839574vadotB01_125173.pdf
PDF 8 MB Posted
- Attached to
- Clear Zone Improvements - Guardrail, Rt 3
- Solicitation number
- 125173
- Issued by
- Stafford County, Virginia
About this file
This is a bid proposal and contract document issued by the Virginia Department of Transportation (VDOT) for Clear Zone Improvements - Guardrail work on Route 3 in Spotsylvania County. The project involves guardrail installation and replacement work extending from milepost 19.38 (675 feet east of Constitution Highway) to milepost 28.15 (Big Ben Boulevard). The scope includes removing existing guardrail totaling 16,095 linear feet, installing new guardrail systems including GR-MGS1, GR-MGS1 with 9-foot posts, radial guardrail, guardrail terminals, end anchorages, and height transitions. Additional work includes aggregate base material placement (500 tons), shoulder machining (26,675 linear feet), hand-dig guardrail post installation (420 units), bridge attachment components, sign post relocation and installation, and maintenance of traffic. Bids were required to be submitted electronically through Bidx by 10:00 AM on Wednesday, September 23, 2026. The project completion date is August 3, 2027. Prequalification is required for bidding on this contract. The contract is identified as C000125173N01C with FHWA Number HSIP-5111(516) and Project Number 0003-088-807, N501.
The contract requires bidders to submit a five percent bid bond as proposal guaranty. Bids must include pricing for all regular bid items listed in the schedule, with unit prices and total bid amounts. Fuel adjustment and steel price adjustment provisions are available as optional election by the contractor. The project is federal-aid funded through the Highway Safety Improvement Program (HSIP). Predetermined minimum wage rates established by the Department of Labor apply to all workers, with rates ranging from $13.64 per hour for traffic control flaggers to $36.85 per hour for electricians. Davis-Bacon Act provisions, prevailing wage requirements, and comprehensive federal labor standards apply to all contract work. The contractor must perform at least 30 percent of work with its own organization and is prohibited from subletting or assigning contract portions without written consent from the contracting officer. Contract awards will be made to the lowest responsive and responsible bidder, with the award date not later than 60 days after bid opening.
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Text version
ORDER NO.: B01
CONTRACT ID. NO.: C000125173N01C
Form C-6a
Rev. 3-22-05
CNSP (F) 1-9-06
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
BID PROPOSAL AND CONTRACT
ROUTE NUMBER: 3
FHWA NUMBER: HSIP-5111(516)
PROJECT NUMBER: 0003-088-807, N501
COUNTY: SPOTSYLVANIA
DISTRICT: FREDERICKSBURG
DESCRIPTION: CLEAR ZONE IMPROVEMENTS - GUARDRAIL
FROM:
TO:
MP 19.38 675’ E. OF CONSTITUTION HWY.
MP 28.15 BIG BEN BLVD.
DATE BID SUBMITTED: 10:00 AM WEDNESDAY, SEPTEMBER 23, 2026
Form C-118 Rev. 8-10-26
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
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: 0003-088-807, N501
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
Form C-48 Rev. 10-03-25
SUBCONTRACTOR/SUPPLIER SOLICITATION AND UTILIZATION,
AND VENDOR SURVEY FORM (ALL VENDORS)
PROJECT NO. 0003-088-807, N501 CONTRACT I.D. NO. C000125173N01C
FHWA NO. HSIP-5111(516) 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
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.
Form C-48
Rev. 10-03-25
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 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
SHEET 1
TERMS OF THE PROPOSAL\CONTRACT
DEPARTMENT OF TRANSPORTATION
SUBMITTED: 10:00 AM WEDNESDAY, SEPTEMBER 23, 2026
PROJECT NUMBER: 0003-088-807, N501
ROUTE NUMBER: 3
FHWA NUMBER: HSIP-5111(516)
DESCRIPTION: CLEAR ZONE IMPROVEMENTS - GUARDRAIL
FROM:
TO:
MP 19.38 675’ E. OF CONSTITUTION HWY.
MP 28.15 BIG BEN BLVD.
DISTRICT: FREDERICKSBURG COUNTY: SPOTSYLVANIA
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: AUGUST 3, 2027
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 08/03/2026Date Printed:
Schedule of Items Page: 2
Proposal ID: C000125173N01C 0003-088-807, N501
Order No.: B01
Oversight/State Project No.:
Federal Project No.: HSIP-5111(516)
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
500.000
ATTD
0020 305SP20-0005
MACHINING SHOULDERS LF
26,675.000
ATTD
0030 505SD20-0011
GUARDRAIL GR-MGS1 LF
11,575.000
0040 505SD20-0013
GUARDRAIL GR-MGS1, 9'
POST
LF
15,100.000
0050 505SD20-0014
RADIAL GUARDRAIL GR-
MGS1
LF
50.000
0060 505SD20-0017
GUARDRAIL TERMINAL GR-
MGS2
EA
37.000
0070 505SD20-0018
GUARDRAIL END
ANCHORAGE GR-MGS3
EA
37.000
0080 505SD20-0019
GUARDRAIL HEIGHT
TRANSITION GR-MGS4
EA
1.000
0090 505SD20-0073
REMOVE EXISTING
GUARDRAIL
LF
16,095.000
0100 505SX20-0001
HAND DIG GUARDRAIL POST
AND INSTALL
EA
420.000
ATTD
0110 505SX20-0044
SP. DES. GR.BR.ATTACH BR-
GR BRGR-17E
EA
2.000
0120 505SX20-0044
SP. DES. GR.BR.ATTACH BR-
GR BRGR-1A
EA
4.000
Schedule of Items Page: 3
Proposal ID: C000125173N01C 0003-088-807, N501
Order No.: B01
Oversight/State Project No.:
Federal Project No.: HSIP-5111(516)
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 505SX20-0058
GUARDRAIL HEIGHT
TRANSITION GR-MGS4 WITH
9' POST
EA
7.000
0140 505SX20-0058
GUARDRAIL TERMINAL SITE
PREP. (4-FT MODERATE)
EA
15.000
ATTD
0150 505SX20-0058
GUARDRAIL TERMINAL SITE
PREP. (6-FT MODERATE)
EA
1.000
ATTD
0160 505SX20-0058
GUARDRAIL TERMINAL SITE
PREP. (MINOR)
EA
21.000
ATTD
0170 512SP20-0002
MAINTENANCE OF TRAFFIC
(PROJECT WIDE)
LUMP SUM _________._____LUMP SUM
ATTD
0180 513SD20-0001
MOBILIZATION LUMP SUM _________._____LUMP SUM
0190 700SD20-0012
RELOCATE EX. 1 POST GRND
MOUNT SGN PANEL
EA
11.000
0200 700SD20-0013
RELOCATE EX. 2 POST GRND
MOUNT SGN PANEL
EA
1.000
0210 700SD20-0035
SIGN POST STP-1, 2 3/16", 10
GAUGE
LF
6.000
0220 700SD20-0036
SIGN POST STP-1, 2 1/2", 10
GAUGE
LF
72.000
0230 700SD20-0037
SIGN POST STP-1, 2 1/2", 12
GAUGE
LF
70.000
0240 700SD20-0038
CONC. FOUND. STP-1, TY. A EA
7.000
Schedule of Items Page: 4
Proposal ID: C000125173N01C 0003-088-807, N501
Order No.: B01
Oversight/State Project No.:
Federal Project No.: HSIP-5111(516)
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 700SD20-0039
CONC. FOUND. STP-1, TY. B EA
5.000
Section: 0001 _________._____Total:
Total Bid: _________._____
Page
Bid Items Eligible For Fuel Adjustment
C000125173N01C
B01
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
Date:
Signature:
(Firm or Corporation)
(Vendor No.)
Bid Items Eligible For Steel Price Adjustment
C000125173N01C
B01
Contract ID:
Order No.:
Instructions: This form shall be completed in accordance with the Special Provision. If you choose to have Steel Price 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.
Rev 12-21-08
FORM C-21C
0001 REGULAR BID ITEMSSECTION:
ltem Description Option Item
Number
_______GUARDRAIL GR-MGS1505SD20-0011
_______GUARDRAIL GR-MGS1, 9' POST505SD20-0013
_______RADIAL GUARDRAIL GR-MGS1505SD20-0014
_______GUARDRAIL TERMINAL GR-MGS2505SD20-0017
_______GUARDRAIL END ANCHORAGE GR-MGS3505SD20-0018
_______GUARDRAIL HEIGHT TRANSITION GR-MGS4505SD20-0019
_______SIGN POST STP-1, 2 3/16", 10 GAUGE700SD20-0035
_______SIGN POST STP-1, 2 1/2", 10 GAUGE700SD20-0036
_______SIGN POST STP-1, 2 1/2", 12 GAUGE700SD20-0037
Date:
Signature:
(Firm or Corporation)
(Vendor No.)
Determination of Major Items
1C000125173N01CContract ID:
ltem Description Item
Number
GUARDRAIL GR-MGS1, 9' POST505SD20-0013
GUARDRAIL GR-MGS1505SD20-0011
GUARDRAIL TERMINAL GR-MGS2505SD20-0017
FORMS and SCHEDULE OF ITEMS PRECEDE SPCNs, SPs and SUPPLEMENTAL SPECS.
CN100-000026-09 GEN. PROJ. REQUIRE., SSS/SPS/SPCNS 12-11-25 (SPCN) 1
CN103-000100-01 SEC 103.02—AWARD OF CONTRACT 6-17-25 (SPCN) 1
CN105-000140-00 SEC 105.14—MAINTENANCE DURING CONSTRUCTION 12-20-24 (SPCN) 2
CN105-000150-00 SECURITY REQUIREMENTS FOR PCMS 1-30-26 (SPCN) 2
CN221-000100-00 SEC 221.02—DETAIL REQUIREMENTS 1-15-25 (SPCN) 3
CN245-000100-01 SEC 245.03—TESTING & DOCUMENTATION 1-10-24 (SPCN) 4
CQ107-000130-00 DRUG-FREE WORKPLACE 7-3-19 (SPCN) 5
CQ107-000150-00 EQUAL EMPLOYMENT OPPORTUNITY 5-11-22 (SPCN) 5
SP0F0-000100-00 PREDETERMINED MIN. WAGE RATES R-7-12-16 7
SP0F0-000130-03 FHWA 1273—CONTRACT PROVISIONS, FED-AID 7-9-26 12
SP0F0-000150-01 AFFIRMATIVE ACTION / EEO NOTICE 7-17-17 32
SP102-000120-00 NON-DISCRIMIN. EMPLOY. & CONTRACT. PRACTICES (EO-61) 1-10-17 38
SP107-000110-00 C-45–SWPPP GEN. PERMIT–CONTRACTOR CERTIFICATION R-10-27-16 39
*SP107-000120-00 ELEC. SUBMISSION OF DBE AND PAYROLLS 1-21/20 40
SP107-001510-06 INTERIM DBE REQUIREMENTS 1-26-26 42
SP107-003100-00 MADE IN THE USA REQUIREMENTS 10-03-25 45
SP108-000100-01 PROG. SCHED. FOR CAT. I PROJECTS 3-21-22 52
SP109-000110-00 OPTIONAL ADJUSTMENT FOR FUEL R-7-12-16 66
SP109-000120-01* PRICE ADJUSTMENT FOR STEEL 7-2-19 68
SP109-000130-01 ELECTRONIC OR PRINTED WEIGH TICKETS 3-10-25 73
SP305-000100-01 SHOULDER RENOVATION 10-3-16 79
SP505-000100-00 REPLACE G’RAIL, MED. BARRIER & G’RAIL TO BRIDGE 8-4-16 83
GUARDRAIL TERMINAL SITE PREPARATION 7-13-20 88
SP512-000110-00 SEC. 512—MAINT. TRAFFIC—NON-SCHEDULES (LS) 7-12-16 90
SP801-000100-01 LANE CLOSE COORD (LCC)/LANE CLOSE IMPLEMENT (LCI) 9-20-17 94
SQ105-000611-01 SEC 105.06 — SUBCONTRACTING (FED FUNDED PROJECTS) 2-9-17 (SP) 96
SQ107-001300-00 PREVAILING WAGE RATES 10-12-2023
SS109-002020-01 SEC 109 — MEASUREMENT AND PAYMENT 5-1-23
SS211-002020-03 SEC 211 – ASPHALT CONCRETE 3-18-24
SS220-002020-01 SEC 220 – CONCRETE CURING MATERIALS 8-28-20
SS223-002020-02 SEC 223 – STEEL REINFORCEMENT 4-4-23
SS234-002020-01 SEC 234 – GLASS BEADS AND RETROREFLECTIVE OPTICS 5-6-22
SS235-002020-01 SEC 235 – RETROREFLECTORS 5-6-22
SS236-002020-01 SEC 236 – WOOD PRODUCTS 5-14-21
SS246-002020-02 SEC 246 – PAVEMENT MARKING 5-6-22
SS248-002020-02 SEC 248 – STONE MATRIX ASPHALT CONCRETE 3-18-24
SS305-002020-02 SEC 305 – SUBGRADE AND SHOULDERS 12-20-23
SS308-002020-01 SEC 308 - SUBBASE COURSE 7-13-21
SS309-002020-01 SEC 309 - AGGREGATE BASE COURSE 7-13-21
SS315-002020-05 SEC 315 – ASPHALT CONCRETE PLACEMENT 5-27-25
SS317-002020-01 SEC 317— STONE MATRIX ASPHALT CONCRETE PLACEMENT 6-21-24
SS318-002020-01 SEC 318 — PAVEMENT INTERLAYERS 8-2-23
SS319-002020-02 SEC 319 – THIN HOT MIX ASPHALT CONCRETE OVERLAY 3-18-24
SS321-002020-02 SEC 321 – TRENCH WIDENING 5-4-23
SS407-002020-02 SEC 407 – STEEL & METAL STRUCT 11-01-22
SS411-002020-01 SEC 411 – PROT. COAT. OF METAL 11-01-22
SS512-002020-03 SEC 512 – MAINTAINING TRAFFIC 7-1-22
SS704-002020-02 SEC 704 – PAVEMENT MARKINGS AND MARKERS 5-6-22
SECTION 105.09—COOPERATION AMONG CONTRACTORS 5-26-26
VERIFICATION OF UTILITIES WITH REGARD TO GUARDRAIL 1-31-21
NO PLAN ASSEMBLY
TABLE OF CONTENTS FOR PROVISIONS
cn100-000026-09 December 11, 2025 (SPCN)
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 Virginia Work Area Protection Manual, version 11.0;
the Virginia MUTCD version 11.0; 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.
cn103-000100-01 June 17, 2025 (SPCN)
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, national origin, status as a military family, 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.
cn105-000140-00 December 20, 2024 (SPCN)
SECTION 105.14—MAINTENANCE DURING CONSTRUCTION of the Specifications is amended by the following:
Section 105.14(a)3 – Flagging Traffic is replaced with the following:
3. Flagging Traffic: Flaggers shall be able to communicate to the traveling public in English while performing the job duty as a flagger at the flagger station.
All flaggers shall possess a valid, current flagger certification card, be it a physical or electronic card, at all times while performing flagging duties.
Flaggers shall be certified by the VDOT Basic or Intermediate Work Zone Traffic Control Training course or by the ATSSA’s classroom Flagger Certification Program.
The following constitutes a valid flagger certification card:
• Cards issued by VDOT following completion of the Basic Work Zone course;
• Cards issued by VDOT following completion of the Intermediate Work Zone course;
• Cards issued by ATSSA following completion of a Flagger course;
• Cards issued by VDOT following completion of the Flagger-only course, provided the cards were issued on or before December 31, 2024, and have not yet reached the expiration date (two years after date of issuance).
Flaggers who fail to possess a valid, current, flagger certification card, or refuse to allow inspection of same upon request, shall be removed from the flagging site, and operations requiring flagging shall be suspended by the Engineer. Suspended operations requiring flagging may resume once a certified flagger arrives on-site to perform flagging duties in accordance with applicable requirements. Flaggers improperly performing duties may be subject to flagger certification revocation at the sole discretion of the Engineer.
cn105-000150-00 January 30, 2026 (SPCN)
SECURITY REQUIREMENTS FOR PORTABLE CHANGEABLE MESSAGE SIGNS — The Contractor shall secure portable changeable message sign (PCMS) control cabinets with a grade 3 or stronger standard lock at all times unless maintenance is actively being conducted on the sign.
A password shall be required to change the PCMS message. The Contractor shall change the manufacturer's default password for ALL electronic signs. Electronic signs that support the use of complex passwords shall include at least 14 characters consisting of the following criteria:
• At least one special character
• At least one alphabetical character
• At least one numerical character
• A combination of upper-case and lower-case letters
Electronic signs that do not support the use of complex passwords shall be changed using the maximum number of characters and character types permitted by the manufacturer.
Password credentials are prohibited from being stored, displayed, or written on or within the sign. Any QR codes affixed to the sign shall be removed.
For all PCMS with remote or wireless accessibility, the Engineer will authorize remote access prior to this functionality being enabled. Prior to authorization, the Contractor shall update the PCMS to the most recent compatible software and firmware version available from the manufacturer. Following authorization and prior to use, the Contractor shall establish a remote connection to verify that access to the PCMS is password protected.
Electronic signs shall only post approved and documented messages. The Contractor shall log all messages posted with date and times for each public message.
The Contractor has the option for their signs to be connected to the Department’s Operations Technology (OT) network for management by Traffic Operations Center (TOC) staff. By using this method, messages are transmitted and posted by the TOC control room staff with all records and logging managed within the VDOT Advanced Traffic Management System (ATMS). Electronic message signs connected to the OT network shall follow the security requirements described below:
1. All electronic signs connected to the network shall be secured with a digital lock installed on the sign control cabinet.
2. Connected signs shall only be remotely accessible through secure communications that originated from the Department’s OT network.
3. Connected signs shall only be posted with messages from the Department’s ATMS systems or designated backup systems.
4. Community strings (both public and private strings) shall be changed from default settings.
5. All vendor cloud connections shall be removed from the connected sign. TOC system administration staff will configure VPN connections exclusively to the Department’s OT network.
6. All connected electronic signs shall adhere to the Cabinet Security Standards found in the
Department’s OT Cybersecurity Program Manual.
cn221-000100-00 January 15, 2025 (SPCN)
SECTION 221.02—DETAIL REQUIREMENTS of the Specifications is amended by replacing the first paragraph with the following:
Guardrail shall consist of rail or cable elements and fastenings fabricated to develop continuous beam or cable strength when installed. Guardrail materials shall conform to AASHTO M180-18 and M30 specification requirements supplied by manufacturers included on the Department’s Approved List 12.
https://covgov.sharepoint.com/:w:/r/sites/TM-VDOT-SC-Specifications-External/_layouts/15/Doc.aspx?sourcedoc=%7BF1622882-4C64-446A-AE11-E07A4F78D1F2%7D&file=cn221-000100-00.docx&action=default&mobileredirect=true cn245-000100-01 January 10, 2024 (SPCN)
SECTION 245.03—TESTING AND DOCUMENTATION of the Specifications is amended by the following:
Section 245.03(e) – Prefabricated Geocomposite Pavement Underdrain is replaced by the following:
Prefabricated Geocomposite Pavement Underdrain: Prefabricated geocomposite pavement underdrain shall consist of a polymeric drainage core allowing water inflow from both sides, encased in a nonwoven filter fabric envelope having sufficient flexibility to withstand bending and handling without damage.
Prefabricated geocomposite pavement underdrain shall conform to the following:
1. Core: The drainage core shall be made from an inert, polymeric material resistant to commonly encountered chemicals and substances in the pavement environment and shall have a thickness of not less than 3/4 inch. Outer surfaces shall be smooth to prevent excessive wear of bonded filter fabric.
Physical Properties Test Method Requirements
Compressive strength ASTM D1621, D2412, and D6364
Min. 40 psi at 20% max.
deflection immediately after 24 hrs of specimen conditioning at 0 deg F and at 125 deg F
Water flow rate (after 100 hr at 10 psi normal confining pressure and gradient of no more than 0.1)
ASTM D4716 Min. 15 gal/min/ft width for 12-in specimen length
2. Filter Fabric: Geotextile shall be bonded to and tightly stretched over both sides of the core. Geotextile shall not sag or block the flow channels, shall have a life equivalent to that of the core material, and shall conform to the requirements of Section 245.03(c) of the Specifications.
Section 245.03(f) – Geocomposite Wall Drains is replaced by the following:
Geocomposite Wall Drains: Prefabricated geocomposite wall drain shall consist of a polymeric drainage core with a nonwoven filter fabric (single sided or double sided) having sufficient flexibility to withstand bending and handling without damage. Geocomposite wall drains shall conform to the following:
1. Core: The drainage core shall be made from an inert, polymeric material resistant to commonly encountered chemicals and substances in the roadway. Outer surfaces shall be smooth to prevent excessive wear of bonded filter fabric.
Physical Property Test Method Requirements
Compressive strength ASTM D1621, D2412, and D6364
Min. 40 psi at 20% max.
deflection immediately after 24 hrs of specimen conditioning at 0 degree F and at 125 degree F
Water flow rate (after 100 hr at 10 psi normal confining pressure and gradient of no more than 1.0)
ASTM D4716 Min. 15 gal/min/ft width (for 12-in specimen length)
2. Filter Fabric: Geotextile shall be bonded to and tightly stretched over the core. Geotextile shall not sag or block the flow channels, shall have a life equivalent to that of the core material, and shall conform to the requirements of Section 245.03(c) of the Specifications.
Section 245.03(g) – Geomembrane Moisture Barrier is replaced by the following:
Geomembrane Moisture Barrier: Geomembrane moisture barrier shall be resistant to biological attack.
Geomembrane shall be constructed of PVC and shall conform to the requirements of ASTM D7176 for PVC 30 or higher grades. In addition, geomembrane shall comply with the requirements of ASTM D7408 for bond seam strength and peel strength.
CQ107-000130-00 July 3, 2019 (SPCN)
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.
CQ107-000150-00 May 11, 2022 (SPCN)
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 $10,000, so that such provisions shall be binding upon each subcontractor or vendor.
Nothing contained in this chapter shall be deemed to empower any agency to require any contractor to grant preferential treatment to, or discriminate against, any individual or any group because of race, color, religion, sex, or national origin on account of an imbalance that may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by such contractor in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community or in the Commonwealth.
SP0F0-000100-00
Reissued July 12, 2016
PREDETERMINED MINIMUM WAGE RATES
"General Decision Number: VA20260191 05/18/2026
State: Virginia
Construction Types: Highway
Counties: Virginia Counties of Spotsylvania and Fredericksburg*
* Designates Independent City
Modification Number Publication Date 0 01/02/2026 1 05/18/2026
ELEC0080-011 06/01/2025
Rates Fringes
ELECTRICIAN, INCLUDES TRAFFIC SIGNALIZATION.........$ 36.85 14.13
PLAS0891-011 06/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER......................$ 20.70 8.03
SUVA2016-076 07/02/2018
Rates Fringes
TRUCK DRIVER: SINGLE & MULTI AXLE...................$ 18.84 0.00
TRUCK DRIVER: HEAVY OVER 7 CY.....................$ 18.05 0.00
TRUCK DRIVER: FUEL AND LUBRICANT SERVICE...........$ 18.25 0.00
TRUCK DRIVER : HEAVY 7CY & UNDER....................$ 15.53 0.00
TRAFFIC CONTROL: FLAGGER..........................$ 13.64 0.00
PAVEMENT MARKING TRUCK DRIVER.......................$ 18.78 0.00
PAVEMENT MARKING OPERATOR...........................$ 22.15 0.00
OPERATOR: BULLDOZER, INCLUDING UTILITY..............$ 20.64 0.00
OPERATOR: ASPHALT SPREADER AND DISTRIBUTOR..........$ 20.58 2.31
OPERATOR: SCREED...................................$ 22.13 4.89
OPERATOR: ROLLER (FINISHING).......................$ 18.73 3.23
OPERATOR: ROLLER...................................$ 18.92 0.00
OPERATOR: PILEDRIVER...............................$ 21.83 4.08
OPERATOR: PAVER (ASPHALT, AGGREGATE, AND
CONCRETE)...........................................$ 20.33 2.81
OPERATOR: PAVEMENT PLANER GROUNDSMEN...............$ 19.75 0.00
OPERATOR: PAVEMENT PLANER..........................$ 21.14 0.00
OPERATOR: MILLING MACHINE..........................$ 23.19 2.94
OPERATOR: MECHANIC.................................$ 22.84 0.00
OPERATOR: LOADER...................................$ 18.92 0.00
OPERATOR: HYDROSEEDER..............................$ 16.64 0.00
OPERATOR: GRADER/BLADE.............................$ 23.21 0.00
OPERATOR: GRADALL..................................$ 19.26 0.00
OPERATOR: DRILL....................................$ 24.89 0.00
OPERATOR: CRANE....................................$ 29.46 0.00
OPERATOR: BROOM/SWEEPER............................$ 17.40 2.01
OPERATOR: BOBCAT/SKID STEER/SKID LOADER............$ 19.00 3.49
OPERATOR: BACKHOE/EXCAVATOR/TRACKHOE...............$ 23.93 0.00
LABORER: POWER TOOL OPERATOR.......................$ 15.69 0.00
LABORER: PIPELAYER.................................$ 20.48 0.00
LABORER: GRADE CHECKER.............................$ 14.88 0.00
https://covgov.sharepoint.com/sites/TM-VDOT-SC-Specifications-External/2016_Standard_Specifications/SP0F0-000100-00.docx
LABORER: COMMON OR GENERAL.........................$ 16.66 3.07
LABORER: ASPHALT, INCLUDES RAKER, SHOVELER,
SPREADER AND DISTRIBUTOR............................$ 19.05 1.75
IRONWORKER, STRUCTURAL..............................$ 34.18 0.00
IRONWORKER, REINFORCING.............................$ 34.18 0.00
FENCE ERECTOR.......................................$ 15.28 0.00
CARPENTER, INCLUDES FORM WORK.......................$ 20.97 0.00
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.
Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than �SU�, �UAVG�, �SA�, or �SC� denotes that a union rate was prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.
Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The �SU� identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.
�SU� wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The �SA� identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the �SA� identifier took effect under state law in the state from which the rates were adopted.
END OF GENERAL DECISION"
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SECRETARY
WASHINGTON
DECISION OF THE SECRETARY
This case is before the Department of Labor pursuant to a request for a wage predetermination as required by law applicable to the work described.
A study has been made of wage conditions in the locality and based on information available to the Department of Labor the wage rates and fringe payments listed are hereby determined by the Secretary of Labor as prevailing for the described classes for labor in accordance with applicable law.
This wage determination decision and any modifications thereof during the period prior to the stated expiration date shall be made a part of every contract for performance of the described work as provided by applicable law and regulations of the Secretary of Labor, and the wage rates and fringe payments contained in this decision, including modifications, shall be the minimums to be paid under any such contract and subcontractors on the work.
The Contracting Officer shall require that any class of laborers and mechanics which is not listed in the wage determination and which is to be employed under the Contract, shall be classified or reclassified conformably to the wage determination, and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Contracting Officer shall be referred to the Secretary for determination.
Before using apprentices on the job the contractor shall present to the Contracting Officer written evidence of registration of such employees in a program of a State apprenticeship and training agency approved and recognized by the U.S. Bureau of Apprenticeship and Training. In the absence of such a State agency, the Contractor shall submit evidence of approval and registration by the U.S. Bureau of Apprenticeship and Training.
The Contractor shall submit to the Contracting Officer written evidence of the established apprentice-journeyman ratios and wage in the project area, which will be the basis for establishing such ratios and rates for the project under the applicable contract provisions.
Fringe payments include medical and hospital care, compensation for injuries or illness resulting from occupational activity, unemployment benefits, life insurance, disability and sickness insurance, accident insurance (all designated as health and welfare), pensions, vacation and holiday pay, apprenticeship or other similar programs and other bona fide fringe benefits.
By direction of the Secretary of Labor
E. Irving Manger, Associate Administrator Division of Wage Determinations Wage and Labor Standards Administration
SP0F0-000130-03
July 9, 2026
FHWA-1273 (Electronic Version)
The following Form FHWA-1273 titled CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS shall apply to this Contract:
FHWA-1273 – Revised June 25, 2026
CONTRACT PROVISIONS FOR
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General II. Nondiscrimination III. Davis-Bacon and Related Act Provisions IV. Contract Work Hours and Safety Standards Act Provisions V. Subletting or Assigning the Contract VI. Safety: Accident Prevention VII. False Statements Concerning Highway Projects VIII. Implementation of Clean Air Act and Federal Water Pollution Control Act IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion X. Certification Regarding Use of Contract Funds for Lobbying
XI. Use of United States-Flag Vessels ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only).
I. GENERAL
1. Historically, contracting agencies using Federal-aid highway funds were required to ensure Form
FHWA-1273 was physically incorporated into all contracts and subcontracts. Effective June 10, 2026, this requirement was eliminated [91 FR 25492]. Future use of Form FHWA-1273 is now optional on the part of the contracting agency using Federal-aid highway funds. FHWA continues to make Form FHWA-1273 available as a convenience to contracting agencies. Contracting agencies must continue to ensure compliance with the provisions cited in Form FHWA-1273 in accordance with the provisions regardless of the use of Form FHWA-1273. Accordingly, the contracting agency retains the authority to determine whether the contractor must use Form FHWA-1273 to physically incorporate required contract provisions in each subcontract and in lower tier contracts. Where permitted by the contracting agency, the contractor may choose other ways to include required contract provisions in each subcontract, besides incorporating Form FHWA-1273. Contract provisions in Form FHWA-1273 are not required to be physically included in subcontracts for design services on Federal-aid design-build contracts, or in purchase orders, rental agreements and other agreements for supplies or services.
The applicable provisions of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor or design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents.
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION
The contractor and all subcontractors must comply with the following policies: 29 CFR Parts 1625- 1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27, including any amendments thereto.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27, including any amendments thereto.
The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract.
1. Assurances Required:
a. The requirements of 49 CFR Part 26, including any amendments thereto, and the State DOT’s
FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26, including any amendments thereto, in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and
E, including any amendments thereto, are incorporated by reference. 49 CFR Part 21.
III. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR
5.5. The requirements apply to all projects located within the…
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