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- VERMONT CA-96
Contract Number: C03299
Contract Name: BERLIN-HIGHGATE IM BPNT(18)
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
240-0001 TEMPORARY ROADWAY ______________________________________________ 12
Required Contract Provisions for Federal Aid Construction Contracts FHWA 1273 June 2026 __ 15
USDOL Davis Bacon Wage Rates 2026 - Chittenden County ____________________________ 27
USDOL Davis Bacon Wage Rates 2026 - Franklin County ______________________________ 31
USDOL Davis Bacon Wage Rates 2026 - Washington County ____________________________ 35
Bidding Requirements and Conditions ______________________________________________ 39
DBE Policy Required Contract Requirements CR110 - 2026 _____________________________ 51
Attachment C - Standard State Contract and Grant Provisions Rev 2-13-26 _________________ 56
USDOT Standard Title VI Nondiscrim Assurances Appendix A and E _____________________ 66
Standard Federal EEO Construction Contract Specifications _____________________________ 69
Contractor EEO Certification Form - CA109 _________________________________________ 76
Vermont AOT Certificate of Compliance - CA271 _____________________________________ 77
Vermont AOT Minimum Labor and Truck Rates - CA101 _______________________________ 81
Commodity Index Prices CA170 - Spec Book 2024 ____________________________________ 82
Proposal Schedule of Pay Items ____________________________________________________ 83
BERLIN-HIGHGATE IM BPNT(18)
PIN Number(s): 22a190 Advertised October 28, 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 August 31, 2029.
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 the 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://vtrans.vermont.gov/sites/aot/files/documents/VTrans%20Guidance%20for%20Contractor
s%20and%20Suppliers.pdf.
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 – 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 12, 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.
Berlin-Highgate IM BPNT(18) Advertised October 28, 2026
Special Provisions Part I – Notices to Bidders Page 2
5. 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
6. NOTICE TO BIDDERS – BIDDERS LIST 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.
7. 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.
8. 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.
9. 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/user_files/cadd_help/WebFiles/Downloads/Standards/VAO
TconSTD_Owner.xml?_gl=1*1bgjbkk*_ga*MTE4ODI3MzMyMy4xNzcwOTA3Mzk4*_ga_V9
WQH77KLW*czE3OTAyMDEzNjYkbzEyOCRnMCR0MTc5MDIwMTM3MyRqNTMkbDAk
aDA
Berlin-Highgate IM BPNT(18) Advertised October 28, 2026
Special Provisions Part I – Notices to Bidders Page 3
10. 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
(b) Record Plans
11. 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
12. NOTICE TO BIDDERS – ENVIRONMENTAL COMMITMENTS.
(a) Threatened, Endangered, and Rare Species. Barn swallow nests were documented in
Bridge No. 77 N/S in Colchester. Per the Migratory Bird Treaty Act, occupied nests (eggs
present) may not be disturbed during the nesting season (May 1st- August 1st). All work
shall be completed outside of the nesting season [August 2-April 30] or, Bridge No. 77
N/S shall have exclusionary measures installed prior to nesting season to prevent swallows
from gaining access to the undersides of the bridges to prevent using the nests or making
new nests. Typical exclusionary netting for this purpose may include plastic sheeting that
is thick enough to withstand weather elements.
The Contractor shall ensure all personnel working on the project site are made aware of
the potential presence and protected status of the northern long-eared bat and tricolored
bat. 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.
Berlin-Highgate IM BPNT(18) Advertised October 28, 2026
Special Provisions Part I – Notices to Bidders Page 4
(b) Urban Soils Background Area. A portion of the project (Bridge 46) is located within an
Urban Soils Background Area, as shown on the Vermont Agency of Natural Resources
Natural Resources Atlas. These areas may have high background levels of certain
constituents, therefore the Agency has determined that material generated from these areas
should be disposed within an Urban Soil Background Area. These soils shall be reused
on-site to the maximum extent possible within the urban soils background area portion of
the project. Excess Urban Area soils shall be disposed off-site by the Contractor within a
designated Urban Soils Background Area. The process for submittal and review of
proposed disposal locations shall be in accordance with Subsection 105.25 through
Subsection 105.27.
If the Contractor elects to use an alternate location outside of an Urban Soil Background
Area, then soils must be disposed in accordance with the Investigation and Remediation
of Contaminated Properties Rule (IRule) at no additional expense to the Agency. The
alternate location must be reviewed and approved by the Agency and the Contractor must
secure all necessary permits and approvals from the Vermont Agency of Natural
Resources for the alternate disposal site.
Temporary use of fill/earthen material originating from outside of the project site shall be
separated from project site soils using geotextile or appropriate material approved by the
Engineer. If fill/earthen material is being left on-site in-place, separation fabric is not
required.
13. NOTICE TO BIDDERS – UTILITIES. Existing aerial facilities owned by Green Mountain Power,
FirstLight Fiber, Fidium, Comcast, and Swanton Electric will not require adjustment. The
Contractor is cautioned to protect these facilities from damage.
Existing underground facilities owned by Green Mountain Power, Fidium, Comcast, Champlain
Water District, Town of Waterbury, and Vermont Gas will not require adjustment. The Contractor
is cautioned to protect these facilities from damage.
Berlin-Highgate IM BPNT(18) Advertised October 28, 2026
Special Provisions Part I – Notices to Bidders Page 5
Contacts for the above listed companies are as follows:
FirstLight Fiber Mark Tessier (802) 770-4617
Comcast Marc Descoteaux (802) 999-7504
Fidium John Stempek (802) 735-4860
Fidium Jason Lavery (Highgate) (802) 338-0793
Town of Waterbury Bill Woodruff (802) 839-6199
Town of Colchester Randy Alemy (802) 264-5620
Swanton Electric Daren Plouff (802) 393-5959
Vermont Gas Systems Matt Anderson (802) 318-0260
Green Mountain Power Jason Jones (Waterbury) (802) 353-4599
Green Mountain Power Robert Gibbs (Colchester) (802) 353-4599
Champlain Water District Melissa Hood (802) 864-7454
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.
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 underground utility
facilities or to confirm the absence of such facilities. Dan can be reached at (802) 343-2188.
Berlin-Highgate IM BPNT(18) Advertised October 28, 2026
Special Provisions Part I – Notices to Bidders Page 6
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.
14. 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.
TABLE 1 – CONCURRENT CONSTRUCTION PROJECTS
Project Contractor Anticipated Contract
Completion Date
Colchester-Swanton IM 089-3(85) TBD October 2027
Colchester-Swanton IM 089-3(86) TBD October 2027
Montpelier IM CULV(89) TBD October 2028
Berlin IM DECK(55) TBD October 2029
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.
15. 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.
(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 no less than dimensions shown on the plans. This paved
width shall remain free of obstructions and obstacles at all times.
Berlin-Highgate IM BPNT(18) Advertised October 28, 2026
Special Provisions Part I – Notices to Bidders Page 7
(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:
Berlin: Vince Conti
Town Administrator
Town of Berlin
108 Shed Road
townadministrator@berlinvt.gov
802-917-1058
Colchester: Aaron Frank
Town Manager
Town of Colchester
781 Blakely Road
townmanager@colchestervt.gov
802-264-5509
Berlin-Highgate IM BPNT(18) Advertised October 28, 2026
Special Provisions Part I – Notices to Bidders Page 8
Highgate: AJ Johnson
Town Administrator
Town of Highgate
PO Box 189, 2996 VT RT 78
townadmin@highgatevt.org
802-868-4922
Waterbury: William Woodruff
Public Works Director/Interim Manager
Town of Waterbury
28 North Main Street, Suite 1
bwoodruff@waterburyvt.com
802-839-6199
16. 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.
(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.
Berlin-Highgate IM BPNT(18) Advertised October 28, 2026
Special Provisions Part I – Notices to Bidders Page 9
(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.
17. NOTICE TO BIDDERS – SPECIALTY ITEM. The Contractor is hereby notified that for the
purposes of meeting the requirements of Subsection 108.01(b), Item 511.1001 Removal,
Containment, and Disposal of Lead Paint and Item 513.1030 Field Painting Steel, Three Coat
System will be considered specialty items as described in Subsection 108.01(c).
18. 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”.
19. 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
and AASHTO M 180-23 may be substituted in place of material meeting AASHTO M 180-25.
20. NOTICE TO BIDDERS – INTERNATIONAL BORDING CROSSING. The contractor is hereby
notified that a minimum of two fully operational Southbound crossing lanes at the US and
Canadian crossing facilities shall remain open at all times, one of which shall accommodate large
truck traffic.
21. NOTICE TO BIDDERS – BORDER U-TURN FACILITY. The contractor is hereby notified that
work taking place within the U-Turn at MM 130.162 will require temporary traffic barrier to
completely close the facility to unauthorized vehicles.
Special Provisions Part II – Special Specifications
SECTION 240-0001 – TEMPORARY ROADWAY
240-0001.01 DESCRIPTION. This work shall consist of the construction, maintenance, and removal of
temporary pavement, temporary roadway widening, temporary traffic diversions, and highway crossovers,
collectively termed temporary roadways, used to maintain traffic within the project limits as shown on the
Plans and as directed by the Engineer.
240-0001.02 MATERIALS. The Contractor may use any material or combination of materials that will
conform to the requirements of this section and the Plans and meet the approval of the Engineer. The
Engineer shall have the right to reject materials that will not meet structural requirements.
240-0001.03 SUBMITTALS. Construction drawings shall be submitted in accordance with Subsection
105.06 for any support of excavation, retaining structures, or bracing required or proposed for completing
the work under this section.
If the temporary roadway is not fully designed in the Plans, the Contractor shall also submit, in accordance
with Subsection 105.06, a plan showing the layout, alignment, typical sections, materials, and any other
details and information necessary to construct the temporary roadway.
240-0001.04 CONSTRUCTION REQUIREMENTS. Where temporary roadways are not being
constructed on in-situ materials, embankments shall be constructed of acceptable fill material that has
been compacted to adequately support the loading requirements of the highway traffic is being diverted
from. The subbase shall extend for the full length of the temporary roadway. Topsoil removed for
temporary roadway construction may be stockpiled and reused in accordance with Section 651 for all
phases of temporary roadway construction, or removed at the discretion of the Engineer.
The Contractor shall extend any existing drainage structures or place new temporary drainage structures
to the extent necessary to accommodate the temporary roadway and any widening needed, using a box
culvert, pipe, or other means as shown on the Plans and as directed by the Engineer. Where a temporary
bridge is required, all requirements of Section 528 shall be met.
Unless the Plans prescribe other pavement design criteria specifically for temporary roadways, bituminous
concrete mixtures shall conform to the requirements of Section 716 and shall have an Ndesign value of 65
gyrations and use an asphalt binder grade of 58S-28. Bituminous concrete pavement shall conform to the
requirements of Section 406, except that Agency materials evaluation will not be required. The temporary
pavement shall extend for the full length of the temporary roadway. Temporary pavement markings shall
be placed in accordance with Section 646. The temporary pavement markings shall extend for the full
length of the temporary roadway or as necessary to match into existing pavement markings. The Engineer
may waive weather limitations for placement of bituminous concrete pavement and temporary pavement
markings.
Special Provisions Part II – Special Specifications
When temporary traffic barriers are used, they shall be in accordance with Section 621.
If the Plans require the temporary roadway earthwork to remain in place at the completion of the project,
the pavement shall be removed from the temporary roadway and turf shall be established as shown on the
Plans and in accordance with Section 203, Section 651, and Section 653.
(a) Temporary Cover Pavement. Unless otherwise specified on the Plans, temporary cover pavement
shall consist of a single 2 inch lift of Type IIIS or Type IVS bituminous concrete pavement.
(b) Temporary Roadway Widening. Unless otherwise specified on the Plans, a minimum of 6 inches
of approved gravel or other acceptable subbase material shall be provided for the full width of the
typical section, and the roadway surface shall be paved with two lifts of bituminous concrete
pavement to a minimum depth of 3 inches, with a wearing course of Type IIIS or Type IVS
bituminous concrete pavement.
(c) Temporary Traffic Diversion. Unless otherwise specified on the Plans, a minimum of 12 inches of
approved gravel or other acceptable subbase material shall be provided for the full width of the
typical section, and the roadway surface shall be paved with two lifts of bituminous concrete
pavement to a minimum depth of 3 inches, with a wearing course of Type IIIS or Type IVS
bituminous concrete pavement.
(d) Divided Highway Crossover. Unless otherwise specified on the Plans, a minimum of 18 inches of
approved gravel or other acceptable subbase material shall be provided for the full width of the
typical section, and the roadway surface shall be paved with two lifts of bituminous concrete
pavement to a minimum depth of 4 inches, with a wearing course of Type IIIS or Type IVS
bituminous concrete pavement.
240-0001.05 METHOD OF MEASUREMENT. The quantity of Temporary Cover Pavement to be
measured for payment will be the number of tons of mixture complete in-place in the accepted work as
determined from the weight tickets.
The quantity of Temporary Roadway Widening, Temporary Traffic Diversion, and Divided Highway
Crossover to be measured for payment will be on a lump sum basis for each temporary roadway specified
on the Plans.
240-0001.06 BASIS OF PAYMENT. The accepted quantity of Temporary Cover Pavement will be paid
for at the Contract unit price per ton. The accepted quantity of Temporary Roadway Widening, Temporary
Traffic Diversion, and Divided Highway Crossover will be paid for at the Contract lump sum price.
Special Provisions Part II – Special Specifications
Payment will be full compensation for constructing, maintaining, and removing the temporary roadway,
including any required excavation, milling, stockpiling topsoil, fill materials, and subbase materials;
temporary culverts, pipes, and bridges; temporary retaining structures or bracing and submitting any
required construction drawings; drilling and blasting of solid rock subgrade; saw cutting pavement,
emulsified asphalt, bituminous concrete pavement, pavement marking mask, and temporary pavement
markings; re-handling and spreading topsoil, topsoil, fertilizer, agricultural limestone, hay mulch, and
seeding; adjusting the height of existing guardrail, re-lapping existing guardrail, temporary guardrail,
temporary traffic barrier, removing and resetting delineators and posts, and removing and resetting signs;
removing those portions of the temporary roadway not being incorporated in the permanent work or as
directed by the Engineer; and for furnishing all labor, materials, tools, equipment, and incidentals
necessary to complete the work.
Temporary traffic control devices and construction signing will be paid for separately under the
appropriate Section 641 Contract items.
Partial payments for Temporary Roadway Widening, Temporary Traffic Diversion, and Divided Highway
Crossover will be made as follows:
(a) An initial payment of 75% of the Contract lump sum price will be paid when the temporary
roadway is completed and accepted by the Engineer. The Engineer may prorate this amount for
the duration of the work.
(b) The remaining 25% of the Contract lump sum price will be paid when the designated portions of
the temporary roadway have been removed to the satisfaction of the Engineer.
When multiple sections or phases of temporary roadway are required on the Contract, at the Engineer’s
discretion, payment will be prorated proportional to the amount of the work covered by each section or
phase.
Payment will be made under:
Pay Item Pay Unit
240.0100001 Temporary Cover Pavement ...............................................................Ton
240.0100002 Temporary Roadway Widening ..........................................................Lump Sum
240.0100003 Temporary Traffic Diversion ..............................................................Lump Sum
240.0100004 Divided Highway Crossover ...............................................................Lump Sum
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 constructiv
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- 11/12/2026
Vermont Agency of TransportationIssuing agency·Vermont·via a public procurement portal