in this contract is file reference information for Department use only. The information in the upper left corner above the title of each Supplemental Specification and Special Provision in this contract is file reference information for Department use only.

4-4-22 (SPCN)

cn102-000100-01 ALTERNATE CATEGORY BID ITEM AND AWARD OF CONTRACT

The Bidders’ attention is directed to the division of the Schedule of Bid Items into two sections, Section 0001 and Section 0002. The description of these two sections is as follows:

Section 0001

Base Bid - Standard Items required for the construction of the work listed in these schedules.

Section 0002

Alternate Category “A” Bid Item –Shoulder Maintenance Material** for possible use in SHOULDER RENOVATION work in these schedules

Bidders shall furnish prices on all bid items in Section 0001, and may also supply a price for the bid item in Section 0002. The award of the contract will be made to the responsive and responsible bidder submitting the lowest Base Bid for Section 0001. If the Contractor has also supplied a price for Section 0002, then the Department, with the concurrence of the Contractor, may allow the use of Shoulder Maintenance Material for shoulder renovation in lieu of, or in addition to, the graded Aggregate Material specified in Section 0001. Any use of the Shoulder Maintenance Material or a combination blend must be approved for use by the Engineer before Shoulder Renovation operations begin; however, such approval is conditional, and its continued use based on successful performance in the field as determined by the Engineer. In the event the Shoulder Maintenance Material in Section 0002 is not approved for use, or no price for Shoulder Maintenance Material was included in the bid, the Contractor shall use the specified Aggregate Base Material for shoulder renovation work at the price provided in the Base Bid in Section 0001.

In the event the use of Shoulder Maintenance Material is permitted by the Engineer for Shoulder Renovation operations and results in the field prove unacceptable to the Department or the Contractor, the permission for its continued use will be withdrawn, and the Contractor shall use the specified Aggregate Base Material at the price provided in the Base Bid in Section 0001.

The award of the Contract will be in accordance with Section 103.02 of the

Specifications except as amended herein.

** Shoulder Maintenance Material shall be as specified in Special Provision for Shoulder Renovation (10-3-16) Note: The use of CHCC or any CHCC blended material as Shoulder Maintenance Material will only be permitted in areas meeting the following conditions: No more than 3 feet in width and no more than 3 inches in compacted depth once placed.

7-13-16 (SPCN)

https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn102-000100-01.docx https://outsidevdot.cov.virginia.gov/P0JQP/_layouts/WordViewer.aspx?id=/P0JQP/2016_Standard_Specifications/SP305-000100-01.docx https://outsidevdot.cov.virginia.gov/P0JQP/_layouts/WordViewer.aspx?id=/P0JQP/2016_Standard_Specifications/SP305-000100-01.docx https://outsidevdot.cov.virginia.gov/P0JQP/_layouts/WordViewer.aspx?id=/P0JQP/2016_Standard_Specifications/SP208-000100-00.docx cn103-000100-00 SECTION 103.02—AWARD OF CONTRACT of the Specifications is replaced in its entirety with the following:

103.02 – Award of Contract

The Board, or the Commissioner as authorized under § 33.2-209 of the Code of Virginia, will award the Contract to the lowest responsive and responsible bidder without discrimination on the grounds of race, color, gender, or national origin, or other basis prohibited by law. In the event of a tie bid, the tie will be decided by lot.

The award date will not be later than midnight on the 60th day after the opening of bids. If the Board, or the Commissioner where authorized by law, has not awarded the Contract within this period due to any circumstances not attributable to the bidder, the bidder may withdraw his bid without penalty or prejudice unless the time limit is extended by mutual consent.

After approval for the award of contracts, the Department will provide written notice of award to the successful bidder and will post the Ballots on the Department’s bidding webpage. The Ballot serves as public Notice of Award for a contract. The date of the Notice of Award is the “Approved” date appearing at the top of the Ballot that lists the Contract.

6-25-24 (SPCN)

cn104-000110-00 SECTION 104.01—INTENT OF CONTRACT of the Specifications is replaced by the following:

The intent of the Contract is to provide for the completion of all work specified therein.

The Contractor shall base his bid on the cost of completing all work specified in the Contract.

Budgetary constraints as deemed necessary by the Department may be imposed at any time during the life of the Contract. This may affect the number of routes paved and thus the final quantity of work to be performed.

If prior to initiating or during the performance of the work, the Engineer determines that the cost of completion of all work specified in the Contract will exceed the limits of the budgeted funds, the Contractor will be notified immediately. With such notice the Engineer will specify which routes will be deleted according to the Department’s predetermined listing of priorities.

If after routes are deleted and work proceeds, budgets revisions indicate that the cost of work to be completed by the Contractor will fall below the limits of the budgeted funds, the Department will determine which of the previously deleted routes will be returned to the Schedule to be completed at the contract unit price.

10-21-08; Reissued 7-12-16 (SPCN) [formerly cn104-010100-00] https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn104-000110-00docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn104-010100-00.docx cn107-002110-01 SECTION 107.21(d) CONSTRUCTION LOADING OF STRUCTURES of the Specifications is replaced with the following:

(d) Construction Loading of Structures: In the course of planning and prosecuting the work for the asphalt maintenance schedules in the Contract, the Contractor shall consider the size and weight limitation of any existing structure(s) affecting the prosecuting the work in a schedule when contemplating construction loads, equipment access, haul and delivery routes of materials, and other related activities. If the size or weight limitation of an existing structure changes after the receipt of bid date for the Contract and remains so up to and including the actual prosecution of work for a schedule in the Contract, preventing or limiting access across the structure, and the Contractor determines this limitation impacts his operations; he shall notify the Engineer of such change. If the Engineer confirms such change has occurred, the change will be considered a change to the character of the work according to the provisions of Section 104.02(b) of the Specifications and is eligible for adjustments according to the provisions therein.

10-30-17 (SPCN) [formerly cn107-210100-01] cn108-000110-00 SECTION 108.01—PROSECUTION OF WORK is amended to add the following:

Once the Contractor has begun work on a given schedule or portion thereof he shall endeavor to prosecute such work fully and continuously according to the details and requirements of the Contract to its completion. In the event the Contractor has to temporarily suspend the work on a given schedule or portion thereof he shall notify the Engineer at least 24 hours in advance of the time and date he plans to pull off the work site. Prior to leaving the work site, the Contractor shall ensure the work site has been properly and safely secured to protect the traveling public according to the provisions of the Virginia Work Area Protection Manual, the MUTCD, Section 512 of the Specifications, and other requirements included in the Contract.

8-17-10; Reissued 7-12-16 (SPCN) [formerly cn108-010100-00] https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn107-002110-01.docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/BK104-002016-00.docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn107-210100-01.docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn108-000110-00.docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn108-010100-00.docx cn315-000100-00 SECTION 315.05(c) PLACING AND FINISHING is modified by replacing the third paragraph with the following:

The longitudinal joint in one layer shall offset that in the layer immediately below by approximately 6 inches or more. The joint in the wearing surface shall be offset 6 inches to 12 inches from the centerline of the pavement if the roadway comprises two traffic lanes. The joint shall be offset approximately 6 inches from the lane lines if the roadway is more than two lanes in width. The longitudinal joint shall be uniform in appearance. On all roads except secondary routes, if the offset for the longitudinal joint varies from a straight line more than 2 inches in 50 feet on tangent alignment, or from a true arc more than 2 inches in 50 feet on curved alignment, the Contractor shall seal the joint using a water-proof sealer at no cost to the Department. The Contractor shall recommend a sealant and installation procedure to the Engineer for approval before proceeding. On all roads except secondary routes, if the offset for the longitudinal joint varies from a straight line more than 3 inches in 50 feet on tangent alignment, or from a true arc more than 3 inches in 50 feet on curved alignment, the Engineer may reject the paving. The Engineer will not require offsetting layers when adjoining lanes are paved in echelon and the rolling of both lanes occurs within 15 minutes after laydown.

1-18-17 (SPCN)

cn510-000100-00 LOCATING, REMOVING AND DISPOSING OF RECESSED PAVEMENT MARKERS AND RAISED SNOW-PLOWABLE MARKERS — The Contractor shall locate, remove and dispose of existing recessed pavement markers and raised snow-plowable markers prior to resurfacing. The cavity left by the removal of the existing recessed pavement markers shall be cleaned of debris, filled with the approved mix for resurfacing and compacted. Locating, removing and disposing of recessed pavement markers and raised snow-plowable markers;

cleaning and filling the cavity, and compacting the material placed in the cleaned cavity will not be measured for payment. The cost for performing this work shall be included in the price bid for other appropriate items of work.

10-17-10; Reissued 7-12-16 (SPCN) cn512-000100-00 TABLE V-1, ADT GROUPS — The Specifications are amended to include the following table:

TABLE V-1

Average Daily Traffic (ADT) Groups

Traffic Group ADT Traffic Group ADT

I 0-9 X 2,000-2,999

II 10-24 XI 3,000-3,999

III 25-49 XII 4,000-4,999

IV 50-99 XIII 5,000-5,999

V 100-249 XIV 6,000-9,999

VI 250-399 XV 10,000-14,999

VII 400-749 XVI 15,000-19,999

VIII 750-999 XVII 20,000-29,999

IX 1,000-1,999 XVIII 30,000-39,999

XIX 40,000 & over

7-12-16 (SPCN)

https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn315-000100-00.docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn510-000100-00.docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn512-000100-00.docx cn512-000120-00 SECTION 512—MAINTAINING TRAFFIC of the Specifications is amended as follows:

Section 512.03(i)—Impact Attenuator Service is amended to replace the second paragraph with the following:

Only Type 1 re-directive low-maintenance impact attenuators in accordance with Section 505 shall be used on highways with posted speed limits greater than 50 mph or with an ADT greater than 25,000 vehicles per day.

7-13-16_(SPCN)

cn515-000100-02 DISINCENTIVE FOR PLANING IN MULTIPLE LANES

The Special Provision for COLD PLANING (MILLING) ASPHALT CONCRETE OPERATIONS “SP515-000100-00” dated July 12, 2016 is amended as follows:

Section III.A.1. Regular planing and performance planing in multiple lanes is amended to replace the first bulleted subparagraph of the fourth

● The Contractor will be limited in the case of regular pavement planing, whether in a single lane or multiple lane operation, to only that amount of pavement that can be paved back within 24 hours of completion of planing that roadway or portion of roadway.

Single-lift operations must be restored to final elevation to satisfy this requirement. If the Contractor elects not to pave back the planed travel lanes within 24 hours from the end of the regular planing operation, or is prevented from doing so by predictable weather, the Department will assess a disincentive in the amount of $5,000 for each calendar day the planed travel lane surface is not paved back, including Sundays and Holidays.

Section III.A.1. Regular planing and performance planing in multiple lanes is amended to replace the first bulleted subparagraph of the fifth

● Performance pavement planing may be performed in multiple lanes across the entire widths of the lanes up 4 miles of travel lane unless otherwise stated in the Contract. Performance planed travel lane surfaces must be paved back within 96 hours from the end of the performance planing operation. Single-lift operations must be restored to final elevation to satisfy this requirement. If the Contractor elects not to pave back the planed travel lanes within 96 hours from the end of the performance planing operation, or is prevented from doing so by predictable weather, the Department will assess a disincentive in the amount of $5,000 for each calendar day the planed travel lane surface is not paved back, including Sundays and Holidays.

11-23-16 (SPCN)

https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn512-000120-00.docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn515-000100-02.docx https://outsidevdot.cov.virginia.gov/P0JQP/_layouts/WordViewer.aspx?id=/P0JQP/2016_Standard_Specifications/SP515-000100-00.docx

DRUG-FREE WORKPLACE– The Contractor shall:

• Provide a Drug-Free Workplace for the Contractor’s employees.

• Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

• State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a Drug-Free Workplace.

• Include the provisions of the foregoing clauses in every Subcontract or purchase order of over $10,000, so that the provisions will be binding upon each Subcontractor or vendor.

For the purposes of this provision, “Drug-Free Workplace” means a site for the performance of work done in connection with the Contract. The Contractors employees, and those of his Subcontractors, shall be prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the Work.

7-3-19 (SPCN)

cq107-000150-00 EQUAL EMPLOYMENT OPPORTUNITY Section 107.14(a)1 – Required by §2.2-4201 and §2.2-4311 of the Code of Virginia is replaced with the following:

1. Required by §2.2-4201 and §2.2-4311 of the Code of Virginia: During the performance of this Contract, the Contractor agrees as follows:

a. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, including the names of all contracting agencies with which the Contractor has contracts of over $10,000.

b. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that such contractor is an equal opportunity employer. However, notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this chapter.

c. If the Contractor employs more than five employees, the Contractor shall (i) provide annual training on the Contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the Contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the Contractor owns or leases for business purposes and (b) the Contractor's employee handbook.

The Contractor shall include the provisions of subdivisions a, b, and c in every subcontract or purchase order of over $10,000, so that such provisions shall be binding upon each subcontractor or vendor.

Nothing contained in this chapter shall be deemed to empower any agency to require any contractor to grant preferential treatment to, or discriminate against, any individual or any group because of race, color, religion, sex, or national origin on account of an imbalance that may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by such contractor in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community or in the Commonwealth.

5-11-22 (SPCN)

WORK ZONE LAW ENFORCEMENT ASSISTANCE FOR PAVEMENT SCHEDULES

Where there is no existing agreement (such as currently exists with Virginia State Police for projects on the Interstate System) between the Department and the applicable Law Enforcement Entity: in order to facilitate the furnishing of Officers to projects, the Contractor shall be responsible for obtaining law enforcement assistance in active work zones, as necessary and as agreed upon by the Contractor and the Engineer. Law enforcement assistance may be needed for situations such as: night time operations, congested areas, operating (normal green-yellow-red) signalized intersections, lane closures, or road closures.

When Law Enforcement officers are operating within signalized intersections, work shall proceed as stipulated in the VWAPM and Section 46.2-834 of the Highway Laws of Virginia.

Once the Engineer has agreed with the Contractor that Law Enforcement Officers are needed for a given activity, the Contractor shall arrange directly with the Law Enforcement Entity for the Officers to be on the project. The Law Enforcement Entity will invoice the Contractor directly, showing hours of service per Officer, rounded to the nearest half-hour, and the Contractor shall pay the invoice. Once the invoices have been paid, the Contractor shall provide copies of these invoices (marked as paid) to the Department for reimbursement. All coordination activities performed by the Contractor in order to schedule Law Enforcement Officers shall be incidental to the Work.

If this SPCN is in conflict with any other Specification found elsewhwere in the Contract regarding any flagging operations or assistance by Law Enforcement Officers, this SPCN shall govern.

4-22-24 (SPCN)

CANCELLED ACTIVITY NOTIFICATION - If the Contractor fails to provide the Engineer with appropriate notice of cancellation of a proposed activity (appropriate notice will be defined as 24 hours for non-weather related cancellations and 4 hours for weather related cancellations), the Contractor shall be responsible for the expenses incurred by the Department, State Police, and other State Forces due to his/her failure to provide the required notice.