976_H_D_Bus_Stop_Improvement_Program_Phase_4_IFB_OOP_Final.pdf

OFFICE OF PROCUREMENT

BUSINESS SERVICES DIVISION

INVITATION FOR BID WS2135993693

Issue Date: May 21, 2026

Contract No.: 976-H (D)

Bus Stop Improvement Program Phase 4

BID RESPONSE DUE DATE:

June 18, 2026

PRINCE GEORGE’S COUNTY, MARYLAND

DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION

THIS SOLICITATION IS OPEN TO ALL INTERESTED VENDORS

NO HARD COPY SUBMISSIONS WILL BE ACCEPTED

Contract No. 976-H (D)

IFB WS2135993693

Master Page No. 1

PRINCE GEORGE’S COUNTY GOVERNMENT

Office of Procurement

Dear Potential Contractor, Thank you for your interest in this Prince George’s County, Maryland procurement. We look forward to a competitive and successful procurement process.

Please carefully review the response submission requirements outlined in this solicitation. All instructions must be followed precisely, as any misinterpretation or failure to comply may result in your submittal being deemed non-responsive.

Any changes to this solicitation will be issued exclusively through written amendments with notifications sent electronically to suppliers registered to receive updates to this solicitation. In addition, all amendments are posted on the SAP Business Network and eMaryland Marketplace Advantage (eMMA). Contractors are responsible for reviewing all amendments and complying with the instructions, as well as those included in the original solicitation. It is the responsibility of all potential Contractors to monitor the referenced platforms for updated information prior to submitting a response.

Should you have any questions, please contact the Procurement Officer identified in this solicitation. Also visit our website on How to Do Business with Prince George’s County to find information about registration, certification, and other procurement opportunities.

Thank you for your continued interest in doing business with Prince George’s County Government.

Sincerely, Alice M. Williams Alice M. Williams Office of Procurement Director and Purchasing Agent

Contract No. 976-H (D)

IFB WS2135993693

Master Page No. 2 https://service.ariba.com/Discovery.aw/ad/profile?key=AN01496591158 https://emma.maryland.gov/ https://www.princegeorgescountymd.gov/departments-offices/procurement/doing-business-prince-georges-county

PRINCE GEORGE’S COUNTY MARYLAND GOVERNMENT

OFFICE OF PROCUREMENT

For template consistency, the terms “quote,” “offer,” and “bid” may be used interchangeably. The cover page of the solicitation will specify the exact solicitation type.

SOLICITATION KEY INFORMATION SUMMARY SHEET

Solicitation Name: Prince George’s County Maryland Department of Public Works and Transportation Bus Stop Improvement Program Phase 4

Invitation for Bid: WS2135993693

Contract No. 976-H (D) Solicitation Issue Date: May 21, 2026

Closing Date and Time: June 18, 2026, at 11:59 p.m. Eastern Time

Pre-Bid Conference: June 4, 2026, at 10:00 a.m. Eastern Time

Join: https://teams.microsoft.com/meet/236167557267369?p=OfGI5cyQPrrgztUi6M Meeting ID: 236 167 557 267 369 Passcode: 4Ti7A9kB Dial in by phone: 1 240-673-1195 Phone conference ID: 690 349 179

Communicate with intent to attend by emailing: eslane@co.pg.md.us Bids must be submitted in

SPEED:

All bids shall be submitted electronically in SPEED

Contractor Registration details are in SPEED.

Frequently Asked Questions are accessible in SAP Business Network

Procurement Officer: Ebony Lane Procurement Officer 9400 Peppercorn Place, Suite 400 Largo, MD 20774 301-883-3259 eslane@co.pg.md.us

Submission of Questions:

All questions must be submitted through SPEED

SPEED

Questions Due By:

June 8, 2026, at 5:00 p.m. Eastern Time. Answers will be posted in SPEED

Bonding Required:

Yes

Contract Classification D ($1,000,001 to $2,500,000)

Contract No. 976-H (D)

IFB WS2135993693

Master Page No. 3 https://teams.microsoft.com/meet/236167557267369?p=OfGI5cyQPrrgztUi6M https://service.ariba.com/Discovery.aw/125017044 https://service.ariba.com/Discovery.aw/125017044 https://service.ariba.com/Discovery.aw/125017044 http://discovery.ariba.com/profile/AN01496591158 http://discovery.ariba.com/profile/AN01496591158 https://service.ariba.com/Discovery.aw/125017044

MASTER TABLE OF CONTENTS

Pages Page No.

Notice to Contractors 1-4 6 FAP Notice to Contractors 1-52 10

PERMITS 1 63

Part I

Instructions to Bidders 1-15 64 Attachments – Bid Package 1 79 Attachment A Bid Affidavit 1 80 Attachment B Bidder Statement of Ownership 1-3 81 Attachment C Vendor’s Oath and Certification 1 85 Attachment D Supplier Participation Certification and Acknowledgement 1 86 Attachment E Supplier Utilization Plan 1-2 87 Attachment F Certification of Contractor’s Best Efforts 1-3 89 Attachment G Bid Form (Proposal) 10 90 Attachment H Bid Bond 1-3 100 Attachment I Performance Relevancy Questionnaire 1-4 103 Attachment J Contractor’s Qualification Questionnaire 1-13 107 Attachment K Mid Atlantic Purchasing Team Rider 1-2 120 Attachment L Letter of Intent to Perform as a Subcontractor 1 122 Attachment M First Source and Local Hiring Agreement 1-2 123 Attachment N Certificate of Compliance regarding Fair Labor Standards Act 1 125 Attachment O Certification of Assurance of Compliance Regarding Suspension and

Debarment 1 126

Attachment P Definitions of Certified Businesses 1-3 127 Attachment Q Notification of Certification and Compliance System (CCS)

Reporting Requirements 1 130

Attachment R Certification of Bidder Regarding Equal Employment Opportunity 1-3 131

Part IA Addendum Receipt Verification Form 1 135

Part II General Terms and Conditions of Contract 1-80 136 Part IIA Prevailing Wages (Davis Bacon Act) 1-7 216 Part IIB The Supplier Diversity Program 1-3 223 Part III Forms

Contract Agreement and Corporate Acknowledgement 1-5 227 Performance Bond and Corporate Acknowledgement 1-4 232 Payment Bond and Corporate Acknowledgement 1-4 236 First Source and Local Hiring Agreement Compliance Report 1-2 240 Subcontract Project Participation Statement 1 242 Certification of Supplier Participation 1 243 Change Order 1-2 244

Contract No. 976-H (D)

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MASTER TABLE OF CONTENTS

Unilateral Change Order 1-2 246 Contractor’s Affidavit of Payment of Debts and Claims 1 248 Contractor’s Affidavit of Release of Liens 1 249 General Contractor’s Release and Waiver of Liens 1-2 250 Notarized Listing of Subcontractors/Suppliers 1 252 Subcontractor’s and/or Supplier’s Release and Waiver of Liens 1 253 Indemnification 1 254

Part IV Specifications, Special Provisions and General Requirements

Section I, Special Provisions 1-25 256 Section II, Prince George’s County Department of Public Works and

Transportation Supplemental Specifications and Provisions 1-23 281

Section III, MDOT SHA Inserts to Contract 1-33 304 Section IV, Utility Statement 1-5 337 Section V, Contract Plans 1-2 342

Contract No. 976-H (D)

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NOTICE TO CONTRACTORS

1. NOTICE IS HEREBY GIVEN THAT bids will be received by the Prince George’s County Department of Public Works and Transportation, Office of Engineering and Project Management through the Speed eProcurement Platform at: SAP Business Network until June 18, 2026, at 11:59 p.m. Eastern time for the following project:

BUS STOP IMPROVEMENT PROGRAM PHASE 4

IFB NO. WS2135993693

CONTRACT NO. 976-H (D)

2. Contract Documents Contract documents are only available for download on the following websites:

• SPEED eProcurement Platform http://discovery.ariba.com/profile/AN01496591158 The project can be found by IFB NO. WS2135993693.

• eMaryland Marketplace (eMMA). The project can be found by project name or Project ID No.

BPM056999 at Public Solicitations: eMaryland Marketplace Advantage (eMMA).

Bidders are encouraged to register at the eMMA, and SPEED websites to obtain applicable solicitation documents and notifications.

3. Project Description:

The work consists of excavation; grading; installation of concrete sidewalk, driveway aprons, curb and gutter; installation of bus shelters; and installation of detectable warning surface (DWS) to increase pedestrian access and ADA compliance at existing bus stop locations. Project scope includes erosion and sediment control, salvage and spread topsoil, turfgrass establishment, and other miscellaneous items.

4. Minimum Qualifications:

The County will only permit approved paving contractors to perform asphalt paving on its contracts. To bid or perform asphalt paving work on this project, all contractors including all tiers of subcontractors that are subcontracted to perform asphalt paving services, must be approved by Prince George’s County as an acceptable paving contractor at the time bids are due and throughout the duration of the project. Evidence of Prince George’s County certification, including that of its subcontractors, must be submitted by the prime bidder with its bid.

The Prince George County’s Approved Paving Contractor’s information is available on the web at https://www.princegeorgescountymd.gov.

5. The estimated value of the Contract is classified with the letter designation “D” in accordance with the Maryland State Highway Administration Specifications, TC Section 2.01.

(http://apps.roads.maryland.gov/BusinessWithSHA/contBidProp/ohd/constructContracts/CostClassKey.asp)

Contract No. 976-H (D)

IFB WS2135993693

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The approximate quantities for major items of work involved are as follows:

Unit Quantity Description

LS 1 MAINTENANCE OF TRAFFIC

SF 600 TEMPORARY TRAFFIC SIGNS (TTS)

EA 8 TYPE III BARRICADE FOR MAINTENANCE OF TRAFFIC

LF 3,000 TEMPORARY ORANGE CONSTRUCTION FENCE

EA 50 DRUMS FOR MAINTENANCE OF TRAFFIC

UD 200 PORTABLE VARIABLE MESSAGE SIGN (PVMS)

UD 200 ARROW PANEL (AP)

LS 1 MOBILIZATION AND DEMOBILIZATION

CY 260 CLASS 2 EXCAVATION

CY 32 COMMON BORROW EXCAVATION

LF 2,000 SILT FENCE

SY 200 TYPE A SOIL STABILIZATION MATTING

EA 10 AT-GRADE INLET PROTECTION

EA 10 CURB INLET PROTECTION

EA 10 COMBINATION INLET PROTECTION

EA 2 FILTER BAG (FB)

LF 50 12 INCH FILTER LOG

EA 1 PORTABLE SEDIMENT TANK

SY 86 REMOVE AND REPLACE COMMERCIAL DRIVEWAY ENTRANCE

COUNTY STD. 200.01, 200.02,

TON 16 VARIABLE DEPTH PATCHING USING GRADED AGGREGATE BASE

COURSE

LF 520 CONCRETE CURB AND GUTTER

LF 575 CONCRETE HEADER CURB

SF 6,565 CONCRETE SIDEWALK COUNTY STD. 300.05, 300.06, 300.07, 300.08

SF 4,780 CONCRETE BUS SHELTER PAD COUNTY STD. 300.24

SF 175 DETECTABLE WARNING SURFACE

CY 12 PLACING SALVAGED SUBSOIL

SY 35 PLACING FURNISHED TOPSOIL 4 INCH DEPTH

SY 35 TURFGRASS SOD ESTABLISHMENT

EA 9 REMOVE AND RELOCATE EXISTING GROUND MOUNTED SIGNS AND

SUPPORTS

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6. The Bid must be on the forms provided with the solicitation, as specified in Part I, section 1.21: Bid Due Date and Submittal Requirements. The Bid forms shall be filled out completely stating price per each item and shall be signed by the Bidder giving his full name and business address. The Bid Package shall be submitted electronically as specified in Part I, section 1.8: Receipt of Bids.

7. Bid Security. A bid security shall be required for all construction contracts when the contract price is estimated by the County to exceed Two Hundred and Fifty Thousand Dollars ($250,000). The bid security shall be in an amount equal to 5% of the amount of the bid or price proposal and shall be an amount determined by the Purchasing Agent or Designee.

8. Examination of Site and Data. Each Bidder shall examine the specifications carefully, shall visit the site of the contemplated work, and shall familiarize itself thoroughly with all conditions of the contemplated work. Should doubt arise regarding any meaning, intent, or condition of the specifications, or site, the Bidder shall make inquiry before submitting a bid. Submission of a bid will indicate that the Bidder understands thoroughly the specifications and the conditions at the site of the work.

9. Bonding. A Performance and Payment bonds are required when the initial Contract Price exceeds One Hundred Thousand Dollars ($100,000.00). A Performance Bond in the amount of one hundred percent (100%) of the Contract amount and a Payment Bond in the amount of one hundred percent (100%) of the Contract will be required on this project.

10. Unbalanced bid. Bidders are specifically warned against unbalancing their bid as this may render them non-responsive and/or non-responsible.

11. Nondiscrimination. In connection with the performance of work under this Contract, a Contractor who is the recipient of County funds, or who proposes to perform any work or furnish any goods under this agreement shall not discriminate against any worker, employee or applicant, or any member of the public because of religion, race, sex, age, sexual orientation, national origin, physical or mental disability, or perceived disability. Discriminatory practices based upon the foregoing are declared to be contrary to the public policy of the County. The Contractor agrees to be in full compliance with the Federal mandates of the Americans with Disabilities Act. The Contractor further agrees that this article will be incorporated by the Contractor in all contracts entered into with suppliers of materials or services; and Contractors and sub-contractors and all labor organizations, furnishing skilled, unskilled and craft union skilled labor, or who may perform any such labor services in connection with this contract.

12. This is a Federal Aid Project. The County Minority Bonus Point Allocation Program shall not be used to determine the award of this Contract.

13. This is a Federal Aid Project. The County-Based Business Preference shall not be used to determine the award of this Contract.

14. This is a Federal Aid Project. The prime contractor must do more than 50.1% of the work with their own organization.

15. The Contract shall be awarded to the responsible and responsive Bidder offering the lowest bid to the County in accordance with County Code § 10A-101(37 and 38).

16. An optional virtual Pre-Bid Conference will be held on June 4 , 2026 a t 10:00 a .m. eastern t ime, via

Contract No. 976-H (D)

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Teams at: https://teams.microsoft.com/meet/236167557267369?p=OfGI5cyQPrrgztUi6M Or join using Meeting I.D.: 236 167 557 267 369 Password 4Ti7A9kB Dial by phone:1 240-673-1195 Phone conference ID: 690 349 179#

Master Page No. 9 https://teams.microsoft.com/meet/236167557267369?p=OfGI5cyQPrrgztUi6M

FAP NOTICE TO CONTRACTORS

FEDERAL FORMS

Contract No. 976-H (D)

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DESCRIPTION DATE PAGES

Cargo Preference Act – Notice to Contractors 05/30/2017 2 eMaryland Marketplace Advantage – Notice to Contractors 09/05/2019 1 CP – Instructions and Requirements for Electronic Bidding 04/11/2022 2 CP – Contractor Registration Requirements 09/30/2020 1 CP – Maryland Manual on Uniform Traffic Control Devices (MdMUTCD) Requirements 05/30/2017 1

CP – (NCHRP) Report 350 and MASH Compliance 10/04/2019 2 CP – Occupying Wetlands 05/30/2017 1 CP – Form FHWA-1273 10/23/2023 14 CP – Domestic Materials Procurement Preference (BA and BABA Requirements) 09/30/2025 3

CP – Traffic Control Plan Certification 12/10/2018 1 CP – Prevailing Wage Instructions for the Contractor 07/26/2023 4 CP – Notice of Actions Required for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 05/30/2017 1 CP – High Visibility Safety Apparel Policy 06/24/2019 2 SP – Project Description 08/27/2024 1 SP – Notice to Contractor for Federal Contracts – Request for Information 05/01/2026 6

SP – Notice to Contractor – Early Submissions 05/30/2017 1 SP – TC – 4.02 Failure to Maintain Project 05/30/2017 1

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CARGO PREFERENCE ACT (CPA)

All Contractors and Sub-Contractors are to be in compliance with the requirements of 46 CFR Part 381 and incorporate by reference the recommended clauses in 46 CFR 381.7(a)-(b) - ("Contractor and Subcontractor Clauses. "Use of United States-flag vessels")

(a) Agreement Clauses. "Use of United States-flag vessels:

"(1) Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.

"(2) Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (a)(1) of this section shall be furnished to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development. Maritime Administration, Washington, DC 20590."

(b) Contractor and Subcontractor Clauses. "Use of United States-flag vessels: The contractor agrees-

"(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment. material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

"(2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States. a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

"(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract”.

Guidance documents for this requirement, including the 12/11/2015 policy memo, the 12/8/2015 legal opinion and a page of Q&A’s are available on the CPA construction Program Guidance page:

Contract No. 976-H (D)

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This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

Contract No. 976-H (D)

IFB WS2135993693

Master Page No. 13 https://www.fhwa.dot.gov/construction/cqit/cargo.cfm eMaryland Marketplace Advantage.

eMaryland Marketplace Advantage (eMMA) is an electronic commerce system administered by the Maryland Department of General Services. All associated materials, the solicitation, the summary of pre-bid meetings, bidder’s questions and the Procurement Officers responses, Addenda, and other solicitation related information will be provided via eMaryland Marketplace Advantage; https://procurement.maryland.gov.

Bidders must register, (registration is free) on eMMA, to access solicitation related information.

Bidders must acknowledge all bid amendments by submitting the Addendum Verification Form to be Awarded a Contract. Should you have any questions regarding registration, please call the eMMA Help Desk at 410-767-1492.

Bid Opening and Requirements.

Bid Opening will be administered per the current bidding process through;

Prince George's County Maryland Department of Public Works and Transportation 9400 Peppercorn Place Suite 400 Largo, MD 20774 and per TC SECTION 2 BIDDING REQUIREMENTS AND CONDITIONS of the Standard Specifications for Construction and Materials.

Bidders are required to provide verifications for all Addenda and include with your sealed bids.

“Sealed Bid” should be labeled on your envelope.

Contract No. 976-H (D)

IFB WS2135993693

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CONTRACT PROVISIONS

CONTRACTOR REGISTRATION REQUIREMENTS 1 of 1

09/30/2020

CONTRACTOR REGISTRATION REQUIREMENTS

Register in the System for Award Management (SAM) online at https://www.sam.gov prior to the time an offer is submitted for all Federal-Aid funded Contracts. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is no fee to register for this site. User guides and webinars are available under the Help tab. Allow up to 12 to 15 business days after you submit before your registration is active in SAM.

Contract No. 976-H (D)

IFB WS2135993693

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MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MDMUTCD)

REQUIREMENTS

04/07/2026

NOTICE TO ALL HOLDERS OF THIS CONTRACT DOCUMENT

MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MDMUTCD)

REQUIREMENTS

The 11th Edition of the Manual on Uniform Traffic Control Devices (MUTCD) is the legal standard for traffic control devices. All traffic control devices (temporary or permanent) utilized on Administration projects shall be in conformance with the requirements provided in the 11th Edition of the MUTCD.

All references in all Contract Documents to provisions in the 2011 Maryland MUTCD (MdMUTCD) means the corresponding provisions of the 11th Edition of the MUTCD until such time as: 1) the Federal Highway Administration approves the new version of the MdMUTCD and, 2) the procurement officer notifies the Contractor that the provisions in the newly approved MdMUTCD apply to work.

Contract No. 976-H (D)

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(NCHRP) REPORT 350 AND MASH COMPLIANCE

10-04-19

NOTICE TO ALL HOLDERS OF THIS CONTRACT DOCUMENT

NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM (NCHRP)

REPORT 350 AND THE MANUAL FOR ASSESSING SAFETY HARDWARE (MASH)

COMPLIANCE FOR DEVICES USED IN THE MAINTENANCE OF TRAFFIC AND

TRAFFIC CONTROL

Except as otherwise specified in this section, all temporary and permanent highway safety features, including longitudinal barriers, transitions, end terminals, crash cushions, breakaway/yielding supports, truck-mounted attenuators, and work zone traffic control devices, shall meet values recommended when applicable tests are performed for evaluation criteria for the respective evaluation factors, as defined in NCHRP Report 350, or the MASH 2016, as noted herein. When conformance with NCHRP Report 350 or MASH 2016 is required, provide the Engineer with the manufacturers’ certifications that the devices comply with the specified criteria. All temporary and permanent highway safety features shall comply with MASH 2016 criteria by the relevant dates noted below.

TEMPORARY INSTALLATIONS FOR MAINTENANCE OF TRAFFIC

The implementation dates below apply to temporary work zone roadside safety hardware and devices.

Temporary work zone devices, including Category 1, 2, 3 and 4 devices manufactured after 12/31/2019, when applicable, must be successfully tested to the 2016 edition of MASH. Relevant devices manufactured on or before 12/31/2019, and successfully tested to NCHRP 350, the 2009 edition of MASH, or otherwise authorized, may continue to be used.

Unless specifically waived in the Contract Documents, only devices approved on Qualified Product List by the Administration may be used.

Category 1 Devices

These devices include cones, tubular markers, flexible delineator posts, and drums, none of which have any accessories or attachments, and are used for channelization and/or delineation.

Category 2 Devices

These devices include Type I, II, and III barricades, portable sign supports with signs, intrusion alarms, and vertical panels. Category 1 devices, such as drums or cones, that are modified with accessories or attachments shall be considered Category 2 devices.

Category 3 Devices

(a) Truck Mounted Attenuators (TMAs) and Trailer Truck Mounted Attenuators (TTMAs).

(b) Temporary Barrier.

(1) Concrete Barrier.

(2) Traffic Barrier W-Beam and Water Filled Barrier.

(3) Steel/Aluminum Barrier.

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(NCHRP) REPORT 350 AND MASH COMPLIANCE 2 of 2

10-04-19

(c) Temporary End Treatments.

Category 4 Devices

These devices include area lighting supports, arrow panels, and portable variable message signs that may be portable or trailer-mounted.

Use of Category 4 devices shall comply with the provisions of Part 6 of the MD MUTCD.

PERMANENT ROADSIDE HARDWARE INSTALLATION

The implementation dates below apply to both new and replacement installations of roadside safety hardware on National Highway System (NHS) roadways except when a waiver is approved by

FHWA

December 31, 2017: Contracts with bid openings after this date shall meet MASH 2016 testing criteria for all installations and replacements of W-beam barriers and cast-in-place concrete barriers as specified in Contract Documents.

June 30, 2018: Contracts with bid openings after this date shall meet MASH 2016 testing criteria for all installations and replacements of W-beam tangent terminals as specified in Contract Documents.

December 31, 2018: Contracts with bid openings after this date shall meet MASH 2016 testing criteria for all installations and replacements of crash cushions.

December 31, 2019: Contracts with bid openings after this date shall meet testing criteria as defined in MASH 2016 guidelines for all new permanent installations and full replacements of bridge rail, transitions, all other longitudinal barrier (including portable barriers installed permanently), other W-beam terminals (such as double-sided or median terminals, flared terminals, and terminals installed on a flare), sign supports, cable barrier, cable barrier terminals, all other terminals, and all other breakaway hardware as specified in Contract Documents.

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OCCUPYING WETLANDS 1 of 1

05-30-17

OCCUPYING WETLANDS

The Contractor is hereby alerted to the importance of preserving wetland areas. The Administration, in conjunction with the various environmental agencies, has developed these Contract Documents so as to minimize or eliminate disturbance and damage to existing wetland areas. In order to accomplish this, the following must be rigidly adhered to:

(a) Prior to performing any work on the project, the areas of wetland will be identified and marked as directed by the Administration. All personnel of the Contractor or sub-contractors shall be alerted to these designated areas.

(b) The Contractor or sub-contractors shall not impact any wetland or waterway, whether it be permanently or temporarily unless otherwise stipulated in the permit application and approved as an authorized action by the appropriate regulatory agency. No fill shall be placed in these areas without a permit.

(c) If a Contractor or sub-contractor has to impact a wetland or waterway that is not covered by an existing wetland permit, they shall immediately notify the Engineer. The Engineer will notify the Environmental Programs Division to determine the extent of any permit modification. At that time the Environmental Programs Division will request a permit modification or submit a permit application.

(d) If the Contractor impacts any wetland or waterway for which they do not have a wetland permit, they shall be responsible for restoring the wetland areas and possibly mitigating the wetland impacts to the full satisfaction of the environmental agencies, which could include monetary compensation.

(e) The cost of restoration and mitigation of the impacted areas shall be at no additional cost to the Administration.

The importance of not abusing the wetland areas cannot be overemphasized. Abuse of wetland areas could jeopardize the operation of the total Contract and could be cause for a shut-down. If a shut-down occurs because of the Contractor's failure to secure the required permits (i.e. the Contractor’s method of work includes impacts not approved by previously acquired permits), the Contractor’s negligence or operations, all costs and damages to the Contractor and to the State will be at no additional cost to the Administration. Noncompliance with these requirements will not be considered for an extension of Contract time.

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FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act

Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water

Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for

Lobbying XII. 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. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements 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 shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The 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, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

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. 23 CFR 633.102(d).

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 (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 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; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 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; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

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1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. 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. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action

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6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR

230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability;

making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:

a. The requirements of 49 CFR Part 26 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 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 are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

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(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;

(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. 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 right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C.