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- VERMONT CA-96
Contract Number: C03267
Contract Name: NORWICH-BRADFORD IM 091-2(99)
VERMONT
AGENCY OF TRANSPORTATION
PROPOSAL
STANDARD SPECIFICATIONS FOR CONSTRUCTION
DATED 2024 SHALL APPLY TO THIS CONTRACT
SPECIAL PROVISIONS
SCHEDULE OF ITEMS
ELECTRONIC BID BOND to be submitted in the amount of 5% of the Contractor's bid.
BIDDING PROCEDURE
Bid Proposals will not be read unless accompanied by an electronic bid bond, and they may be rejected as
irregular if they are not in compliance with Agency specifications.
NOTE: All bid proposals shall be properly filled out and submitted electronically utilizing iCX Web
System services.
VTrans Mission and Vision
Through excellent customer service, provide for the safe and efficient movement of people and goods.
A safe, reliable, and multimodal transportation system that grows the economy, is affordable to use and
operate, and serves vulnerable populations.
Cover Page Proposal ____________________________________________________________ 1
Table of Contents _______________________________________________________________ 2
Project Special Provisions ________________________________________________________ 3
Required Contract Provisions for Federal Aid Construction Contracts FHWA 1273 June 2026 __ 12
USDOL Davis Bacon Wage Rates 2026 - Orange County _______________________________ 24
USDOL Davis Bacon Wage Rates 2026 - Windsor County ______________________________ 28
Bidding Requirements and Conditions ______________________________________________ 32
DBE Policy Required Contract Requirements CR110 - 2026 _____________________________ 44
Attachment C - Standard State Contract and Grant Provisions Rev 2-13-26 _________________ 49
USDOT Standard Title VI Nondiscrim Assurances Appendix A and E _____________________ 59
Standard Federal EEO Construction Contract Specifications _____________________________ 62
Contractor EEO Certification Form - CA109 _________________________________________ 69
Vermont AOT Certificate of Compliance - CA271 _____________________________________ 70
Vermont AOT Minimum Labor and Truck Rates - CA101 _______________________________ 74
Commodity Index Prices CA170 - Spec Book 2024 ____________________________________ 75
Proposal Schedule of Pay Items ____________________________________________________ 76
Norwich-Bradford IM 091-2(99)
PIN Number(s): 24v008 Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 1
SPECIAL PROVISIONS
1. NOTICE TO BIDDERS – CONTRACT COMPLETION DATE. This Contract shall be completed
on or before October 15, 2027.
2. NOTICE TO BIDDERS – PROHIBITION OF RUSSIAN GOODS. The Contractor is hereby
notified that, pursuant to Vermont Executive Order No. 02-22, dated March 3rd, 2022, the
purchase of Russian-sourced goods and goods produced by Russian entities (defined as institutions
or companies that are headquartered in Russia or have their principal place of business in Russia)
is prohibited. The awarded Contractor must fill out and sign the Executive Order 02-22 Vendor
Certification as part of Contract awarding process.
3. NOTICE TO BIDDERS – ELECTRONIC DOCUMENT MANAGEMENT. The Contractor is
hereby notified that the Contractor, their subcontractors, and suppliers shall create both a Doc
Express and an iCXWeb account. The Contractor shall use these applications for collection and
management of electronic documents. Doc Express can be accessed at the following link:
https://docexpress.com. iCXWeb can be accessed at the following link:
vtrans.exevision.com/icx/Index.aspx.
All costs associated with the use of Doc Express and iCXWeb will be considered incidental to
Item 635.1100, Mobilization/Demobilization. The State will manage the applications including
Contract setup upon Contract execution.
To create an account and for more information regarding the use of Doc Express see the
information at the following link:
https://outside.vermont.gov/agency/vtrans/external/docs/construction/Contracting/DocExpressOv
erviewforContractors.docx.
To create an account and for more information regarding the use of iCXWeb see the information
at the following link: https://vtrans.vermont.gov/icx.
4. NOTICE TO BIDDERS – ELECTRONIC TICKETING VTRANS PORTAL. The Contractor
is hereby notified that the Contractor, their subcontractors, and suppliers shall connect to the
VTrans Portal and use the application for distribution and management of electronic tickets (e-
tickets). VTrans Portal is a state cloud-based e-ticket database, including a web-based user
interface and a jobsite mobile e-ticket application. VTrans Portal will interface with the
Contractor’s supplier existing point of sales or e-ticketing platform and will allow VTrans to
manage bituminous material e-tickets.
Norwich-Bradford IM 091-2(99) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 2
All costs associated with the use of VTrans Portal will be considered incidental to the appropriate
Section 406 and Section 407 pay items. The Agency will manage the VTrans Portal application
including Contract setup upon Contract execution.
To create an account, connect to the VTrans Portal, and for more information regarding the use of
VTrans Portal see the information at the following link: https://www.haulhub.com/vermont-
agency-transport-22
5. NOTICE TO BIDDERS – CONTACT WITH THE AGENCY. From the time of advertising until
the actual bid opening for this Contract, all prospective Contractors, subcontractors, and suppliers
shall direct all inquiries related to this Contract solely to the Agency's Contract Administration
Section at AOT.ConstructionContractingInquiry@vermont.gov.
The deadline for submitting inquiries related to this Contract is 4:30 p.m. Eastern Time on
November 4, 2026. Inquiries received prior to this time will receive a response from the Agency.
Inquiries received after this time may receive a response at the Agency’s discretion.
6. NOTICE TO BIDDERS – OTHER SPECIFICATIONS AND CONTRACT REQUIREMENTS.
FHWA 1273 – Required Contract Provisions for Federal Aid Construction Contracts
USDOL Davis Bacon Wage Rates by County
Vermont Agency of Transportation Bidding Requirements and Conditions
Disadvantaged Business Enterprise (DBE) Policy Contract Requirements – CR-110
Attachment C – Standard State Provisions for Contracts and Grants
USDOT Standard Title VI Nondiscrimination Assurances Appendices A and E
Standard Federal Equal Employment Opportunity Construction Contract Specifications – CA26
Contractor Equal Employment Opportunity Certification Form – CA109
Vermont Agency of Transportation Certificate of Compliance – CA271
Vermont Agency of Transportation Minimum Labor and Truck Rates – CA101
Commodity Index Prices – CA170
Schedule of Pay Items
7. NOTICE TO BIDDERS – NEW PREQUALIFICATION FORM. The Contractor is hereby
notified that the Agency is required by the U.S. Department of Transportation to develop and
maintain a list of information about all firms that bid on federally funded Contracts in accordance
with 49 C.F.R. § 26.11. The Agency has developed a new electronic form to collect this
information. The Contractor shall fill out this form as part of their project-specific prequalification
for every Contract that they bid on. A link to this form is provided in the prequalification form
available through iCX and the Agency’s website.
Norwich-Bradford IM 091-2(99) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 3
8. NOTICE TO BIDDERS – DAVIS-BACON. U.S. Department of Labor Davis-Bacon wage rates
are applicable to this Contract. Copies of the applicable rates are included in this proposal.
9. NOTICE TO BIDDERS – GENERAL SPECIAL PROVISIONS. The Contractor is hereby
notified that the most recent General Special Provisions in effect on the date of advertisement shall
apply to this Contract. The General Special Provisions may be found at the following address:
https://vtrans.vermont.gov/highway/construct-material/construct-services/pre-
contractspecifications/vermont/2024
10. NOTICE TO BIDDERS – STANDARD DRAWINGS. The Vermont Agency of Transportation
Standard Drawings listed on the Index of Sheets are not included in the plan set, but may be found
at the following address:
https://resources.vtrans.vermont.gov/resources/cadd/VAOTconSTD_Name.xml?_gl=1*6cpy62*
_ga*MTU5MTQ3NTcyNi4xNzIwMjM5NjI0*_ga_V9WQH77KLW*czE3NTI3NTYyMzQkbzE
3NCRnMSR0MTc1Mjc1NjkwMyRqNjAkbDAkaDA.
11. NOTICE TO BIDDERS – INFORMATIONAL DOCUMENTS. The Contractor is hereby notified
that the following informational documents for this Contract are available on iCXWeb and the
VTrans Bid Opportunities website. These documents are being provided during the bid solicitation
period for informational purposes only.
(a) Traffic Management Plan (TMP) Checklist
12. NOTICE TO BIDDERS – SURFACE WATER WITHDRAWAL. The Contractor is hereby
notified that the Vermont state law, Act 135 of 2022, requires any person withdrawing surface
water (as defined in 10 V.S.A. § 1002 (20)) to register with and report the water withdrawal and
usage to the Vermont Department of Environmental Conservation beginning January 1, 2023.
Guidance can be found here: https://dec.vermont.gov/watershed/rivers/streamflow-protection/act-
135-surface-water-withdrawal-registration-and-reporting
13. NOTICE TO BIDDERS – ENVIRONMENTAL COMMITMENTS.
(a) Threatened, Endangered, and Rare Species. The Contractor shall ensure all personnel
working on the project site are made aware of the potential presence and protected status
of state and federal listed bats. No suitable bat habitat is present within the project limits
and no Time-of-Year (TOY) restrictions are required.
The Contractor is hereby made aware of the potential for TOY restrictions related to
proposed off-site activities. Cutting trees ≥ 3" DBH inches in diameter outside of the
contract project limits shall require review under Section 105.25 Opening Off-Site Activity
Areas.
Norwich-Bradford IM 091-2(99) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 4
(b) Invasive Material. If invasive species are delineated on the Plans or found in the project
area and confirmed by the Engineer, the invasive species, and any soil excavated from
areas that contained the invasive species, will be termed invasive material.
The Contractor shall handle the invasive material in accordance with the VTrans State
Highway System Roadside Terrestrial Invasive Plants Best Management Practices
(BMPs). The Contractor shall stockpile the invasive material separately from other soil
stockpile areas. A ground barrier and perimeter containment system shall be in place
around the area intended for stockpiling the invasive material. Equipment shall be cleaned
of all soil and plant matter prior to arriving on site in accordance with Subsection 107.06.
The equipment used for excavation and transport of invasive material shall be cleaned of
all soil and plant matter before being used for work in other areas in accordance with the
BMPs.
To the extent possible, invasive material shall be reused on site. Invasive material shall
only be reused on site in areas where the presence of the invasive species were clearly
evident. If there is an excess of invasive material, it shall be wasted in accordance with the
BMPs.
The cost of excavating invasive material will be paid for under the appropriate Contract
excavation items. When invasive species are delineated on the Plans, the additional cost
for handling invasive material, following the BMPs, cleaning equipment, and wasting
excess invasive material will be incidental to all other Contract items. When invasive
species are not delineated on the Plans, and compensation is not otherwise provided for in
the Contract, the work of handling invasive material, following the BMPs, cleaning
equipment, and wasting excess invasive material will be considered extra work in
accordance with Subsection 104.03 and will be paid for in accordance with Subsection
109.06.
14. NOTICE TO BIDDERS – UTILITIES. Existing underground and aerial facilities owned by Green
Mountain Power, Velco, Consolidated Communications, ECFiber, will not require adjustment.
The Contractor is cautioned to protect these facilities from damage.
Contacts for the above listed companies are as follows:
Velco Lucas Stubbs (802)770-9779
Green Mountain Power Evan Eccher (802) 417-8950
Consolidated Communications Eric Seward (802) 747-0567
ECFiber Dannielle Mumma (802) 763-2262
Employees or agents of the above listed companies are to be allowed free and full access within
the project limits with the tools, materials, and equipment necessary to install, operate, maintain,
place, replace, relocate, and remove their facilities.
Norwich-Bradford IM 091-2(99) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 5
There will be no extra compensation paid to the Contractor for any inconvenience caused by
working around and with the companies, or their facilities. Should the Contractor desire additional
adjustments of the utility facilities for his/her convenience, proper arrangements shall be made in
conformance with Subsection 105.09.
There are areas of underground utilities that may require additional locating beyond normal dig
safe measures. The Contractor is hereby notified that exploratory excavation to locate existing
underground facilities may be necessary to protect these facilities from damage. Where approved
by the Engineer, these utilities shall be located and/or exposed by methods such as air/vacuum
excavation and/or hand digging to determine their exact location. This exploratory work shall be
classified as Trench Excavation of Earth, Exploratory and payment shall be through Pay Item
“204.2200, Trench Excavation of Earth, Exploratory, (N.A.B.I).”
The Contractor shall notify the aerial utility pole owner if excavation is within 10 feet of an existing
pole. That pole owner may choose to be onsite for this activity. There will be no excavation
allowed within 5 feet of existing poles and anchoring.
Vermont Statutes Annotated, Title 30, Chapter 86 (“Dig Safe”) requires notice to Dig Safe before
starting excavation activities. The Contractor must telephone Dig Safe at 811 at least 72 hours
(excluding Saturdays, Sundays, and legal holidays) before, but not more than 30 days before,
starting excavation activities at any location. In addition, before excavation and/or pavement
grinding in or on the state highway right-of-way, the Contractor must contact the Agency’s Traffic
Signal Superintendent, Dan Ertel, to obtain/verify the location of Agency’s underground utility
facilities or to confirm the absence of such facilities. Dan can be reached at (802) 343-2188.
The Contractor is advised that many towns are not members of Dig Safe. It is the Contractor’s
responsibility to check with towns prior to excavation and shall protect and restore utilities
damaged within the project and as set forth in Subsection 107.12.
All Contractors, subcontractors or material suppliers involved in any project-related activity shall
comply with all applicable codes and regulations related to working around live electrical lines;
including, but not limited to maintaining the required minimum clear distance from an electrical
utility facility. The Contractor’s Competent Safety Officer shall be well versed in OSHA and
VOSHA regulations and shall be capable of implementing a plan to conform to these regulations
during prosecution of work.
15. NOTICE TO BIDDERS – CONCURRENT CONSTRUCTION. The Contractor is made aware of
the following VTrans construction project(s) which are expected to be in progress within the area
of this project during its construction.
Norwich-Bradford IM 091-2(99) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 6
TABLE 1 – CONCURRENT CONSTRUCTION PROJECTS
Project Contractor
Anticipated
Contract
Completion Date
NORWICH BM26411
FAIRLEE BM26701
FAIRLEE IM 091-2(91)
BRADFORD-ST. JOHNSBURY STPG SGNL(66)
TBD
TBD
TBD
TBD
2028
2028
NOV 2028
NOV 2028
This list is not all-inclusive and it is possible there may be other VTrans, municipal, or private
construction projects within the area of this project during its construction.
The Contractor shall coordinate construction schedules and traffic control with the work required
for these projects.
There will be no extra compensation paid to the Contractor for any inconvenience caused by
working around these or other projects.
16. NOTICE TO BIDDERS – SALVAGED MATERIALS. The Contractor is hereby notified that 500
tons of fine-millings and 500 linear feet of guardrail removed and not re-used on the project shall
remain the property of the State.
All costs for loading and delivering these salvaged materials will be incidental to Contract item
210.1200, Fine-Milling Bituminous Pavement, and 621.0100 Removal of Guardrail.
The Contractor shall load 250 tons of fine-milled grindings, and 250 linear feet of guardrail
removed and not re-used on the project onto suitable transport and deliver them to the VTrans
Thetford garage at 1333 VT Route 113, Thetford, VT 05043.
The Contractor shall contact Daryl Benson, Transportation Area Maintenance Supervisor [Tel.:
(802) 356-4433] a minimum of 2 weeks prior to beginning delivery to the designated location.
The Contractor shall load 250 tons of fine-milled grindings, and 250 linear feet of guardrail
removed and not re-used on the project onto suitable transport and deliver them to the VTrans
Bradford garage at 57 Fairground Road, Bradford, Vermont 05033.
The Contractor shall contact Lance Duquette, AOT District Transportation Administrator [Tel.:
(802) 748-6670] a minimum of 2 weeks prior to beginning delivery to the designated location.
17. NOTICE TO BIDDERS – SPECIAL CONSTRUCTION REQUIREMENTS.
(a) The Contractor shall maintain a safe access to all ramps and U-turns at all times during the
construction of this project.
Norwich-Bradford IM 091-2(99) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 7
(b) During construction it will be necessary for the Contractor to maintain one-lane traffic for
extended periods of time. In no case shall the paved width for this one-lane traffic,
including shoulders, be reduced to less than 12 feet. This paved width shall remain free of
obstructions and obstacles at all times.
(c) The Contractor shall position Portable Changeable Message Signs at locations determined
by the Engineer properly warning motorists of the roadway conditions ahead. As directed
by the Engineer, these locations may change during construction as needs arise based on
daily work activities. The message to be displayed shall be submitted to the Engineer in
advance for approval. The displayed message should accurately reflect what motorists can
expect to encounter through the project area. The cost of providing the Portable Changeable
Message Signs will be paid for under Contract item 641.1500 or 641.1700, as applicable.
The Contractor shall also install and maintain appropriate construction signing warning the
traveling public of the expected roadway surface conditions.
(d) Prior to final acceptance of the project, all drop inlets and bridge joints within the project
limits shall be cleaned and all material within the drop inlets and bridge joints shall be
removed. All paved areas adjacent to curbs shall be swept and cleaned of all extraneous
material. Costs for this work will not be paid for directly, but will be considered incidental
to all Contract items.
(e) There are special events throughout the year that may require close communication and
coordination between the Contractor and the municipality to reduce conflicts. The
municipality will advise the Engineer and Contractor of the specifics of each event and the
Engineer will direct the Contractor as to what actions, if any, will be necessary on the
Contractor’s part to minimize impacts to the event. Special events that may conflict with
Contractor operations are not limited to those which may be listed in this Notice to Bidders.
There will be no extra compensation paid to the Contractor for any inconvenience caused
by working around any listed or unlisted special events.
For more information about area special events, contact the following:
Bradford: Administrator
Town of Bradford
172 North Main Street
administrator@bradfordvt.gov
802-222-4727
Norwich-Bradford IM 091-2(99) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 8
Fairlee: Gene Craft
Town Administrator
Town of Fairlee
75 Town Common Road
townadministrator@fairleevt.gov
802-649-1419
Norwich: Brennan Duffy
Town Manager
Town of Norwich
300 Main Street
bduffy@norwich.vt.us
802-649-1419
Thetford: Brian Story
Town Manager
Town of Thetford
3910 Route 113
townmanager@thetfordvt.gov
802-649-1419
18. NOTICE TO BIDDERS – AFAD. The Contractor is hereby notified that Automated Flagger
Assistance Devices (AFADs) are remotely operated devices that enable a certified flagger to be
positioned out of the lane of traffic and are used to control motorists through work zones.
AFADs shall only be used in situations where there is no more than one lane of approaching traffic
that needs to be controlled. Additionally, since AFADs are not traffic control signals, they shall
not be used to replace traffic signals or other continuously operating traffic control devices.
These devices may be used as a safety enhancement to flaggers on an hour-for-hour basis. AFADs
shall meet the following requirements:
(a) All AFAD applications shall meet the requirements of the applicable sections of the current
edition of the Manual on Uniform Traffic Control Devices (MUTCD).
(b) All AFAD applications shall be in accordance with NCHRP Report 350 or the MASH for
the applicable test level and device weight. Documentation of the crashworthiness of the
device shall be submitted to the Engineer for approval prior to use on the project.
(c) AFAD applications shall always be controlled by a flagger who has been trained in the
operation of the AFAD and who meets the requirements of Section 630. The flagger shall
not flag traffic and operate an AFAD at the same time.
Norwich-Bradford IM 091-2(99) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 9
(d) Should an AFAD malfunction or otherwise not function as intended they shall be replaced
by another AFAD or flagger(s) or work shall cease and the roadway shall be opened to
unrestricted traffic flow immediately.
(e) Each AFAD will be considered equivalent to one flagger and will be measured and paid
for on an hourly basis under Item 630.1500 Flaggers. One hour of AFAD use shall be paid
for as one hour of flagging.
(f) Flaggers will only be measured for payment when actually performing flagging duties.
Flaggers controlling AFADs but not actually flagging will not be measured for payment,
but will be considered incidental to the Contract lump sum price for Item 641.1000 Traffic
Control, or Item 641.1100 Traffic Control, All-Inclusive, as applicable.
(g) The use of AFADs may be suspended at the discretion of the Engineer.
19. NOTICE TO BIDDERS – FUEL PRICE ADJUSTMENT. In addition to the items specified in
Section 690, the Special Specification items listed in Table 1 will also be eligible for Fuel Price
Adjustment under Section 690.
TABLE 1 – SPECIAL SPECIFICATION ITEMS SUBJECT TO FUEL PRICE ADJUSTMENT
Special Specification Pay Items Subject to Adjustment: Using the Tabulated Fuel Usage
Factor and Threshold Quantity for:
Item No. Item Name Work Category
N/A N/A N/A
20. NOTICE TO BIDDERS – SUBSECTION 101.02. Subsection 101.02 is hereby modified by
revising the definition of “Contract” to add the phrase “General Special Provisions” immediately
following the phrase “Standard Specifications”.
21. NOTICE TO BIDDERS – SUBSECTION 728.02. When material is supplied in accordance with
Subsection 728.02(b) or Subsection 728.02(e), material in accordance with AASHTO M 180-18 or
AASHTO M 180-23 may be substituted in place of material meeting AASHTO M 180-25.
1
FHWA-1273 – Revised June 25, 2026
CONTRACT PROVISIONS FOR
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Davis-Bacon and Related Act Provisions
IV. Contract Work Hours and Safety Standards Act
Provisions
V. Subletting or Assigning the Contract
VI. Safety: Accident Prevention
VII. False Statements Concerning Highway Projects
VIII. Implementation of Clean Air Act and Federal Water
Pollution Control Act
IX. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
X. Certification Regarding Use of Contract Funds for
Lobbying
XI. Use of United States-Flag Vessels
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only).
I. GENERAL
1. Historically, contracting agencies using Federal-aid highway
funds were required to ensure Form FHWA-1273 was
physically incorporated into all contracts and subcontracts.
Effective June 10, 2026, this requirement was eliminated [91
FR 25492]. Future use of Form FHWA-1273 is now optional on
the part of the contracting agency using Federal-aid highway
funds. FHWA continues to make Form FHWA-1273 available
as a convenience to contracting agencies. Contracting
agencies must continue to ensure compliance with the
provisions cited in Form FHWA-1273 in accordance with the
provisions regardless of the use of Form FHWA-1273.
Accordingly, the contracting agency retains the authority to
determine whether the contractor must use Form FHWA-1273
to physically incorporate required contract provisions in each
subcontract and in lower tier contracts. Where permitted by the
contracting agency, the contractor may choose other ways to
include required contract provisions in each subcontract,
besides incorporating Form FHWA-1273. Contract provisions
in Form FHWA-1273 are not required to be physically included
in subcontracts for design services on Federal-aid design-build
contracts, or in purchase orders, rental agreements and other
agreements for supplies or services.
The applicable provisions of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor or design-builder shall be responsible for
compliance by any subcontractor, lower-tier subcontractor or
service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents.
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION
The contractor and all subcontractors must comply with the
following policies: 29 CFR Parts 1625-1627, 23 U.S.C. 140,
Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), Title VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d et seq.), and related regulations
including 49 CFR Parts 21, 26, and 27, including any
amendments thereto.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with 29 CFR Parts 1625-1627. The
contracting agency and the FHWA have the authority and the
responsibility to ensure compliance with 23 U.S.C. 140,
Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d et seq.), and related regulations
including 49 CFR Parts 21, 26, and 27, including any
amendments thereto.
The provisions of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and
29 CFR Part 1630 are incorporated by reference in this
contract.
1. Assurances Required:
a. The requirements of 49 CFR Part 26, including any
amendments thereto, and the State DOT’s FHWA-approved
Disadvantaged Business Enterprise (DBE) program are
incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26, including any
amendments thereto, in the award and administration of DOT-
assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy
as the recipient deems appropriate, which may include, but is
not limited to:
2
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E, including any
amendments thereto, are incorporated by reference. 49 CFR
Part 21.
III. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or
otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing
work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination (including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a
wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c. Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
3
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance@dol.gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol.gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such
liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that
is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the s
- Enriched
- Yes
- Pdf Pages
- 84
- Vtrans Id
- C03267
- Categorized By
- llm
- Questions Due Raw
- 11/4/2026
Vermont Agency of TransportationIssuing agency·Vermont·via a public procurement portal