K96_115719.pdf

ORDER NO.: K96

CONTRACT ID. NO.: C0000115719C01

Form C-6a

Rev. 3-22-05

CNSP (F) 1-9-06

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

BID PROPOSAL AND CONTRACT

ROUTE NUMBER: 33

FHWA NUMBER: STP-5115(285)

PROJECT NUMBER: 0033-082-899,M501

COUNTY: ROCKINGHAM

DISTRICT: STAUNTON

DESCRIPTION: SMART SCALE - INTERSECTION IMPROVEMENTS

FROM: 0.078 MI. W. OF INT. RTE. 33 & RTE. 620

TO: 0.067 MI. N. OF INT. RTE. 33 & RTE. 620

DATE BID SUBMITTED: 10:00 A.M. WEDNESDAY, MARCH 27, 2024

Form C-118 Rev. 7-6-05

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

NOTICE TO BIDDERS

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

1. Bids shall be filed electronically through Bidx (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.

Form C-24 Rev. 7-6-05

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

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: 0033-082-899,M501

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)

By: By:

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

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

By: By:

(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

DEPARTMENT OF TRANSPORTATION

SUBCONTRACTOR/SUPPLIER SOLICITATION AND UTILIZATION FORM (ALL BIDDERS)

PROJECT NO.: 0033-082-899,M501 CONTRACT ID. NO.: C0000115719C01

FHWA NO: STP-5115(285) 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-7 Rev. 1-19-12

SHEET 1

TERMS OF THE PROPOSAL\CONTRACT

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

SUBMITTED: 10:00 A.M. WEDNESDAY, MARCH 27, 2024

PROJECT NUMBER: 0033-082-899,M501

ROUTE NUMBER: 33

FHWA NUMBER: STP-5115(285)

DESCRIPTION: SMART SCALE - INTERSECTION IMPROVEMENTS

FROM: 0.078 MI. W. OF INT. RTE. 33 & RTE. 620

TO: 0.067 MI. N. OF INT. RTE. 33 & RTE. 620

DISTRICT: STAUNTON COUNTY: ROCKINGHAM

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

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

COMPLETION DATE: NOVEMBER 1, 2024

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 02/09/2024Date Printed:

Schedule of Items Page: 2

Proposal ID: C0000115719C01 0033-082-899,M501

Order No.: K96

Oversight/State Project No.:

Federal Project No.: STP-5115(285)

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 302SD20-0013

ENDWALL EW-12 EA

1.000

0020 303SD20-0004

GRADING LUMP SUM _________._____LUMP SUM

0030 303SD20-0023

CHECK DAM ROCK TY. II EA

8.000

0040 303SD20-0029

SILTATION CONTROL

EXCAVATION

CY

51.000

0050 303SD20-0030

INLET PROTECTION TYPE A EA

1.000

0060 303SD20-0034

TEMP. SILT FENCE TYPE A LF

209.000

0070 303SX20-0008

GEOTEXTILE SUBGRADE

SEPARATION

SY

565.000

0080 305SX20-0006

SELECT MATERIAL TYPE OGB TON

108.000

ATTD

0090 309SD20-0006

AGGR. MATL. NO. 21B TON

212.500

0100 315SD20-0001

ASPHALT CONCRETE TY. SM-

12.5A CONST

TON

293.500

0110 315SD20-0010

ASPHALT CONCRETE TY. BM-

25.0A CONST

TON

193.500

0120 315SD20-0104

SAW-CUT ASPHALT

CONCRETE

LF

629.000

0130 414SD20-0003

EROSION CTRL. STONE CL. I,

EC-1

TON

26.000

Schedule of Items Page: 3

Proposal ID: C0000115719C01 0033-082-899,M501

Order No.: K96

Oversight/State Project No.:

Federal Project No.: STP-5115(285)

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 501SD20-0007

CROSSDRAIN CD-2 LF

22.000

0150 501SD20-0009

OUTLET PIPE LF

59.000

0160 508SD20-0004

DEMO. OF PAVEMENT

FLEXIBLE

SY

238.000

0170 512SD20-0014

TEMPORARY SIGN SF

316.000

0180 512SD20-0023

TRUCK MOUNTED

ATTENUATOR

HR

600.000

0190 512SD20-0024

GROUP 2 CHANNELIZING

DEVICES

DAY

1,120.000

0200 512SD20-0025

PORT.CHANGEABLE MESS.

SIGN

HR

2,160.000

0210 512SD20-0026

ELECTRONIC ARROW BOARD HR

600.000

0220 512SD20-0027

FLAGGER SERVICE HR

1,280.000

0230 512SD20-0042

ERADICATE LINEAR PVMT

MRKG

LF

780.000

0240 512SD20-0043

ERADICATE NONLINEAR

PVMT MRKG

SF

120.000

0250 512SD20-0052

TEMP. PVMT. SYMB. MRKG

SNGL TURN ARROW TY. A

EA

5.000

0260 512SP20-0001

PORTABLE TEMPORARY

RUMBLE STRIP ARRAY

DAY

80.000

ATTD

Schedule of Items Page: 4

Proposal ID: C0000115719C01 0033-082-899,M501

Order No.: K96

Oversight/State Project No.:

Federal Project No.: STP-5115(285)

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 512SX20-0040

POLICE PATROL UNIFORMED

FLAGGER

HR

80.000

ATTD

0280 513SD20-0001

MOBILIZATION LUMP SUM _________._____LUMP SUM

0290 515SD20-0004

FLEXIBLE PAVE.PLANING 0"-

2"

SY

1,045.000

0300 517SD20-0002

CONSTRUCTION SURVEYING

MIN. PLAN

LUMP SUM _________._____LUMP SUM

0310 602SD20-0004

TOPSOIL CLASS B CY

73.000

0320 603SD20-0002

TEMPORARY SEED LB

18.000

0330 603SD20-0003

REGULAR SEED LB

72.000

0340 603SD20-0004

OVERSEEDING LB

58.000

0350 603SD20-0007

HYDRAULIC EROSION

CONTROL PRODUCT TYPE 1

SY

545.000

0360 603SD20-0009

HYDRAULIC EROSION

CONTROL PRODUCT TYPE 3

SY

1,416.000

0370 603SD20-0014

FERTILIZER NITROGEN - N LB

18.000

0380 603SD20-0015

FERTILIZER PHOSPHOROUS

- P

LB

13.000

0390 603SD20-0016

FERTILIZER POTASSIUM - K LB

13.000

Schedule of Items Page: 5

Proposal ID: C0000115719C01 0033-082-899,M501

Order No.: K96

Oversight/State Project No.:

Federal Project No.: STP-5115(285)

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.

0400 603SD20-0017

LIME TON

0.990

0410 606SD20-0001

ROLLED EROSION CTRL

PRODUCT EC-2 TYPE 1

SY

227.000

0420 700SD20-0012

RELOCATE EX. 1 POST GRND

MOUNT SGN PANEL

EA

3.000

0430 704SD20-0006

TYPE B CLASS I PVMT LINE

MRKG 4"

LF

1,191.000

0440 704SD20-0007

TYPE B CLASS I PVMT LINE

MRKG 6"

LF

238.000

0450 704SD20-0010

TYPE B CLASS I PVMT LINE

MRKG 24"

LF

40.000

0460 704SD20-0048

PVMT SYMB MRKG SGL

TURN ARR. TY B CL II

EA

3.000

0470 704SD20-0051

DBL TURN ARR.THRU/LT OR

RT TY B, CL II

EA

2.000

Section: 0001 _________._____Total:

Total Bid: _________._____

Page

Bid Items Eligible For Fuel Adjustment

C0000115719C01

K96

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-

_______AGGR. MATL. NO. 21B 0.600309SD20-

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

_______ASPHALT CONCRETE TY. BM-25.0A CONST 3.500315SD20-

_______EROSION CTRL. STONE CL. I, EC-1 0.600414SD20-

_______DEMO. OF PAVEMENT FLEXIBLE 0.200508SD20-

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

Date:

Signature:

(Firm or Corporation)

(Vendor No.)

Bid Items Eligible For Asphalt Adjustment within this Project

C0000115719C01

K96

Contract ID:

Order No.:

0001 REGULAR BID ITEMSSECTION:

ltem Description Item

Number

ASPHALT CONCRETE TY. SM-12.5A CONST315SD20-0001

ASPHALT CONCRETE TY. BM-25.0A CONST315SD20-0010

Virginia Department of Transportation Date Printed: 02/09/2024

Determination of Major Items

1C0000115719C01Contract ID:

ltem Description Item

Number

ASPHALT CONCRETE TY. SM-12.5A CONST315SD20-0001

ASPHALT CONCRETE TY. BM-25.0A CONST315SD20-0010

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

Form C-111 Rev. 2-15-11

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION

MINIMUM DBE REQUIREMENTS

PROJECT NO: 0033-082-899,M501

FHWA NO: STP-5115(285)

* * * 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 9%

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.: 0033-082-899,M501

FHWA NO: STP-5115(285)

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:

By:

Form C-112 Rev. 3-1-11

Second Tier Subcontractor If Applicable:

By:

Signature Title

Date:

Third Tier Subcontractor If Applicable

By:

Signature Title

Date:

DBE Contractor

By:

Date:

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

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

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

CN512-000100-00 TABLE V-1, ADT GROUPS 7-12-16 (SPCN) 2

*DRUG-FREE WORKPLACE 7-3-19 (SPCN) 2

CQ107-000150-00 EQUAL EMPLOYMENT OPPORTUNITY 5-11-22 3

UNIFORMED FLAGGERS R-7-12-16_(SPCN) 4

PIPE BACKFILL MATERIAL 12-9-20 (SPCN) 4

CQ512-000321-00 CONTRACTOR MAINT. OF TEMP. MARKINGS 6-13-17 (SPCN) 4

SECTION 303 – EARTHWORK 2-13-23 (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 38

SP102-000120-00 NON-DISCRIMIN. EMPLOY. & CONTRACT. PRACTICES (EO-61) 1-10-17 44

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

*SP107-000120-00 ELEC. SUBMISSION OF DBE AND PAYROLLS 1-21-20 46

SP107-001510-02 SEC. 107.15 (DBES) 8-18-17 48

*SP107-003000-01 BUILD AMERICA, BUY AMERICA ACT REQS FOR CONST MATERIALS 6-8-23 68

SP108-000100-01 PROG. SCHED. FOR CAT. I PROJECTS 3-21-22 70

*SP109-000100-04 ASPHALT MATERIAL PRICE ADJUSTMENT 6-29-23 85

SP109-000110-00 OPTIONAL ADJUSTMENT FOR FUEL R-7-12-16 86

SP303-000210-00 USE OF NUMBER 10 SCREENINGS 4-28-17 88

*SP309-000100-00 SELECT MATERIAL – TYPE OGB 4-20-18 91

SP522-000130-02 TREE REMOVAL TIME OF YEAR RESTRICTION 6-6-22 92

*SP512-000130-00 EMPLOYMENT OF PTRS 1-24-19 93

SEC. 105.06—SUBCONTRACTING (FEDERAL FUNDED PROJECTS) 2-9-17_(SP) 95

SECTION 107 LEGAL RESPONSIBILITIES (PROTECTION OF KARST FEATURES) 12-11-20 96

SQ107-001300-00 PREVAILING WAGE RATES 10-12-2023 98

SS109-002020-01 SEC. 109—MEASUREMENT AND PAYMENT 5-1-23 102

CONTROLLED BLASTING 10-13-20 105

SHALE FILL 7-1-19 107

*SS211-002020-02 SECT 211 – ASPHALT CONCRETE 5-15-23 109

*SS220-002020-01 SEC. 220 – CONCRETE CURING MATERIALS 8-28-20 114

SECTION 223 – STEEL REINFORCEMENT 04/04/2023 115

*SS234-002020-01 SECTION 234 – GLASS BEADS AND RETROREFLECTIVE OPTICS 5-6-22 116

*SS235-002020-01 SECTION 235 – RETROREFLECTORS 5-6-22 117

SS236-002020-01 SECTION 236 – WOOD PRODUCTS 5-14-21 118

*SS246-002020-02 SECTION 246 – PAVEMENT MARKING 5-6-22 122

SECTION 248 – STONE MATRIX ASPHALT CONCRETE 5-26-23 130

*SS305-002020-02 SECTION 305 – SUBGRADE AND SHOULDERS 12-20-23 132

SS308-002020-01 SECTION 308 -SUBBASE COURSE 7-13-21 134

SS309-002020-01 SECTION 309 - AGGREGATE BASE COURSE 7-13-21 135

SS315-002020-04 SECTION 315 – ASPHALT CONCRETE PLACEMENT 6-16-23 136

SS318-002020-01 SECTION 318—PAVEMENT INTERLAYERS 8-2-23 153

SS321-002020-02 SECTION 321 – TRENCH WIDENING 4-4-23 154

*SS407-002020-02 SEC. 407 – STEEL & METAL STRUCT 11-01-22 156

*SS411-002020-01 SEC. 411 – PROT. COAT. OF METAL 11-01-22 158

*SS512-002020-03 SECTION 512 – MAINTAINING TRAFFIC 7-1-22 159

*SS704-002020-02 SECTION 704 – PAVEMENT MARKINGS AND MARKERS 5-6-22 172

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)

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)

https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn315-000100-00.docx cn512-000100-00 TABLE V-1, ADT GROUPS — The Specifications are amended to include the following table:

TABLE V-1

Average Daily Traffic (ADT) Groups Traffic Group ADT Traffic Group ADT

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

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

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

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

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

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

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

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

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

XIX 40,000 & over

7-12-16 (SPCN)

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://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/cn512-000100-00.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)

UNIFORMED FLAGGERS - The Contractor shall utilize off-duty uniformed police officers for control of traffic through signalized intersections during periods when the control equipment is non-operational. It is expressly understood that the work under this pay item exceeds the requirements and duties typically associated with flagger service. Off duty police officers will not be required to have VDOT flagger certification to perform this work. Police assisted flagger service will be measured and paid for in hours of in duty service. This price will be full compensation for furnishing uniform officers and all associated costs.

Payment will be made under:

Pay Item Pay Unit

Uniformed Flaggers Hours

9-29-08; Reissued 7-12-16_(SPCN)

PIPE BACKFILL MATERIAL – Pipe backfill shall be performed in accordance with VDOT Standard PB-1 and Section 302.03(a)2.g. of the Specifications unless noted herein. Regular Backfill material within the limits of roadway embankments and under existing or proposed roadway shall meet a minimum CBR value of 15.0 as determined by VTM-8. No. 10 screenings may be used as Regular Backfill or bedding material in accordance with the Special Provision for Use of Number 10 Screenings.

Ground line shall be considered the top of trench at the time of pipe installation. When pipe does not project above ground line, Regular Backfill shall extend to the top of the pipe trench in fills or subgrade in cuts.

Outlet pipes for storm water management basins shall be installed as noted on the plans. Furnishing, placing, and compacting Regular Backfill, bedding material, and disposing of unsuitable material excavated from the trench will not be measured for separate payment.

12-9-20 (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)

SECTION 303 – EARTHWORK of the Specifications is amended as follows:

Section 303.04(a) Regular Excavation is amended to include the following:

All Regular Excavation used to construct embankments for this project shall meet a minimum CBR value as shown on the plans (determined per VTM-8), shall not include soils with Liquid Limits greater than 40 (determined per AASHTO T 89) and Plasticity Indices greater than 20 (determined per AASHTO T 90) unless stabilized with lime (per VTM-11) or cement (per VTM-72), or as approved by the District Materials Engineer. If the Contractor demonstrates that stabilization of the onsite excavation is the most cost effective construction method and pay items for manipulation and cement or lime are not included in the contract, the work will be measured and paid for in accordance with Section 109.05 of the Specifications.

Section 303.04(b) Borrow Excavation is amended to replace the fifth paragraph with the following:

All Borrow Excavation for this project shall meet a minimum CBR value as shown on the plans (determined per VTM-8), shall not include soils with Liquid Limits greater than 40 (determined per AASHTO T 89) and Plasticity Indices greater than 20 (determined per AASHTO T 90) unless stabilized with lime (per VTM-11) or cement (per VTM-72), or as approved by the District Materials Engineer. If the Contractor demonstrates that stabilization onsite excavation is the most cost effective construction method and pay items for manipulation and cement or lime are not included in the contract, the work will be measured and paid for in accordance with Section 109.05 of the Specifications. If stabilization is used, borrow excavation quantities will be adjusted in accordance with Section 104.02(a) of the Specifications. Number 10 screenings may be used as borrow material in accordance with the Special Provision for Use of Number 10 Screenings and will be paid for as borrow material.

Section 303.04(h) Embankments is amended to replace the twenty third paragraph with the following:

All Embankment for this project shall meet a minimum CBR value as shown on the plans (determined per VTM-8), shall not include soils with Liquid Limits greater than 40 (determined per AASHTO T 89) and Plasticity Indices greater than 20 (determined per AASHTO T 90) unless stabilized with lime (per VTM-11) or cement (per VTM-72), or as approved by the District Materials Engineer. If the Contractor demonstrates that stabilization of the onsite embankment is the most cost effective construction method and pay items for manipulation and cement or lime are not included in the contract, the work will be measured and paid for in accordance with Section 109.05 of the Specifications. If stabilization is used, embankment quantities will be adjusted in accordance with Section 104.02(a) of the Specifications.

Number 10 screenings may be used as embankment in accordance with the Special Provision for Use of Number 10 Screenings and will be paid for as embankment.

2-13-23 (SPCN)

SP0F0-000100-00

Reissued July 12, 2016

PREDETERMINED MINIMUM WAGE RATES

"General Decision Number: VA20240189 01/05/2024

Superseded General Decision Number: VA20230189

State: Virginia

Construction Type: Highway

Counties: Harrisonburg* and Rockingham Counties in Virginia.

*including the independent city of Harrisonburg

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)(1).

|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 $17.20 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 2024. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | https://outsidevdot.cov.virginia.gov/P0JQP/2016_Standard_Specifications/SP0F0-000100-00.docx

|January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 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 2024. |

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 01/05/2024

ELEC0080-011 12/01/2021

Rates Fringes

ELECTRICIAN, Includes Traffic Signalization....................$ 30.55 11.51

SUVA2016-074 07/02/2018

Rates Fringes

CARPENTER, Includes Form Work....$ 17.65 0.00

CEMENT MASON/CONCRETE FINISHER...$ 19.76 0.00

IRONWORKER, REINFORCING..........$ 22.71 0.00

IRONWORKER, STRUCTURAL...........$ 27.38 0.00

LABORER: Asphalt, Includes Raker, Shoveler, Spreader and

Distributor......................$ 15.40 ** 0.00

LABORER: Common or General......$ 15.02 ** 0.00

LABORER: Grade Checker..........$ 15.07 ** 0.00

LABORER: Pipelayer..............$ 15.11 ** 0.00

LABORER: Power Tool Operator....$ 15.69 ** 0.00

OPERATOR:

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

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 19.16 4.45

OPERATOR: Broom/Sweeper.........$ 14.32 ** 0.25

OPERATOR: Crane.................$ 25.82 0.00

OPERATOR: Drill.................$ 24.66 0.00

OPERATOR: Gradall...............$ 18.65 0.00

OPERATOR: Grader/Blade..........$ 26.13 0.00

OPERATOR: Hydroseeder...........$ 16.64 ** 0.00

OPERATOR: Loader................$ 18.39 0.00

OPERATOR: Mechanic..............$ 20.60 0.00

OPERATOR: Milling Machine.......$ 23.12 3.60

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.92 ** 0.00

OPERATOR: Piledriver............$ 21.83 4.08

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

OPERATOR: Screed................$ 22.13 4.89

OPERATOR: Asphalt Spreader and Distributor..................$ 16.40 ** 0.00

OPERATOR: Bulldozer, Including Utility................$ 17.99 0.00

TRAFFIC CONTROL: Flagger.......$ 13.38 ** 1.67

TRUCK DRIVER : HEAVY 7CY &

UNDER............................$ 15.36 ** 0.00

TRUCK DRIVER: 1/Single Axle Truck............................$ 16.59 ** 0.00

TRUCK DRIVER: Fuel and Lubricant Service................$ 18.25 0.00

TRUCK DRIVER: HEAVY OVER 7

CY...............................$ 16.60 ** 0.00

TRUCK DRIVER: MULTI AXLE........$ 18.55 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 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

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) (iii)).

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…