PART 1- CONTRACT DOCUMENTS

Transcription

1 IFB # JUNE 9, 2017 Department of Budget & Finance Monument Circle, Suite 137 Isle of Wight, VA INVITATION FOR BID FOR MORGART S BEACH ROAD (EAST) RURAL RUSTICT ROAD PROJECT UPC PART 1- CONTRACT DOCUMENTS VDOT STATE PROJECT NUMBER: UPC# FHWA 16005

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3 Section A (Submit with the bid) IFB # III

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5 IFB # JUNE 9, 2017 INVITATION FOR BID Department of Budget & Finance Monument Circle, Suite 137 Isle of Wight, VA MORGART S BEACH ROAD (EAST) RURAL RUSTIC ROAD PROJECT UPC Sealed bids subject to the conditions and instructions contained herein, will be received at the office of the Purchasing Agent listed below, until the time and date shown below (local prevailing time), for furnishing the items or services described herein. SCOPE OF WORK Isle of Wight County is requesting sealed proposals from qualified Contractors to provide construction services for the MORGART S BEACH ROAD (EAST) RURAL RUSTIC ROAD project, UPC This project is in accordance with VDOT s Rural Rustic Road program and consists of paving approximately 1.05 miles of roadway. BID DUE DATE: 3:00 p.m., June 30, 2017 Contract Officer: Michael Coburn, Purchasing Agent, mcoburn@isleofwightus.net **AN ELECTRONIC DOCUMENT SHALL BE PROVIDED** THE ENTIRE SECTION "A" AND ONE ELECTRONIC CD COPY IS REQUIRED FOR SUBMITTALS In compliance with this invitation for bids, and subject to all the conditions thereof, the undersigned offers, if this bid is accepted within 120 calendar days from the date of the opening, to furnish any or all of the items and/or services upon which prices are quoted, at the price set opposite each item, to be delivered at the time and place specified herein. The undersigned certifies he has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of firm named below. Company Name: Address: City / State / Zip: Telephone: FAX No.: Print Name: Signature: Title: Date: V

6 TABLE OF CONTENTS Part I- Contract Documents 1. Invitation For Bids I. Bid Submittals II. Bid Documents III. Questions: IV. Bid Opening V. Liquidated Damages VI. Pre-Bid Meeting VII. Conditions and Instructions VIII. Award Bid Form Schedule of unit prices: IX. Notice of Escrow X. Interest on Retainage: Bid Bond Conditions and Instructions Section B Performance Bond Payment Bond Agreement Construction Contract Escrow Agreement Section C- General Conditions General Conditions END OF TABLE OF CONTENTS (Part 1) Provided under separate cover: Part II Technical Supplements Plan Sets Identified As: NO PLAN plan set included in Part II IFB #

7 1. INVITATION FOR BIDS Contractor shall provide all labor, superintendence, materials, tools, equipment, and other ancillary items necessary as identified to complete the construction of the MORGART S BEACH ROAD (EAST) RURAL RUSTIC ROAD PROJECT UPC This project consists of paving approximately 1.05 miles of roadway in accordance with the VDOT Rural Rustic Road program. Bids received prior to the opening time specified below shall be publicly opened and read aloud at the specified opening time in the IOWC Department of Budget and Finance. Sealed bids, subject to the conditions and instructions contained herein, will be accepted at: I.BID SUBMITTALS Department of Budget & Finance Isle of Wight County Monument Circle, Suite 137 Isle of Wight, VA THE ENTIRE SECTION "A" AND ONE ELECTRONIC CD COPY IS REQUIRED FOR SUBMITTALS. II.BID DOCUMENTS Bid Documents may be obtained on the Isle of Wight website under Budget and Finance: and on the State s eva website: or from the Purchasing Division at: Isle of Wight County, Department of Budget and Finance, Monument Circle, Suite 137, Isle of Wight, Virginia, III.QUESTIONS: Questions concerning this project must be in writing and addressed to the Purchasing Agent, mcoburn@isleofwightus.net; and, must be received no later than five (5) business days preceding the date that the bids are accepted. An electronic copy of the questions should be sent to: vbranch@isleofwightus.net. IV.BID OPENING Bids shall be publicly opened and read aloud on June 30, Public opening will be held after the closing time (local prevailing time), in the Isle of Wight Purchasing Division at: Monument Circle, Isle of Wight, Virginia An attempt will be made to post tally sheets prior to the end of the work day on June 30, Those posting will be on the County s website: V.LIQUIDATED DAMAGES If said work is not completed within the time stated in the Notice to Proceed, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the amount of one thousand, three hundred-fifty dollars ($1,350.) per calendar day for each and every part of a day thereafter that said work remains substantially incomplete. The County reserves the right, at its sole discretion, to deduct liquidated damages from any outstanding amount due the Contractor. IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS SOON AS POSSIBLE. IFB #

8 VI.PRE-BID MEETING A pre-bid meeting is not being held. See paragraph above entitled QUESTIONS. VII.CONDITIONS AND INSTRUCTIONS THE ENTIRE SECTION "A" AND ONE ELECTRONIC COPY IS REQUESTED FOR SUBMITTALS. Bids must be completely filled out, signed by an authorized representative, delivered in a sealed opaque envelope bearing the Bidder's name, address, project name, acceptance date and time. An electronic copy is requested and should be included with your submittal. Revisions, changes, and deletions contained in the bid documents may be initialed by the Bidder. Failure to comply with this instruction may result in the bid being deemed non- responsive. Bidders should carefully examine the specifications and fully inform themselves to all conditions and matters that could have an effect on the cost. Should a Bidder find discrepancies in or omissions from the specifications or Invitation to Bid, or should be in doubt as to their meanings, he shall notify Procurement personnel as noted above. Bids shall be submitted in accordance with the attached specifications. Isle of Wight in its sole discretion, shall determine if a vendor is qualified and acceptable. Any bid in response to this solicitation shall be valid for one hundred and twenty days. At the end of this period the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time, it remains in effect until an award is made, or the solicitation is canceled. The right is reserved to revise or amend these specifications prior to the date set for receipt of bids as may be required by the County. That date may be delayed if deemed necessary by the County. Any revisions and/or amendments will be in the form of an addendum to this document. The right is reserved to accept or reject any or all bids in whole or in part and to waive any informalities in the IFB, and to enter into any contract deemed to be in the best interest of IOWC. Bidders must request withdrawal of bids within two days after the date of opening of bids in accordance with Section of the Code of Virginia, 1950, as amended. The Owner as Contracting Authority has selected Procedure (i) of the above cited Section of the Code. The Bidder will have two business days after the opening of bids within which to claim in writing any mistake as defined in said Section and withdraw his bid, provided such mistake can be proved from the Contractor's Work Papers. VIII.AWARD The Award will be given to the lowest responsive and responsible bidder based on the Total as shown on the Bid Form. IFB #

9 2. BID FORM The undersigned Bidder,, offers and agrees, if this Bid is accepted, to enter into an Agreement with the Owner in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the total base bid of ($ ). Bidder agrees to begin the Work within ten (10) days of Notice to Proceed and that Final Completion shall be within ninety (90) calendar days of Notice to Proceed. The Final Completion date is determined by the executed construction completion date on the VDOT C- 5. In submitting this bid, Bidder represents, as more fully set forth in the Bid Documents, that: Bidder has examined copies of all the Bid Documents including the following Addenda: Date Number Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, State and local laws, ordinance, rules and regulations) and has made such independent investigations as Bidder deems necessary to fully inform himself as to the conditions affecting cost and progress of performance of the Work. Bidder shall meet all environmental permitting requirements and deadlines as outlined in the bid specifications. Bid shall remain valid for a minimum period of one hundred twenty (120) days after the day of Bid Opening; Bidder agrees to disposition of Bid Security as specified in the Instruction to Bidders. The Method of Payment is invoice processing upon presentation with Terms of Net 30 days. 5% retainage shall apply. The amount of any subcontractors proposed by the bidder in excess of ten percent (10%) of the bid price shall be identified on the Bid Form. Subcontractor: Subcontractor: IFB #

10 Bidders shall provide a list of at least three (3) references (1 each from the last 3 construction projects). Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number. ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE Bidder accepts all terms and conditions of the Contract Documents. I certify by my signature below that I have received the documents associated with this Bid and understand that the review for completeness of these documents and the understanding and comprehension of the specifications is solely my responsibility; based on this, by my signature below, I waive all rights to future claims against Isle of Wight County that the documents were incomplete or not understandable. My signature below certifies that this Bid is not the result of or affected by, any act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under Section et. seq. of the Code of Virginia (1950, as amended). Furthermore, I understand that fraudulent bidding is a crime under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Anti-Trust Act, and federal law and can result in fines, prison sentences, and civil damage awards. I certify that the bidder represented herein is eligible to bid with respect to all applicable sections of State and Local Government Conflict of Interest Act, Section et. seq. of the Code of Virginia (1950, as amended). I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid. Virginia Contractor No. Signature: Date: Print: State Corporation Commission Identification No: Or Describe why the bidder or offeror is not required to be authorized by the State Corporation Commission: IFB #

11 (An Individual, Partnership, or Non-Incorporated Organization) Name: Title: Name of Organization: Business Address: Phone Number: Fax Number: (A Corporation) Corporation Name: State of Incorporation: Person Authorized to Sign: Title: (Corporate Seal) Attest (Secretary): Business Address: Phone Number: Fax Number: (A Joint Venture) By (Signature): Type/ Print Name: Title: Virginia Contractor No.: Business Address: Phone Number: Fax Number: By (Signature): Type/ Print Name: Title: Virginia Contractor No.: Business Address: Phone Number: Fax Number: (Each joint venturer must sign. The name of signing for each individual, partnership and corporation that is a party to the joint venture shall be in the manner indicated above.) IFB #

12 3. SCHEDULE OF UNIT PRICES: PROJECT: MORGART S BEACH ROAD (EAST) RURAL RUSTIC ROAD PROJECT IFB # BID SUBMITTED BY: SCHEDULE OF PRICES MORGART'S BEACH RD (EAST) - APPROXIMATELY 1.05 MILES UPC # , STATE PROJECT # ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE Mobilization LS 1 Earthwork LS 1 Aggregate Base Material, No 21B TON 4700 Blotted Seal Coat, Type D SY PE-1, TYPE I, Crusher Run Material TON 40 Aggregate Material, No 3 TON 20 Remove and Replaec Exist. Guardrail LS 1 Replace Existing Driveway Culvert (15") EA 2 Install Ground Mounted Sign EA 2 Erosion and Sediment Control Measures LS 1 Maintenance of Traffic LS 1 TOTAL IFB #

13 IX. NOTICE OF ESCROW If this is a bid for construction, as defined in Virginia code section , in the amount of $200, or more, I/we elect to utilize the escrow account procedure described in the provisions of this bid if determined to be the successful low bidder(s). CHECK A BOX: YES NO X. INTEREST ON RETAINAGE: At the time the Contractor submits a bid, the Contractor shall have the option to use the escrow account procedure for utilization of County retained funds by so indicating in the space provided in the bid documents. In the event the Contractor elects to use the escrow account procedure, the "Escrow Agreement" form included in the Bid and Contract shall be executed and submitted to the County within 15 calendar days after notification of award of the bid. If the "Escrow Agreement" form is not submitted as noted herein, the Contractor shall forfeit such rights to the use of the escrow account procedure. In order to have retained funds paid to an escrow agent, the Contractor, the escrow agent and the surety shall execute an "Escrow Agreement" form and submit same to the County for approval. The Contractor's escrow agent shall be a trust company, bank or savings and loan institution with its principal office located in the Commonwealth of Virginia. The "Escrow Agreement" form shall contain the complete address of the escrow agent and surety, and the executed "Escrow Agreement" will be authority for the County to make payment of retained funds to the escrow agent. After approving the agreement, the County will pay to the escrow agent the funds retained as provided herein except that funds retained for lack of progress or other deficiencies on the part of the Contractor will not be paid to the escrow agent. The escrow agent may, in accordance with the stipulations contained in the "Escrow Agreement", invest the funds paid into the escrow account and pay earnings on such investments to the Contractor or release the funds to the Contractor provided such funds are fully secured by approved securities. Retained funds invested and securities held as collateral for retainage may be released only as and when directed by the County. When the final payment is released by voucher, the County will direct the escrow agent to settle the escrow account by paying the Contractor or the County monies due them as determined by the County. The County reserves the right to recall retained funds and to release same to the surety upon receipt of written request from the Contractor or in the event of default. This section shall be applicable only to contracts for $200,000.00, or more, for the construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines, and pumping stations. This section shall not apply to contracts for construction for railroads, public transit systems, runways, dams, foundations, installation or maintenance of power systems for the generation and primary and secondary distribution of electric current ahead of the customer's meter, the installation or maintenance of telephone, telegraph, or signal systems for public utilities and the construction or maintenance of solid waste or recycling facilities and treatment plants. If this contract includes payment of interest on retained funds, the Contractor, exclusive of reasonable circumstances beyond the control of the Contractor stated in the contract, shall pay the specified penalty for each day exceeding the completion date stated in the contract. Any subcontract for such public project, which provides for similar progress payments, shall be subject to the provisions of this section. IFB #

14 4. BID BOND KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned, as Principal, and, as Surety, are hereby held and firmly bound unto Isle of Wight County as Owner in the penal sum of the face value of the bid for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of The condition of the above obligation is such that whereas the Principal has submitted to Isle of Wight County a certain BID, (IFB# ) attached hereto and hereby made a part thereof to enter into an Agreement in writing, for the construction of the MOGART s BEACH ROAD (EAST) RURAL RUSTIC ROAD project in accordance with the VDOT Rural Rustic Road program. NOW THEREFORE, a) If said BID shall be rejected, or b) If said BID shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all respects perform the Agreement created by the acceptance of said BID, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal Surety BY: IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. IFB #

15 5. CONDITIONS AND INSTRUCTIONS Rev: 4/13/ Use of Form: All bids shall be submitted on and in accordance with this form. If more space is required to furnish a description of the goods and/or services bid, or delivery terms, the bidder may attach a letter hereto that will be made a part of the bid. In case of a conflict with published requirements, the bid may be considered non-responsive. The County s published specifications shall supersede any additional writings submitted with the bid. Such additional writings shall be clearly marked and noted as an exception. 2. Submittals: All bids shall be submitted sealed, plainly marked showing the bid number, date and time. Section A of the solicitation document is to be returned when submitting a bid. Failure to The Entire Section A may result in a determination that the submittal is non-responsive. In addition, an electronic.pdf copy of your submittal is requested to be included in the package. Either CD or thumb drives are acceptable. 3. Late Bids: Bids and amendments thereto, if received by Purchasing after the date and time specified for bid opening, will not be considered. It will be the responsibility of the bidder to see that their bid is received by Purchasing as specified. There will be no exceptions. Date of postmark will not be considered. Telephone, facsimile, electronic and verbal bids will not be accepted on this solicitation. Prices or changes shown on the outside of an envelope will not be considered in determination of low bid. 4. County Closures: If County Offices are closed for business at the time scheduled for the bid opening, for whatever reasons, sealed bids will be accepted and opened on the next business day of the County, at the original scheduled hour. While the opening may be delayed by any such occurrence, it is NOT to be considered an extension of the due date/time. The opening is a public opening. Tabulations of bids will be posted on the County s website as soon as possible after the opening. 5. Acceptance of Bid: Receipt of the bid by the County is not to be construed as an award. 6. Offer/Acceptance: Each bid is received with the understanding that the acceptance in writing by the County of the bidder to furnish all of the services described therein, shall constitute a contract between the bidder and the County, which shall bind the bidder to furnish and deliver the services quoted at the prices stated and in accordance with the conditions of the accepted bid; and the County on its part to order from such bidder, except for causes beyond reasonable control; and pay for, at the agreed prices, all services specified and performed. 7. Withdrawal of Bids: Bidder has the right to request withdrawal of their bids from consideration due to error by giving notice not later than two business days after the bids are publicly opened. Work papers showing evidence of mathematical error(s) or omission of a portion of the bid, may be required. Bids may be withdrawn any time PRIOR to the bid opening. Withdrawal of bids may be accomplished by submitting such request in writing on the issuing company's letterhead in person, electronically ( ) or by certified mail. 8. Addenda: If issued, addenda to this solicitation will be posted on the Purchasing website and on the Commonwealth s website, It is the bidder s responsibility to check one of the websites or to contact the Purchasing division prior to the submittal deadline to ensure that the bidder has a complete, up-to- IFB #

16 date package. Acknowledgement of all issued Addenda shall be indicated on the bid form in the appropriate spaces. 9. Governing Document: The solicitation document maintained by Purchasing in the bid file, shall be considered the official copy. In the case of any inconsistency between bid documents submitted to the County, but not clearly listed as an exception, the language of the official copy shall prevail. Furthermore, any exception or change to the specifications made by the bidder may be cause to disqualify your bid. Furthermore, if a conflict within the specifications are found the bidder shall notify the Purchasing Agent at once by Award: Award will be made to the lowest responsive and responsible bidder. The quality of the goods and/or services to be supplied, their conformity with the specifications, their suitability to the requirements, the delivery, qualifications and references will be taken into consideration in making the award. The County reserves the right to refuse all bids. Determination of low bid shall be determined by the total base bid. 11. Brand Names: The use of the name of a manufacturer, brand, make or catalog designation in specifying an item shall restrict bidders to the manufacturer, brand, make or catalog designation identified, unless qualified by the provision or equal. If qualified by the provision or equal the Brand Names are used simply to indicate the character, quality and/or performance equivalence of the goods and/or services desired. The goods and/or services on which bids are submitted must be of such character, quality and/or performance equivalence that it will serve as that specified. In submitting bids on goods and/or services other than as specified, bidder shall furnish complete data and identification with respect to the alternate goods and/or services that they propose to furnish. It shall be in the County s sole judgment if a substitute product offered is an approved equal and acceptable 12. Samples: Samples, when requested, must be furnished free of expense, and upon request, if not destroyed, will be returned at the bidder s risk and expense. Once a decision to award has been made, samples may be returned. Those left for more than 60 days may incur storage fees or be disposed of by the County. 13. Negotiation: Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds available funds, the County may negotiate with the apparent low bidder to obtain a contract price within the available funds. 14. Announcements: Upon the award or the announcement of the decision to award a contract, the County will publicly post such notice on the bulletin board located outside of the Purchasing Division and on the County s web site: County s Rights: The County reserves the right to reject any and all bids, and to waive any informality if it is determined to be in the best interest of the County. 16. Prices: Prices shall be stated in units of quantity specified. No additional charges shall be passed to the County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the County. In case of error in the extension of prices, the unit price shall govern. 17. Corrections: All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink and must be initialed and dated by the person signing the bid. 18. Delivery: The time of performance of work must be as required in the specifications. IFB #

17 19. Standard equipment: Any equipment delivered must be standard, new and unused equipment, latest model, except as otherwise specifically stated in the bid. Where any part or the normal accessories of equipment is not described, it shall be understood that all the equipment and accessories that are usually provided in the manufacturer s stock model shall be furnished. 20. Silence of Specifications: The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement. 21. Capacity of Bidder: All bids must be signed by a responsible officer or employee having the authority to bind the firm in contract. The bidder agrees that its contract performance shall be in strict conformance with the contract documents. 22. Rights to Damages: By signing this bid, the bidder assigns to the County any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to this bid. This provision is remedial in nature and is to be liberally construed by any court in favor of the County. 23. Anti-collusion: The bidder certifies by signing this Invitation of Bid that this bid is made without prior understanding, agreement, or accord with any other person or firm submitting a bid for the same goods and/or services and that this bid is in all respects bona fide, fair, and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. Any false statement hereunder may constitute a felony and can result in a fine and imprisonment, as well as civil damages. 24. Indemnification: The Contractor shall defend, indemnify and hold the County, and the County s employees, agents, and volunteers, harmless, from and against any and all damage claim, liability, cost, or expense (including, without limitation, attorney s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the Contractor, its employees, agents, and volunteers, or incurred by or claimed against the County, the County s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the Contractor. This indemnification and hold harmless includes, but is not limited to, any financial or other loss including, but not limited to, any adverse regulatory, agency or administrative sanction or civil penalties, incurred by the County due to the negligent, fraudulent or criminal acts of the Contractor or any of the Contractor s officers, shareholders, employees, agents, Contractors, subcontractors, or any other person or entity acting on behalf of the Contractor. Unless otherwise provided by law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor under worker s compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof. (Isle of Wight has no legal authority to indemnify others. Firms submitting responses agree that they will not require the County to indemnify them in any resulting contract.) 25. Laws, Regulations: The Contractor shall keep fully informed of all federal, state, and local laws, ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. IFB #

18 26. Alien employment: The Contractor certifies that he does not and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ unauthorized aliens as defined in the federal Immigration Reform and Control Act of 1986, as amended. 27. SCC Authorization: All bidders or offerors organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall include the identification number issued to it by the State Corporation Commission. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. SCC Number or Statement: Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1, or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. 28. Contractor s License: If any of the services promulgated under this solicitation consist of construction work, it is required under Title 54.1, Chapter 11, Code of Virginia, for a Contractor who performs or manages construction, removal, repair, or improvement when the total value referred to in a single contract or project is: One hundred twenty thousand dollars ($120,000) or more, or the total value of all such construction, removal, repair or improvements undertaken by such person within any twelve-month period is seven hundred fifty thousand dollars ($ 750,000) or more shall show evidence of being licensed as a Class A Contractor. Ten thousand dollars ($10,000) or more, but less than one hundred twenty thousand dollars ($120,000) or the total value of all such construction, removal, repair, or improvement undertaken by such person within any twelve-month period is one hundred and fifty thousand dollars ($150,000) or more, but less than seven hundred fifty thousand dollars ($750,000) shall show evidence of being licensed as a Class B Contractor. Over one thousand ($1,000) but less than ten thousand ($10,000), or the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is one hundred and fifty thousand dollars ($150,000) shall show evidence of being licensed as a Class C Contractor. The County shall require master certification as a condition of licensure or certification of electrical, plumbing and heating, ventilation and air conditions Contractors. A valid business license from the County may be required. 29. Payment Terms: Payment terms shall be Net 30 days, from the date of Contractor invoice approval by the County. Payment terms, if offered, shall not be considered in determining the low bidder. Discount period, if offered, shall be computed from the date of proper receipt of the Contractor s correct invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest. IFB #

19 The payment terms stated herein must appear on the Contractor s invoice. Failure to comply with this requirement shall result in the invoice being returned to the Contractor for correction. Late payment charges shall not exceed the allowable rate specified by the Commonwealth of Virginia Prompt Payment Act. (1% per month) Contractor shall submit invoices in duplicate, such statement to include detailed breakdown of all charges, and shall be based on completion of tasks or deliverables. Labor and Materials must be invoiced within 30 days of completion and/or utilization on the project site. Individual Contractors shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide their federal employer identification number on their submittal. The County prefers to make payment with the County s Purchasing Card. Typically this enables faster payments to the Contractor. Are you willing and able to accept this type of payment? Yes No (See paragraph 62 for appropriate links) 30. Default: In event of default by the Contractor, the County reserves the right to procure the services from other sources, and hold the Contractor liable for any excess cost occasioned thereby. Such actions taken by the County shall not release the Contractor from additional remedies that may be allowed by law. 31. Availability of Funds: A contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The County s extended obligations on those contracts that envision extended funding through successive fiscal periods shall be contingent upon actual appropriations for the following years. 32. Appeals Procedure: Upon your request, administrative appeals information will be provided that shall be used for hearing protests of a decision to award, or an award, appeals from refusal to allow withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or determination of non- responsibility and appeals from decision or disputes arising during the performance of a contract. To be timely all appeals shall be made within the time periods set forth by the Virginia Public Procurement Act, , et seq. Contact the buyer at once for assistance. 33. Faith-based Organizations: The County of Isle of Wight does not discriminate against faith-based organizations. 34. Anti-Discrimination: By submitting their bids, bidders certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia E). In every contract over $10,000 shall include the following provisions: 1. During the performance of this contract, the Contractor agrees as follows: IFB #

20 a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, service disabled veterans or any other basis prohibited by state law relating to discrimination in employment, except where there 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. b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. 2. The Contractor will include the provisions of Section a, b, and c above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 35. Drug-Free Workplace: During the performance of this contract, the Contractor agrees to (1) provide a drug-free workplace for the Contractor's employees; (2) post in conspicuous place, 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; (3) state in all solicitation or advertisement for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (4) 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 section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 36. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County. 37. Independent Contractor: The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the County. 38. Scheduling and Delays: The parties to any contract resultant of this solicitation acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the County. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The County shall not be required to pay any of the Contractor s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the County. If the County delays the project for any reason for a continuous period of ninety (90) days or more, the County and Contractor will negotiate a mutually agreeable adjustment to the Contractor s award amount. Notwithstanding the above, in construction contracts, to the extent that an unreasonable IFB #

21 delay is caused by the act or omissions of the County due to causes within the County s control, the above waiver or release shall not apply. 39. Governing Law: This Agreement is made, entered into, and shall be performed in the County of Isle of Wight, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflict of law rules. In the event of litigation concerning this Agreement, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of the County of Isle of Wight, Virginia; however, in the event that the federal court has jurisdiction over the matter, then the parties agree to the exclusive jurisdiction and venue of the U.S. District Court for the Eastern District of Virginia, Norfolk Division. The Contractor shall not cause a delay in services because of the pending or during litigation proceedings, except with the express, written consent of the County or written instruction/order from the Court. 40. Severability: If any provision of this contract or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected hereby, and each provision of this contract shall be valid and enforced to the full extent permitted by law. 41. Termination for Convenience: The County may at any time, and for any reason, terminate this Contract by written notice to Contractor specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to Contractor by certified mail/return receipt requested at the address set forth in Contractor s Bid Proposal or as provided in this Contract. In the event of such termination, Contractor shall be paid such amount as shall compensate Contractor for the work satisfactorily completed, and accepted by the County, at the time of termination. If the County terminates this Contract, Contractor shall withdraw its personnel and equipment, cease performance of any further work under this Contract, and turn over to the County any work completed or in process for which payment has been made. 42. Termination for Cause: In the event that Contractor shall for any reason or through any cause be in default of the terms of this Contract, the County may give Contractor written notice of such default by certified mail/return receipt requested at the address set forth in Contractor s Bid/Proposal or as provided in this Contract. Unless otherwise provided, Contractor shall have ten (10) days from the date such notice is delivered, whether electronic, by mail, or in person, in which to cure the default. Upon failure of Contractor to cure the default, the County may immediately cancel and terminate this Contract as of the delivery date, whether electronic, US Mail, or by hand, of the default notice. Upon termination, Contractor shall withdraw its personnel and equipment, cease performance of any further work under the Contract, and turn over to the County any work in process for which payment has been made. In the event of violations of law, safety or health standards and regulations, this Contract may be immediately cancelled and terminated by the County and provisions herein with respect to opportunity to cure default shall not be applicable. 43. Contact Prohibition: Direct contact with County departments other than Purchasing, on the subject of this bid is expressly forbidden except with the foreknowledge and permission of the Contract Officer. Violation may result in a determination that your firm is ineligible for an award. IFB #

22 All questions shall be in writing to the Purchasing Agent shown on the title page of the bid. The respondents to this IFB shall not contact, either directly or indirectly, any other employee or agent of the County regarding this IFB. This prohibition shall also extend to the County Board of Supervisors and locally elected officials. Any such unauthorized contact may disqualify the bidder from this procurement. 44. Additional Conditions: The Conditions and Instructions in this solicitation are intended to apply to the resulting contract and shall supersede any conflicting terms offered. Any additional conditions a bidder intends be considered must be submitted with the bid and noted as an exception. Such exceptions may result in a finding that the submittal is non-responsive to the bid, negating possibility of an award to that bidder. Contractual documents submitted by the successful firm after an award will not be accepted. 45. Contractor Failure to Perform: Failure of the Contractor to perform the contract by reason of the County s non-acceptance of additional conditions submitted after the award shall result in termination of the contract by the County, and may result in debarment of the Contractor for a period of up to three (3) years. Termination and /or debarment of the Contractor shall not constitute a waiver by the County of any other rights or remedies available to the County by law or contract. 46. Conflict: In the event of a conflict between the contract documents, including these Conditions and Instructions, and the terms of a purchase order, or related document issued by Purchasing, the contract documents shall control. 47. Records and Inspection: The Contractor shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies, procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the County and its employees, agents or authorized representatives after giving at least three (3) days notice to the Contractor by the County. The County shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the County to the Contractor pursuant to this contract or any renewal or extension of this contract. The County s employees, agents or authorized representatives shall have access to the Contractor s facilities, shall have access to all necessary records and shall be provided adequate and appropriate work space, in order to conduct audits. 48. Rights and Remedies Not Waived: In no event shall the making by the County of any payment to the Contractor, or the waiver by the County of any provision under this contract including any obligation of the Contractor, constitute or be construed as a waiver by the County of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Contractor, and the making of any such payment by the County while any such breach or default exists shall not impair or prejudice any right or remedies available to the County. 49. Entire Agreement: This contract and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto. 50. Conflicts of Interests: Contractor shall not accept or receive commissions or other payments from third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the County. IFB #

23 51. Responsibility of Contractor: The Contractor shall, without additional costs or fee to the County, correct or revise any errors or deficiencies in his performance. Neither the County s review, approval or acceptance of, nor payment for any of the services required under this Agreement shall be deemed a waiver of rights by the County, and the Contractor shall remain liable to the County for all costs which are incurred by the County as a result of the Contractor s negligent performance of any of the services furnished under this Agreement. 52. Changes and Additions: It shall be the responsibility of the Contractor to notify the County, in writing, of any necessary modifications or additions in the Scope of this Agreement. Compensation for changes or additions in the Scope of this Agreement will be negotiated and approved by the County, in writing. It is understood and agreed to by both the County and the Contractor that such modifications or additions to this Agreement shall be made only by the full execution of the County s standard Agreement change order form. Furthermore, it is understood and agreed by both parties that any work done by the Contractor on such modification or addition to this Agreement prior to the County s execution of its standard Agreement change order form shall be at the total risk of the Contractor and said work may not be compensated by the County. 53. Debarment Status: By submitting a bid, bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. 54. Safety: All Contractors and subcontractors performing services for the County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. 55. License Requirement: All firms doing business in the County of Isle of Wight are required to be licensed in accordance with the County of Isle of Wight business license ordinance. Wholesale and retail merchants without a business location in the County of Isle of Wight are exempt from this requirement. Any questions concerning business licenses should be directed to the Commissioner of the Revenue s Office. 56. Contractor s Form: In cases where the County may accept the Contractor s form agreement, whereas certain standard clauses that may appear in the Contractor s form agreement cannot be accepted by the County, and in consideration of the convenience of using that form, and this form, without the necessity of negotiating a separate contract document, the parties hereto specifically agree that, notwithstanding any provisions appearing in the attached Contractor s form contract, the County s contract addendum shall prevail over the terms of the Contractor s agreement in the event of a conflict. 57. Contract Quantities: The quantities specified in the Invitation for Bid are estimates only unless otherwise clearly noted, and are given for the information of bidders and for the purpose of bid evaluation. They do not indicate the actual quantity that will be required, since such volume will depend upon requirements that may develop during the contract period. Quantities shown shall not be construed to represent any amount which the County shall be obligated to purchase under the contract, or relieve the Contractor of his obligation to fill all orders placed by the County, except as clearly noted. To make determination of low bid these quantities shall be used. IFB #

24 58. Bidder Qualifications: Only bids from established Contractors for work similar in scope to work herein shall be considered; the County reserves the right to request specific reference information prior to award. Bidder shall demonstrate that he has adequate and appropriate manpower, tools and equipment to respond and perform in accordance with the provisions herein. The County may, at its option, disqualify a bidder and reject his bid for cause. Reasons deemed to be sufficient for this action shall include, but not be limited to, the following: o o o o o o Evidence of collusion among bidders. Receipt of more than one bid on any project from an individual, or from a corporation. This restriction does not apply to subcontractors Default on any previous contract. For unreasonable failure to complete a previous contract within the specified time or for being in arrears on an existing contract without reasonable cause for being in arrears. Inability to perform as revealed by an investigation of the Bidder's financial statement, experience and/or plant and equipment. Contractor does not meet project-specific requirements, as identified in the Contract Documents. 59. Competition Intended: It is the County s intent that the Invitation for Bid (IFB) permits competition. It shall be the bidder s responsibility to advise the Buyer in writing if any language requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by the Purchasing Agent prior to the date set for bids to close. 60. Value Engineering: The purchasing agent may provide for incentive contracting that offers a Contractor whose bid is accepted, the opportunity to share in any cost savings realized by the locality when the projects costs are reduced by such Contractor, without affecting project quality, during the construction of the project. The fee, if any, charged by the project Engineer or architect for determining such cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings. Such provisions, including the percentage of cost sharing, shall be included in the language of the contract or may be added by change order with the agreement of both parties. 61. Default on Taxes: The County reserves the right to withhold payment to any Contractor that is in arrears, or in default to the County on any debt or Contract, or that has defaulted as a surety, or otherwise on any obligation to the County. 62. Faster Payments: The County prefers to make payment with the County s Purchasing Card, or by direct deposit (EFT). If you are willing to use either of these methods for faster turnaround of payments to your firm, please register at one, or both of the following sites: Pcards: Direct Deposit: IFB #

25 THIS PAGE INTENTIONALLY LEFT BLANK IFB #

26 SECTION B (To be filled out and returned by Successful Bidder) IFB #

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28 PERFORMANCE BOND (CONTRACT DOCUMENT TO BE COMPLETED AT TIME OF AWARD) Bond No. Amount: $ KNOW ALL PERSONS BY THESE PRESENTS, that of, hereinafter called the Contractor and a corporation duly organized and existing under and by virtue of the laws of the State of, hereinafter called the Surety, and authorized to transact business within the Commonwealth of Virginia as the Surety, are held and firmly bound unto Isle of Wight County, Virginia as Owner, in the sum of dollars ($ ), lawful money of the United States of America, for payment of which, well and truly be made to the Owner, the Contractor and the Surety bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Contractor has executed and entered into a certain Agreement, hereto attached, with the Owner dated, 2017, for the MOGART S BEACH ROAD (EAST) RURAL RUSTIC ROAD project, IFB # NOW THEREFORE, if the Contractor, and its successors and assigns, shall at all times duly, promptly, and faithfully perform the Work and any alteration in or addition to the obligations of the Contractor arising there under, including the matter of infringement, if any, of patents or other proprietary rights, and shall assure all guarantees against defective workmanship and materials, including the guarantee period following final completion by the Contractor and final acceptance by the Owner and comply with all the covenants therein contained in the Specifications, Drawings, and other Contract Documents required to be performed by the Contractor, in the manner and within the times provided in the Agreement, and shall fully indemnify and save harmless the Owner from all costs and damage which it may suffer by reason or failure to do so, and shall fully reimburse and repay it all outlay and expenses which it may incur in making good any default, and reasonable counsel fees incurred in the prosecution of or defense of any action arising out of or in connection with any such default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Documents or to the Work to be performed there under, or payment there under before the time required therein, or waiver of any provision thereof, or assignment, subletting or transfer thereof or any part thereof, shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition to the terms of the Contract Documents or any such payment, waiver, assignment, subcontract or transfer. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Whenever Contractor shall be declared by Owner to be in default under the Contract, the Owner having performed Owner s obligations there under, the Owner shall have the right, at its option, to require the Surety to promptly proceed to remedy the default within 30 days of notice by IFB #

29 proceeding or procuring others to proceed with completing the Agreement with its terms and conditions; and all reserves, deferred payments, and other funds provided by the Agreement to be paid to Contractor shall be paid to Surety at the same times and under the same conditions as by the terms of that Agreement such fund would have been paid to Contractor had the Agreement been performed by Contractor; and Surety shall be entitled to such funds in preference to any assignee of Principal of any adverse claimant. Notwithstanding the above, the Owner shall have the right, with the approval of the Surety which shall not be unreasonably withheld, to take over and assume completion of the Agreement and be promptly paid in cash by the Surety for the cost of such completion less the balance of the Contract price. IN WITNESS WHEREOF, all above parties bounded together have executed this instrument this day of, 2017, the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR By: (Seal) Name: Title: Attest SURETY By: (Seal) Attest APPROVED AS TO FORM:, 2017 Mark Popovich, County Attorney NOTE: Date of Bond shall not be prior to the date of the Agreement. If the Contractor is a partnership, all partners shall execute the Bond. IMPORTANT: The Surety named on this Bond shall be one who is licensed to conduct business in the Commonwealth of Virginia, and named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent shall be accompanied by a certified copy of the authority to act for the Surety at the time of signing of this Bond IFB #

30 PAYMENT BOND (CONTRACT DOCUMENT TO BE COMPLETE AT TIME OF AWARD) Bond No. Amount: KNOW ALL PERSONS BY THESE PRESENTS, that of hereinafter called the Contractor and, a Corporation duly organized and existing under and by virtue of the laws of the State, Virginia as the Surety, are held and firmly bound unto Isle of Wight County, Virginia as Owner, in the sum of dollars ($ ), lawful money of the United States of America, for payment of which, well and truly be made to the Owner, the Contractor and the Surety bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Contractor has executed and entered into a certain Agreement, hereto attached, with the Owner dated, 2017, for the construction of MOGART S BEACH ROAD (EAST) RURAL RUSTIC ROAD project. NOW THEREFORE, if the Contractor shall promptly make payments to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in the Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools consumed, used or rented in connection with the construction of the Work, and all insurance premiums on the Work, and for all labor performed in the Work, whether by Subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Documents or to the Work to be performed there under, shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract Documents. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, all above parties bounded together have executed this instrument this day of, 2017, the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body IFB #

31 CONTRACTOR By: (Seal) Name: Title: Attest SURETY By: (Seal) Attest APPROVED AS TO FORM:, 2017 Mark Popovich, County Attorney NOTE: Date of Bond shall not be prior to the date of the Agreement. If the Contractor is a partnership, all partners shall execute the Bond. IMPORTANT: The Surety named on this Bond shall be one who is licensed to conduct business in the Commonwealth of Virginia, and named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent shall be accompanied by a certified copy of the authority to act for the Surety at the time of signing of this Bond. IFB #

32 AGREEMENT THIS AGREEMENT, made and entered into this day of, 2017, by and between the COUNTY OF ISLE OF WIGHT, VIRGINIA, whose principal office is Monument Circle, Suite 137, Isle of Wight, Virginia 23397, hereinafter called "OWNER", party of the first part, and hereinafter referred to as "CONTRACTOR", party of the second part. The CONTRACTOR did, on the day of 2017, submit a sealed bid to perform the services stipulated in accordance with plans and specifications prepared by the OWNER entitled which by reference is made a part hereof. It is mutually understood and agreed by the parties hereto that the Invitation to Bid inviting Contractors to bid as published, Instructions to Bidder, Schedule of Unit Prices, Bid Form, Bid Bond, Contract Agreement, Hold Harmless Agreement, Certificate of Insurance, Scope of Services and Drawings, all proceedings by the governing body of the OWNER pertaining to the subject matter of this Contract, all of which documents are hereinafter referred to as Contract Documents and are a part of this Contract by reference the same as if each had been fully set out and attached hereto. In consideration of the following mutual agreements and covenants to be kept by each party: a. The CONTRACTOR agrees to furnish and pay for all labor, tools, equipment, machinery, supplies, facilities, superintendence, insurance, taxes, utilities and services necessary to perform all items set forth in the written Contract Documents hereto attached and made a part hereof in strict compliance with the Contract Documents and Total Base Bid for a sum of (the Contract Sum ), subject to adjustment as provided in said documents. b. Invoice payments for work completed under this contract shall be made in strict accordance with the project specifications and any special conditions attached thereto. c. It is understood and agreed that all work shall be accomplished in strict compliance with the provisions of the Contract Documents. It is understood and agreed by both the County and the Contractor that any modifications or additions to this agreement shall be made only by the full execution of the County's standard contract change order form. Furthermore, it is understood and agreed by both parties that any work done by the CONTRACTOR on any such modification or addition to this AGREEMENT prior to the County's execution of its standard Contract Change Order form shall be at the total risk of the CONTRACTOR and said work shall not be compensated by the County. IFB #

33 d. CONTRACTOR agrees to begin the work within ten (10) days of Notice to Proceed and that final completion shall be within ninety (90) calendar days of Notice to Proceed. e. The parties agree that damages due to delay in completion of the work are uncertain and not readily capable of ascertainment. Accordingly, if the CONTRACTOR shall fail to complete the work or any part thereof within the time stipulated, or an applicable extension thereof, the CONTRACTOR shall pay to the OWNER as fixed and agreed, liquidated damages for each calendar day of delay until the delayed work is corrected or accepted, an of $1,350 per day. The parties agree that this sum is proportionate to the probable loss and is not a penalty. (a) The CONTRACTOR expressly waives any defense as to the validity of any liquidated damages stated in this Agreement as they may appear on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. OWNER: County of Isle of Wight, Virginia By: Randy Keaton, County Administrator CONTRACTOR: By: ATTEST: By: Title: Approved as to form: Mark C. Popovich, Isle of Wight County Attorney IFB #

34 COUNTY OF ISLE OF WIGHT CONSTRUCTION CONTRACT ESCROW AGREEMENT THIS AGREEMENT, made and entered into this day of, 2017, by, between and among the County of Isle of Wight (County), a political subdivision of the Commonwealth of Virginia, (Contractor), (Name of Bank), having its principle place of business at (Address of Bank), a trust company, bank, or savings and loan institution (hereinafter referred to collectively as "Bank") and (Surety). The parties hereto agree as follows: The County and the Contractor have entered into a contract with respect to MOGART S BEACH ROAD (EAST) RURAL RUSTIC ROAD project, IFB # ( the CONTRACT"). This Agreement is pursuant to, but in no way amends or modifies the CONTRACT. Payments made hereunder or the release of funds from escrow shall not be deemed approval or acceptance of performance by the Contractor. In order to assure full and satisfactory performance by the Contractor of its obligations under the CONTRACT, the County is required thereby to retain certain amounts otherwise due the Contractor. The Contractor has, with the approval of the County, elected to have these retained amounts held in escrow by the Bank. This Agreement sets forth the terms of the escrow. The Bank shall not be deemed a party to, bound by, or required to inquire into the terms of, the CONTRACT or any other instrument or agreement between the County and the Contractor. The County shall from time to time, pursuant to the CONTRACT, pay to the Bank amounts retained by it under the CONTRACT. Except as to amounts actually withdrawn from escrow by the County, the Contractor shall look solely to the Bank for the payment of funds retained under the CONTRACT and paid by the County to the Bank. The risk of loss by diminution of the principal of any funds invested under the terms of this Agreement shall be solely upon the Contractor. Funds and securities held by the Bank pursuant to this Escrow Agreement shall not be subject to levy, garnishment, attachment, lien, or other process whatsoever. Contractor agrees not to assign, pledge, discount, sell or otherwise transfer or dispose of his interest in the escrow account or any part thereof, except to the Surety. Upon receipt of checks drawn by the County and made payable to it as escrow agent, the Bank shall promptly notify the Contractor, negotiate the same and deposit or invest and reinvest the proceeds in approved securities in accordance with the written instructions of the Contractor. In no event shall the Bank invest the escrowed funds in any security not approved. The following securities, and none other, are approved securities for all purposes of this Agreement: 1. United States Treasury Bonds, United States Treasury Notes, United States Treasury Certificates of Indebtedness or United States Treasury Bills, 2. Bonds, notes and other evidences of indebtedness unconditionally guaranteed as to the payment of principal and interest by the United States, 3. Bonds or notes of the Commonwealth of Virginia, Bonds of any political subdivision of the Commonwealth of Virginia, if such bonds carried, at the time of purchase by the Bank or deposit by the Contractor, a Standard and Poor s or Moody's Investors Service rating of at least "A", and IFB #

35 4. Certificates of deposit issued by commercial banks located within the Commonwealth, including, but not limited to, those insured by the Bank and its affiliates. 5. Any bonds, notes, or other evidences of indebtedness listed in Sections (1) through (3) may be purchased pursuant to a repurchase agreement with a bank, within or without the Commonwealth of Virginia having a combined capital, surplus and undivided profit of not less than $25,000,000, provided the obligation of the Bank to repurchase is within the time limitations established for investments as set forth herein. The repurchase agreement shall be considered a purchase of such securities even if title, and/or possession of such securities is not transferred to the Escrow Agent, so long as the repurchase obligation of the Bank is collateralized by the securities themselves, and the securities have on the date of the repurchase agreement a fair market value equal to at least 100% of the amount of the repurchase obligation of the Bank, and the securities are held by a third party, and segregated from other securities owned by the Bank. No security is approved hereunder which matures more than five (5) years after the date of its purchase by the Bank or deposit by the Contractor. The Contractor may from time to time withdraw the whole or any portion of the escrow funds by depositing with the Bank approved securities in an amount equal to, or in excess of, the amount so withdrawn. Any securities so deposited or withdrawn shall be valued at such time of deposit or withdrawal at the lower of par or market value, the latter as determined by the Bank. Any securities so deposited shall thereupon become a part of the escrowed fund. Upon receipt of a direction signed by the County Administrator, Director of Budget and Finance, or Director of Engineering, the Bank shall pay the principal of the fund, or any specified amount thereof, to the County. Such payment shall be made in cash as soon as is practicable after receipt of the direction. Upon receipt of a direction signed by the County Administrator, Director of Finance, or Director of Engineering, the Bank shall pay and deliver the principal of the fund, or any specified amount thereof, to the Contractor, in cash or in kind, as may be specified by the Contractor. Such payment and delivery shall be made as soon as is practicable after receipt of the direction. For its services hereunder the Bank shall be entitled to a reasonable fee in accordance with its published schedule of fees or as may be agreed upon by the Bank and the Contractor. Such fee and any other costs of administration of this Agreement shall be paid from the income earned upon the escrowed fund and, if such income is not sufficient to pay the same, by the Contractor. The net income earned and received upon the principal of the escrowed fund shall be paid over to the Contractor in quarterly or more frequent installments. Until so paid or applied to pay the Bank's fee or any other costs of administration such income shall be deemed a part of the principal of the fund. The Surety undertakes no obligation hereby but joins in this Agreement for the sole purpose of acknowledging that its obligations as surety for the Contractor's performance of the contract are not affected hereby WITNESS the following signatures, all as of the day and year first above written. COUNTY OF ISLE OF WIGHT BY COUNTY ADMINISTRATOR ATTEST: COUNTY CLERK IFB #

36 CONTRACTOR BY OFFICER, PARTNER OR OWNER BANK BY PRESIDENT/VICE-PRESIDENT SURETY BY ATTORNEY-IN-FACT APPROVED AS TO FORM: IFB #

37 THIS PAGE INTENTIONALLY LEFT BLANK IFB #

38 SECTION C- GENERAL CONDITIONS IFB #

39 THIS PAGE INTENTIONALLY LEFT BLANK IFB #

40 GENERAL CONDITIONS Article 1 Definition of terms GC - 3 Article 2 Execution, correlation, intent GC - 6 Article 3 Contractor's understanding GC - 6 Article 4 Construction standards GC - 7 Article 5 Detailed drawings and instructions GC - 7 Article 6 Shop drawings GC - 8 Article 7 Discrepancies GC - 10 Article 8 Copies of drawings furnished GC - 10 Article 9 Ownership of drawings GC - 10 Article 10 Drawings and specifications GC - 11 Article 11 Progress of the work GC - 11 Article 12 Order of completion GC - 11 Article 13 Superintendence, supervision GC - 11 Article 14 Materials, appliances, employees GC - 12 Article 15 Royalties and patents GC - 13 Article 16 Surveys, permits, and regulations GC - 13 Article 17 Points and instructions GC - 14 Article 18 Existing structures GC - 14 Article 19 Care of existing structures GC - 15 Article 20 Protection of work and property GC - 15 Article 21 Project coordination GC - 16 Article 22 Inspection of site and work GC - 17 Article 23 Engineer's/Owner's status GC - 18 Article 24 Correction of work before final pay GC - 18 Article 25 Suspension of work GC - 19 Article 26 Changed conditions GC - 19 Article 27 Change of plans GC - 20 IFB #

41 Article 28 Engineer's/Owner's decisions GC - 20 Article 29 Cleaning up and restoration of site GC - 20 Article 30 Final inspection GC - 21 Article 31 Guarantee of work GC - 21 Article 32 Statute of limitations GC - 22 Article 33 Use of completed portions GC - 22 Article 34 Submission of daily performance record GC - 23 Article 35 Record documents GC - 23 Article 36 Partial payments GC - 25 Article 37 Escrow account procedure GC - 25 Article 38 Method of measurement GC - 26 Article 39 Basis of payment GC - 26 Article 40 Increased or decreased quantities GC - 26 Article 41 Extra work and method of payment GC - 26 Article 42 Work outside regular hours GC - 30 Article 43 Deductions for uncorrected work GC - 30 Article 44 Liquidated damages for delay GC - 30 Article 45 Damages GC - 32 Article 46 Liens GC - 32 Article 47 Payments withheld GC - 32 Article 48 The Owner's right to do work GC - 34 Article 49 The Owner's right to terminate GC - 34 Article 50 Contractor's right to stop/terminate GC - 35 Article 51 Removal of materials and equipment GC - 35 Article 52 Assignment GC - 35 Article 53 Rights of various interest GC - 35 Article 54 Separate contracts GC - 36 Article 55 Subcontracts GC - 36 Article 56 Employment discrimination prohibited GC - 37 IFB #

42 Article 57 Drug free workplace GC - 38 Article 58 Insurance GC 39 Article 59 Performance and labor/material bonds GC 42 Article 60 Contractual claims GC 42 Article 61 Litigation GC - 43 Article 62 Non-appropriation GC - 43 Article 63 Severability GC - 44 Article 64 Agreement construed Virginia laws GC - 44 Article 1. Definition of terms (A) (B) (C) (D) (E) (F) The "contract documents" shall consist of invitation to bid, instructions to bidders, bid contract agreement, performance bond, payment bond, Contractor's certificate of insurance and endorsements, general conditions, supplementary conditions, specification sections, construction details, addenda, the drawings, notice of award, notice to proceed, including all modifications thereto incorporated in any of the documents before and after execution of the agreement. The word "Owner" is used to designate the duly constituted government of Isle of Wight County, Virginia, acting through the properly authorized representatives. The word "Engineer" shall mean the Engineer designated by the Owner, whether acting directly or through properly authorized Agents, Inspectors or Representatives of the Engineer, acting within the scope of duties entrusted to them. In the event the Owner should not require the services of the Engineer for contract Administration or Inspections, then the powers, duties, and responsibilities conferred herein to the Engineer shall be construed to be those of the Owner. The word "Bidder" shall be used to designate any party or parties submitting in proper form a bid to perform the work hereinafter specified. The successful Bidder, selected by the Owner to perform the work specified, will thereafter be known as the Contractor. The word "Contractor" is used to designate the party or parties contracting to perform the work or his or their heirs, executors, administrators, successors, or assigns. The word "Superintendent" shall be used to designate the person appointed by the IFB #

43 Contractor, acting under his instructions and in direct charge of the work for the Contractor. (G) (H) (I) (J) (K) (L) (M) (N) (O) The term "Subcontractor" shall mean any individual, firm or corporation having a direct contract, with the Contractor or with any other Subcontractor for performance of any part of the work. The term "work" shall include labor, materials, equipment, transportation, supervision, or other facilities, duties, or incidentals necessary to complete the project in compliance with the terms of the contract documents. The word "project" shall mean the entire construction to be performed as provided in the contract documents. "Project area" shall mean the area where work is being performed for Isle of Wight County, Virginia. "Written notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. The words "as directed," "as required," "as permitted," "as allowed," or phrases of like effect or import as used herein shall mean that the direction, requirement, permission or allowance of the Engineer or Owner is intended, and similarly the words "accepted," "approved," "reasonable," "suitable," "properly," "satisfactory," or words of like effect or import, unless otherwise particularly specified here, shall mean acceptable, approved, reasonable, suitable, properly or satisfactory in the judgment of the Engineer or Owner. The word "addendum" shall mean a modification of the contract documents issued in writing by the Engineer or Owner prior to the opening of the bids. The term "field order" shall mean a written order issued by the Owner subsequent to the formal execution of the contract documents. Which orders minor changes in the work which are compatible with the design concept of the completed project as a functioning whole as indicated by the contract documents but which does not involve a change in contract price or the contract times. The term "change order" shall mean a modification of the contract requirements issued in IFB #

44 writing by the Owner subsequent to the formal execution of the contract documents which involves a change in contract price or the contract times. (P) (Q) (R) (S) All time limits stated in the contract documents are of the essence of the contract. Unless specifically noted otherwise, all "days" shall be construed to mean calendar days. The words "substantial completion" shall mean the work (or a specified portion thereof) has progressed to the point where, in the opinion of the Engineer, it is sufficiently completed in accordance with the contract documents, so that the work can be utilized for the purposes for which it was intended. The term "or approved equal" pertains to the use of materials currently accepted by the department of public utilities. Items not currently accepted must be submitted for review and approval prior to incorporation in the work. The term "force account" shall mean work not shown on the plans or required by the contract documents that is necessary for the completion of the contract, which shall be considered additional work and will be paid for in the manner set forth hereinafter. Article 2. Execution, correlation, and intent of contract documents. The contract documents shall be executed by the Owner and the Contractor in such numbers as required by the Owner. The contract documents are complementary and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment, and supplies necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading, branch, class, or trade of the specifications shall be supplied unless distinctly so noted on the drawings. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. The designation "architectural," structural," electrical," and the like, in the drawing titles are provided for convenience only, and are not intended to define the work to be done by any trades or subcontractors. Article 3. Contractor's understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. IFB #

45 The submission of a bid shall be prima facie evidence that the bidder thoroughly understands the drawings, terms of the specifications, and has made himself familiar with all federal and state laws, local laws, ordinances, and regulations which in any manner affect the work or its prosecution. Article 4. Construction standards. The Contractor will be responsible for complying with Isle of Wight County, Department of Utility Services Construction Specifications and Standards for Waterworks and Sanitary Sewerage Facilities dated October 1996, and all revisions thereto where conflicts occur with the standards and the requirements set forth herein, the standards shall govern. Waiver of any requirements set forth by the standards is at the discretion of the Owner. Article 5. Detailed drawings and instructions. The Engineer shall furnish with reasonable promptness, additional instruction, by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instructions shall be consistent with the contract documents. Where sizes are not marked plainly on the drawings, the size of corresponding parts may be followed, or the Engineer will determine the sizes when dimensions are entirely omitted. The Contractor shall verify all figures on the plans and will be responsible for the proper coordination of all dimensions as well as the different parts of the work. Article 6. (A) (B) (C) Shop drawings. The term "shop drawings," as used herein shall include fabrication, erection and setting drawings, manufacturers' standard drawings, schedules, descriptive literature, catalogs, brochures, performance and test data, wiring and control diagrams and all other descriptive data pertaining to the materials and equipment as required to demonstrate compliance with the contract requirements. The Contractor shall submit for the approval of the Owner all shop drawings required by the specifications or requested by the Owner. All such submissions shall be made with such promptness as to cause no delay in this or any other Contractor on the project, and to allow reasonable time for review. Shop drawings shall be submitted in such number of copies that three (3) copies may be retained by the Owner. Each submission shall be accompanied by a letter of transmittal in duplicate, listing the contents of the submission and identifying each item by reference to specification section or drawing. All shop drawings shall be clearly labeled with the name of the project and other necessary information. Catalog plates and other similar material that IFB #

46 cannot be so labeled conveniently, shall be bound in suitable covers bearing the identifying data. (D) (E) (F) (G) Shop drawings shall be accompanied by all required certifications and other such supporting material, and shall be submitted in such sequence or in such groups that all related items may be reviewed together. When shop drawings cannot be reviewed because the submission is not complete, or because shop drawings on related items have not been received, then such shop drawings will be returned without action or will be held, and not reviewed, until the lacking material is received. Shop drawings shall have been checked by the Contractor and coordinated with all other related or affected work before they are submitted for approval, and shall bear the Contractor's certification that he has checked and approved them as complying with the information given in the contract documents. Shop drawings submitted without such certification and coordination will be returned to the Contractor without action, and will not be considered a formal submission. If the shop drawings show variations from the drawings and specifications because of standard shop practice or other reasons, the Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment; otherwise, the Contractor will not be relieved of the responsibility for executing the work in accordance with the drawings and specifications even though such shop drawings have been approved. The Owner shall pass upon the shop drawings with reasonable promptness. Reviewing and/or approval of shop drawings will be general, for conformance with the design concept of the project and compliance with the information given in the contract documents, and will not include quantities, detail dimensions, nor adjustments of dimensions to actual field conditions. Approval shall not be construed as permitting any departure from contract requirements, authorization of any increase in price nor as relieving the Contractor of the responsibility for any error in details, dimensions or otherwise that may exist. Article 7. Discrepancies. Any discrepancies found between the plans and specifications and site conditions or any inconsistencies or ambiguities in the plans or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or IFB #

47 ambiguities shall be done at the Contractor's risk. If the Contractor, in the course of the work, finds any discrepancy between the drawings and the physical conditions of the locality, or any errors, or omissions in drawings or in the layout as given by points and instructions, it shall be his duty to immediately inform the Engineer and the Owner in writing, and the Engineer and Owner shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk and expense. Article 9. Ownership of drawings. All drawings and specifications furnished by the Engineer are property of the Owner. They are not to be used on other work and, with the exception of the signed contract set, are to be returned to the Owner on request, at the completion of the work. All models are the property of the Owner. Article 10. Drawings and specifications on the work. The Contractor shall keep one (1) copy of all drawings and the specifications at the job site, in good order, available to the Owner. Article 11. Progress of the work. It is understood and agreed that the Contractor will execute the agreement within ten (10) days after written notice of award. The Contractor shall provide an adequate force of labor and equipment to prosecute the work at as many different points as may be necessary to insure the completion of same within the time limit for the completion as set forth in this agreement. The Contractor shall furnish a progress schedule for approval by the Owner and the Engineer. It shall be incumbent upon the Contractor to provide the manpower and equipment to maintain this schedule. In the event periodic estimates indicate the schedule is not being met, the Contractor may be required to furnish in writing to the Engineer the method he proposes to employ to return the project to the original schedule. The Owner may withhold payments if the work is not proceeding in accordance with terms of this agreement. All work shall be faithfully undertaken, performed and completed within the time designated in the contract, as time is understood to be the essence of the contract. Article 12. Order of completion. The Contractor shall submit at such time as may be requested by the Owner, schedules which shall show the order in which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. When approved, such schedule shall govern the work. The Owner reserves the right to establish an order of precedence for the completion of the work. Article 13. Superintendence, supervision. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Owner. The IFB #

48 superintendent shall not be changed except with the consent of the Owner, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. Important directions shall be confirmed upon written request in each case. The Contractor shall give efficient supervision to the work, using his best skill and attention. Article 14. Materials, appliances, employees. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, sanitary facilities, and other facilities necessary for the execution and completion of the work Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. The character, conditions, adaptability, and quantity of equipment used by the Contractor shall be such as may be necessary for the proper execution of the work within the specified working time. The equipment used shall be maintained in good condition and shall be subject to approval of the Owner prior to and during its use in connection with the work to be performed under this contract. The Contractor shall at all times enforce strict discipline and good order among his employees. No person under the age of sixteen (16) years, no person who, at the time, is serving a sentence in a penal or correctional institution, and no person who has been convicted of commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract, shall be employed on the work covered by this contract. Neither party shall employ or hire any employees of the other party without his consent. The Contractor shall at all times enforce strict discipline and good order among his employees. If the Contractor or any of his employees at any time in any way abuses physically or verbally any county employee engaged in performance of his duties with reference to supervision or inspection of the project or performance of any other duties related to the County, the Contractor may be ordered by the County to remove his person and/or any of his employees engaging in such conduct from the job site for the duration of the contract. Should the Contractor refuse to do so, the contract may immediately and without advance notice to sureties be terminated by the County. Article 15. Royalties and patents. The Contractor shall pay royalties and license fees. He shall defend all suits or claims for the infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular process or IFB #

49 the product of a particular manufacturer or manufacturers is specified, but if the Contractor has information that the process or article specified is infringement of a patent, he shall be responsible for such loss unless he promptly gives such information in writing to the Engineer and Owner. Article 16. Surveys, permits, and regulations. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements and right-of-way for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor will have in hand, on site, an approved traffic control plan and an approved Virginia Department of Transportation land use permit prior to commencement of construction. No construction will be performed until these requirements are met. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer and Owner in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Engineer and Owner, he agrees to bear all costs and penalties arising therefrom. Unless otherwise specified, the Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of bench marks adjacent to the work. From the information provided by the Owner, the Contractor shall develop and make all detail surveys needed for construction. Article 17. Points and instructions. The Contractor shall provide reasonable and necessary opportunities and facilities for setting points and making measurements. He shall not proceed until he has made timely demand upon the Owner for, and has received from him, such points and instructions as may be necessary as the work progresses. The work shall be done in strict conformity with such points and instructions. Article 18. Existing structures. The location of existing sewers, water and gas pipes, conduits and other structures across or along the line of the proposed work are not necessarily shown on the plans, and if shown, the location, depth and dimension of such structure are only approximately correct. The Contractor shall have a working pipe locator on the job at all times. The Contractor shall dig the necessary test holes for the purpose of locating existing underground IFB #

50 structures. Such excavation shall not be undertaken without forty-eight (48) hours prior notice to the Owner. No claims for damages or extra compensation shall accrue to the Contractor from the presence of such pipe or other obstruction or from any delay due to removal or rearrangement of same. Article 19. Care of existing structures. The Contractor shall be liable for all damage done to any structures or property arising through his negligence or carelessness. He shall take care of and maintain all underground, overhead or surface utilities encountered in the performance of the work. Prior to commencing work, Contractor shall contact the Utility Information Center ("miss utility"), telephone for assistance in locating existing underground utilities. The Contractor shall observe all precautions with respect to fire and avoid the indiscriminate mutilation, or cutting down of trees, within and outside of project work areas or easements. Any damage to property or easements not in the work area arising from the Contractor's negligence or carelessness in performance of the work will be the Contractor's responsibility. The Contractor shall not use private property in connection with the work unless prior written permission is obtained from the property Owner. A copy of the written permission shall be furnished to the County Engineering Division. The written statement of permission shall also indicate the name, address, and phone number of the property Owner. It will be the responsibility of the Contractor to take photographs of the property prior to its use in case of disputes arising from the use of the property. Verification of Ownership shall be the responsibility of the Contractor. Article 20. Protection of work and property. The Contractor shall provide and maintain all necessary watchmen, barricades, lights and warning signs, and take all necessary precautions for the protection and safety of the public. He shall continuously maintain adequate protection of all work from damage and shall take all reasonable precautions to protect the Owner's property from injury or loss arising in connection with this contract. He shall make good any damage, injury or loss to his work and to the property of the Owner resulting from lack of reasonable protective precautions, except such as may be due to errors in the contract documents, or caused by agent or employees of the Owner. He shall adequately protect adjacent private and public property, as provided by law and the contract documents. In an emergency affecting the safety of life or loss or damage to the work or to the adjoining property, the Contractor without special instruction or authorization from the Engineer or Owner, is hereby permitted to act, at his discretion, to prevent such threatened loss or injury, and he shall so act, without appeal as if instructed or authorized. The Contractor shall provide written documentation concerning the IFB #

51 circumstances of the emergency to the Owner as soon as practical. Any compensation, claimed by the Contractor on account of emergency work, shall be determined by agreement or litigation as provided for in Article 59 herein. The Contractor shall carefully preserve bench marks, reference points and stakes, and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Article 21. Project coordination. Where required by state, federal, or local regulations, the Contractor shall coordinate his construction plan with the Virginia Department of Transportation and will obtain their approvals to date of work, permits, type of temporary patching, traffic control, type and placement of traffic controls, safety devices, and flagmen. Existing County water and sewer valves may only be opened and closed by or under the direct supervision of the Department of Utility Services personnel. The only exception is an emergency situation affecting public health or safety in which case the Contractor would act in accordance with Article 20. Any Contractor found violating this provision may be subject to prosecution for tampering with County property. When the Contractor requires valve operating services, he shall verbally inform the Department of Public Utilities and give written notice of the requirement to the project Engineer. The written and dated request shall be delivered to the office of the project Engineer at least forty-eight (48) hours in advance of the service. Article 22. Inspection of site and work. The Owner and his representatives shall at all times have access to the work wherever and whenever it is, in preparation or progress, and the Contractor shall provide for such access and for inspection. The Owner will appoint such person or persons as he may deem necessary to properly inspect the materials furnished and work done under the contract, and to see that the same strictly corresponds with the drawings and specifications. Work and materials will be inspected promptly, but if, for any reason delay should occur, the Contractor shall have no claim for damages or extra compensation. The failure of the inspector to reject or condemn improper materials and workmanship shall not prevent the Owner from rejecting materials and workmanship found defective at any time prior to the final acceptance of the completed work, nor shall it be considered as a waiver of any defects which may be discovered later, or as preventing the County at any time prior to the expiration of the guarantee period IFB #

52 from recovering damages for work actually defective. If the specifications, Owner's instructions, laws, ordinances, or any public authority require any work to be specifically tested or approved, the Contractor shall give the Owner timely notice of its readiness for inspection and, if the inspection is by another authority than the Owner, of the date fixed for such inspection. Inspections by the Owner shall be promptly made, and where practicable at the source of supply. If any work should be covered up without approval or consent of the Owner, it must, if required by the Owner, be uncovered for examination. Reexamination of questioned work may be ordered by the Owner and if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the contract documents, the Owner shall pay the cost of reexamination and replacement. If such work be found not in accordance with the contract documents, the Contractor shall pay such cost, unless he shall show that the defect in the work was caused by another Contractor, and in that event the Owner shall seek corrective action from the other Contractor. Article 23. Engineer's/Owner's status. The Engineer and/or Owner shall make periodic visits to the job to familiarize himself generally with the progress and quality of the work being constructed. He will carry out reasonable inspections of the work to determine if, in general, the Contractor is proceeding in accordance with the contract documents. The Owner may stop the proceeding in accordance with the contract documents. The Owner may stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. He shall also have authority to reject all work and materials which do not conform to the contract, to require the application of forces to any portion of the work as in his judgement is necessary, and to decide questions which arise in the execution of the work. Article 24. Correction of work before final payment. The Contractor shall promptly remove from the premises all materials condemned by the Owner as failing to conform to the contract, whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the Owner and shall bear the expense of making good all work of others destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the Owner may remove and then may store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal and storage within ten (10) days time thereafter, the Owner may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all the costs and expenses that IFB #

53 should have been borne by the Contractor. Article 25. Suspension of work. The Owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the Owner to the Contractor to do so. The Owner shall reimburse the Contractor for expenses incurred by the Contractor in connection with the work under his contract as a result of such suspension. But if the work or any part thereof shall be stopped by the notice in writing aforesaid, and if the Owner does not give notice in writing to the Contractor to resume work at a date within ninety (90) days of the date fixed in the written notice to suspend, the Contractor may abandon that portion of the work so suspended and he will be entitled to payment for all work completed up to the date of notice to suspend in accordance with the contract documents. Article 26. Changed conditions. Notwithstanding any other provision or condition set forth in the contract documents as herein defined, it is understood and agreed that should the Contractor encounter or the Owner discover, during the progress of the work, subsurface and/or latent conditions at the site materially differing from those shown on the drawings or indicated in the specifications, or unknown conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract documents, the Contractor shall immediately inform the project Engineer verbally and shall then follow up in writing within ten (10) days of the first observation of any such condition. If the Contractor should fail to notify the project Engineer as required above, then any work performed shall be done at the Contractor's risk and expense. If it is found conditions do materially differ, the contract shall be modified via written change order to provide any increase or decrease of cost and/or difference in time resulting from such condition; the Owner may terminate the contract due to changed conditions by delivery of written notice to the Contractor and the Contractor will be entitled only to payment for work completed in accordance with the contract documents as of the receipt of such notice. Article 27. Change of plans. It is agreed that the Engineer, with the approval of the Owner, may make alterations for line, grade, plan positions, dimensions or materials of work herein contemplated or any part thereof, either before or after commencement of the construction under this agreement so long as such changes do not render the terms of the agreement inapplicable. Article 28. Engineer's/Owner decisions. The Owner shall within fifteen (15) days time after presentation to him in writing, render decisions, in writing, on all claims of the Contractor, or other matters relating to IFB #

54 the execution and progress of the work. Questions which arise and pertain to the interpretation of the contract documents shall be submitted in writing to the Engineer. The Engineer shall within fifteen (15) days time render a decision as to the interpretation of the contract documents. Article 29. Cleaning up and restoration of site. The Contractor shall, during the progress of the work and as directed by the Owner, remove from the Owner's property and from all public and private property and rights- of-way, at his own expense, all temporary structures, rubbish, debris, piles of earth, foreign matter, and waste materials resulting from his operations. The site of the work shall be restored to the conditions existing before the work was started, to the satisfaction of the Owner. Lawns, pavements, sidewalks, and other surfaces shall be preserved where practicable but if damaged shall be fully restored. If the Contractor fails to perform cleanup and restoration in an orderly, continuous, and expeditious manner, the Owner may take corrective action three (3) days after delivery of notice to do so to the Contractor; any expense resulting from corrective action taken by the Owner for cleanup or restoration shall be deducted from payments due to the Contractor. Article 30. Final inspection. The Owner shall schedule a final inspection of the work included in the contract within ten (10) days after receipt of written notification from the Contractor that the work is completed. If the work is not acceptable to the Engineer or Owner, the Contractor shall be advised as to the particular defects to be remedied before final acceptance can be made. Failure of the Owner to make this inspection within the time specified in no way relieves the Contractor of any of his obligations under the contract. Only written notification from the Owner will constitute final acceptance of any part of the work under this contract. Article 31. Guarantee of work. Contractor warrants and guarantees to the Owner and to the Engineer that all work will be in accordance with the contract documents and will be without defect. The guarantee period shall be not less than one year after the date of substantial completion. Should any manufacturer's warranty be greater than one year or should any permit, specification, or regulatory warranty requirement be greater than one year, the Contractor shall guarantee the work for the longer period. If during the guarantee period any work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with Owner's written instruction, either correct such defective work or remove it from the site and replace it with non-defective work. If Contractor does not promptly comply with the term of such instruction, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect IFB #

55 costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. Article 32. Statute of limitations; warranties; as between the Owner and the Contractor: (A) Any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events no earlier than the date of final payment. (B) As to acts or failures to act occurring after the date of final payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events no earlier than the date of any act or failure to act by the Contractor pursuant to any required or otherwise provided warranty, the date of any correction of the work or failure to correct the work by the Contractor, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. Article 33. Use of completed portions. The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time or both as the Owner may determine. Article 34. Submission of daily performance records. The Contractor shall at the start of each work day provide the project inspector a copy of his daily performance record for work performed on the preceding work day. The performance record shall be submitted in format as prescribed by the County. A copy of the prescribed format will be provided to the Contractor by the Owner. The submission of the daily record does not preclude the submission of additional documentation, reports, information when requested by the Owner; or as specifically provided for or required by the contract documents. Article 35. Record documents. The Contractor shall at the end of construction provide the Owner with one complete set of drawings recording the installation of the project. During the course of the construction the as-builts shall be updated daily by the end of each working day. Under Article 47, partial payments may be withheld for failure to keep neat, accurate and complete as-builts. Under Article 43, the Owner may elect to prepare the as-builts at the expense of the Contractor should the Contractor fail to perform under this provision of the contract. IFB #

56 As-built information shall include the following as a minimum, where applicable: (a) Pond and outlet structure as-built survey documenting the pond volume is as required per the construction plans, to include as-constructed gabion basket elevation and outlet structure rim and inverts. These records are a specific contract requirement of the Contractor. Final payment will not be issued until said documents have been submitted in an acceptable form. Article 36. Partial payments. Partial payments will be made each month for the quantity of work performed in the preceding month less five percent (5%) to be retained until final completion of the work. Requests for payments shall be submitted to the Owner by the 1st of the month for payment by midmonth. Requests for payments shall be submitted using the application for payment supplied by the Owner and submitted to the County project leader for review and signature approvals; additional information may be requested depending on project. Article 37. Escrow account procedure. In accordance with section of the code of Virginia (1950) as amended, on public contracts of $200,000 or more, the Contractor will have the option to use an escrow account procedure for utilization of retainage funds. In the event the Contractor elects to use the escrow account procedure, the "escrow agreement" form shall be executed and submitted to the Owner within fifteen calendar days after notification of intent to award. If the "escrow agreement' form is not submitted within the fifteen-day period, the Contractor shall forfeit his rights to use of the escrow account procedure. The "escrow agreement" and all regulations pertaining thereto shall be in substantial accordance with the agreement used by commonwealth of Virginia, Department of Transportation. The Contractor's escrow agent shall be a trust company, bank or a savings institution with its principal office located in the Commonwealth. Article 38. Method of measurement. Except when stipulated otherwise, all quantities of work performed and to be paid for under this contract shall be construed as those measured in place by the Owner. Article 39. Basis of payment. The prices to be paid for the work performed under this contract shall be the prices stipulated in the Contractor's bid. Article 40. Increased or decreased quantities and method of payment - unit prices. The Owner reserves the right to increase or decrease the estimated value of the contract. Such increase or decrease may be brought about either by varying quantities within the original units of the contract or by an extension or reduction in the original limits of the project. IFB #

57 Changes in the estimated value of any major or minor item of more than twenty-five percent (25%), or $50,000, whichever is greater, shall require approval by the public body prior to any work being performed. The amount of any item major or minor which are the results of more accurate measurements and are not due to any change in plan or in character of the work shall not be considered a basis of demand for revision in contract price by either party to the contract. For any increased or decreased quantities, settlement shall be made for the actual amount of work performed at the unit prices shown in the proposal for the work under consideration. Article 41. Extra work and method of payment. The Owner may at any time by a written order, and without notice to sureties, make changes in drawings or specifications, within the general scope thereof. Any extra work done prior to the execution of the County's standard change order form by the Chairman of the Board of Supervisors and/or the Chairman s designee is done at the Contractor's total risk and with no obligation on the part of the County to pay for the work. The Contractor shall perform unforeseen work or work which may exceed the twenty-five percent (25%) stated in Article 40 or work for which there is no price included in the contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated. Such work shall be performed in accordance with the specifications and as directed by the Owner, and will be paid for as stipulated hereinafter. Extra work shall be paid for at the unit prices or lump sum as agreed to by the Contractor and the Owner, or in lieu of such agreement, the Owner may require the Contractor to do such work on a force account basis to be compensated for in the following manner. (A) (B) Labor. For all labor and foremen in direct charge of the specific operations, the Contractor shall receive the rate of wage (or scale) as set forth in his most recent payroll on which the applicable class of labor and foremen were used for each hour of regular times and 1-1/2 times such rates for overtime when such overtime work is authorized, that said labor and foremen are actually engaged in such work. In the event the class of labor needed has not been employed on the project, mutually agreed upon rates will be established, provided, however, that the rates shall conform to predetermined rates authorized for the project. An amount equal to ten percent (10%) of the sum therefore shall be added to these rates. Bond, insurance, and tax, for property damage, liability, and workmen's compensation insurance premiums, unemployment insurance contributions and social security taxes on force account work, the Contractor shall receive an amount equal to twenty percent (20%) the base cost for IFB #

58 labor. (C) Materials. For materials accepted by the Owner and used, the Contractor shall receive the actual cost of such materials delivered on the work, including transportation, and handling charges paid by him (exclusive of equipment rentals as hereinafter set forth), to which cost ten percent (10%) will be added. (D) Equipment. For any machinery or special equipment (other than small tools and operator) including fuel, lubricants and repairs, the Contractor shall receive hourly rental rates which shall not exceed the rental rates based on 1/40th of the weekly rate of the current schedule published by the Associated Equipment Distributors (AED) plus transportation cost for equipment not already on the project. Such rate will be paid for the actual time the equipment is in operation on the force account work. The rates for licensed trucks and special equipment not listed in the AED schedule used on the force account work shall not exceed the hourly rate being paid for such trucks and equipment by the Contractor at the time of the force account authorization. In the absence of such rates, the prevailing rates being paid in the area where the work is contemplated shall be used. (E) Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. (F) Compensation. The compensation as set forth in this section shall be accepted by the Contractor as payment in full including profit for extra work done on a force account basis. At the end of each day the Contractor's representative and the inspector shall compare records of the cost of work done as ordered on a force account basis. (G) Statements. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer or Owner with duplicate itemized statements of the cost of such force account work detailed as follows: 1. Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman IFB #

59 2. Designation, dates, daily hours, total hours, rental rate, and extension for each unit of equipment 3. Quantities of materials, prices and extensions 4 Transportation of material 5. Cost of property damage, liability and workers' compensation insurance premiums, unemployment insurance contributions, and social security tax statements shall be accompanied and supported by receipted invoices for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock then, in lieu of the invoices, the Contractor shall furnish an affidavit certifying that such materials were taken from his stock, that the quantity claimed was actually used and that the price and transportation and handling claimed represent the actual cost to the Contractor. Article 42. Work outside regular hours. If the Contractor desires to perform work outside the regular hours or on Saturday, he shall request permission to work forty-eight (48) hours in advance to allow arrangements to be made for proper inspection. The Owner may refuse the Contractor permission to work if the 48-hour notice is not given or for other just cause. Reasonable efforts shall be made by the Contractor to avoid undue noise during the night and on Sundays, if it is necessary to work at such times. Under normal circumstances the Contractor will not be permitted to work on Sundays or County holidays. Unless specifically scheduled to work outside normal hours by the Owner in the interest of public safety or convenience, the Contractor will be liable for the expense of overtime work required by County employees. This expense includes but is not limited to county employees' performing inspections outside normal working hours as well as employees being called to the job site outside normal working hours to resolve problems directly related to this contract. Normal working hours are defined as 8:30 a.m. to 5:00 p.m. Monday through Friday, excluding County holidays. The Owner reserves the right to schedule the Contractor to work outside normal working hours in the interest of public safety or convenience. No claim for additional compensation shall be made by the Contractor when such occasions occur. Article 43. Deductions for uncorrected work. If the Owner deems it inexpedient to correct work damaged or not done in accordance with the contract, an equitable deduction from the contract price shall be made IFB #

60 therefor. Article 44. Liquidated damages for delay and extension of the time. If the Contractor shall fail to complete the work or any part thereof within the time stipulated in these specifications and in the contract agreement, or an applicable extension thereof, it will be difficult or impossible to ascertain the actual damages for the delay, and in lieu thereof, the Contractor shall pay to the Owner as fixed and agreed, liquidated damages for each calendar day of delay until the delayed work is corrected or accepted, an amount equal to VDOT s 2016 road and bridge specifications, page 164, table I-1 (or as amended), until final completion per day of delay. The Contractor and Owner agree that this sum is proportionate to the probable loss and is not a penalty. The Contractor expressly waives any defense as to the validity of any liquidated damages stated in these contract documents as they may appear on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages. If, after the expiration of the time stipulated in these contract documents and in the contract agreement, or applicable extension thereof, the Owner terminates the right of the Contractor to proceed and does not elect to complete the work, liquidated damages shall be paid as above provided for each calendar day after the time so stipulated, until the effective date of the termination of the Contractor's right to proceed. If the Owner terminates the Contractor's right to proceed and elects to complete the work as provided elsewhere in the specifications, liquidated damages shall be paid as provided for each calendar day after the time so stipulated, or applicable extension thereof, until the delayed work is completed, provided the Owner exercises due diligence in completing the work. The Contractor and his sureties shall be liable for all such liquidated damages occurring heretofore described. It is agreed, however, the Contractor shall not be charged with liquidated damages or actual damages for delays due to causes beyond his control and without his fault or negligence, including but not restricted to: acts of the Owner or of his employees, or of any other Contractor employed by the Owner; changes ordered in the work; strikes; lockouts; fire; unusual delay in transportation; unavoidable casualties; delay authorized by Owner pending litigation as provided by Article 59. No such extension shall be made for delay occurring more than seven (7) days before claim is made in writing to the Owner. In the case of a continuing cause of delay only one claim is necessary. If no schedule or agreement stating the dates upon which drawings shall be furnished is made, then no claim for delay shall be allowed on account of failure to furnish drawings until ten (10) days after receipt by the Engineer of a written demand for such drawings. Article 45. Damages. Any claim for damage arising under this contract shall be made in writing to the party liable within fifteen (15) days time of the first observance of such damage and not later than the time of final payment except as expressly stipulated otherwise in guarantee of work as in the case of the IFB #

61 defective work or materials, and shall be adjusted by agreement or litigation as provided by article 59. Article 46. Liens. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this contract, or receipts in full in lieu thereof, and if required in either case an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner to indemnify the Owner against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all cost and a reasonable attorney's fee. Article 47. Payments withheld. The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: (A) Defective work not remedied (B) (C) Claims or liens that have been filed or evidence indicating that there is reasonable cause to believe such may be filed Failure of the Contractor to pay for labor or materials, or to make payments properly to subcontractors (D) A reasonable doubt that the contract can be completed for the balance then unpaid (E) Damage to another Contractor (F) The Owner having been required to correct defective work, complete any work, perform emergency work, or perform other work (G) Unsatisfactory prosecution of the work, including failure to furnish acceptable submittals, failure to make adequate progress towards completing the work within the contract time or failure to maintain the work site at all times in a neat, orderly, and workman-like appearance. (H) Failure to keep neat, accurate, and complete set of "as-builts" updated on a daily basis. (I) Failure to submit a daily performance record in suitable format. IFB #

62 When the above grounds are removed, payment shall be made for amounts withheld because of them. Article 48. The Owner's right to do work. If the Contractor should fail to prosecute the work or faithfully perform any provisions of this contract, it shall be construed as grounds for the Owner's right to perform work. The Owner, having duly served written notice to the Contractor of his intent to perform work, may remedy such deficiencies after three (3) days from delivery of said notice to the Contractor. The costs incurred by the Owner in correcting the deficiency shall be paid for by the Contractor. Article 49. The Owner's right to terminate contract. If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for materials or labor or persistently disregard laws, ordinances, or the instructions of the Owner, or otherwise be guilty of a violation of any provision of the contract, then the Owner, upon the certificate of the Engineer that cause exists to justify such actions, may, without prejudice to any other right of remedy and after giving the Contractor seven (7) days written notice, terminate the employment of the Contractor and take possession of the premises and all of the materials, tools, and equipment thereon and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Engineer. Article 50. Contractor's right to stop work or terminate contract. If the work should be stopped under an order of any court, or other public authority, for a period of ninety (90) days, through no act or fault of the Contractor or of anyone employed by him, or if the Engineer should fail to issue any estimate for payment within thirty (30) days after it is due, or if the Owner should fail to pay the Contractor within thirty (30) days of its maturity and presentation, any sum certified by the Engineer or awarded by arbitrators; then the Contractor may, upon seven (7) days written notice to the Owner and the Engineer, stop work or terminate this contract and recover from the Owner payment of all work executed and any loss sustained upon any plant or material and reasonable profit and damages. Article 51. Removal of materials and equipment. In the case of annulment of this contract before completion from any cause whatever or in the case of acceptance of the work after completion, the IFB #

63 Contractor when notified by the Owner in writing, shall within five (5) days after receipt of notification remove all or any portion as directed of his equipment and materials from the property of the Owner. Should the Contractor be unable or unwilling to comply with the Owner's request, then the Owner reserves the right to remove and/or store such equipment and materials at the Contractor's expense. Article 52. Assignment. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder, without the previous written consent of the Owner. Such consent shall not be unreasonably withheld. Article 53. Rights of various interest. Wherever work being done by the Owner's forces or other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Owner, to secure the completion of the various portions of the work in general harmony. Article 54. Separate contract. The Owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Owner any defects in such work that render it unsuitable for such proper execution and results. His failure so to inspect and report shall constitute an acceptance of the other Contractor's work, as fit and proper for the reception of his work, except as to defects which may develop in the other Contractor's work after the execution of his work. To insure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report in writing to the Owner any discrepancy between the executed work and the drawings. Article 55. Subcontracts. The Contractor shall, within ten (10) days after the signature of the contract, notify the Owner in writing of the names of subcontractors proposed for the work and shall not employ any that the Owner may within ten (10) days after receipt of notification object to as incompetent or unfit or any that appear on the HUD area office consolidated list of debarred, suspended, and ineligible Contractors. The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and persons either directly or indirectly employed by them as he is for the acts or omissions of persons directly employed by him. With the exception of subcontracts for less than $10,000 each, and subcontracts with a manufacturer or a fabricator, any agreement between the Contractor and IFB #

64 any subcontractor shall require of the subcontractor a payment bond with surety thereon in the amount of one hundred percent (100%) of the work sublet to the subcontractor, which shall be conditioned upon the payment to all persons who have and fulfill, contracts which are directly with the subcontractor for performing labor and/or furnishing materials in the prosecution of the work provided for in the subcontract, and to pay those persons who furnish labor and/or materials as aforesaid. In the event the Contractor fails to require said bond, any person who has and fulfills a contract directly with such subcontractor in performing labor and/or furnishing materials in the prosecution of the work provided for in the subcontract shall have a direct right of action against the obligors and sureties on the payment bond required of the Contractor. Payments to subcontractors shall be made in accordance with the terms of Virginia Code Section , which are incorporated herein by reference. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the Owner. Article 56. Employment discrimination prohibited. In accordance with Section of the code of Virginia, every contract for goods or services over $10,000 shall include the following provisions during the performance of this contract. (a) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin 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 non- discrimination clause. (b) The Contractor, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. (c) 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 section. The Contractor will include the provisions of the foregoing paragraphs a, b, and c in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. Further, all individuals or firms contracting with Isle of Wight County are encouraged to use minority business enterprises as subcontractors and suppliers to the fullest extent possible in providing services or products to Isle of Wight County. Article 57. Drug free workplace. During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor s employees; (ii) 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 controlled substance or marijuana is IFB #

65 prohibited in the Contractor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. Article 58. Insurance. Contractor shall purchase and maintain insurance with the limits of liability not less than the following amounts or greater where required by law: (A) Workman's compensation including employer's liability insurance complying with state requirements. Employer's liability insurance shall be provided with a limit of not less than $1,000,000 per occurrence. (B) Commercial general liability insurance including: premises and operations; independent Contractors' protection; products and completed operations; broad form property damage; and endorsements to the aggregate limit of insurance specifying aggregate applies separately to each project and each location. The general liability coverage shall name the Owner and Engineer as additional insured. (1) Limits of liability Aggregate limits: $2,000,000 products/completed operations $2,000,000 general aggregate Coverage a: Bodily injury and property damage: $1,000,0000 any one occurrence Fire damage limit: $50,000 any one fire IFB #

66 Coverage b: Personal & advertising injury: $1,000,000 any one person or organization Coverage c: Medical expense limit: $5,000 any one person (C) Comprehensive automobile liability insurance: (1) Combined single limit (bodily injury & property damage): $1,000,000 each occurrence (D) Contractual liability: (1) Bodily injury $1,000,000 each occurrence (2) Property damage $1,000,000 each occurrence $ 2,000,000 annual aggregate (E) Contractor shall indemnify and hold harmless Isle of Wight County, the Engineer, consultants of the Engineer, and employees or agents of any of them from any and all losses, damages, claims, fines, penalties, suits and costs, including injury or death of any persons, or damage to or loss of property, as well as fines, assessments and penalties imposed by any authority which arise out of any violation of law by, and all acts and omission of the Contractor, the Contractor's agents, employees, or customers, occurring in connection with the products and services covered herein. (F) Commercial umbrella (excess) liability (1) Limit of liability aggregate limit: $3,000,000 products and completed operations Coverage a: bodily injury and property damage: $3,000,000 any one occurrence Coverage b: personal & advertising injury: $3,000,000 any one person or organization Retained limit: $10,000 any one occurrence or offense A certificate evidencing insurance coverage as above shall be provided by the Contractor to Isle of Wight County. The County and its consulting Engineers shall be named as additional insures under general liability coverage; endorsement of same shall be submitted with the certificate. It shall be the Contractor's responsibility to keep said insurance coverage in full force and effect until final payment and at all times IFB #

67 thereafter when Contractor may be correcting, removing or replacing defective work in accordance with terms of this agreement. Such certificate shall provide that thirty (30) days advance written notice shall be given to the county in the event of any change in, or cancellation of such insurance. All insurance shall be written by insurance companies licensed to do business in the Commonwealth of Virginia. Article 59. Performance bond and labor and materials bond. The successful bidder will be required to furnish a performance bond and labor and materials bond payable to the treasurer of Isle of Wight County, each in the amount of one hundred percent (100%) of the total amount of the contract, as a guarantee for the faithful performance thereof. Such bonds must be furnished to the county within twenty (20) days after requested by the County. The successful bidder upon failure or refusal to furnish the required bonds or deposit within the time specified shall pay to Isle of Wight County as liquidated damages for such failure or refusal an amount equal to the bid security deposited with bid. All bonds must be furnished by such Surety Company or companies as are authorized and licensed to transact business in the commonwealth of Virginia. Article 60. Contractual claims. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) days after final payment; however, written notice of the Contractor s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Any notice or claim shall be delivered to the project manager in the Department of Public Works, County of Isle of Wight, P.O. Box 80, Isle of Wight, Virginia, and shall include a description of the factual basis for the claim and a statement of the accounts claimed or other relief requested. The Director of Public Works shall render a decision on the claim and shall notify the Contractor within thirty (30) days of receipt of the claim. The Contractor may appeal the decision of the Director of Public Works to the County Administrator by providing written notice to the Director of Public Works within fifteen (15) days of the date of the decision. The County Administrator shall render a decision on the claim within sixty (60) days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement Act (VPPA). Invoices for all services or good provided by the Contractor shall be delivered to the County no later than thirty (30) days following the conclusion of the work or delivery of the goods. Article 61. Litigation. In any claim or dispute between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, the parties consent to the jurisdiction and sole venue of IFB #

68 the Circuit Court of Isle of Wight County, Virginia. Acceptance of final payment shall be deemed a waiver of Contractor's right to file claim for dispute or breach relating to this agreement. The Contractor shall not cause a delay of work because of the pending litigation proceedings, except with the express, written consent of the Owner or written instruction from the court. Article 62. Non-appropriation. Notwithstanding anything contained herein to the contrary, this contract shall be terminated if all of the following event shall have occurred: (A) Funds are not appropriated for a subsequent fiscal period during the term of this contract for the acquisition of substantially the same functions as provide for herein, and written notice thereof is given to the Contractor at least thirty (30) days prior to the first day of such subsequent fiscal period or within five (5) days of the approval of the final budget for such fiscal year, whichever occurs later. (B) County has exhausted all funds legally available for payment under this contract. Upon such termination, Contractor's only remedy shall be to terminate the contract at the end of the fiscal period during which notice is given; and payment in compliance with the contract for materials, goods, and services rendered thereunder during the fiscal year at the end of which termination occurs, without penalty, termination, profit or overhead expenses of any kind, shall constitute full performance on the part of the Owner. Article 63. Severability. In the event that any provision or portion thereof of any contract document shall be found to be legally invalid or unenforceable, then such provision or portion thereof, shall be reformed in accordance with applicable law. The invalidity or unenforceability of any provision or portion of any contract document shall not affect the validity or enforceability of any other provision or portion of the contract documents. Article 64. Agreement construed under Virginia laws. The agreement and bond given to secure it are to be executed and performed in the Commonwealth of Virginia and shall be construed in accordance with the laws of the Commonwealth of Virginia. END OF SECTION IFB #

69 A. VDOT SPECIAL PROVISION COPIED NOTES (SPCNs), SPECIAL PROVISION (SPs), AND SUPPLEMENTAL SPECIFICATIONS (SSs)

70 cn VDOT SUPPLEMENTAL SPECIFICATIONS (SSs), SPECIAL PROVISIONS (SPs) AND SPECIAL PROVISION COPIED NOTES (SPCNs) Where Virginia Department of Transportation (VDOT) Supplemental Specifications, Special Provisions and Special Provision Copied Notes are used in this contract, the references therein to the Specifications shall refer to the Virginia Department of Transportation Road and Bridge Specifications, dated 2016 for both imperial and metric unit projects. References to the Road and Bridge Standard(s) shall refer to the Virginia Department of Transportation Road and Bridge Standards, dated 2008 for both imperial and metric unit projects. References to the Virginia Work Area Protection Manual shall refer to the 2011 edition of the Virginia Work Area Protection Manual with Revision Number 1 incorporated, dated April 1, 2015 for imperial and metric unit projects. References to the MUTCD shall refer to 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 for imperial and metric unit projects. Where the terms Department, Engineer and Contract Engineer appear in VDOT Supplemental Specifications, Special Provisions and Special Provision Copied Notes used in this contract and the VDOT publication(s) that each references, the authority identified shall be according to the definitions in Section of the Virginia Department of Transportation Road and Bridge Specifications, dated Authority identified otherwise for this particular project will be stated elsewhere in this contract. VDOT Supplemental Specifications, Special Provisions and Special Provision Copied Notes used in this contract and the VDOT publication(s) that each reference are intended to be complementary to the each other. In case of a discrepancy, the order of priority stated in Section of the Virginia Department of Transportation Road and Bridge Specifications, dated 2016 shall apply. VDOT Special Provision Copied Notes in this contract are designated with (SPCN) after the date of each document. VDOT Supplemental Specifications and Special Provision Copied Notes in this contract are designated as such above the title of each document. The information at the top and left of each VDOT Special Provision Copied Note in this contract is file reference information for VDOT use only. The information in the upper left corner above the title of each VDOT Supplemental Specification and VDOT Special Provision in this contract is file reference information for VDOT use only. The system of measurement to be used in this project is stated elsewhere in this contract. VDOT Supplemental Specifications, Special Provisions and Special Provision Copied Notes containing imperial units of measure with accompanying expressions in metric units shall be referred to hereinafter as dual unit measurement documents. Such a dual unit measurement is typically expressed first in the imperial unit followed immediately to the right by the metric unit in parenthesis ( ) or brackets [ ] where parenthesis is used in the sentence to convey other information. Where a dual unit measurement appears in VDOT documents, the unit that applies shall be

71 according to the system of measurement as stated elsewhere in this contract. The unit shown that is not of the declared unit of measurement is not to be considered interchangeable and mathematically convertible to the declared unit and shall not be used as an alternate or conflicting measurement. Where VDOT Specifications are used for metric unit projects and only imperial units of measurement appear the document, the provision(s) in this contract for imperial unit to metric unit conversion shall apply (SPCN)

72 SS July 12, 2016 VIRGINIA DEPARTMENT OF TRANSPORTATION 2016 ROAD AND BRIDGE SUPPLEMENTAL SPECIFICATIONS SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS of the Specifications is amended as follows: Section Proposal Guaranty (Bid Bond) is amended by replacing the first paragraph with the following: A bid in excess of $250, will be rejected unless accompanied by a proposal guaranty, also known as a bid bond, made payable to the Commonwealth of Virginia, and executed on the Department's form (Form C-24), or on a form that contains the exact same wording as the Department's form. The amount of the proposal guaranty shall be 5 percent of the total bid. However, if the Bidder is eligible for the VirginiaWorks Self-Insured Payment & Performance Bond Program and his Bid is greater than $250,000 but less than $350,000, no proposal guaranty is required, but the Bidder is still subject to Section of the Specifications.

73 SECTION AWARD OF CONTRACT of the Specifications is replaced with the following: If the Contract is awarded, the award will be made to the lowest responsive and responsible bidder without discrimination on the grounds of race, color, gender, or national origin. In the event of tie bids, preference will be given to the lowest responsive and responsible bidder who is a resident of Virginia otherwise the tie will be decided by lot. Whenever any bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a preference, a like preference may be allowed to the lowest responsive and responsible bidder who is a resident of Virginia. The award date will not be later than midnight on the 75th day after the opening of bids. If the Board, or the Commissioner; where permitted by law, has not awarded the Contract within this period, the bidder may withdraw his bid without penalty or prejudice unless the time limit is extended by mutual consent. The Virginia Department of General Services shall post and maintain an updated list on its website of all states that allow their resident contractors an absolute preference or a percentage preference and the percentage amounts ; Reissued _(SPCN)_

74 cn SECTION SUBCONTRACTING of the Specifications is amended to replace the first paragraph with the following: No portion of the Contract shall be subcontracted or otherwise disposed of without the written consent of the Engineer, except for work that is $25,000 or less per subcontractor, where the cumulative total of the sublets not requiring the Engineer s written consent will not exceed 10 percent of the original contract value. This will not, however, waive the requirements for prequalification, and will be considered part of the percentage the Contractor is allowed to subcontract. The Contractor shall notify the Engineer of the name of the firm to whom the work will be subcontracted, and the amount and items of work involved. Such notification shall be made and verbal approval given by the Engineer prior to the subcontractor beginning work ; Reissued (SPCN)

75 VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR SECTION SUBCONTRACTING (STATE FUNDED PROJECTS) SECTION SUBCONTRACTING of the Specifications is amended to include the following: July 12, 2016_ (d) According to Commonwealth of Virginia Executive Order 20, the Contractor is encouraged to seek out and consider Small, Women-owned, and Minority-owned (SWaM) businesses certified by the Department of Small Business and Supplier Diversity (DSBSD) as potential subcontractors and vendors. Further, the Contractor shall furnish and require each subcontractor (first-tier) to furnish information relative to subcontractor and vendor involvement on the project. For purposes of this provision, the term vendor is defined as any consultant, manufacturer, supplier or hauler performing work or furnishing material, supplies or services for the contract. The Contractor and, or subcontractor (first-tier) must insert this provision 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). The applicable requirements of this provision are incorporated by reference for work done by vendors under any purchase order, rental agreement or agreement for other services for the contract. The Contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or vendor. The submission of a bid will be considered conclusive evidence that the Contractor agrees to assume these contractual obligations and to bind subcontractors contractually to the same at the Contractor s expense. When an approved Form C-31 Subletting Request is required according to IIM-CD , the Contractor shall indicate on the Subletting Request if a subcontractor is a certified DBE or SWAM business. The Contractor shall report all subcontractor and vendor payments annually on June 30th (if not a business day, then the next business day), and within 30 days after final acceptance of the work to the District Civil Rights Section. The Contractor shall provide the information in a format consistent with revised Form C-61 Vendor Payment Report, subject to the approval of the Engineer. If the Contractor fails to provide the required information, the Department may delay final payment according to Specification Section of the Specifications. It is the policy of the Department that Small, Women-Owned, and Minority-Owned (SWaM) Businesses shall have the maximum opportunity to participate in the performance of VDOT contracts. The Contractor is encouraged to take necessary and reasonable steps to ensure that SWaM firms have the maximum opportunity to compete for and perform work on the Contract, including participation in any subsequent subcontracts. If the Contractor intends to sublet a portion of the work on the project according to the provisions of Section of the Specifications, the Contractor is encouraged to seek out and consider SWaM firms as potential subcontractors. SWaM participation shall be according to the special provision for Section Use of Small, Women-Owned, And Minority-Owned Businesses (SWaMS).

76 SS July 12, 2016 VIRGINIA DEPARTMENT OF TRANSPORTATION 2016 ROAD AND BRIDGE SUPPLEMENTAL SPECIFICATIONS SECTION 106 CONTROL OF MATERIAL SECTION 106 CONTROL OF MATERIAL of the Specifications is amended as follows: Section Storing Materials is amended to replace the third paragraph with the following: Chemicals, fuels, lubricants, bitumens, paints, raw sewage, and other potential pollutantgenerating materials as determined by the Engineer or defined in the VPDES General Permit For Discharge of Stormwater from Construction Activities shall not be stored within any flood-prone area unless no other location is available. A flood-prone area is defined as the area adjacent to the main channel of a river, stream or other waterbody that is susceptible to being inundated by water during storm events and includes, but is not limited to, the floodplain, the flood fringe, wetlands, riparian buffers or other such areas adjacent to the main channel. If stored in a floodprone area, the material shall be stored in one or more secondary containment structures with an impervious liner and be removed entirely from the flood-prone area at least 24 hours prior to an anticipated storm event that could potentially inundate the storage area. Any storage of these materials outside of a flood-prone area that is in proximity to natural or man-made drainage conveyances where the materials could potentially reach a river, stream, or other waterbody if a release or spill were to occur, must be stored in a bermed or diked area or inside a secondary containment structure capable of preventing a release. Any spills, leaks or releases of such materials shall be addressed according to Section (b) and (e) of the Specifications. Accumulated rain water shall be pumped out of impoundment or containment areas into approved filtering devices. All proposed pollution prevention measures and practices must be identified by the Contractor in his Pollution Prevention Plan as required by the Specifications, other Contract documents and/or the VDPES General Permit for Discharge of Stormwater from Construction Activities.

77 SS July 12, 2016 VIRGINIA DEPARTMENT OF TRANSPORTATION 2016 ROAD AND BRIDGE SUPPLEMENTAL SPECIFICATIONS SECTION 107 LEGAL RESPONSIBILITIES SECTION 107 LEGAL RESPONSIBILITIES of the Specifications is amended as follows: Section (b)2 Air is amended to include the following: Reasonable precautions shall be taken at all times to prevent particulate matter from becoming airborne according to the State Air Pollution Control Board regulation 9 VAC 5 Chapter 50, Article 1, Standards of Performance for Visible Emissions and Fugitive Dust/Emissions. Section (e)3 SWPPP Requirements for Support Facilities is amended to include the following: The Contractor shall develop and enforce a Spill Prevention Control and Countermeasure (SPCC) Plan conforming to 40 CFR 112 if the aggregated volume of Oil stored within the project limits at any one time is greater than 1320 gallons. Oil, in this context, shall be defined according to 40 CFR 112. The aggregated volume includes that of both stationary and portable storage facilities but does not include individual storage containers with less than a 55 gallon capacity. The Contractor shall include the SPCC Plan as a part of his Pollution Prevention Plan for the project. Section (e)4.a Inspection Requirements is replaced with the following: a. Inspection Requirements The Contractor shall be responsible for conducting site inspections according to the requirements herein. Site inspections shall include erosion, sediment control, and pollution prevention practices and facilities; all areas of the site disturbed by construction activity; all on-site support facilities; and all off site support facilities within VDOT right of way or easement. The Contractor shall document such inspections by completion of Form C-107, Construction Runoff Control Inspection Form, according to the directions contained within the form. Inspections shall be conducted using one of the following schedules: Schedule 1 - At least once every 7 calendar days (equivalent to the once every five business days schedule in the VPDES General Permit for Discharge of Stormwater from Construction Activities) and within 48 hours following any measureable storm event. If a measureable storm event occurs when there are more than 48 hours between business days, the Contractor shall perform his inspection no later than the next business day. The Contractor shall install a rain gage at a central location on the project site for the purposes of determining the occurrence of a measureable storm event. Where the project is of such a length that one rain gage may not provide an accurate representation of the occurrence of a measurable storm event over the entire project site, the Contractor shall install as many rain gages as necessary to accurately reflect the amount of rainfall received over all portions of the project. The Contractor shall observe all rain gages no less than once each business day at the time prescribed in the SWPPP General Information Sheet notes in the construction plans or other contract documents to determine if a measureable storm event has occurred. The procedures for determining the occurrence of a measurable storm event are identified in the SWPPP General Information Sheet notes in the construction plans or other contract documents.

78 Schedule 2 - At least each Monday and Thursday (equivalent to the once every four business days schedule in the VPDES General Permit for Discharge of Stormwater from Construction Activities). Where Monday or Thursday is a non-business day, the inspection may be performed on the next business day afterward. In no case shall the inspections be performed less than once every four business days. The inspection schedule (1 or 2) is to be selected prior to the beginning of land disturbance. Once an inspection schedule is selected, it shall be defined in the appropriate note in the SWPPPP General Information Sheets contained in the construction plan set and shall be used for the duration of the project. A business day is defined as Monday through Friday excluding State holidays. A measurable storm event is defined as one producing 0.25 inches of rainfall or greater over a 24 hour time period. For those areas of the site that have been temporarily stabilized or where land disturbing activities have been suspended due to continuous frozen ground conditions and stormwater discharges are unlikely, the inspection schedule may be reduced to once per month. If weather conditions (such as above freezing temperatures or rain or snow events) make stormwater discharges likely, the Contractor shall immediately resume the regular inspection schedule. Those definable areas where final stabilization has been achieved will not require further inspections provided such areas have been identified in the project s Stormwater Pollution Prevention Plan.

79 cn SECTION PAYMENT FOR MATERIAL ON HAND of the Specifications is amended to include the following: (f) No payment for material on hand will be made for surface treatment materials on this contract ; Reissued (SPCN)

80 SP VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR SECTION 208 SUBBASE AND AGGREGATE BASE MATERIAL Crushed Hydraulic Cement Concrete (CHCC) July 12, 2016 SECTION 208 SUBBASE AND AGGREGATE BASE MATERIAL of the Specifications is amended as follows: Section Materials is replaced with the following: (a) Subbase material may consist of any mixture of natural or crushed gravel, crushed stone or slag, crushed hydraulic cement concrete (CHCC), and natural or crushed sand; with or without soil mortar. Subbase material may be used in a stabilized or unstabilized form. (b) Aggregate base material may be designated as Type I or Type II as follows: Type I shall consist of crushed stone, crushed slag, crushed hydraulic cement concrete (CHCC), crushed gravel or any combination of these material: with or without soil mortar or other admixtures. Crushed gravel shall consist of particles of which at least 90 percent by weight of the material retained on the No. 10 sieve shall have at least one face fractured by artificial crushing. Type II shall consist of gravel, stone, or slag screenings; fine aggregate and crushed coarse aggregate; sand-clay-gravel mixtures; crushed hydraulic cement concrete; or any combination of these materials; with or without soil mortar or other admixtures. Aggregate base materials Type I or II may be used in a stabilized or unstabilized form. (c) Crushed Hydraulic Cement Concrete shall not be used as Subbase or aggregate base material when any subsurface drainage system, such as standard underdrains (UD-4 or UD- 5) and /or a stabilized open graded aggregate drainage layer (OGDL) is present, except when the CHCC is cement stabilized. Section (b) Atterberg Limits is amended to include the following: Plasticity: Subbase and aggregate base materials shall be either non-plastic (PI=0) or shall conform to Table II-11 of the Specifications when tested according to VTM-7. If the material is classified as non-plastic (PI=0), according to VTM-7, the Liquid Limit requirement will be waived. Exceptions to this provision are noted as follows: % CHCC and 20% or less CHCC Blends will be tested and subject to penalty as noted in Table II-11 of the Specifications for the plasticity index, excluding Liquid Limit penalties. 2. Greater than 20% CHCC Blends will follow testing guidelines as set forth in Section (b) for Atterburg limits. Section is amended to add the following: (h) Deleterious Material: The quantity of deleterious materials present in stockpiles of Crushed Hydraulic Cement Concrete, to be used in blending with virgin aggregates or as 100 percent CHCC, shall not exceed the following values:

81 MATERIAL PERCENT BY WEIGHT (MASS) Asphalt Concrete 5.0 Glass and Metals 5.0 Wood, Plastic, Brick and other foreign matter 0.5 Section Job-Mix Formula is replaced by the following: (a) The Contractor shall submit, or shall have the source of supply submit, for the Engineer s approval, a job-mix formula for each mixture to be supplied for the project prior to starting work. The formula shall be within the design range specified in Table II-9 of the Specifications. If unsatisfactory results or other conditions make it necessary, the Contractor shall prepare and submit a new job-mix formula for approval. (b) A job mix formula shall be submitted for the engineer s approval for each category of CHCC mixture used. Designated categories shall indicate the mixture percentage of CHCC used according to the following criteria: 1. Category 1: 100% CHCC Category 2: 20% or less CHCC ( 20%) Category 3: greater than 20% CHCC but less than 100% CHCC (>20%<100%) 2. The quantity of CHCC in the mix shall be expressed as a percentage of the total mix. Section Acceptance is amended to include the following: The following applies specifically to the use of Crushed Hydraulic Cement Concrete (CHCC) mixtures in addition to the acceptance criteria specificed in this section: % CHCC shall conform to this special provision % or Less CHCC Blends shall conform to this special provision. 3. Greater than 20% CHCC Blends shall conform to the following: a. The virgin aggregate portion of the blend will be tested for Atterberg limits, prior to CHCC blending. b. Price adjustments for Liquid Limit and the Plasticity Index of the virgin aggregates used in the blend with CHCC shall be according to Table II-11 of the Specifications. c. No additional testing for Liquid Limit or Plasticity Index will be required on the final blended product. 4. All shipments of products containing CHCC must be designated on the shipping ticket (scale ticket) by the use of the letter R. Examples: [22R, 21AR and 21BR] for: Aggregate Base material, Type I or Subbase materials.

82 SS April 19, 2016; Issued July 12, 2016 VIRGINIA DEPARTMENT OF TRANSPORTATION 2016 ROAD AND BRIDGE SUPPLEMENTAL SPECIFICATIONS SECTION 232 PIPE AND PIPE ARCHES SECTION 232 PIPE AND PIPE ARCHES of the Specifications is amended as follows: Section (c)1 is replaced with the following: Corrugated steel culvert pipe and pipe arches shall conform to AASHTO M36 except that helically formed pipe shall be tested in accordance with AASHTO T249 at the rate of one test per week per corrugation machine per work shift. The Contractor shall maintain records of such test for a period of 24 months. Pipe shall be fabricated from materials conforming to AASHTO M218 for galvanized pipe, AASHTO M274 for aluminum coated pipe, AASHTO M246 for polymer coated pipe and AASHTO M289 for aluminum zinc alloy coated pipe. Steel spiral rib pipe shall be of smooth wall spiral rib construction. When connecting bands or flared end sections are required, helically formed pipe shall have rerolled ends with a minimum of two annular corrugations. End sections shall be produced in accordance with AASHTO M36 from materials conforming to the applicable requirements of AASHTO M218 for use with galvanized pipe, AASHTO M274 for use with aluminumcoated or polymer coated pipe, or AASHTO M289 for use with aluminum zinc alloy-coated pipe. Joints shall be installed as specified on the plans, in the event the joint is not specified, it shall be a leak-resistant joint. Section (c)7 is deleted, and paragraphs 8 and 9 are renumbered to 7 and 8, respectively. Section (l) Polypropylene (PP) Pipe is replaced with the following: Polypropylene (PP) Pipe: PP corrugated culvert and storm drain pipe shall conform to AASHTO M330, and shall be double wall pipe (Type S) for nominal diameters of 12 inches through 30 inches, inclusive, and shall be triple wall pipe (Type D) for nominal diameters of 36 inches through 60 inches, inclusive. The Department will not permit the use of polypropylene pipe less than 12 inches or greater than 60 inches in diameter. Fittings and joining systems shall also meet AASHTO M330. Section (m) Pipe Joints is inserted as follows: Pipe joints shall meet the requirements of AASHTO PP-63 for Soil-Tight, Silt-Tight, Leak- Resistant or other special design, except that leak-resistant joints shall not require infiltration or exfiltration testing in the field, and joints shall be on VDOT Materials Division Approved List for pipe joints. Pipe Joint systems shall be submitted to the Materials Division certifying the system meets the requirements for Soil-Tight, Silt-Tight, Leak-Resistant or Special Design in order to be on the approved list. Section (n) Pipe to Structure Connections and Waterstops is inserted as follows: Manufactured pipe connection systems for connecting pipe to drainage structures shall be submitted to the Materials Division certifying the system meets the requirements for Soil-Tight, Silt-Tight, or Leak-Resistant in order to be on the approved list. When resilient connectors for silt tight connections are specified for concrete pipe to concrete structures, the connectors shall meet the requirements of ASTM C1478. When resilient connectors for leak resistant connections are specified for flexible pipe to concrete structures, the connectors shall meet the requirements of ASTM F2510.

83 When waterstops are specified, they shall meet the requirements of ASTM F2510, Section 4.1 Materials and Manufacture and Section 4.2 Mechanical Devices. The waterstop shall have a 1 inch minimum keylok anchor embedded into the concrete or mortar connection on pipe sizes below 18 inch diameter and 1.5 inch for pipe 18 inches and greater in diameter. There shall be a minimum 2 inches of concrete or mortar connection around the rubber gasket to permit proper consolidation around the gasket. All waterstops shall be secured to the pipe with a take-up clamp before applying mortar.

84 cn SECTION (b) PRECAST DRAINAGE STRUCTURES of the Specifications is amended to include the following: Precast units, excluding concrete pipe, prestressed concrete items and soundwalls, conforming to the requirements herein will only be accepted under a Quality Control/Quality Acceptance Program (QC/QA). The Contractor shall have the producer perform quality control functions according to a Department approved QC/QA plan. Each piece, manufactured under the QC/QA program, in addition to the date and other required markings, shall be stamped with the letters (QC), as evidence that the required QC/QA procedures have been performed. Each shipping document shall be affixed with the following: We certify that these materials have been tested and conform to VDOT Precast Concrete Products Quality Assurance Program ; Reissued (SPCN) Signature and Title

85 SP VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR RESTORING EXISTING PAVEMENT July 12, 2016 I. DESCRIPTION This work shall consist of restoring existing pavement, removed for installation or repair of utilities such as, but not limited to pipe culverts, conduits, water and sanitary sewer items. II. MATERIALS Asphalt Concrete shall conform to Section 211 of the Specifications. Aggregate Subbase material shall conform to Section 208 of the Specifications. Asphalt Material shall conform to Section 210 of the Specifications. Fine Aggregate shall conform to Section 202 of the Specifications. Coarse Aggregate for surface treatment shall conform to Section 203 of the Specifications. Hydraulic Cement Concrete Class A3 shall conform to Section 217 of the Specifications. Steel Reinforcement shall conform to Section 223 of the Specifications. III. PROCEDURES Pavement restoration shall be according to this Provision and plan notes. Backfill shall be according to Section (a)2.g. of the Specifications. Asphalt Concrete shall be placed and compacted according to Section 315 of the Specifications. Surface Treatment shall be placed according to the special provision for Asphalt Surface Treatment and the attached drawing. Concrete Pavement shall be placed according to the special provision for Patching Hydraulic Cement Concrete Pavement and this special provision. Open trench in Hydraulic Cement Concrete Pavement should be located at existing transverse joints if at all possible. If concrete pavement is removed within two feet of an existing transverse joint, pavement removal shall be extended two feet beyond the joint. Reinforcing steel and dowels shall be installed according to Road and Bridge Standard PR-2. Joint replacement shall be according to Road and Bridge Standard PR-2. IV. MEASUREMENT AND PAYMENT Restoring Existing Pavement unless otherwise specified will not be measured for separate payment, the cost thereof shall be included in the price bid for the utility to which it pertains according to Section , Section or Section of the Specifications, as appropriate. However, widths and depths in excess of the attached drawing that are authorized or directed by the Engineer will be paid for according to Section of the Specifications.

86 NOTES: The following methods for restoring existing pavement shall be adhered to unless otherwise specified on the plans. 1. Pipe culverts, conduits and utility items shall be installed according to the applicable Road and Bridge Standards and Specifications. 2. Subbase - Aggregate material Type 1, Size 21A or 21B. 3. Asphalt Concrete Type BM Surface - Asphalt Concrete Type 165 lbs. per sq. yd. 5. Surface - Blotted Seal Coat Type C: The initial seal and final seal shall be CRS-2, CMA-2 or CMS-2h liquid asphalt 0.17 gal./sq. yd. with 15 lbs. of No. 8P stone/sq. yd. each. The blot seal shall be CRS-2, CMS-2 or CMS- 2h liquid asphalt 0.15 gal./sq. yd. with 10 lbs. of fine aggregate grade B sand per sq. yd. 6. Subbase - Aggregate material Type 1 Size 21B 7. Surface - Hydraulic Cement Concrete, high early strength, matching existing structure for depth and surface texture.

87 VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR PIPE REPLACEMENT February 28, 2013; Reissued July 12, 2016_ I. DESCRIPTION This work shall consist of the replacement of existing storm water, surface water pipe culverts and/or sanitary sewer lines by the method or methods specified at the designated locations described in the Contract using various standard and non-standard methodologies/technologies according to this provision and as directed by the Engineer. II. MATERIALS Cement grout shall conform to Section 218 of the Specifications except the grout shall be a nonshrink mix design. Pipe used in replacement operations shall conform to Section 232 of the Specifications. III. GENERAL PROCEDURES All work shall be contained within the existing right-of-way. In the event a temporary construction easement is deemed necessary due to the selected method or product chosen by the Contractor, the Contractor shall obtain such additional easement for his convenience at no additional cost to the Department. The Contractor shall maintain all lanes of traffic at all times according to the Special Provision for Section 512 Maintaining Traffic Non-Schedules (Lump Sum) unless otherwise directed by the Engineer. This maintenance of traffic shall include temporary detours if required by the Contractor s method of operations to facilitate construction and where permitted by the locality and the Department. When temporary detours are required the Contractor shall design and construct temporary detours according to Sections and 512 of the Specifications and Standard GS-10 of the Road and Bridge Standards respectively. The cost for maintenance of traffic including temporary detours shall be bid as a lump sum amount for the specific location of each pipe replacement as shown in the Contract according to the Special Provision for Section 512 Maintaining Traffic Non-Schedules (Lump Sum) unless otherwise specified in the Contract. The Contractor shall contact Miss Utility prior to commencing any work that may conflict with existing utilities, and shall coordinate with the utility company(ies) and the Engineer for any adjustments deemed necessary to complete the work. The Contractor shall notify the VDOT Area Construction Engineer at least 48 hours prior to initiation of replacement operations at the site. In the event the selected method of replacement requires disturbing existing surfaces, these surfaces shall be restored in kind to original pre-construction conditions after replacement operations have been completed. The cost shall be included in the price bid for Pipe Replacement for the specified location. The Contractor shall obtain all required OSHA confined space entry permits where these are required by the Contractor s operations and the scope of work in the Contract. The Department has performed an inspection of the existing pipes in the Contract to determine the extent and nature of each pipe s deterioration or damage in each location so as to designate the allowable methods of replacement of the pipe at that specific site. Using the information collected from this inspection the Department has determined through its engineering analysis the best practical method(s) of replacement for each respective site (location) taking into account site

88 specific conditions such as installation working space, hydraulic capacity before and after replacement, height of cover, soil density, and loading conditions, among other criteria. The Contractor shall select, according to the method or options of methods designated by the Department for each specified location or site indicated in the Contract, how he/she chooses to perform the work. Regardless of the final method selected, the Contractor shall provide the Engineer documentation of the procedures, materials, equipment, incidentals and resources he/she shall employ to ensure successful replacement of the existing culvert(s) and/or sewers to assist the Engineer in monitoring the Contractor s operations. The Contractor will not be permitted to substitute a different method(s), if designated, than that or those specified for the location described in the Contract. Replacement procedures shall be performed according to the method specified according to Section of the Specifications at the location shown or described in the Contract. Pipes shall be installed to the line and grade shown or derived from invert elevations specified in the plans. Unless otherwise specified, pipes abandoned in place shall be grouted to fill the entire inside void with flowable backfill conforming Section 509 of the Specifications. The following methods of pipe replacement are approved by the Department; however, not all methods may be appropriate for each individual location. The Contractor shall consult the Contract to determine the method or methods that are permitted per the location cited. Individual methods shall conform to the criteria specified. Method A Jacked pipe installation shall be the jack and bore method according to Section (a)1 of the Specifications. Method B - Open trench pipe installation shall be the open trench method according to Section (a)2 of the Specifications. Post installation inspection shall be performed according to Section (d) of the Specifications. The cost of such inspection will be considered incidental to the cost of the installation. IV. MEASUREMENT AND PAYMENT Pipe Replacement (Method A) will be measured and paid for in units of linear feet of Jacked and Bored Pipe according to Section of the Specifications. Pipe Replacement (Method B) will be measured and paid for in units of linear feet of Pipe according to Section of the Specifications. These prices shall also include excavating when not designated as a separate pay item attributable to this specific work; sheeting; shoring; dewatering; disposing of surplus and unsuitable material; backfilling and backfill material; compaction; restoring existing surfaces; clearing obstructions, and flowable backfill when not designated as a separate pay item attributable to this specific work. Payment will be made under: Pay Item (Size) Pipe Replacement (Method A) (Size) Pipe Replacement (Method B) Pay Unit Linear Foot Linear Foot

89 VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR PIPE REHABILITATION July 30, 2015; Reissued July 12, 2016_ I. DESCRIPTION This work shall consist of the rehabilitation of existing storm water, surface water pipe culverts and/or sanitary sewer lines by the method or methods specified at the designated locations described in the Contract using various standard and non-standard methodologies/technologies according to this provision and as directed by the Engineer. II. MATERIALS Cement grout shall conform to Section (b) or (d) of the Specifications. Corrugated steel pipe liner used for Method C rehabilitation shall conform to Section of the Specifications and shall be 10 gage with 3-inch by 1-inch angular corrugations. Corrugated steel pipe used as liners shall be manufactured by QC/QA producers on the Materials Division Approved Products List. Flexible pipe liner systems used for Method D rehabilitation shall be from the Materials Division Approved Products List 38 and may be subject to limitations for use as specified herein, by sitespecific limitations for those locations listed in the Contract, or as shown on the Materials Division Approved Products List 38 for the specific liner system. Where such is the case, the Contractor shall use only that type or those types that conform to the requirements for all pipe rehabilitation systems listed in List 38 and what the Department has specified for the specific location listed in the bid proposal documents. The Contractor shall furnish information, services, or other requirements as detailed on List 38 for all materials used for pipe rehabilitation system(s) specified in the Contract. Flexible pipe liners shall be one or more of the following categories as designated in the Contract: Category A - Cured-In-Place Pipe (CIPP) Category B - Fold and Form flexible liners Category C High Density Polyethylene (HDPE), Polyvinylchloride (PVC), or Polypropylene (PP) slip liners Category D - Spray-On liners When Category A - Cured-In-Place Pipe liners are specified, the liner system supplied by the Contractor shall conform to the following requirements as supported by submitted design calculations: Must meet Drainage Manual, Chapter 8, Section Table A, Flexible Liner (Method D) Type Selection Guidelines for Category A systems. Must exactly follow ASTM F1216 Appendix X1.2.2 Fully Deteriorated Gravity Pipe Conditions. Provide groundwater table elevation at crown of pipe.

90 Traffic loading is HL-93, ignore after 8 ft of cover except for multiple barrel rehabs, continue indefinitely. Total wet unit weight of soil is 120 pcf, 135 pcf saturated. Modulus of soil reaction (based on VDOT pipe installation standards): 0-5 ft of cover = 1.8 ksi >5-10 ft of cover = 2 ksi >10-30 ft of cover = 2.2 ksi >30-60 ft of cover = 2.6 ksi >60 ft of cover = 2.8 ksi Factor of safety N = 2.0. Construction: Any voids around exterior of host pipe must be filled for design assumptions to be valid. Shall specify the following: Method for installation and curing. Individual components. Tube type (whether reinforced or non-reinforced). Manufacturer name and type of resin including catalyst. Volume of resin required to achieve proper impregnation and curing. Shall include lot numbers and expiration dates of all supplied components. Shall have an impermeable inner and outer plastic film or plastic pre-liner to promote complete polymerization, prevent resin migration and loss, and prevent contamination of the interior of the finished product. Shall conform to the following table: Property Test Procedures Physical Requirements Tensile strength at yield ASTM D-638 3,000 PSI Modulus of elasticity ASTM D ,000 PSI Flexural strength ASTM D-790 4,000 PSI When Category B Fold and Form flexible liners are specified, the liner system supplied by the Contractor shall conform to the following requirements as supported by submitted design calculations: Must meet Drainage Manual, Chapter 8, Section Table A, Flexible Liner (Method D) Type Selection Guidelines for Category B systems. Must exactly follow ASTM F1947 Appendix X1.2.2 Fully Deteriorated Design Condition or ASTM F1867 Appendix X1.2.3 Fully Deteriorated Design Condition.

91 Provide groundwater table elevation at crown of pipe. Traffic loading is HL-93, ignore after 8 ft of cover except for multiple barrel rehabs, continue indefinitely. Total wet unit weight of soil is 120 pcf, 135 pcf saturated. Modulus of soil reaction (based on VDOT pipe installation standards): 0-5 ft of cover = 1.8 ksi >5-10 ft of cover = 2 ksi >10-30 ft of cover = 2.2 ksi >30-60 ft of cover = 2.6 ksi >60 ft of cover = 2.8 ksi Factor of safety N = 2.0. Construction: Any voids around exterior of host pipe must be filled for design assumptions to be valid. When Category C HDPE, PVC, PP slip liners or spirally wound liners are specified, the liner system supplied by the Contractor shall conform to the following requirements as supported by submitted design calculations: Must meet Drainage Manual, Chapter 8, Section Table A, Flexible Liner (Method D) Type Selection Guidelines for Category C systems. Must follow AASHTO LRFD Bridge Design Specifications, Section 12, version in use by VDOT Structure & Bridge Division at time of submittal, except that PVC spirally wound liners will follow ASTM F1697 and F1741. Must provide SDR and outside diameter of pipe, for solid wall pipe. Must provide outside diameter, inside diameter, diameter to centroid of wall, moment of inertia, gross and effective areas of wall, for corrugated or profile wall pipe. Provide groundwater elevation at crown of pipe. Traffic loading is HL-93, ignored after 8 ft of cover except for multiple barrel rehabs continue indefinitely. Total wet unit weight of soil is 120 pcf, 135 pcf saturated. Constrained soil modulus (based on VDOT pipe installation standards): 0-5 ft of cover = 1.8 ksi >5-10 ft of cover = 2 ksi >10-30 ft of cover = 2.2 ksi >30-60 ft of cover = 2.6 ksi

92 >60 ft of cover = 2.8 ksi Shape factor shall be 3.0. Long term modulus shall be used for stiffness computation. Live Load Distribution Factor = 1. Deflection Lag Factor = 1.5. Bedding Factor = 0.1. Installation Factor = 1.5. Maximum deflection, deflection needed in any computations, and service longterm tension strain limit shall be 5 percent for PE, and either 5 percent or 3.5 percent for PVC depending on cell class as per AASHTO LRFD Bridge Design Specs Table , and 3.5 percent for PP. Poisson s ratio of soil shall be 0.3. Earth load modifier shall be 1.05 and live load modifier shall be 1.0. Manning s N number for open channel flow n = for smooth interior PVC and for smooth interior HDPE and PP. (For hydraulic design.) Construction: Any voids around exterior of host pipe must be filled for design assumptions to be valid. The annular space between host pipe and liner pipe must be fully grouted for design assumptions to be valid. When Category D Spray-on liners are specified for structural rehabilitation, the liner system supplied by the Contractor shall conform to the following requirements as supported by submitted design calculations: Must meet Drainage Manual, Chapter 8, Section Table A, Flexible Liner (Method D) Type Selection Guidelines for Category D systems. Because of the variety of spray-on liners available, several design options may be used. For cementitous liners, design shall be guided similarly to nonreinforced concrete pipe, or alternately, similar to fiberglass pipe (high modulus material). For other liners, polyurea for example, design shall be guided similarly to fiberglass pipe (high modulus material) or simply as plastic pipe if flexural modulus or ring bending strain results are not satisfactory. Cementitious liner treated similarly as fiberglass pipe (this method is based on the proposed AASHTO LRFD Bridge Design Specifications for fiberglass pipe): Articles referenced below are from AASHTO LRFD Bridge Design Specifications, Section 12, version in use by VDOT Structure & Bridge Division at time of submittal.

93 The flexibility factor for fiberglass pipe shall be determined according to Article , but with the modulus replaced by flexural modulus, and the flexibility factor shall be limited as specified in Article Follow Section for deflection, except replace modulus with flexural modulus (ksi) and drop the escd term. Factored long term strain due to flexure shall be less than or equal to 0.9*Sb (Sb is ring bending strain). Factored buckling strain demand shall be less than or equal to 0.7*nominal strain capacity for buckling demand, computed per Eqn e-2, except replace modulus with flexural modulus and soil resistance factor shall be 1.0. Factored buckling strain shall be: [[13.65 *Height of soil over crown (in feet) *PL] * radius of liner to centroid of wall in in.]/(flexural modulus in ksi * X-S area of liner in in 2 /in), where PL is determined from Eqn Flexural modulus shall be determined from pipe stiffness tests and per Appendix 2 of ASTM D2412, and shall be at least 1,200 ksi. Long term ring bending strain, Sb, shall be determined according to ASTM D5365 and results extrapolated to both 50 years and 75 years, and shall be at least It is recognized that for a spray-on product, obtaining specimens for flexural modulus and ring bending strain tests would require special formwork at a fabrication facility. Similarly as is done for watertight joint testing, these tests may be done and witnessed by a PE and a report submitted, which may then be used as proof of results without having to perform the tests for each future project, as long as materials and processes have not changed. Application thicknesses not tested may be interpolated by a satisfactory method. Extrapolation beyond thicknesses tested will not be permitted on the thin side, and will only be permitted for thicker applications by satisfactory statistical data. GW table at crown of pipe. Traffic loading is HL-93, ignored after 8 ft of cover except for multiple barrel rehabs continue indefinitely. Unit weight of soil is 120 pcf, 135 pcf saturated. Modulus of soil reaction (based on VDOT pipe installation standards): 0-5 ft of cover = 1.8 ksi >5-10 ft of cover = 2 ksi >10-30 ft of cover = 2.2 ksi >30-60 ft of cover = 2.6 ksi >60 ft of cover = 2.8 ksi Shape factor shall be 3.0.

94 Live Load Distribution Factor = 1. Deflection Lag Factor = 1.5. Bedding Factor = 0.1. Installation Factor = 1.5. Maximum deflection and deflections needed in any computations shall be 5 percent. Poisson s ratio of soil shall be 0.3. Earth load modifier shall be 1.05 and live load modifier shall be 1.0. Other liner types treated similarly as fiberglass pipe: Same as for cementitous liner treated similarly as fiberglass pipe above. Other liner types treated same as plastic pipe: Follow AASHTO LRFD Bridge Design Specifications, Section 12, for thermoplastic pipe, version in use by VDOT Structure & Bridge Division at time of submittal. GW table at crown of pipe. Traffic loading is HL-93, ignored after 8 ft of cover except for multiple barrel rehabs continue indefinitely. Unit weight of soil is 120 pcf, 135 pcf saturated. Modulus of soil reaction (based on VDOT pipe installation standards): 0-5 ft of cover = 1.8 ksi >5-10 ft of cover = 2 ksi >10-30 ft of cover = 2.2 ksi >30-60 ft of cover = 2.6 ksi >60 ft of cover = 2.8 ksi Shape factor shall be 3.0. Live Load Distribution Factor = 1. Deflection Lag Factor = 1.5. Bedding Factor = 0.1. Installation Factor = 1.5. Maximum deflection and deflections needed in any computations shall be 5 percent. Poisson s ratio of soil shall be 0.3.

95 Earth load modifier shall be 1.05 and live load modifier shall be 1.0. Construction: Any voids around exterior of host pipe must be filled for design assumptions to be valid. Smooth-wall steel pipe liner used for Method E rehabilitation shall conform to Section (c)4 of the Specifications. III. GENERAL PROCEDURES The Contractor shall submit site specific working drawings (and supportive calculations) to the Engineer according to the requirements herein and Section of the Specifications for the rehabilitation method selected by the Contractor from the allowable methods per each location listed in the Contract prior to the start of pipe rehabilitation operations. The Contractor shall furnish to the Engineer a certification of the acceptability of the proposed rehabilitation system to provide the necessary hydraulic capacity and structural strength to support the anticipated total load and hydrology at the site of rehabilitation, as determined from a review that has been signed and sealed by a Professional Engineer holding a valid license to practice engineering in the Commonwealth of Virginia. Such certification shall cover all design data, supporting calculations and planned rehabilitation materials. All work and equipment shall be contained within the existing right-of-way. In the event a temporary construction easement is deemed necessary due to the selected method or product chosen by the Contractor, the Contractor shall obtain such additional easement for his convenience at no additional cost to the Department. The Contractor shall maintain all lanes of traffic at all times according to the Special Provision for Section 512 Maintaining Traffic Non-Schedules (Lump Sum) unless otherwise directed by the Engineer. This maintenance of traffic shall include temporary detours if required by the Contractor s method of operations to facilitate construction and where permitted by the locality and the Department. When temporary detours are required, the Contractor shall design and construct temporary detours according to Sections and 512 of the Specifications and Standard GS-10 of the Road and Bridge Standards respectively. The cost for maintenance of traffic including temporary detours shall be bid as a lump sum amount for the specific location of each pipe rehabilitation as shown in the Contract according to the Special Provision for Section 512 Maintaining Traffic Non-Schedules (Lump Sum) unless otherwise specified in the Contract. The Contractor shall contact Miss Utility prior to commencing any work that may conflict with existing utilities, and shall coordinate with the utility company(ies) and the Engineer for any adjustments deemed necessary to complete the work. The Contractor shall notify the VDOT Area Construction Engineer at least 48 hours prior to initiation of rehabilitation operations at the site. In the event the selected method of rehabilitation requires disturbing existing surfaces, these surfaces shall be restored in kind to original pre-construction conditions after rehabilitation operations have been completed and the cost thereof shall be included in the price bid for Pipe Rehabilitation for the specified location. The Contractor shall obtain all required OSHA confined space entry permits where these are required by the Contractor s operations and the scope of work in the Contract.

96 The Department has performed an inspection of the existing pipes in each location listed in the Contract to determine the extent and nature of each pipe s deterioration or damage so as to designate the allowable methods of rehabilitation of the pipe at that specific site. Using the information collected from this inspection, the Department has determined through its engineering analysis the best practical method(s) of rehabilitation for each respective site (location) taking into account site specific conditions such as installation working space for the various types of liners, hydraulic capacity before and after rehabilitation, height of cover, soil density, and loading conditions, among other criteria. The Contractor shall select from the allowable method(s)/category(ies) for each specified location or site indicated in the Contract, how the Contractor chooses to perform the work. Regardless of the final method selected, the Contractor shall provide the Engineer documentation of the proposed procedures, materials, equipment, incidentals and resources the Contractor shall use to ensure successful rehabilitation of the existing pipe(s) to assist the Engineer in monitoring the Contractor s operations. The Contractor will not be permitted to substitute a different method(s) and category(ies), if designated, than that or those specified for the location described in the Contract. The Contractor shall clear the existing pipe(s) designated for rehabilitation of any debris, protrusions greater than ½ inch in height and any other potential obstructions prior to the start of rehabilitation efforts. The Contractor shall then thoroughly clean and prepare the host pipe prior to the liner installation. Cleaning shall conform to the recommendations of the liner manufacturer/producer or supplier of the methodology to be used. In the absence of such recommendations, the Contractor shall submit his/her proposed method for cleaning and preparing the host pipe for the Engineer s review and acceptance. A copy of the cleaning methodology and materials shall be provided to the Engineer at least 2 working days prior to beginning the work at that location. Please note: All specified time limits in these specifications refer to working days, not calendar days. Pre-Installation Inspection In addition to the inspection performed by the Department, and not later than 2 to 3 weeks after cleaning the host pipe at the specified location, the Contractor shall perform a pre-installation visual/video inspection at the designated location of the pipe shown in the Contract or where directed by the Engineer. This visual/video inspection shall be conducted according to this specification and VTM 123 to verify pre-construction conditions. The inspection shall be performed in the presence of the Engineer. Video inspections shall be clearly labeled on the media with the time, date, and location of the pipe inspected. A copy of the video inspection shall be furnished to the Engineer prior to the start of rehabilitative construction. The cost of pre- Installation Inspection will be considered incidental to the cost of the installation. In the event the Contractor s inspection shows the method of rehabilitation the Contractor has selected is no longer viable at that location as verified by the Engineer, the Contractor shall select another allowable method, if specified, from those designated in the Contract. If no other method is designated, or if other methods of rehabilitation also now are deemed impracticable at that location, further work will be determined according to Section of the Specifications. The following methods of pipe rehabilitation are approved by the Department; however, not all methods may be appropriate for each individual location. The Contractor shall consult the Contract to determine the method (and category if designated) or methods (and categories if designated) that are permitted per the location cited. Individual methods shall conform to the criteria specified. PIPE REHABILITATION BY LINER Method C - Corrugated steel pipe liner shall be rehabilitation by insertion of a rigid corrugated steel pipe liner through an existing host pipe (36" diameter or larger corrugated or concrete pipe). Where required, pipe shall be joined by the use of coupling bands of an internal expansion type that shall provide a leak-proof joint after grouting. Expansion devices shall be installed above the mid-point of the pipe. After the Engineer approves installation and alignment of the liner within the host pipe, the Contractor shall pressure

97 grout the annular space between the existing pipe and the liner. Prior to grouting, the annular space shall be adequately sealed at each end. Plug holes required for injection of grout shall be satisfactorily plugged and sealed following the grouting operation. Method D - Flexible pipe liner shall be rehabilitation by the use of a flexible pipe liner. Rehabilitation, as indicated in the Contract, shall be accomplished by the use of the following: Category A - Cured-In-Place Pipe (CIPP) Category B - Fold and Form flexible liners Category C - HDPE, PVC, or PP slip liners Category D - Spray-On liners Installation and curing requirements of pipe sections for the various flexible pipe liners shall be according the manufacturer recommendations for the specific product as applicable. Joints shall meet the requirements of Section 30 of the AASHTO Bridge Construction Specifications and leak resistance as defined in AASHTO PP The Contractor shall furnish curing requirements for the various flexible liners to include as applicable individual components of the system, tube type (whether reinforced or nonreinforced), manufacturer name and type of resin including catalyst, volume of resin required to achieve proper impregnation and curing. All components of the systems shall be as recommended by the manufacturer for the specific system used, and all components shall include lot numbers and expiration dates. The Contractor shall submit documentation from the manufacturer to verify compliance with the requirements of this paragraph as well as installation recommendations to the Engineer at least 72 hours prior to the start of installation. Method D, Category A Cured-In-Place Pipe liner method. The Cured-In-Place Pipe liner system shall be designed, fabricated and installed in such a manner as to result in a maintained full contact tight fit to the internal circumference of the host pipe for its entire length. The installation shall adhere to the cure times and temperatures stipulated in the manufacturer s recommended installation and cure specifications and the finished product shall be free of de-lamination, bubbling, rippling or other signs of installation failure. Pulled-in-place liner installation must be accomplished without significant liner twisting or stretching during installation. At no time shall the pulling force for liner installation exceed that established by the liner manufacturer. All Cured-In-Place Pipe installations shall be performed in the dry. The Contractor shall consider the cost to accommodate this requirement as incidental to the cost of the installation. Curing for styrene-based, epoxy-based, and vinyl ester-based CIPP may be accomplished by water, steam or ultraviolet light and shall be according to the liner manufacturer's recommendations. The Contractor shall submit preconstruction installation and cure specifications (to include site specific cure time and temperature calculations) and design calculations (stamped by a licensed professional engineer) to the VDOT Engineer a minimum of 72 hours prior to initiation of installation. The Contractor shall place an impermeable sheet immediately upstream and downstream of the host pipe prior to liner insertion to capture any possible raw resin

98 spillage during installation and shall remove and properly dispose of any waste materials. Where the pulled-in-place method of installation is used, the Contractor shall install a semi-rigid plastic slip sheet over any interior portions of the host pipe that could tear the outer film or over any significant voids in the host pipe. The Contractor shall ensure there is no loss of impermeability of the inner and outer plastic films or pre-liner during installation. The Contractor shall promptly repair any pinholes or tears in the plastic films or pre-liner before proceeding with the installation. Where such damaged areas cannot be repaired, the Contractor shall promptly replace the impermeable plastic films or pre-liner before proceeding with the installation. The Contractor shall not perform work without oversight of the VDOT Engineer or Inspector for the duration of the installation. The Contractor shall monitor temperature via a minimum of three thermocouples on the outer surface of the liner (one each at the upstream and downstream ends and one approximately mid-length of the host pipe) and automatically log cure timetemperature data with a print-out from the data logger and provide such information to the VDOT Engineer. The Contractor shall obtain and comply with all discharge-related permits, including air, water, and wastewater treatment (i.e. Publicly Owned Treatment Works or POTW ). For any discharge to a Publicly Owned Treatment Works (POTW), the Contractor shall obtain advanced written approval from the receiving facility for acceptance of effluent waste before repair work can start and shall provide such documentation of the POTW discharge approval to the Engineer prior to the start of the installation. The Contractor shall capture and properly dispose of all cure water and/or steam condensate and be responsible for the proper transportation and off-site disposal of process residuals. The Contractor shall provide disposal documentation from the receiving facility to the VDOT Engineer. For any discharge to a Publicly Owned Treatment Works (POTW), the Contractor shall comply with all the requirements of the POTW receiving the discharge. The Contractor shall thoroughly rinse the cured lined pipe with clean water and capture and properly dispose of rinse water prior to re-introducing flow. For styrene-based CIPP and vinyl ester-based CIPP, the Contractor shall employ the services of a qualified independent environmental services laboratory or environmental consultant to collect the following samples: pre-rehabilitation soil and water samples within 3 feet of the pipe ends (or otherwise as close as possible) upstream and downstream of the pipe location; and soil and water samples within 3 feet of the pipe ends (or otherwise as close as possible) upstream and downstream of the pipe location within one week after the pipe liner has cured. These samples shall be collected according to applicable ASTM standard procedures. For styrene-based liners, samples shall be analyzed for styrene using USEPA SW 846 Method Styrene concentrations in water samples shall not exceed 2.5 mg/l. For vinyl ester-based liners, samples shall be analyzed for diallyl phthalate. Diallyl phthalate concentrations in water samples shall not exceed 0.4 mg/l. The Contractor shall report the results of all sampling to the Engineer within 4 weeks after completion of the rehabilitation. The following information shall also be supplied in the water or soil sampling reports:

99 Location of pipe: County, VDOT Residency Route number and distance to nearest intersection Name of stream if applicable or known Description of pipe: Length, diameter, type i.e. concrete, corrugated steel Conveyance conditions i.e. wet weather only, perennial, current conditions General flow description i.e. high, medium, low Site description i.e. stream bed, earthen ditch, concrete ditch, subsurface stormwater drainage It shall be the Contractor s responsibility to report and take appropriate corrective actions to contain and remediate any release of contaminants from cured-in-place process materials, effluent or condensate into the environment according to applicable local, state or federal regulations and the Specifications. The cost for such remediation shall be at the Contractor s expense. Method D, Category B - Fold and form flexible liners shall be installed according to ASTM F1216, ASTM F2019, ASTM F1743, or ASTM D5813 (as applicable) or as recommended by the liner manufacturer. Method D, Category C - HDPE, PVC, or PP slip liner shall be installed according to AASHTO M326 or according to ASTM F1698 as applicable or as recommended by the liner manufacturer. Method D, Category D - Spray-On cementitious and polyurea liners shall be installed according to the liner material manufacturer s recommendations. For spray-on cementitious or polyurea liner systems, the following requirements shall apply: The Contractor shall perform all installations in the dry. The Contractor shall thoroughly rinse the lined pipe with clean water. The Contractor shall install a temporary curtain at the outlet and inlet to prevent overspray during installation; The Contractor shall reinstate water flow no sooner than 24 hours following installation. For cementitious spray-on liners, the Contractor shall prevent the escape of any rinse water from the lined pipe or otherwise capture it until he/she can either (1) pump it to a container for proper transportation and off-site disposal; or (2) continuously monitor the ph of the rinse water until the ph is less than 9 whereupon he/she may release it. For polyurea spray-on liners, the Contractor shall capture and properly dispose of the rinse water prior to reinstating flow; and employ the

100 services of a qualified independent environmental services laboratory or environmental consultant to collect the following samples: pre-rehabilitation water and soil samples within 3 feet of the pipe ends (or otherwise as close as possible) upstream and downstream of the pipe location; and soil and water samples within 3 feet of the pipe ends (or otherwise as close as possible) upstream and downstream of the pipe location within one week after the liner has cured. Samples shall be collected according to applicable ASTM standard procedures and analyzed for total methylene diphenyl diisocyanate (MDI), methylenedianiline (MDA), and total cyanide. Concentrations of methylene diphenyl diisocyanate (MDI) in water samples must not exceed 1,000 mg/l and concentrations of methylenedianiline (MDA) in water samples must not exceed 39 mg/l. Water characterization for chemical oxygen demand (COD) and total nitrogen (TN) concentrations shall also be conducted. The Contractor shall report the results of all sampling to the Engineer within 4 weeks after completion of the rehabilitation. The following information shall also be supplied in the sampling reports: Location of pipe: County, VDOT Residency Route number and distance to nearest intersection Name of stream if applicable or known Description of pipe: Length, diameter, type i.e. concrete, corrugated steel Conveyance conditions i.e. wet weather only, perennial, current conditions General flow description i.e. high, medium, low Site description i.e. stream bed, earthen ditch, concrete ditch, subsurface stormwater drainage It shall be the Contractor s responsibility to report and take appropriate corrective actions to remediate any water quality alteration resulting from the lining materials according to applicable local, state or federal regulations. The cost for such remediation shall be at the Contractor s expense. Method E Smooth wall steel pipe liner shall be rehabilitation by the insertion of a smooth wall steel pipe into a host pipe. Where required, pipe shall be joined by butt welds according to AWWA C-206. The Contractor shall pressure inject a non-shrink grout into the annular space between the existing host pipe and the steel liner. The annular space between the existing pipe and the smooth wall steel liner shall not exceed 3 inches at any given point, unless otherwise approved by the Engineer. Prior to grouting, the annular space shall be sealed at each end. Holes

101 required to facilitate injecting grout shall be plugged and sealed following grouting operations. In order to ensure stability during placement, the wall thickness of the liner shall not be less than ½. Post Installation Inspection The Contractor shall perform a post-installation inspection on all flexible liners installations according to Section (d) of the Specifications and Virginia Test Method (VTM) 123. The finished liner shall be continuous over its entire length and be free from visual defects such as foreign inclusions, dry spots, pinholes, and delamination. In the event a post inspection of the installation reveals a tight fit of the liner was not achieved in localized areas of the host pipe (comprising less than 20 percent of the pipe length) the annular space between the liner and the host pipe shall be filled with a resin mixture or a cementitious grout (at no cost to the Department) that is compatible with the liner system as specified by the manufacturer. Where a tight fit was not achieved on 25 percent or more of the pipe length the annular space shall be filled as designated herein, however, the Contractor will not be allowed to continue with his methodology of installation and/or the liner system used until he/she can demonstrated to the Engineer that he/she has remedied his/her operations so that it results in a snug tight fit between the installed liner and the host pipe. All such remedial efforts shall be at the Contractor s expense. Further failure(s) to perform a proper installation may result in the disallowance of the use that liner system and an adjustment in the cost or non-payment of the failed installations depending on the severity of the failure. In the event the post installation inspection is not conducted until all or most of the locations in the Contract permitting this methodology have been performed, and the inspection reveals a tight fit between host pipe and liner has not been achieved on 25 percent or more of the host pipe s length or the finished liner is not free from visual defects such as foreign inclusions, dry spots, pinholes, and delamination, then an adjustment in the cost or non-payment of the failed installations maybe made by the Engineer depending on the severity of the failure. The cost of post Installation Inspection will be considered incidental to the cost of the installation. IV. MEASUREMENT AND PAYMENT Pipe rehabilitation (Method) will be measured and paid for in units of linear feet of pipe for the Size, Method(s) and Category (if specified) as detailed in the Contract. Note: At locations shown in the Contract where multiple methods are permitted, the Contractor may select any of the methods specified, however, if only one method is specified, this will be the only method permitted at that location. This price shall include inspection, cleaning and preparation of the host pipe, furnishing and installing the liner, coupling and expansion devices, cement grout, design and shop drawing preparation, furnishing and installing liner and all components of the liner system, capturing any discharges or releases during installation or curing operations, obtaining any local, POWT, state or federal permits required to perform the work, furnishing any documentation or fees required for effluent or condensate disposal, all testing and sampling including furnishing reports and post installation video inspections for flexible liners, and waste disposal costs. Prices for pipe rehabilitation shall also include excavating when not designated as a separate pay item attributable to this specific work; sheeting; shoring; dewatering; disposing of surplus and unsuitable material; backfilling and backfill material; compaction, restoring existing surfaces; and clearing debris and obstructions. Payment will be made under: Pay Item Pay Unit

102 (Size) Pipe Rehabilitation (Method, Category-if specified) Linear Foot

103 cn AGGREGATE MATERIAL shall be the size specified conforming to Section 203 of the Specifications. The aggregate shall be placed at locations shown on the plans or as directed by the Engineer. Aggregate material will be measured in units of tons for the size specified according to Section 109 of the Specifications. Payment will be made at the contract unit price per ton, which bid price shall be full compensation for furnishing, placing, and shaping and compaction, if required. Payment will be made under: Pay Item Aggregate Material (Size) Pay Unit Ton c; Reissued (SPCN)

104 SP VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR ASPHALT SURFACE TREATMENT September 13, 2012; Reissued July 12, 2016 I. DESCRIPTION This work shall consist of the application of a single or multiple course of asphalt surface treatment according to the Specifications and as specified herein. II. DEFINITION OF TERMS Seal Treatment is defined as one application of asphalt material and one application of cover aggregate. Modified Single Seal is defined as two applications of asphalt material, one application of cover aggregate and one application of blot fine aggregate. Modified Double Seal is defined as three applications of asphalt material, two applications of cover aggregate and one application of blot fine aggregate. III. MATERIALS The Contractor shall demonstrate the compatibility of the asphalt emulsion and cover aggregate (excluding the blot seal) prior to construction of the surface treatment. This testing shall be conducted according to VTM-65 in the presence of the Engineer for each asphalt and aggregate combination. In addition, the Contractor shall conduct the compatibility test at least once a week on stockpiled materials and any additional test, as deemed necessary by the Engineer. Compatibility test results shall be submitted to the Engineer. All material combinations shall pass the compatibility test unless waived in writing by the Engineer. If during the life of this project excessive loss of cover aggregate occurs, the Engineer may suspend the work according to Section 108 of the Specifications until the cause of the loss of cover material is corrected. (a) Asphalt Materials shall conform to Section 210 of the Specifications except as specified herein. CRS-2 shall be a rapid setting cationic emulsified asphalt when tested according to ASHTO T59 Testing Emulsified Asphalt. CRS-2 shall meet the requirements of Type II coating ability. CRS-2h shall conform to CRS-2 except that the penetration shall be 40 to 100. RC-250 when permitted during the period of May 1 to October 1 shall meet the requirements of Type I coating ability. When permitted during the period of October 1 to May 1 Type II coating ability shall apply. CRS-2M (Polymer Modified Cationic Emulsified Asphalt) shall meet the physical requirements of asphalt material per AASHTO M316 for CRS-2L or CRS-2P except as

105 modified herein. The minimum elastic recovery for CRS-2L, as tested according to AASHTO T301, shall be 50 percent. The Contractor shall provide written certification of the test results. (b) Cover Material Coarse and Fine aggregate shall conform to Section 203 and 202 of the Specifications. Coarse aggregate shall be a minimum Grade B. Lightweight aggregate shall conform to Section 206 of the Specifications except as noted herein. For light weight aggregate when the material passing the No. 200 sieve by washing is dust of fracture, the percentage of deleterious material shall not exceed 1.7 percent. Crushed stone shall only be used on roads of Traffic Groups VI and above unless the surface treatment consists of modified single seal treatment or modified double seal treatment. Aggregates shall not be used within 24 hours of washing. Aggregate from more than one source shall not be furnished for a specified route or a group of sub-division routes unless permitted by the Engineer. The following modifies the aggregate material as defined in Section 203 of the Specifications: Designation N L G Modification Non-polishing material only Lightweight Washed gravel only Notes: Where 8N is specified, it shall meet the gradation requirements of No. 8P. Where 8L is specified it shall meet the following gradation: Sieve Size Percent Passing 1/ / No No. 8 max. 5 Where 8G is specified, it shall meet the gradation requirements of No. 8P. IV. PROCEDURES Weather limitations for asphalt surface treatment work shall be according to Section 314 of the Specifications. The Contractor shall have a certified Surface Treatment Technician present during the surface treatment operation. The Contractor shall use one steel wheel roller and one pneumatic-tire roller on modified single seal, modified double seal and seal treatments using CRS-2L asphalt material in a sequence approved by the Engineer. The Contractor is directed to the exceptions to these requirements found in IV.(c) of this special provision. These treatments shall be subjected to a minimum of one complete pass of each type of roller on either the cover aggregate or the blot seal coat. (a) Seal Treatment shall conform to Section 312 of the Specifications. When seal treatment is specified, the Contractor shall protect the cover aggregate from traffic until the asphalt material has sufficiently cured to carry traffic without damage to the treatment.

106 The rate of application shall be according to VTM-66. The rate of application for the cover aggregate and asphalt emulsion shown in the contract are approximate and the actual rate shall be determined by the Contractor and approved by the Engineer. After the roadway has been treated and cured, the Contractor shall lightly broom the surface to remove any excessive aggregate according to Section of the Specifications and as directed by the Engineer. Brooming shall be performed in such a manner as not to damage the embedded aggregate material. (b) Modified Single Seal and Modified Double Seal Treatments, when specified, shall be lightly broomed on the surface by the Contractor to remove any excessive aggregate according to Section of the Specifications and as directed by the Engineer. Brooming shall be performed in such manner as not to damage the embedded aggregate material. No traffic, including delivery trucks, shall be allowed on modified seal treatments until after the blot coat material has been placed and rolled. 1. Modified Single Seal Treatment a. Approximately 0.17 gallons per square yard of asphalt material, of the type specified, shall be applied to the existing surface immediately followed by an application of approximately 15 pounds per square yard of aggregate size No. 8P. The aggregate shall be spread uniformly (one aggregate deep) over the treated surface. The aggregate shall be rolled immediately at least once with a selfpropelled roller of an approved design. When a continuous uninterrupted modified single seal treatment train method is employed, rolling of the initial aggregate course may be omitted. b. Immediately after the seal coat has been rolled according to IV.(b)1.a., herein a blot seal coat consisting of approximately 0.15 gallons per square yard of asphalt material, of the type specified, shall be applied to the surface treated pavement followed by a uniform application of approximately 10 pounds per square yard of fine aggregate. The fine aggregate shall be Grading A, B or F natural or manufactured according to Section 202 or No. 9 aggregate according to Section 203 of the Specifications, except that the material shall have no more than 5 percent passing the No. 200 sieve by washed analysis. The Contractor is directed to the exceptions to these requirements found in IV.(c) of this special provision. An increase in the application rate for blotter material may be necessary when using natural sand and if the desired results are not achieved with this material, the Engineer may require the use of manufactured sand. Fine aggregate from more then one source shall not be used intermittently. The fine aggregate shall be applied by the use of a self-propelled aggregate spreader of approved design. The blot coat shall be rolled immediately at least once with a self-propelled roller of an approved design. At least 48 hours after the blot coat application, the roadway surface shall be lightly broomed as directed by the Engineer. 2. Modified Double Seal Treatment a. Two applications of asphalt material and cover aggregate shall be applied according to Section IV.(b)1.a. herein, except that at least one

107 complete pass shall be made with the roller after each aggregate application. b. A blot coat shall be applied according to IV.(b)1.b. herein. The application temperature for liquid asphalt material shall conform to Table III-1 of Section 310 of the Specifications, except that the minimum application temperature for CRS-2 and CRS-2L shall be 160 degrees F. (c) District-Specific Exceptions for Modified Single Seal and Modified Double Seal Treatments and Seal Treatment Bristol District The blot coat for use in modified single seal and modified double seal shall be No. 9 aggregate conforming to Section 203 of the Specifications and applied at a rate of 12 pounds per square yard in lieu of sand. Two pneumatic-tire rollers shall be used on modified single seal, modified double seal and seal treatments using CRS-2L asphalt material. Lynchburg, Salem, and Staunton Districts The blot coat for use in modified single seal and modified double seal shall be No. 9 aggregate conforming to Section 203 of the Specifications and applied at a rate of 12 pounds per square yard in lieu of sand. Hampton Roads District The blot coat for use in modified single seal and modified double seal shall be manufactured sand only conforming to Section 202 of the Specifications. Fredericksburg District (only Caroline, Spotsylvania, and Stafford Counties) The blot coat for use in modified single seal and modified double seal shall be manufactured stone sand conforming to Section 202 of the Specifications. (d) Prime Coat, when specified, shall be applied according to Section 311 of the Specifications. When cover material is specified, rolling shall be performed according to Section 312 of the Specifications. The prime coat shall be permitted to cure prior to the next application of asphalt. During the period between application of the prime coat and the seal coat, the primed surface shall be kept in repair. Holes, ravels, and areas deficient in primer shall be patched and repaired with asphalt-treated materials by penetration methods or other approved procedures. (e) Maintenance, Protection and Performance of the Work The Contractor shall be responsible for the maintenance and protection of the seal treatment on the roadway for a period of 48 hours after application. V. EQUIPMENT The Contractor shall exercise control of the delivery and application of the surface treatment materials to prevent damage to the roadway surface. The speed of the delivery equipment and pilot truck shall be limited to a maximum 15 miles per hour. The maintenance and protection shall include, but not be limited to, the placement of signs; the use of flaggers and pilot trucks; and placement of additional asphalt and aggregate material. In the event a failure occurs prior to acceptance, the Contractor shall repair or replace the failed treatment as directed by the Engineer, at no additional cost to the Department.

108 (a) Asphalt Distributors and Aggregate Spreaders 1. Distributors and spreaders shall be calibrated by the Contractor in the presence of the Engineer prior to placing surface treatment; to ensure an even and accurate spray, and aggregate distribution. 2. Asphalt distributors shall be equipped with proper spray nozzles including end nozzles for the application rate specified, to provide uniform coverage throughout the width of the application. (b) Rollers 1. One steel wheel roller and one pneumatic-tire roller shall be used on modified single seal, modified double seal and seal treatment using CRS-2L asphalt material. The Contractor is directed to the exceptions to these requirements found in IV.(c) of this special provision. The steel wheel roller weight shall be between 6 and 8 tons for the tandem type and between 8 and 10 tons for the three-wheel type. 2. Two pneumatic-tire rollers shall be used on the conventional type seal treatment. VI. MEASUREMENT AND PAYMENT Liquid asphalt material for seal treatment will be measured and paid for according to Section 312 of the Specifications. Aggregate for seal treatment will be measured and paid for in square yards on a plan quantity basis, which price bid shall include furnishing and applying aggregate, protection of the asphalt surface treatment and all incidentals necessary to complete the work. Authorized increases or decreases to the plan quantity will be adjusted according to Section 109 of the Specifications. Modified single seal and modified double seal treatments will be measured and paid for in square yard on a plan quantity basis, which price bid shall include all cost for furnishing and applying liquid asphalt material and cover aggregate, protection of the asphalt surface treatment and all incidentals necessary to complete the work. Authorized increases and decreases to the plan quantities will be adjusted according to Section 109 of the Specifications. Brooming shall be included in the price bid for other appropriate items. Payment will be made under: Pay Item Aggregate (type) Modified Single Seal Modified Double Seal Pay Unit Square Yard Square Yard Square Yard

109 SP VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR BLOTTED SEAL COATS August 22, 2008c; Reissued July 12, 2016 I. DESCRIPTION This work shall consist of application of asphalt surface treatment according to this provision and in conformity with the line and grades indicated in the Contract or designated by the Engineer. Type B Blotted Seal is defined as two applications of liquid asphalt material, one application of cover aggregate and one application of blot fine aggregate. Type C Blotted Seal is defined as three applications of asphalt material, two applications of cover aggregate and one application of blot fine aggregate. Type D Blotted Seal is defined as four applications of asphalt material, three applications of cover aggregate and one application of blot fine aggregate. II. MATERIALS Liquid asphalt materials shall conform to Section 210 of the Specifications. Cover aggregate shall conform to Section 203 of the Specifications. Fine aggregate for blotting shall conform to Section 202 minimum Grading B of the Specifications except that material shall have no more than 5 percent passing the 200 sieve by washing. III. APPLICATION Application rates for asphalt and aggregate material shall be as indicated in the Contract. These rates of application are approximate only and such rates may be altered at the direction of the Engineer. During application, liquid asphalt material shall be maintained between 160 to 175 degrees F. Cover material shall be applied to a complete coverage of only one aggregate depth over the treated surface. IV. PROCEDURES Procedures shall be according to the Asphalt Surface Treatment special provision and the following provisions: Each coat of liquid asphalt material shall be applied to existing surface and immediately followed by an application of aggregate. Aggregate shall be rolled one pass immediately with a self-propelled steel wheel roller. The roller weight shall be between 6 and 8 tons for tandem type and between 8 and 10 tons for the three wheel type. Blot coat shall be applied with a self-propelled aggregate spreader of approved design and shall be rolled one pass immediately with a self-propelled roller. V. MEASUREMENT AND PAYMENT

110 Blotted seal coat will be measured and paid for in square yards for type specified complete-inplace, which price shall be full compensation for furnishing and applying liquid asphalt material, cover material and blot fine aggregate, protection of treatment, rolling, brooming and for all labor, tools, equipment and incidentals necessary to complete the work. Payment will be made under: Pay Item Blotted Seal Coat (Type) Pay Unit Square Yard

111 VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR HOT MIX ASPHALT PATCHES I. DESCRIPTION December 28, 2006; Reissued July 12, 2016_ This work shall consist of repairing specified sections of existing flexible or existing composite pavements by removing all or part of the defective materials in the sections and replacing them with hot mix asphalt (HMA) paving material. The locations of the repairs will be specified in the Contract document and specific locations as directed by the Engineer. II. SCOPE OF WORK Patching repair shall consist of the removal of areas of unsound pavement material as determined by the Engineer and replaced with hot mix asphalt (HMA). III. MATERIALS All hot mix asphalt (HMA) shall conform to Section 211 of the Specifications. IV. PROCEDURES Asphalt patches shall be placed according to Section 315 of the Specifications. The existing pavement shall be removed with a minimum disturbance to the aggregate base material and the faces of the remaining pavement shall be cut to a smooth, vertical face without ragged edges. The existing pavement shall be removed by milling, grinding, saw cutting or any other approved method to the specified depth for the full perimeter of the designated area. A tack coat of CRS-2 (or other asphalt material approved by the Engineer) at a rate of 0.2 gallon per square yard shall be applied to surface and vertical faces of exposed asphalt concrete. Exposed base aggregate shall be primed with liquid asphalt CRS-2 at an application rate of 0.4 gallon per square yard. Where concrete is encountered prior to reaching the specified depth, the depth of the patch shall then be limited to the top elevation of the concrete. Prior to application of the patch, the bottom of the excavation of all patches shall be cleaned of all loose and foreign materials and stabilized by hand or mechanical tamping. Manual placement will be permitted for installation of the HMA. Control strip and pavement profile measurements will be waived. Variation between surfaces at the run on and run off joints shall not be more than 1/4 inch when tested with a 10-foot straight edge. The existing pavement materials that are removed shall be hauled away from the repair site immediately, and disposed of properly by the Contractor according to Section of the Specifications. Minimum and maximum lift thickness for patching with HMA Superpave mixes shall be maintained during construction of the patches in conformance with the following: HMA SUPERPAVE LIFT THICKNESS (PATCHING) MIX TYPE MINIMUM (in.) MAXIMUM (in.) RECOMMENDED (in.) SM

112 SM SM IM BM V. MEASUREMENT AND PAYMENT Asphalt concrete patching will be measured and paid for at the contract unit price per square yard of pavement surface for the mix and depth specified. The payment shall be full compensation for furnishing materials and installing pavement patches complete in place. The work shall include, but not be limited to supplying materials, saw cutting, milling, grinding, removing and disposing of existing material, the cost to haul and place asphalt concrete, and all labor, equipment, tools, supervision, fuel and incidentals necessary to complete the work. Liquid Asphalt tack or prime will not be measured for separate payment and the cost thereof to furnish and apply the liquid asphalt shall be included in the bid price for patching. Payment will be made under: Pay Item Asphalt Concrete Patch (Depth) Pay Unit Square Yard

113 SECTION PROCEDURES is amended to replace the sixteenth paragraph with the following: The Contractor shall submit two copies of the manufacturers recommended installation instructions and the FHWA NCHRP 350 or MASH approval letter to the Engineer at least 2 weeks prior to the start of installing guardrail end terminals for the type of new or salvaged guardrail end treatments being installed on the project. All end terminals shall be from manufacturers on the Materials Division s Approved Products List No. 12 and the VDOT NCHRP 350 or MASH approved list linked in List No. 12. New Type I Re-Directive Impact Attenuators and Guardrail Terminals (GR-7 & GR-9) shall be permanently identified in a location readily visible for inspection that is not susceptible to damage by stamping or engraving. The identification shall include Manufacturer, Date and Site of Manufacture, and Model Number ; Reissued _(SPCN)_

114 SQ VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR REPLACEMENT OF GUARDRAIL, MEDIAN BARRIER, IMPACT ATTENUATOR, AND GUARDRAIL TO BRIDGE ATTACHMENTS March 18, 2016; Reissued July 12, 2016_ I. DESCRIPTION This work shall consist of repairing or replacing damaged guardrail, median barrier, impact attenuators and bridge/guardrail attachments, in accordance with this provision, the plans and as directed by the Engineer. II. MATERIALS Guardrail and guardrail components shall conform to Section 505 of the Specifications. Impact attenuator repair shall use replacement parts from the original manufacturing company. Sign Panels shall conform to Section 701 of the Specifications. Guardrail Delineators shall conform to Section 702 of the Specifications. III. PROCEDURES The Contractor shall inspect the locations and prepare a list of materials and quantity needed for repair for the Engineers review prior to commencing work. The Engineer will notify the Contractor to repair the guardrail by components or to remove and replace sections of damaged guardrail. The Engineer will preapprove all locations requiring the drilling of holes in bridge railings or fixed objects. The Contractor shall repair any spalling due to the drilling operations in concrete fixed objects or concrete bridge railings and existing holes in concrete shall be patched with materials conforming to Section 218 of the Specifications. The Contractor shall perform work in accordance with Section 505 of the Specifications, the Road and Bridge Standards and the standard drawings for "Recommended Method for Attaching Guardrail to Bridge Rails" (BR-GR). The Contractor may need to modify the method of attachment due to field conditions with the approval of the Engineer. The Contractor shall reconstruct impact attenuators in accordance with the manufacturers recommendations. Pay items with the designation "Install" are materials furnished by the Department for the Contractors use in repair of guardrail installations in accordance with Sections 505 and 510 of the Specifications and as directed by the Engineer. The Engineer will indicate per site the quantity and materials to be installed and the location of the materials for the Contractors use. The Contractor shall make arrangements with the Area Headquarters 48 hours prior to picking up the materials for installation. All sites designated for use of "Install" materials will be within 25 miles of an Area Headquarters. Damaged and salvaged guardrail materials shall become the property of the Contractor and shall be disposed of in accordance with Section 106 of the Specifications, unless otherwise specified.

115 All unused or abandoned guardrail post holes shall be backfilled to existing ground level with approved material placed in layers not more than 4 inches in height. Each layer shall be compacted by tamping. All unused or abandoned post holes in paved shoulder shall be backfilled, compacted and sealed with a fine asphalt plant mix no larger than SM-9.5A. No measurement or payment will be made for this work all cost shall be included in other items of work. Cracks in the shoulder as a result of driving or removing guardrail posts shall be repaired at no additional cost to the Department. In soil or aggregate stabilized shoulders, cracks and voids around the posts shall be filled with like material and thoroughly compacted. In asphalt paved or surfaced treated shoulders, cracks and voids around post shall be filled, compacted, and sealed with fine asphalt plant mix no larger than SM-9.5A. No measurement or payment will be made for this work all cost shall be included in other items of work. The Contractor shall ensure all existing guardrail and end treatments left in place are correct and all bolts, are torqued properly and cables are taut. GR-9 end treatments with 4 channel shall not be repaired, but shall be replaced with new terminals that conform to Section of the Specifications. All guardrail to be removed shall start at the run off end and proceed to the run on end terminal, unless otherwise approved by the Engineer. Guardrail installation shall start at the run on end terminal and proceed to the run off end, unless otherwise approved by the Engineer. All guardrail that is removed during the course of the work day shall be replaced the same work day, unless otherwise approved by the Engineer. No fixed objects, which includes but not limited to bridge parapet walls, piers, blunt ends, sign structures, shall not be left unprotected. The Contractor shall use an approved NCHRP 350 approved, temporary guardrail terminal or impact attenuator service before the end of each workday to protect traffic from the fixed object. No measurement or payment will be made for temporary guardrail terminal or impact attenuator service, all cost shall be included in other items of work. The Contractor shall plan and prosecute the work accordingly. No uncompleted sections of guardrail shall be left over weekends or holidays, unless otherwise approved by the Engineer. The Contractor shall plan and prosecute the work accordingly. All aggregate and other material placed at the guardrail terminal end section shall be included in the pay item "guardrail terminal site preparation". Build-up or debris under existing guardrail in areas where guardrail is to be replaced shall be removed to the original shoulder cross slope, in accordance with the contract Special Provisions. Reset existing guardrail shall require the removal and disassembly of the existing w-beam and blockouts to redrill the post for the reassembly of the blockouts and w-beam to the required height specified. In the event the existing post or blockouts are determined non-compliance with the standard drawings or specifications new post or blockouts will be required and will be measured and paid for separately.

116 IV. MEASUREMENT AND PAYMENT Guardrail, Reuse Guardrail, Radial Guardrail, Median Barrier, Radial Median Barrier, Cable Barrier, Guardrail Terminal, Median Barrier Terminal and Fixed Object Attachment will be measured and paid for in accordance with Section 505 of the Specifications. Remove Guardrail, Reset Guardrail and Install Guardrail will be measured and paid for in accordance with Section 510 of the Specifications. Sign Panel and Guardrail Delineator will be measured and paid for respectively in accordance with Sections 701 and 702 of the Specifications. Drill Hole will be measured in units of each and will be paid for at the contract unit price per each, which unit price shall include drilling of hole, repairing spalled areas, and patching abandoned holes. Re-Tension Existing Cable GR. will be measured in units of each per cable system and will be paid for at the contract unit bid price per each for the standard specified, which shall include re-tensioning the existing cable. The items below will include removal and disposal of existing guardrail components in the unit price bid. Guardrail Post, Guardrail Blockout and Offset Block will be measured in units of each for the type and standard specified and will be paid for at the contract unit price per each which price shall include furnishing and installing post, blockout and offset block and hardware. W Beam Terminal Connector, W Beam End Section and Terminal Connector will be measured in units of each for the standard or type specified and will be paid for at the contract unit price per each, which shall include furnishing and placement, and mounting hardware. Rubrail will be measured in units of linear feet for the type specified and will be paid for at the contract unit price per linear foot, which shall include furnishing and placement of type rubrail specified, and mounting hardware. Guardrail Beam and Radial Guardrail Beam will be measured in units of linear feet for the type and standard specified and will be paid for in units of linear foot, which unit price shall include furnishing the type and standard beam specified, and mounting hardware. Plate will be measured in units of each for the type and standard specified and which unit paid shall include furnishing and placing the specified plate and mounting hardware. Cable will be will be measured in units of linear feet for the type and standard specified and will be paid for in units of linear foot, which unit price bid shall include furnishing the type and standard cable specified, and mounting hardware. Realign Post will be measured in units of each and will be paid for at the contract bid price per each, which unit price bid shall include disconnecting and reconnecting rail and realigning the post. BR-GR Attachment will be measured in units of each, for the type specified per attachment location and will be paid for at the contract unit bid price per each attachment, which shall include furnishing and installing guardrail, blockouts, connector, and hardware. Steel Tube will be measured in units of each for the type and standard specified and will be paid for at the contract bid price per each, which shall include furnishing and placing of the steel tube, and excavation.

117 Assembly will be measured in units of each for the type and standard specified and will be paid for at the contract unit bid price per each, which shall include furnishing and placing the specified assembly. Cable Assembly & Anchor Plate will be measured in units of each for the type and standard specified and will be paid for at the contract unit bid price, which shall include furnishing and installing the cable assembly and anchor plate for the type and standard specified, and hardware. End Post Caps will be measured in units of each for the standard specified and paid for at the contract unit bid price per each, which shall include furnishing and installing end post caps, and hardware. Hook Bolt will be measured in units of each for the standard specified and will be paid for at the contract unit bid price per each, which unit price bid shall include furnishing and installing hook bolts. Angle will be measured in units of each for the type and standard specified and will be paid for at the contract unit bid price per each, which shall include furnishing and installing the specified angle, and hardware. Soil Plate will be measured in units of each for the standard specified and will be paid for at the contract unit price per each for the standard specified, which shall include furnishing and installing the specified plate, and hardware. Pipe Sleeve will be measured in units of each for the standard specified and will be paid for at the contract unit price per each for the standard specified, which shall include furnishing and installing the specified pipe sleeve, hardware and removal and disposal of existing pipe sleeve. Cable Anchor Bracket will be measured in units of each for the standard specified and will be paid for at the contract unit price per each for the standard specified, which shall include furnishing and installing the specified cable anchor bracket, and hardware. Strut will be measured in units of each for the standard specified and will be paid for at the contract unit price per each for the standard specified, which shall include furnishing and installing the specified strut, and hardware. Guardrail Extruder will be measured in units of each for the standard specified and will be paid for at the contract unit price per each for the standard specified, which shall include furnishing and installing the specified guardrail extruder, and hardware. Impact Attenuator Cartridge will be measured in units of each for the original manufacturers replacement cartridge and will be paid for at the contract unit price per each for the original manufacturers replacement part and hardware, which shall include furnishing and installing in accordance with the manufacturers recommendations. Nose Section will be measured in units of each for the original manufacturers replacement nose section and will be paid for at the contract unit price per each for the original manufacturers replacement part and hardware, which shall include furnishing and installing in accordance with the manufacturers recommendations. Diaphragm will be measured in units of each for the original manufacturers replacement diaphragm and will be paid for at the contract unit price per each for the original manufacturers replacement part and hardware, which shall include furnishing and installing in accordance with the manufacturers recommendations. Frame will be measured in units of each for the original manufacturers replacement frame and will be paid for at the contract unit price per each for the original manufacturers replacement part and

118 hardware, which shall include furnishing and installing in accordance with the manufacturers recommendations. Side Panel will be measured in units of each for the original manufacturers replacement side panel and will be paid for at the contract unit price per each for the original manufacturers replacement part and hardware, which shall include furnishing and installing in accordance with the manufacturers recommendations. Sand Barrel will be measured in units of each for the original manufacturers replacement sand barrel and will be paid for at the contract unit price per each for the original manufacturers replacement parts and hardware, which shall include furnishing and installing in accordance with the manufacturers recommendations. Reset Existing Guardrail will be measured in units of linear feet and will be paid for at the contract unit price per linear foot. This price shall include removal of guardrail w-beam and blockouts, drilling new hole(s) in the existing post, reinstalling the w-beam and blockouts, with new hardware. Remove and Relocate Existing Guardrail (Standard) will be measured in units of linear feet for the standard and type specified and will be paid for at the contract unit price per linear foot for the standard and type specified. This price shall include disassembly and removal of guardrail w-beam, post, blockouts, hardware, backfilling existing postholes, repairing damage to shoulders, curbing, curb backup material or concrete, transporting and storing; repairing and installing salvaged beam; and installing guardrail post, blockouts, w-beam, delineators, concrete, and new hardware. Reuse Existing Guardrail W-Beam (Standard) will be measured and paid for at the contract unit price per linear foot. The price bid shall include salvaging and installing existing W-beam, transporting w-beam to the site, furnishing and installing new post, blockouts, delineators, new hardware. Payment will be made under: Pay Item (Type) Post (Standard) Guardrail Blockout Guardrail Beam Radial Guardrail Beam Cable (Standard) Offset Block (Type) Terminal Connector (Type or Standard) W Beam End Section (Type) Rubrail (Type) BR-GR Attachment (Type) Drill Hole (Type) Plate (Standard) Realign Post Steel Tube (Standard) (Type) Assembly (Standard) Cable Assembly & Anchor Plate (Standard) End Post Caps (Standard) Hook Bolt (Standard) (Type) Angle (Standard) Re-Tension Existing Cable GR. (Standard) Soil Plates (Standard) Pipe Sleeve (Standard) Pay Unit Each Each Linear Foot Linear Foot Linear Foot Each Each Each Linear Foot Each Each Each Each Each Each Each Each Each Each Each Each Each

119 Cable Anchor Bracket (Standard) (Type) Strut (Standard) Guardrail Extruder (Standard) Impact Attenuator Cartridge Nose Section Diaphragm Side Panel Frame Sand Barrel Reset Existing Guardrail Remove And Relocated Existing Guardrail (Standard) Reuse Existing Guardrail W-Beam (Standard) Each Each Each Each Each Each Each Each Each Linear Foot Linear Foot Linear Foot

120 SP VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR SECTION 512 MAINTAINING TRAFFIC NON-SCHEDULES (LUMP SUM) SECTION 512 of the Specifications is amended as follows: Section Procedures is amended to include the following: July 12, 2016 The Contractor shall submit a plan, sequenced with his plan of operations, to the Engineer for maintenance of traffic for his review prior to commencement of work. The plan shall be designed and implemented according to the Virginia Work Area Protection Manual, the MUTCD and the Department generated project-specific temporary traffic control plan or requirements provided in the Contract. When the Department provides a sequence of construction in the Contract, the plans or estimated quantities for maintenance of traffic items are for estimating purposes only. Section Measurement and Payment is replaced with the following: Maintenance of traffic including flagger service, pilot vehicles, electronic arrows, warning lights, channelizing devices, traffic barrier service, traffic barrier service guardrail terminals, impact attenuator service, construction pavement markings, construction pavement message markings, temporary pavement markers, eradication of existing pavement markings, temporary detours, aggregate material, Type III barricades, construction signs, and truck mounted attenuators will be paid for on a lump sum basis as follows: (a) Per structure wherein, the lump sum price bid shall be for providing maintenance of traffic for a single structure identified in the Contract by its structure number. No measurement will be made. (b) Per route and location(s) wherein, the lump sum price bid shall be for providing maintenance of traffic for work at a specified location on a single specified route or, specified locations grouped together on a single specified route as one lump sum item. No measurement will be made as detailed in the Contract. The Contractor s price bid shall include, but not be limited to; providing a person to meet the basic work zone traffic control and intermediate work zone traffic control requirements of Section of the Specifications; furnishing, placing, maintaining, replacing, relocating, adjusting, aligning, removing, flagger service, pilot vehicles, warning lights, electronic arrow, channelizing devices, traffic barrier service, traffic barrier service guardrail terminals, impact attenuator service, construction pavement markings, construction pavement message markings, temporary pavement markers, eradication of existing pavement markings, temporary detours, aggregate material, Type III barricades, construction signs, truck mounted attenuators, and all labor, material and equipment incidental to completing this work according to the Virginia Work Area Protection Manual and traffic engineering guidelines and principles. Site specific adjustments to maintenance of traffic operations specified by the Virginia Work Area Protection Manual and the MUTCD such as quantity, location, or spacing of traffic control devices within construction limits or on any approaches to the project, required by the Engineer to improve traffic operation or safety shall be considered an alteration in the work according to the provisions of Section of the Specifications. The Contractor will be paid 30 percent of the lump sum bid price upon satisfactory installation of the required maintenance of traffic items to commence construction operations and active prosecution of the work. Contingent upon active pursuit of the work, the Contractor will receive

121 monthly payments for maintenance of traffic based on the daily dollar amount of the bid price for maintenance of traffic until 90 percent of the unit bid price is paid. The remaining 10 percent will be paid for after all maintenance of traffic items are removed at final acceptance of the Contract. Additional traffic control layout detail items that are determined and authorized by the Engineer to be necessary to ensure the safety of the traveling public and are in addition to the number required by the traffic control layout details in the VWAPM, the drawings in herein, and the Contract, will be measured and paid for as follows, therefore, the provisions of Section will not apply: Flagger service shall include furnishing certified flagger, paddles and safety equipment. Where additional flagger service is required, as determined and authorized by the Engineer, flagger service will be measured in hours and paid for at the rate of $15 per hour of use. When flagger service is used for the Contractor s convenience, such as for ingress and egress of construction equipment or materials, payment will not be made. Note: The required flaggers described in the two flagging conditions in Section (h) of the Specifications will not be measured as a separate pay item but will be considered incidental to the traffic control operations described. Pilot vehicles shall include furnishing vehicles, necessary warning devices, drivers, fuel and maintenance. Where additional pilot vehicles are required as determined and authorized by the Engineer, such vehicles will be measured in hours of actual use and will be paid for at the rate of $23 per hour of employed use. Electronic arrows shall include furnishing arrow panels, fuel, maintenance, and a truck or trailer having flashing amber warning lights for mobility of the electronic arrow. Where additional electronic arrows are required as determined and authorized by the Engineer, electronic arrows will be measured in hours of actual use and will be paid for at the rate of $5 per hour for each hour of employed use. Warning lights for use on sign panels or installed on traffic barrier service will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include maintaining, relocating, and removing. Group 1 channelizing devices will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. Group 2 channelizing devices, not designated in the Contract as a separate pay item but where additional Group 2 channelizing devices are required as determined and authorized by the Engineer, these will be measured in days and paid for at the rate of $1 per day per device. This price shall include furnishing and maintaining devices, removing devices when no longer required and signs. When group 2 channelizing devices are moved to a new location or are removed and re-installed at the same location, they will be measured for separate payment. However, when group 2 channelizing devices are moved within the lane or from one lane to another by simply moving the devices across the lane edge line without removal from the roadway, no additional payment will be made. Traffic barrier service will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include warning lights, delineators, barrier vertical panels, fixed object attachments, patching restraint holes, fixed object attachments used on traffic barrier service in locations where existing guardrail is in place including restoring existing guardrail to its original condition, maintaining, and removing traffic barrier service when no longer required.

122 Traffic barrier service guardrail terminal will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include furnishing, installing, moving to a new location as directed or approved by the Engineer, and removing when no longer needed. Impact attenuator service will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include Impact attenuators used with barrier openings for equipment access. Construction pavement markings will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include furnishing marking materials, preparing the surface, adhesive, installation, maintaining, removing removable markings when no longer required, inspections, and testing. Construction pavement message markings will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include marking materials, preparing the surface, adhesive, maintaining, and removing removable markings when no longer required. Temporary pavement markers will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include furnishing and installing pavement markers, surface preparation, adhesive, and maintaining and replacement of lost or damaged markers and removing the pavement markers and adhesive when no longer required. Aggregate material will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include preparing the grade and furnishing, placing, maintaining, and removing material as required. Type III barricades will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include furnishing and placing barricades, retroreflective sheeting, maintaining, relocating to new locations and removing when no longer required. Construction signs except those already required by the Contract (which includes those signs required by the VWAPM, the drawings herein, and such signs as Loose Gravel, Unmarked Pavement, and Low Shoulder that may be required by the Engineer to ensure the safety of the traveling public due to the nature of the Contractor s operations) when determined and authorized by the Engineer, will be measured in square feet and paid for at $20 per square foot. This payment, based on square footage, shall be compensation for furnishing, placing, relocating, covering, uncovering, and removing the sign(s) when no longer needed for the duration of the project; multiple payments for the same sign used more than once will not be allowed. Such extra signs will consist of either a greater number of the standard signs already listed in the applicable traffic control layout details in the VWAPM, the drawings herein, and the Contract, or other signs included in the VWAPM but not originally considered applicable for use on this Contract. Truck mounted attenuators, not designated in the Contract as a separate pay item but where additional Truck Mounted Attenuators are required as determined and authorized by the Engineer, these will be measured in hours of actual use required, and will be paid for at the rate of $22 per employed hour. This price shall include furnishing the truck mounted attenuator, mounting vehicle, lights, electronic arrows, if allowed but not required, and maintenance. When electronic arrows are used at the option of the Contractor in lieu of the rotating or high intensity amber strobe light, the cost of the

123 electronic arrow shall be included in the price for truck mounted attenuators. When electronic arrows are required and authorized as determined by the Engineer and not incidentally mounted (and permitted) on such truck mounted attenuator support vehicles, they will be paid for separately as specified herein. Portable traffic control signal will not be measured for separate payment. The cost thereof shall be included in the price for other appropriate pay items. This shall include portable traffic control signal equipment, installation, energy source, maintaining, adjusting, aligning, removing and relocating equipment. Portable Changeable Message Signs (PCMS), not designated in the Contract as a separate pay item but where additional Portable Changeable Message Signs are required as determined and authorized by the Engineer, these will be measured in hours of actual use and paid for at the rate of $15 per hour for each hour of employed use. This price shall be full compensation for furnishing or mobilizing the unit(s) to the project, maintenance, operation, and repositioning the unit(s). Payment will be made under: Pay Item Maintenance of traffic (Structure No.) Maintenance of traffic (Route and Location[s]) Pay Unit Lump sum Lump sum

124 TIER 1 PROJECT NO PLAN CONSTRUCTION PROJECT ISLE OF WIGHT COUNTY DEPARTMENT OF GENERAL SERVICES TITLE SHEET 1 OF 2 CONSTRUCTION: X MAINTENANCE: DISTRICT: Hampton Roads CITY/COUNTY: Isle of Wight UPC NO.: FUNCTIONAL CLASS Rural Local FHWA 534 DATA TYPE CODE F000 ROUTE: 673 PROJ , P101, N501 FEDERAL NO.: N/A FROM: SR 674 (Blounts Corner Road) TO: SR 705 (Fort Boykin Trail) LENGTH (FEET): 5,544 MILES 1.05 TOPO: Flat DESIGN SPEED (MPH): 30 MPH VPD (YEAR) 180 (2014) PROJECT MGR: Jamie Oliver R/W DONATION: No Utilities No and/or Railroads No are involved in the construction of this project. This project is to be constructed in accordance with the Department's 2016 Road and Bridge Specifications, 2016 Road and Bridge Standards, 2009 MUTCD, 2011 Work Area Protection Manual and as amended by contract provisions and the complete plan assembly. Design features relating to construction or to regulation and control of traffic may be subject to change as deemed necessary by the department. 1

125 TIER 1 PROJECT NO PLAN CONSTRUCTION PROJECT ISLE OF WIGHT COUNTY DEPARTMENT OF GENERAL SERVICES TITLE SHEET 2 OF 2 SEALING AND SIGNING SHEET 2

126 PROJECT LOCATION MAP PROJECT SITE JAMES RIVER ROUTE 10 OLD STAGE HWY ROUTE 10 BUS. DAYS POINT RD BLOUNTS CORNER RD. ROUTE 674 PAGAN RIVER MORGARTS BEACH ROAD (EAST) ROUTE 673 RURAL RUSTIC ROAD PROJECT PREPARED FOR ISLE OF WIGHT COUNTY

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144 MOGARTS BEACH ROAD (EAST) RURAL RUSTIC ROAD PROJECT PREPARED FOR ISLE OF WIGHT COUNTY

145 June 21, 2016 TO: Attn: RE: Kimley-Horn and Associates, Inc Main Street, Suite 500 Virginia Beach, Virginia Mr. Andrew P. Farthing, P.E. Report of Subsurface Investigation & Geotechnical Engineering Services Rural Rustic Roads Project - Mogarts Beach Road Isle of Wight County, Virginia G E T Project No.: VB16-203G Dear Mr. Farthing: In compliance with your instructions, we have completed our Subsurface Exploration and Geotechnical Engineering Services for the referenced project. The results of this study are presented in this report. Often, because of design and construction details that occur on a project, questions arise concerning subsurface conditions. G E T Solutions, Inc. would be pleased to continue its role as Geotechnical Engineer during the project implementation. Project Authorization G E T Solutions, Inc. has completed our subsurface exploration and laboratory testing services for the proposed Mogarts Beach Road (SR 673) portion of the Rural Rustic Roads projects located in Isle of Wight Coutny, Virginia. The subsurface exploration services were conducted in general accordance with the scope presented in G E T Proposal No. PVB16-301G. Authorization to proceed with our services was obtained in the form of an electronic mail dated May 23, 2016 from Mr. Andrew P. Farthing, P.E. with Kimley-Horn and Associates, Inc. Project Location and Site Description The project site is located along the existing roadway alignment of Mogarts Beach Road (State Route 673) in Isle of Wight County, Virginia. Specifically, the area of study for Mogarts Beach Road was from its intersection with Blounts Corner Road (SR 674) following northeast to its intersection with Fort Boykin Trail (SR 705). This portion of Mogarts Beach Road is approximately 1.05 miles in length and is currently a gravelcovered roadway. Site vicinity maps of the project site are provided in Figure 1 and 2 depicting the west and east portions of the site, respectively. 204 Grayson Road Virginia Beach, VA Phone: (757) Fax: (757) info@getsolutionsinc.com

146 Report of Geotechnical Engineering and Laboratory Testing Services June 21, 2016 Rural Rustic Roads Project - Mogarts Beach Road Isle of Wight County, Virginia G E T Project No: VB16-203G Figure 1: Site Vicinity Map (West) Figure 2: Site Vicinity Map (East) 2

147 Report of Geotechnical Engineering and Laboratory Testing Services June 21, 2016 Rural Rustic Roads Project - Mogarts Beach Road Isle of Wight County, Virginia G E T Project No: VB16-203G Project Construction Description The construction along this Mogarts Beach Road alignment is proposed to consist of installing aggregate base material to provide a total of 6 to 8 inches of aggregate as part of the Virginia Department of Transportation s (VDOT s) Rural Rustic Road Program. It is desired to incorporate some or all of the existing aggregate base material into the final design, ideally decreasing the required imported aggregate base. Purpose and Scope of Services The purpose of this study was to determine the thickness and composition of the existing aggregate base materials and the subgrade soil conditions within the previously mentioned roadway alignment limits of Mogarts Beach Road. Field Exploration and Shallow Subsurface Soil Conditions In order to explore the aggregate base materials and general subgrade soil types, twelve (12) hand auger borings were advanced within the existing roadway alignment at approximate 500-foot intervals. The locations and results of the borings are detailed in Table I. Additionally, bulk aggregate base material samples (designated as HA-1 through HA-12) were collected from the existing roadway alignment. The bulk aggregate base material samples were returned to our laboratory and subjected to sieve testing and gradation analysis in accordance with ASTM standards. 3

148 Report of Geotechnical Engineering and Laboratory Testing Services June 21, 2016 Rural Rustic Roads Project - Mogarts Beach Road Isle of Wight County, Virginia G E T Project No: VB16-203G Table I Mogarts Beach Road Boring Locations and Results Investigation Start: Blounts Corner Road (SR 673) Investigation End: Fort Boykin Trail (SR 705) Boring ID Length from Start (ft.) Aggregate Base Material Thickness (in.) Subgrade Soil Classification (1) HA HA Brown, moist, Lean CLAY (CL) with little fine Sand and trace fine Gravel Orange-mottled brown, moist, Lean CLAY (CL) with little fine Sand HA Brown, moist, Sandy Lean CLAY (CL) (2) Brown, moist, Silty fine to medium SAND (SM) HA with trace fine Gravel HA HA HA HA Brown, moist, Clayey fine to medium SAND (SC) Brown, moist, Lean CLAY (CL) with little fine Sand Tan, moist, Silty fine to medium SAND (SM), Possible Fill Red-brown, moist, Lean CLAY (CL) with few fine Sand (3) Brown and tan, moist, Clayey fine to medium HA SAND (SC) with lean Clay lenses Orange-mottled brown and gray, moist, Lean HA CLAY (CL) underlain by Tan, moist, Poorly graded fine to medium SAND (SP-SM) HA Brown, moist, Silty fine to medium SAND (SM) with trace fine Gravel HA Average 4.8 Tan, moist, Silty fine to medium SAND (SM) with trace fine Gravel, Possible Fill Note(s): (1) Limited to 1 foot below the aggregate base material. (2) HA-4 was located near a culvert; therefore, its aggregate base thickness was omitted from the average. (3) HA-9 was located on a bridge ; therefore, its aggregate base thickness was omitted from the average. The boring location frequency was established by the client and located in the field by a representative of G E T Solutions, Inc. using a Global Positioning System (GPS) device and corroborating with easily identifiable landmarks. The approximate boring locations are shown on the attached Boring Location Plan (Appendix I), which was reproduced based on a Google Earth satellite image. The subgrade soil classification shown in the above tables represent the conditions only at the actual boring locations. Variations may occur and should be expected between boring locations.

149 Report of Geotechnical Engineering and Laboratory Testing Services June 21, 2016 Rural Rustic Roads Project - Mogarts Beach Road Isle of Wight County, Virginia G E T Project No: VB16-203G Laboratory Testing Representative portions of all soil samples collected during drilling were sealed in glass jars, labeled and transferred to our laboratory for classification and analysis. The soil classification was performed by a Geotechnical Engineer in accordance with ASTM D A summary of the soil classification system is provided in Appendix II. The twelve (12) aggregate base bulk samples were subjected to sieve testing and gradation analysis in general accordance with ASTM standards. A summary of the sieve test results and gradation analyses are presented in Appendix III. Report Limitations The data submitted are based on the available soil information obtained by G E T Solutions, Inc. and the information supplied by the client and their consultants for the proposed project. We appreciate the opportunity to work with you on this project. We trust that the information contained herein meets your immediate need, and should you have any questions or if we could be of further assistance, please do not hesitate to contact us. Respectfully Submitted, G E T Solutions, Inc. Matthew R. English, E.I.T. Project Engineer D. Mark Scholefield, P.E. Principal Engineer Virginia Lic No.: Copies: (1) Client 5

150 APPENDICES I II III BORING LOCATION PLAN SUMMARY OF SOIL CLASSIFICATION LABORATORY SIEVE/GRADATION RESULTS

151 APPENDIX I BORING LOCATION PLAN

152 Boring Location Plan PROJECT: Rural Rustic Roads Project Mogarts Beach Road DATE: 06/13/2016 PLOT BY: M. English, E.I.T. LOCATION: Isle of Wight County, Virginia PROJECT NO: VB16-203G CLIENT: Kimley-Horn and Associates, Inc.

153 APPENDIX II SUMMARY OF SOIL CLASSIFICATION

154 Virginia Beach Williamsburg 204 Grayson Road 1592 Penniman Rd. Suite E Virginia Beach, VA Williamsburg, Virginia (757) (757) Elizabeth City 504 East Elizabeth St. Suite 2 Elizabeth City, NC (252) Relative Density Consistency Very Loose 4 blows/ft. or less Very Soft 2 blows/ft. or less Loose 5 to 10 blows/ft. Soft 3 to 4 blows/ft. Medium Dense 11 to 30 blows/ft. Medium Stiff 5 to 8 blows/ft. Dense 31 to 50 blows/ft. Stiff 9 to 15 blows/ft. Very Dense 51 blows/ft. or more Very Stiff 16 to 30 blows/ft. Hard 31 blows/ft. or more Particle Size Identification Boulders 8 inch diameter or more Cobbles 3 to 8 inch diameter Gravel Coarse 1 to 3 inch diameter Medium 1 / 2 to 1 inch diameter Fine 1 / 4 to 1 / 2 inch diameter Sand Coarse 2.00 mm to 1 / 4 inch (diameter of pencil lead) Silt GW - Well-graded Gravel Medium Fine Coarse Grained Soils GP - Poorly graded Gravel GW-GM - Well-graded Gravel w/silt 0.42 to 2.00 mm (diameter of broom straw) to 0.42 mm (diameter of human hair) to mm (cannot see particles) CL - Lean Clay CL-ML - Silty Clay ML - Silt GW-GC - Well-graded Gravel w/clay OL - Organic Clay/Silt GP-GM - Poorly graded Gravel w/silt Liquid Limit 50% or greater Less than 5 percent GW, GP, SW,SP GP-GC - Poorly graded Gravel w/clay CH - Fat Clay More than 12 percent GM, GC, SM, SC GM - Silty Gravel MH - Elastic Silt 5 to 12 percent GC - Clayey Gravel OH - Organic Clay/Silt GC-GM - Silty, Clayey Gravel SW - Well-graded Sand SP - Poorly graded Sand SW-SM - Well-graded Sand w/silt SW-SC - Well-graded Sand w/clay SP-SM - Poorly graded Sand w/silt SP-SC - Poorly graded Sand w/clay SM - Silty Sand SC - Clayey Sand SC-SM - Silty, Clayey Sand CLASSIFICATION SYSTEM FOR SOIL EXPLORATION NON COHESIVE SOILS (SILT, SAND, GRAVEL and Combinations) Standard Penetration Test (SPT), N-value Standard Penetration Tests (SPT) were performed in the field in general accordance with ASTM D The soil samples were obtained with a standard 1.4 I.D., 2 O.D., 30 long split-spoon sampler. The sampler was driven with blows of a 140 lb. hammer falling 30 inches. The number of blows required to drive the sampler each 6-inch increment (4 increments for each soil sample) of penetration was recorded and is shown on the boring logs. The sum of the second and third penetration increments is termed the SPT N-value. CLASSIFICATION SYMBOLS (ASTM D 2487 and D 2488) More than 50% retained on No. 200 sieve Fine-Grained Soils 50% or more passes the No. 200 sieve Highly Organic Soils PT - Peat COHESIVE SOILS (CLAY, SILT and Combinations) Relative Proportions Descriptive Term Percent Trace 0-5 Few 5-10 Little Some Mostly Strata Changes In the column Description on the boring log, the horizontal lines represent approximate strata changes. Groundwater Readings Groundwater conditions will vary with environmental variations and seasonal conditions, such as the frequency and magnitude of rainfall patterns, as well as tidal influences and man-made influences, such as existing swales, drainage ponds, underdrains and areas of covered soil (paved parking lots, side walks, etc.). Depending on percentage of fines (fraction smaller than No. 200 sieve size), coarse-grained soils are classified as follows: Borderline cases requiring dual symbols Plasticity Chart Page 1 of 1 GET Revision 9/25/2008