K63_119444.pdf

ORDER NO.: K63

CONTRACT ID. NO.: C0000119444C01

Form C-6a

Rev. 3-22-05

CNSP (F) 1-9-06

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

BID PROPOSAL AND CONTRACT

ROUTE NUMBER: 11

FHWA NUMBER:: STP-086-1(080)

PROJECT NUMBER: 0011-086-849,C501

COUNTY: SMYTH

DISTRICT: BRISTOL

DESCRIPTION: SMART SCALE - INTERSECTION IMPROVEMENTS

FROM: 0.038 MI. S. RIFTON DR.

TO: 0.087 MI. N. RIFTON DR.

DATE BID SUBMITTED: 10:00 A.M. WEDNESDAY, JANUARY 17, 2024

Form C-118 Rev. 7-6-05

COMMONWEALTH OF VIRGINIA

NOTICE TO BIDDERS

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

1. Bids shall be filed electronically through Bidx (www.bidx.com\main\index.html) at the times designated in the Notice of Advertisement for Bids. For information see (http://cabb.virginiadot.org/cabb/)

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.

http://www.bidx.com/main/index.html http://cabb.virginiadot.org/cabb/

Form C-24

Rev. 7-6-05

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: 0011-086-849,C501

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. 2-23-11

COMMONWEALTH OF VIRGINIA

SUBCONTRACTOR/SUPPLIER SOLICITATION AND UTILIZATION FORM (ALL BIDDERS)

PROJECT NO.: 0011-086-849,C501 CONTRACT ID. NO.: C0000119444C01

FHWA NO: STP-086-1(080) DATE SUBMITTED____________________

All bidders, including DBEs bidding as Prime Contractors, shall complete and submit the following information as requested in this form within ten (10) business days after the opening of bids.

The bidder 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 bidder also certifies he/she has had direct contact with the named firms regarding participation on this project.

BIDDER_________________________________SIGNATURE________________________________

TITLE_____________________________________________________________________________

SUBCONTRACTOR/SUPPLIER SOLICITATION AND UTILIZATION (ALL)

VENDOR

NUMBER

NAME OF SUBCONTRACTOR/SUPPLIER

TELEPHONE NUMBER

DBE OR

NON-DBE

UTILIZED

(Y/N)

NOTE: ATTACH ADDITIONAL PAGES, IF NECESSARY.

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

Form C-7DD Rev. 1-19-12

SHEET 1 of

TERMS OF THE PROPOSAL\CONTRACT

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

SUBMITTED: 10:00 A.M. WEDNESDAY, JANUARY 17, 2024

PROJECT NUMBER: 0011-086-849,C501

ROUTE NUMBER: 11

FHWA NUMBER: STP-086-1(080)

DESCRIPTION: SMART SCALE - INTERSECTION IMPROVEMENTS

FROM: 0.038 MI. S. RIFTON DR.

TO: 0.087 MI. N. RIFTON DR.

DISTRICT: BRISTOL COUNTY: SMYTH

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.

80 DAYS AND NO LATER THAN AUGUST 30, 2024

Month\Day\Year Consecutive Calendar days Selected Fixed Completion Date

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 11/29/2023Date Printed:

Schedule of Items Page: 2

Proposal ID: C0000119444C01 0011-086-849,C501

Order No.: K63

Oversight/State Project No.:

Federal Project No.: STP-086-1(080)

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 303SD20-0025

CHECK DAM SEDIMENT

RETENTION ROLL 20"

EA

6.000

0020 303SD20-0029

SILTATION CONTROL

EXCAVATION

CY

66.000

0030 303SD20-0031

INLET PROTECTION TYPE B EA

8.000

0040 303SD20-0034

TEMP. SILT FENCE TYPE A LF

130.000

0050 310SD20-0001

TACK COAT GAL

593.000

0060 315SD20-0003

ASPHALT CONCRETE TY. SM-

12.5E CONST

TON

651.000

0070 502SD20-0053

MEDIAN STRIP MS-1 SY

40.000

0080 512SD20-0013

TYPE 3 BARRICADE 8' EA

1.000

0090 512SD20-0014

TEMPORARY SIGN SF

300.000

0100 512SD20-0024

GROUP 2 CHANNELIZING

DEVICES

DAY

4,510.000

0110 512SD20-0026

ELECTRONIC ARROW BOARD HR

2,640.000

0120 512SD20-0027

FLAGGER SERVICE HR

300.000

0130 512SD20-0029

WARNING LIGHT TY. B DAY

240.000

Schedule of Items Page: 3

Proposal ID: C0000119444C01 0011-086-849,C501

Order No.: K63

Oversight/State Project No.:

Federal Project No.: STP-086-1(080)

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.

0140 512SD20-0042

ERADICATE LINEAR PVMT

MRKG

LF

325.000

0150 512SD20-0044

TEMP. PAVE. MARKER 1 WAY EA

27.000

0160 512SD20-0045

TEMP. PAVE. MARKER 2 WAY EA

27.000

0170 512SD20-0054

TEMP. PVMT MRKG TY. E, 6" LF

1,015.000

0180 512SD20-0061

TEMP. PVMT MRKG TY. D, CL.

III, 4"

LF

2,025.000

0190 512SD20-0063

TEMP. PVMT MRKG TY. D, CL.

III, 8"

LF

540.000

0200 512SP20-0001

PORTABLE TEMPORARY

RUMBLE STRIP ARRAY

DAY

30.000

ATTD

0210 513SD20-0001

MOBILIZATION LUMP SUM _________._____LUMP SUM

0220 515SD20-0004

FLEXIBLE PAVE.PLANING 0"-

2"

SY

5,921.000

0230 517SD20-0001

CONSTRUCTION SURVEYING

CONSTR.

LUMP SUM _________._____LUMP SUM

0240 700SD20-0003

REMOVE EXISTING 1 POST

SIGN STRUCTURE

EA

2.000

0250 700SD20-0037

SIGN POST STP-1, 2 1/2", 12

GAUGE

LF

44.000

0260 700SD20-0038

CONC. FOUND. STP-1, TY. A EA

4.000

Schedule of Items Page: 4

Proposal ID: C0000119444C01 0011-086-849,C501

Order No.: K63

Oversight/State Project No.:

Federal Project No.: STP-086-1(080)

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.

0270 701SD20-0001

SIGN PANEL SF

64.000

0280 702SD20-0011

FLEXIBLE POST

DELINEATOR, SURFACE

MOUNT

EA

175.000

0290 704SD20-0006

TYPE B CLASS I PVMT LINE

MRKG 4"

LF

6,000.000

0300 704SD20-0015

TYPE B CLASS II PVMT LINE

MRKG 24"

LF

344.000

0310 704SD20-0032

INLAID PAVEMENT MARKER

ASPHALT

EA

5.000

ATTD

0320 704SD20-0051

DBL TURN ARR.THRU/LT OR

RT TY B, CL II

EA

9.000

Section: 0001 _________._____Total:

Total Bid: _________._____

Page

Bid Items Eligible For Fuel Adjustment

C0000119444C01

K63

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

_______SILTATION CONTROL EXCAVATION 0.290303SD20-

_______TACK COAT 0.016310SD20-

_______ASPHALT CONCRETE TY. SM-12.5E CONST 3.500315SD20-

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

Date:

Signature:

(Firm or Corporation)

(Vendor No.)

Bid Items Eligible For Steel Price Adjustment

C0000119444C01

K63

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

_______SIGN POST STP-1, 2 1/2", 12 GAUGE700SD20-

Date:

Signature:

(Firm or Corporation)

(Vendor No.)

Bid Items Eligible For Asphalt Adjustment within this Project

C0000119444C01

K63

Contract ID:

Order No.:

0001 REGULAR BID ITEMSSECTION:

ltem Description Item

Number

TACK COAT310SD20-0001

ASPHALT CONCRETE TY. SM-12.5E CONST315SD20-0003

Determination of Major Items

1C0000119444C01Contract ID:

ltem Description Item

Number

ASPHALT CONCRETE TY. SM-12.5E CONST315SD20-0003

FLEXIBLE PAVE.PLANING 0"-2"515SD20-0004

FLEXIBLE POST DELINEATOR, SURFACE MOUNT702SD20-0011

Form C-111

Rev. 2-15-11

MINIMUM DBE REQUIREMENTS

PROJECT NO: 0011-086-849,C501

FHWA NO: STP-086-1(076)

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

THIS FORM CAN BE USED BY THE CONTRACTOR TO SUBMIT THE NAMES OF DBE FIRMS TO BE UTILIZED ON THE PROJECT. THE CONTRACTOR SHALL INDICATE THE DESCRIPTION OF THE CATEGORY (S, M, SP or H) AND THE TYPE OF WORK THAT EACH DBE WILL PERFORM AND THE ALLOWABLE CREDIT PER ITEM(S). ADDITIONAL SHEETS TO SHOW THE ALLOWABLE CREDIT PER ITEM MAY BE ATTACHED IF NECESSARY. PLEASE NOTE: THE AMOUNT OF ALLOWABLE CREDIT FOR A DBE SUPPLIER IS 60% OF THE TOTAL COST OF THE MATERIALS OR SUPPLIES OBTAINED AND 100% FOR A DBE MANUFACTURER OF THE MATERIALS AND SUPPLIES OBTAINED. A CONTRACTOR MAY COUNT 100% OF THE FEES PAID TO A DBE HAULER FOR THE DELIVERY OF MATERIALS AND SUPPLIES TO THE PROJECT SITE, BUT NOT FOR THE COST

OF THE MATERIALS AND SUPPLIES THEMSELVES.

SECTION I:

DBE REQUIREMENT 1 %

SECTION II:

PERCENT ATTAINED BY BIDDER %

NAME(s) AND CERTIFICATION

NO. OF DBE(s) TO BE USED

USED AS

SUBCONTR. (S)

MFG. (M)

SUPPLIER (SP)

HAULER (H)

TYPE OF WORK & ITEM

NO(s)

AMT. OF

ALLOWABLE

CREDIT PER

ITEM

TOTAL: $

Total Contract Value $ X Required DBE % =$

I/WE CERTIFY THAT THE PROPOSED DBE (S) SUBMITTED WILL BE USED ON THIS CONTRACT AS

STATED HEREON AND ASSURE THAT DURING THE LIFE OF THE CONTRACT, I/WE WILL MEET OR

EXCEED THE PARTICIPATION ESTABLISHED HEREON BY THE DEPARTMENT.

By

BIDDER SIGNATURE

By

TITLE DATE

Form C-112 Rev. 3-1-11

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

CERTIFICATION OF BINDING AGREEMENT WITH

DISADVANTAGED BUSINESS ENTERPRISE FIRMS

Project No.: 0011-086-849,C501

FHWA NO: STP-086-1(076)

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

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

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

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

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

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

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

SUBCONTRACTORS HAVING A CONTRACT WITH THE BELOW NAMED DBE FIRM

Prime Contractor:

By:

Signature Title Date:

First Tier Subcontractor If Applicable:

Form C-112 Rev. 3-1-11

Second Tier

If Applicable:

Third Tier

If Applicable

DBE Contractor

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

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

CN211-000100-00 POLISHING AGGREGATE IN ASPHALT CONC. R-7-12-16 (SPCN) 1

CN315-000100-00 SEC. 315.05(C) PLACING AND FINISHING 1-18-17 (SPCN) 2

CN512-000310-00 POLICE PATROLS R-7-12-16 (SPCN) 2

CN704-000200-00 INLAID PAVE. MARKER LOC. AND SPACING 8-11-21 (SPCN) 3

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

CQ107-000150-00 EQUAL EMPLOYMENT OPPORTUNITY 5-11-22 4

CQ512-000321-00 CONTRACTOR MAINT. OF TEMP. MARKINGS 6-13-17 (SPCN) 5

PROSECUTION OF WORK 8-26-19 (SPCN) 5

SP0F0-000100-00 PREDETERMINED MIN. WAGE RATES R-7-12-16 6

SP0F0-000130-02 FHWA 1273—REQ. PROVISIONS, FED-AID 10-3-23 13

SP0F0-000150-01 AFFIRMATIVE ACTION / EEO NOTICE 7-17-17 39

SP100-000100-00 DUAL DATE CONTRACT PROJECTS 7-12-16 45

SP102-000120-00 NON-DISCRIMIN. EMPLOY. & CONTRACT. PRACTICES (EO-61) 1-10-17 47

*SP102-000510-02 USE OF DOMESTIC MATERIAL 12-19-18 48

SP107-000110-00 C-45–SWPPP GEN. PERMIT–CONTRACTOR CERTIFICATION R-10-27-16 50

*SP107-000120-00 ELEC. SUBMISSION OF DBE AND PAYROLLS 1-21-20 51

SP107-001510-02 SEC. 107.15 (DBES) 8-18-17 53

*SP107-003000-01 BUILD AMERICA, BUY AMERICA ACT REQS FOR CONST MATLS 6-8-23 72

SP108-000100-01 PROG. SCHED. FOR CAT. I PROJECTS 3-21-22 74

*SP109-000100-04 ASPHALT MATERIAL PRICE ADJUSTMENT 6-29-23 88

SP109-000110-00 OPTIONAL ADJUSTMENT FOR FUEL R-7-12-16 89

SP109-000120-01* PRICE ADJUSTMENT FOR STEEL 7-2-19 91

*SP512-000130-00 EMPLOYMENT OF PTRS 1-24-19 96

SP522-000130-02 TREE REMOVAL TIME OF YEAR RESTRICTION 6-6-22 98

*SP704-000120-00 INLAID PAVEMENT MARKERS 8-26-19 99

SP801-000100-01 LANE CLOSE COORD (LCC)/LANE CLOSE IMPLEMENT (LCI) 9-20-17 102

SEC. 105.06—SUBCONTRACTING (FEDERAL FUNDED PROJECTS) 2-9-17_(SP) 104

SQ107-001300-00 PREVAILING WAGE RATES 10-12-2023 105

LIMITATION OF OPERATIONS 9-22-22 109

SECTION 105.08 COOPERATION WITH REGARD TO UTILITIES 9-19-22 112

SS109-002020-01 SEC. 109—MEASUREMENT AND PAYMENT 5-1-23 113

*SS211-002020-02 SECT 211 – ASPHALT CONCRETE 5-15-23 116

*SS220-002020-01 SEC. 220 – CONCRETE CURING MATERIALS 8-28-20 121

SECTION 223 – STEEL REINFORCEMENT 04/04/2023 122

*SS234-002020-01 SECTION 234 – GLASS BEADS AND RETROREFLECTIVE OPTICS 5-6-22 123

*SS235-002020-01 SECTION 235 – RETROREFLECTORS 5-6-22 124

SS236-002020-01 SECTION 236 – WOOD PRODUCTS 5-14-21 125

*SS246-002020-02 SECTION 246 – PAVEMENT MARKING 5-6-22 129

SECTION 248 – STONE MATRIX ASPHALT CONCRETE 5-26-23 137

SS315-002020-04 SECTION 315 – ASPHALT CONCRETE PLACEMENT 6-16-23 139

SS321-002020-02 SECTION 321 – TRENCH WIDENING 4-4-23 157

*SS407-002020-02 SEC. 407 – STEEL & METAL STRUCT 11-01-22 159

*SS411-002020-01 SEC. 411 – PROT. COAT. OF METAL 11-01-22 161

*SS512-002020-03 SECTION 512 – MAINTAINING TRAFFIC 7-1-22 162

*SS704-002020-02 SECTION 704 – PAVEMENT MARKINGS AND MARKERS 5-6-22 176

TABLE OF CONTENTS FOR PROVISIONS

cn100-000026-08 GENERAL PROJECT REQUIREMENTS, SUPPLEMENTAL SPECIFICATIONS

(SSs), SPECIAL PROVISIONS (SPs) AND SPECIAL PROVISION COPIED NOTES (SPCNs)

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

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

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

4-4-22 (SPCN)

cn211-000100-00 POLISHING AGGREGATE IN ASPHALT CONCRETE - Section 211—Asphalt Concrete of the Specifications is amended as follows:

Section 211.02—Materials is amended by replacing (e) with the following:

Fine or coarse aggregate that tend to polish under traffic will not be permitted in any final surface exposed to traffic except as permitted within the limits of Section 211.04(a) and (b) of the Specifications and as designated by the Engineer or as permitted elsewhere in these Specifications.

Section 211.04—Asphalt Concrete Mixtures is amended by replacing (a) and (b) with the following:

Asphalt concrete mixtures shall conform to Table II-14 and the following:

(a) Types SM-9.0A, SM-9.0D, SM-9.0E, SM-9.5A, SM-9.5D and SM- 9.5E asphalt concrete shall consist of crushed stone, crushed slag, or crushed gravel and fine aggregate, slag or stone screenings or a combination thereof combined with asphalt cement.

NOTE: For all surface mixes, except where otherwise noted, no more than 5 percent of all aggregate retained on the No. 4 sieve https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn211-000100-00.docx and no more than 20 percent of the total aggregate may be polish susceptible. At the discretion of the Engineer, a SM-9.5AL may be specified and polish susceptible aggregates may be used (without percentage limits).

(b) Types SM-12.5A, SM-12.5D, SM-12.5E, IM-19.0A, IM-19.0D, and IM-19.0E asphalt concrete shall consist of crushed stone, crushed slag, or crushed gravel and fine aggregate, slag or stone screenings or a combination thereof combined with asphalt cement.

NOTE: At the discretion of the Engineer, an intermediate mix may be designated as either a SM-19.0A or SM-19.0D. For SM-12.5 and SM-19.0 surface mixes, no more than 5 percent of the aggregate retained on the No. 4 sieve may be polish susceptible.

All material passing the No. 4 sieve may be polish susceptible. No more than 35 percent of the total aggregate composition (polish and non-polish susceptible) shall be passing the No. 8 sieve. At the discretion of the Engineer, a SM-12.5AL may be specified and polish susceptible aggregates may be used (without percentage limits).

10-7-09; Reissued 7-12-16 (SPCN) cn315-000100-00 SECTION 315.05(c) PLACING AND FINISHING is modified by replacing the third paragraph with the following:

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

1-18-17 (SPCN)

cn512-000310-00 POLICE PATROLS — The Contractor is advised that the Department will use Police patrols in construction work zones when traffic flow problems are anticipated, to enhance the safety of both the public and construction personnel, during the life of this contract.

4-25-88c; Reissued 7-12-16 (SPCN) [formerly cn512-030100-00] https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn315-000100-00.docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn512-000310-00.docx https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn512-030100-00.docx cn704-000200-00 INLAID PAVEMENT MARKER LOCATION AND SPACING — The Contractor shall not install markers on existing bridge decks Inlaid Pavement Markers shall be installed on new bridge decks where required by the Plans. Inlaid Pavement Markers shall be placed in relation to pavement joints and cracks as follows:

• In existing Asphalt Concrete pavement, new or existing Hydraulic Cement

Concrete pavement, and bridge decks, the edge of the groove shall be at least 2 inches from pavement joints and cracks, ensuring that the finished line of markers is straight in accordance with the tolerance for pavement markings specified in Section 704.03 of the Specifications. Offset from the longitudinal joint shall take precedence over straightness of the line of markers.

• In new Hydraulic Cement Concrete pavement or when installed in conjunction with new latex modified microsurfacing or slurry seal treatments, the edge of the groove shall be 2 inches minimum from the surface course pavement joint and 1 inch maximum off alignment from the corresponding pavement marking line. The finished line of markers shall be straight in accordance with the tolerance for pavement markings specified in Section 704.03 of the Specifications. Straightness of the line of markers and alignment with the corresponding pavement marking line takes precedence over offset from the surface course joint.

8-11-21

DRUG-FREE WORKPLACE– The Contractor shall:

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

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

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

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

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

7-3-19 (SPCN)

https://covgov.sharepoint.com/sites/TM-VDOT-SC-Specifications-External/2020_Standard_Specifications/cn704-000200-00.docx cq107-000150-00 EQUAL EMPLOYMENT OPPORTUNITY Section 107.14(a)1 – Required by §2.2-4201 and §2.2-4311 of the Code of Virginia is replaced with the following:

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

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

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

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

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

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

5-11-22 (SPCN)

CONTRACTOR MAINTENANCE OF TEMPORARY MARKINGS – The second, third, and fourth paragraphs of Section 512.03(k)3 of the Specifications will also apply to Sections 512.03(k)1 and 512.03(k)2 of the Specifications.

6-13-17 (SPCN)

PROSECUTION OF WORK - The Contractor may schedule and perform work on this Contract any time within the fixed time limit set forth in the Contract; however, once Contract work commences, the Contractor shall complete all Contract work, including burn-in period, within 75 calendar days.

8-26-19 (SPCN)

SP0F0-000100-00

Reissued July 12, 2016

PREDETERMINED MINIMUM WAGE RATES

"General Decision Number: VA20230091 01/06/2023

Superseded General Decision Number: VA20220091

State: Virginia

Construction Type: Highway

County: Smyth County in Virginia.

HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction;

bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction;

and other major bridges).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $16.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2023. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/SP0F0-000100-00.docx

|extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2023. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2023

SUVA2016-027 07/02/2018

Rates Fringes

CARPENTER, Includes Form Work....$ 16.52 0.00

CEMENT MASON/CONCRETE FINISHER...$ 19.35 0.00

IRONWORKER, REINFORCING..........$ 20.80 0.00

LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 15.90 ** 0.00

LABORER: Common or General......$ 13.79 ** 0.00

LABORER: Pipelayer..............$ 16.75 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 20.53 0.00

OPERATOR: Broom/Sweeper.........$ 12.25 ** 0.23

OPERATOR: Bulldozer.............$ 19.36 0.00

OPERATOR: Crane.................$ 26.68 0.00

OPERATOR: Grader/Blade, Includes Finishing...............$ 26.13 0.00

OPERATOR: Loader................$ 19.36 0.00

OPERATOR: Mechanic..............$ 18.57 0.00

OPERATOR: Milling Machine.......$ 21.13 0.00

OPERATOR: PAVEMENT PLANER

GROUNDSMEN.......................$ 14.81 ** 0.29

OPERATOR: PAVEMENT PLANER.......$ 17.28 0.00

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.80 0.00

OPERATOR: Roller (Finishing)....$ 15.17 ** 0.00

OPERATOR: Roller................$ 15.85 ** 0.00

OPERATOR: TRACTOR (UTILITY).....$ 12.25 ** 0.23

OPERATOR: Asphalt Spreader and Distributor..................$ 15.95 ** 0.00

PAVEMENT MARKING OPERATOR........$ 19.80 0.00

PAVEMENT MARKING TRUCK DRIVER....$ 19.00 0.00

TRAFFIC CONTROL: Flagger.......$ 11.45 ** 0.00

TRUCK DRIVER : HEAVY 7CY &

UNDER............................$ 16.69 0.00

TRUCK DRIVER: 1/Single Axle Truck............................$ 15.80 ** 0.00

TRUCK DRIVER: HEAVY OVER 7

CY...............................$ 16.69 0.00

TRUCK DRIVER: MULTI AXLE........$ 16.41 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information.

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.

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) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of 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. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

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

SP0F0-000130-02

October 3, 2023

FHWA-1273 (Electronic Version)

The following Form FHWA-1273 titled REQUIRED CONTRACT PROVISIONS, FEDERAL-AID CONSTRUCTION CONTRACTS shall apply to this contract:

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.

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.